Posted on May 26, 2021 in Property Division

When you are going through a divorce, it can feel like the list of things you have to do is neverending. There are dozens of issues that must be addressed before you can finalize your divorce, and resolving them often takes some time. The day you are finally able to sign your name on the dotted line is the day that you can officially say you are divorced—a sigh of relief for many. But what happens when you suddenly remember something that was left out of the divorce agreement? Can you go back and amend your agreement, even if it has already been finalized? It can be difficult to amend a divorce agreement, but it is not impossible with the help of a knowledgeable Illinois divorce lawyer.

Modifying Your Divorce Settlement Through Agreement

The court will not allow certain major issues to go unresolved before a divorce is finalized. These issues include the division of marital property, orders for child support and spousal support, and the allocation of parenting time and parental responsibilities. However, there may be smaller details that slip through the cracks, perhaps regarding the specifics of your parenting plan. The easiest and most peaceful way to address these issues is to discuss them with your ex-spouse so you can come to an agreement. Just like during the divorce process, coming to a mutual agreement can be much more efficient than fighting a contested battle in court and leaving the decision up to the judge.

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 Posted on May 25, 2021 in Family Law

Some of the most heated disputes during an Illinois divorce are those that deal with issues concerning the children. In some cases, a parent may use the child as a way to hurt or "get back" at the other parent for whatever reason. In other cases, a parent may just be so worried about the outcome of the allocation of parenting time and parental responsibilities that they decide to take the child without the permission of the other parent before they lose them. If you believe that your child has been abducted or is at risk of being abducted by their other parent, you should speak to an Illinois family law attorney to discuss your options.

Defining Child Abduction

It can be frustrating when your child’s other parent is late to drop off the child or does not exercise their visitation rights consistently. However, in some cases, a parent may act much more irresponsibly than inconsistent drop-offs. In some cases, a parent may go so far as to even abduct the child from their other parent. In the legal context, child abduction is a rather specific act that comes with serious consequences.

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 Posted on May 19, 2021 in Divorce and Finances

Your marital status does not directly affect your credit score. However, that does not mean that it cannot affect it indirectly. It is not uncommon for a person to notice a difference in their credit score during and after a divorce because of all of the financial changes that this process brings. Having a decent credit score is important for a variety of reasons. Your credit score is how lenders determine whether or not they will do business with you. If your credit score takes a hit, you could have difficulty purchasing a vehicle or home, renting a place to live, or opening any other type of line of credit. Protecting your credit score should be a priority at any time, but especially during your divorce.

Steps to Take to Protect Your Credit

If you are planning to file for divorce, it is important that you pay attention to your finances. Your entire life is changing, and it is easy for something to slip through the cracks and harm your credit score. Here are a few things you can do to help protect your credit score during your divorce:

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 Posted on May 18, 2021 in Family Law

Most people would agree that the bond between a parent and their child is a special, sacred one. Illinois courts have adopted this principle and use it in nearly all legal matters concerning children. When parents are unable to agree on certain issues, like parenting time or visitation, the judge will make the final decision with the intention of preserving the relationship the child has with each parent. Under Illinois law, fathers have just as much of a right to a relationship with their children as mothers do. Even though it may feel like a never-ending battle when you are an unmarried father, it is important to realize that there are ways to secure and protect your parenting rights regarding your child.

Is Your Child’s Paternity Established?

Before an unwed father can legally claim any rights to his child, he must first establish paternity of the child. In many cases, establishing paternity can be as easy as filling out and signing the Voluntary Acknowledgment of Paternity (VAP) form at the hospital when the baby is born. In cases in which the child’s paternity is contested, you may have to use other methods of confirming the child’s paternity, such as genetic testing. Either parent can request genetic testing to determine whether or not the alleged father is truly the biological father. Once you have established paternity through any legally recognized method, you can petition for rights regarding your child, such as parenting time and parental decision-making responsibilities.

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 Posted on May 12, 2021 in High Asset Divorce

Sometimes, things just do not work out the way that you planned, and the only thing you can do is to find a way to remedy the situation. When a marriage does not work out, divorce is usually the result. Divorce can happen to anyone, no matter your age, educational attainment, or socioeconomic status. However, couples who have a high net worth often experience different issues and difficulties that other couples may not face. Getting a divorce when you have a high net worth can be demanding and stressful. Having a clear understanding of the divorce process as a high-net-worth individual can help decrease some of the unknowns that any divorce can bring.

Important Issues in a High-Asset Divorce

While the general elements of a divorce resolution are the same for couples with a high net worth, the presence of substantial assets can complicate them. Here are some issues you are likely to encounter.

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 Posted on May 11, 2021 in Divorce

Getting a divorce is a stressful process for most people. In many cases, it can be difficult for a person going through a divorce to look toward the future and preemptively plan for something like their finances. However, it is extremely important that you begin looking at your financial situation before or during the divorce process so you do not suffer unnecessarily after everything is said and done. Most people who go through a divorce experience some sort of change in their financial situation, especially when it comes to their income and financial goals. Making a solid financial plan before you are thrust into post-divorce life can be helpful and even crucial for success after divorce.

Assessing Your Financial Situation

In many marriages, only one of the spouses really knows the details of the family’s finances. This person is commonly referred to as the "in spouse" while the other spouse is referred to as the "out spouse." The "in spouse" is typically the person who pays the bills each month, does the investing, and possibly consults with a financial planner. Because of this, the "in spouse" usually has a leg up in a divorce because they have a better understanding of the household finances. If you are the "out spouse," the first thing you should do as you prepare for divorce is to assess the situation and attempt to gain an understanding of your finances.

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 Posted on May 05, 2021 in Order of Protection

Nobody ever thinks that they will become a victim of domestic violence until it happens to them. Unfortunately, domestic violence happens much more frequently than you may expect. According to the National Coalition Against Domestic Violence, more than 10 million people in the United States are victims of domestic violence each year. In 2019, there were 193,800 domestic violence calls made to the Chicago Police Department alone, along with 24,400 calls made to the Illinois Domestic Violence Hotline, according to data from The Network: Advocating Against Domestic Violence, an organization dedicated to helping victims of domestic abuse. Many victims of domestic violence never seek help, but the ones who do have options available to keep themselves and their families safe. One widely used method is petitioning for an order of protection from the abuser.

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 Posted on May 04, 2021 in Divorce

Making the decision to divorce your spouse is a huge step. In many cases, making that decision takes months, if not years, to solidify and begin the process. One of the first steps in the process is to find a divorce attorney who can help you accomplish your goals in your divorce. Before you hire just any attorney, however, you would be wise to set up initial consultations with any lawyers you are considering working with. An initial consultation is a way for you to meet the attorney, ask questions, get to know your attorney, and discover how they can help you and what they can provide during your divorce. Many people getting a divorce find the process of hiring an attorney to be intimidating, but as long as you are prepared, your consultation can be a productive one.

Make Sure You Come Prepared

When you go to a divorce consultation, you are in control. You will get the most out of your divorce consultation if you bring information to the meeting. The more information you are able to bring, the more productive your consultation will be. You should try to bring basic information about your financial situation, like recent pay stubs and tax returns. If you and your spouse have a prenuptial or postnuptial agreement, you should bring that. You should also be prepared with basic information about you, your spouse, and your children, along with things like the date you were married and the date you and your spouse began your separation.

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 Posted on April 28, 2021 in Prenuptial & Postnuptial Agreements

A prenuptial agreement (prenup) is a premarital contract regarding a couple’s property and assets, including how they will be handled in the event of a divorce. To be legally enforceable in our state, a prenuptial agreement must conform to the legal requirements contained in the Illinois Uniform Premarital Agreement Act. Even a seemingly small error could render a premarital agreement unenforceable. Here, our family law attorneys highlight four of the most common reasons why prenups are deemed invalid in Illinois.

No Formalized, Written Agreement

In some circumstances, you do not necessarily need a written agreement to have a valid contract. An oral contract is sometimes enforceable in Illinois. However, an informal or oral prenuptial agreement is never valid in Illinois. Under state law, a prenup must be “in writing and signed by both parties.” An informal pre-marriage “deal” is simply not enforceable. Only written and formalized prenuptial agreements will be enforced by state courts.

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 Posted on April 27, 2021 in Child Custody

One of the biggest concerns that many parents have during the divorce process is the effect it will have on their children. The irony of this is that the parents themselves have significant control over how their children are affected. Many people think the mere fact that parents are splitting up will be enough to permanently harm a child for life, but studies have shown that the level of conflict parents display to their children is a much more important factor when it comes to determining how much of an effect a divorce has on the children. Children whose parents are constantly in conflict suffer from more negative effects than the children of parents who get along.

Co-Parenting For Your Children’s Best Interests

With this in mind, it is important that you and your spouse keep the conflict to a minimum, especially when around the children. Co-parenting after your divorce can be complicated, especially if your divorce was less than amicable. Here are a few things you can do to help keep the conflict at bay during and after your divorce:

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