Tag Archives: Hinsdale divorce attorney

IL divorce lawyerWhen considering divorce, you are likely thinking about how it could be a long process, and the many steps you will have to take throughout it. While the actions you take during divorce will depend on the specifics of your case, there are also some things that anyone considering divorce should do before they even file. The most important of these are listed below.

Prepare Financially

You will need a lot of documentation during your divorce case. Now is the time to collect records of financial accounts, phone records, car notes, and mortgages. Many times, spouses share these documents and when that is the case, you should take photocopies of the documentation and store them in a safe place.

Be Realistic About Child Custody

If you have children, custody issues are likely to be one of your biggest concerns as you consider divorce. It is important to remember that in most cases, a judge will award both parents time with the child unless there is an extreme situation such as addiction or domestic violence. Reviewing your work schedule, your child’s schedule, and the obligations you have will greatly help you prepare for the child custody process. If you and your spouse can reach a child custody agreement that is fair, your divorce will proceed much quicker and much more smoothly.

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IL divorce lawyerPrenuptial agreements are not tacky agreements as they were once thought. More and more people are entering into a prenuptial agreement before getting married to protect themselves in the event that they get divorced. Still, if you entered into a prenuptial agreement and are now worried that you signed away your rights, you can still take action. There are many ways to challenge a prenuptial agreement in Illinois and ask a judge to invalidate it.

Voiding a Prenuptial Agreement

When a judge deems a prenuptial agreement to be void, they may invalidate the entire agreement, or they may only strike down certain portions of it that they deem to be unfair. Certain provisions are also not allowed in prenuptial agreements. For example, in Illinois parents are considered to be financially responsible for their children until they are no longer a minor. As such, prenuptial agreements cannot waive child support obligations. In some instances, a judge may also strike down a provision that reduces or eliminates spousal support if they find that the person is entitled to receive support and will be left in financial hardship without it.

Reasons to Void a Prenuptial Agreement

There are many reasons a judge may invalidate a prenuptial agreement. These include:

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IL divorce lawyerWhen spousal maintenance is awarded in an Illinois divorce case, one spouse is ordered to pay the other financial support once the divorce is finalized. Spousal maintenance is one of the most hotly contested aspects of divorce, and it is also very misunderstood. Some believe only men are ordered to pay maintenance, while others believe that they will receive payments forever. These are just two of the most common myths surrounding spousal maintenance. The truths behind them are included with the top six misconceptions below.

Spousal Maintenance Is Permanent

Maintenance is only intended to help someone get back on their feet financially once the divorce is finalized. Once the recipient reenters the job market or can fully support themselves, the other may petition the court to stop the support payments. In other instances, maintenance may last for an even shorter amount of time, such as when the spouses are still going through the divorce and before it is finalized.

The Terms of Maintenance Are Permanent

Even while a person continues to make maintenance payments, the terms of the order can be modified. For example, a person paying maintenance may lose their job, or the recipient may get a better job. Both of these situations would change the financial capability of one party, which could result in the court modifying a maintenance order.

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Il divorce lawyerAlthough the majority of divorce cases are settled before they enter litigation, the reality remains that many cases require a trial. If your divorce is headed to trial, it is normal to feel intimidated and overwhelmed by the prospect of going before a judge and stating your case. Still, there are certain things to remember that can help you feel confident throughout the length of the trial, and give you a better chance of a positive outcome.

Dress Appropriately

It may sound obvious, but you should always dress appropriately any time you have to appear in court. Do not dress casually or wear provocative clothing. Instead, dress professionally wearing either a suit or another item that provides a clean and neat appearance. This shows that you have respect for the entire process and the court and will win favor with the judge.

Keep Answers Short

During a divorce trial, you will likely have a lot to say and you will want the judge to know your full side of the story. However, it is best to keep your answers short and to the point. Providing too much information can actually make your case less compelling. Also, if you provide too much information, it could hurt your case. Your lawyer will always make sure that the most important information comes to light during the trial.

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IL divorce lawyerDivorce forces you to think about your future, what you want it to look like, and how to protect and prepare yourself for it. While trying to place yourself in the best position possible once your divorce is finalized, you may try anything to keep your family home. The marital home is typically the biggest asset in any divorce and one that often both spouses wish to keep. Before you enter into a fight regarding the home, there are some very important questions you must ask yourself.

Is the Home Marital Property?

Under Illinois’ property division laws, marital property is subject to equitable division. This means that if you and your spouse purchased the home together after you were married, the court will divide the home fairly, although not necessarily equally. If you or your spouse bought the home alone before marriage, on the other hand, it is separate property and the purchaser can keep it outright. Typically, family homes are considered marital property, although that is not always the case.

Do You Have a Premarital Agreement?

More and more couples today are entering into premarital agreements prior to marriage. If you and your spouse did this and the home was mentioned in the agreement and the agreement is deemed enforceable by the courts, the terms included in the agreement will stand, even if it is no longer your preferred outcome.

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