Family Law and Personal Injury Attorneys
Recent Blog Posts
Divorce With a Prenuptial Agreement in Place
Many modern couples enjoy the security of a strong prenuptial agreement. Prenuptial or postnuptial agreements can secure each spouse’s separate property or govern how marital property is to be divided in a divorce. For some, a legally sound prenuptial agreement can make the divorce process more expedient and less stressful. There may be very little property or money not governed by the agreement, making any negotiations of this nature generally brief. However, prenuptial and postnuptial agreements cannot settle the totality of the issues in each divorce case. The allocation of parenting time and parental responsibility cannot be predetermined by agreement. Further, a prenuptial or postnuptial agreement may disproportionately disfavor one party, leading to questions of enforceability. If you have a prenuptial agreement and are getting divorced, it is important to consult with a lawyer to learn more about how your contract will affect your divorce.
How to Divorce a Narcissist
Being married to a narcissist can feel like being caught in the web of a spider. Often, narcissists are skilled at hiding their narcissistic traits from outsiders, and they may even appear charming and polite to those who do not know them as well as their spouse would. Or, your friends and family may have quickly come to comprehend the true nature of your spouse. Indeed, social supports are of vital importance while you are in the process of undoing your marital entanglements with your narcissist spouse. There may be significant challenges on your path to a divorce decree, particularly if your spouse is displeased at being served with divorce papers.
You and your attorney must proceed with a high level of caution, as narcissists are prone to engaging in a variety of unfair or unreasonable divorce tactics. Throughout the duration of divorce proceedings, you may encounter hurdles placed by your spouse. Securing high-quality representation should be a high priority.
3 Good Reasons to Litigate Your Divorce
Divorce litigation can be a stressful affair. The hearings may go on for weeks or even months depending on the particular issues of the case. Those going through a high-asset divorce may be in and out of the courtroom for more than a year. Substantial evidence may need to be gathered, including financial records, bank statements, deeds, and more. Litigation is not an expedient method of divorce. The unpleasantness and inconvenience of litigating a divorce drive many spouses, including those who are far from amicable, to resolve their divorces through the use of cooperative divorce techniques such as mediation.
However, settling divorce issues by mutual agreement is not always an achievable outcome. Although your spouse cannot prevent you from divorcing them, they can force a trial by refusing to sign an agreement. If you have any reason to suspect that your divorce will go to trial, it is critical that you involve a skilled attorney with courtroom experience from the outset of proceedings.
Divorce for Family Business Owners
Divorce can be complicated even for spouses who share very little marital property. When part of your marital or shared property is a business, ownership interests and other rights regarding the business will need to be divided in an equitable manner. There are a lot of considerations that must be taken into account when dividing a business incident to high-asset divorce. For example, you may consider whether one of you owned the business solely prior to marriage, or if one of you does a majority of the work in managing the company’s day-to-day operations.
Business valuation is likely to be an important step in the process so that both parties - and the court, if need be - are fully informed. While each situation is different, some spouses find it better to negotiate and work out how the business is to be divided amongst themselves with assistance from their attorneys. It is important to work with an attorney who has experience helping business owners get divorced.
Alternatives to Divorce Litigation
In a recent blog, we talked about what to expect from divorce litigation. Taking a divorce case to court is certainly not everyone’s first choice. There may be an easier, quicker, and less costly way to resolve your divorce. Modern spouses have options like mediation and attorney-facilitated negotiation that may lead to an out-of-court settlement.
If you and your spouse are able to come to an agreement on each issue in your divorce, then you can file for an uncontested divorce. Courts will generally approve these agreements and finalize your divorce rather quickly. It can also be easier on the kids if their parents are able to work things out. Children generally have no involvement in the collaborative divorce process whereas in divorce court, they could be placed in the middle of the conflict. You do not even need to have direct contact with your spouse using some methods.
Resolving Your Divorce Without Going to Court
Many spouses initially think that they are too much in conflict to come to an agreement, only to discover that these techniques are more effective than they thought. There is no real reason to rehash old disputes with your spouse or review the reasons you are getting divorced in most cases. A few of the techniques that may work for you and your spouse include:
Recognizing the Various Forms of Spousal Abuse
One of the best things you can do for yourself and your children if you are in an abusive marriage is to get out and file for divorce. It is a well-settled fact that spousal abuse tends to get worse over time rather than improving. Quite a few people who are facing spousal abuse have not yet identified that what their spouse is doing to them is a form of abuse. While hitting or hurting a spouse is always abuse, there are many different types of spousal abuse. If your spouse is engaged in any form of abuse, your odds of ultimately experiencing physical violence at their hands are increased.
It can be difficult to initiate divorce, and even more difficult to get through the entire process. However, coming out the other side and being free to pursue your own happiness is well worth it. If you are facing abuse, you should always tell your divorce attorney right away so that they can help you take any necessary steps to protect you.
What Can I Expect if My Divorce Goes to Trial?
In a perfect world, divorcing couples would agree to go their separate ways after a calm, even-handed negotiation over property division, spousal support, and child custody. Doing so would save everyone from the time, money, and emotional distress that are spent in spades on divorce courtroom litigation.
Illinois courts recognize the importance of trying to negotiate divorce issues peacefully and will encourage and even mandate some couples to attend mediation in an effort to avoid litigation. Nevertheless, not all divorce trials are avoidable, and sometimes, a court must intervene and make decisions on behalf of a couple. This is particularly likely in cases involving spousal or child abuse, financial duplicity, or in high-conflict, high-profile divorces. Here is a brief overview of what to expect if your divorce goes to trial.
Is it Worth Trying to Appeal My Illinois Divorce Decree?
Making compromises during divorce negotiations is difficult and bound to result in dissatisfaction on the part of most spouses. This is especially true when some or all of the issues in the divorce are decided by a judge, rather than by a couple negotiating the terms themselves. When someone feels like their divorce decree is unfair or even goes against Illinois family law, he or she may want to appeal the decree to see if some or all of it can be overturned.
While it is important to maintain a hopeful perspective, it is also important to be realistic. Divorce appeals are rarely successful because they are predicated on the appeals court finding that the lower court made an error in applying the law. However, sometimes divorce decrees can be appealed, and if you are considering trying to appeal yours, it is important to know how the appeals process works.
Five Helpful Tips For Stay-at-Home Moms Getting Divorced in Illinois
While women may be entering the workforce more than ever (and often outearning their spouses in the process), many families still opt to have one parent stay at home while their children are very young. The high cost of childcare, a desire to spend a child’s most tender years together, or a simple lack of available local options may make a stay-at-home parent not only desirable but necessary.
But there is no question that, especially in unhealthy marriages, a spouse who does not earn an income of her own can be put at a disadvantage when it comes time to divorce. When one or both spouses decide the marriage is at an end, the spouse who has spent the last many years being a full-time parent may feel panic, fear, or confusion about how they will be able to pay for an Illinois divorce. For homemaker spouses getting a divorce, here are five tips that may help you manage your finances more easily.
Do I Need to Talk to My Spouse Before Filing For Divorce in Illinois?
Victims of domestic abuse, whether it be physical or emotional, are often afraid to leave their spouses. Unfortunately, research suggests these concerns are well-founded, as victims tend to be at the greatest risk when they try to end an abusive relationship. In cases like this, victims may wonder if they can file for a divorce on their own, without alerting their spouse first. Fortunately, the answer is yes. If you need help filing for divorce in Illinois and are worried about your spouse finding out, our attorneys can discreetly work with you to protect your privacy.
Attorney-Client Privilege
Many people have heard about the attorney-client privilege in a courtroom drama TV series or novel, but not many people understand the nature of this highly privileged relationship. The confidence between an attorney and her client is so privileged that an attorney cannot be called to testify against her client in court, even after she no longer represents the client. Attorneys who violate attorney-client privilege can face serious consequences, including disbarment. The attorney-client privilege continues even if the attorney or the client ends their relationship or if either party passes away. An attorney will absolutely not reveal details of her client’s case to the client’s spouse.
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