Recent Blog Posts
4 Reasons Kane County Couples Need a Cohabitation Agreement
Whether you have heard of a cohabitation agreement or not, you might need one if you are living with but not married to your romantic partner. It is becoming increasingly common for couples to live together in long-term, committed relationships without choosing to legally marry. The reasons couples may elect not to marry are numerous and varied. Some simply do not see the need for a “piece of paper” to show commitment. Others prefer to avoid legal entanglement.
However, in the event that such a relationship ends, there is likely to be a legal entanglement of some type anyway, often in the form of joint property or even children in common. A cohabitation agreement can help you address how certain issues would be settled should you split, or should one of you pass away. These agreements may be the best way for unmarried couples to legally protect themselves.
3 Things to Know About Divorcing With Pets in Kane County
Pets are not just property to their owners. They are companions. Many consider them family members. Further, they are living, breathing, feeling, beings. People love their pets in a way that they do not love their couch, rug, or even car in most cases. If you and your spouse adopted a pet together and are now getting a divorce, you will need to address who will have custody of the pet and who will provide for its needs. A qualified divorce attorney can help you work out your pet custody concerns as one important part of resolving your divorce.
What Should I Know About Pet Custody Issues in a Divorce?
In some divorce cases, one spouse is happy to let the other take “their” pet. In others, the spouses adopted a dog together, or have both grown attached to a cat over the years. Neither spouse may be willing to completely part with their beloved pet, so animal custody can become quite a contentious issue for some couples. Fortunately, there are solutions in Illinois. If you are faced with pet custody issues in your divorce, you should know:
What is Not Considered Marital Property in Illinois?
Dividing up marital property equitably can be one of the most stressful parts of a divorce. Depending on the length of the marriage, couples may amass quite a bit of shared property that will need to be split before the divorce is finalized. Of course, the first step to the equitable division of marital property is determining what exactly is - and is not - marital property. While it is true that most things a married couple has are considered marital property, Illinois law carves out a few exceptions. Most married individuals own some individual property, whether they realize it or not.
If you are struggling with the division of property in your divorce, you should contact a qualified divorce attorney as soon as you can. Divorces can be highly contentious proceedings, and some will try to take advantage of unrepresented parties. Always consult an attorney before agreeing to give any property that you believe is rightfully yours.
4 Important Tips for Individuals Facing a High-Asset Divorce
Anyone who has been through a divorce or is currently in the middle of divorce proceedings would likely agree that finalizing a divorce can be a complicated and contentious feat. When substantial assets and high net worth are involved, the complexities and conflicting opinions can increase exponentially. If you are facing a high-asset divorce in Illinois, there are steps you can take to make the process as smooth as possible and help you to achieve a successful settlement in the end.
Identify and Organize All Assets
While building a comprehensive list of all of your assets may not be the first thing that comes to mind at the onset of a divorce, identifying and organizing all assets as soon as possible is incredibly important. It is also important that you are completely transparent when creating this list. If it is discovered that assets are being hidden, it can have a detrimental impact on the determined settlement that one receives. This includes attempting to liquidate, devalue, or transfer ownership of any assets.
Advantages and Disadvantages of an Illinois Post-Nuptial Agreement
In the state of Illinois, in the event of a divorce, the equitable distribution law divides the assets fairly, not equally. However, when individuals desire to manage specific assets or property in a particular manner, they may choose to pursue one of the two available nuptial agreements. In the event of a divorce, both pre-and post-nuptial agreements establish how to properly handle assets and property. While pre-nuptial agreements are formed prior to marriage, post-nuptial agreements are initiated during the marriage. If having such direct control over your assets provides you peace of mind, you may want to correspond with a family law attorney to better understand your options.
When Can Post-Nuptial Agreements Be Advantageous?
If the individuals are already married, it is too late for them to form a pre-nuptial agreement. If they still wish to seek this type of asset control during the marriage, they would enter into a post-nuptial agreement. Post-nuptial agreements can be valuable and provide benefits to the couple whether they face divorce or stay together. Oftentimes, the couple may have originally wanted a pre-nuptial agreement but waited too long to make this feasible.
What Should Be Included in a Parenting Plan for Divorcing Parents?
Parents who decide to end their marriage and get a divorce will need to make decisions about a variety of issues related to child custody. In many cases, parents may be able to agree on how to handle these issues either by negotiating a settlement or participating in mediation. If an agreement cannot be reached, litigation may be necessary, and the final decisions will be made by the judge in their case. Matters related to child custody will be addressed in a document called a parenting plan that will be incorporated into the couple’s final divorce decree.
Terms of a Parenting Plan
The two main components of child custody that will be addressed in a parenting plan are the allocation of parental responsibilities and parenting time. Parental responsibilities, which are commonly known as legal custody, refer to the parents’ rights to make decisions for their children. A parenting plan will describe whether parents will share some or all of the areas of responsibility equally or whether one parent will have primary or sole responsibility in certain areas. The types of responsibility that will be addressed include decisions related to children’s healthcare and medical treatment, educational matters, choice of religion, and children’s participation in religious services and training, and extracurricular activities.
Will Spousal Maintenance Be a Factor in My Divorce?
Most people are familiar with the concept of alimony, in which one spouse makes payments to the other after a couple gets a divorce. However, the purpose of these types of payments is often misunderstood. Spousal support, which is known as spousal maintenance in Illinois, is not meant to punish or reward either spouse. In fact, the reason a couple’s marriage ended will usually not be considered when determining whether maintenance is appropriate. Instead, spousal maintenance is meant to address any disparity between the parties’ incomes and financial resources. It can help a spouse who earns a lower income maintain their accustomed standard of living and begin taking steps to support themselves.
Factors Considered When Determining Eligibility for Spousal Maintenance
Spousal maintenance will not be awarded in every divorce, and it is usually only appropriate if one party requires financial support to be able to meet their ongoing needs. Spouses may agree that spousal maintenance will be paid as part of their divorce settlement, or a prenuptial agreement may specify that spousal support will or will not be awarded. If the spouses disagree about whether spousal support would be appropriate, the judge in their case will decide whether to award maintenance after considering factors such as:
Has COVID-19 Led to an Increase in Domestic Violence Cases?
After a trying year due to COVID-19, many people are looking forward to 2021 with a vaccine being distributed throughout the country. However, there is growing concern that there could be a pandemic within the pandemic. Reports of domestic abuse have increased during the months of 2020. With much of the country’s workforce laid off or working remotely from home, and the uncertainty of the virus, tensions in many households have run high. Although stay-at-home orders issued at the start of the health crisis were intended to protect the public and prevent widespread infection, they left many victims of intimate partner violence (IPV) trapped with their abusers. However, they do have options for protecting themselves and their children.
Illinois Orders of Protection
Can an Illinois Child Support Order Be Modified Due to COVID-19?
As this year draws to a close, Illinois residents and people throughout the world are no doubt looking forward to a healthier and happier new year. The coronavirus pandemic changed our way of life in 2020, and we all did our best to adjust to a “new normal.” In a concerted effort to slow the spread of the highly contagious virus, federal, state, and local officials issued orders to limit in-person gatherings and require that face masks be worn indoors. Many non-essential Illinois businesses were closed, and those that were allowed to stay open have reduced their staff and hours of operation. As a result, numerous individuals lost their jobs and filed for unemployment over the past nine months. This economic downturn has led some parents who are divorced or who were never married to worry about how they are going to pay their bills, including meeting their child support obligations.
What Are the Benefits of Parallel Parenting in an Illinois Divorce?
A divorce can be one of the most stressful experiences of your life, regardless of whether you were married for a few years or a few decades. When you and your spouse have children together, adapting to life after the marriage ends can be very difficult. You will have to learn how to co-parent your children, even if you do not see eye-to-eye on everything. However, the most important thing to remember in a high-conflict divorce is to keep your children’s best interests in mind. “Parallel parenting” is an arrangement in which divorced spouses can co-parent by disengaging from each other, with limited direct contact, while remaining fully connected to their children. This version of co-parenting can be appropriate for ex-spouses who are unable to communicate with each other in a healthy or civil manner.
