December 2019 Archives

Not all prenuptials are created equal

Although prenuptial agreements are becoming more common in Illinois and throughout the country, there remain misconceptions regarding some of their basics. Initially, despite what once may have been the reality, prenups are not now exclusively a tool to be employed by the affluent. People are typically marrying later in life than they once did, which often corresponds with either or both of the partners owning a home or business before marriage. However, for whatever the reason a prenup is proposed, there are rules of construction that must be followed if it is to be considered a valid, binding legal document.

Understanding your rights to spousal maintenance in Illinois

If you have recently gone through a divorce in Illinois or you are contemplating filing for a divorce, you must understand your rights when it comes to spousal maintenance. Maintenance, which was once called alimony, can determine the lifestyle that you will likely be able to enjoy in the years to come.

Using a prenup to prepare in case of divorce

Some couples in Illinois may want a prenuptial agreement to protect them in case they get a divorce. This should not be a decision they procrastinate on making because preparing the prenup shortly before the marriage can make the document more vulnerable to challenges. It can appear as though one individual was coerced into signing it.

How fathers can address bias in custody situations

Some Illinois fathers may be concerned that they will be at a disadvantage in a divorce when it comes to child custody. In the past, in a divorce, mothers nearly always got custody. It was assumed that the father was primarily responsible for earning money and that the mother would stay home and care for the children. Courts assumed that the mother would be the best caregiver if the parents separated.

Advice for women going through a divorce

Women in Illinois who are going through a divorce and have children are likely concerned about the impact the divorce is going to have on their children. In a recent poll, almost three in four women said that they were concerned about their children's welfare after divorce and about their ability to provide financially for their children.

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