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Recent Blog Posts
Can a Prenup Be Changed or Revoked?
Yes, the terms of a prenuptial agreement (prenup), or premarital agreement, can be changed or revoked in Illinois. However, certain requirements must be met for changes to take place.
When considering changing your prenup, it is important to consult with an attorney. A divorce and family law attorney can help you understand the legal implications of your decision and can draft the necessary paperwork. It is also a good idea to have each spouse hire their own attorney to ensure that both parties are represented fairly.
How to Change a Prenup
Prenuptial agreements in Illinois can be changed in a few ways. One way is to sign a new agreement with your spouse, which will effectively cancel out the old prenup. Another option is to use a postnuptial agreement, which is similar to a prenup but is created after marriage. Postnups are often more detailed than prenups, especially in terms of how marital assets will be divided in the event of a divorce.
Collaborative Law Vs. Traditional Divorce Litigation
Collaborative law and traditional divorce litigation are two very different ways to get a divorce. Collaborative law is a voluntary process during which divorcing couples work together with their attorneys to reach a mutually agreeable settlement. Traditional divorce litigation is an adversarial process in which couples go to court to have a judge decide the terms of their divorce.
If you are considering collaborative law, it is important to find lawyers who are experienced in this process. You should also make sure that you feel comfortable with your lawyers and that you trust them to help you reach a fair and equitable settlement.
Collaborative Law
Collaborative law is a voluntary process that focuses on cooperation and communication, so both parties must agree to participate. The goal is to reach a settlement that is fair to both parties and that meets the needs of their children.
What is Needed For an Annulment in Illinois?
There is not an official court action in Illinois for a marriage annulment. Instead, you will need to ask a judge for a judgment of invalidity. The meaning is the same but the outcome is rarely granted. This is because the grounds that must exist before you can ask a judge for a judgment of invalidity are very specific.
Whether a judgment of invalidity is right for you depends on your individual circumstances. Before you petition a court, it is important to speak with an experienced annulment attorney to discuss your case and determine if you meet the grounds necessary in the state of Illinois.
What are the Grounds for a Judgment of Invalidity?
In Illinois, there are four reasons the court outlines for invalidating a marriage:
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One spouse was unable to consent to the marriage because he or she was under the influence of alcohol or drugs, has a mental incapacity, or was forced or under duress by the other spouse, or the other spouse engaged in fraud regarding a marriage detail
The Differences Between Co-Parenting and Parallel Parenting
Parents going through a separation or divorce will need to develop a solid parenting plan. Assuming both parents can and want to remain in the children’s lives, co-parenting and parallel parenting are two approaches to effective parenting. Both of these approaches can be successful, but it is important to choose the one that is right for your family and your individual circumstances.
Co-Parenting
Co-parenting is a parenting approach where both parents remain actively involved in their children's lives after separation or divorce. Co-parents work together to make decisions about their children's upbringing, including education, healthcare, and extracurricular activities. They also make an effort to spend time with their children on a regular basis.
What Can I Do if My Spouse Will Not Agree to Divorce?
In an ideal divorce, both spouses agree to end the marriage and work together to divide assets and, if necessary, decide on a parenting plan. However, not all divorces are this simple. Sometimes, one spouse may not cooperate, which can lead to a longer and more difficult process.
It is important to speak with an attorney if you are considering divorce and your spouse is refusing to participate in the process. An attorney can help you understand your options and provide guidance on what to do next.
Why Would Someone Not Sign Divorce Papers?
In a divorce case, the defendant is not required to sign any papers agreeing or not agreeing to the divorce. However, there are a variety of reasons why spouses may refuse to participate in certain aspects of the divorce proceedings, such as:
What is the Right of First Refusal in Illinois?
When parents get divorced, they can make a parenting plan that says how much time each parent will get to spend with the children. But sometimes, a parent might not be able to watch the children during their scheduled time. Maybe they have to work late or go out of town. In that case, that parent might need to find someone else to watch the children.
The right of first refusal says that if a parent cannot watch their children, they have to offer the other parent the chance to watch them first under certain circumstances. This means that the other parent has the first chance to be with the children before they go to a babysitter, other family members, or daycare. A family lawyer can help you make sure the right of first refusal is in your parenting plan and that the terms suit your needs.
How is a Right of First Refusal Created?
The right of first refusal is not automatically implied. It has to be written into the parenting plan. The parents can agree to it themselves or a judge can order it if they think it is in the best interests of your children.
The Primary Differences Between Collaborative Law and Mediation
Considering mediation or collaborative law can be a way to resolve your family law dispute without going to court. Both mediation and collaborative law are alternative dispute resolution (ADR) processes that can help you reach a mutually agreeable outcome. However, there are some key differences between the two processes.
When considering either mediation or collaborative law in Illinois, it is important to speak to an attorney. They can provide more information about the process and to see if it is the right decision for you.
A Basic Overview
In mediation, a neutral third party called a mediator helps you and your spouse communicate and negotiate a settlement. The mediator does not make any decisions for you, but they can help you to understand each other's needs and interests. The process usually lasts no more than one or two meetings but they can take anywhere from four to eight hours to complete.
Common Mistakes to Avoid When Creating a Parenting Plan in Illinois
Creating a parenting plan can be challenging, requiring parents to make important decisions about their children's care and upbringing. There is no universal solution; however, parents should avoid some common mistakes to ensure that their parenting plan is practical and workable.
Using General Wording
One common mistake parents make when creating a parenting plan is using vague or general wording. This can lead to misunderstandings and conflicts. Unfortunately, it leaves room for interpretation and disagreement. To avoid this mistake, it is important to be specific and detailed when outlining the plan's parenting schedule and other provisions.
For example, instead of saying that the child will spend "weekends" with one parent, specify which weekends (e.g., the first and third weekends of the month) and the exact times of pick-up and drop-off. Precise detail can help prevent conflicts and ensure parents understand their rights and responsibilities.
How is the Duration of Alimony Determined in Illinois?
Divorce can take an emotional and financial toll on both parties involved. For couples with income disparities, alimony helps ensure the lower-earning spouse maintains financial stability. Illinois has guidelines for alimony duration, but judges consider unique circumstances when making final decisions.
Calculating Alimony Duration in Illinois
Illinois utilizes a formula to calculate alimony duration based on the length of the marriage. For marriages lasting less than five years, alimony payments typically continue for 20 percent of the time the couple is married.
For marriages between five and 20 years, the percentage used to determine alimony duration increases incrementally based on the total years married. A marriage lasting five to six years would result in alimony payments over 24% of the time married. A six- to seven-year marriage equals alimony for 28 percent of the duration. The percentage keeps increasing up until marriages lasting 15 to 20 years.
The Impact of Business Ownership on Marital Property Division in Illinois
When married couples in Illinois divorce, dividing up marital property can get complicated if one or both spouses own a business. Illinois has particular laws about classifying and splitting up business assets that add complexity.
Categorizing Business as Separate or Marital Property
Typically, in Illinois, any property acquired during marriage is considered "marital" and is divided in divorce. But there are exceptions - gifts or inheritances usually stay separate property, as does property exchanged for separate assets unless they have been commingled with marital assets. Prenups and postnups can also define separate properties.
If a spouse started a business before marriage and kept it financially independent, it may stay their separate property. But if marital money expanded the business, or the other spouse helped run it, the increase in value could be marital property.
630-409-8184
1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505
The Law Office of Matthew M. Williams, P.C., provides legal assistance to residents of the cities of Aurora, Oswego, Naperville, Yorkville, Geneva, St. Charles and Wheaton, and to Kane County, DeKalb County, DuPage County and Kendall County,Illinois.
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