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Recent Blog Posts
What Topics Will Be Addressed in an Illinois Parenting Plan?
When going through a divorce or legal separation, parents of minor children will need to consider a variety of topics related to child custody (now called “parental responsibilities” under Illinois law).. It is important to make sure these matters are addressed correctly, since the decisions made can affect parents and children for years to come.
During the legal process, one of the most crucial tasks will involve producing a parenting plan that addresses the well-being of a couple’s children. An experienced family law attorney can ensure that a divorcing couple’s parenting plan aligns with Illinois law, while also safeguarding the best interests of the children.
What Is a Parenting Plan?
Divorcing spouses will frequently negotiate a divorce settlement, which will include a parenting plan that addresses various child custody issues. For unmarried parents who are separated, a parenting plan will be created during their child custody case. In Illinois, such parenting plans are mandatory, and must be submitted for court approval to ensure that the children's best interests are prioritized.
How to Create a Valid and Enforceable Prenuptial Agreement
There are some situations in life where personal relationships and the law will intersect. This is true with marriage, which is not just a romantic relationship, but also a legal partnership. Married spouses’ lives will be linked together, and, as a result, the 2 parties will have certain rights and obligations. A prenuptial agreement can serve as a pragmatic foundation for a marriage, ensuring clarity and fairness for both parties right from the beginning.
While a prenuptial agreement (commonly known as a “prenup”) can provide a legal framework for a couple’s partnership, it may not necessarily affect a couple unless they choose to get a divorce in the future. Creating a prenuptial agreement that is legally valid and enforceable can ensure that the interests of both spouses will be protected if their relationship ever breaks down. An attorney with experience in divorce and family law can help ensure that the terms of a prenup accurately apply to a couple’s situation, and will be enforceable should the need arise.
Benefits of Creating a Prenuptial Agreement Before Marriage in Illinois
When couples are swept up in the romance of engagement and wedding planning, the idea of discussing financial matters and considering the prospect of a possible future divorce may seem far from appealing. However, entering into a prenuptial agreement before marriage can provide both parties with a sense of security and clarity. This legal document, crafted with the assistance of an experienced family law attorney, can help couples address financial matters and other important issues proactively, setting a foundation for open communication and mutual understanding in their marriage.
Understanding Prenuptial Agreements
A prenuptial agreement, often referred to as a "prenup," is actually a type of contract that a couple may enter into before they get married. It can outline the ownership of their respective assets, as well as how they will be divided in the event of a divorce or the death of one partner. Working with an experienced family law attorney to create this agreement ensures that both parties' rights and interests will be protected. A skilled family law lawyer can help ensure that the agreement is fair and legally enforceable, while also addressing any concerns that either spouse may have and providing clarity on how different matters will be handled in the event of a divorce.
Can Spousal Support Be Permanently Payable After an Illinois Divorce?
Getting a divorce can not only be difficult from an emotional standpoint, but it can also involve multiple financial issues. Among the many subjects that may arise, spousal support— also referred to as alimony or maintenance—may be a crucial aspect of post-divorce financial stability for both spouses. For those who are getting divorced in Illinois, understanding the nuances of the subject of spousal support is vital. In cases where spousal maintenance may be awarded by the court, spouses may be unsure whether this support will be paid on a temporary or permanent basis. An experienced family law attorney can help ensure that all issues related to spousal support will be dealt with correctly, while also addressing any other divorce-related concerns.
Understanding Spousal Support in Illinois
Spousal maintenance is designed to mitigate the economic impact of a divorce by providing financial assistance to a spouse who earns less, or who might not be financially self-sufficient after the end of their marriage. Spousal support is not ever automatically granted. Eligibility for maintenance will be determined based on a careful review of all of the circumstances relevant to each case.
What Role Can a Forensic Accountant Play in a High Asset Divorce?
For couples that have a high net worth, the divorce process can get complicated. When a couple owns many different types of assets, determining the value of those assets, identifying whether assets are marital property or non-marital property, and making decisions about how assets should be divided, can be difficult. In these situations, a forensic accountant can play a vital role in ensuring that financial subjects will be addressed correctly. An attorney with experience in high-asset divorce cases can work alongside a forensic accountant and provide skilled representation during legal proceedings, advocating for their client’s rights and protecting their financial interests.
What Is a Forensic Accountant?
A forensic accountant is a professional who can investigate financial matters related to legal disputes. They can examine financial records, identify hidden or undervalued assets, trace sources of income and expenses, perform business valuations, and provide expert testimony, if necessary.
Reviewing Our Most Popular Family Law and Divorce Blogs of 2023
Family law encompasses many types of matters. Getting a divorce, addressing issues related to child custody, adopting a child, establishing paternity, or addressing other issues that will be handled in family court will all involve multiple types of legal considerations. Handling these matters can be difficult enough on its own, but the strong emotions that may sometimes be involved in these kinds of cases, and the stress of dealing with unfamiliar legal procedures, can make them seem overwhelming. Fortunately, an experienced family law attorney can be an invaluable guide and source of information during these types of matters. At Law Office of Vincent C. Machroli, P.C., we provide high-quality representation in all matters related to family law, and we also offer information about these cases on our blog. In 2023, we had a number of blogs that people found helpful. Our most-read blogs during the year were the following:
Post-Decree Issues that Can Arise in Illinois Divorce Cases
Many people believe that as soon as the divorce decree is issued, all issues relating to the divorce are over, never to be considered again. However, this is incorrect. Post-decree issues can and do occur, and when they do, careful navigation of such matters is important to ensure a fair resolution. If you have a post-decree problem you would like to address, it would be wise to contact an experienced family law lawyer in Illinois. Navigating these matters on your own is a recipe for disaster
Child Custody
One of the most prevalent issues involves seeking child custody modifications. As a child grows up, their needs and circumstances often change, requiring adjustments to the existing custody arrangement. If a parent wishes to modify a child custody determination, they must be able to demonstrate a substantial change in circumstances that affect the child’s well-being. You should discuss your wishes with an experienced custody attorney to build a compelling case as to why your child custody modification should be granted.
What Is the “Best Interest of the Child” Standard in Family Law?
In family law cases where the subject of child custody needs to be addressed, the court will always seek to find solutions that will provide for children’s ongoing needs, and ensure that stability can be attained. The "best interest of the child" standard is a legal principle that guides judges in making decisions about how parental responsibilities will be allocated, and how parenting time will be divided between parents. It is important for parents to understand this principle, and as they work to resolve child custody considerations, they will need to focus on protecting their children’s health, safety and well-being. An experienced family law attorney can provide effective legal representation in these situations, advocating for solutions that will protect children’s best interests, while also maintaining parental rights.
What Types of Property Will I Need to Address During My Divorce?
The divorce process may involve a number of challenges. You and your spouse will need to make decisions about how a variety of legal and financial subjects will be addressed. One of the most important financial aspects of the divorce process involves dividing marital property between you and your spouse. In Illinois, property division follows what are called equitable distribution laws, and so under those laws, assets and debts acquired during your marriage will be divided fairly, but you are not required to split everything in half and equalize the share of the marital estate that each party will receive.
As you deal with subjects related to your marital property and other financial matters during your divorce, it is crucial to understand what types of property get dealt with. Consulting with an experienced family law attorney will give you a strong understanding of what assets are included in your marital estate, and how property may be valued and divided.
Should I Update My Estate Plan During My Divorce?
When you choose to end your marriage through divorce, you will need to address many subjects in connection with your finances, your living arrangements, your relationships with your children and other family members, and other parts of your life. Dealing with all of this can be overwhelming, and it can be easy to overlook certain subjects that may not seem as important in the midst of legal proceedings and major life changes. Estate planning can be one topic that may seem like something that can be addressed in the future rather than right away. However, the topics which get addressed in your estate plan can have a monumental impact on your future, so you should not put off dealing with these topics. An attorney who has experience in both family law and estate planning can provide valuable guidance on what subjects you will need to address and what decisions you should make as you work to complete the divorce process.
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