Stange Law Firm, PC
  • Toll Free:855-805-0595

Springfield, Illinois Divorce Law Blog

Time, accuracy and fairness: the qualities of a prenup

12172964_S (1).jpgImagine that you are preparing for your big wedding day. As you get dressed for the big occasion, your spouse comes to you and says that the two of you should sign a prenuptial agreement. The contract will protect you, your spouse says. Since you trust your spouse, you sign it, thinking that the document is in your best interest.

This hypothetical situation is actually just one way in which a prenuptial agreement can be deemed invalid. Prenuptial agreements are critical documents that can help any couple getting married -- but they also aren't perfect documents that are shielded from a legal challenge. The spouses must draft their prenup and discuss the topics that they will include in their prenup thoroughly before they sign. Not having enough time to consider the document can make the document (if not all of it, then part of it) invalid under a legal challenge.

Have you considered a prenuptial agreement?

12172964_S.jpgThere are many controversial aspects to divorce law and family law, but one of the most notable in this regard is the prenuptial agreement. There was a time not too long ago that prenuptial agreements were seen as socially taboo. Prenups were essentially a concession, according to this line of thinking, that a divorce was inevitable and that the spouse asking for the prenup was trying to protect his or her financial well-being as opposed to thinking about their relationship and their life together.

But those times have come and gone, and though a lingering stigma may still exist with prenuptial agreements, these contracts have proven to be useful and vital in many marriages (and divorces).

What to know if you pay or receive spousal support

46638040_S.jpgYou may think of your alimony payments as "just money," but there is far more to these critical payments than just numbers on a check. Alimony payments can be awarded in some divorce cases, and when they are, the former spouses involved have a responsibility to keep accurate and proper records regarding the payments they make or receive.

Consider this: what if your ex-wife or ex-husband doesn't pay what she or he is obligated to pay you? Wouldn't it be nice, in such a case, to have evidence documenting all of the previous times he or she has paid and being able to show how he or she didn't pay this time? Furthermore, what if your former spouse tries to claim he or she didn't receive a payment? Wouldn't it be great to have the records to prove otherwise?

Child custody: be prepared for changes to the agreement over time

34789212_S (1).jpgThere are few guarantees in life. When you meet the love of your life, there's no guarantee that your wedding day will go off without a hitch. Once you're married, there's no guarantee that your union will persist through the years. And if you get divorced, there's no guarantee that whatever agreement you reach will be the same on day one of your divorce as day 1,000. In fact, in relation to the latter, it's highly unlikely it will remain the same.

Arrangements after a divorce has been finalized need to change as your life (and your former spouse's life) changes. Your financial situation is bound to change, just as your employment situation is bound to change. Now, imagine you have a child in these scenarios. How can you address the dramatic life events that can happen over the years in your child custody agreement?

The evolution of valuing fatherhood

5333424_S.jpgA 2011 Psychology Today blog discusses how fathers are important to the development of the child. To many readers today, that might sound like an overly obvious point. However, the doctor who wrote the piece addresses how the value placed in fatherhood has changed over time, from Biblical times to today. 

These days, it is not rare for family courts to grant shared custody between mothers and fathers. In fact, it is a common goal of the courts to keep both parents equal parts of a child's life. Divorce and child custody cases have likely taken that turn for the better for fathers due to a shift in research in the 70's that focuses on how fathers serve such a positive parenting purpose.

The issue of pet custody is a delicate and complex one

11188626_S.jpgSome married couples never have kids. There are many reasons that a couple may make this decision, and some of these couples may decide to get a pet instead -- or they may already have a pet before making their decision. They love their pet as if it were a child, training their pet and loving it as a family member. It is not surprising, then, that should a divorce occur, the pet owners are left worrying what will happen to their dog, cat or other animal.

Pet custody is a complex issue in divorce because in many cases, the pet is treated as a piece of property. In such cases, the spouses have to make a difficult case that proves why that "piece of property" should belong with them.

6 mistakes to avoid during your divorce

14332133_S.jpgNo one is perfect; we all make mistakes. At no time can this be more evident than when people are going through a difficult situation like a divorce. This is because it can be very easy for two people to point out any and every bad decision, flaw or unwise choice that each other has exhibited during a marriage in an attempt to protect their own interests.

For better or worse, there is nothing that can be done about mistakes from the past except to address them and move forward. However, you can do yourself and your future a big favor by not making certain mistakes as you navigate the divorce process.

3 lessons you can learn from Johnny Depp's split

11066284_S.jpgReaders of this blog may be aware of the fact that actor Johnny Depp and his wife, actress Amber Heard, are getting divorced. While this story might not seem to have any relevance to you, the fact is there are some things we can learn from this and other high-profile splits.

Below we examine some of the important lessons we can all learn from these situations and how it is possible to address them.