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Divorce Archives

What is a premarital agreement?

95413181_S.jpgMarriage is both an emotional and legal undertaking. While an Illinois resident may initially find themselves drawn to another person on an emotional level, they must formalize their relationship through the legal process of marriage in order to be recognized by the state and thereby qualify for marriage-related benefits. Choosing to marry is thus a big decision. Those who decide to pursue marriage can and should speak with their prospective partners about whether they will enter into a premarital agreement.

Divorce later in life can be financially crippling

116391239_S.jpgWhile it is important for Illinois residents to always be true to their own needs and emotions, it is important that they also fully realize the consequence that their decisions may have on their lives and futures. This is especially true when a person decides that they want to end their marriage in divorce. A divorce can bring about many emotional, financial, and legal changes that those who pursue it may not be prepared to cope with.

Martial and separate property during an Illinois divorce

30730254_S.jpgThe property that a person owns when they get married may be treated differently depending upon what it is and what purpose it may serve in the individual's relationship. For example, while the individual's car may be shared with their spouse and immediately retitled to demonstrate their joint ownership of it, the individual's pre-marital savings account may stay under their name only and untouched by the parties, never being used for marital purposes. Property in Illinois may be considered marital or separate, and this distinction is important when that property must be divided up pursuant to a divorce.

What is a post-divorce modification?

44914380_S.jpgWhen the parties to an Illinois couple reach the end of their divorce, they will presumably have all of their personal and financial matters worked out. They will have divided up their assets and debts, and they will have decided how items of property should be distributed between them. If they have kids, they will have worked out how custody will be established to serve their children's needs, and they will have set rules on how child support and spousal support should be paid.

Revisiting a prenuptial agreement during a divorce

82731991_S.jpgPrenuptial agreements, sometimes called premarital agreements, are contracts that are drafted before two people are joined in marriage. Prenuptial agreements often cover topics related to how the parties do and will own items of property and may also address if and how alimony should be awarded in the event that the parties' marriage ends in divorce.

Special issues may apply during gray divorces

37230995_S.jpgThe topic of gray divorce may or may not be familiar to readers of this Springfield family law blog. It refers to divorces that occur between individuals who are older, generally in their 50's or older. Often gray divorce brings long-term marriages to their end and often does not involve matters related to custody or child support. To such ends, gray divorces often revolve around happiness, money and making the most of the parties' futures.

Spousal support may be terminated in different ways

29982289_S.jpgNot all spousal support orders are intended to last indefinitely. While it is true that in some cases an Illinois couple may end a long-term divorce and the support-receiving party may not have any chance of re-entering the workforce, for many divorcing parties there is some way for the recipient spouses to find ways to support themselves. Therefore, the type of spousal support that a court orders will have a lot to do with when that order will eventually end.

What is a "no-fault" divorce?

51090434_S.jpg"No fault" divorce may seem like an odd phrase to give to a legal process that is literally built upon terminating a relationship where the parties no longer want to be affiliated with each other. It would seem that in such circumstances two Illinois residents would feel as though the other is at fault for causing them to want to divorce and to divide up the life they had built together as a married couple. However, a "no fault" divorce does not mean that a divorce is without conflict, but rather that it has arisen due to the unfixable breaking of the couple's marriage.

The role of spousal support in an Illinois divorce

41866876_S.jpgAlthough it is not uncommon for both of the partners to a marriage to be employed and earn significant incomes during their lives, some couples still practice the more traditional path of having one partner manage household responsibilities while the other works outside of the home for pay. In the past, women were more likely to be stay-at-home parents and household managers than their spouses, both over time more men have embraced this role as well.

How can you protect your children during the divorce process?

47215401_S.jpgParents in Illinois will go to the ends of the world in order to protect their children. While it is impossible to protect young ones from all the risks, downfalls and upsetting situations in life, parents have the ability to reduce the negative impact certain life events can have on their children. This is especially true for those parents ending a marriage. It is clear that this process will alter the life of their children; however, there are opportunities to reduce this.

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