Nearly any marriage can benefit from a prenuptial agreement. What was once considered a taboo or only for the uber-wealthy, prenuptial agreements are now being used by more and more everyday couples. In the event that you get a divorce, a prenuptial agreement can help you decide how your property is divided, whether or not you receive spousal support, or even who gets custody of your pets. Sometimes, however, you may no longer find that your prenuptial agreement is right for your situation when it comes time to divorce. Can you contest the terms of your prenuptial agreement?

Challenging Your Prenup

Prenuptial agreements are documents that are supposed to make your divorce process easier, not more difficult. However, if you believe that your prenuptial agreement should be invalidated, your divorce has the possibility of getting even more contentious. This is when it is crucial for you to hire experienced legal counsel.

One of the most frequent causes of marital stress - and often divorce - is financial issues. Multiple studies confirm that high debt and the lack of communication about the debt is one of the major stresses in many marriages that end up in divorce.

Some of the more frequent financial issues that married couples face include:

• Credit card debt: When one spouse continues to rack up credit card debt over the objections of the other spouse
• Budget overextension: When one or both spouses are unable to stay within their financial means
• Financial infidelity: When one spouse has secret bank accounts, credit cards, hidden purchases, or gambling issues
• Impulsive major purchases: When one spouse makes a major purchase - such as a vehicle - without discussing with the other spouse
• Inability to compromise: When spouses have different philosophies on how money should be spent, saved, etc.

Common forms of  marital debt include:

The Oscar-nominated movie, Marriage Story, starring Scarlett Johansson and Adam Driver, offers insight and advice regarding marriage and divorce. The film focuses on real-life issues within a relationship and offers teachable lessons for those who are ending their marriages.

The critically-acclaimed film has won rave reviews because of its realistic and often gut-wrenching portrayal of a couple whose love for each other disintegrates into divorce. And just like many real-life couples, the main characters first agree that they will bypass legal battles and have a "friendly divorce," however, both end up hiring divorce attorneys. As the film reveals, even the friendliest of breakups can become contentious and attorneys are needed to make sure the divorce process is as fair as possible for both spouses.

How Divorce Attorneys Make a Difference

Due to the long-winded nature of many divorces, there are cases where a spouse passes away before the divorce is final. In Illinois, when a party in a divorce dies, the case is dismissed. The court requires two living parties to a divorce, so if only one is alive, there is no divorce.

Additionally, the surviving spouse is not a divorcee, but rather a widow. But what else changes when a spouse dies during divorce?

Division of Marital Assets and Property

Going through a divorce is physically, emotionally, and mentally challenging. Self-esteem may be low, emotions are often running high, and being almost, but not quite yet single, can be exciting. Although there is no Illinois law against dating during a divorce, it can add additional complications and legal issues for you and your new partner. Before you jump into a new relationship pre-divorce, here a few reasons as to why you should consider waiting until the ink is dry on your divorce papers:

1. Changes or elimination of spousal support or child support may occur. If the judge finds out you are living with your new partner, your spousal support may be affected. If you are the one receiving spousal support payments, the court may find that you no longer need the money because your new partner is supporting you. If you are receiving child support, the extra income coming into your household by your new partner could result in a decrease in your child support payments. If you are the one making spousal or child support payments, the court may find that you have more money available, and order you to pay more.  No matter what side of the coin you are on, your spousal or child support could take a hit.

2. You have children. Bringing your children around just anyone, especially in the midst of a divorce, is not an easy decision to make. Additionally, new relationships take time, and if you are focusing all your time on your new relationship, your children could notice and be affected by your distance.

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