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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerNearly 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.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Divorce can be complicated on its own, but adding children into the mix can complicate things further. When you get a divorce and you and your ex have children together, you will almost always split decision-making responsibilities and parenting time with them if it is left to the courts to decide. The courts will encourage you and your ex to work together to create parenting plans, but in the event you and your spouse cannot work together, Illinois family courts will intervene and it will be left to a judge to determine what is in the best interests of the children. Sometimes, a parent may believe that what is best for their child is for the other parent to play no part in their life. In cases like these, will the court issue an order to restrict parenting time?

Petitioning the Court for Parenting Time Restrictions

In an effort to be fair to all parents, the court begins its determinations from a place of neutrality. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that “It is presumed that both parents are fit and the court shall not place any restrictions on parenting time…” If you believe that your ex should have parenting time restrictions, you must be able to prove to the court that spending time with your ex would endanger the physical, mental, moral or emotional health and well being of your children. If you wish to restrict your ex’s parenting time, you must petition the court for the restriction and attend a hearing.

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerThe “dream” divorce, if there is such a thing, is one in which both spouses are amicable with each other, still respect one another, and are willing to work together. While this may be a reality for a lucky few, the majority of divorces are going to involve some degree of animosity between the spouses. In some cases, the tension between the spouses can get so bad that a spouse will do anything in his or her power to keep their soon-to-be-ex from getting their fair share of marital assets. In these cases, the spouse may do what is considered marital asset dissipation.

What is Dissipation?

The Illinois Supreme Court defines dissipation as the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time the marriage at a time the marriage is undergoing an irretrievable breakdown.” Dissipation can include intentional wasting, spending, destroying or otherwise squandering marital assets for the simple purpose of depriving the other spouse of the asset. Examples of dissipation can include:

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Posted on in Divorce

divorce-financesOne 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.
Many people who cite debt as the cause of their divorce often find that their credit scores have suffered because of the marital debt. If you are in a situation where martial debt and financial issues are leading you to consider divorce, it is important to know the steps you should take to protect yourself before, during, and after the divorce. Multiple Streams of Debt

Common forms of  marital debt include:

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerThe 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

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