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Recent Blog Posts
Do Civil Unions Offer Any Benefits in Illinois?
Illinois was the first state to recognize civil unions, and while civil unions have primarily been thought of as a way for same-sex couples to be legally protected, they are actually an option for any couple. Since the legalization of same-sex marriage in Illinois, civil unions are somewhat less popular, but they do offer some state-level benefits. However, civil unions can also be complex to dissolve, much like a marriage.
An experienced Illinois civil union attorney can help you understand civil unions in more detail.
Civil Unions Versus Marriage
The Illinois Religious Freedom Protection and Civil Union Act gives details about civil unions, including details about what is protected at a state level by a civil union. It is important to note that a civil union is not the same as marriage, as civil unions only protect the legal rights of couples in the state of Illinois.
Items that are protected by an Illinois civil union include:
Will I Have to Support My Spouse After an Illinois Divorce?
Spousal support, also referred to as alimony, is a type of payment made to one spouse by the other after a divorce. There are a number of situations where spousal support may be necessary, and it is important to figure out if this will be a factor in your divorce. A seasoned Illinois divorce attorney can help you explore your options when it comes to determining spousal support payments in your divorce.
When Is Spousal Support Awarded?
Details regarding maintenance for spouses in a divorce are outlined by the Illinois Marriage and Dissolution of Marriage Act. Under this act, there are a few different situations where spousal support may be necessary for one party after a divorce is finalized.
Common situations where spousal support may be needed include:
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When one party has primarily been the stay-at-home parent and needs support after a divorce to provide for themselves
What Legal Help Can I Get in a Domestic Violence Case?
Domestic violence during a divorce, child custody dispute, or other family law matters is a major risk for the victim and any children. It is possible to receive legal help to protect yourself and your loved ones during this time, but you may not know which options are available to you. An experienced Illinois domestic violence attorney can help you file the proper protections and paperwork in court to keep yourself and your children safe from domestic violence.
What Should I Do if Domestic Violence Is a Risk?
Domestic violence is any abusive behavior against one partner in an intimate relationship. Domestic violence is not just physical violence but any emotional, economic, or verbal abuse. It can be hard to recognize the signs of domestic violence from outside of a relationship, and some individuals may struggle with leaving an abusive relationship for fear of their safety or the safety of their children and pets.
When Is a Prenuptial Agreement a Good Idea?
Prenuptial agreements are sometimes a controversial topic, but these agreements help you and your spouse decide important things before marriage. A prenuptial agreement may be utilized in the case of a divorce, and they do have some critical pros and cons to pay attention to.
An experienced Illinois divorce attorney can help you understand your prenuptial agreement in the event that you and your spouse are seeking a divorce.
What Is Included in a Prenuptial Agreement?
Prenuptial agreements are agreements that spouses make before marriage about certain assets, businesses, debts, and property. Prenuptial agreements, also known as premarital agreements under the Illinois Uniform Premarital Agreement Act, have historically been used to protect wealth. Still, they are becoming more popular for many couples wishing to agree upon finances, assets, and marital responsibilities.
A wide variety of things can be included in your prenuptial agreement. However, you cannot include items such as child support or child custody agreements. Speak with your legal counsel when creating your prenuptial agreement with your spouse if you have any concerns about what to include.
What is a No-Fault Divorce?
Divorce is a complex process, and all of the parties involved in a divorce may find it stressful. A no-fault divorce is one that is generally uncontested, and a no-fault divorce in Illinois must meet a few qualifications. If you seek a divorce from your spouse, securing experienced representation from an Illinois divorce lawyer is essential to ensure your divorce is decided fairly.
Do I Need to Prove Anything for My No-Fault Divorce?
Before Illinois became a ‘no-fault divorce’ state in 2016, with additions to the Illinois Marriage and Dissolution of Marriage Act, spouses seeking a divorce would need to prove that the other party was ‘at fault’ for the divorce through an act such as adultery, abandonment, or substance abuse.
What Makes a Child Custody Case Difficult?
Divorce can be a messy process, and there are many factors to navigate, including child support, spousal support, and child custody or parenting agreements. A child custody case can be made more difficult when one parent refuses to reach an agreement with the other or one parent accuses the other of being unfit. An Illinois child custody lawyer can help you navigate child custody and reach a parenting agreement that keeps your child’s best interests in mind.
Understanding Illinois Child Custody Law
Child custody agreements fall under the category of family law, and the Illinois Marriage and Dissolution of Marriage Act governs most of the matters you will deal with when proceeding through a divorce and settling on a child custody agreement.
How Do I Obtain an Illinois Order of Protection?
For victims of domestic violence or abuse, an order of protection is a step towards safety and provides them the security needed to exit a dangerous situation. An Illinois domestic violence lawyer can help you file for a temporary order of protection to ensure your immediate safety before guiding you through the process for a more long-term solution.
What Is an Order of Protection?
These orders are court documents that are intended to keep an individual safe from an abuser or another individual who presents a safety risk.
In Illinois, there are four different types of orders of protection. You must file for the correct order for your situation:
- An order of protection is used for a situation where the victim has a relationship with the abuser, such as a spouse or family member.
- A civil no-contact order is used when a victim is sexually assaulted and has no relationship with the abuser.
What is a Spousal Support Agreement?
Dealing with a divorce is stressful, and there are often many different elements of a divorce that need to be decided, such as property divisions, child custody agreements, and spousal support. Spousal support agreements are intended to financially support a spouse who may have given up a career or other opportunities to work around the home.
Navigating a spousal support agreement is complex, and the assistance of a seasoned Illinois lawyer helps you understand the spousal support options available in your specific divorce situation so you don’t have to deal with the stress of figuring this out alone.
Is Spousal Support the Same as Alimony?
Spousal support is the same as alimony, a more outdated term. Typically, alimony is associated with a male partner supporting a female partner after divorce. However, either partner may be awarded alimony depending on the specifics of the divorce.
How Can I Protect Military Benefits in a Divorce?
Going through a divorce is like navigating a stormy sea, filled with emotional turbulence and financial challenges. The unraveling of what was once a shared vision of the future introduces a wave of uncertainties, particularly in the realm of finances. It goes beyond the immediate concerns of possibly drastic changes in monthly income and for some people, military benefits for spouses. The journey becomes even more intricate due to the notable divorce rate among military couples, where an estimated 20,000 divorces occur annually. If you are a military spouse it is important that you understand the complexities of not only ending a marriage but also the intricacies of military-related benefits. You need a skilled divorce Illinois attorney to help you sort it all out.
How Are Military Pensions Divided?
When it comes to splitting military pensions during a divorce in Illinois, it is different from regular pensions. It depends on where you file for a military divorce. In Illinois, the state can only decide how the military pension gets divided if:
Is a Prenuptial Agreement a Good Idea?
The future is unpredictable, therefore, prenuptial and postnuptial agreements empower couples to plan for various scenarios. Ultimately, whether a prenup is a good idea depends on the specific needs and priorities of the individuals involved. It is a personal decision that should be made with careful consideration and, ideally, with open and honest communication between partners. You should consult with an Illinois family law attorney who can provide valuable insights into the legal implications of a prenup and help ensure that the agreement is fair and enforceable.
How Do Prenuptial and Postnuptial Agreements Differ?
Marital agreements help provide clarity and set terms for financial matters in the event of a divorce, but the timing and circumstances surrounding their creation vary in the following ways:
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