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When a prenuptial agreement you signed years ago no longer represents your wishes, you may be able to challenge it during the divorce process. The terms may be outdated and no longer fair under your current circumstances, making it unreasonable to enforce the contract. If you are concerned that your prenup will result in an undesirable divorce decree, an experienced Wheaton, IL prenuptial agreement attorney may be able to help.
A prenuptial agreement is supposed to make the divorce process easier, but when the terms are no longer appropriate, it should be contested. First, you need to meet with an attorney who will go over the contract with you. Even if the prenup is well-drafted and legally binding, your lawyer may be able to find ways that it is unenforceable. Some common reasons that the court may not honor a prenup include:
Parents all over Illinois rely on child support payments to help them provide their children with necessities. When a parent defaults on payments, Illinois law allows you to seek help in enforcing the support order. Consider the primary methods used to force a non-custodial parent to comply with a child support order before talking to an experienced Wheaton, IL child support attorney about the details of your case.
The Division of Child Support Services (DCSS) from the Illinois Department of Healthcare and Family Services typically handles the enforcement of child support orders. The mechanisms used to enforce a support order can be activated any time after the non-custodial parent misses a court-ordered payment. Some ways to enforce payment include:
Sometimes, a judge will require a couple to go through the mediation process during divorce in Illinois. Mediation is helpful for many reasons, including offering a less expensive and faster option for divorce proceedings than the litigation process. For many couples, having a neutral party walk through critical elements of divorce with them alleviates a significant amount of stress. After speaking to a Wheaton, IL divorce attorney about the benefits, you may decide to attempt the mediation process without a court order.
According to Illinois law, a judge must require parents to undergo mediation if they cannot agree on a parenting plan as part of their divorce or if they have not been able to agree on modifying or enforcing an existing parenting plan. Therefore, if you have children and you and your co-parent disagree on the terms of the allocation of parental responsibilities, including decision-making obligations and parenting time, the court may require you to work together in mediation with a neutral third party to try to reach a compromise. According to statute 750 ILCS 5/602.10, the only time a judge would likely refrain from ordering mediation would be if there are impediments to the process.
In a divorce, the property division can quickly become one of the most difficult issues to resolve, especially when one spouse claims that certain money or assets should not be shared. Under Illinois law, not all property is automatically considered marital. Some assets are treated as separate or non-marital property, and they generally remain with the original owner. But proving this can be more complicated than many people expect.
If you believe that some of your money should not be divided during your divorce, it is important to understand how separate property is defined, how it can become commingled, and what kind of documentation can help you protect it. At Davi Law Group, our Wheaton, IL divorce attorney can help you do exactly that.
Under the Illinois Marriage and Dissolution of Marriage Act, separate property is generally anything acquired before the marriage or received individually during the marriage by gift or inheritance. This includes money, investments, real estate, gifts, and personal injury settlements, just to name a few. These assets are not subject to equitable distribution unless they become commingled with marital funds.
Deciding to file for divorce is one of the most difficult and personal choices a person can make. Whether your marriage has slowly unraveled or reached a sudden breaking point, preparing before you file can make a significant difference in the process ahead. Taking practical steps early on can protect your interests and reduce the emotional and financial strain of divorce.
At our family law office, we guide clients throughout DuPage County through every stage of the divorce process, beginning with thoughtful preparation. Our Wheaton, IL divorce attorney offers free consultations to help you understand your options and make informed decisions from the very beginning.
Many people feel overwhelmed by the uncertainty that comes with divorce. Taking these five proactive steps can help bring clarity and direction:
Hearing that your spouse wants a divorce can be heartbreaking, especially if you believe your marriage still has a chance. In Illinois, many people wonder whether they can stop a divorce from happening simply because they do not agree with it. Unfortunately, under Illinois law, you cannot prevent your spouse from obtaining a divorce — but you still have important rights and opportunities to protect your interests. Our Wheaton divorce lawyer can help you understand your options and how to move forward during this difficult time.
Illinois is a no-fault divorce state, which means a spouse does not need to prove that the other did something wrong to file for divorce. The only ground for divorce in Illinois is irreconcilable differences, which is a complex way of a very simple idea: The marriage has reached the point where the couple cannot repair it.
You want a fresh start after your Illinois divorce and to relocate to another city with your child. Is it allowed? Possibly, but when a parent wishes to relocate with their minor child after divorce, they must follow state guidelines to ensure the move is in the child's best interests.
An Illinois divorce attorney at Davi Law Group can assist with filing your relocation request with the family court and avoiding common pitfalls. They can also help with contesting your ex-spouse’s proposed relocation plans. We know what the judge will review to make their decision and will maximize your chances of a favorable relocation decision outcome.
Illinois law has been updated recently with new parameters that the courts consider when determining whether to approve petitions for parental relocations. The Illinois Marriage and Dissolution of Marriage Act states that a parental relocation by a parent with a minor child is:
Easily one of the most challenging aspects of divorce is the child custody process. If you separate when your children are small, much can change from the date of the initial order until your child reaches adulthood. For this reason, Illinois family courts recognize that custody modification is sometimes necessary, and your child’s preferences can be a strong consideration in the modification process. A Wheaton, IL child custody lawyer can help you file a petition and build a strong case for the changes you plan to request.
In Illinois, a child’s wishes play a crucial role in custody agreements, but the state's rules for the allocation of parental responsibilities mandate that the best interests of the child are the main priority. This means that a child’s preference, while sometimes taken into consideration, is often not weighed heavily into the final decision.
Spousal maintenance, commonly known as alimony, is money that one spouse is ordered to pay the other during or after a divorce. Maintenance is not automatic. Courts decide whether a spouse will pay it to the other, and how much it will be, based on several factors detailed below.
Do you have questions about spousal maintenance? Our dedicated Illinois family law attorneys regularly handle spousal maintenance matters and always seek the most equitable and workable solutions. We can answer all of your spousal maintenance questions during a free consultation.
Illinois courts consider whether one party should receive spousal maintenance by reviewing the factors listed in the Illinois Marriage and Dissolution of Marriage Act. Important factors include:
There are many good reasons to have a prenuptial or postnuptial agreement. Even though such an agreement is often portrayed as being "unromantic," far from implying that the marriage is doomed, it is actually a smart financial move. Couples that are marrying for a second or third time may need a prenuptial agreement even more because they may each have children from prior marriages, making financial issues more complex.
Far from being only useful for the super-rich, a well-written prenuptial agreement can offer clarity in a relationship while facilitating communication regarding financial expectations. In the state of Illinois, specific criteria must be met for a prenuptial agreement to be considered legal and binding. Because of this, it is never a good idea to prepare your own DIY prenuptial agreement. To ensure your agreement does exactly what you intend it to do, speak to a knowledgeable Wheaton, IL family law attorney.
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