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A prenuptial agreement is probably the last thing you want to think about when you are planning a romantic wedding, but it is a smart approach for many couples starting a life together. A prenup is a way for couples to decide certain issues for themselves, rather than relying on divorce laws that may result in an unbalanced situation.
The common presumption is that prenuptial agreements are intended to protect the “richer” spouse, but there are a number of reasons why these agreements benefit both parties. Consult with a DuPage County prenuptial lawyer about how a prenup would work for you and your partner.
Bring Everything to the Table
Both spouses will bring income, assets, and liabilities to the marriage. The process of arranging a prenuptial agreement requires each person to put everything on the table, and there are penalties under Illinois law on prenuptial agreements if someone intentionally omits critical financial details. With full disclosure, there are no surprises months or years into the union. Plus, the exercise of providing financial data is an important step for couples because it ensures the spouses are planning their financial future together.
While typically a minor is under his or her parent's’ care and control until the age of 18, there may be some circumstances where it makes sense for a minor to be legally emancipated before this age. If you need to know more about emancipation, you should contact a knowledgeable family law attorney to answer any of your questions.
Emancipation
In Illinois, emancipation is governed by the Emancipation of Minors Act. Most children are under the control of their parents until they are 18. However, some 16 or 17-year-olds can get a special judicial order that legally emancipates them from their parents.
Emancipation is for “mature minors” ages 16 and 17. It allows them to legally live away from their parents and, for the most part, be treated like an adult. Emancipated minors are legally allowed to enter into contracts, rent apartments, apply for certain government programs, and make their own decisions about where they live and go to school.
If you are considering or are in the process of divorce, you may be overwhelmed with the actions you must perform. However, you do not need to do it all alone; there are professionals and experts who can help you throughout each step of the process. Moreover, a skilled divorce attorney can help you to identify the types of professionals that will be beneficial for your circumstances.
Valuation Experts
Valuation experts can be some of the most important experts hired during a divorce. A large part of the divorce process is dividing assets between spouses. However, before you can divide assets you need to know how much they are worth.
For many assets, their worth is relatively clear—items such as stocks or bank accounts have an easily discernible value. Yet with other assets, especially if one or both spouses own a business, a valuation expert is needed to make sure that the value of the business is accurately understood.
While it may be difficult, it is important for both parents of a child to support the child’s relationship with his or her other parent. Not only is it important for the child’s emotional well-being, but the court will insist on it as a part of allowing the child to live with one of the parents.
Both the Illinois Marriage and Dissolution of Marriage Act and recent case law underscore the importance of the residential parent maintaining this relationship. Of course, if abuse or other unsafe conditions existed, the situation may be different. However, if both parents are fit, facilitating a relationship between the other parent and your child may be an explicit or implicit requirement of the court ordered parenting plan.
If you are worried that the other parent may be interfering with your relationship with your child, you should contact a skilled parenting time attorney to help you exercise your rights to a positive relationship.
When a woman gives birth, she may or may not know who is the father of the child. Even if the mother knows who the father of the child is, the father may dispute this. Further, the law makes assumptions about the paternity of the child in some cases and if this is not correct, then legal action may need to be taken to set the record straight.
No matter what the situation is, it is extremely beneficial to the child to make sure that paternity is established at some point. If you have questions about the paternity process, or need help establishing paternity, you should contact a knowledgeable paternity lawyer to help you with the process.
Benefits of Establishing Paternity
There are several benefits to establishing paternity, especially for a child. Establishing paternity allows a child, and his or her other parent, to have the right to child support. Establishing paternity may also allow the child to be covered under any health insurance plan that the father has. Moreover, paternity gives a child the right to inheritance from the father, the right to Social Security benefits, the right to life insurance benefits, and the right to veterans benefits if applicable.
Dividing property can be a very stressful part of a divorce. There may be some items of sentimental value to you that you want to keep, and there are certain steps you can take to make sure that you hold on to property that is important to you in case of a divorce. If you are considering divorce and want to protect certain property, you should contact a skilled property division attorney to find out the best way to make sure your assets are protected in a divorce.
Prenuptial Agreement
One of the best ways to make sure that property with sentimental value is protected in the event of a divorce is to include it in a prenuptial agreement. If you are already married, you can draw up a postnuptial agreement that addresses the property for which you are concerned. However, even if you do not have a prenuptial or postnuptial agreement, there are other ways to protect the property.
It is every parent’s worst nightmare: you receive a knock on the door and the Illinois Department of Child and Family Services (DCFS) is there to investigate a call of child abuse and neglect. In order to protect children, DCFS takes reports of suspected child abuse and neglect very seriously and will investigate any credible reports. However, just because DCFS is called does not necessarily mean that there is abuse or neglect taking place. Still, it is their job to investigate credible reports. If you are accused of child abuse or neglect, you should contact a knowledgeable DCFS hearing attorney.
Definition of Child Abuse
The Illinois Abused and Neglected Child Reporting Act defines child abuse as when a parent, immediate family member, anyone else residing in the house with the child, or any person who is responsible for the welfare of the child inflicts physical injury on a child or allows physical injury to be inflicted on a child. This injury must cause death, disfigurement, loss of a body part, impairment of a body part, or impairment of physical or emotional health. There is a specific exception in the statute for accidents. It is also child abuse to create a substantial risk of these kinds of injuries happening to a child. Child abuse also includes excessive corporal punishment.
At the beginning of the year, Illinois family law made several changes to the way it divides up parenting time, formerly known as visitation, and parenting responsibilities, formerly known as custody. While parenting time is somewhat straightforward—it has to do with when each parent has time with the children—parental responsibility can be a little more tricky.
If you are in the process of a divorce or are trying to figure out a new parenting plan, you should contact knowledgeable child custody attorneys to help you understand all the options you have for sharing or dividing up these responsibilities.
Parenting Responsibilities
In order to get a divorce in Illinois when children are involved, you need to create and agree to a parenting plan with the other parent. If not, the judge will decide the provisions of the plan. A parenting plan divides up parenting time and parenting responsibilities. Different parental responsibilities are allocated to each or both parents, and parenting responsibilities can also include parenting time. Besides parenting time, the allocation of parental responsibilities also includes dividing up significant decision making responsibilities.
If you are thinking about a divorce, you may be wondering how much time you will be able to spend with your child. In Illinois, this is referred to as “parenting time.” How much time you will have with your child is extremely fact specific, though there are some general guidelines that the court will take into account.
For a more specific analysis that takes into account your specific circumstances, you should contact a knowledgeable parenting time attorney.
Best Interest of the Child
The standard used by the Illinois family court to make most decisions looks at the best interest of the child. The Illinois Marriage and Dissolution of Marriage Act list several factors that are considered to decide what is in the best interests of the child. These factors include:
Guardians are people who are appointed by the court to manage the affairs of someone else, known as the “ward.” Guardianship is often misunderstood, though there are specific circumstances where a guardianship may be warranted and defined processes as to how a guardianship can be put into place. If you think that a loved one may benefit from a guardianship, you should speak to a skilled guardianship attorney who can help you with the process.
Circumstances Where a Guardian May be Appointed
Most adults can take care of their own affairs and therefore will not need a guardian. However, there are certain circumstances where an adult is unable to make his or her own decisions, such as when there is mental illness, mental deterioration, physical incapacity, or a developmental disability. Though just because someone may have a mental health or developmental disability does not automatically mean he or she cannot make his or her own decisions and handle his or her own affairs. It is only when an adult is so incapacitated that he or she cannot make responsible decisions that a guardianship may be appropriate.
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