Prenuptial Agreements: A Taboo Topic

 Posted on March 18, 2014 in Prenuptial and Postnuptial Agreements

Often times, when two people in love are engaged and planning a wedding, planning for a possible divorce is the last thing on their minds. Even if the possibility of a future divorce has crossed their minds, they will likely avoid taking the step of suggesting a prenuptial agreement as doing so may result in not only hurt feelings, but potentially a broken engagement.

 Many people simply do not want to consider the possibility of a divorce down the road when they should be focused on planning for a lifetime together. However, those in the legal field or people who have gone through a divorce may try to convince them otherwise.  Why Agree to a Prenup? Essentially, a prenup is a contract by which two parties set out the terms of a possible divorce before getting married. And, as a recent article states, doing so makes a future divorce much simpler by clarifying the terms in advance. Prenups can clearly set out property division between the parties to a divorce, the length of spousal support and maintenance, and support for any children that may have been born outside of the marriage. Likewise, if any children born prior to the marriage are named as beneficiaries of retirement accounts, a spouse can later challenge the designation unless they agree in a prenup to sign a waiver after the marriage. Prenups may also be considered as a back-up to a will, or as evidence of your intentions in the event that your will is challenged. If your prenup represents an agreement of terms to which your spouse has consented in advance, it makes the success of any future challenge to your will less likely.  Prime Customers Often, it is not young couples marrying for the first time who are concerned with securing a prenup. Rather, it is typically older couples who may have already gone through a divorce and are remarrying who make sure they have a prenuptial agreement this time around. Not only have many older people experienced the complications of divorce first-hand and lived through the emotional and financial burdens associated with the process, but later in life people usually have more to protect. There are situations in which one party has amassed great wealth over their adult years and the other is not as financially stable. A prenup is essentially for guaranteeing that those assets will be protected in the event of a divorce. Prenuptial agreements can also protect one partner from the debt of the other, or they can protect children from a previous marriage.  Preparing a Prenup There are important requirements for preparing a prenuptial agreement that must be followed in order to avoid the agreement later being challenged by one of the parties in court. The following are some notable requirements that must be followed for a valid prenup:

• Full disclosure of assets and debts possessed at the time of the agreement;

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Estate Planning: Making Your Wishes Known

 Posted on March 14, 2014 in Estate Planning

Wills and other estate planning documents can provide for the distribution of assets and the assignment of personal property to loved ones after death. Beyond that, these documents can be as personal and specific as the testator wishes. Many people may not realize the extent of the terms they can include in their will. Often times, as demonstrated by a recent article regarding a celebrity’s will, the thoughts and feelings expressed in a will are particularly trustworthy, as the testator knows they need not be concerned with repercussions at the time their wishes are made known.

Phillip Seymour Hoffman’s Feelings about Hollywood in His Will

The recent death of actor Phillip Seymour Hoffman has been present in the news since he died of an apparent drug overdose in the beginning of February of 2014. Stories covered a number of topics, ranging from his starring roles to the overarching problem of heroin addiction in the United States. Now, a media outlet is releasing a portion of his will relating to the rearing of his children.

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What if My Spouse Refuses to Leave the Marital Home?

 Posted on March 12, 2014 in Family Law

Usually, when a couple decides to divorce, one of them leaves the marital home they previously shared. However, there are times when one spouse will refuse to leave the home despite the other’s demands. In that case, the spouse requesting that the other party leave may be forced to employ Illinois law in order to have their wishes granted.

 Illinois Law

Under certain circumstances, one spouse can force another to leave the marital home. Whether one spouse can force the other out of the marital home will depend on the specific facts of the situation, and if they can prove the necessary elements before the court. Under Illinois law, one spouse can secure exclusive possession of the marital home in two different ways.

 Illinois Marriage and Dissolution of Marriage Act

One way to secure possession of the marital home is to file a petition for exclusive possession under the Illinois Marriage and Dissolution of Marriage Act. The Court may grant the petition and temporarily evict one spouse from the marital home while divorce proceedings are pending, only if the petitioning spouse sufficiently demonstrates that their own physical or mental well-being or the well-being of the children is at risk, or “jeopardized” if the spouse in question stays in the home.

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Same-Sex Marriage in Illinois

 Posted on March 07, 2014 in Family Law

The issue of same-sex marriage has been a frequent topic in the news in recent years. Both federal courts and state courts have made decisions regarding its legality over the last few years, with several states, including Illinois, deciding to make gay marriage legal and issuing marriage licenses to same-sex couples. Now, it is suggested that Illinois may start issuing marriage licenses sooner than expected.

Counties in Illinois Issuing Same-sex Marriage Licenses

This week, Champaign County in Illinois started to issue marriage licenses to same-sex couples. The decision to do so came after a federal judge in Cook County ruled that same-sex couples in that county did not have to wait until this summer to obtain a marriage license, when the new gay marriage law will take effect in the state of Illinois. Cook County was the first county to issue such licenses, and now McLean County is set to follow suit next week, making it the third county in the state to make the same decision.

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What Makes Some Couples Change Their Minds about Divorce?

 Posted on March 05, 2014 in Divorce

The statistics for the rate of divorce across the country are staggering. While different situations lead to divorce, not all couples who initially consider or plan on divorcing actually go through with it. A recent article published by USA Today examines this fact and considers what makes separated couples give marriage another shot.

Research on the Decision to Divorce

The decision to divorce is usually a hard and complicated one. It often begs the question, “Why do people decide to divorce?” and, other times, “Why do couples sometimes change their minds about getting divorced?” According to the article, new research has been done to examine these questions and shows that there is even uncertainty among those couples who have already filed for divorce.

The Economy’s Role in the Divorce Rate

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The Rights of Grandparents in Illinois

 Posted on March 03, 2014 in Visitation

In child custody matters, the child’s parents are not the only members of the family whose relationship with the child will be affected. Often times, there are extended family members on both sides who may be interested in securing time and solidifying their relationship with the child. However, under the law, only certain family members are able to petition the court to do so. Additionally, those who are eligible to petition the court will likely only get their requests granted under certain situations.

Illinois Law for Grandparent Visitation

In Illinois, grandparents have the right to seek visitation of a minor grandchild, provided that certain circumstances exist. Not only is the burden of proof for the petitioner to fulfill greater in a grandparent visitation case than in a parent visitation case, but there are also specific factors that the grandparent petitioner must meet in order for the court to award visitation with the minor grandchild.

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Study Finds Emotional Qualities of Long-Term Marriages

 Posted on February 28, 2014 in Divorce

Robert Levenson, UC Berkeley psychologist, became interested in studying marriage and divorce during the 1980’s, when he launched his longitudinal study with 156 couples in California. Levenson recruited couples from newspaper ads, public transit stations, senior centers, and churches, touching base with the couples every five years to learn about the challenges and triumphs the couples faced in their marriage.

The recorded conversations with the couples were coded for facial expressions, tones of voice, topics discussed, and body language.

Levenson found several different results from the study. He believes that couples who stayed married longer than 15 years were more likely to value and accept each other, and have given up on the pretense of trying to “change” their partners.

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Healthy Marriage Funds Have Little Impact

 Posted on February 26, 2014 in Divorce

The federal government has invested hundreds of millions of dollars into programs that are designed to promote healthy marriages, but a new study has found this spending hasn’t impacted marriage or divorce trends the way they were intended.

By the end of the fiscal year, the government will have invested $800 in the Healthy Marriage Initiative to fund multiple programs to improve relationships.

Between 2000 and 2010, marriage rates continued to decline, especially in locations where a lot of Healthy Marriage Initiative funds were used. The study, conducted by the National Center for Family and Marriage Research at Bowling Green State University, reviewed more than $600 million federal dollars spent between the same period.

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What Types of Spousal Maintenance Exist in Illinois?

 Posted on February 24, 2014 in Family Law

Spousal maintenance, also referred to as spousal support or alimony, refers to the transfer of money or assets from one spouse to another after a divorce. Spousal support exists in order to prevent a divorced spouse from suffering from a decrease in his or her standard of living due to a divorce.

It is not uncommon in marriages for one spouse to be employed and the other to be untrained or out of the workforce. After a divorce, it is very difficult for those who were not employed outside of the home during the marriage to obtain jobs that allow them to keep up with the standard of living they were used to while married.

Depending on the circumstances, a couple may choose one of three different types of spousal maintenance. The first type of spousal support is called rehabilitative maintenance. This type of support generally has a set time frame and ends when the receiving spouse is back up on his or her feet. During the set time period, the receiving spouse has a chance to adjust, return to to the job market, and establish their own financial independence. Next, we have permanent maintenance. This type of agreement, hence the name, is permanent and will only end in the event of the death of one of the previous spouses or after a certain condition arises, such as remarriage. Permanent maintenance is sometimes awarded after an exceptionally lengthy marriage or if something is stopping the receiving spouse from entering the workforce, such as a physical disability. Although maintenance is permanent, payments are not set at one sum forever and may be negotiated upward or downward over the years based on changing circumstances. The third and final form of spousal maintenance is called temporary maintenance. Traditionally, this type of support is awarded to a spouse while the divorce is pending, as a divorce can sometimes take up to a year or more to be finalized. Maintenance will end when the divorce becomes final. Spousal maintenance is not for all divorcing couples, but it is helpful to be familiar with the different options that exist. If you and your soon-to-be-ex are considering setting up a spousal support agreement, do not hesitate to contact an experienced Illinois family law attorney to assist you.

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Rebuilding Relationships After Divorce: No Laughing Matter

 Posted on February 22, 2014 in Child Custody

The “mother-in-law” has historically been the brunt of many comedic one liners. How many mothers-in-law does it take to screw in a light bulb? None – she always gets the son-in-law to do it! How many mothers-in-law does it take to ruin a marriage? - Just one, mine!

If you and your spouse are entering into divorce proceedings there is probably more involved in your decision to divorce than either of your respective mother-in-laws. It is not about light bulbs or your mother-in-law is responsible for the deterioration of your marriage. Although you may chuckle at the mother-in-law zingers, you may actually enjoy spending time with your spouse’s mother. You both just recently broke the news to your families. The silence was deafening. The wall went up. Blood is thicker than water. You have been worried and apprehensive about the upcoming divorce proceedings. Trying to keep a teary eye on the kids, meeting with your divorce attorney and struggling to maintain composure. Staying in touch with your spouse’s family members on the same level of pre-divorce kinship crosses your mind occasionally. Will the divorce automatically extinguish your relationship with your in-laws? With children involved there will likely be some type of civil exchange, but what can you do to salvage the bond you created? Time heals all wounds. Your in-laws are no different. Will the relationship weather the storm? It can. When you feel you are navigating calmer waters, take a moment and put pen to paper. This maybe the best way to reach out to begin the healing process.

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