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Three Reasons That a Prenuptial Agreement May Be Unenforceable
When couples sign a prenuptial agreement, they expect that it will be enforced by an Illinois court in the event of a divorce. However, there are circumstances when a prenuptial agreement will be unenforceable. A court views a prenuptial agreement just like any other contract, and there are times when it can be thrown out entirely. You should always get help from an experienced prenuptial agreements attorney before signing the agreement. Here are some reasons that a prenuptial or premarital agreement may be unenforceable.
The Agreement Is Lopsided in Favor of One Spouse
Any contract cannot be unconscionably skewed in favor of one party. If the terms of the prenuptial agreement are grossly unbalanced, the court may view the contract as unfair and set it aside. It is crucial when negotiating an agreement to try to be fair and reasonable. If the deal seems “too good,” it may not be upheld in the event of divorce in the future.
What Should I Do If I Was Accused of Child Abuse or Neglect By the DCFS?
The Illinois Department of Children and Family Services (DCFS) investigates allegations of child abuse or neglect in Illinois. Anybody from a neighbor to a child's teacher may report suspicions of abuse or neglect to the DCFS.
If you have been accused of neglecting or abusing your child, you may feel shocked and dismayed. For parents, few things are as devastating as being accused of harming your own child. Furthermore, the DCFS has the right to remove a child from your home if there is evidence that the child is in immediate danger, and a DCFS investigation can have long-term implications regardless of the outcome of the investigation.
Contact an Attorney for Personalized Guidance
DCFS investigators are not police officers, and being investigated for possible child abuse or neglect by the DCFS is not the same as being charged with a crime. However, individuals who are being investigated by the DCFS still have the right to an attorney. It is best to contact an attorney with experience in DCFS matters as soon as possible. Your attorney can provide personalized guidance and help you handle the situation.
5 Things That Happen When Paternity is Officially Established
Parentage refers to the legal parent-child relationship, and paternity specifically refers to the father-child relationship. When a married couple has a child together, the mother's husband is assumed to be the legal father, and he does not need to take additional action to confirm paternity. However, for unmarried parents or situations in which a child's father is unknown or uncertain, Paternity will need to be established through a Voluntary Acknowledgment of Paternity, an administrative process, or a court order.
The Father Can Put His Name on the Child’s Birth Certificate
Some people think that signing the birth certificate is the same thing as establishing paternity. However, signing the birth certificate will be meaningless unless paternity is established. Once the appropriate steps are taken to establish paternity, the father can add his name to the birth certificate.
The Father Can Petition the Court for Parenting Time and Parental Responsibilities
What is a Default Judgment in an Illinois Divorce Case?
Officially ending a marriage involves addressing several significant issues. Divorcing spouses will need to identify what property is included in the marital state and determine an equitable distribution of the marital property. Marital property can involve real estate, vehicles, personal property, bank account balances, retirement assets, and much more. If the couple had children, they will be asked to create a parenting plan describing how they will handle parenting responsibilities and supervision of their children. Child support and spousal support arrangements may also be a crucial issues in a divorce.
In a typical divorce case, both spouses have the opportunity to make their voices heard regarding these issues. If the spouses can negotiate an agreement about the issues, their agreement will be formalized in the final divorce decree. If the spouses cannot reach an agreement, the court makes a determination on the disputed issues.
Mediation for Child Custody Disputes in DuPage County
Disagreements about child custody issues, including the allocation of parental responsibilities, the parenting time schedule, parental relocations, and other matters, can be intense. Parents tend to have strong feelings about legal matters involving their children, and understandably so.
Mediation offers an alternative to litigation through the court. During child custody mediation, the parents or other involved parties discuss their differences and work toward a solution. Many people find that the mediation process is an effective tool for resolving conflicts without the stress, expense, and conflict involved in litigation.
What Happens During Mediation?
The mediation process varies from case to case. However, mediation typically begins with the parties sitting down with the mediator and identifying the disputed issues. Parties will also identify any issues they agree on, helping them start the mediation process on a positive note.
Potential Pitfalls of a DIY Divorce
When a spouse considering divorce starts to do some research online, they may be bombarded with “do it yourself” divorce services. These DIY divorce programs claim to provide an easy way to fill out divorce paperwork and end your marriage without needing to consult with a lawyer. Unfortunately, as with most things in life, if it seems too good to be true, it probably is. Many spouses assume that these services will meet their needs, only to realize halfway through the divorce process that they are even more lost and confused than they were before they started.
Although there are no laws requiring a divorcing spouse to work with an attorney, consulting with a lawyer is generally recommended - especially if a divorce case involves children, complicated finances, business ownership, or significant conflict. Read on to learn about the disadvantages of DIY divorce services and compelling reasons to consider working directly with an attorney during your divorce.
Co-Parenting After a Divorce: Is Birdnesting Right for You?
For divorcing parents, deciding how to handle the allocation of parenting time and responsibilities can be one of the hardest parts of the divorce. Both parents may have their own unique ideas about what is best for their children and these ideas may not always coincide. Many parents are worried about the psychological effect of the divorce on their children. They may worry about how their children will adjust to living in two different homes or moving to a new residence. Parents may also be concerned about their ability to transport their children between the two homes while ensuring that they get to school on time, attend extracurricular activities, and enjoy time with friends and extended family members.
One possible solution to this is “birdnesting.” In this arrangement, the children stay in one home while the parents take turns living in the home with the children. This co-parenting arrangement is not possible or appropriate in every situation, but it is an option to consider.
What Are the Consequences of Establishing Paternity or Parentage?
Paternity, or the gender-neutral term, parentage, refers to the legal parent-child relationship. When paternity or parentage is established, the parent gains important rights and responsibilities. Paternity is presumed by the court when a married couple has a child, so paternity is most commonly a concern when unmarried parents have a child together.
If you are a mother or father or soon will be, it is important to understand how establishing paternity influences family law concerns such as child custody and child support.
How to Establish Paternity in Illinois
In Illinois, the easiest way for an unmarried couple to establish paternity is to sign a Voluntary Acknowledgement of Paternity. This document can be completed at the hospital when the child is born. Once the parents complete and notarize the form, paternity will be established for all purposes in Illinois. If either parent later has doubts about the paternity, he or she has 60 days to contest it. Paternity can also be established through an administrative or judicial process.
Can You Get Alimony or Spousal Maintenance in Illinois?
Divorce can have a massive financial impact on a person so it is understandable that many divorcing spouses have questions about spousal support or alimony. In Illinois law, spousal support is referred to as spousal maintenance. In many cases, divorcing spouses negotiate a spousal maintenance arrangement. However, if they cannot reach an agreement, the court will decide.
Options for Getting Spousal Support
Spousal maintenance is not automatically granted in an Illinois divorce. If you have a prenuptial agreement or postnuptial agreement that entitles a spouse to maintenance, the court will typically uphold this agreement and follow the provisions within the agreement. Absent of any such agreement, spousal maintenance may be negotiated by the spouses or ordered by the court.
As with other divorce issues, divorcing spouses are encouraged to reach an agreement on spousal maintenance. Many spouses find mediation to be a useful tool when negotiating the terms of their divorce. They may also negotiate a spousal maintenance arrangement through their respective attorneys. For example, the higher-earning spouse may agree to pay spousal maintenance to the lower-earning spouse for a period of three months after the divorce.
When Does an Illinois Court Give a Parent Sole Custody?
Custody issues can be very complicated and emotionally charged. One of the factors that makes it even more complicated is that the language used to describe child custody can be complex and subject to change. Technically, there is no longer sole custody in Illinois. Instead, parents receive an allocation of the parenting time (time spent with the child) and parental responsibilities (legal custody and decision-making authority).
Parenting arrangements that allow both parents to spend time with the child and be involved in child-related decision-making are preferred by Illinois courts. However, there are situations in which the court will award all of the parental responsibilities and/or parenting time to only one parent.
The Best Interests of the Child are Paramount
Illinois courts assume that both of a child’s parents are capable of providing safe, loving care and protection of a child. Sadly, however, this is not always the case. If a court sees that it is in the child’s best interests not to be in the care of one parent, the custody determinations may limit this parent's access to the child. Courts may also favor one parent over the other if a parent is unable to provide proper care for the child due to drug addiction, mental illness, or other life circumstances.
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