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Do I Need a Prenuptial Agreement?
Many people are under the mistaken impression that prenuptial agreements, or “prenups,” are only for people who enter into a marriage with significant personal assets, or who stand to inherit substantial assets at a later date. While it certainly is the case that wealthy people often use prenuptial agreements to protect assets in the event of a divorce, these types of agreements can also greatly benefit people who may have more modest means. For this reason, it is very important for anyone considering getting married to discuss how a prenuptial agreement may be able to help them with an experienced lawyer.
How can prenups be beneficial? Future spouses will find that a prenuptial agreement can provide a host of different benefits.
Help avoid costly disputes in the event your marriage ends in divorce. Divorce can result in significant disputes regarding the way in which assets will be divided and whether either party will be entitled to maintenance (alimony). In the absence of an agreement, Illinois law controls the division of assets and maintenance, which may result in an arrangement that is not to your liking. In many cases, litigating these issues or even resolving them through alternative dispute resolution techniques can be extremely time-consuming and costly. By agreeing to the way these matters will be resolved via a prenup, both parties can save the expense of a dispute in the event of divorce.
Child Support Complications for Unmarried Parents
Determining child support payments can be a difficult task—one that is further complicated for unmarried parents. Compared to more “traditional cases”, unmarried parents have many unique considerations to keep in mind when determining visitation rights, paternity, and child support.
Illinois Laws Regarding Child Support
Paying child support is a legal obligation, regardless of marital status. Non-custodial parents are required to continue to make child support payments until the minor child reaches age 18. If the child, upon turning 18, is still a full-time high school student and unmarried, the child support continues till they turn 19.
In Illinois, failure to pay can lead to a number of consequences including jail, community service, wage garnishment, fines, and other penalties. The state typically reserves criminal punishment for parents who willfully do not pay child support for periods longer than six months or have outstanding back payments greater than $10,000.
Marsy’s Law: Updated Rights of Crime Victims and Witnesses
October was Domestic Violence Awareness Month. In Illinois, state representatives have taken notice by drafting and implementing new survivor-oriented legislation to help make it easier for survivors of domestic violence and abuse to protect themselves, their family, and to hopefully eradicate themselves from a bad situation.
House Bill 1121 was passed in August of 2015 and amends the Rights of Crime Victims and Witnesses Act, with the addition of Marsy’s Law. Marsy’s Law was origni an initiative in California, but has been a part of a nationwide movement to assert greater Constitutional rights of victims in the criminal justice process. In Illinois in May 2015, the Illinois Senate passed Marsy’s law with an unanimous vote.
Marsy’s Law in Illinois
Marsy’s Law in Illinois provides the following rights to victims of crime:
Getting Ready to Testify Under Oath
When considering filing for divorce, many people get nervous about when they think about the possibility of having to testify in court. While most divorce cases settle long before trial, testifying as part of the divorce case may be required.
When You May Have to Testify
There are typically three occasions when you may have to testify in a divorce case and they include the following:
- At a final trial;
- During a hearing; and
- At a deposition.
Each of these occasions operates slightly differently. However, no matter when you testify, you will be placed under oath.
Your Obligations
As part of any legal proceeding you always have a duty to tell the court the truth. When you are called to testify and placed under oath, you are under some additional obligations—you do have to answer the questions you are asked, no matter how uncomfortable, unless your lawyer objects and the judge sustains the objection or unless you would incriminate yourself if you answered the question.
Do We Need a Cohabitation Agreement?
Many couples decide to live together without getting married—one partner may have already divorced and does not want to remarry. When couples decide to cohabitate, there are several legal and financial decisions that the couple needs to decide.
Illinois marriage law gives spouses certain rights, and if a cohabiting couple wants similar rights, they must establish these rights through a cohabitation agreement. A cohabitation agreement can help you and your partner decide what happens during your relationship and if it ends.
Why Would We Need a Cohabitation Agreement?
When you move in with your partner, you may not consider what might happen if you separate. However, you may want to protect your assets or leave instructions should something happen to you or your partner. Furthermore, Illinois does not recognize common law marriage. Therefore, no matter how long you have lived with your partner, if you do not have a cohabitation agreement, you will not have any legal rights to the assets you have acquired with your partner or make decisions on his or her behalf if he or she is incapacitated.
Terminating Child Support in Illinois
If you and your spouse decide to separate and you have children, then you must collectively make decisions regarding co-parenting and custody. As part of the decision, one of the parents may take on the responsibility of providing child support to the parent who has greater parental responsibility for the child. Under Illinois law, child support is determined by using a formula that calculates support as a percentage of the supporting parent’s net income. The exact percentage depends of the total number of children the parents have together.
When is Terminating Child Support Legal?
Once a court orders child support, the order is in effect until the court or other significant events terminate the order. Scenarios in which child support may be terminated including the following:
- The child is 18 years old: most often child support will end on the child’s 18th birthday. The child’s parent can request an extension of support until the child graduates high school or until the child is 19 years old; or
Using a Mediator to Help Your Divorce
Divorce is most often an emotionally charged process for everyone involved. Former spouses may get caught in disputes and arguments during a divorce that can prolong divorce proceedings and make the process difficult for both parties. When this happens, it may be useful for a trained mediator to help the parties come to an agreement about their divorce.
If you and your spouse seem to be stuck at an impasse in your divorce, you may wish to consider mediation as a possibility to assist you in separating from one another.
What is Mediation?
During mediation, you and your spouse will develop your own divorce settlement. But rather than doing it alone, you work with a third party trained to help you both stay on track. Mediators do not take sides in the dispute; instead, the mediator makes suggestions during the process that are designed to help you and your spouse develop solutions.
The Trouble with Parental Alienation Allegations
Parental alienation occurs when one parent uses his or her influence to manipulate a child’s opinion of his or her other parent. Typically one parent convinces the child that he or she is the good parent and that the other parent is bad, or even evil. Sadly, these types of cases are common. When judges suspect parental alienation, it can drastically alter the way the court decides parenting time and custody.
Signs of Parental Alienation
There is a wide range of behaviors that may point to one parent trying to alienate his or her child from the other parent. Classic signs include the following:
- Frequently sabotaging visits or refusing visits all together;
- Failing to keep the other parent informed about activities in which the child is involved;
- Interfering with telephone, text, or email contact with the other parent;
Grandchildren of Divorce
Often times divorcing couples focus on ensuring that they continue to cultivate strong relationships with their children during and after a divorce. They work with the courts and their lawyers to carefully develop parenting and timesharing plans. However, there is another important relationship that may be negatively impacted by divorce: the grandparent and grandchild relationship.
A divorce rearranges the relationship between the divorcing couple and may also dissolve the relationship between the divorcing spouse and his or her in-laws. A divorce may leave the bad feelings between former in-laws and ex-spouses. Oftentimes, the negative feelings that may develop during a divorce are expressed, intentionally or unintentionally, when grandparents interact with their grandchild. It is important that ex-spouses maintain cordial relationships with each other and it is also important for grandparents to respect their former daughter or son-in law for the benefit of their grandchildren.
Pet Placement: Who Gets the Family Pet After Divorce?
Deciding to divorce is difficult decision. Once a couple makes the decision to separate there are many stressful decisions to make as the divorce process moves along. Pets and companion animals can make the process easier for many people. It should not be surprising that deciding who gets to keep a pet is a common issue in divorce disputes.
The Law Views Family Pets as Property
Pets play a key role in the lives of many people and many of those people will also go through a divorce. This means that courts will decide who gets ownership of the pet when the couple divorces. The law views pets as property. Of course, pets mean a lot more to their owners than just property. However, in a courtroom, pets are treated similar to a record collection or heirloom jewelry. A court may never need to decide who gets ownership of the pet if both spouses agree who will keep it.
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