Prenuptial agreements are often recommended by attorneys as an excellent way to protect oneself in the event of a divorce. However, it is important to understand that prenuptial agreements may be subject to invalidation if the terms are found to be unconscionable. Prenuptial agreements are not indestructible. Knowing the law surrounding the validity of a prenuptial agreement is recommended for those preparing to enter into a prenuptial agreement as well as for those seeking to find a way out of the agreement.
Depending on the situation, the attorneys involved, and the personalities of the divorcing parties, divorce proceedings can last for what can seem like ages. When the whole ordeal is finally over, it can be a huge relief. However, there are times where one (or both) parties are simply unable to live with the decision and they feel as though the judge made an error in interpreting the law. In this event, the parties have the option of appealing the decision to a higher court. Upon appeal, the case is again tried in the appellate court, and the decision of the lower court will either be affirmed or reversed.
Illinois law allows for a person to legally change his or her name either with or without the legal assistance of an attorney. For the woman who has successfully obtained a divorce, hanging on to the last name of an ex-spouse can be an unnecessary reminder of a stage in life she is trying to forget. Many times a woman will choose to drop the last name of her ex-spouse and resume her maiden name. Another common situation involving a legal name change would include a situation in which a parent desires to change the last name of her child to the last name of her new spouse in the event that the step-parent legally adopts the child. Fortunately, the process by which one can change his or her name in the State of Illinois is relatively simple. The following steps must be followed in order for one to legally change his or her name:
Headlining the most recent celebrity news magazines is the story of the split of Gwyneth Paltrow and husband, Chris Martin of Coldplay. Having been married for over a decade, and sharing two children, the couple publicly announced their split this March, referring to the split as a "conscious uncoupling." In common terminology, the couple is separating rather than divorcing. But what's the difference?
With the ease of access to legal records and official documents provided by the technological advances of this age, it is hard to imagine that one would ever have a need to question the validity of his or her marriage when filing for a divorce. However, it happens. Such a situation involving an invalid marriage is known in Illinois as a "putative marriage."
Many are surprised how long it takes to get divorced. In an effort to make getting a divorce not as time consuming two Naperville Attorneys have developed an innovative idea - "The Weekend Divorce"
In order for a couple to get a divorce in Illinois, the couple must have what is called grounds for divorce. In Illinois, establishing these grounds is not a difficult task. Illinois law provides eleven different grounds for divorce.
During a pending civil case involving the custody or visitation of minor children, a parent must request permission to remove the children to another state before doing so. This means that if the parent is offered a job in another state and they want to take their children with them they must first be granted permission for the removal.
Under Illinois law cohabitation is one way to terminate maintenance. Maintenance, formerly known as alimony, is when one spouse is required to provide financial support to the other spouse after the divorce. Under Illinois law, several events can lead to the termination of maintenance payments. Cohabitation is one of those events.