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Options to resolve child custody issues

Illinois parents who are going through a divorce will need to determine how to handle child custody. While it would be ideal for both spouses to always agree on how to co-parent their children after a divorce, this is not always the case. When differences do arise, there are several options available to the couple.

Deciding who gets the house in a divorce

Illinois couples who are getting a divorce may need to think about what they will do with the family home. If they are not able to come to an agreement on the issue, a judge may make the decision, and the couple may have no recourse. A judge might decide to give the home to one person and a retirement account to the other. While the person who gets the home might be happy with this decision, it might not be the best outcome financially due to the cost of maintaining the home.

Prenuptial agreements should address basic issues

Illinois couples who are excited about their upcoming marriage might not want to discuss a future divorce, but good reasons for establishing protections with a prenuptial agreement exist. Common motivations for creating contract terms if the relationship dissolves include different levels of wealth and debt between the partners, property ownership and citizenship. When people decide to negotiate a prenuptial agreement, they should make decisions about assets, spousal support and estate distributions in the event of death.

Why work with an experienced attorney in divorce? P.2

Last time, we began looking at a smartphone app marketed as helping those considering divorce to cut out the involvement of attorneys in the early stages of divorce, which is sometimes called divorce planning. Without actually taking a look at the app and seeing the features of the program and the kind of advice and direction it is giving, it is hard to make judgments about it.

Why work with an experienced attorney in divorce? P.1

A do-it-yourself approach can work for some people for some things. Maybe you want to add a deck to your home, or do some landscaping, or remodel your bathroom. Maybe you want to build a homemade outrigger for your kayak or make your own organic toothpaste. Taking the DIY route for such matters can work out well for some, particularly when the risk of loss, injury or failure isn’t that significant and the individual contemplating the project is reasonably competent or capable.

Looking at the rules governing premarital agreements, P.2

In our previous post, we began looking at some of legal rules governing prenuptial agreements here in Illinois. As we noted, prenuptial agreements must be set forth in writing and signed by both parties. We also pointed out that premarital agreements may not deal with certain matters, but that there are a lot of possibilities in terms of what couples are allowed to address.

Looking at the rules governing premarital agreements, P.1

Last time, we looked briefly at some of the factors Illinois courts consider in the division of property. As we noted, courts do take into account the terms of any marital or premarital agreements dealing with property matters. Such agreements, of course, are quite common among celebrities and the wealthy, but they can also be useful for those of more modest wealth.

Property division in Illinois—looking at the general approach

Last time, we spoke briefly about several of the most important issues for couples as they contemplate the decision to file for divorce. As we noted, some of these factors are more subjective, such as happiness and love. Other factors involve more objective considerations, as is the case with division of property and child custody, which must also be considered in divorce.

What issues are the most important in divorce?

Anybody who has been through the divorce process knows it is a big decision, and one that needs to be carefully thought through. Different couples, of course, have different circumstances and have to think and work through the process according to their own situation, but there are certain issues that have are critical to consider before filing for divorce, as well as certain issues that are very important to the decision.

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