While a useful tool in protecting assets and clarifying financial obligations in case of a divorce, a prenuptial agreement does not cover all aspects of a marriage. In fact, certain matters cannot be included in a prenuptial agreement as they are considered invalid under the law. Today, we will discuss what cannot be included in a prenuptial agreement. However, if you and your spouse are interested in signing a prenup, contact a family lawyer to start the process.

Examples of What Must Be Excluded from a Prenup

While excellent tools, prenups cannot be used for everything. For example, prenups cannot be used for:

• Child custody and support - Once a child is involved, the court needs to consider the child’s best interests. Any agreement that pre-determines child custody or support would not be valid in court.
• Illegal activities – Prenuptial agreements cannot be used for or promote illegal activities. For example, an agreement cannot be made to waive child support obligations or avoid tax laws.
• Personal matters – Such as household chores or habits, would not be able to be included in a prenup. Marriage involves compromise and mutual responsibility, so while one person may not enjoy doing laundry and another may hate vacuuming, these matters are generally not considered under the jurisdiction of a prenuptial agreement. Furthermore, what a spouse’s behavior should be, their mortals, and social behavior, cannot be included in a prenup.
• Incentives for divorce – While a prenuptial agreement can indeed specify the division of assets if the couple were to divorce, it cannot provide incentives for either party to file for divorce. Any agreement with provisions encouraging or supporting divorce would not be considered enforceable in court and can even be regarded as fraudulent.

Contact a Naperville, IL Family Lawyer

Ultimately, prenuptial agreements can be an important tool in marriage planning, but there are limitations on what can be included under the law. Speaking to an experienced family law attorney can help establish which matters are not likely to be included in the prenuptial agreement. When you meet with your attorney, make sure that you clearly state what your goals are by creating a prenuptial agreement. Upon hearing what you are looking to accomplish, your family law attorney will work with you to ensure that the prenuptial agreement includes things that are appropriate and legally binding. Contact the DuPage County family law attorneys with Calabrese Associates, P.C. for legal representation. Call 630-393-3111 for a private consultation.

If you are a parent who is experiencing a situation where your ex-husband has fled the state with your child, it can be a devastating and emotionally tumultuous experience. However, it is essential to know that in this kind of situation, you have legal options available to ensure that you are able to reunite with your child and regain your rights to custody and visitation. During this frightening time, contact a family law attorney to learn more about your potential legal course of action during this time.

Here is What You Should Do Right Now

The first step you should take is to contact law enforcement as soon as possible. By reporting your ex-husband’s actions to the police, you can initiate a search for your child and file a missing child report. You should provide law enforcement with as much information as possible, including your child’s name, age, physical description, and any unique information that could help locate them. The police will then enter your child’s information into the National Crime Information Center (NCIC), which will alert law enforcement agencies nationwide.

Then, contact an experienced family law attorney as soon as possible to discuss what else you can do legally. Your attorney also is able to explain your custody and visitation rights under Illinois law and can help guide you through the process of getting your child back. They may also be able to work with law enforcement agencies to locate your child and bring them back to Illinois.

Divorce can be an emotionally, mentally, and financially grueling process, with long-long lasting consequences for both the spouses and any children that are involved. While the parties are negotiating a settlement, it is important to ensure that the two spouses preserve their existing assets. In cases where one spouse believes that the other spouse may try to hide or dissipate assets or is spending exorbitant amounts of money on non-essential items, a financial restraining order may be necessary to ensure marital funds are not recklessly spent or transferred. If you have these concerns about your spouse, consult with your divorce attorney to understand your options and decide whether pursuing a financial restraining order is appropriate at this time.

Most Important Aspects of Financial Restraining Orders

The process of seeking a financial restraining order begins by petitioning the court. Please also understand that these types of orders are not automatically granted. Essentially, a financial restraining order is a tool a court uses to prohibit either spouse from transferring or disposing of any assets during the divorce proceedings. In addition, it bars the parties from incurring any new debt unless it is for necessities, like groceries, paying bills, etc. The idea behind financial restraining orders is to protect the parties’ shared assets that might otherwise be used as leverage by either party or may disappear altogether by the dishonest actions of either spouse. With the finances “frozen,” it ensures that both spouses will have fair claims to all the marital assets while equitable distribution is being determined.

Illinois statutes specify that financial restraining orders can last as short as 30 days. This is referred to as a temporary restraining order. However, they can be elongated to ensure that marital assets are safeguarded. While the financial restraining order is in place, each party must seek the court’s approval to spend money on unnecessary items, sell any property, or unreasonably try to borrow money, among other things.

Divorce is a taxing and emotional time. Dissipating assets during divorce is not uncommon when parties may feel disadvantaged by the looming proceeding. When one spouse dissipates assets during a divorce to exercise control over the outcome of issues like property division, it is illegal. Today, we will delve deeper into what you should do if you think your spouse may be dissipating assets.

What is Dissipation of Assets?

Dissipation of assets occurs when one spouse spends marital funds or assets for purposes unrelated to the marriage. This can include gambling, unnecessary expenses beyond reasonable requirements to maintain a particular lifestyle, making investments irrelevant to the marriage, or spending money to support an extramarital affair.

What to Do if You Suspect Asset Dissipation

Here is what to do if you think your spouse is dissipating assets, including:

If you and your spouse agree on all issues related to your divorce, such as child custody, property division, and spousal support, you may be wondering if you still need to hire a divorce attorney. While it may seem like a straightforward process, there are several reasons why it is still recommended to hire an attorney, even if you are in agreement. Today, we will discuss why it is essential to hire a divorce attorney regardless of whether you and your spouse agree on all the issues.

Why Hiring an Attorney is Important

Firstly, an attorney can help guide you through the legal process and ensure that all necessary paperwork is filed correctly and promptly. Even if you and your spouse have reached an agreement, legal procedures must be followed to finalize the divorce. An attorney can ensure that all documents and property are drafted, filed, and served to the appropriate parties.

Secondly, an attorney can provide legal advice and inform you of your legal rights and obligations. Even if you and your spouse have agreed on issues, it is essential to understand the legal implications of your decisions. An attorney can help you navigate complex issues and make sure that your agreement is fair and legally binding.

In Illinois, a parenting plan is a legal document that outlines the rights and responsibilities of divorced, separated, or unmarried parents. A parenting plan is required for all cases involving child custody and visitation. While a parenting plan is intended to be a long-term agreement, there are situations in which it may need to be modified. Ann experienced divorce attorney can be an invaluable resource as you make modifications to your parenting plan that are conducive to your new situation.

Reasons Why a Parenting Plan May Need to Be Modified

• Reason #1 – Change in circumstances – One of the most common reasons a parenting plan needs to be modified is a change of circumstances. A change in circumstance may include a job loss, relocation, or a significant change in income. If a change in circumstances has impacted a parent’s ability to care for their child, they may need to request a modification of the parenting plan. In this case, the parent would need to demonstrate that the change in circumstances is significant enough to warrant a modification of the parenting plan.
• Reason #2 – Violation of the parenting plan – If one parent is not following the parenting plan terms, the other parent may need to seek a modificaton. For example, if one parent consistently fails to pick up or drop off the child at the designated time or location, this could violate the parenting plan. In this case, the other parent may need to seek a modification to address the issue and ensure the parenting plan is followed.
• Reason #3 – Child’s needs have changed – As children grow older, their needs often change. For example, as a child gets older, they may require more or less structure in their schedule or may need to spend more time with one parent than the other. If the child’s needs have changed, one or both parents may need to request a modification to the parenting plan to ensure that the child’s best interests are being served.
• Reason #4 – Safety concerns – If a parent has concerns about their child’s safety while in the care of the other parent, they may need to seek a modification to the parenting plan. Safety concerns include physical or emotional abuse, neglect, or substance abuse. In this case, the parent would need to demonstrate that the child’s safety is at risk and that a modification of the parenting plan is necessary to protect the child.

Contact a DuPage County Divorce Attorney

For more information regarding modifying your parenting plan, contact the experienced Naperville, IL divorce lawyers with Calabrese Associates, P.C.. Call 630-393-3111 for a private consultation.

The time leading up to a divorce can be intensely stressful and emotional. You are likely weighing the pros and cons of divorce and how moving forward with the divorce process may affect your life. But the situation can be complicated if your spouse suffers from a drug problem. If this is the case, you may be concerned that their drug problem will affect divorce proceedings. If you have found yourself in this situation, contact an experienced divorce attorney to see how they believe you should approach it.

What to Do if Your Spouse Has a Drug Problem

Substance abuse can significantly impact a marriage, leading to a breakdown of trust, communication, and intimacy. If you are considering divorce, but your spouse has a drug problem, there are several steps you can take to protect yourself and your family, including:

• Document evidence of drug use – If you suspect your spouse has a drug problem, gathering evidence to support your claims is important. Record any incidents or behaviors that suggest drug use, such as drug paraphernalia, changes in behavior or mood, or missed work or appointments. This evidence can be used to support your case in court if necessary.
• Consult with an attorney – Divorce can be a complex legal process, especially when there are issues related to substance abuse. Consult with an experienced family law attorney who can help you navigate child custody, property division, and spousal support issues.
• File for divorce – If your spouse is unwilling or unable to get help for their addiction, you may need to file for divorce. In this case, working with an attorney who can help you navigate the legal system and protect your rights is essential. Issues related to child custody and support can be especially complicated in cases involving substance abuse, so it is vital to have an experienced attorney on your side.
• Focus on self-care – Divorce can be stressful and emotional, especially when there are issues related to prioritizing your well-being and seeking support from friends, family, or a therapist. However, taking care of yourself can help you navigate the challenges of divorce and move forward with your life.

Contact a DuPage County Divorce Attorney

If you are in need of skilled legal representation, contact the experienced Naperville, IL divorce lawyers with Calabrese Associates, P.C.. Call 630-393-3111 for a private consultation.

Divorce can be an emotionally challenging and quarrelsome process. One of the most distressing situations is when one spouse falsely accuses the other of abuse to gain an advantage in matters like child custody or spousal support. If you are facing false allegations of abuse in your divorce case, you must take action to protect your rights and reputation. Today, we will discuss what you should do if you are ever in this situation. Remember, in matters like this, a family law attorney can be invaluable as you navigate this challenging time's legal complexities.

Step #1 – Assemble Evidence to Refute the Allegations

Your first step should be to gather any evidence that supports your claim that the abuse allegations are false. This may include:

• Text messages, emails, or other written communications between you and your spouse contradicting the allegations.
• Testimony from friends, family, or neighbors who can vouch for your character and the nature of your relationship with your spouse.
• Medical records or police reports that show no history of abuse or injuries consistent with abuse.
• Photos, videos, or other documentation that contradicts the allegations.

Step #2 – Consult with an Experienced Family Law Attorney

If you are facing false allegations of abuse, having an experienced family law attorney on your side is crucial. They can help you navigate the process, advise you on the best course of action, and protect your rights throughout the proceedings.

Divorce is a dreaded word that no married person ever wants to hear their spouse utter. But unfortunately, when an argument arises between spouses, especially a heated one, divorce can get mentioned. But should you take your spouse’s words seriously in the context of a dispute? Chances are, if your spouse has mentioned divorce, you should consider taking a step back to assess the situation. Today, we will discuss what to do if your spouse threatens to divorce you during an argument. Remember, if you think there is credence to what your spouse is saying and think they are serious about divorce, consult a qualified divorce attorney for legal advice moving forward.

What You Should Consider if Your Spouse Threatens Divorce

Recently, we wrote a blog detailing how someone should discuss divorce with their spouse. Cited in that blog, we stated that you should avoid bringing up the topic of divorce during an argument since, as is evident in this blog, the fog of an argument can cloud reality and make it difficult to know whether your spouse was serious when they said it or not. Moreover, mentioning divorce during an argument can significantly damage a marriage. Here are a few things you should consider if your spouse mentions divorce, including:

• Communication – Communicating with your spouse about the situation is essential. Ask them why they feel like they do, and try to understand their perspective. This can help you identify the root cause of the problem and possibly find a solution.
• Seek counseling – If communication proves futile, consider seeking the help of a marriage counselor. A professional counselor can help you and your spouse improve communication and resolve underlying issues.
• Legal advice – As stated at the outset, if you believe your spouse was serious about what they said and was not caught up in the moment of the argument, it may be wise to seek legal advice. An experienced divorce attorney can help you understand your rights and options in the event of a divorce.
• Protect your assets – If you think your marriage is approaching divorce, it is crucial to act now to protect your assets. This could include opening a separate bank account, gathering financial documents, and taking inventory of your assets.
• Keep calm – This is easier said than done. You may feel like you are spiraling or are in disbelief that your spouse mentioned divorce. In this situation, you want to remain calm and avoid making threats. Making threats or engaging in aggressive behavior can escalate the situation and make it even more difficult to resolve successfully.

Contact a DuPage County Divorce Attorney

For matters about divorce, contact the highly rated Naperville, IL divorce lawyers with Calabrese Associates, P.C.. Call 630-393-3111 for a private consultation.

Few people begin a marriage expecting that one day it will end. But, sadly, that is the reality for a lot of people. Divorce is difficult for so many reasons. Often, we think about divorce in terms once the process is already underway and the various issues that must be settled. But an important question remains: how are you supposed even to broach the subject of divorce with your spouse?

Of course, divorce is a difficult topic to bring up with a spouse, and it can be emotionally charged and stressful for both parties. However, some ways exist that can minimize the conflict and result in, hopefully, a smoother divorce process. Today, we will discuss how you should and should not bring up the idea to your spouse. If you believe your marriage is heading toward a divorce, contact an experienced divorce attorney to ensure you understand your legal obligations and that your rights and best interests can be advocated for.

Ways You Should and Should Not Bring Up Divorce with Your Spouse

First, choosing the right time and place to have the conversation is essential. Ensure you are both in a calm and comfortable environment where you can talk without interruptions or distractions. Avoid bringing up the topic during a stressful time, such as before a significant event or during an argument. When you bring up the topic, be honest, direct, and compassionate. Try to be clear about your feelings and your reasons for wanting a divorce in the first place. Listen to your spouse’s concerns and try to find common ground.

As you may be aware, divorce mediation is a method of resolving disputes between divorcing spouses with the help of a neutral third party known as a mediator. While divorce mediation is certainly gaining mainstream popularity, particularly as an effective alternative to litigation, several things still need to be clarified about the process. Today, we will discuss and debunk some of the most common misconceptions about divorce mediation. If you are getting a divorce and think mediation may be worthwhile to pursue, contact a divorce attorney who will help you get the process started while also ensuring that your rights throughout the divorce process remain protected and advocated for.

What are the Most Common Misunderstandings Surrounding Divorce Mediation?

The following are some of the most common misunderstandings regarding divorce mediation, including:

• Mediation is only for amicable couples – One of the most prevalent misconceptions about divorce mediation is that it is only suitable for couples with an amicable divorce. This is not entirely true. In fact, mediation can be beneficial for couples who are experiencing high levels of conflict. A skilled mediator can help parties communicate effectively and work through their issues, even if they struggle to get along.
• Mediation is a way to avoid legal representation – While some couples choose to represent themselves in divorce mediation, this is not advised. Instead, it is usually recommended that both parties have their own attorneys. This ensures that each party’s legal rights are protected and that they have someone advocating for their best interests throughout the process.
• Mediation is a quick fix – Mediation is often portrayed as a quick fix to divorce-related issues. While mediation can be faster than going through the court system, it is important to note that it is not a magic solution. Mediation requires time and effort from both parties. It may take several mediation sessions until you reach a resolution.
• The mediator makes the final decision – This is not true. The mediator is a neutral third party who helps facilitate communication and negotiation. However, the parties themselves make the final decisions about the terms of their divorce agreement.
• Mediation is only for couples with children – While mediation can help resolve issues related to child custody and visitation, it can also resolve issues related to property division, spousal support, and other divorce-related matters.

Contact a DuPage County Divorce Mediation Lawyer

If you have additional questions regarding the divorce mediation or want to start the process, feel free to contact the highly rated Naperville, IL divorce mediation attorneys at Calabrese Associates, P.C.. Call 630-393-3111 for a private consultation.

For many of us, social media has become an integral part of our lives, making connecting with friends and family more accessible. While that may be true, how could social media ever affect a divorce? Today, we will discuss how social media can affect divorce proceedings. If you are considering getting a divorce, consider consulting with a skillful divorce attorney to help you understand your rights and legal options.

Ways Social Media Can Be a Factor in a Divorce

One of the most significant ways social media can affect a divorce case is by providing evidence that may be used in court. Many people use social media to post their thoughts and feelings, and sometimes they may reveal information that can be used against them in court. For example, suppose a person claims they cannot afford to pay alimony or child support, but they post pictures of themselves on expensive vacations. In that case, the other party could use those pictures to argue that that person can afford to pay. Similarly, if a person claims they are a responsible parent but posts pictures of themselves partying or drinking excessively, the other party could use those pictures to argue that the person is not a responsible parent.

Another way that social media can affect a divorce case is by influencing how the court views each party. Judges are human beings who are not immune to biases and prejudices that affect us all. For example, if one party is constantly posting negative comments about the other party on social media, the judge may be more likely to view that party in a negative light. On the other hand, if one party posts positive comments about themselves and their actions, the judge may be more likely to view that party positively. Ultimately, it is essential for anyone going through a divorce to be mindful of what they post on social media. Even innocent posts can be taken out of context and used against a person in court. It is also essential to know what friends and family members post about the divorce on social media. It is not uncommon for friends and family members to post comments or pictures that could be used against the parties in court.

Illinois Marriage and Dissolution of Marriage Act 750 Illinois Compiled Statute (ILCS) § 5/602.5(a) establishes that courts must allocate decision-making responsibilities according to a child's best interests. Courts may need the assistance of a third party in determining what is in a child’s best interests. A child representative may be appointed in cases in which parties are disputing parenting time, custody, visitation, education, property interest, or general welfare of a child. 

Types of Child Representatives

The three types of people courts can select to represent a child or children are a child’s attorney, a guardian ad litem, and a child’s representative.  

• Attorney for a Child - A judge may appoint an attorney for an older child when an attorney will need to act in the manner that the child wants. A child’s attorney not only acts in a child’s best interests, but will also present their arguments in court.  State law provides that a child attorney must provide independent legal counsel for a child and owe the same duties of undivided loyalty, confidentiality, and competent representation that are due to an adult client. An attorney must keep what is said between a child and them private.
• Guardian At Litem - A guardian ad litem (GAL) represents a child’s best interests and may or may not be what a child wants. A GAL is appointed to conduct investigations, as they may be used in disputes asking whether it is safe for a child to live with a parent. A court could ask a GAL to do a home visit or multiple home visits and report back to the court as to what happened.  A GAL will go to the parents' home, observe how parents behave with a child or children, talk to parents and children separately, and deliver a written report to the Court or testify as a witness. 
• Child’s Representative - A Child Representative acts similarly to a GAL in that they often have the same authority, but they will not testify in court. Special training and qualifications are usually required to serve as a child representative, and child representatives make recommendations to courts without delivering reports.

Contact a Naperville, IL Family Law Attorney Today

If you are dealing with child-related disagreements in your divorce, we are here to help. A DuPage County family law attorney at Calabrese Associates, P.C. can help you get the answers you need. Call 630-393-3111 for a confidential consultation.

Illinois lawmakers have introduced a proposed child tax credit that would give low- and middle-income families a $700 income tax credit for each child under age 17. Eligibility would apply to joint filers who are earning less than $75,000 and single filers earning less than $50,000.

The child tax credit program allows people with children under 17 years of age to claim tax credits of as much as $2,000 per qualifying dependent when they file their tax returns. Up to $1,500 of the credit can be refundable.

Qualifying for a Child Tax Credit

Taxpayers are able claim the child tax credit for their tax year when they file their tax returns. There will be seven tests a person and their qualifying child will need to pass.

The Illinois Domestic Violence Act of 1986 defines domestic violence (also known as family violence) as abuse, meaning physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. Incidents of domestic violence can occur between married or divorced spouses, current or former romantic partners, roommates and housemates, parents and children, extended family members, and divorced or unmarried co-parents.

Orders of protection are common in many domestic violence cases. 

An order of prtotection is a civil court order that prohibts a person from contacting or coming near the petitioner. Any orders of protection or accusations or abuse will be considered in child custody cases.

When people involved in a divorce or family law case head to court and go through a trial, it is important to understand that a court decision is not necessarily the final word on the matter. Illinois Supreme Court Rules allow people to appeal court decisions, meaning any judgment in a Circuit Court can be appealed to an Appellate Court and a judge or panel of judges may review the case.

Appeals typically have to be filed with the Circuit Court Clerk within 30 days of a court decision. After 30 days pass, the decision becomes binding, and no appeals will be granted.

Legal Grounds for Appeals

Appeals cannot be based on simple dissatisfaction with a judge’s decision. An appeal needs to allege some kind of mistake of law or mistake of fact.

Child support is a crucial aspect of raising a child whose parents are not married, and it is the responsibility of both parents to support their child financially. However, in some cases, one parent may not fulfill their obligation to pay child support. This can create financial difficulties for the parent responsible for the child’s primary care. In Illinois, various strategies are in place for securing unpaid child support and enforcing court orders.

Strategies for Collecting Unpaid Child Support

Several strategies can be used to collect unpaid support when a parent is not paying child support.

• Wage Garnishment- This is a legal process in which a portion of a person’s wages is withheld from their paycheck. This can be done through the court system with an experienced attorney who knows the process.

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High asset divorce is a complex and challenging process that requires a unique approach. In Illinois, high asset divorce cases involve significant financial assets and require expertise to navigate the legal system. This is why it is crucial to seek the help of an experienced attorney who can help you protect your financial interests as much as possible.

Dividing Assets

One of the main challenges is identifying and valuing assets. This includes everything from real estate and investments to retirement accounts and pensions. It is important to clearly understand the financial assets involved in the divorce to ensure that they are divided equitably. Businesses can be an essential asset in high asset divorce. Business owners will need to consider the value of the business and how they are willing to divide it or negotiate over it in a divorce.

Protecting Your Financial Interests

Another important aspect is protecting one’s financial interests. Pre- and postnuptial agreements can play an important role in high asset divorce, as they can provide a clear understanding of the assets and debts that each party is bringing into the marriage. Strategies such as setting up trusts or transferring assets to family members can help protect assets. Without these in place, during divorce, forensic accountants may be necessary to identify and value assets.

The process of filing for a divorce can be hard to navigate. It can be stressful and emotionally challenging, so it is essential to understand the process before you begin. Knowing what to expect can help you mentally and emotionally prepare for the journey ahead. 

This blog post breaks down the steps in filing for divorce and what you should expect at each stage. 

Grounds for Divorce in Illinois

When getting a divorce in Illinois, it is important to understand that this state is a little different than others. With some other states, you have grounds for divorce, such as adultery and similar circumstances. However, Illinois will not allow a divorce based on that.

Divorce can be a complex and emotional process. It can be even more challenging when retirement accounts are involved. In Illinois, retirement accounts are considered marital property, which means that they are subject to division during a divorce. It is essential to understand the laws and regulations surrounding retirement account division to protect your financial future.

Understanding The Division of Retirement Accounts

When dividing retirement accounts in Illinois, there are a few key factors to consider. First, it is essential to identify all the retirement accounts subject to division. This includes 401(k)s, pensions, IRAs, and other retirement savings plans. Once the accounts have been identified, the next step is determining how they will be divided.

The Role of Qualified Illinois Domestic Relations Orders (QILDROs)

In Illinois, one of the methods of dividing retirement accounts is using a Qualified Illinois Domestic Relations Order (QILDRO). A QILDRO is a legal document used to divide retirement accounts between spouses in Illinois. A court order directs the plan administrator to divide the account and pay a portion to the non-employee spouse.