IL family lawyerDivorces in DuPage County can be contentious, particularly when a married couple shares minor children from the marriage. When a couple does divorce, it can also be difficult for extended family members to hear that they will not automatically be granted time with the children. Many Muslim families in Oakbrook Terrace with young children involve grandparents in the children’s lives, and it can be devastating for grandparents to learn that they might not be spending as much time with the children once the divorce is finalized and the allocation judgment outlines parental responsibilities and parenting time. In some situations, a grandparent or another non-parent (such as an adult sibling or a step-parent) might try to seek the equivalent of parental responsibilities.

Do courts ever grant rights to grandparents and other non-parents? In limited circumstances, the court may determine such an arrangement is in the child’s best interests. Our experienced DuPage County family lawyers can explain in more detail.

Visitation By Certain Non-Parents Under Illinois Law

Under Illinois law, this issue is covered by a statutory section on visitation by certain non-parents. Although the term “visitation” is no longer used to refer to parental rights (and has been replaced with language of “parental responsibilities” and “parenting time”), the term visitation is still used when a non-parent is seeking certain communication or time with the child.

...

Il divorce lawyerBefore getting married, many couples enter into a premarital agreement that outlines terms in the event of a divorce. There are many different types of issues that can be negotiated between the parties and can become part of a premarital agreement. However, there are some issues that cannot be enforceable as part of a premarital agreement. For example, parties can never negotiate about child support or include a clause that says one of the parties will not be responsible for making child support payments in the event of a divorce. Parties can, however, negotiate about spousal maintenance. The same is true of postnuptial agreements. Similar to prenuptial agreements, a postnuptial agreement allows spouses to reach an agreement about certain issues in the event of a divorce.

We want to provide you with more information about the enforceability of premarital and postnuptial agreements in the event of a divorce in Oakbrook Terrace. If you do have an agreement in place with your spouse and are planning to file for divorce, one of the experienced Oakbrook Terrace divorce lawyers at our firm can help.

What Makes a Premarital or Postnuptial Agreement Unenforceable

Generally speaking, the Illinois Uniform Premarital Agreement Act governs most matters pertaining to premarital agreements in the state, and issues of enforceability also pertain to postnuptial agreements. Under Illinois law, what makes such an agreement unenforceable?

...

Il divorce lawyerIf you are thinking about filing for divorce in DuPage County and want to get the process completed as quickly as possible, you may have found information about “joint simplified divorce” under Illinois law, and you may be wondering if you qualify. Joint simplified divorce is, in large part, what it sounds like: a simplified divorce process through which two parties can quickly dissolve their marriage legally.

However, many Illinois residents do not qualify for a joint simplified divorce. Indeed, joint simplified divorce has many requirements, and it can be difficult for parties to meet those requirements. We will tell you more about joint simplified divorce in Illinois to give you a better understanding of who may qualify for it under Illinois law.

Many Married Couples Will Not Qualify for a Joint Simplified Dissolution Procedure

For Muslim couples in DuPage County, joint simplified divorce will not be an option if you have children from the marriage, and it is not an option for any parties anticipating a high asset divorce. Further, it is not a possibility in any situation where one of the spouses will need to seek spousal maintenance or support.

...

IL divorce lawyerIf you are having difficulties in your marriage, you might be considering divorce. At the same time, there are many reasons that you may be thinking about potential alternatives to divorce. To be sure, we work with many Muslim families in DuPage County who want to avoid divorce for religious and cultural reasons. For those families, a legal separation can provide some of the same benefits of divorce without the religious and cultural implications. There are also many financial reasons that legal separation may be preferable to getting divorced. To be clear, a legal separation does not legally end the marriage, but it allows the parties to have some of the benefits that come with a divorce. A divorce, differently, results in a legal end to the marriage.

When you have questions about legal separation versus divorce, you should get in touch with a DuPage County family law attorney who can help with your situation.

What Is a Legal Separation?

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), two people who are married can opt for a legal separation instead of a divorce. Not all states have laws for legal separation, but Illinois is a state that does allow for legal separation. The IMDMA clarifies that “any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart.” Under the statute (750 ILCS 5/402), the court is also permitted to enter a judgment for legal separation, which can include a property settlement agreement between the parties that the court approves and enters as part of the judgment.

...

IL divorce lawyerIf you are thinking about filing for divorce in Oakbrook Terrace, or if you know that your spouse has plans to file for divorce, you are probably already thinking about the complications of property division. While the distribution of marital property will vary in complexity from case to case depending upon the amount and type of assets and debts involved, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that Illinois courts divide all marital property according to the theory of equitable distribution.

Although the court will determine who marital property is divided until the parties can negotiate a property division agreement or property settlement, it may still be possible for one of the parties to make clear that she or he wants to retain particular property for which she or he is willing to give up other property. In a lot of cases, one of the parties wants to keep the marital home.

Why Would One of the Parties Want to Stay in the Marital Home After a Divorce?

There are a variety of reasons that someone may want to stay in the home after the divorce, from a sentimental attachment to the property to issues like raising your child and wanting to keep kids in the same school district.

...

Recent Blog Posts

Categories

Archives

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

10 Best Attorney Award

Chat Us Text Us