Lois Kulinsky & Associates, Ltd.
Contact Us Today For a Free Consultation
847-459-4448
View Our Practice Areas

Lake County and Cook County Divorce Law Blog

Factors that could invalidate an Illinois prenuptial agreement

There are many couples in Illinois who want to ensure that they are open and honest about their financial situation and their expectations if a divorce should occur before they say their vows. As such, many couples choose to create a prenuptial agreement. Unfortunately, even those with the best of intentions could ultimately find that the agreement they created the protect a business or personal finances, for example, could ultimately be determined to be invalid.

First, there are a variety of different factors related to signing the agreement that could impact its enforceability. For example, both parties must sign the agreement before the marriage takes place. If one spouse was pressured into signing an agreement or if one party does not have an opportunity to read the documents, it might not be valid. There must be sufficient time before the wedding to allow time for both parties to properly review it.

Coping with a high asset divorce in Illinois

Once a couple in Illinois reaches the conclusion that a divorce is in their best interests, there are multiple other decisions that must follow. The process of untangling two lives can be complicated, especially for those going through a high asset divorce. Fortunately, there are steps to take that can help ensure that the property division aspect, among others, goes smoothly.

One of the most important parts of a divorce involving complex assets is carefully cataloguing all assets. This can include obvious ones, such as real estate and vehicles, but should also include any personal property with value, such as guns, collectibles, artwork and jewelry. Part of this process also includes determining what is community property versus separate property. Assets that one spouse had prior to the marriage or inherited during the marriage will likely be considered separate property; however, appreciation value could be considered community property.

The ways in which child support can be used

Any parent in Illinois would likely agree that raising children is expensive. Simply meeting their basic needs can be difficult enough but there is typically also a need for school fees and costs associated with extracurricular activities. For some, there may be a misconception that child support only covers basic essentials. However, support actually covers a wide range of expenses. 

For many, the fact that child support covers basic expenses, such as food, housing and clothing, is likely fairly obvious. At the minimum, this includes groceries, including drinks and snacks, appropriate clothing including jackets and shoes, and the costs of rent or mortgage and utilities. Support can also cover medical expenses, including the cost of insurance and medical expenses not covered by insurance, such as co-pays or braces.

Is your ex refusing to comply with court-ordered parenting?

Divorce is seldom easy, and if you have children, you may have an especially difficult time. The breakup of a marriage can mean dividing your time with the children and creating complex schedules for birthdays, holidays and special events. This can be a devastating blow, and some parents do not adjust well to the change.

If you and your ex-spouse have gone through a contentious custody battle, you may be dealing with the aftermath. As much as you may want to present a united front to your children, you may be struggling to remain civil with their other parent, especially if he or she refuses to allow you the parenting schedule or visitation rights the court has ordered.

The benefits of alternative dispute resolution in divorce

People in Illinois who have chosen to end their marriage likely spend a great deal of time contemplating the matter. However, deciding to divorce is actually only the first of many decisions that will ultimately follow. Even though the process has a reputation of being highly contentious, there are many couples who choose the more peaceful alternative dispute resolution method of mediation.

In mediation, decisions regarding how property will be divided, who children will spend their time with and financial obligations such as child and spousal support can be made without going before a judge. Many divorces involving litigation can take one or more years to complete. Couples typically have no say in which judge will hear their case, leaving them in a situation that could potentially fail to fit their needs.

High asset divorce support is a central focus for Sarah Palin

As many Illinois spouses can attest, marital breakups are rarely easy. Especially in a high asset divorce, spouses often become entangled in issues regarding property division, alimony and other important matters. Building a strong support network from the start is often a key factor to accomplishing one's goals for a settlement. Former presidential candidate and governor Sarah Palin appears to understand the value of hiring a competent and experienced attorney to fight such battles on her behalf.

The Palin divorce case was recently filed by Sarah Palin's husband, Todd. The couple has been married for 30 years. They have several children together, one of whom is an 11-year-old boy. Todd has requested that the court grant joint custody in this case.

Man refuses to pay alimony, claims marriage was invalid

The vast majority of people in Illinois believe that they know everything that they need to know about the person with whom they plan to spend the rest of their life. However, in some situations, one person may find out certain information only after they exchange vows, often prompting the decision to seek a divorce. Unfortunately, a man in another state claims that he faces alimony payments even though he believes that the marriage was not valid.

The couple, a 42-year-old woman and a 56-year-old man, reportedly met through mutual friends and decided to marry in Aug. 2017. However, the man claims he learned after they were married that the woman had a criminal history, information that he says was new to him. He ultimately chose to file for a divorce five months after their marriage.

Divorce rate has more than doubled for people age 55 and over

When you think back to the day you got married, you might have mixed emotions. On one hand, it might seem as though that day was centuries ago. On the other, it might feel like only yesterday and leave you wondering where time has gone. Either way, if your marriage failed to unfold the way you'd hoped, you might be one of many Illinois spouses who analyze their situations and wish they'd done some things differently.

For instance, many spouses say they stayed in unhappy relationships far too long. While their motives were unselfish, perhaps staying put for their kids' sake, as they age, they wind up saying they wish they had moved on earlier in life. The term "gray divorce" refers to people who file for divorce at age 55 or beyond. Doing so often creates numerous challenges, which is why it's so important to build a strong support network from the start.

Illinois couples can take control of property division in divorce

No one in Illinois expects to be involved in a car accident, but they plan for that possibility anyway by purchasing car insurance. Likewise, no one has an expectation that their marriage will end in divorce while they are planning their wedding. However, the reality of life is that some will, and creating a prenuptial agreement is a form of insurance to protect their assets and ease the property division process should they choose to go their separate ways.

The process of creating a prenuptial agreement, known to some as an antenuptial agreement, can provide couples an outlet to be completely honest about their current financial situation, including both assets and debts. By creating one, couples in Illinois are taking control of the asset division process of a divorce,. This could ensure that they will be making the decisions rather than asking a court to make a determination.

Reality star and estranged husband fight over alimony

It is sometimes surprising how quickly a person's circumstances can change. For example, a person who formerly earned a large salary but has recently found him or herself unemployed can struggle financially. In this scenario, a person in Illinois who has previously created a divorce agreement can struggle to meet those terms in his or her new circumstances, including making alimony and child support payments.

This is reportedly the case for the estranged husband of Gina Kirschenheiter, who is featured on the reality television show "Real Housewives of Orange County." The couple, who were married for eight years, separated in April 2018, according to court documents, and share three children together. Though they briefly reconciled, their romantic relationship reportedly came to an end after the husband, Matt, was arrested for domestic violence; he has not been formally charged in connection with that incident.

  • The Chicago Bar Association
  • Lake County Bar Association | 1912
  • 10 Best | 2015 - 2019 | Attorney Client Satisfaction | American Institute of Family Law Attorneys
  • Illinois State Bar Association
  • DBR | Chamber of Commerce | Deerfield | Bannockburn | Riverwoods

Tell Us About Your Experience

Review Us
Email Our Attorneys

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Wheeling Office
395 East Dundee Road, Suite 200
Wheeling, IL 60090

Phone: 847-459-4448
Fax: 847-459-8548
Map & Directions

Libertyville Office
611 S. Milwaukee Avenue, Suite 4
Libertyville, IL 60048

Phone: 847-281-0200
Map & Directions

Buffalo Grove Office
355 W Dundee Rd
Suite 100
Buffalo Grove, IL 60089

Phone: 847-459-4448
Map & Directions