Although they are becoming more popular, only 5-10 percent of U.S. couples who marry draft prenuptial agreements. Once considered to be only for the wealthy, a prenuptial or postnuptial agreement can save a couple not only time and money but also mental anguish from disputes over property or asset division if they choose to divorce later. These legal documents let couples decide how they would like their marital property to be divided, as well as other considerations. However, there may be situations where a prenuptial or postnuptial agreement may be deemed invalid and therefore unenforceable. If you are considering working with your partner to plan ahead, it is best to learn what to include in these types of agreements and what would make them null and void. 

Premarital Considerations

A prenuptial agreement, or “prenup” is a legal document that an engaged couple can create to determine how they will address property, assets, debts, and other financial issues throughout their marriage and if they decide to divorce at any time. With this approach, property can be divided in the way the spouses wish. For example, they could choose a 60/40 or 70/30 percentage split.
As many other states did, Illinois adopted the Uniform Premarital Agreement Act (UPAA), which contains rules that dictate how courts decide whether a prenuptial agreement is enforceable. All prenuptial agreements must be put in writing and signed by both spouses for it to be enforceable. They do not need a witness to sign, and it does not have to be recorded with the court’s clerk. However, it is important to know that a court is more inclined to enforce the prenup if it can be proven that each spouse had prior knowledge of each other’s finances before signing it.

Postnuptial Factors

In some cases, a couple may not have considered a prenuptial agreement or did not have time to draft one if they had a short courtship before tying the knot. In these cases, a postnuptial agreement (postnup) may be an option. A postnup is a legal contract between spouses that defines what happens if the marriage ultimately ends. It can also be beneficial for those who are married and plan to stay together even after experiencing problems in their relationship, such as infidelity. 

There is an old saying that no one really knows what goes on behind closed doors. This adage applies to many marriages, where outward appearances can be deceiving. A couple who seems to have it all -- healthy kids, big house, fancy cars -- may in reality be dysfunctional and miserable. Domestic abuse is a serious problem that often leads to divorce and the breakup of a family. Under Illinois law, domestic violence is considered a crime. However, it does not just occur between married couples. 

Anyone who hits, kicks, chokes, threatens, harasses, or interferes with the personal liberty of a family or household member has broken the Illinois Domestic Violence law. These members include married spouses, blood relatives, romantic partners, roommates who share or shared a common dwelling, and even disabled individuals and their caretakers. Luckily, victims of domestic abuse and other forms of financial abuse can petition the court for special protections, known as orders of protection.    

Reasons for Seeking Protective Orders

Sometimes called a restraining order, an order of protection is a court-issued directive that can be entered against an alleged abuser. The court may enter this kind of protective order when an individual fears for his or her own safety (or that of his or her children’s) because of actual or threatened abuse by a family or household member. This type of order generally restricts what the abuser can do, such as coming into physical contact with the victim, and harassing or stalking the victim electronically. 

The reasons for divorce can be numerous, from infidelity to financial problems to addictions to simply growing apart. Some marriages can end amicably if the decision to separate was mutual. However, many divorces are contentious, especially if one partner harbors bitter feelings toward the other spouse. When it comes time to make decisions during the divorce proceedings, this can cause conflict. 

Litigation is one approach to resolving divorce disputes between couples. This method involves going to court in order to come to an arrangement on issues such as spousal support or allocation of parental responsibilities, and more. Couples will often resort to litigation if they cannot reach an agreement on their own or through mediation. It is important to have an experienced divorce attorney by your side if you are considering filing for divorce under any circumstances. 

Steps to Keep in Mind When Divorce Issues Are Escalated

Just as every marriage is different, every divorce is unique. Each has its own set of challenges and issues to resolve. If a couple had a difficult time agreeing on things during the union, they will likely argue over property division or child-related issues in the divorce settlement. That is when a judge may become involved, and he or she will make the children’s best interest the top priority when determining certain solutions. The court will weigh several factors when deciding outcomes for parenting time and child support, including the kids’ wishes.   

There are many reasons why a marriage may end in divorce. These can range from infidelity to financial problems to lack of communication to domestic abuse, the list goes on. Many couples who have children stay together even though they are unhappy for their “kids’ sake.” However, staying in a toxic relationship can be detrimental to your well-being, which in turn affects your children. There comes a point where it may be in your best interest to file for divorce. If you and your spouse have tried marriage counseling and put forth a concerted effort to salvage your union but problems remain, it may be necessary to make a decision about how you want to spend the rest of your life. 

Problems Can Negatively Impact Your Relationship

Regardless if a couple has been married for a few years or several decades, marriage is hard work. Life circumstances such as a job loss, a child with special needs, or a family member’s death can strain even the best of relationships. If issues are not addressed, they can simmer over time and cause feelings of resentment, anger, or loneliness, ultimately leading to the breakdown of a marriage. One of the most important aspects to a successful marriage is communication. In order to solve problems, a couple needs to talk about them and try to find ways to conquer them. 

Some of the typical behaviors that often lead to one spouse considering filing for divorce include:  

A divorce under the best circumstances still has its challenges. When parents split up and are no longer married, they are still responsible for supporting their children, both emotionally and financially. This is why child support orders are included in a final divorce decree. In Illinois, basic support payments are calculated according to the Income Shares model. This approach takes the combined net income of both parents into consideration when determining the amount each spouse is obligated to pay. However, what happens when a parent remarries, has more children, and gets divorced for a second time? Will the child support order for a second divorce be the same as the first divorce? It is helpful to seek professional legal counsel to find out how multiple marriages and children affect this type of financial support. 

Income Shares Model 

Once a couple has finalized their divorce, it is common for one spouse to pay child support, spousal maintenance, or both in some cases. Illinois law provides guidelines for determining this financial support. Remarriage can have an effect on the duration and amount of child support payments made to the custodial parent, which is the parent with the majority of the parental responsibilities. 

In 2017, Illinois changed its child support law to use the Income Shares model when calculating payment amounts. Previously, the number of children involved and only the obligor parent’s income were taken into consideration when determining a support order. 

The end of a marriage can be devastating for many reasons. Life after divorce can seem daunting, especially the thought of starting over again. There are many things to resolve, such as how to divide marital property or assets, allocation of parental responsibilities, as well as child support or spousal support. Formerly known in Illinois as “alimony,” spousal support or maintenance may be awarded to one of the spouses in a divorce depending on the situation. However, although the amount set during the divorce proceedings may be appropriate at the time, a significant change in circumstances may call for an amendment to a spousal support order. 

How is Spousal Maintenance Distributed?

The reason for spousal maintenance in any divorce is to assist a financially dependent spouse who does not have the income or means to be self-supporting post-divorce. This is typically a stay-at-home parent who did not work outside the home while raising children. In some scenarios, a couple may agree to the amount and how often payments will be dispersed. If a couple cannot agree, they will have to go to court and a judge will determine how it should be distributed.

Depending on the terms of the divorce decree, spousal support payments can take various forms:

The decision to divorce is difficult, especially when a couple has children together. One of the main reasons parents stay together even if they are unhappy is because they do not want to lose any time with their kids. During divorce proceedings, many child-related issues must be addressed. 

In Illinois, “visitation” is now referred to as “parenting time.” This schedule can be agreed upon by both parents, or if they cannot come to an agreement, a judge will decide for them, keeping the best interest of the children in mind. The schedule is a part of the parenting plan, which, once approved by the court, is a legally binding document. It is important to follow the schedule as it was created, but parents may modify it if they both agree to the changes. As you might expect, the holidays present a unique challenge when it comes to parenting time, so the best approach is to be prepared. 

Adjusting Schedules

Creating a special holiday parenting time schedule can make things easier because it outlines where the children will spend each holiday without the parents having to negotiate every year. In many cases, parents rotate major holidays such as Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, Easter, Memorial Day, 4th of July, and Labor Day. Children are typically with their mom on Mother’s Day and their dad on Father’s Day. When the parents do not live close together, the schedule is adjusted for time to travel.

A divorce can be complex, with many issues to resolve. Some couples argue over money, especially as it relates to child support or spousal maintenance. In high-asset divorce cases, one spouse may deliberately try to hide funds in an effort to keep them from the other spouse. That is why it is important to seek professional legal counsel to make sure you are not being taken advantage of during the proceedings. Hidden assets can be uncovered in several different ways with the help of a forensic accountant, as well as an experienced divorce attorney.      

Ways in Which a Spouse May Hide Marital Assets

There are certain ways your spouse can be deceitful if he or she does not want to share a portion of the marital assets. One of the most common ways to hide assets is to transfer them to a new bank account that is only in your spouse’s name. Hidden assets may also include other acts, such as using dinners as a business expense or tax write-off. Undervaluing a piece of property you own together is another way to conceal funds. 

Below are a few examples of the means through which marital assets may be hidden:

When going through a divorce, it might be hard to think about moving on. However, it is possible to find love again and even remarry. In some cases, one or both spouses may choose to give marriage another try with new partners. Many remarriages involve couples who have children from previous marriages, often referred to as “blended families.” Statistics show that approximately half of all families in the United States are blended rather than the “traditional” nuclear families. Creating a new family dynamic can be challenging for parents and kids, and there are many issues to consider. For example, one spouse may be paying spousal maintenance or child support to his or her ex-spouse. Parenting time also may need to be adjusted based on new home or work schedules. Following are ways to ease the transition of combining families after remarriage. 

Practical Advice for Joining Families

If you decide to get married again after taking a second chance on love, you might not necessarily think about how a remarriage could impact your children. After enduring years of unhappiness in your first marriage, it may be tempting to put your feelings ahead of your kids. However, it is important to remember that it is not all about you and your new love. 

Here are some tips for learning how to share your lives and create lasting bonds: 

Domestic violence does not discriminate. It can happen to men, women, and even children of socioeconomic status. Studies suggest that up to 10 million children witness some form of domestic violence each year. In many cases, an abusive relationship can lead to a divorce. However, in some cases, violent behavior by one spouse can continue throughout the divorce process and long after. The Illinois Domestic Violence Act (IDVA) provides safety provisions for survivors of domestic violence and their children by holding their abusers accountable in the criminal and civil courts. This can be done by court orders, but it is important to know how to obtain such protections and how long they are in effect. 

What Can Protective Orders Do?

In Illinois, there are certain actions a victim can take against his or her alleged abuser. A protective order can restrict or limit certain actions a person can and cannot do. Often referred to as a “restraining order,” it can prohibit an individual from harassing or harming the victim as well as forbid any contact or coming within a certain distance of the alleged victim. 

To obtain such an order, a person must file a petition for an order of protection. In the petition, the accuser must explain to the court why he or she wants an order of protection. If the court believes the person has been abused or is imminent danger of abuse, a judge will issue an order of protection. Below are the three types of Illinois protective orders and the amount of time for which they are in effect: 

A divorce can trigger many different emotions, from anger to sadness to resentment. Although there are couples who part ways amicably, many divorces can be contentious. Such cases can involve disputes over parenting time, child support, spousal maintenance, and property division. One of the biggest questions is who will be allowed to stay in the marital home? In many cases, both spouses feel like they are entitled to the house they bought together. However, usually only one spouse will remain in the home and the other spouse will move out. Determining this can be complicated and a major point of contention. 

How Are Marital Assets Divided? 

In Illinois, marital assets or property include anything that was acquired during the marriage. This can also be debts that one or both partners accrued. Non-marital property are things that each spouse owned before the wedding or acquired once they legally separated. Gifts and inheritances received by just one spouse during the marriage are still generally considered non-marital property. On the other hand, the home the couple lived in is often considered marital property, even if it was bought before the couple was married.

When it comes to splitting the marital estate, it is divided according to “equitable distribution.” This means items are divided fairly and may not be split exactly in half. The courts will consider several factors when deciding how to divide the assets equitably. Some of these factors include:

Going through a divorce can be one of the most stressful experiences of someone’s life. Determining who gets what after the marriage ends is often a complicated undertaking. Decisions made through litigation involve the court system and can be time-consuming and costly. However, there is an alternative dispute resolution method available for divorce that is known as mediation. Mediation is generally less expensive, less stressful, and less time-consuming than going to court and having a long, drawn-out trial.

What Is Mediation?

Mediation is a process in which divorcing couples can meet with a trained, neutral third party to discuss and resolve typical divorce-related issues. The main goal of mediation is to use collaborative methods when determining who gets what after a divorce. If a couple can reach a mutual agreement, it is submitted to the court for approval. 

Some of the main issues that a mediator can assist you with include:

Many married couples grow apart and decide they can no longer live happily ever after. However, divorce is a big step, and some spouses may not be ready for such a drastic action. In Illinois, another option couples can consider is filing for a legal separation. This is a legal process that formalizes a separation, which is granted in the form of a court order, while the spouses remain legally married. 

Choosing between a legal separation and a divorce is sometimes a matter of personal preference. Some individuals have religious or personal beliefs that do not allow them to get divorced, but a legal separation permits them to stay married while living separate lives. Couples may think that a legal separation is not as involved as a divorce, but it still requires the couple seeking it to address certain issues, as well as follow the proper legal steps. 

Benefits to Separating Versus Divorcing

A divorce can be the right option for many spouses who are in dysfunctional relationships. However, there are scenarios where a legal separation is a more appropriate alternative. This option leaves the door open in case a couple decides to reconcile. It is important to note that a legal separation does not mean the spouses can remarry other people; that is only possible after obtaining a final divorce decree. A few instances where obtaining a legal separation might make more sense include the following:

Even under the best circumstances, divorce can be a challenging process. Many marital issues are sensitive in nature and difficult to resolve. These matters may include allocation of parental responsibilities, child support, parenting time (visitation), as well as spousal support or maintenance (alimony). They can also involve valuables or high net-worth assets that need to be divided. Complex divorce proceedings can seem intimidating at first, but they can be managed with professional legal guidance.    

Child-Related Issues 

Many of the disputes in a complex divorce involve a couple’s children. These arguments can include how much time each parent will spend with the child or how much support will be paid by one of the parents, among other issues. A parenting plan is a legal document that establishes the legal rights and obligations of both parents as relating to their child. This plan outlines a schedule for when each parent will see their child. Creating this timeline can be difficult since most parents do not want to give up time with their kids or relinquish control to the other parent, especially if there are bitter feelings.  

Some of the child-related issues that may need to be addressed in a divorce settlement include:

Depending on the couple and their circumstances, a divorce can take weeks or months to finalize. Once the legal proceedings are complete, a final divorce decree will be issued, which officially documents the terms of the divorce. However, sometimes a significant change in circumstances can warrant a modification of part or all of the original order. When a divorce settlement is no longer relevant for a couple or does not fit the needs of their children, it is possible to alter the terms of it through a post-decree modification. If you or your ex-spouse requests a post-divorce order modification for any reason, it is helpful to know the process and how it affects your rights regarding matters such as child-related issues or spousal maintenance.  

Reasons for Changing a Judgment Order

We all know life can change in an instant, whether it be from a sudden medical event such as a heart attack or stroke to unexpectedly losing a job. For instance, child support payments are calculated based on parent’s income. If the paying parent loses his or her job and cannot afford the payments, he or she may request a modification of the child support order. Some other examples of major life events that would justify a modification can include: 

• Being laid off or fired from a long-time occupation, which impacts child or spousal support (alimony)
• Being transferred out of the state or country for work, ultimately affecting the allocation of parental responsibilities and/or parenting time
• Contracting a serious illness that requires extensive medical care 
• Suffering a catastrophic injury that results in a disability or lost wages
• One or both ex-spouses remarrying, which typically requires a reduction in spousal or child support payments

Steps for Amending a Judgment Order

To request a change to an order, one of the former spouses must file a “motion to modify” the divorce judgment. This motion is typically filed with the same court that issued the original divorce decree. The main steps to take when modifying an order are:

Parenting time (visitation) can be a sensitive topic in a divorce, since both parents typically want to spend the most time that they can with their child. However, the court determines what is in the best interest of the child when making decisions during the divorce proceedings. In some cases, one parent may have a history of drug or alcohol addiction or domestic abuse. This could impact his or her allocation of parental responsibilities, as well as parenting time. Illinois law gives the court permission to restrict parenting time as much as necessary in order to protect a minor child, including requiring all visits to be supervised. If supervised visitation is considered necessary, the court will order it and it will be part of the parenting plan. 

What Does Supervision Look Like?

Supervision is defined as “the presence of a third party during a parent’s exercise of parenting time.” Supervision may be ordered by the court if there is enough evidence that proves a parent engaged in conduct that endangered the child’s mental or physical health, or that impaired the child’s emotional development. These orders are meant to protect the child and may include any of the following requirements:

• A modification or elimination of the parent’s decision-making responsibilities and/or parenting time
• Supervision by the Department of Children and Family Services (DCFS) 
• Having an intermediary present during the exchange between parent and child, or taking place in a protected setting
• Restricting a parent’s communication with or proximity to the other parent or the child
• Ordering a parent to refrain from possessing or consuming alcohol or drugs during (or right before) parenting time with the child
• Restricting the presence of certain persons when a parent is spending time with the child
• Posting a bond to secure the return of the child following the parent’s visit 
• Completing a treatment program for abuse or for any other behavior that is detrimental to the child

The “supervisor” can be a trained therapist, social worker, or even a relative or friend. Even if the parents agree on a supervisor, the court must approve the nominee. When considering who should be a supervisor, it is important to note that professionals typically cost money, and friends and family members do not.

“We are getting a divorce,” are the five words that every child dreads to hear from his or her parents while growing up. When two parents choose to dissolve their marriage, the separation of the family follows, making life difficult for the child. Living arrangements, education, religion, and life at home can all change upon the parents’ split. Allocation of parental responsibilities (previously known as child custody) and parenting plans are established to ultimately secure the best possible scenario for a child after a divorce, although situations can change rather quickly. Adjustments can be difficult for a child, especially the addition of a new adult into the child’s life when one parent decides to get remarried. .

Unintended Consequences of Remarriage

An individual who is trying to move on from a divorce and find happiness with a new partner can sometimes overlook the side effects that his or her romantic pursuit could cause. For a child whois coping with divorced parents and trying to get accustomed to a new way of life, the introduction of a stepmom or stepdad could produce a great deal of confusion:

• When a new parent is introduced, the divorce may, for the first time, become permanent for the child, as he or she realizes that his or her parents are not getting back together.   
• After a divorce, tight bonds often form between the child and his or her mother and father. Increased attachments can develop, leading to the child developing jealous feelings and behaviors directed toward a new romantic interest. 
• A stepparent could also bring along his or her own children, resulting in drastic changes at home. If and when the new couple decides to move in together, living arrangements will once again change, which could lead to a new school and community, or uncomfortable living conditions.
• Anxiety caused by the thought of hurting a parent's feelings could arise and result in the child remaining distant from the new stepparent. 

When constant changes are occurring in one or both of the parents’ lives, the child involved could be left with the feeling of unimportance. For a younger child especially, stability is crucial in his or her development and ability to form healthy relationships.   

There are many reasons for a divorce. In some cases, it is because a couple grows apart and comes to the mutual decision to part ways. An amicable divorce typically means both partners agree on all or most of the marital issues. This makes the divorce process simple, fast, and less expensive than a contested divorce. An uncontested divorce is not always possible, especially if one spouse does not want the divorce in the first place. If a divorce is contested, it could also mean that the spouses do not agree on issues such as child support, spousal support, and the division of property. This animosity can carry over into the divorce proceedings, so if you are contesting any issues in your divorce, it is imperative to have legal counsel to protect your rights. 

Illinois Divorce Laws

In the state of Illinois, the only legal grounds for divorce is irreconcilable differences, which, defined by the law, “have caused the irretrievable breakdown of the marriage.” Also, it must be determined by the court that attempts to reconcile failed or that future attempts at reconciliation would not in the best interests of the family. Any divorce, whether contested or uncontested, begins with one spouse filing a Petition for Dissolution of Marriage and “serving” the other spouse with the papers. 

Reasons for Contesting the Divorce

The spouse who did not file can still try to contest the divorce by stating that there are no irreconcilable differences. However, under Illinois law, if the parties have lived apart in separate residences for at least six months right before one spouse files the petition, there is an “irrebuttable presumption” of irreconcilable differences between the pair. 

When a couple decides to end their marriage through divorce, they have the option of deciding how to divide their assets and wealth on their own. However, when a couple cannot come to an agreement about property division, the courts must intervene. Illinois courts use a system called “equitable distribution” to divide a divorcing couple’s marital estate. If you are considering getting a divorce in Illinois, it is important to understand how asset division decisions are made.

Marital Property and Separate Property

According to Illinois law, only marital, or shared, property is divided in a divorce. Marital property typically includes any property or funds that either spouse accumulated during the marriage. Non-marital property, or separate property, includes assets that a spouse already owned before he or she got married. However, differentiating between separate and marital property is not always this straightforward. Certain gifts and inheritances may also be considered separate property – even if the spouse received the gift or inheritance while he or she was married. Furthermore, separate property can be transformed into marital property when it is commingled with marital property.

For example, if a husband purchases a house before he got married but then he and his wife both contributed to the mortgage, the home will likely be considered marital property during divorce. Similarly, if one spouse receives an inheritance during the marriage but then deposits those funds into a shared account, the inheritance funds transform from separate into marital property. The inheritance would then be subject to division according to equitable distribution.

If you are going through a divorce, the first thing on your mind may not be taxes or financial issues; however, it is important to know that a divorce does have tax implications. Your filing status, tax consequences of maintenance payments, property transfers, and more are typically decided by your divorce judgment/order and affected by any new tax law changes.

A division of assets agreement should take into account any tax issues so there are no surprises later. If you are ending your marriage, a knowledgeable divorce attorney can help you prepare for any financial consequences.

Asset Division 

When a couple negotiates how to divide marital assets or property during a divorce, it is imperative to consider the areas that may have potential tax implications. Most marital property does not incur a tax liability if transferred, but you should consider the potential tax consequences of considerations such as: