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What You Need to Know About Cohabitation Agreements in Illinois

As more and more couples are choosing to live together without getting married and raise families together, cohabitation agreements have risen in popularity in Illinois. Many people believe living together without tying the knot frees them from certain obligations. A cohabitation agreement ensures the individuals involved in the agreement are protected against such assumptions. What is a Cohabitation Agreement? A cohabitation agreement is basically a prenuptial agreement without the nuptials. The main difference between it and a marriage is the...

When Determining Child Support, Are Gifts and Loans Considered Income?

Illinois’s child supports laws are strict when it comes to determining net income because courts base it on ‘all income from all sources.’ However, if you are a non-custodial parent and want to give your child a present or take care of student loans for them, how does this affect child support? Are Gifts and Loans Considered Income? In most situations, gifts are not considered income for the parent who receives them, unless they are provided on a regular basis by the non-custodial parent. Even though the law controls how monetary gifts ar...

When You Should Sign a Divorce Settlement Agreement

A divorce is far from easy. With the stress, heartbreak and emotional upheaval a divorce brings, it can be difficult to get through. While the settlement you come up with can provide clarity during this difficult time, signing it without making sure it can provide a stable future for you and your family is not in your best interests. The aim of a divorce settlement is to set agreements you and your spouse agree on before it is finalized. This can include child support, parental responsibilities, spousal maintenance and property division. Howeve...

Reasons to Go Back to Court Post-Divorce/Judgment

A divorce can leave emotional devastation in its wake, but your troubles should stop after the proceedings are complete. However, if the settlement is not in your best interests or your circumstances change after it has been finalized, updating the settlement is a good idea. At that point, you will need to return to court to get the settlement updated or changed. When Should You Modify The Divorce Settlement? Typically, changing the divorce settlement can become necessary if one or both spouses undergo substantial changes personally and/or fina...

Do You Need Protected Parenting Time With Your Children?

As a non-custodial parent, your visits to your children are restricted. If your actions have had a negative impact on your children’s physical and emotional health, the court can place greater restrictions. Generally, visitation is not set in a joint or sole custody situation unless a child’s welfare is at stake. In Illinois, courts use the term parenting time instead of visitation because visitation is deemed more appropriate for family law concerns. The aim of courts is not to determine winners and losers, but to ensure both parties can c...

How Family Mediation Can Help You During Your Divorce Proceedings

A divorce can be emotionally devastating for a family. During this time, figuring out who gets what in the settlement is the last thing on anyone’s mind. However, delaying those critical decisions can lead to more heartache and fights in the future. This is where a family mediator can prove invaluable. What Is Family Mediation? Family mediation is a process where spouses are aided by a neutral third party called a family mediator. The mediator’s job is to listen to both parties and help them overcome differences long enough to identify and ...

Thinking of Remarrying? Consider Your Current Divorce Settlement and Other Financial Matters

In case of a divorce, Illinois will award alimony or spousal support to a spouse who is financially dependent or who cannot support himself/herself after the separation. Even though this can be maintained indefinitely, a drastic change in circumstances can merit modifications on the original agreement. One of the most common changes includes remarriage and/or cohabitation. Here are some ways it affects alimony for the receiving spouse and the paying spouse, depending on who is remarrying or living with another partner: Effects on the Receiving ...

Evaluation of Business Assets and Commercial Holdings in a Divorce

If own a business and are going through divorce proceedings, the business can be considered a marital asset and split accordingly. However, allocating a fixed monetary value to an enterprise or commercial holdings is challenging. To divide these fairly, the court needs evidence of their existence and how much the business is worth. There are a few ways a business or property can be assigned a monetary value as part of a divorce judgment. Some of them include: The Market Approach This approach for evaluating a business compares it to other enter...

Benefits of a Divorce Support Group

A divorce can be a painful and heart-wrenching experience, which can make even the strongest of individuals fall to their knees. Suddenly, your life has been turned upside down, the people who claimed to be your friends disappear and no one can understand what you are going through. If you find yourself in this situation, joining a divorce support group with similar individuals who are experiencing and dealing with same ordeal you are will be a healing experience for you. Here are just some benefits a divorce support group can offer:   L...

What a Protective Order Does for Domestic Violence Victims

Domestic violence is a serious issue that can break apart families and usually end with couples in divorce court. In the state of Illinois, victims, regardless of their gender, can get a court order to block their abuser from the family home for their own safety and the safety of their children. This court order is called a Protective Order and it is enforced by the police to ensure victims are protected against their abuser. To qualify for one, the victim must have been threatened, harassed, injured, or restrained unlawfully by the abuser, who...

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