630-462-9500

After Hour New Client Telephone Number 630-690-6077

1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.

Wheaton family law attorney for prenupsPrenuptial agreements are legally binding documents that establish and protect spouses’ property rights, and they may also address spousal maintenance and other matters. Because many of the provisions in a prenuptial agreement only become effective if a couple divorces, prenuptial agreements, or “prenups,” are somewhat controversial. However, research shows that the popularity of prenups has been rising, especially among the millennial generation. Prenuptial agreements offer a range of benefits, but they may not be right for every engaged couple.

Rights and Responsibilities Addressed by Prenuptial Agreements

A prenuptial agreement is a contract that lists each party’s property and specifies the parties’ property rights in the event that the marriage ends. When a couple sits down to draft a prenuptial agreement, they will need to list all of the assets and debts that they currently own. Many couples find that this inventory process is beneficial in itself because it starts the marriage off with a degree of financial transparency and honesty that is absent in many relationships. 

A prenuptial agreement can be used to differentiate between marital and nonmarital property, identify how certain assets should be divided if the marriage ends in divorce, establish which debts belong to which party, address inheritance rights, make decisions about spousal maintenance, and more. By discussing these issues before getting married, engaged couples ensure that they are on the same page with regard to their finances and property. Furthermore, if the couple ends up divorcing, many of the divorce issues that will need to be resolved will already have been decided.

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Wheaton, IL Child Support LawyerChild support may be ordered to ensure that unmarried or divorcing parents share in the costs of raising their children. Typically, the parent with the majority of parenting time is the recipient of child support paid by the parent with less parenting time. Child support can be an essential resource for providing for children’s needs, but it can also be a heavy financial burden on the paying parent. This may be especially true if the paying parent has more than one child support obligation. If you share children with your current spouse and are planning to get a divorce, you may wonder how previous child support obligations will influence any additional child support determinations.

How Much Will My Child Support Payment Be?

Along with many other family law modifications, substantial changes to the way Illinois courts calculate child support were instituted in 2017. Child support is no longer simply a percentage of the obligor, or paying parent’s, income. Child support orders entered under the updated law are calculated using the Income Shares Model, which takes both parents’ income and other factors into account. Child support payments are now calculated using the following steps:

  • Both parents’ net income is combined in order to establish the overall financial resources available to the child.

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DuPage County legal separation attorneyThere are many different factors that influence the sustainability of a marriage. For many married couples, knowing whether it is time to formally end a marriage through divorce is not easy. One option that many married couples utilize when they are not ready to divorce is legal separation. However, it is important to understand that living apart or separating from your spouse is not the same as obtaining a legal separation. Couples that are legally separated are still technically married, but they gain much greater protection under the law than couples that are simply living apart. Some reasons you may consider legal separation include:

There Is Still a Chance for Reconciliation But You Want to Separate Finances

Divorce is a very definitive action. There is no undoing a divorce. If you and your spouse have had major marital trouble, but you believe that there is still a chance for you to reconcile in the future, a legal separation may be right for you. If you obtain a legal separation, you will be able to gain many of the benefits of divorce without actually ending your marriage.

When spouses are simply living apart, the spouses’ finances are still legally intertwined. This means that a spouse may be responsible for the consequences of the other spouse’s financial decisions during the physical separation period. Spouses who are legally separated are subject to a court order called a separation agreement that formally separates the spouses’ finances. Furthermore, a spouse is not responsible for debts accumulated by the other spouse after the legal separation has gone into effect. 

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Wheaton family law attorney for termination of parental rightsIllinois courts presume that it is in a child’s best interests to have both parents involved in their life. However, it takes a great deal of responsibility and attention to adequately care for a child. If a parent cannot satisfactorily provide for a child’s needs, or if spending time with the parent may put the child in danger, the parent may be considered “unfit.” When a parent is declared unfit, the courts no longer presume that it is in the child’s best interests to spend time with that parent. When addressing family law issues, the parties involved will want to understand how parental fitness laws may affect the outcome of their case.

Illinois Law Regarding Parental Fitness

The issue of parental fitness is often explored during adoption. Typically, consent from both biological parents is required for an adoption to occur. However, if a parent is found to be unfit by “clear and convincing evidence,” the parent’s parental rights may be terminated. The adoption may then be permitted even without that parent’s consent. An unfit parent is typically defined as a parent who does not have the child’s best interests at heart. In Illinois, parental rights can only be terminated through a juvenile case initiated by the state or in conjunction with the Adoption Act. During a parental fitness hearing, the burden of proof is on the party claiming that the parent is unfit.

The following issues are often used as grounds to establish that a parent is unfit in Illinois:

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DuPage County family law attorney for grandparent visitationGrandparents can be some of the most important figures in a child’s life. If a child’s parents get divorced, grandparents may worry whether they will get to see their grandchildren as often. Divorcing parents have the right to reasonable amounts of parenting time, sometimes referred to as visitation, with their child. However, parents can lose this right if they are not fit to care for their child properly. In Illinois, grandparents will not always have the right to visitation with their grandchildren, although they may be able to petition for visitation if there are special circumstances. 

When Can Grandparents Be Granted Visitation?

If you are a grandparent, and you want to ensure that you will be allowed to spend time with your grandchild, you may wonder if the court can require a parent to allow their child to spend time with you. Illinois courts may grant visitation to grandparents if one or more of the following circumstances are present:

  • The parents are divorced, and at least one parent agrees to grandparent visitation

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