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The Stogsdill Law Firm, P.C.
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Naperville prenup attorneyPreparing for a wedding is a time of love and happiness. Discussions about the location of the wedding, who to invite, and the potential of children down the road can all be fun conversations. However, some discussions are much more difficult to prepare for. Broaching the subject of a prenuptial agreement with your partner can be one of the most difficult conversations of your life, but it can also be one of the most important. In the case of a divorce, the lack of a prenuptial agreement could cost you. 

When Is a Prenup Needed? 

A prenuptial agreement is a document that details exactly what will happen to a couple’s finances in the event of divorce, including how certain property will be divided and whether one spouse will pay financial support to the other. In certain circumstances, a prenup can be incredibly important, ensuring that you have a secure financial future, no matter what happens in your marriage. A prenuptial agreement can be especially helpful if you have children from a prior marriage, if one party owns a business, or if you or your partner have significant assets going into the marriage. If you believe that a prenuptial agreement is important to securing your financial well-being, speak with a qualified family law team. 

Speaking With Your Future Spouse About a Prenuptial Agreement

Having a conversation with your partner about the future of your finances can be tricky, but there are ways in which you can approach the discussion in a compassionate and respectful manner. Here are some things to consider: 

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Posted on in Domestic Violence

Wheaton family law attorneysIn the vast majority of marriages, fighting starts and ends in verbal quarrels. Still, there are thousands of marriages throughout the United States in which one spouse faces domestic abuse from their partner. Here in the state of Illinois, there are more than 40,000 adult survivors of domestic abuse, and approximately 8,000 child witnesses. While escaping a toxic domestic situation can be difficult, remaining in one can be dangerous for you and your children. If you experience domestic abuse, contact law enforcement personnel as soon as possible.

Domestic Violence Throughout the United States

According to the National Coalition Against Domestic Violence (NCADV), more than ten million Americans face domestic abuse each year. Domestic abuse disproportionately impacts women, as approximately 1 in 3 women in the U.S. experience abuse in an intimate relationship. When facing domestic violence in a marital relationship, it is critically important for the victim to remove themselves from the situation. Victims of prolonged domestic abuse are more likely to face issues of post-traumatic stress, depression, and even thoughts of self-harm.

The Impact on Children

Studies conducted by the NCADV found that 1 in 15 American children witness domestic abuse in intimate relationships. The vast majority of these situations occur in parental relationships in which one spouse is abusing the other. Witnessing this type of dangerous domestic violence can have a profound impact on a child’s development, leading to post-traumatic stress, anxiety, and depression. While some spouses believe that remaining together can be positive for the children involved, this is certainly not the case in abusive relationships.

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Kane County family law attorneysAccording to the National Highway Traffic Association (NHTSA), upwards of 1.6 million Americans are convicted of Driving Under the Influence each year. Here in the state of Illinois, drunk driving continues to pose a massive threat for law enforcement officials, as just under 2,000 people were arrested for driving drunk in the greater Chicago area, throughout 2017. Even with the sheer number of DUI arrests, a conviction can come with massive implications. If you are arrested on charges of a DUI, it is important to meet with a legal representative and explore your options, moving forward.

The Impact of a DUI

Here in the state of Illinois, a DUI conviction comes with legal ramifications that can change your life forever. A first conviction is a Class A Misdemeanor, and it comes with a year-long driving ban and suspension of vehicle registration. The real impact of a DUI conviction comes in the financial impact of hiring a legal team, the misdemeanor on your permanent record (impacting future job opportunities and potential bank loans in the future), and the recognition of the fact that a second conviction could be incredibly damaging.

The Impact of Additional DUI Convictions

The second, third, and fourth DUI convictions can come with severe criminal punishment. While a second conviction still represents a Class A misdemeanor and typically only results in minimal jail time, a third conviction within the state of Illinois can have a monumental impact on one’s life. According to Illinois State Law, a third DUI conviction constitutes a Class A Felony that may result in the loss of driving privileges for a minimum of ten years. Additionally, the convicted party will face a $2,500 fine and potential jail time of up to 90 Days in prison. In the event of a fourth DUI conviction, the driver will face a Class 2 Felony Charge, revoked driving privileges for life, potentially substantial jail time, and a possible fine of $5,000.

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The Stogsdill Law Firm, P.C.

It's now a trend with its own term. Gray divorce, a term used for individuals who end their marriage after they are 50 years of age or older, is rising, and more family law professionals are seeing clients who fit the category. In Illinois, these older couples separate with different issues than other couples who call it quits when they are younger.

Unlike couples with minor children, gray divorce individuals do not have the same needs for child custody and child support negotiations. Usually, the major issues of this type of marital dissolution are related to assets such as the home, investments and retirement plans. Individuals need to decide how the assets will be shared during a collaborative process, or they may need to have the matter settled by a judge.

Some of those with experience in the field say that divorces among older individuals are up and that the divorce rate has raised to 30 percent in this age group. Some say that it is the largest growing age section in their family law practice. Many couples report that the divorce was useful and that they harbor no bad blood against their ex-partner, but of course, this does not apply in every case.

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Tagged in: family law

Posted on in Family Law
The Stogsdill Law Firm, P.C.

The only constant in life is change. The recent overhaul of the federal tax guidelines are demonstrating the truth of this aphorism by turning old policies around and changing the way people pay taxes. In the realm of family law, the new tax rules affect how alimony payments are taxed. The new rules will apply to divorces in Illinois and other U.S. states starting in 2019.

Previously, an alimony payment was tax deductible for the person paying it. The person receiving it claimed the income and paid taxes on it. The new policy, applying to divorces finalized in 2019 and beyond, flips this rule on its head and does the opposite. The person paying will now lose the tax break and must include alimony with their taxable income. The person receiving is not obligated to dwindle the allotment further by paying taxes.

The federal government anticipates that the policy change will increase federal revenue by almost $7 billion over the next decade. The IRS has long reported issues with more deductions being reported than income being claimed. The change, it is hoped, will help turn the tables and increase available funding for the government.

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Tagged in: family law
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