The distribution of marital property is usually among the most contentious areas of divorce proceedings. Not only can it get very complex, but people often have strong opinions about what is theirs and what is their spouse’s. In the State of Illinois, the law follows something called equitable distribution, which means that any marital assets involved in divorce proceedings are not required to be split 50/50, but must be split fairly. There comes a time in divorce proceedings when a legal ruling will be made regarding the property division. 

Once the court hands down a judgment regarding property division, the matter is considered settled. Or is it? In Illinois, there are options for individuals interested in appealing a property division judgment. However, the process for such decisions is rigorous and often requires highly competent legal counsel to appeal a property division judgment successfully. For example, suppose you are interested in appealing a property judgment. In that case, it is strongly recommended that you hire legal counsel knowledgeable in the appeals process so that your appeal can succeed. 

Requirements for Appealing a Property Division Order

As stated previously, appealing a property division order is a complex process. As a result, if you feel you need to appeal, your legal counsel or the presiding judge may have gotten it wrong the first time. This is why hiring knowledgeable attorneys in the first place is essential so that an appeal is not necessary. Nonetheless, specific requirements need to be met to have a chance at successfully appealing a property division judgment. 

When most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent's financial situation and whether they can contribute to their child's college fund. 

If you are a parent and are interested in whether you and your ex-spouse could be required to contribute to your child's college expenses, consider contacting an experienced family law attorney who can help guide you through the process of ensuring you can develop a plan to help support your child so they can receive a college education

What to Know About Child Support and College Expenses

It is well documented that college is very expensive. As stated previously, the court will look at each parent's assets and income when determining how much each parent may be required to pay toward college expenses. In addition, the court will also look at the income and assets of the college student when making these determinations. If it is found that the student can contribute to help pay for their college expenses using their own income or inheritance, they may be ordered to do so. Notably, to standardize the process, Illinois courts use the average cost of a student attending the University of Illinois at Urbana-Champaign as the primary standard for their calculations. Parents will not be ordered to pay a total for a child’s education that exceeds the cost of tuition, room, and board at the UIUC, even if the cost of education at the child’s chosen school far exceeds that of UIUC. 

As the saying goes, “Hope for the best but prepare for the worst.” In essence, that is precisely what a postnuptial agreement is. Like a prenuptial agreement, postnuptial agreements are important legal documents illustrating how a couple’s marital assets will be split if their marriage ends in divorce or death. However, the difference between a prenuptial agreement and a postnuptial agreement is that postnuptial agreements are created after the marriage has already occurred. In this blog, we will examine three considerations when considering a postnuptial agreement.

If you are interested in creating a postnuptial agreement, do not hesitate to contact a knowledgeable attorney who will ensure your rights remain protected and respected throughout the process and that your best interests are always placed at the forefront of all decisions made. 

Why Should You Consider Creating a Postnuptial Agreement

Couples often hesitate to discuss postnuptial agreements because some people do not want to think about the prospect of their marriage ending. While this sentiment is understandable, people who are afraid to discuss postnuptial arrangements are likely unaware of the benefits and peace of mind such an agreement may provide them. Reasons to consider a postnuptial agreement include the following: 

When spouses with children decide to get a divorce, one of the most pressing matters that needs to be sorted out is how to ensure the divorce affects the children’s life to the least extent possible. As a result, determining parental responsibilities and parenting time becomes a critical issue, as children generally benefit from having both parents in their lives compared to only one parent being involved. In Illinois, a parenting plan becomes an essential legal document, usually created through collaborative methods, such as negotiation and mediation, signed by both parents and enforceable by law. In some cases, the parenting plan may be issued via court ruling if the parents cannot create it themselves. Regardless of how the parenting plan is completed, the legally binding plan will map out the parenting time schedule and which parent is responsible for making certain decisions regarding their children. 

But what happens if a parent violates the terms outlined in their parenting plan? This blog will speak about some common parenting plan violations and what can be done if your spouse has violated their part of the plan. If your spouse is violating your parenting plan, contact an experienced family law attorney who will work with you to protect your rights and ensure that the terms in the parenting plan are followed. 

Common Parenting Plan Violations in DuPage County

There are many different reasons a parent would violate a parenting plan. These reasons may include carelessness, anger, or perhaps resentment toward the terms in the original agreement. Violations of the parenting plan may include the following: 

People may be surprised to learn that Illinois Family Law encompasses more than divorce, but also includes annulment and prohibited marriage as well. Depending on the circumstances of your marriage, your marriage may qualify for an annulment on the basis that you entered into a prohibited marriage. Since family law can be challenging, strongly consider consulting with an experienced Illinois family law attorney so that any questions regarding your marriage can be answered and, if necessary, you can lawfully exit the marriage. 

Difference between Divorce and Annulment

It is essential to understand that divorce and annulment are separate. In Illinois, an annulment means that the marriage was never valid in the first place. Therefore, the court treats the marriage as if it never actually occurred. Understand that the annulment of a marriage is not a legal separation but rather a way for two people with an invalid marriage to depart the marriage lawfully. For a marriage to be declared invalid in Illinois and thus qualify for an annulment, a Declaration of Invalidity can be filed by either partner in the invalid marriage, an attorney for the state, a child of either party or the legal spouse when a bigamous marriage has taken place. Bigamous marriages are when someone enters a marriage while legally married to someone else. 

What is a Prohibited Marriage in Illinois? 

In Illinois, a prohibited marriage involves one of the following situations: