5 Do’s and Don’ts of Prenuptial Agreements

The Five Do’s And Don’ts of Prenuptial Agreements

1. COMMUNICATE.  Discuss with your future husband prior to meeting with an attorney.  Have a very thorough discussion of why you want it, what you want to protect, and what you feel the advantages are to both you and your future husband.  Realize there will be concerns on each side, and each side’s concerns are valid.
Continue reading

Child Custody in Illinois

HOW IS CUSTODY DETERMINED IN ILLINOIS?

In determining custody, the Court will always look to the best interests of the child or the children.  Some factors the Court may look at are: the wishes of the parents and the child, relationships between the child with the parents and other family members, health of the parties, and a child’s adjustment to his environment, among other factors.

One factor that is very important but is often dismissed, at least by the parents who might be in the midst of a contentious custody battle, Continue reading

5 Facts About Filing for Bankruptcy During Your Divorce

  1. Filing for bankruptcy during your divorce case places an automatic stay on your divorce proceedings.  This means that your divorce case (with a few exceptions) will not proceed until your bankruptcy is discharged.
  2. Bankruptcies usually take about 3-6 months to be discharged.  This means that for those 3-6 months your divorce case will be, for the most part, placed on hold.
  3. If you file for bankruptcy, any Court-ordered child support or spousal support (maintenance) must still be paid.  These obligations do not get discharged a long with the rest of your debts.
  4. If you fail to make timely Court-ordered child support or maintenance payments, even while your divorce case is stayed, the Court can still hold you in contempt and even send you to jail.
  5. Any and all debts that are not found to be “Domestic Support Obligations” can be discharged in bankruptcy.  It is important that your divorce documentation specify that certain obligations are domestic support obligations. 

Don’t Put All Your Eggs In One Basket: Key Questions To Ask When Deciding To Store Your Embryos, Eggs or Sperm for Future Use

While many people have utilized assisted reproductive technology in the hopes of conceiving either now or in the future, the method of cryopreservation and storage of one’s embryos, sperm or eggs (also known as oocytes) has become especially relevant due to recent litigation.  Cryopreservation can take on many facets, but for the purposes of assisted reproductive technology and the pending litigation, cryopreservation is when a facility stores embryos, sperm or eggs at the requisite temperatures, whether it be a cool temperature or a sub-zero temperature, for an individual or couple’s future use.

The phrase “don’t put all your eggs in one basket” took on new meaning Continue reading

August is Child Support Awareness Month

ImageIn support of August being Child Support Awareness Month in Illinois, the following is important information regarding child support in Illinois:

Child support is paid by the parent not having physical custody of the child or children.  The non-custodial parent is the parent who may have visitation with the child or children, and with whom the child or children does not primarily reside.  Depending on your circumstances, the amount of child support that you pay will vary. Continue reading

Online Dating and The Legal Consequences of a Fake Profile in Illinois and Nationwide

The new MTV television phenom show, “Catfish”, and the recent Manti Te’o Notre Dame football scandal involving a player’s supposed online relationship, have left us begging the question: what are the legal ramifications for ‘catfish’ing someone [creating a fake profile]? Continue reading

How Long Does A Divorce Take?

If you do not belong to the small percentage of divorcing couples who have agreed on all terms of the divorce at the outset, we often hear: “Why is my divorce taking so long?” You may be wondering exactly how long a divorce takes.  Continue reading