Posted on November 30, 2023 in Divorce

There are many reasons that a marriage can fall apart and lead to a divorce. Life is unpredictable, and no one knows what the future holds. When you are unhappy in your relationship, it is up to you to weigh the pros and cons on how best to proceed. What about it making you unhappy? Can it be fixed? In the event a divorce is imminent, an experienced divorce attorney can offer their legal services to help guide you throughout the proceedings.

Physically Abusive Spouse

Anything from physical harm to emotional manipulation can be considered abuse. No one should have to deal with any form of abuse from a spouse. Once a pattern of abuse has been established, it does not take long for it to become an endless cycle. If you are experiencing abuse in your marriage, it may be time to cut things off for good. Seek counseling, seek help, seek a lawyer.

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 Posted on November 27, 2023 in Postnuptial Agreements

Postnuptial agreements and premarital agreements are almost identical. The primary difference is that premarital agreements are generally used to protect your past and current assets before marriage. In contrast, a postnuptial agreement can protect future assets after the wedding occurs. For more in-depth coverage of premarital and postnuptial agreements and their uses, consult an experienced family law attorney.

What is a Postnuptial Agreement?

Often referred to as a postnup, a postnuptial agreement is a legal contract usually outlining how assets will be divided in the event of divorce. It is a contract written and signed by both spouses after a couple is legally wed. They have become increasingly common in recent years and provide numerous reasons for their existence that can benefit any marriage.

Protect Your Wealth

The most common reason for a postnup is to protect one's assets, especially those who are substantially wealthy or who expect to inherit significant wealth in the future. A postnup can help ensure your assets remain your own and avoid fair and equitable distribution by the court.

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 Posted on November 14, 2023 in Spousal Maintenance

Known as alimony in most other states, spousal maintenance is meant to support one spouse during or after a divorce is finalized. The reasons for a spousal maintenance order will vary, but generally, it is to maintain their current standard of living. Only in extreme cases will spousal maintenance be granted indefinitely. To better understand the reasons for spousal maintenance, you should consult an attorney with experience in divorce cases.

Types of Spousal Maintenance

• Temporary Support: Typically only awarded while a divorce case is still pending. It enables the low-earning spouse to maintain their current financial status during the divorce process.
• Fixed-Term Support: Support granted for a set duration in which the paying spouse makes consistent payments to the low-earning spouse to keep them “afloat” while they work toward building themselves up financially. It usually lasts until the low-earning spouse completes job training or education. The court expects the recipient to make a good faith effort toward the completion of their educational goals or achieving self-sustaining employment.

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 Posted on November 03, 2023 in Divorce

Rental properties can be a point of contention in any Illinois divorce. Understanding whether or not a rental property is considered marital property will go a long way in determining how it will be divided during divorce proceedings. Anyone who plans to dissolve a marriage and owns rental properties should also understand Illinois laws and the rights and responsibilities regarding them. An attorney with experience handling these cases will be helpful during a property division hearing regarding your rental assets.

What is Marital Property?

In Illinois, marital property is most property or assets acquired during a marriage. Any property acquired before a marriage is considered non-marital property. Exceptions to marital property considerations are:

• Assets excluded in a premarital or postmarital agreement

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 Posted on October 24, 2023 in Relocation

It is not uncommon for parents to want to move with their minor children while a family law case is pending. Though it may not affect the case outright, relocating with a child during an ongoing case is possible temporarily. Before final allocation judgment, a court can grant temporary relocation of a child as long as it is in the child’s best interests. Navigating Illinois parental allocation laws can be difficult. An experienced lawyer experienced in such legal matters would be a boon to your case.

Relocating After Parental Rights Allocation is Finalized

Any move after the allocation of parenting rights has been entered will require notification to the other parent. Parents with equal or majority parenting time must obey Illinois relocation laws in this matter, as a move is considered a change in a child’s primary address. It is considered a relocation if:

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 Posted on October 12, 2023 in Divorce

Illinois is a no-fault state. So, regardless of domestic behavior problems or abuse, either spouse can file for divorce at any time. Domestic violence’s impact on divorce is felt more so when it involves children. If you suspect violence or have been on the receiving end of it yourself, seek safety immediately. Once you and your children are safe, your next call should be to a trusted attorney experienced in domestic violence cases.

What Does Illinois Consider Domestic Violence?

Domestic violence is harassment, injury, or threat of injury to a family or household member. Household and family members under Illinois law:

• Blood relatives
• Married couples
• Dating couples or ex-couples no longer dating who share a home
• A roommate
• Individuals with shared children
• People with disabilities

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 Posted on October 03, 2023 in Prenuptial Agreements

A prenuptial agreement, premarital agreement, or prenup, is a contract that two people enter into before they get married. A prenup can be used to establish the rights and responsibilities of each spouse in the event of a divorce or death. There are many reasons why couples might choose to get a prenup.

A prenup can be a valuable tool for protecting your assets, your children, and your financial future. When considering marriage, it is important to talk to an attorney to discuss your options and to make sure that you understand the terms of a potential prenup.

Reason #1: Protecting Your Assets

Significant assets, such as a business, real estate, or investments, should warrant a prenup consideration. Establishing a prenup can help to avoid conflict and save money on legal fees should a divorce occur. By having a prenup in place, you and your spouse can avoid having to negotiate the division of assets and debts in court that were written into the agreement. Marital assets are still subject to a court-ordered equitable split under most circumstances (see postnuptial agreements).

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 Posted on September 27, 2023 in Child Custody / Allocation of Parental Responsibilities

Custodial interference occurs when a parent prevents the other parent from having their court-ordered visitation with their child. This can be done in a variety of ways, such as:

• Refusing to let the child go to the other parent's house
• Hiding the child from the other parent
• Moving out of state without the other parent’s permission
• Picking up the child early or dropping them off late
• Showing up unexpectedly during the other parent’s parenting time
• Keeping the child from talking to the other parent on the phone or video chat

Custodial interference is a serious problem that can have a devastating impact on you and your child. There are steps you can take to protect your rights and your relationship with your child. It starts by contacting a family law attorney who can help you understand your options and can represent you in court if necessary.

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 Posted on September 13, 2023 in Divorce

You currently reside in Illinois and are in the process of a divorce. Unlike many couples who are experiencing this landmark decision, you and your partner are on amicable terms. Rather than fight and shout at each other, you have simply grown apart.

You may be wondering if this arrangement is unusual and you may be unsure as to how to proceed with a divorce. However, we assure you that you are not alone. An experienced lawyer can assist you through this difficult time. Here at Calabrese Associates, we are here to help you throughout the divorce process.

Under What Conditions Is Someone Allowed to File for Divorce?

Illinois is a no-fault divorce state. This means a couple does not need any specific reasoning in order for the divorce to be granted. Rather, the pair can simply state that they can no longer function as a couple and the court can grant them a divorce. While this may seem like an easy process, how quickly and efficiently the divorce moves will depend on how much the couple is willing to negotiate on various legal matters.

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 Posted on September 07, 2023 in Divorce

Divorce is usually a challenging process. It is not a surprise that if you are in the process of divorce, you may have many questions about your future. One issue that might come up is whether you will receive full parenting rights (defined in Illinois as having the authority to make decisions for a child and the ability to spend time with a child as her caregiver).

It is true that this path can be complex. Perhaps you might worry that since you are the father, you will not receive parenting rights. But you should not feel hopeless. An Illinois family law attorney can assist you. Here at Calabrese Associates, we are here to help navigate your journey, and we will do our best to help.

Why the Courts Favored Women in the Past

For a long time, many believed that the mother should have full parenting rights for her child. This assumption is based on two central reasons:

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