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Recent Blog Posts
Reasons to Consider a Postnuptial Agreement During Your Marriage
Once you have settled into your marriage and you feel comfortable with your spouse, you may be preparing to spend the rest of your lives together. You might also have to reckon with not knowing what the future holds. Sometimes this simply means being realistic and accepting divorce as a possibility.
Signing a postnuptial agreement can help protect your interests as well as your spouse’s in case you ever get divorced. With the help of a Wheaton family law attorney, you can create a postnuptial agreement or "postnup" that can be used to secure your assets from property division. At Roberts PC, we can help you draft a strong postnuptial agreement that sets both you and your spouse at ease.
Using Marital Agreements to Safeguard New Assets and Property
Many people sign prenuptial agreements before a marriage to make sure that their separate property does not become commingled. Similarly, you may decide to sign a postnuptial agreement if you want to protect an asset that you acquired during the marriage. For instance, if you inherited a significant sum of money from a parent, you may want to create a contract stipulating that any of the money kept in a separate account remains yours, even if you choose to put some of it towards marital expenses.
Reasons to Modify Alimony in Illinois
If you are responsible for paying for alimony, or spousal maintenance, you might wonder when the courts will allow you to modify the regular payments – if you can modify them at all. In Illinois, a judge will only allow you to modify alimony under very specific circumstances.
If you fall behind on payments, you could be threatened with legal penalties, including contempt of court. At Roberts PC, we can help you with issues involving rigid court orders. Our Wheaton, IL family law attorneys can represent you in petitions to modify alimony, working hard to protect your financial security.
Do I Still Have to Pay Alimony if I Lose My Job?
The loss of your job can come as a heavy hit to your finances. You may wonder if you will still be responsible for paying spousal maintenance if you are suddenly terminated from your position. Like most legal questions, the answer is "It depends."
Should You Split Child Custody 50/50?
A divorce with children comes with a whole host of emotional concerns and logistical questions. As a parent, you likely just want the best for your child. Oftentimes, the biggest problem is determining what custody arrangement is in your child’s best interests. For some divorcing couples, a 50/50 split of parenting time is a sustainable solution. For others, a different ratio may be more appropriate. If you need help advocating for a reasonable custody solution, an Illinois family law attorney can represent you.
Drafting a parenting plan during a divorce should be handled with care. At Roberts PC, we can work with you to determine a long-term solution for your family’s needs.
Cooperation Matters in 50/50 Custody
If you split parenting time equally between you and your co-parent, you can expect to see him or her frequently. For this arrangement to work, you should be on at least civil terms. Being able to handle disagreements calmly is critical for a healthy joint custody arrangement.
What Makes Dividing a Business Difficult in a Divorce?
It is not easy to go through a divorce as a business owner. If you depend on your business for your livelihood, a messy divorce involving a contested division of your business could come with a heavy price. An Illinois family law attorney can look out for your best interests when it comes time to divide up your marital estate, advocating for your fair share of your business.
The division of a business should be handled delicately. At Roberts PC, we have experience negotiating for favorable outcomes in complex high-asset divorces. When you work with our firm, you will receive hands-on counsel and representation to help you properly evaluate and divide up your business.
Determining Who Owns a Business
Depending on the specifics of your divorce, you may not even have to divide up your business. When you and your spouse split up, all of your assets will be classified as either marital or separate property.
What Can I Do if My Ex Violates a Court Order?
A court order is a legally binding judgment often used in divorces. Different court orders can be set for child support, child custody, and alimony, just to name a few. But what happens if your ex refuses to obey a court order? With help from an Illinois family law attorney, you can pursue possible actions for enforcement.
Holding your ex accountable for violating a court order can be a complicated process. At Roberts PC, we know how to handle delicate post-divorce matters. Our attorneys have decades of practical experience, so you can take comfort in knowing that your case is in good hands.
Try to Resolve the Issue Outside of Court
If you want to avoid the trouble of litigation, you could try to settle the matter with your ex through negotiation. This may be best if you believe that your ex is not willfully or maliciously violating a court order. When settling the matter outside of court, you could clarify any points of confusion about the court order or discuss a modification if the current order is not feasible.
How Can I Keep My Divorce Discreet?
Getting a divorce can invite plenty of unwanted attention from friends, family, and neighbors. Ultimately, that kind of attention is just one more source of stress you do not need during the legal proceedings. If you are interested in handling your divorce with minimal spectacle, an Illinois family law attorney can help.
At Roberts PC, we are sensitive to our clients’ needs. When you work with our firm, we will fight hard to keep your case out of court, not only to respect your privacy but to save you money as well. Our lawyers have the skills and experience to help keep your divorce out of the public eye.
Drafting a Prenuptial or Postnuptial Agreement
Divorces can become raucous when disagreements come up between spouses. One of the most effective ways to get around this is to simply decide on the terms ahead of time by writing a marital agreement. Some people may chafe at the thought of signing an agreement, but in many cases, it can turn out to be helpful to have.
How Is Legal Separation Different from Divorce?
When a relationship stops working, a married couple has several avenues they can take. In many cases, divorce is a sensible choice if there are irreconcilable differences between the spouses. However, if this seems like a bridge that is too far to cross, you could consider legal separation instead. While the core concept is similar to divorce, legal separation may be a less dramatic measure.
If you are considering divorce or legal separation, an Illinois family law attorney can advise you of your options. At Roberts PC, your comfort is our priority. We will do everything we can to save you money during your case while we pursue an ideal outcome on your behalf.
You Do Not Have to Remarry in Legal Separation
One of the reasons legal separation is considered less final than divorce is that you are still technically considered married to your spouse while allowing you to live separate lives. This means that if you and your spouse eventually mend fences, you do not have to go through the tedious process of getting remarried.
When Can Alimony Be Modified in Illinois?
Alimony is often awarded after divorce to help the dependent ex-spouse enjoy a similar standard of living he or she enjoyed during the marriage. If you are paying alimony, you may have questions about when it is appropriate to modify your monthly obligations. A Wheaton, IL divorce lawyer can advocate for you and advise you of your rights regarding spousal support.
Modifying a court order requires a clear, compelling argument that justifies it. At Roberts PC, we can support you in your petition to modify alimony, presenting your case to a judge for your best interests.
What if My Spouse’s Income Changes?
In Illinois, spousal support is awarded based on financial need. With that in mind, you may have grounds to petition for a modification of support if your ex gets a significant pay increase. This is especially true if your ex previously earned less than you, but now earns an income greater than or equal to your own.
Things That Can Slow Down Your Divorce
Since every divorce is different, it can be difficult to estimate how long the legal proceedings will take. While it is true that uncontested divorces can be resolved in less time, sometimes unexpected obstacles can arise and slow the legal proceedings to a crawl. An experienced Illinois divorce lawyer can anticipate these roadblocks and help you maneuver around them.
At Roberts PC, we bring a wealth of legal knowledge gained over 40 years of practicing law. Our firm believes in the value of strategic planning during divorce, sitting down with clients one-on-one to learn their goals, and taking steps to protect their best interests. When you work with our family law attorneys, we will strive to keep your divorce moving along smoothly with minimal interruptions.
Child Custody Arrangements
Even in the most agreeable divorces, figuring out a solution for child custody may take some time. The courts will always put the child’s best interests first, so any proposed parenting plan may come under intense scrutiny. A parenting plan that serves the parents’ needs first could end up rejected.
What is Marital Property in an Illinois Divorce?
Determining what happens with marital property is a significant source of stress in most Illinois divorces. Marital property is the assets and debts that are subject to property division during the divorce process. The state adheres to an equitable distribution rule, meaning that marital assets and debts are divided fairly and justly. Understanding how marital property is defined is essential for navigating your divorce effectively.
If you have marital property questions, an experienced Illinois divorce attorney at Roberts PC can provide a free consultation today.
Illinois Marital Property Division
According to the Illinois Marriage and Dissolution of Marriage Act, marital property is all property, assets, and debts that either spouse accumulated from the marriage date until the separation or divorce date. Potential marital property that may be subject to property division includes:
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