When it comes to property division, the Prairie State is an equitable division jurisdiction. “Equitable” is not necessarily the same thing as “equal,” but there is a presumption that the divorce must not be an unfair financial burden for either party. So, to unequally divide property, a Cook County judge must be convinced that one or more of the following factors is an issue. Furthermore, the judge must also hear evidence that the proposed unequal division would not be unfair[...]
Relocations have long been a thorny issue in Chicago family law matters. One the one hand, judges like stable situations and generally abhor child disruptions. On the other hand, relocations are part of life. Most people move eleven times in their adult lifetimes. As most of these moves occur before age 40, most of them involve divorce/parenting time issues. In 2016, lawmakers significantly overhauled the Illinois Marriage and Dissolution of Marriage Act. As part of these changes, they replaced the[...]
Many divorced parents face difficult decisions about whether to take new jobs that will require moving to a new home, and sometimes to a new city and state. Prior to family law changes that took place in Illinois a couple of years ago, the process of relocation (or moving with a child) was discussed in terms of “removal.” Generally speaking, in order to move with a child before Illinois made significant changes to the Illinois Marriage and Dissolution of Marriage[...]
Given that smartphones are now so prevalent, it is relatively common for one spouse to use the other spouse’s iPhone to make a quick call or to use an app like Yelp to find a new restaurant for dinner. Is it normal for spouses to routinely look through the email accounts and text messages on one another’s phones? For the most part, spouses tend to know the phone passwords of their partners, and there are no additional password protections for[...]
Generally speaking, premarital agreements are usually a good idea for couples in Chicago who are getting married. In a premarital agreement, which is also known as a prenuptial agreement or simply a “prenup,” the parties can come to terms on issues such as spousal maintenance and property division in the event of a divorce. Some matters cannot be negotiated through a premarital agreement, such as child support. Are premarital agreements always a good thing? While they can certainly protect one[...]
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