Purpose of a Prenupial Agreement A prenuptial agreement (also known as a premarital or antenuptial agreement) is a legal means for a couple to protect the assets each is bringing into a marriage and to codify a variety of rights and obligations that may arise as a result of their marriage. In Illinois, prenuptial agreements, …
Children’s Wishes on Custody Do Not Control Under Illinois law, children do not decide or choose which parent will be their custodial parent. Instead, custody must be determined by the Court in accordance with the child’s best interests. In making such a determination, the Court is mandated to consider all relevant factors, including the child’s …
What is Maintenance? The term “alimony” is no longer recognized in Illinois law. Instead what was formerly known as “alimony” is now called “maintenance.” However, maintenance, alimony, and spousal support all refer to same thing: an amount of money determined by the court (or by agreement of divorcing spouses) to be paid to a financially …
An Overview An Illinois divorce, involving a spouse on active military duty, creates several unique issues when compared to a typical civilian divorce. Generally, while the Illinois Marriage and Dissolution of Marriage Act (“the Act”) controls a military divorce, properly in Illinois, the provisions of the Act may be affected by applicable federal laws and …
Active Military Duty Spouses and Illinois Divorce Law Read More »
Marital Property Defined Under the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”) all property, acquired by either spouse after the marriage and before the marriage is dissolve or declared invalid, is presumed to be marital property and includes assets acquired by either spouse after court proceedings have begun. The presumption of marital property …
Disposition of Property in a Dissolution of Marriage Read More »
