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Prenuptial Agreements in Illinois

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, are governed by the Illinois Uniform Premarital Agreement Act. Requirements for a Prenuptial Agreement in Illinois Any Illinois couple may …

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Children’s Preferences In Custody Disputes

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 wishes as to his/her custodial parent.   Depending on a child’s age and maturity level, the Court may allow the child …

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Basic Facts Regarding Maintenance in Illinois

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 dependent spouse from the other spouse upon the dissolution of their marriage. As such a spouse’s obligation to pay maintenance …

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Active Military Duty Spouses and Illinois Divorce Law

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 rules. Residency and Filing requirements The filing requirements for an Illinois divorce action, where one spouse is on active military …

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Disposition of Property in a Dissolution of Marriage

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 can only be overcome by a showing that the property in question was acquired by one of several methods specifically …

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