More future spouses are turning to prenuptial agreements these days, as people realize the many benefits of this document. You and your future spouse need to start the conversation someplace, and it is not always an easy talk to have. How you raise the topic could influence whether your future spouse is willing to consider it. An Illinois prenuptial agreements lawyer can help you prepare and plan for this discussion and the agreement process. 

Explain the Benefits of a Prenuptial Agreement

Human nature is that a person needs to see how something is in their own self-interest. There are obvious reasons why you would want a prenuptial agreement, but you need to explain why the other person should want one too. For example, it can assure the other spouse a certain amount of property in the event of the divorce.

Choose the Right Time to Have the Discussion

A prenuptial agreement is a serious matter. You and your future partner are entering into a contractual agreement that should be enforced if and when it is necessary. Both people need to be in the right frame of mind to have this discussion. If your partner is under stress, or they are dealing with other serious things, it may be better to wait to have the conversation. 

In some cases, your ex-spouse may have filed for and received a restraining order against you. The order may require that you remain a certain distance or refrain from contact with your ex-spouse. You may be wondering whether a restraining order will keep you from visitation with your children. A Wheaton child custody attorney can give you advice, which will depend on the specifics of your situation. 

The Best Interests of Your Children

If you have been accused of domestic violence, the court may make a separate determination about whether you would pose a danger to your children. Above all, the court wants to provide a safe environment for your children. They will also weigh the importance of your relationship with them when they determine the best interests of the children. The considerations could be different when the court believes that the children may be harmed.

Supervised Visitation with the Children

Still, there are options that could still allow you to spend time with your children, even when there is a restraining order. The court could allow for supervised visitation with your children, until the domestic violence accusations are resolved, or the court decides that you do not pose a danger to the children. Here, you would meet at a neutral facility with a state-appointed supervisor present. Although it may not be what you want, you would still get visitation. 

Divorce is a complicated affair and often involves addressing a range of emotional and financial concerns, including alimony, also known as spousal maintenance or spousal support. Alimony is one of the most contentious issues during divorce since a spouse may be unwilling and unhappy about making payments to their ex-husband or ex-wife. However, there are several situations where alimony is necessary, and divorcing couples need to understand how alimony laws apply to their specific case.

Who Can Recieve Alimony? 

Divorcing spouses can negotiate the terms of alimony and reach their own agreement regarding the duration and amount of alimony to be paid. Alternatively, a spouse can petition the court for a sposual maintenance award. If the decision is left up to the court, the court will consider the following factors when deciding whether alimony is appropriate in a divorce case: 

• The age and the physical and emotional condition of the receiving spouse

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According to Illinois law, biological fathers are not automatically considered legal fathers of their children if they are not married or in a civil legal union at the time of the child’s birth. This is the case even if both parents live together or plan to marry. In other words, a father will not have grounds to pursue custody until he establishes paternity. 

If you wish to establish paternity in DuPage County, Illinois, here are some ways you can do so:

Acknowledgment of Paternity 

If both parents agree on the biological father's identity, they can sign a Voluntary Acknowledgment of Paternity (VAP) form. This can be done right after the birth of a child at the hospital so that the father’s name can be added to the birth certificate after the form is filed through the DHFS.

Couples in a high-asset divorce case have a lot to lose. If they own a business or a stake in a business, they need to hire divorce lawyers who are proficient in business valuations. The process requires an accurate account of the entire marital estate. While assigning values to non-complex assets such as furniture and vehicles is simple, assigning one to complex assets such as business interests requires professional legal aid.

When a Business Is Considered a ‘Marital Asset’

The state of Illinois uses 'equitable distribution' to divide property between spouses during a divorce. This means both parties receive a fair and equitable portion of marital assets. If a business was founded while the couple was married and before they were legally separated or divorced, it is likely considered a marital asset. 

However, if either party owned a business before marriage, some of their business assets may also be considered marital property. Additionally, business interests stemming from the non-marital property can be converted into marital property if they are commingled with other family-owned assets. This includes shared accounts which are used to manage business and family finances.