In hostile divorces, couples are often unable to come to an agreement about important issues such as parenting responsibilities and the division of assets. These issues can become contentious to the point where a trial is the only way to reach a resolution in the divorce.

When a divorce goes to trial, a judge will make decisions about contested issues according to Illinois law. However, before such decisions can be made, the judge needs to understand the divorcing couple’s situation. Each spouse’s attorney will make an argument to the judge and try to convince them that their client’s perspective is correct. One way to do this is through the use of something called an expert witness.

What is an Expert Witness?

An expert witness is an individual whose experience qualifies them to form an opinion regarding an issue relevant to the case. The witness testifies before the court about things such as child welfare, a parent’s mental health, or a business’s financial value. A spouse could independently hire an expert witness to advocate for their perspective, or the court may require an expert witness and require one or both parties to pay the cost.

Prenuptial agreements are becoming more common in Illinois marriages. However, many people have never heard of a postnuptial agreement. Prenuptial and postnuptial agreements are actually quite similar; the main difference is that a prenuptial agreement takes place before a wedding, and a postnuptial agreement happens after the wedding has already happened.

If a couple is already married, it may seem odd to write a postnuptial agreement. But often, engaged couples are so busy planning the wedding that the less exciting financial elements of their relationship take a backseat. A postnuptial agreement is a way to address those issues that may have been overlooked during the honeymoon stage.

What is the Purpose of a Postnuptial Agreement?

Just like a prenup, a postnuptial agreement is a legal contract wherein spouses agree ahead of time on the way certain things will be addressed during the marriage and in the event of a divorce. One way postnuptial agreements do this is by determining what was “premarital property” – assets owned by only one spouse before the marriage – and what is “marital property” – assets acquired by both spouses during the course of the marriage.

Most parents who get a divorce in Illinois settle on a schedule for sharing parental responsibilities for their child. When the divorce first happens, courts will help parents draft a parenting plan known as a Parental Allocation Agreement.

These agreements outline the duties and responsibilities of each parent, including which home a child will spend some or all of their time in, special arrangements for holidays and other occasions, and decision-making for things such as the child’s education, religious instruction, and healthcare.

Parenting plans can also contain a provision regarding a concept called “the right of first refusal.” In this post, we will discuss what the right of first refusal is, how it is meant to help children, and how it will affect your responsibilities as a parent.

Once an Illinois divorce decree is final, child support payments become a legally binding obligation. In addition to the devastating consequences a lack of timely payments can have on a family’s financial needs, there are serious legal consequences for failing to pay child support. Spouses cannot simply agree to re-negotiate child support themselves; any modifications to child support must be made by a court order.

The paying parent may fall behind on child support payments because of a change in their financial situation, or because they simply stop paying. Regardless of the reason, recovering unpaid child support can be a frustrating and time-consuming endeavor. Fortunately, there is legal recourse available for parents who need to recover past child support payments.

Legal Consequences

The State of Illinois takes the welfare of children very seriously. There is a specific law, called the Non-Support Punishment Act, that lists several behaviors for which a non-paying parent may face criminal charges. According to this law, a person can be held accountable for failure to support if he or she has the ability to provide the support and does one of the following:

In our last post, we discussed some common issues unmarried fathers confront when they are trying to obtain custody of their child in Illinois. Whether they were previously married to their child’s other parent or not, all fathers seeking custody will have to show that they can act in the best interests of their child.

Research on the benefits of fathers being involved in the lives of their children is overwhelming, and Illinois courts are more willing than ever to allow both parents to have a presence in the life of a child, as long as it will be in the child’s best interests. Here, we look at some things you can do to increase your chances of winning custodial responsibilities for your child.

Build a Relationship with the Child

Building relationships with children takes time and effort. After divorce or separation, children may be angry or withdrawn. Stick with your child and make a sincere, ongoing effort to connect with them in a loving and supportive way. If you have a clear record of communicating with your child, you will not only be more likely to get custody, you will be more likely to have a positive relationship with your child.