Prenuptial agreements, also called premarital agreements or “prenups,” are beneficial legal tools couples can use to manage and protect assets. Although they are often associated with celebrity marriages, prenups are not only for the rich and famous. Anyone can benefit from the protections offered through this valuable legal tool, but those who choose to create a prenup must be sure to do it correctly. It is not uncommon for a couple to think that they have a legally-binding prenuptial agreement only to discover it is unenforceable during a divorce. There are several circumstances which can invalidate a prenuptial agreement.

Prenups Must Meet Certain Criteria to Be Legally-Binding

You may remember the outrageous comedy movie Liar Liar. In the film, Jim Carrey’s character is a divorce attorney helping a less-than-ethical client divorce her husband. Although the movie is filled with exaggerations and inaccuracies, the clip in which the client’s prenuptial agreement is found to be invalid in court is fairly realistic. The client had entered into a prenuptial agreement with her husband upon getting married, but it was discovered that she was only seventeen-years-old when she signed it. Minors cannot enter into legally-enforceable contracts such as a prenuptial agreement. So, if one or both of the individuals were under age 18 upon signing the prenuptial agreement, it will not be valid.

Being cheated on can be one of the most devastating experiences a person can have. The feeling of betrayal and subsequent mistrust can easily ruin a marriage. If you are considering ending your marriage due to infidelity, you probably have many questions. You may wonder, “Will my spouse’s affair affect our divorce?” or “Will I automatically get custody of the children if my spouse cheated?” There have been several changes to Illinois divorce law in the last few years which directly relates to questions such as these. Read on to learn how an affair can affect divorce proceedings in Illinois.

Unfaithfulness Generally Irrelevant to Illinois Divorces

In TV shows and movies, we often see situations in which a cheating spouse loses everything because of their adulterous actions. We see those who have been cheated on boldly declaring that they will never let their spouse see the children again or that they will lose the house because of their affair. As with many legal concepts in television, this portrayal of what happens when a marriage ends due to infidelity is grossly inaccurate. The reality is that affairs generally do not have much relevance in divorce cases.

Study after study has shown that children thrive with both parents in their lives. Except for cases involving domestic violence or abuse, having two parents involved in a child’s upbringing is generally greatly beneficial. Even parents who are not married or have gotten divorced are able to work out shared parenting schedules which allow them to both be positive influences to their child. However, according to a new study, Illinois fathers are not enjoying as much parenting time as other fathers around the nation.

Study Investigates Shared Parenting Across the Country

A study has recently been published that puts Illinois fathers at 47^th out of 50 states in terms of the amount of custody they have. Illinois children in shared parenting scenarios only spend about 23 percent of their time with their fathers. The study was conducted by a software company called Custody X Change which creates apps for divorced parents. Researchers compiled data about parenting time arrangements through a survey of legal professionals across the country. This particular study only included shared parenting scenarios in which both parents desired to have custody of their children and excluded cases involving custody restrictions due to criminal convictions.

When two people elect to end their marriage through the divorce process, one of the most important issues that must be settled is how the couple will divide their marital property. If you are considering a divorce, you have probably considered questions such as, “Who will keep our home?” and, “Will I get a fair portion of our retirement savings?” In today’s world, however, more couples than ever before also have digital assets in addition to physical property, and it is important to know how digital assets are treated in a divorce.

What Are Digital Assets?

While the term “digital assets” may be unfamiliar to you, you probably own many things that would qualify as digital assets. Digital assets include e-books, electronically stored versions of songs, and downloadable content. Most digital property has no physical representation of the property in question. Consider, for example, music stored in your iTunes library or the apps on your smartphone. They do not exist anywhere else in the physical world, so they are classified as digital assets.

When you are in the midst of a divorce, it is understandable that you might want to vent your feelings and frustrations every once in a while. Some people in such a situation may confide in a close, trusted friend, but others turn to the outlets offered by social media—especially if they believe that the posts will be kept out of public view. Unfortunately, it is often possible for your spouse and his or her lawyer to use your social media posts against you. In the most extreme situations, an ill-conceived or poorly-timed post could even cost you money or time with your children.

What Does Social Media Include?

The majority of people are familiar with the most popular social media networks such as Facebook, Twitter, and Instagram. There are, of course, many other sites and apps like Reddit, Snapchat, and WhatsApp that allow people to interact over the internet. For the purposes of divorce, the term “social media” can also apply to e-mail, text messages, and other forms of digital communication. Messages and photos sent or posted using a cell phone can be considered during a divorce, just as posts made using a desktop computer can.