Most people have heard of prenuptial agreements, but many consider them something that happens in Hollywood or with high net-worth couples. However, there are many reasons ordinary couples can benefit from having a prenuptial agreement. While you may think you will never split up, the fact is over half of all marriages end in divorce.

What Is the Purpose of a Prenuptial Agreement?

A prenuptial agreement is an attempt for a couple to decide how their property and assets should be split up in case of a divorce. It is like a property settlement that is agreed to before anyone is even thinking about filing for a divorce.

Problem gambling can destroy a marriage and family. The National Council on Problem Gambling reports that, in 2008 between one quarter and one half of spouses of compulsive gamblers have been abused by their spouse/the compulsive gambler. Furthermore, a 2002 study of emergency rooms across the nation found that the rate of domestic violence increased by 10.5 times when the victim’s intimate partner was found to be a problem gambler. And one 2000 study found that problem gambling is as serious of a risk factor for domestic violence as alcohol abuse.

When you decide to divorce your spouse because of problem gambling, what role will your partner’s gambling habits (and the behaviors and results that flow from these habits) play in the divorce proceedings?

Is Gambling a Ground for Seeking a “Fault-Based” Divorce?

Can someone really go to jail in Illinois if they fail to pay child support? It seems like the answer should be “no” – after all, if the court is concerned about child support obligations being paid, why would they lock obligors up in jail where they cannot make any payments? Unfortunately, as some obligors learn the hard way, courts are all too willing to put obligors who fail to pay their child support obligations in jail.

This can cause serious problems for the obligor parent, including losing his or her job. Learn more about why a court might order an obligor parent to jail for failing to make child support payments and how you might be able to avoid jail if you fall behind on your child support payments.

“I Thought Jail Was Only for Criminals!”

Divorce is difficult enough when there is one child. When two or more children are involved, the concerns about the effect of divorce on the children become magnified. Oftentimes, siblings may feel a stronger bond to different parents: while one child may feel an especially strong attachment to his mother, the sibling may feel a particularly close bond with her father. When a court is called upon to make a child custody determination, how does a court treat siblings if factors pull the court in conflicting directions?

A Refresher on Child Custody Determinations

As many are already familiar, a child custody determination as part of a separate suit or a divorce action will be made after the court considers the best interest of the child or children involved. In determining the best interest of the child in any given case, courts are free to consider a number of factors about the parents’ work and home life as well as the desires of the children (if the children are of a certain age and maturity level). None of the factors a court is to consider (as set out in the statutes) are determinative; instead the court is to take a “whole picture” view of the situation and circumstances.

Many people develop close emotional attachments to their pets. Forcing these individuals to spend any length of time away from their animal companions is (for them) akin to asking them to remain separated from their spouse or child. But Illinois divorce courts do not treat family pets in the same manner as they treat children, no matter how emotionally attached one or both parties are to the pet. How, then, does an Illinois court decide who gets the family dog (or other pet)?

Pets Are Treated as Property in an Illinois Divorce

Like many other jurisdictions throughout the United States, pets are treated as items of property. This means that during the divorce proceedings the court will determine which party gets to retain custody and control of the pet. Like other items of property divided during the divorce, there are no “visitation rights” when it comes to seeing the family pet after a divorce. In other words, if the court awards the family dog to your ex-spouse, it will not order that you be allowed regular opportunities to visit with the dog.