Posted on August 18, 2025 in Prenuptial and Postnuptial Agreements

When preparing for marriage, many couples in Illinois choose to sign a prenuptial agreement to outline how financial matters will be handled if the marriage ends. In recent years, some couples have started including lifestyle clauses in their agreements. Before adding these provisions, you should understand how Illinois law treats them. A Schaumburg, IL prenuptial agreement attorney can help you determine whether a lifestyle clause is appropriate for your situation.

What Is a Lifestyle Clause in an Illinois Prenuptial Agreement?

A lifestyle clause is a section within a prenuptial agreement that sets rules or expectations for conduct during the marriage. Unlike provisions that govern property division or spousal maintenance, these clauses focus on day-to-day living or personal choices. For example, some couples include agreements about spending limits, child-rearing approaches, or restrictions on public sharing of personal details through social media.

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 Posted on July 18, 2025 in Divorce

The family home can be a contentious part of dividing property during an Illinois divorce. For many couples, the emotional attachment can cause stress and disputes. The first step is to determine whether the home is marital or separate property. An experienced Schaumburg, IL divorce lawyer can help you navigate property division and fight for the best possible outcome for your family home.

Is the Family Home Ever Considered Separate Property in Illinois?

Illinois law under 750 ILCS 5/503 defines marital property as anything purchased during the marriage, regardless of whose name is on the deed. Non-marital property is acquired before the marriage or is classified as a gift or inheritance. However, if non-marital property is commingled, meaning it is mixed with marital funds or jointly titled, it can lose its separate character and become marital property.

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 Posted on June 22, 2025 in Prenuptial and Postnuptial Agreements

As you prepare for marriage, you should be thinking about your financial future as well. Many couples in Illinois consider prenuptial agreements a responsible way to set expectations and avoid potential conflicts in the future. A well-written prenup will reduce uncertainty before entering into marriage, and speaking with an experienced Schaumburg, IL prenuptial agreement lawyer is the first step in drafting your contract and understanding how Illinois law applies to your case.

What Does Illinois Law Say About Prenuptial Agreements?

The Illinois Uniform Premarital Agreement Act, known as statute 750 ILCS 10/1, governs prenups and outlines what can and cannot be included, setting the rules for enforcement. For example, a prenup must be in writing, voluntarily signed by both parties, and made with full disclosure of each party’s assets and debts. The contract becomes effective upon marriage and can only be revoked or amended by both parties in writing.

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 Posted on May 19, 2025 in Order of Protection

Divorcing someone after you have endured domestic violence or abuse can be scary and intimidating. Often, leaving an abuser can increase the risk of abuse, but a Schaumburg, IL order of protection attorney can assist you in accessing court-ordered protection during this difficult time. A protective order does not provide a total barrier between you and your spouse, but it can act as a strong deterrent against abuse and harassment. Speaking with a knowledgeable legal representative allows you to address all your concerns about the impact of an order of protection during divorce. 

Orders of Protection and Home Possession in an Illinois Divorce

The most common concerns during divorce proceedings involve the division of property and the allocation of parental responsibilities, formerly called custody. How will filing an order of protection impact where you and your children live? 

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 Posted on April 14, 2025 in Family Law

When parents go through a divorce or separation, one of the most emotional parts of the process is deciding where the child will live. Many parents wonder if their child can choose which parent to live with. This is a common question in Illinois family law, but the answer is not as simple as "yes" or "no." 

While a child’s wishes may be considered, they are exclusively considered and the child does not have the final say. Instead, the court looks at various factors to decide what would be best for the child. To learn more about how these decisions are made, contact a qualified Illinois family law attorney with experience representing parents in custody cases.

Who Decides What is in the Child’s Best Interest?

Under Illinois law, custody decisions are made based on what is in the best interests of the child. Judges look at several things to figure out what living situation would best serve the child’s needs and interests, including:

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 Posted on March 12, 2025 in Divorce

Many people are aware that couples need to divide their property and other assets and resolve questions about child support and spousal support when going through a divorce. However, when mentally preparing for the financial impact of divorce, a lot of people do not realize that debt amassed during a marriage also needs to be divided among the spouses. Understanding how Illinois law handles debt division can help divorcing individuals protect their financial interests. An experienced Schaumburg, IL divorce lawyer can explain what is involved and help you set realistic expectations.

How Does Equitable Distribution Impact Debt Division?

Illinois follows an "equitable distribution" model for dividing a marital estate during a divorce, meaning that all marital assets and debts are not necessarily divided equally but instead, in a way the court deems fair. In deciding what is fair for any given couple, the court needs to consider several factors, including how long the couple was married, each spouse’s financial status and future earning capacity, and more. Depending on the circumstances, one higher-earning spouse might be ordered to take on a significantly larger portion of the couple’s debts.

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 Posted on February 12, 2025 in Family Law

People do not generally think about creating a family immediately with someone they go on a first date with, but for parents, dating can be different. As a single parent, when you begin dating someone seriously, you likely hope your child and your significant other get along. And as someone without children, dating a parent can feel like an added layer of pressure, beyond just wanting the child to like you.

Some lucky couples manage to achieve the best-case scenario where the child and the parent’s significant other develop a loving relationship. If the couple gets married, the new spouse can be called a stepparent, but if the child’s other biological parent is still in the picture, this parental role is not officially recognized by law. To understand more about the stepparent-stepchild relationship when the child has two biological parents, speak with a compassionate Illinois family law attorney.

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 Posted on January 14, 2025 in Family Law

Mediation is a powerful tool in family law cases because it offers a more collaborative approach to resolving disputes. When family members come from diverse cultural backgrounds, mediation can be especially beneficial. Cultural sensitivity in mediation helps both parties feel heard and respected throughout the process, which can make a big difference when resolving child custody, visitation, spousal support, and other matters that have the potential to make divorce more challenging than necessary. A skilled and experienced Schaumburg, IL family law attorney can answer your questions and help you understand whether mediation is the right step for you.

How Can Mediation Encourage an Atmosphere of Cultural Sensitivity?

Many communities throughout Illinois have members with diverse cultural backgrounds. The communication style and conflict resolution methods of many families are often shaped by their respective traditions. Some spouses in divorce mediation can offend and alienate each other without meaning to if the atmosphere they are in does not encourage cultural sensitivity.

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 Posted on December 17, 2024 in Divorce

Alimony, which is officially known in Illinois as spousal support or spousal maintenance, is a payment that one spouse makes to the other after they separate or get a divorce. These payments are meant to ensure that the lower-earning or non-earning spouse can maintain a standard of living similar to what they had during the marriage. 

Spousal maintenance is not automatically awarded and so it is not a given aspect of all divorces. Even if it is granted, the amount of money one spouse pays the other is determined by several factors, including each of the spouses’ employment status. A knowledgeable Illinois family law attorney can review your financial information and explain how you and your spouse’s employment can impact your alimony arrangements.

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 Posted on November 18, 2024 in Child Support

Child support arrangements are made to ensure that a child’s needs can be provided for, regardless of the financial situation of the parent responsible. Often, if one parent focused more on developing a lucrative career and the other was a stay-at-home parent, the working parent pays child support to the non-working parent. The goal is to ensure that parents can cover food, clothing, education, healthcare, and other costs for the child when they are together.

However, the purpose of child support is quite clear from its name. It is meant to cover the child’s needs, not the other parent’s. Illinois law aims to ensure that both spouses, regardless of their finances and employment, can maintain something close to their previous standard of living. That is why a couple’s marital assets will be divided fairly and why spousal support can also be ordered. 

However, child support funds are intended to benefit the child. If you believe your ex is using your child support payments for her needs, speak with an experienced Illinois child support attorney to understand your options.

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