Address 1200 Harger Road, Suite 706, Oak Brook, IL 60523
630-472-9700
Search
Facebook Twitter LinkedIn Youtube Google Blog
Kathryn L. Harry & Associates, P.C.
630-472-9700

Illinois divorce lawyerPrenuptial agreements, also called premarital agreement, are becoming more and more common in this day and age. However, many remain unaware that they are not cure-alls; there are certain things that are not permitted to be disposed of or decided within an agreement of this nature. If you are getting married in Illinois and you and your future spouse decide to execute a prenuptial agreement, you must be aware of what can and cannot be included, or you run the risk of the agreement being held to be invalid.

The ILUPAA

Illinois has adopted the Uniform Premarital Agreement Act (UPAA or ILUPAA), which establishes specific guidelines and requirements for prenups that must be upheld. A prenup is essentially a contract, and like any other contract, certain things may not be included, and certain things can only be included if done so properly. The contract does not become effective until the marriage actually takes place, but once it is effective, it will be upheld unless it was unconscionable.

...

Posted on in Criminal Law Blog

Illinois family lawIllinois law is committed, as a general rule, to safeguarding the welfare and the best interests of the state’s children. Parents’ interests are subordinate to the rights of children to have safe and loving homes, which is why any allegation of child abuse, neglect or endangerment is taken extremely seriously by authorities. If you have been accused of child endangerment, it is imperative that you understand the nature of this allegation against you so that you can respond appropriately, regardless of your innocence or guilt.

Definitions and Examples

Child endangerment is defined under Illinois law as causing or allowing a child to be “placed in circumstances that endanger the child's life or health.” This may sound quite vague, but most judges are not interested in pushing the boundaries simply because in extreme circumstances, anything and everything might be dangerous to a child’s life or health. A fact-finder will be interested in immediately threatening or dangerous actions as a general rule - examples would include leaving a young child unattended for more than 10 minutes, indulging in violent behavior or the use of illegal substances in the child’s presence.

...

Posted on in Divorce

Illinois divorce lawyerDivorce affects every aspect of one’s life, from the physical to the emotional to the financial. It is the latter, however, that can sometimes surprise people, and the tax consequences can be the most shocking of all if someone is unprepared for them. While divorce may be the best option for you and your spouse, it is nonetheless important to be prepared for the potential financial changes that may occur.

Tax Brackets and Details

Most married couples choose to file a joint return, and if you are still married on December 31 of a year, you may file jointly for that year - even if your proceedings are in motion on that date, unless a divorce decree has officially been issued, you are considered married. Once your divorce is final, however, you must file as a single person, and this can sometimes mean a change in tax brackets, though property division is usually tailored to try an avoid that.

...

Illinois divorce lawyerDomestic violence is a pervasive, unending problem in the United States, and in Illinois, victims of all genders have been feeling the proverbial pinch. Due to Illinois budget woes during the past few years, funding for shelters and crisis centers has dipped, leading to fewer victims being given shelter or assisted in other ways. Some have sought to get around this by filing Orders of Protection (OPs) against their alleged abusers themselves, but without legal help, that order may be flawed, or it may simply be ignored. It is imperative for victims to know that they are not powerless, and that there is recourse.

Misconceptions About OPs

Pop culture and anecdotal evidence tries to paint Orders of Protection as largely useless, and it is generally true that an OP will not stop a truly determined abuser. However, it will deter many, and for those it does not, the penalties for violation can add up and generate or contribute to a significant prison sentence in the end. Most violations of OPs are Class A misdemeanors, but violating an order of protection against a child, or against removal or concealment of a child, is a Class 4 felony.

...

Illinois mediation attorneyMost people who divorce choose to go through standard divorce proceedings, in family court. However, many are unaware that this is not the only option, especially if you and your spouse have a good working relationship. Mediation or another form of alternative dispute resolution can often be quicker and less involved, which means that less time and money will be spent on hashing out minutiae.

The Strengths

The main strength of mediation, as opposed to a courtroom divorce, is that much more agency is left in your hands, and many legal decisions will be entirely yours and your spouse’s - indeed, unless your mediator is an attorney, they are prohibited from offering legal advice at all. That said, it can be highly advantageous to use a mediator that is an attorney, because then they will know the law and can offer guidance on more small details of the process. Even if your mediator has a law license, they cannot demand you or your spouse do anything; they can simply advise you as to the legality of any idea you may have.

...
Lead Counsel
AVVO
Newsweek
National Trial Lawyers
Rated by Super Lawyers
Back to Top