prenuptial, Arlington Heights family law attorneysPrenuptial agreements, or prenups, have long been the subject of rumors and misinformation. Many people falsely assume that if a couple truly loved each other, they would not need a prenuptial agreement. This is simply not true. Prenuptial agreements provide a range of benefits, but they must be accurately executed in order to be legally enforceable. There are several issues that can make a prenuptial agreement invalid.

False Financial Information

Prenuptial agreements allow spouses to define and protect property rights in the event of divorce. Another major benefit of prenuptial agreements is that creating the agreement gives spouses the opportunity to make sure they are on the same page regarding finances. Disagreements about money are among the most common reasons that married couples split up and is considered to be the leading cause of tension in romantic relationships. Having an honest conversation about financial matters before the marriage can help prevent money-related arguments in the future. During the creation of a prenuptial agreement, each spouse must fully disclose income, assets, and debts. If a prenuptial agreement is founded upon false or incomplete financial information, the document may be invalid.

Once Spouse Did Not Consent to the Prenup

Just like other types of contracts, participants must fully consent to a prenuptial agreement in order for it to be valid. If a spouse did not legally consent to the agreement because he or she was under the influence of drugs or alcohol at the time of signing the agreement or was coerced or forced into the agreement, it will not be valid. In order to be legally enforceable, both spouses must read and fully agree to the terms of the agreement. However, proving that a spouse did not consent to a prenup can be difficult and will require help from an experienced attorney.

The Prenuptial Agreement Contains Unconscionable Provisions

Prenups typically deal with matters of property division, spousal maintenance, and other financial concerns. There are certain issues, however, that cannot be included in a prenuptial agreement. The prenup cannot contain directions regarding child custody or child support. The agreement also cannot contain provisions which are extremely unfair or those that deal with non-financial matters like intimacy or household chores. If a prenuptial agreement contains these types of provisions, a judge may call the validity of the entire document into question.

Contact an Arlington Heights Family Law Attorney

If you are interested in drafting a prenuptial agreement or you have concerns about the validity of an existing agreement, contact the Cosley Law Office. Schedule a free, confidential consultation with a knowledgeable Rolling Meadows prenuptial agreement lawyer from our firm by calling our office at 847-253-3100.



Posted in Illinois Family Law Attorney, Prenuptial Agreements | Tagged , , , ,

children, Arlington Heights divorce attorneysIf you are a parent and you have decided to end your marriage, you may have concerns about how the divorce will affect your children. Divorce can be hard for children to cope with, but studies shows that children with divorced parents can still lead happy, successful lives. In fact, being exposed to parents who are obviously miserable being married to each other may be worse for children’s well-being than the parents getting divorced. Divorce is a stressful ordeal, but fortunately, a great deal of research has been done regarding how to best help children cope with divorce.

Keep Grown-Up Conversations Away from the Kids

Even if children do not seem like they are paying attention, kids pick up on a surprising amount of adult hostility. Avoid talking about divorce-related issues like child custody disputes, property division concerns, or spousal maintenance arguments when your children are present. Being exposed to heated discussions such as these can make children very anxious and upset. Constant exposure to their parents’ arguing can also lead to social and academic problems. Furthermore, avoid bad-talking your soon-to-be-ex spouse in front of the children. Hearing negative things about the other parent, even if they are true, can make the children feel like they have to choose sides.

Remind Your Children That Their Feelings are Valid

Children can have a range of reactions to their parents’ divorce. Some may cry and show obvious outward signs of sadness. Others will get angry and yell. Still others will shut down and refuse to talk about how they feel. In some cases, children will experience a variety of emotions at different times. It is important to remain patient and remind the children that it is okay to be upset. Remind them that you still love them and that things are going to get better.

Maintain Consistency Whenever Possible

Going from a one-home family to a two-home family can be a hard transition for many children to make. In order to avoid overwhelming the children with too many changes at once, try to maintain consistency whenever possible. If your children participated in certain after-school activities, for example, allow them to continue these activities. Although you may feel tempted to spoil the children during this difficult time by relaxing household rules or forgoing bedtimes, experts say that this actually harms children more than it helps.

Contact a Rolling Meadows Family Law Attorney

At Cosley Law Office, we know how hard it can be to end a marriage when you and your spouse share children. For help with allocating parental responsibilities and parenting time, child support, and other divorce-related concerns, contact an experienced Arlington Heights divorce lawyer from our firm. Call our office at 847-253-3100 and schedule a free confidential consultation today.



Posted in Children of Divorce, Divorce | Tagged , , , , ,

contested, Rolling Meadows divorce lawyersWhen a married couple divorces, there may be many issues that they need to resolve before the divorce is finalized. If the couple has a child together, they may need to determine how to share child custody and visitation, technically called the allocation of parental responsibilities and parenting time in Illinois. They may own a home, vehicles, and other assets that will need to be divided. Many divorcing couples must also make decisions about child support or spousal support.

If a divorcing couple is able to reach an agreement about these and other divorce-related matters through negotiation or mediation, they will generally enter into an uncontested divorce. If they cannot reach an agreement without court intervention, they enter into a contested divorce.

The Basics of Contested Divorce

There are many reasons that a couple might not be able to resolve divorce issues without going to court. In some cases, a spouse simply refuses to participate in negotiation or good faith discussion about the terms of the divorce. During a contested divorce, the court hears arguments from each party and then makes decisions about the unresolved issues on behalf of the couple. The court’s decisions are based on the applicable laws and unique circumstances of the case. It is very important to hire an experienced divorce attorney when undergoing a contested divorce. Your attorney can help ensure that your rights are not violated and that you receive a fair divorce settlement. He or she will advocate on your behalf and protect your best interests.

Steps of an Illinois Contested Divorce

If you are planning to pursue a contested divorce, you may completely unsure of what to expect. Illinois divorces are all unique, but there are certain steps typically involved in the contested divorce process. These steps include, but are not always limited to:

  • One spouse, called the petitioner, files for divorce using a Petition for Dissolution of Marriage.
  • The other spouse, called the respondent, formally responds to the petition.
  • Each spouse hires a divorce lawyer.
  • Relevant information about the unsettled divorce issues is collected during “discovery.”
  • The spouses and their lawyers attend pre-trial motions and hearings.
  • The parties negotiate the unresolved issues.
  • Settlements are proposed and discussed.

If the spouses cannot agree to a settlement, they will attend a court trial which results in a formal divorce decree that is issued by the court.

Contact a Rolling Meadows Divorce Lawyer

Contested divorces are much more involved than uncontested divorces. If you think that your divorce will be contested, speak to an experienced Schaumburg family law attorney from Cosley Law Office to learn more about what to expect during the divorce process. Schedule a free, confidential initial consultation by calling our office at 847-253-3100 today.



Posted in Divorce, Illinois law | Tagged , , , , ,