Filing for a divorce, legally referred to as a dissolution of marriage in Illinois, can be a burdensome process that requires vast amounts of time, money, and effort from both parties. Ending a marriage requires the division of property, real estate, and businesses, as well as settling issues related to custody of children. Fortunately, some of the disputes surrounding these matters can be avoided through the use of a prenuptial agreement, or prenup. Prenuptial agreements have a negative connotation in some people’s minds; however, many divorce attorneys would recommend this type of agreement for any couple planning on getting married. Taking steps to determine how assets will be divided and how other matters will be settled ahead of time could save countless hours of arguing during the stressful and emotional divorce process.

Planning Ahead

Marriage can have its ups and downs. Even during happy times, it is a good idea to plan for the worst. Making decisions on matters ahead of time can save a lot of time and frustration during an unhappy ending. Listed below are a few possible marital issues that can be addressed in a prenuptial agreement:

• Property ownership

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The price of a college education these days can exceed six figures for a four-year degree. According to the College Board, the average cost of tuition and fees in 2017–2018 was $34,740 at private colleges, $9,970 for in-state students at public colleges, and $25,620 for out-of-state students at public universities. Those figures are for one year, and they do not include post-graduate degrees. Considering the expense of a college education, it is essential for parents who are getting a divorce to understand their options when determining who will pay for these costs.

Illinois Divorce Laws

The law states that parents may be required to contribute to the education of the child “as equity may require,” which means a fair division of the expenses. In the majority of divorces, the two parties create a written settlement agreement. This agreement typically, but not always, states how the parents will contribute toward their child’s educational costs. In many cases, the major considerations are:

• the parents’ incomes

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Money issues can often cause a marriage to fail if two spouses constantly argue over finances. A divorce in itself can be expensive, and it can add to what was already a significant financial burden. Filing for bankruptcy is one way that allows people struggling with debt to wipe out certain obligations and obtain a fresh start. Bankruptcy is a legal process through which people who cannot repay debts to creditors may seek relief from some or all of their obligations.

Chapter 7 and Chapter 13 are the two main types of bankruptcy people typically file. Each offers different benefits, but it is important to know that while bankruptcy can stop most collection actions against someone, it does not eliminate all types of debt. Choosing the option that is best for your situation depends on several factors, including income, property, and future goals after a divorce.

Filing Bankruptcy Before a Divorce

In many cases, people who are going through a divorce are not sure when the best time is to file for bankruptcy: before or after the divorce. Every divorce is unique, so it is best to seek professional legal help. However, there are several benefits to filing for bankruptcy before filing for divorce, such as the following:

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In Illinois and in many other states, it can seem like the odds are stacked against fathers in family law cases. Judges in Illinois have been instructed to not hold one parent in higher regard than another – therefore, in theory, this means that a father has the same parental rights as a mother. In practice, however, things often turn out differently.

While mothers often take the lead in caring for children, fathers also play a critical role in their development. Studies now show that children who have fathers or father figures involved in their lives tend to do better in school and chart a better path to success in life. Fathers also often act as caregivers, nurturers, and disciplinarians, providing invaluable love and support throughout the childhood years and beyond.

Evolution of Parental Rights

As a result of these studies, Illinois family law has evolved over time to give men more opportunities to enforce fathers’ rights while scaling back the traditional presumption that a mother would be the better caregiver. This fact notwithstanding, an Illinois father must still do more to fight for his parental rights. For example, when a father signs a Voluntary Acknowledgement of Paternity (VAP) – a form recognizing him as the child’s legal father – that form specifically states by signing the form, the father is given no rights to parental responsibility or parenting time. This means the father must pursue separate legal action to address these issues.

Father’s Rights to Parenting Time and Parental Responsibility

When a father seeks decision-making responsibility (formerly known as child custody) and parenting time (formerly known as visitation), the judge who hears the case will consider what is in the best interests of the child when making their decisions. There are many factors the judge looks at in reaching the best decision about the case, including the wishes of the parents and the child and the parents’ history of caring for the child and making decisions about how to raise the child.

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Arguments over finances can be one of the major causes of a divorce. One spouse might be a saver, and the other spouse might be a spender. Over the course of a marriage, this can lead to a great deal of conflict and ultimately ruin the relationship. If you think your spouse is acting irresponsibly through excessive spending or damaging marital assets, you can ask the court to issue a financial restraining order. This type of restraining order temporarily freezes some of the marital assets to ensure that they will not be wasted.

What Can a Financial Restraining Order Stop?

A financial restraining order freezes the marital assets for both sides. For example, if your spouse is barred from selling off any marital property, you will also be prohibited from selling off any of the property, unless you receive permission from the court. A typical order lasts 10-30 days, but it can be extended as long as necessary in order to protect the marital property, such as until the court issues a final order to divide the property.

A financial restraining order can often forbid other activities, such as:

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