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Belleville Family Law Blog

Will you consider creating a prenuptial agreement?

As your wedding day closes in, it's only natural to think about the future. This could lead you to consider the benefits of creating a prenuptial agreement. While this may be something you are thinking about, you never know if your soon to be spouse is on the same page.

At some point, sooner rather than later, you need to discuss the benefits of a prenuptial agreement with your partner. Even if you don't act on this legal document, you should at least learn more about what it can do for you.

What are the reasons to consider divorce mediation?

If you come to find that you have no choice but to move forward with divorce, you'll want to learn more about how the process will unwind.

There are people out there who think that divorce is nothing more than fighting with their ex-spouse in court. This doesn't have to be the way things work out, as mediation is an option.

What are the reasons for asserting paternity?

Generally speaking, there are two primary reasons for asserting paternity:

  • An unmarried father is interested in having a future relationship with a child he believes to be his
  • An unmarried mother wants the father to share in the responsibilities of raising the child

In either case, it's important to establish paternity. The easiest way of doing so is with DNA testing, as this will make it clear as to whether or not the man is the father of the child. Even with this opportunity on the table, there are other ways to establish paternity:

  • Both individuals agree that the man is the father
  • The man was married to the child's mother when it was conceived or born
  • Requesting that the man's name appears on the birth certificate
  • Receiving an order of paternity from the Illinois Department of Public Aid

Timing is key when talking to a child about divorce

Divorce can be a minefield for parents with young children. Although you and your partner may know that you are moving forward with the divorce process, it doesn't mean your child is on the same page just yet.

You need to have this conversation with your child at some point. While it sounds simple enough to tell him or her about your divorce, this is easier said than done.

How do you bring up the topic of divorce?

Telling your spouse you want a divorce is one of the most difficult things you may have to do. You hope that your relationship never comes to this, but there is always the chance you could face serious trouble at some point in the future.

Bringing up the topic of divorce can be almost as difficult as the process itself. If you find yourself in this position, here are a few things you need to do:

  • Lay it all out on the line. It's best to get everything into the open as soon as possible, so there is no reason to hold back.
  • Choose the right time. Don't discuss divorce at a family dinner or on vacation. You need to set aside alone time to talk about your relationship and the next move.
  • Know what you are going to say. It can be a challenge to ask for a divorce, so don't be surprised if your mind goes blank when it comes time to have this conversation.
  • Be calm and kind. As upset as you may be with your spouse, you should remain kind and calm throughout the conversation.
  • Safety comes first. If you have reason to believe that your spouse may get upset to the point of being violent, it's best to discuss divorce over the phone or in a public place.

Man sues ex-wife for wiretapping his emails during divorce

An Illinois court is about to hear quite an interesting case involving claims of wiretapping by an ex-wife. The lawsuit, which finally hits court after being filed six years ago, claims that the plaintiff's ex-wife obtained his emails and used them to get a better settlement in the couple's divorce.

The couple had been married for 46 years before the wife filed for divorce in 2011. While the couple was separated the wife acquired, read and used emails from her husband's email account to work towards a favorable settlement for her. Now, the ex-husband is suing, claiming that the woman violated federal privacy and wiretapping laws.

Which custody arrangement is truly best for my child?

Deciding how you and your child's other parent will share parenting duties and privileges after your marriage or partnership ends can certainly feel overwhelming. If you feel overwhelmed by such a scenario, you should know that you are absolutely not alone.

For many parents, this struggle makes it very difficult to maintain a healthy perspective on what life looks like on the other side of a custody dispute, or what the child at the center of the conflicts really needs.

Marital property division: What should you be doing?

There is no doubt that a divorce will involve a variety of challenges, such as those associated with child support and custody. However, it's the division or marital property that is often the most important detail.

In a perfect world, you would be able to work closely with your former spouse to fairly divide all marital property. While some are able to do this through mediation, others are not willing to budge an inch.

Do these things to raise your children after a divorce

Once your divorce is in the books and you are moving forward on your own, it's time to take control of your life.

This means many things, such as learning how to best raise your children. Since the other parent may still be in the picture, there are steps you need to take to get on the right track from the start:

The challenges of resolving family law disputes

As you move through the divorce process, it's safe to assume that you will face one challenge after the next. Even if you and your ex-spouse are doing your best to keep things cordial, there will be times when you're faced with a difficult situation.

There are many types of challenges that can move to the forefront. For example, you may have questions regarding child custody and child support. Along with this, it's natural to be concerned about property division, with both individuals fighting to get their "fair share."

When you are ready to discuss your legal issue with an experienced Illinois lawyer, we will be here for you.

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