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prenuptial agreementYour wedding day is quickly approaching, but you are wondering if you and your fiancée will maintain composure while discussing your mutually agreed upon premarital agreement.

The Uniform Premarital Agreement Act (750 ILCS 10) was enacted in Illinois to provide financial and property protection for those entering marriage. The statute also lays the guidelines of the anticipated union. More often than not, financial protection is the primary reason couples enter into a prenup.

It sounds fairly simple: each individual legally seeks financial protection of real property or financial interests. The prenup is to be drafted in writing and signed by both parties involved. What else do you need to know?

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divorce yard sale, garage sale, property division, divorce, Illinois divorce lawyerOne of the most acrimonious parts of a divorce can be the negotiations regarding how the marital assets are going to be divided. Even the friendliest of divorces can suddenly turn nasty over a piece of who is going to get a certain piece of furniture, book collection, paintings, etc.

The NY Daily News recently reported a story about one divorcing couple who, after a few years of fighting over how several hundred dollars’ worth of items should be divided between the two of them, are holding a "divorce yard sale." The couple will be auctioning off furniture, cars, clothing, jewelry, paintings and antiques. Selling off items that are part of a marital estate and splitting the proceeds is not uncommon. It is not only for people who are involved in high-asset divorce cases. Any couple who has items that they jointly own may decide to sell those items if they cannot reach an agreement as to who should retain ownership of which items. Depending on the value and number of the items you are looking to sell, there are several options to getting the most amount of money for your items. If you have antiques to sell, then you should contact an antiques appraiser/dealer to find out what the worth of these items is. A dealer may also be able to help find a buyer for the items. It is also probably in your best interest to have the items appraised by more than one dealer. If you have many items to sell, contact estate sale company to coordinate the sale. These companies will help coordinate how your items are marketed, selling large ticket items separately and dividing the smaller items into "lots" which multiple items sold together. Consignment shops are a great place to sell items like clothing and smaller household items, such cookware and decorating items. If you would rather not have to deal with transporting these items to the shop, there are online sites where you can also post these items for sale. On Ebay.com, your item is posted for a limited amount of time and interested parties can bid on it, just like in an auction. At the end of the auction – typically 3 to 5 days – the highest bidder wins the item. All transactions are done online and delivery is done through shipping.

Locally, Craigslist.com allows  you to list the items you have for sale online and determine cost and delivery/pickup method. It’s similar to having an online yard sale by putting you in touch with people who may be interested in your property.

However you decide to divide up your marital estate, make sure you have an experienced Lombard family law attorney representing you to ensure that you get what you are entitled to.

disabled spouse, divorce, Illinois, lawyer, attorney, support, maintenance.Deciding to file for a divorce takes insurmountable courage, especially if you are living with a disability. According to a recent U.S. Census Brief, one fifth of all Americans are facing daily challenges due to a disability. The numbers are only expected to increase over the coming decades.

One case scenario could highlight a woman with a diagnosed disability who has been married for 25 years with no children involved. Her spouse's substance abuse issues have become intolerable and after considerable counseling there is no hope left for saving the marriage. There is nothing left to do but to contact an experienced divorce attorney and move forward. For many disabled Americans facing divorce, additional circumstances may need to be taken into consideration. For those residing in Illinois, the Marriage and Dissolution of Marriage Act (750 ILCS 5) will provide for the following three areas of possible continual support: Temporary

Maintenance payment agreed upon by both parties to cover short-term expenses.

Rehabilitative

Maintenance payment to one spouse until financial independence is achieved.

Permanent  Maintenance payment of life-time payments agreed-upon by both parties. In Illinois there are several factors that will ultimately determine the type of maintenance awarded. The appointed judge will review the economic profile of each individual, joint property owned, overall age and the health of each person as well as the length of the marriage. As illustrated in the case scenario the couple had been married for 25 years. The wife has never worked outside the home and her ability to enter the job market is limited by her disability. The judge takes into consideration that even though there are laws against discrimination the woman's chances of obtaining sustainable employment are considerably less than of her male counterparts. All factors will be taken under advisement by the judge who may award a higher maintenance allowance based on all contributing factors. Based upon the nature of the disability, there may be additional considerations which should be discussed with an experienced Illinois attorney with regard to the final divorce settlement. Hypothetically, the female in our story will now be living alone and her safety and managing daily duties may warrant further discussion. Our hypothetical female will now be living alone and safety may be of concern. Additional living expenses may include the use of an electric scooter, access to a wheelchair ramp or even the need for a walk-in style type of tub surround. With the disabled spouse now living on her own without the assistance of her spouse, housekeeping issues may also be a factor in the final divorce settlement. All considerations should be given to ensure the challenges of daily life are met in order to facilitate independence. If you are one of the many Americans living with a disability and facing the challenges of a divorce, the experienced  and dependable law team of A. Traub & Associates will rise to the challenge to address your many concerns. We will work diligently to ensure all of your needs are met to reach a satisfactory settlement quickly and professionally. We will not back down from any challenge. Contact us at 630-426-0196 to schedule your consultation today.

If you and your spouse have discussed the possibility of divorce or you perceive that separation is imminent, it may be a good idea to pay attention to your marital financial portfolio. In some relationships, one spouse manages financial matters for the family, but the other spouse should stay well-informed about marital assets and debts.

 marital assetsUnder the Illinois Marriage and Dissolution of Marriage Act, an equitable split of marital assets is required in a divorce. Equitable refers to dividing marital property fairly and looking at several factors such as contributions, marital agreements, economic conditions, and marriage duration. When one spouse hides assets, an equitable solution is harder to obtain, but entirely possible when working with a knowledgeable divorce firm.

Five Red Flags for Hidden Marital Assets

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People often consider pets to be family members.  That deep affection means that cats and dogs can be sore subjects during divorce cases.  Who should have custody of the family pet when they family has split?  The fact is that legally, pets are often looked at as property when dividing assets during a divorce.  There are certain facts that can be influence the decision of where Fido ends up.

The owner of the pet is often given precedence in any pet custody case.  It is similar to the determination of separate property or marital property.   If the pet was purchased before the marriage, then it may be considered a separate asset not subject to division.  But the initial purchase won’t be the only way to pay for a pet; there are also considerations about who pays for the pet&s food and medical expenses.

The other way that custody is decided is based on who provides care for the animal, much like when determining child custody.  That could mean that the person who takes the animal to the vet or the person who takes the animal for walks can have an easier time claiming pet custody.  Another way to show who the primary caregiver of a pet is who cares for the animal during the split.

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