Category Archives: DuPage County Blog

DuPage County family law attorneyFor most couples, a wedding is a culmination of months—if not years—of planning for a day that will mark the beginning of the rest of their life together. With a ceremony, reception, and honeymoon to put together, relatively few give much thought to a prenuptial agreement. However, as thousands of American divorcees would attest, developing such a contract with your soon-to-be spouse can safeguard your personal and financial well-being.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract that a couple who are going to get married may create and sign prior to their wedding. The agreement typically specifies details how the couple will split their finances in the event of divorce. This includes the division of marital property, such as the house, bank accounts, and marital debt. If you or your spouse own a business, your agreement could also outline your plan for your interests should divorce become a reality. Prenuptial agreements can also be used for other considerations, such as the payment of spousal support and the payment of attorney's fees in the event of divorce.

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DuPage County divorce attorneysUnder ideal circumstances, it can be very complicated to file your personal income taxes correctly. If you are in the midst of a divorce, the situation can quickly become even more complex. As this year's tax season gets underway, there are a few things to keep in mind that could helpful if you are in the middle of a divorce or your divorce recently finalized.

You Probably Have Choices

The Internal Revenue Service offers taxpayers the ability file their annual tax returns several different ways. Those who are legally married typically have the most options. Legally married refers to your marital status on December 31 of the tax year in question. As such, even if you filed your petition for divorce before the end of the year, you are still legally married until the process is finalized and your judgment is formally entered by the court.

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DuPage County child support lawyersMost parents are aware that in a divorce, a parent is typically required to make payments of child support to help with the costs of raising a child. It may come as a surprise to learn that the method for calculating child support payments in Illinois has not changed very much in the last several decades. Even last year's sweeping family law reforms, which updated the state's approach to divorce and child custody—now called the allocation of parental responsibilities—failed to address the issue of child support. Beginning this summer, however, child support calculations in Illinois will be handled much differently than they are today.

Understanding the Current Law

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) currently directs a court to calculate child support orders as a percentage of the paying parent's income based on the number of children to be supported. The court is granted limited authority to deviate from the set percentages due to special circumstances of each individual case. As written, however, the statute only considers the paying parent's income. The current law does not account for the recipient parent's income or time that the supporting parent spends with his or her child.

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DuPage County family law attorneySocial media networks present unique dangers to your divorce and child allocation proceedings. In criminal or personal injury cases, clients are often advised to make their profiles private so that investigators or insurance companies cannot see their posts or profiles. In divorce and child allocation actions, making your social media private may not be enough of a protective measure because there is a greater likelihood that your account is connected with other people involved in your case, including friends and family members.

Taking Precautions

When you are involved in a divorce-related legal matter, consider adjusting the privacy settings of your social media accounts. In addition to making your profile private, you may also wish to limit your posting to social media. You should keep in mind that anything you post to social media could eventually be presented in your family law proceedings. Common examples may include:

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DuPage County family law attorneysThe winter holiday season is a time that is meant to be shared with friends and loved ones. For some families, however, spending time together can be a challenge due to divorce, child-related legal matters, and other concerns. No matter what you may be going through, you and your children deserve to enjoy the Christmas season, and there are some steps you can take to help make that happen.

Be More Flexible

Shared parenting time is often a major point of contention for divorced parents around the holidays. You want to see your children on Christmas, but so does their other parent. It is important to keep in mind that fighting with your ex-spouse will do nothing to promote a happier holiday for you or your children. Try to compromise on a parenting time schedule that affords you both the opportunity to share in the joy of the season with your children, even if you do not get as much time as you would like.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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