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Family Law & Divorce


Can I Get Back My Inheritance I Used to Help Purchase Our Home During My Illinois Divorce?

Yes, it is possible to get your inheritance that you used to assist in purchasing your home during your divorce under a condition. That condition is if you had some form of written agreement with your spouse establishing clear and convincing evidence regarding from where the funds came. Our team here at Mirabella, Kincaid, Frederick & Mirabella, LLC can help expand on any further details in recovering inheritance money upon a divorce.

The large issue that often arises in these situations is if you and your spouse do not have any formal written agreement distinguishing which funds belong to who, such as your inheritance. When no agreement has been made, you will be expected to find and supply evidence stating that the money from your inheritance was not intended for your marital estate. If everything that you provide is considered sufficient enough evidence, the courts will often rule in favor of the money being given back to you.

Although that may sound easy, you cannot simply state that you did not intend for the money to be given to the marital estate. Finding evidence to prove that fact is quite difficult. In the event that you cannot convince the courts, the money will be considered a contribution towards your marital estate. However, there may be a decent chance that you can receive some form of reimbursement for the contribution instead of the full amount. At this point, our team at MKFM Law can step in to help gather such evidence to support your claim before the courts to give you the best case possible.

For decades, our offices have been tackling cases involving divorce disputes such as these types, family laws, and some criminal cases. You may contact our office so that we can examine your situation and determine the best option. The phone number for our office is 630-665-7300 and on occasion, we can provide free initial consultations. If you are in Kane, DuPage, or Kendall County, do not hesitate to call us for more information.

Can I Get My Down Payment on Our Marital Home Back When We Divorce in Illinois?

Dividing your property and assets back to you and your spouse during a divorce can be quite challenging. One example on how to receive that money back would be if you were to have a written agreement with your spouse. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help look over your case and explain some other plans of action to try to get your money back.

If you were to use your pre-marriage earned money towards a home with the intention of it being for you and your spouse, it could prove difficult to get those funds back. If you and your spouse do not have a written agreement stating in specifics regarding your money, the chances may be slim.

However, there are some other ways to see if your money can be given back. For example, if the money that you used as a down payment on your house was kept completely in your own name and not jointly with your spouse. In that case, the money will most likely be treated as a gift towards the marital estate. This will lead to the amount hopefully being divided equitably by the court because Illinois distributes assets in that fashion and not equally.

Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC has been taking on cases that pertain to these exact types of circumstances for decades. If you have questions in regards to your particular situation, please contact our office to set up an appointment with one of our attorneys to help you right away. The phone number for our office is 630-665-7300, and on occasion, we can provide free initial consultations. If you are in Kane, DuPage, or Kendall County, do not hesitate to reach out. We can provide information on recovering pre-marital funds or other questions that you have in the divorce process.

What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?

Before you and your spouse's prenuptial agreement can be enforced, it needs to be inspected for the validity and enforceability of the mentioned agreements in the document. Some of these can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you, whether you are calling your prenuptial agreement into question or want clarification when drafting one.

Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act because there are prenuptial agreements that are not enforceable or valid in certain circumstances. Even if the prenuptial agreement passes the challenges made towards it, there could still be aspects that fail to disclose some marital assets. A common issue that occurs is the failure to provide what assets were accumulated before and after the date of marriage. This is just one of many possible problems.

If one of the spouses will receive a disproportionate amount of the assets that is not equitable, the court may not rule in favor of the marital agreement. This often happens when one spouse does not reveal all of their assets and debts before signing the agreement. It is important to remember that prenuptial agreements can be brought into question even if it seems like you and your spouse thought of everything in the legal planning process before marriage.

At MKFM Law, we have been assisting clients during divorce and other family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you and your spouse have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300, so we can help you right away.

New 2017 Child Support Law: How Much Child Support Will I Have to Pay In Illinois?

Changes are coming later in July 2017 regarding child support laws in Illinois. This can potentially modify an existing order or directly affect one you may be working on currently if you are in the middle of a divorce. Allow our team at Mirabella, Kincaid, Frederick & Mirabella, LLC to elaborate on what these new child support changes can mean for you.

Illinois family laws are often changing, and it can be difficult to keep up with everything that is happening. That is where our team can help. We will break down these new guidelines regarding child support payments to assist you with your case. The current laws read that the percentage of support is calculated by how many children you have. Starting in July 2017, this system will no longer be the rule. Illinois will be removing the existing laws in exchange for a percentage guideline with the income share model.

This model has been enforced in a large amount of the states across America. This model takes into consideration the income of both parents. This is not necessarily bad news for certain situations. In some circumstances, this law could, in fact, conclude that your child support obligation payment can be reduced. If you believe you are entitled to a reduction or are curious why your spouse's obligation is changing, contact an attorney right away.

At MKFM Law, we work diligently to form the best possible plan to tackle your legal issues head on. Our firm has been established for decades and is proud to have lawyers focusing in multiple areas such as family law, divorce, criminal law, employment discrimination, and sexual harassment. If you need legal representation for one of these areas, consult with our firm today. We assist clients in DuPage, Kane, and Kendall Counties. Call 630-665-7300 to schedule an initial consultation.

New Expungement Law 2017: Can I Get an Expungement if I Have a Prior Conviction?

As of January 1, 2017, Illinois law has changed in regards to expungement. Under this new law, if you wish to expunge a case from your criminal record, but have a prior conviction or convictions, you potentially have the opportunity to petition to have an eligible offense expunged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can examine your case and help determine if this is the best plan of action for your situation.

Before 2017, Illinois law stated that if you had any prior convictions that are not minor offenses (such as traffic offenses) you would not be permitted to expunge any new cases from your record. This method was very much an “all or nothing” way to handle cases, which made it difficult for any repeat petitioners who may have deserved to have a new case expunged. With the latest change, it opens up a whole new life for those with a criminal record if you have an expungeable offense.

Another law that was amended in 2017 was the Juvenile Court Act of 1987. In Illinois, the revision expands opportunities for juveniles who have criminal records for nonviolent offenses to be expunged. In the past, only a select set of cases were eligible and any expungements had to wait until the individual turned 21. Now, the processes has been sped up to as soon as proceedings have concluded.

There are a great number of other details that come into effect with these new laws. At Mirabella, Kincaid, Frederick & Mirabella, LLC, you can contact us to set up an appointment to help explain what you need to know regarding your case. We have helped clients for a number of years in DuPage, Kendall, and Kane Counties. Do not hesitate to call our offices at 630-665-7300 so we can see if our office is the best fit for you.

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250 W. River Drive, Unit 2A
St. Charles, IL 60174
Evening and weekend hours by appointment.

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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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree