Palatine Divorce Lawyer
For the first time in history, divorce’s moral acceptability rate is above 75% in the United States. So, more people than ever before are seeing marriage dissolution as a legitimate way to end an unsatisfying marriage. When these relationships end, they trigger a myriad of complex financial and legal issues. Without an assertive Palatine divorce lawyer, your legal and financial rights may get lost in the shuffle.
The aggressive lawyers at the Law Office of Martin Delaney have roughly a half-century of combined experience. They have spent most of that time standing up for people just like you in divorce courts throughout Chicagoland. Our assertive lawyers are not just good litigators. They are also excellent negotiators. That is important because most marriage dissolution cases settle out of court. Our Palatine divorce lawyers work had to protect your interests in both forums.
Until recently, only super-rich couples with extensive separate property holdings bothered to get premarital agreements in Illinois. But some recent legal changes have streamlined the process and also made results much more predictable. So, more couples ask Palatine divorce lawyers to draft premarital agreements that cover subjects like:
- Inheritance and succession matters,
- Alimony/spousal support limits, and
- Property classification issues.
A properly executed premarital agreement is more than divorce insurance. These agreements put your marriage on a stronger footing. They remove some common sources of marital strife, like money, from the equation.
No contract is ironclad. For various reasons, a spouse may want to overturn an unfair premarital agreement. That is normally possible if one of the following applies:
- Involuntary: Basically, a premarital agreement is involuntary if one spouse withheld critical information. In that situation, the challenging spouse did not truly know what s/he was signing. Some other things may render these pacts involuntary, as well.
- Unconscionable: There is a difference between uneven and unconscionable. A 60-40 split is uneven, but a division like “I get all the assets and you get all the debts” is unconscionable.
Most premarital agreements have severability clauses. If a judge invalidates one part, the remainder of the agreement is unaffected.
Marriage Dissolution in Cook County
In some states, a divorce is only a temporary solution or it only resolves a few issues. But in Illinois, marriage dissolutions are permanent and they fully resolve all issues.
Parenting time is a key issue in these cases. Legally, there is a presumption that children benefit if they have meaningful and consistent contact with both their parents. Pragmatically, a Palatine divorce lawyer can show you a number of options in this area. Financial matters include both property division, such as retirement account separation, and financial support matters, like alimony and child support.
There is generally no waiting period for a no-fault divorce in Illinois as long as at least one spouse lived in the state for the previous 90 days.
Enforcement and Modification
In this area, “permanent” is a relative term. Divorce orders were never meant to be permanent. If the family’s circumstances materially and substantially changed, a Palatine divorce lawyer can alter the decree. Common grounds for modification include:
- Higher or lower household expenses,
- Employment income changes,
- Physical relocation to a new residence, and
- Changes to family dynamics (e.g. some remarriages).
The party requesting modification has the burden of proof to establish changed circumstances.
Enforcement actions, particularly with regard to child support payments, may be necessary, as well. If an obligor falls behind on these payments, the obligee usually has a number of options, from attention-getting measures to wage garnishment.
Connect with a Savvy Lawyer
Divorce usually creates a variety of legal, emotional, and financial issues. For a free consultation with an experienced family law attorney in Palatine, contact the Law Offices of Martin A. Delaney III, Ltd. Convenient payment plans are available.