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Will County family law attorney prenuptial agreement

Most people go into marriages taking their vows seriously. For many, “til death do us part” rings true. However, for some, that is not always the case, and their union ends in a divorce. When a marriage dissolves, one of the most disputed topics is often the division of assets and property. During the divorce process, you may need to go back to your prenuptial agreement (prenup) and examine its validity. Under Illinois law, a prenuptial agreement is a contract between two potential spouses that is used to define the division of finances and assets in the event of divorce. As stated in the term “prenuptial,” this contract is made before the nuptial and goes into effect once the couple gets married. However, this agreement is not set in stone. Just like other legal contracts, the validity of a prenuptial agreement can be challenged. The results can lead to portions of the contract being unenforceable, or the entire agreement being invalidated. A knowledgeable family law attorney can help you determine whether or not your prenup is valid.

Illinois Uniform Premarital Agreement Act

If a prenuptial agreement is found to be unenforceable, then court proceedings can follow. Some of the reasons this contract might be deemed unenforceable according to the Illinois Uniform Premarital Agreement Act include:

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DuPage County divorce attorney litigation

Getting a divorce can be extremely difficult under any circumstances, as you contemplate ending a commitment that you made and what it will mean for your future and that of your family. The thought of having to go to trial and discuss your personal matters in front of the court can add even more anxiety and stress. The good news is that despite what you see in many dramatic media portrayals, the vast majority of divorces are settled without having to go to trial. There are several options that you can explore to resolve your divorce without the time, money, and invasion of privacy that a contested court case often entails.

Alternatives to a Litigated Divorce in Illinois

If the decision to divorce is mutual and you and your spouse are willing to cooperate, chances are good that you can avoid litigation with a trial and instead reach a divorce agreement through one of the following alternative dispute resolutions:

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DuPage County spousal support attorney

When two people enter into marriage, they seldom think it is going to end in divorce. As the old adage says, “Til death do us part.” However, that promise is not always realistic. Married couples who experience relationship problems often go to counseling to resolve their disputes. Still, studies show that approximately 40 to 50 percent of all marriages in the United States end in divorce. The divorce rate for subsequent marriages is even higher. The stresses on marriage are diverse and myriad, and some couples work through them but others decide that legally ending their union might be in everyone’s best interest. There are various factors that can increase the likelihood of a divorce. If you are considering filing for divorce for whatever reason, it is important to consult with an experienced attorney who can protect your rights to marital property, spousal support, parenting time, and more.   

Issues that Can Destroy a Marriage

Whether a couple has been married for one year or 30 years, they may find that the “honeymoon period” is over. Every marriage is unique and can include different struggles, such as health crises, financial problems, or personality conflicts. A few of the major issues that can break down a marriage may include but are not limited to:

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