233 W. Wilson Street, Batavia, IL, 60510

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Children Need Parental Attention During DivorceParenting time is one of the primary ways you can address your children’s needs after a divorce. You and your spouse may disagree about how the parenting time should be divided because you each believe that your children will be best off by spending as much time with you as possible. However, concerns about the quantity of parenting time can sometimes overshadow the importance of the quality of parenting time. Whether you have a majority or a minority of parenting time, it is important that you use that time effectively to address your children’s emotional needs and help them through the difficult adjustment.

Silent Struggles

Children of divorce need acute attention from their parents because the process has left them with many questions and doubts about their lives. Unfortunately, parents who are caught up in a divorce may not notice their children’s struggles and assume that their children will tell them if something is wrong. Your children notice how the divorce upsets you and may be afraid that asking questions will draw your ire. They are waiting for you to notice that they are upset and to talk to them. When you fail to do so, they may conclude that you do not care, which can cause depression and resentment.

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Answering Your Doubts After Grey DivorceSpouses age 55 and older are the only age demographic in the U.S. that have seen an increase in their divorce rate in recent years. Known as grey divorce, divorce at an older age and after years of marriage can happen for many reasons:

  • Spouses no longer have the children at home as a reason to stay together;
  • Spending more time together after retirement may emphasize their differences;
  • There is a sense of urgency to start over while still young enough to do so; and
  • People and relationships change from when they first married.

Though friends and family often do not understand the reason for the divorce, the couple will know they are making the right decision. However, people dealing with the aftermath of their grey divorce still face feelings of doubt about their futures.

“Who Am I Now That I Am Divorced?”

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Factors That Can Invalidate a Premarital AgreementPremarital agreements are vitally helpful documents to have in case of divorce. The agreement can settle some of the more contentious aspects of a divorce negotiation, such as the division of property and spousal maintenance payments. However, the document does no good if the divorce court determines that it is invalid. Problems with premarital agreements often originate from mistakes made during their creation. Illinois law states that a premarital agreement is unenforceable in the following instances:

  1. Unofficial Agreement: Both parties must read and sign the premarital agreement in order for it to become official. The parties are not required to have witnesses to the signing or to file the agreement with a government agency. However, there does need to be a formal document outlining the agreement, with proof that both parties understood and agreed to the terms.
  2. Signed Under Duress: One party cannot force or coerce the other into signing an agreement. This includes presenting the agreement shortly before the marriage. One party may feel pressured to sign the agreement without having the chance to properly review the document with his or her own attorney.
  3. Invalid Provisions: A premarital agreement is not allowed to make decisions about the allocation of parental responsibilities or child support. Those issues must be settled during the divorce, adhering to state laws. The agreement also cannot include provisions that are blatantly in violation of state divorce laws.
  4. Deception: A court may invalidate a premarital agreement if it determines that one party was hiding valuable assets in an attempt to gain an unfair advantage in the agreement. There is some responsibility for each party to not overlook premarital assets that they can easily discover. However, a party may be liable when failing to disclose an asset that the other party had no reasonable way of knowing about.
  5. Unconscionability: Even if both parties approved of a premarital agreement, a divorce court may not enforce an agreement that is blatantly unfair to one party. The court may also alter the terms of spousal maintenance if it believes the payment agreement would put undue hardship on one party for reasons that could not have been foreseen when the agreement was created.

Valid Agreements

When creating a premarital agreement, it is important that you and your future spouse each have your own legal representation to review the agreement. An attorney can also look over the agreement at the time of your divorce to determine whether it is valid. A Kane County divorce attorney at Van Larson Law, P.C., can help you with the creation and enforcement of premarital agreements. Schedule a consultation by calling 630-879-9090.

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Five Ways You Can Help Your Divorce AttorneyYou hire an attorney during your divorce in order to handle much of the busy work that comes with the process. An experienced divorce attorney can complete the work in a quicker and more comprehensive manner than you could on your own. However, your attorney still benefits from your help and cooperation during the process. Clients and attorneys are most successful in their divorce cases when they are able to work together. Here are five ways that you can help your divorce attorney obtain the best result for you:

  1. Have a Clear Goal: From the first meeting, you should have a basic idea of what you need from your divorce agreement. Most clients want financial stability and parenting time with their children. However, it helps to determine what your specific priorities are in the divorce so you can focus on those issues. Which properties are most important for you to keep? Are there properties you are willing to give up in exchange? Do you want a majority of the parenting time? These are just a couple of the questions you need to answer before starting negotiations.
  2. Disclose Prior Agreements: You should immediately tell your attorney if you have a pre- or postnuptial agreement with your spouse. The agreement may already determine how your property will be divided and whether one of you will pay spousal maintenance. Your attorney can examine the document to determine whether its terms adhere to Illinois divorce laws.
  3. Share Information: Your attorney can do a lot of the investigative work for your divorce on his or her own. However, you can save your attorney time and yourself money by collecting important information in advance. You can assume that your attorney will need to know your current income, financial savings, and properties, as well as the same information for your spouse.
  4. Be Candid: Your working relationship with your attorney should be based on honest and open communication. Do not hide embarrassing information that your spouse may try to use against you during the divorce. Letting your attorney know in advance will allow him or her to prepare a counterargument.
  5. Ask Before Acting: You should immediately talk to your attorney if you have any questions or doubts during your divorce. Do not make any important legal decisions without consulting your attorney first. Your attorney has a strategy for your divorce, and acting on your own may undermine it.

Working Together

A successful divorce settlement relies on both attorney and client being on the same page with each other. A Kane County divorce attorney at Van Larson Law, P.C., will work with you to achieve your divorce goals. To schedule a consultation, call 630-789-9090.

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Alternatives to Traditional Parenting Time ArrangementsIllinois replaced the term “child custody” with “allocation of parental responsibilities” because parenting after a divorce involves more than who has custody of the children. Each parent has a role in raising and making decisions for their children. Parents must form a parenting plan that defines their individual responsibilities to their children. The parenting schedule is only one part of the plan, but it is probably the most important part. Nothing replaces the value of time spent with a child. Most parents use a traditional schedule that splits parenting time between weekdays and weekends. This is often the most practical and least disruptive schedule for both parents and children. With the more flexible definition of the allocation of parental responsibilities, some parents have created alternative schedules that work best for them. While these alternatives may not be your best options, it is worth knowing that these options exist.

Alternatives to Weekends

Weekends are usually the best time to exchange children because it is when children and parents are most likely to have free time. If parents do not live near each other, weekends may be the only practical time. However, weekday or evening visits may work if:

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