Articles Posted in Divorce

Postnuptial agreements, like prenuptial agreements, are contracts between spouses that outline the division of assets, debts, and other financial matters. In Illinois, postnuptial agreements are recognized and enforceable, provided they meet certain legal criteria. The legal framework is similar to that for prenuptial agreements. The main difference being postnuptial agreements are executed after marriage. Requirements…

The Illinois Uniform Premarital Agreement Act (IUPAA) governs Prenuptial agreements in Illinois. The IUPAA provides a legal framework for the creation and enforcement of these contracts. Like any contract, it is important to have a competent attorney draft this agreement. A prenuptial agreement is a contract entered into by two people before they marry. It…

Couples facing marital challenges have options beyond divorce. Both legal separation and divorce entail significant legal and personal considerations. The differences between legal separation and divorce is stark. Understanding the benefits and drawbacks is paramount. Legal Separation vs. Divorce: Key Differences Legal Separation: Divorce (Dissolution of Marriage): Benefits of Legal Separation Legal separation preserves the…

Legal separation is a valuable recourse for couples who are contemplating living apart while still married. Governed by 750 ILCS 5/402, it offers advantages and disadvantages. You should carefully consider all aspects before proceeding. The attorneys at Lafata Law provide practical analysis to determine if a legal separation is right for you. Benefits of Separation…

Who Gets to Keep the House After a Divorce? During a marriage, couples make countless financial decisions. When spouses seek a divorce, those decisions, and the property acquired, must be divided. Illinois is considered an “equitable property” state, meaning property distribution after a divorce will not be divided equally, instead it will be distributed equitably.…

What Is Spousal Maintenance? During a divorce proceeding, a judge may order one spouse to pay another spouse money to help support them. This is referred to as “spousal maintenance” or “alimony.” However, a judge is not required to order spousal maintenance. How Does a Spouse Get Maintenance? When deciding whether or not to order…