Call for a Free Case Evaluation
708.425.9530

Archive for November, 2018

6 Benefits of Having a Prenup

Posted on: by

Those entering a legally recognized lifetime union, otherwise known as marriage, are bound to be swayed by the rose-colored glasses they cheerfully put on before uttering “I do”. A prenuptial agreement is the last thing a couple wants to distort their view of a happy marriage. When entering a partnership, doting fiancés never look highly on possibly planning their divorce.

About Prenups

Man-Looking-Over-Document

You might be surprised at the benefits a prenup has to offer, even for happily married couples.

A prenuptial agreement, however, offers the wife and husband legal protection of current and future assets in the event the union dissolves. More couples today are invested in creating prenups than partners ten years ago. In fact, 63 percent of divorce attorneys claim to see a spike in prenups in the last three years. Plus, more women than men in recent times are initiating prenuptial agreements.

While those seeking a legal partnership may flinch at the implied distrust a prenup involves, signing a prenup involves a wealth of mutual trust. An individual who fails to disclose all of his or her true financial assets could jeopardize the enforceability of the prenup. Developing a prenup requires explicit trust and openness about one’s financial assets.

Illinois Prenups

In Illinois, prenuptial agreements may be drawn up to include several factors related to the dissolution of a marriage. Issues surrounding alimony, such as whether or not a spouse will pay alimony and how much, are outlined in a prenup and are recognized by the courts.

In a prenup, each spouse also has certain rights regarding the sale, management or disposal of property. The right to life insurance death benefits are stipulated in prenups. Also, in a prenup, each spouse has the obligation to write a will to execute the agreement.

Among the financial assets that prenuptial agreements protect are family inheritances, vast net worth, business endeavors and individually owned property, like vacation or private homes. Retirement accounts also receive ample protection when a prenup is in place.

Prenups protect more than these aforementioned financial possessions:

1. Eliminate Doubt

Prenups start to look attractive when engaged couples consider that these legal documents actually increase the happiness of married people. Doubt in a marriage is a chronic nuisance, especially when couples own significant property. Having a prenuptial agreement in place eliminates the uncertainties surrounding the handling of their property in the unforeseen event of divorce.

2. Limit Debt Liability

Debt liability is greatly limited when a prenup is in place. Prenups protect each spouse from incurred financial hardship from unanticipated events, like gambling debt, amassed credit card debt and personal or business loan debt. Creditors can pursue marital property when the other spouse is in debt. A formal prenuptial agreement protects the spouse when the other spouse is negligent in debt repayment.

3. Protect Children’s Welfare

The interests of children from a prior marriage are shielded when a prenup is instated. Children and their assets deserve to be protected, and a prenup is the most accessible document to legally do so. A premarital agreement safeguards the children’s future inheritance. While the best interests of the children are outlined, prenuptial agreements have no say in public policy matters, like child maintenance or visitation. A prenup cannot state in advance how much support a child will receive if a divorce ensues.

4. Retain Inheritance

Family property and heirlooms that those considering marriage want to keep in their birth family should resort to a prenup. Future inheritance and family businesses are also protected by prenups. Any errors in handling an inheritance, for example, may be corrected if a prenup is in place.

Without a prenup, a $75,000 inheritance that a wife deposits in her joint bank account is deemed marital property. Establishing in a prenup that separate property stays separate keeps the inheritance from being apportioned to the spouse.

5. Protect Acquisitions During Marriage

Many married couples acquire property during the course of their marriage. Signing a prenup dictates how any future property will be divided in the event of divorce. Without a prenuptial agreement, a divorce will end up in court and the judge will divvy up the property. Having a prenup in place gives both the divorcing spouses—rather than the judge—the opportunity to establish what party will receive what property.

6. Offer Flexibility

While a prenuptial agreement is a powerful legal document, prenups may be amended in writing at any time after marriage. Both spouses must sign the updated prenup in order for the changes to go into effect. A prenup also may be canceled subsequent to marriage.

Both husband and wife may, in writing, revoke the agreement after marriage with their written signatures. Upon the creation of the prenup, Illinois law does not require witnesses for it to be recorded by a city clerk.

Financial assets receive the utmost protection from the courts during divorce proceedings. Judges grow uncomfortable when they see non-financial matters in a prenup. An outline of who is responsible for certain chores, which relatives should receive attention and how to rear a child are all examples of personal preferences that a prenup has no room to include. Domestic issues that find their way into a prenup are struck down in court.

Create Your Prenup

When you’ve set aside the rose-colored glasses and discussed the benefits of a prenup, turn to Oak Lawn’s most trusted law firm, Berry K. Tucker & Associates, Ltd. Our family lawyers stay current on the changing laws in Illinois and are skilled in drafting prenups.

Already married? A post-nuptial agreement can be created with the help of our family lawyers at Berry K. Tucker & Associates, Ltd. Post-nuptials can be developed after a legal union is complete and they have the same efficacy as a prenuptial agreement.

Work with Our Family Attorneys

Couple-Talking-with-Gavel

Contact our attorneys to create your pre- or post-nuptial agreement.

Eliminate the financial stress either before or after marriage by drawing up a prenuptial or post-nuptial agreement. The dedicated team of experienced family attorneys at Berry K. Tucker & Associates, Ltd. helps couples traverse the complexities of prenuptial and post-nuptial agreements.

You can receive a consultation from the law experts at Berry K. Tucker & Associates, Ltd. Our firm meets the family law needs of residents in Oak Lawn, Illinois, and its surrounding communities.

Schedule a Consultation

To schedule your initial consultation with a family attorney, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530.

9 Signs Your Partner Wants a Divorce

Posted on: by

As people change over time, so do marriages. But it’s up to both partners to continue nurturing the relationship by spending time together, trying new activities, and continuing hobbies that you both enjoy together to keep the spark alive.

But if you do notice them starting to pull away, or they’re just not as excited about the relationship as they used to be, it can feel immediately nerve-wracking and stressful as you begin to scrutinize their behaviors, wondering if they’re considering divorce. As awful as it sounds, it’s important to recognize these signs right away to either save your marriage or determine the next steps for going your separate ways.Two-People-Sitting-on-a-Beach

Here are common signs that your partner wants a divorce:

1. Unable to Resolve Problems

Every marriage has its problems but it’s how well they can be resolved that will determine if the marriage can be successful. If you are unable to resolve problems or just avoid them, the marriage is in trouble. If either partner feels that they are disrespected because of their ways, they will lose respect for the other spouse, only leading to additional conflicts down the road.

2. Emotional Disengagement

Caring for one another is one of the most important factors of a successful marriage. The longer the emotional distance between each partner, the greater the odds that the marriage is going south. In fact, many divorcing couples will say they just “fell out of love,” or they just stopped caring.

 3. Lack of Attention to the Marriage

Marriages require constant attention. If either one of you works 60+ hours a week to pay bills while the other is at home with the kids all day, the end results won’t be good. If the couple also gets into a fight, one of you may feel less inclined to go home right away and accept an invitation to go out for a drink after work. What comes after that will surely only hurt the marriage.

4. They Care More About their Appearance All of a Sudden

When a spouse is planning for a divorce, they will go the extra mile to improve their dating prospects. You may see them dressing up more often before going out, exercising, buying new clothes, eating more healthy, getting a stylish haircut, or anything to make them look more attractive.

Many women who usually stay home and are considering a divorce may start looking for jobs to meet new people and save money to move out.

5. Financial Problems

A couple may get along perfectly, but if one is a saver and the other is a spender, it’s a hard problem to overcome. You may be able to get away with separate bank accounts, but dividing the money and expenses can be difficult when determining what’s fair.

Some spouses may even be tempted to lie about their income and spending habits, such as getting a raise and not informing their partner.

6. No Communication

While miscommunication can lead to a fight, which often leads to lack of communication to avoid conflict, it can feel like an improvement. But it’s just a duct-tape solution.

This is a sign that both of you have given up on the relationship and would rather stay together for the sake of avoiding divorce or you are afraid of ending up alone.

7. Being Disrespectful

Losing respect for one another is a sure sign that the marriage is in trouble. Simply not listening, showing empathy, or disregarding anything involved in eachother’s lives just means trouble. Once a marriage hits this point, it will take a lot of work on both ends to resolve the issue. Many end up in divorce.

8. Lying to Your Spouse

Once lying is involved in the marriage, it can take a long time for both partners to trust eachother again. Second, if there is no open or honest communication with either of you, it will only be a matter of time before you are both filing for divorce. Adultery is a common factor tied to this behavior which will ultimately send the relationship to the dumps.

Unfortunately the internet presents a lot of opportunities for dishonesty. Dating sites easily allow spouses to quickly find dates without their spouses ever finding out.

9. Never Listening

If your spouse is trying to tell you something that is bothering her or something exciting in their life, do you listen? Many women often try to solve their problems by talking about them, but if you stop listening, they may stop telling you, but they may also stop caring. But if you start giving her advice instead, she may also feel declined to tell you about future problems.

Are They Really Considering a Divorce?

There’s no such thing as a perfect marriage, and chances are one of these signs has come up in yours. But experiencing too many of the signs above are the perfect ingredients for a failing marriage.

In this case, it’s crucial to reach out to your partner about your differences. Otherwise you may be left wondering if they really are considering divorce and it will only leave you frustrated in the long run.

Work with a Divorce Attorney

While some marriages can be saved, it may be in the best interest of others for both of you to go your separate ways. If you feel that divorce is the best solution in your case or your spouse has presented you with divorce, it’s important to reach out to a family attorney.

An attorney that is experienced can allow the process to run efficiently and effectively for both sides. As they have been through the process many times, they can help you to divide your assets and property with minimal interruption. Many law firms also assist in child custody, allowing you to keep attorney fees efficient and save time in the divorce process.

Berry K. Tucker & Associates, Ltd.

Cheri-Costa-Family-Divorce-Attorney-Oak-Lawn-IL

If you are considering a divorce and live in the southwest Chicago suburbs, reach out to the divorce attorneys at Berry K. Tucker & Associates, Ltd. Our lawyers have over 50 years of combined legal experience and have assisted in a number of diverse cases.

We have worked with both men and women when it comes to resolving their case, establishing a solution that works in their best interest. Our attorneys also ensure to stay updated in all changes to the law, allowing us the greatest chance of effectively dividing assets and property.

Schedule a Consultation

To schedule an initial consultation with one of our divorce attorneys, contact Berry K. Tucker & Associates, Ltd. at (708) 425-9530. We look forward to working with you soon!

Every Case is Unique

Fill out the form below to submit your case for a consultation.

5210 West 95th Street
Oak Lawn, IL 60453

708-425-9530

708-425-2454