So you are gearing up for a wedding in Illinois – congratulations! The time before your wedding can be one of the most precious and tender periods of your life. Preparing for a wedding is an exciting and exhausting process, and it is easy to let things slip through the cracks. Despite having so many things to do, one crucial thing that all couples should consider before they tie the knot is the value of a prenuptial agreement. 

Nobody wants to think about their marriage ending before it begins, and some people are reluctant even to discuss a prenup with their fiancé. However, there is a way to frame a prenup that could be considered gentle and even romantic: You love your fiancé so much that, starting right now, you are going to protect their interests – even if you separate later. 

A prenuptial agreement is the best way to protect your premarital assets and interests and can help you, and your spouse navigate a divorce with far less conflict in the future. Here are some things to consider as you contemplate whether you want a prenup:

Marriages start out with high hopes and good intentions, but people are unpredictable, and some problems cannot be foreseen. Many people have heard the term “annulment” and believe it is an easy alternative to divorce for ending a marriage that recently took place, but this is not so.

From a legal perspective, in Illinois, an “annulment” is legally referred to as a “declaration of invalidity of marriage.” For the sake of brevity, we will refer to a declaration of invalidity of marriage as an annulment as we explore the difference between a divorce and an annulment and when one may be more appropriate than the other. 

When Can a Marriage Be Declared Invalid?

An annulment is a court order that says a marriage is not and never was valid and should therefore not be considered legal by the state. A divorce, by comparison, is a court-ordered ending to a valid marriage. 

The spouse who files for divorce in Illinois gets to choose the location – or the “venue” – of the divorce. This means that, by filing in a particular county’s circuit court, he or she decides where the divorce will take place. However, if your spouse has decided to file for divorce in a certain venue and you do not want the divorce to be handled there, you actually have the right to contest their choice of venue. 

Venue vs. Jurisdiction

In order to understand why a divorce can move to a different court during a divorce case, it is important to distinguish between “venue” and “jurisdiction.” Occasionally, people will use these terms interchangeably, but they are not the same. Venue refers to the county court in which the case is heard. As stated earlier, divorce in Illinois is handled by the circuit court of the county in which the divorce is filed. The standard choice of venue is a circuit court in the county in which one or both spouses live. Jurisdiction refers to the authority of a court to hear a case. Illinois law allows jurisdiction by all county circuit courts over all divorce cases, no matter where the spouses live – if at least one spouse still lives in Illinois. 

Why Object to a Venue? 

There are a number of reasons that one spouse may object to the other spouse’s choice of venue. The spouse who files for divorce will choose a venue that is convenient for them – either because it is close by, because they know people and have influence in that county, or because they believe the court has a reputation for making certain kinds of decisions in similar cases. Any of these reasons can give the other spouse a good reason to file for divorce. So, if you fear your spouse has influential friends in the county in which they filed, or if the county is so far away that appearing in court would be difficult for you, you can object to the venue. Similarly, if your spouse’s chosen venue has a real or perceived reputation of making decisions that would negatively affect your preferred outcome in your divorce case, you can object to the venue. Any objection must be done before anything else, and in response to the original filing – once the case begins, the venue generally will not be allowed to change. 

When a couple knows the marriage is over, divorce is inevitable. However, before couples can divorce, Illinois law requires them to meet a legal standard that shows they have irreconcilable differences, that past attempts at fixing the marriage have failed, and that future attempts would fail as well. 

Couples can still live together, file for divorce in Illinois, and finalize the divorce on the same day - as long as there isn’t any objection from either party. But if one party does object, or denies there are irreconcilable differences, a six-month separation period is considered proof by the court that there are irreconcilable differences and that the marriage has broken down. 

In this article, we’ll explore what it means to live separate and apart, and how couples who wish to do it can establish the six-month separation period. 

Financial problems are consistently ranked as one of the top causes of divorce. Arguments over credit card debt, disagreements about how to spend money, and allegations of financial infidelity may all hasten the speed at which a marriage breaks down. If your spouse has a history of lying about money, you may understandably be concerned about how this deception may impact your divorce. In order for property division, child support, and spousal maintenance determinations to be fair, each spouse must disclose complete and accurate financial information. Unfortunately, this is harder said than done when a spouse lies about income or assets during divorce.

Illinois Law Guarantees Your Right to a Fair Divorce Settlement

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), each spouse has a right to an equitable portion of property contained in the marital estate. This may include businesses, vehicles, real estate, bank account funds, insurance policies, investments, retirement accounts, and other property acquired during the marriage. However, some spouses fail to report income or hide assets during divorce to avoid splitting the value of an asset or to sway property division agreements in their favor.

The amount that a divorcing spouse pays in spousal support or child support is also based on the financial circumstances of each spouse. Therefore, financial deception can have a significant impact on the outcome of a divorce case – especially high net worth divorce cases.