Family Law & Divorce
Child Related Issues
Can I Get My Down Payment on Our Marital Home Back When We Divorce in Illinois?
Dividing your property and assets back to you and your spouse during a divorce can be quite challenging. One example on how to receive that money back would be if you were to have a written agreement with your spouse. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help look over your case and explain some other plans of action to try to get your money back.
If you were to use your pre-marriage earned money towards a home with the intention of it being for you and your spouse, it could prove difficult to get those funds back. If you and your spouse do not have a written agreement stating in specifics regarding your money, the chances may be slim.
However, there are some other ways to see if your money can be given back. For example, if the money that you used as a down payment on your house was kept completely in your own name and not jointly with your spouse. In that case, the money will most likely be treated as a gift towards the marital estate. This will lead to the amount hopefully being divided equitably by the court because Illinois distributes assets in that fashion and not equally.
Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC has been taking on cases that pertain to these exact types of circumstances for decades. If you have questions in regards to your particular situation, please contact our office to set up an appointment with one of our attorneys to help you right away. The phone number for our office is 630-665-7300, and on occasion, we can provide free initial consultations. If you are in Kane, DuPage, or Kendall County, do not hesitate to reach out. We can provide information on recovering pre-marital funds or other questions that you have in the divorce process.
New 2017 Child Support Law: How Much Child Support Will I Have to Pay In Illinois?
Changes are coming later in July 2017 regarding child support laws in Illinois. This can potentially modify an existing order or directly affect one you may be working on currently if you are in the middle of a divorce. Allow our team at Mirabella, Kincaid, Frederick & Mirabella, LLC to elaborate on what these new child support changes can mean for you.
Illinois family laws are often changing, and it can be difficult to keep up with everything that is happening. That is where our team can help. We will break down these new guidelines regarding child support payments to assist you with your case. The current laws read that the percentage of support is calculated by how many children you have. Starting in July 2017, this system will no longer be the rule. Illinois will be removing the existing laws in exchange for a percentage guideline with the income share model.
This model has been enforced in a large amount of the states across America. This model takes into consideration the income of both parents. This is not necessarily bad news for certain situations. In some circumstances, this law could, in fact, conclude that your child support obligation payment can be reduced. If you believe you are entitled to a reduction or are curious why your spouse's obligation is changing, contact an attorney right away.
At MKFM Law, we work diligently to form the best possible plan to tackle your legal issues head on. Our firm has been established for decades and is proud to have lawyers focusing in multiple areas such as family law, divorce, criminal law, employment discrimination, and sexual harassment. If you need legal representation for one of these areas, consult with our firm today. We assist clients in DuPage, Kane, and Kendall Counties. Call 630-665-7300 to schedule an initial consultation.
New Expungement Law 2017: Can I Get an Expungement if I Have a Prior Conviction?
As of January 1, 2017, Illinois law has changed in regards to expungement. Under this new law, if you wish to expunge a case from your criminal record, but have a prior conviction or convictions, you potentially have the opportunity to petition to have an eligible offense expunged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can examine your case and help determine if this is the best plan of action for your situation.
Before 2017, Illinois law stated that if you had any prior convictions that are not minor offenses (such as traffic offenses) you would not be permitted to expunge any new cases from your record. This method was very much an “all or nothing” way to handle cases, which made it difficult for any repeat petitioners who may have deserved to have a new case expunged. With the latest change, it opens up a whole new life for those with a criminal record if you have an expungeable offense.
Another law that was amended in 2017 was the Juvenile Court Act of 1987. In Illinois, the revision expands opportunities for juveniles who have criminal records for nonviolent offenses to be expunged. In the past, only a select set of cases were eligible and any expungements had to wait until the individual turned 21. Now, the processes has been sped up to as soon as proceedings have concluded.
There are a great number of other details that come into effect with these new laws. At Mirabella, Kincaid, Frederick & Mirabella, LLC, you can contact us to set up an appointment to help explain what you need to know regarding your case. We have helped clients for a number of years in DuPage, Kendall, and Kane Counties. Do not hesitate to call our offices at 630-665-7300 so we can see if our office is the best fit for you.
What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?
Before you and your spouse's prenuptial agreement can be enforced, it needs to be inspected for the validity and enforceability of the mentioned agreements in the document. Some of these can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you, whether you are calling your prenuptial agreement into question or want clarification when drafting one.
Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act because there are prenuptial agreements that are not enforceable or valid in certain circumstances. Even if the prenuptial agreement passes the challenges made towards it, there could still be aspects that fail to disclose some marital assets. A common issue that occurs is the failure to provide what assets were accumulated before and after the date of marriage. This is just one of many possible problems.
If one of the spouses will receive a disproportionate amount of the assets that is not equitable, the court may not rule in favor of the marital agreement. This often happens when one spouse does not reveal all of their assets and debts before signing the agreement. It is important to remember that prenuptial agreements can be brought into question even if it seems like you and your spouse thought of everything in the legal planning process before marriage.
At MKFM Law, we have been assisting clients during divorce and other family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you and your spouse have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300, so we can help you right away.
My Spouse and I are Still Living Together. Does This Mean We Cannot File for Divorce Under Irreconcilable Differences Because We Have Not Lived Separate and Apart?
Under traditional Illinois law, it was required there is a basis or grounds for any divorce. As of January 1, 2016, the state has moved to eliminate what are called "at-fault grounds." It also eliminates any requirement that you and your spouse must to live apart or separate for a certain period of time. At Mirabella, Kincaid, Frederick & Mirabella, LLC our team is here to help explain the differences in the law and how this may affect your situation.
Before 2016, Illinois was a state that accepted filing for both fault grounds and no-fault grounds for divorce. A fault ground could have included if one of the spouses committed adultery, had extreme repeated mental cruelty, physical cruelty, or habitual drunkenness. The law also required that spouses have a period of time where they lived apart or separate. These are dated concepts that couples no longer have to worry about any longer.
This old concept would also typically find one of the spouses “innocent.” Now, either spouse can file for the divorce because no single person is considered at fault for the marriage. With the state now following a no-fault ground policy, it means divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point of dissolution and it can no longer be repaired it may be ended.
If you need any of these newly established laws clarified, please contact us to setup an appointment with a skilled attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our offices are in Wheaton and St. Charles, where we have been assisting clients in family law, divorce, and various other areas for decades. We have clients come from all over DuPage, Kane, and Kendall Counties for legal assistance. Call us at 630-665-7300 for help with your situation today.