Posted on July 14, 2022 in Divorce

Prenuptial agreements can be a great tool during divorce proceedings. Spouses who have one in place often find that their divorce goes much quicker and smoother than it would have without one. Those who have prenuptial agreements are likely to be able to file an uncontested divorce, as most of the divorce terms are likely already agreed upon. However, an unfair prenuptial agreement can serve as a roadblock to divorce. Women are more likely to be disfavored in a prenuptial agreement than men and are less likely to seek a divorce if they believe that their prenuptial agreement will leave them high and dry. However, there are circumstances where an Illinois court will refuse to enforce a prenuptial agreement that is drastically unfair to one party. If your prenuptial agreement is the main reason you are hesitant to get a divorce, you should consult an attorney to find out whether yours could be set aside. 

Continue Reading ››

 Posted on July 11, 2022 in Divorce

Leaving a controlling spouse can be very difficult. If you have been married for a long time, it might feel like you do not know what to do with yourself without your spouse there to dictate your every move. You may be socially isolated or even separated from your family. Getting a divorce in this situation is the best way to protect yourself and your future. It can be challenging, but it can be done. You will want to make sure that you are represented by an aggressive lawyer. Controlling spouses are skilled at bending the will of their spouse in order to get what they want. You and your lawyer will need to take extra care to ensure that you are not being taken advantage of or controlled in any way during the divorce process. 

Tips for Getting Out of a Controlling Marriage

Standing your ground is going to be very important during this time. Some tips that may help you include: 

Continue Reading ››

 Posted on June 28, 2022 in Child Custody

As a parent, your children are probably the most important part of your life. A parent’s greatest fear is losing their children. You probably cannot imagine your life without your children in it. So when you and your children’s other parent split and go to court for child custody, you hold out hope for the most possible time with your children. Nothing is scarier than hearing that the other parent is demanding exclusive custody. The prospect of your former spouse or romantic partner taking your children out of your life is enough to send any parent into full-blown panic. The good news is that demands for full custody very rarely succeed. In most cases, this fear is largely unfounded. However, it is critically important that you work with an experienced child custody lawyer who can fight to stop this from happening. 

Continue Reading ››

 Posted on June 22, 2022 in Divorce

Divorce can bring out the worst in people. When a divorce is not amicable, each party is trying to prove that they are more responsible, a better parent, and a better spouse. Unfortunately, some people will resort to trying to throw their spouse under the bus in an effort to get a better result for themself. Others will resort to flat-out lying to the court or even falsifying evidence. Some will make ridiculous demands that you know are completely unfair. Being the spouse whose name is getting dragged through the mud by a vindictive spouse can be a humiliating and infuriating experience. However, retaliating in kind is not always the right solution. If your spouse is refusing to play fair during your divorce, it is important that you work with an aggressive and experienced divorce lawyer. The Foray Hurst Firm has helped many people who are in this position. 

Tips for Handling Divorce When Your Spouse is Playing Dirty

Continue Reading ››

 Posted on June 14, 2022 in Family Law

An increasing number of same-sex couples are raising children together. The growing number of same-sex couples with children is one of the reasons that Illinois now uses the term “parentage” instead of “paternity.” A child growing up with two moms or two dads will consider both adults their parents. It is very important to make sure that the law also sees both same-sex partners as the child’s legal parents. While it may not be possible for a same-sex couple to have a biological child in common, it is certainly possible for same-sex couples to have a legal child in common. Illinois offers several routes to legal parenthood for gay and lesbian couples that may not be so easily available in other states. Establishing both of you as your child’s legal parents provides additional security to the child in the event that the parents separate or divorce, or in case one parent passes away. If you are unsure whether you and your partner both have a legal parent-child relationship with your child, our lawyers can help. 

Continue Reading ››

 Posted on June 07, 2022 in Child Custody

Sibling relationships can be incredibly important for children. Siblings are often a child’s first and best friends. Even in blended families, step and half siblings may share a bond. When parents are splitting up, siblings may rely on each other for a sense of stability at a time when major changes are occurring. Illinois courts are often reluctant to separate siblings who enjoy a close relationship. However, this type of bonding does not occur for all children with acting parents in common. In some cases, sibling relationships are difficult or even abusive. In that case, the court may find that separating siblings is in the children’s best interest. If you are involved in child custody proceedings and have concerns about helping your children maintain meaningful relationships with their full, half, or even step siblings, an attorney can help you decide how to proceed. 

Continue Reading ››

 Posted on May 31, 2022 in Domestic Violence

On average, it takes victims of domestic violence or spousal abuse seven attempts to leave the abuser before they finally succeed. The reasons that so many women - and sometimes men - stay in abusive and dangerous relationships are complex. Abusers often isolate their victims from others who could help them and create a situation where the victim is financially dependent on the abuser. Others stay because the abuser has threatened to harm them or their children should they leave. If this is the situation you are in, you should know that there is a way out. If you are ready to seek a divorce and a safe exit from your abusive marriage, there are steps an attorney can take to help protect you. The Foray Hurst Firm is committed to helping people who are facing spousal abuse stay safe during and after the divorce process.

What if I am Financially Dependent on My Abusive Spouse?

In Illinois, as soon as you file for divorce, your attorney can seek a temporary spousal maintenance order. In situations where a financially dependent spouse is seeking to leave an abusive marriage, these orders are typically granted. Your spouse can be ordered to continue supporting you financially as you leave.

Continue Reading ››

 Posted on May 20, 2022 in Child Custody

Supervised visitation arrangements are often used in lieu of sole custody when one parent is unfit to be left alone with their children. The goal of supervised visitation is to allow children to maintain a relationship with both parents while also keeping them safe from any harm one parent could potentially cause. Supervised visitation involves having a trusted, responsible adult present while the unfit parent spends time with their children to ensure the children’s safety and wellbeing. Often, in cases where one parent initially asked for sole custody, supervised visitation works as a good compromise. If you are a parent in a situation where your children’s other parent could be a threat to them in any way, you should speak with a lawyer about the possibility of using supervised visitation. The children’s interests always come first in any Illinois child custody case.

Continue Reading ››

 Posted on May 13, 2022 in Child Custody

In Illinois, the presumption is that it is in the child’s best interest to have some type of relationship with both parents. In general, courts want to keep both parents involved in their children’s lives. In the vast majority of child custody cases, both parents will be granted some parenting time and some share of the parental responsibilities. However, there are outlier cases where one parent is so harmful or dangerous to their children that allowing them to spend any time at all together is simply not in the children's best interests. In these cases, it may be possible for one parent to be given exclusive access to their children. If you are in the type of situation where you feel that getting sole custody is necessary to protect your children, you will need to get in contact with a well-qualified child custody attorney as soon as possible. Obtaining sole custody in Illinois is not easy.

Continue Reading ››

 Posted on May 06, 2022 in Family Law

It is often said that around 50 percent of all marriages end in divorce. The actual statistics are unknown, but even if the divorce rate is not that high, the fact remains that a significant percentage of marriages do not last. For those who are planning to get married or who are in a happy relationship, divorce may not seem to be likely. However, it can be a good idea to consider the possibility that a relationship will end, and by making decisions ahead of time through a prenuptial or postnuptial agreement, a couple can help avoid conflict and uncertainty in the future.

Prenups Vs. Postnups

A prenuptial agreement (prenup) will be signed by a couple before their wedding, while a postnuptial agreement (postnup) can be created at any time after spouses become legally married. Both types of agreements can address the same issues, including detailing how certain issues may be handled during a couple’s marriage and making decisions about what will happen if their marriage ends through divorce, legal separation, or the death of either spouse.

Continue Reading ››