Three Misconceptions About the Law Sometimes Seen by a Family Lawyer in Winnebago County IL

by | Jun 30, 2017 | Lawyers and Law Firms

Many people have misconceptions about legal details regarding issues such as cohabitation, prenuptial agreements and divorce. Lacking sufficient knowledge can lead to unpleasant surprises when they try to take certain actions and discover the action is not allowed by law, or that they are facing unexpected financial obligations. A Family Lawyer in Winnebago County IL can help clients resolve problems so they are not left with legal trouble or financial hardship.

Cohabitation

Living together as domestic partners without being legally married has become relatively common in the United States. Romantic partners often move in together without thinking carefully about what this might mean for them financially. Illinois does not recognize common law marriages, so splitting up will not cause either person to be obligated for support payments unless the two individuals have children together. However, moving in together will legally terminate any spousal support that either of these individuals is currently receiving. The couple cannot rely on spousal maintenance payments to fund their new living arrangement.

Marital Agreements

A Family Lawyer in Winnebago County IL can assist an engaged couple with filing a prenuptial or postnuptial agreement. People are more familiar with the prenuptial filing. Postnuptial documents sometimes are drawn up when two people marry rather hastily or elope, and at least one of these individuals owns or stands to soon acquire substantial assets. Certain stipulations are not allowed in these filings. For instance, the couple cannot absolve either party of future child support obligations in the event of a divorce. Denial of child custody also cannot be included.

Divorce

It’s fairly common for people who already have children to get married. Not everyone realizes that living with and financially supporting a stepchild can lead to a legal responsibility for child support if the couple gets divorced. The natural parent can petition the court for regular payments through the assistance of a firm such as A Law Office of Crosby & Associates. A family court judge may decide this is justifiable if the youngsters have been relying on the stepparent’s income for several years and it would be a hardship for them to be without that money.

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