Arnie’s Blog

Family Law Terminology Part 2

latin law booksIn a previous blog, we defined some common family law terms to help get you through family law proceedings with less confusion. Understanding the legal terminology used in divorces or custody battles can be essential, so here are some more important terms to get to know.

No-Fault Divorce: divorce action that does not require one spouse to prove the other’s misconduct as grounds for the divorce.

Fault-Based Divorce: divorce in which proven misconduct by one spouse is needed before the marriage is ended.

Irreconcilable Differences and Irretrievable Breakdown: legal grounds for no fault divorces.

Prenuptial Agreement: contract agreed upon before the marriage that lays out each spouse’s rights to property and assets in case of divorce.

Equitable Distribution: the distribution of property obtained during the marriage between the spouses.

Uncontested Divorce: when the defendant does not fight the divorce and there are no further actions for the court to decide about children, money, or property.

Innocent Spouse Rules: rules made by the IRS that protect a spouse from the other’s tax fraud.

Qualified Domestic Relations Order (QDRO): court order that requires one spouse to give the other a share of their pension or retirement funds.

Temporary Support: spousal support that is given while the divorce action is still pending.

In addition to understanding these terms, enlisting the help of an experienced Lake County family law attorney  is crucial. Call us today at (847) 926-0300 to get started.

Family Law Terminology Part 1

dictionaryMitigating a divorce can be tricky – that’s why you’ve come to Goldstein Family Law to help you through the process! Even so, some of the terminology used in family law proceedings can just sound like legal jargon to those who aren’t used to hearing it. That’s why we prepared a list of some common family-law terms, and their definitions to help.

Annulment: occurs when a marriage is declared void from the start. In this limited circumstance, the marriage is dissolved as in the eyes of the law, the parties were never married.

Absolute Divorce: the official end of a marriage, allowing both former spouses to legally remarry.

Collusion: a knowingly false charge against someone. In divorce, this may often consist of one party accusing the other of adultery just to rush the divorce or gain custody of children. This is illegal.

Condonation: an act seen as forgiving a spouse that has committed an act that would warrant divorce, such as continuing to live with the spouse after finding out. This is often used as a defense in divorce court.

Maintenance: one spouse’s payment of financial support to the other. It is the same as alimony/spousal support.

Pendente Lite: temporary measures for custody, alimony, child support, and possessions until the final hearing.

Visitation: the non-custodial parent’s right to spend time with their child or children.

To get more help from a Lake County family attorney, contact us today at (847) 926-0300.

Pros and Cons of Prenuptial Agreements

person signing contractGetting engaged and planning a wedding are the beginnings of a special romantic relationship, however there are parts of this process that should be looked at as a business relationship as well. Marriages merge the lives of two individuals who have separate incomes, debts, and properties, and ignoring these financial circumstances could lead to complications in the event of a divorce. Prenuptial agreements, or prenups, help to protect each individual’s financial interests in divorces, making them an important consideration during the time period before marriage. Below is a list of pros and cons of prenuptial agreements to help determine if one is right for your union:

Pros:

  • Protects a spouse from having to assume the other’s debts
  • Protects businesses and practices from being divided as an asset during divorces
  • Can limit the amount of financial support a spouse will have to pay the other upon divorce
  • Can set specific agreed upon responsibilities of the spouses during marriage

Cons:

  • Often seen with the negative stigma that a prenuptial agreement assumes a lack of trust
  • Could lead to a spouse losing the right to inherit from the other’s estate upon death, which is normally entitled even if it’s not explicitly in the will
  • It’s hard to predict what the future will bring, meaning an agreed upon provision pre-marriage may not be the ideal outcome during divorce

Discussing prenuptial agreements with a spouse can be a tricky conversation. Turn to a trusted Lake County family law attorney for help make it a seamless process for each party so you can plan without worry.

What is a Prenup?

legal documentSurrounding the idea of two people getting married, a word is commonly thrown around: prenup. Especially in the cases of celebrities and very wealthy individuals, you’ll often hear people questioning “whether they’re going to get a prenup?” But what is a prenup?

A ‘prenup’ is short for a prenuptial agreement or a premarital agreement. These documents are a common legal step taken before marriage that establishes, before being wed, the property and financial rights of each spouse in case of divorce later on. Since these documents are a plan for what will happen if a divorce happens, these are often looked at with a negative stigma in that people shouldn’t be “planning” for a divorce when they’re getting married. However, while people may not be planning to get divorced, around one half of marriages do end in one and ignoring this can make things much harder in the long run.

There’s also another stigma surrounding prenups that makes people believe they’re only used to protect the wealthy. Prenuptial agreements, on the contrary, do much more than just to protect wealthy individuals. They’re also used to:

  • Determine how property will be passed upon death
  • Protect family businesses
  • Protect one party from assuming the other’s debts
  • Make clear the financial rights and responsibilities during the marriage

Beginning a discussion about prenups with a loved one can be difficult, but we can help. With the experience of our Lake County family law attorney, we can help you understand your options and figure out what course of action will be best for you pre-marriage. Learn more about our Lake County family law attorney at GoldsteinFamilyLaw.com.

Welcome to Goldstein Family Law

mother and son smilingWelcome to our blog at GoldsteinFamilyLaw.com! In more than forty years of practice, we have seen every fad and style of legal practice, but we know that there is only one way to assert his client’s interests – with informed and forceful conviction. Our job as attorneys is to put our client’s goals first and to ensure that their interests are protected, and this is something that the Goldstein Law Offices’ takes seriously.

Arnold D Goldstein is a divorce and family law attorney with experience and the drive to handle your high conflict case. That drive extends to the practice, Goldstein Law, through its aggressive and focused divorce and family law representation. We encourage mediation, negotiation, and collaboration, but nothing works as well if you do not practice as a credible, experienced and aggressive attorney. Goldstein Law Offices handle all forms of familial law issues, but our main focus is on passionate representation in divorce cases. Our attorneys have already represented thousands of clients through their divorce proceedings and are incredibly capable of handling complex financial issues in the process. Because of Goldstein’s financial background, he is adept at hunting out hidden assets from off-shore accounts and dividing complicated marital estates.

If you’re in need of familial law services, you need someone you can trust. Goldstein Law is the practice you can have confidence in when you find yourself in need of a Lake County family law attorney. We can help you through the difficult process with passion and care. Learn more about your trusted Lake County family law attorney at GoldsteinFamilyLaw.com.