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Prenuptial Agreements 101

Joliet and Will County Divorce Attorneys

One usually hears about prenuptial agreements in magazines or pop culture news when celebrities plan to get married. This may lead people to think that you need a lot to protect (like the millions of dollars or valuables that celebrities accrue) in order to think about prenuptial agreements. This isn’t the case. In fact, prenuptial agreements can be a helpful tool, as both soon-to-be spouses are amicable and agreeable, to create a fallback plan in case the marriage does not go as planned. Illinois has adopted the Uniform Premarital Agreement Act (750 ILCS 10/1), and some key points to the creation and enforcement of a prenuptial agreement are as follows;

What can Someone put in the Agreement?

Prenuptial agreements are contracts that bring up issues prior to the marriage that the parties agree to. These issues can be in regards to almost anything; from characterizing property as either marital property (defined as (1) any tangible property acquired during the marriage by any party or (2) any nonmarital property that has been commingled with marital property to the point where there is no difference between the two) or nonmarital property (defined as any tangible property (1) acquired prior to the marriage by any party, (2) acquired by gift, legacy, or decent, or (3) acquired after judgement of legal separation), determining how property is treated during the marriage, determining who gets what property, setting a maintenance amount limit, etc. In fact, couples can attempt to make a provision about almost any matter.

Startup Companies and Hiring Your First Employees

Will County Business and Employment Lawyers

You are a newer business and you have decided to hire your first new employees. The first question is whether the new employees should be employees or independent contractors. Startup companies and business owners typically are frugal and will make their first employee’s independent contractors. This is a good decision only if the facts support the legal conclusion. In my professional experience, characterizing a person as an employee is much more preferential than an independent contractor. Why? Employees have much greater rights than independent contractors, but experienced business owners will tell you that it is better to keep the Illinois Department of Employment Security and the Internal Revenue Service away from your business. Often times, a person will be terminated and go to the Illinois Department of Employment Security or otherwise known as “IDES” and file an unemployment claim. The small business owner will get a letter in the mail, which is questioning their decision to characterize the person as an independent contractor. The new small business owner figured they would employ a person as an independent contractor because they did not want to be responsible for payment of self-employment taxes nor the burdens of regulation.

In many instances, this makes a lot of sense because small business owners lack the capital to properly operate the business during the initial phases of their business. On the other hand, no small business owner wants the possibility of an audit by the Department of Employment Securities which accesses the business owner and their business enterprise with a substantial tax

Will County Landlord Evictions 101 for Landlords

Joliet and Plainfield Eviction Attorneys

As a landlord, you are facing the tough issue of eviction or otherwise known as “Forcible Entry and Detainer” in the Clerk of the Circuit Court of the Twelfth Judicial Circuit or otherwise known as “Will County Circuit Court”. The first question that comes to mind is we must evict the tenant or tenants, but how do we do this. The first step in evicting a tenant or tenants is having the proper notice, whether it is a five (5) day notice, a thirty (30) day notice, or another type of notice.

Robertson Legal Group, LLC and Sean Robertson concentrate in assisting Will County landlords and real estate investors with the eviction process in Will County such as Plainfield, Shorewood, Romeoville, Bolingbrook, Crest Hill, Joliet, Wilmington, Crete, Morris, Frankfort, Mokena, Lockport and Homer Glen areas. The first step in the eviction process is determining the appropriate type of notice in the eviction case.

1st Step: Appropriate Eviction Notice

According to www.Illinoislegalaid.org, there are four (4) major types of eviction notices that are used the most. There may be additional notices used in Will County Eviction cases, but we are only going to discuss the most often used eviction notices in Joliet and Shorewood (Will County), Illinois.

Characteristics of Successful Family Businesses

Joliet and Will County Family Business Attorneys

What is a Family Business? According to Entrepreneur.com, a family business is defined as “a business actively owned and/or managed by more than one member of the same family. Entrepreneur.com, Entrepreneurial Staff, Small Business Encyclopedia. Simply put, a family business is a small or closely-held business which is owned and/or operated by family members through marriage or blood. Often times, a family business is comprised of multiple generations of family members from Fathers, Mothers, Sons, and Daughters and their spouses all working towards a similar goal of operating a small, closely-held business in a profitable manner.

Successful Family Owned Businesses Generally have Three (3) Elements.

1st Element: Operational History is Greater Than Five (5) Years

The first element of a successful family owned business is that they have been in business for greater than five (5) years. Often times, small business owners fail during the first several years for a variety of reasons such as lack of adequate capital and expenses exceeding operating revenue. One of the elements that make a family-owned business differently is that most family-business owners and their families do not rely primarily on the family business for income during the first years of business. One of the benefits of marriage and having multiple employees and family

Marital Settlement Agreements in Joliet, Will County

What is a Marital Settlement Agreement?
Joliet and Plainfield, Will County Divorce and Domestic Relations Lawyers

A Marital Settlement Agreement is a written agreement detailing the final settlement agreement of two divorcing parties in Joliet and Shorewood (Will County), Illinois. Simply put, a Marital Settlement Agreement or otherwise known as “MSA” is a legal agreement that depicts the financial settlement terms of a divorce settlement agreement. Generally, a marital settlement agreement handles issues such as the amount of child support and related percentage of discretionary expenses such as out of pocket medical expenses and health insurance (such as who is required to have health insurance for the benefit of the children), extracurricular expenses (the percentage split husband and wife are responsible for), and school fees and expenses such as school clothes, books, and fees. These are the type of financial issues that get addressed for child support purposes.

Joliet and Shorewood Spousal Support Attorneys and Law Firm
Will County Alimony, Spousal Support, and Maintenance Attorneys

Furthermore, issues such as spousal maintenance or otherwise known as “spousal alimony” or “spousal support” are addressed in a marital settlement agreement. In Illinois, Spousal Maintenance or Alimony may be required when husband and wife have been married for a period where spousal maintenance is possible such as a period of two or three years or longer.

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