Del Re Law Group, P.C. Del Re Law Group, P.C. 2026-11-12T04:47:28Z https://www.daviddelrelaw.com/feed/atom/ WordPress On Behalf of Del Re Law Group, P.C. <![CDATA[Dividing future retirement benefits in divorce]]> https://www.daviddelrelaw.com/?p=49602 2026-11-12T04:47:28Z 2026-11-12T04:47:28Z It is important to consider your future retirement plans when you are going through a divorce. Odds are high that you and your spouse have made retirement plans jointly, and you will need to separate your finances as the marriage comes to an end. If you simply have savings, this process can be relatively straightforward. You have already set the money aside in a bank account or an investment portfolio, and you can divide these accounts between the two of you. But in other cases, you may be relying on future benefits from a pension or investments. Perhaps your spouse has been earning retirement benefits as part of their employment compensation package. They will not actually start receiving monthly payments until they retire, but these benefits are still a marital asset because they were earned during the marriage. How do you divide them so that each party gets their fair share without also triggering expensive early-withdrawal penalties?

Setting up a qualified domestic relations order

Often, the solution that couples use is known as a qualified domestic relations order (QDRO). It allows you to make these decisions in advance. The QDRO establishes a percentage of payments that should be made to an alternate payee. Once your spouse retires, since you are named as the alternate payee, you receive these retirement benefits. The exact percentage is unique to your marriage. It is often based on factors like what percentage of the overall retirement package was earned during the marriage, as opposed to portions that were earned before or after. So, while the solution may be unique from one relationship to the next, it is important to know what legal options you have to split up this marital property.]]> On Behalf of Del Re Law Group, P.C. <![CDATA[What if your spouse ignores the divorce papers?]]> https://www.daviddelrelaw.com/?p=49596 2026-10-27T17:11:47Z 2026-10-27T17:11:47Z When you first bring up the idea of divorce, your spouse makes it clear that it is not something they are interested in. Maybe they even directly tell you that they are not going to get divorced. They do not believe in it. Even so, you eventually decide that the relationship needs to end. You file for divorce and serve the divorce papers to your spouse. The idea is that they will review the documentation, sign it, and file their response, which allows the legal process to begin. Next steps may include making financial disclosures, setting up initial hearings, and more. But because your spouse does not want to get divorced, they just ignore the petition. They never file a response. What does this mean for your relationship?

You can still move forward with a divorce

The good news is that you can still get divorced. You may simply have to ask the court for a default divorce judgment. You can still submit your proposal for certain terms, such as splitting up child custody or marital assets, and the court can issue a divorce, even if your spouse never responds. This can delay the process somewhat. In Illinois, your spouse generally has 30 days to answer the petition. Even if you know that they are not going to, you still have to wait for at least those 30 days before you ask for the default divorce judgment. However, do not make the mistake of assuming that your spouse can prevent the divorce. They cannot. You just need to know what legal steps to take moving forward.]]> On Behalf of Del Re Law Group, P.C. <![CDATA[What makes a postnuptial agreement enforceable in Illinois?]]> https://www.daviddelrelaw.com/?p=49586 2026-10-26T14:46:55Z 2026-10-22T14:00:43Z Requirement 1: A written document and voluntary signing To create a valid postnuptial agreement in Illinois, both spouses must sign a written document. Courts will generally invalidate any agreement that a spouse signs under pressure, threats or coercion.

Requirement 2: Full and fair financial disclosure

In Illinois, both spouses must provide a complete and honest list of all assets, debts and income for a postnuptial agreement to be enforceable. Failing to disclose a hidden bank account or business interest means a judge may not consider the postnuptial terms in property division during a divorce. Instead, the judge will divide marital assets according to the state’s equitable distribution rules.

Requirement 3: The unconscionability test

Generally, Illinois courts will not enforce an agreement if it was unconscionable or grossly unfair at the time of signing. If a judge finds that the terms were so one-sided that no reasonable person would have agreed to them, they can set the agreement aside.

Requirement 4: Independent legal counsel

Having separate lawyers for both spouses is one of the strongest factors an Illinois court considers when deciding whether to enforce a postnuptial agreement. Although each spouse is not required to have their own lawyer, a lack of independent counsel can increase the risk that a judge will invalidate the agreement. Separate representation helps show that each party signed willingly, understood the rights they gave up and got advice without conflicts of interest.

Requirement 5: Consideration

Because the couple is already married, the marriage alone is not enough to support a postnuptial agreement. Instead, a valid consideration usually comes from a mutual exchange of rights, such as:
  • Giving up rights to the other spouse’s separate property, business interests or future inheritance
  • Moving, transferring or reorganizing assets
  • Agreeing to stay married or delay a divorce, if both spouses choose this freely
Well-written agreements often list these exchanges in the opening section. This helps show what each spouse received and lowers the chance of a future dispute.

Setting expectations in writing

A postnuptial agreement can be a powerful tool for protecting assets and reducing uncertainty between married couples. If done right, this agreement can offer stability without putting either spouse at risk of an unfair result later. An Illinois family law attorney can help spouses make sure their document stands the test of time.]]> On Behalf of Del Re Law Group, P.C. <![CDATA[What happens to valuable collections during a divorce?]]> https://www.daviddelrelaw.com/?p=49420 2026-10-14T09:37:15Z 2026-10-19T09:36:51Z How you got each item matters The date and source of each item often help show how the law treats it. If you bought something during the marriage with marital funds, it typically counts as marital property even when only your name appears on the receipt. An item you owned before marriage may remain separate. The same rule generally applies to a gift or inheritance. Receipts or other records could help show when you got the item and how it came to you.

What the collection is worth

If an item counts as marital property, its value may affect how the court divides your marital assets. The amount you paid years ago may differ from what someone would pay for the item today. You and your spouse might also disagree about its current value. An appraiser could provide an outside estimate based on the item’s condition and current market. That figure may give the court useful information when it places a value on the property.`

Keeping useful records

If your divorce involves high-value assets, you may want to keep records that show when you got important items and what they are worth. Past appraisals could help with value, while receipts or gift records might help explain ownership. Keeping those records together may make it easier to account for the collection during property division.]]> On Behalf of Del Re Law Group, P.C. <![CDATA[What happens when a prenup doesn’t cover something?]]> https://www.daviddelrelaw.com/?p=49590 2026-10-16T03:38:27Z 2026-10-16T03:38:27Z Years after signing a prenup, you discover during divorce that the agreement does not address certain assets, such as an investment account, a business you owned before marriage or property acquired during the marriage.  How will the court treat these assets? In general, the court will fall back on state law.

Is the property part of the marital estate?

Assets omitted from a prenuptial agreement are not all treated the same way. If your prenup does not address a certain asset, the first thing that has to be determined is whether it is marital property or not. If it’s determined to be marital property, it will be divided equitably under Illinois’ equitable distribution laws. Non-marital property that’s not included in a prenup generally remains with the spouse who owns it. That being said, it’s not always straightforward. Some initially non-marital assets may still be subject to division if they become commingled with marital assets during the marriage.  For example, suppose you owned a house before getting married but used income earned during the marriage to make mortgage payments or carry out substantial improvements. The house may remain your non-marital property, but your spouse may be entitled to a portion of the property's value attributable to those marital contributions.

Protecting your property rights during a divorce in Illinois

Carefully drafting a prenuptial agreement with professional assistance can help ensure valuable assets are properly addressed and reduce the risk of disputes down the road. If you discover a gap in your prenup during divorce, reaching out for legal guidance can help you understand how Illinois law applies to your situation and what options may be available to protect your property rights.]]> On Behalf of Del Re Law Group, P.C. <![CDATA[Should you plead guilty to a DUI?]]> https://www.daviddelrelaw.com/?p=49582 2026-10-01T19:14:28Z 2026-10-01T19:14:28Z If you have been charged with driving under the influence (DUI), you likely want to put the whole problem behind you and move on. You may think pleading guilty is the simplest option, rather than spending time and money fighting the charge. However, a DUI plea can have consequences that extend beyond the courtroom. Before pleading guilty, it’s important to understand what it could mean for your driver’s license and future.

What happens when you plead guilty to a DUI?

A guilty plea is an admission that you committed the offense. Once the court accepts the plea, the case moves toward sentencing or another authorized resolution. Depending on the circumstances, you could face fines, court costs, treatment requirements, community service, probation and other court-ordered conditions. But your criminal DUI case is only part of the picture. There is also a separate administrative process regarding your driving privileges. A DUI conviction may result in driver’s license and driving privilege revocation for a minimum of one year for a first offense.  A DUI conviction can also impact other areas of your life, including employment and insurance. Losing driving privileges can make it difficult to perform jobs that require driving to customers, job sites or appointments. A DUI can also lead to lost work time because of court appearances, evaluations, treatment requirements and administrative hearings. Your insurance premiums may also increase. After a DUI conviction, drivers are often required to carry high-risk insurance for three years. Pleading guilty to a DUI may resolve your case more quickly, but it can also have a lasting impact. It’s essential to speak with a legal professional who can look at the specific facts of your case and the consequences of your options.  ]]> On Behalf of Del Re Law Group, P.C <![CDATA[Police mistakes that could help your DUI defense]]> https://www.daviddelrelaw.com/?p=49279 2026-09-24T05:54:57Z 2026-09-29T05:54:14Z Drunk driving charges are not convictions. You have the right to defend yourself, and part of that defense could include challenging police behaviors and procedures during a stop. If they made a mistake, it could change the entire direction of your case.

Mistake 1: Making a bad stop

The Fourth Amendment protects you from unreasonable searches and seizures. This means an officer must have reasonable suspicion to pull your vehicle over, whether it is a broken taillight or a clear traffic violation. However, if a DUI stop was based on a mere hunch rather than evidence, the court may choose to suppress any information gathered during that encounter.

Mistake 2: Improper administration of tests

Roadside sobriety tests can be difficult even for those who have not been drinking. Illinois officers should follow strict standards when conducting tests to ensure they are as fair as possible. However, police can fail to do this if they:
  • Conduct the tests on a surface that was cracked, uneven or slippery
  • Use non-standardized tests, such as asking you to recite the alphabet backward
  • Give instructions that were confusing, incomplete or hard to hear
If police fail to administer tests properly, the results may be viewed as unreliable indicators of impairment.

Mistake 3: Breathalyzer and chemical test errors

Technological evidence like breathalyzer results are vulnerable to human error and mechanical failure. Illinois law requires these machines to be calibrated and maintained on a strict schedule. Furthermore, the officer must monitor the driver for a 20-minute observation period to ensure the sample is not contaminated. A failure to follow these technical steps can lead to inaccurate blood alcohol readings.

Mistake 4: Violation of constitutional rights

Your rights do not disappear once you are in the back of a patrol car. If you’re in custody and you clearly ask for a lawyer during questioning, officers generally must stop questioning. Additionally, you have the right to request an attorney, and questioning must stop as soon as you make that request. Every DUI case involves a unique set of circumstances and specific police actions. Identifying where an officer may have failed to follow the law is a critical step in building a defense. Taking a close look at the details of the arrest can reveal procedural errors that may change the outcome of the charges.]]> On Behalf of Del Re Law Group, P.C <![CDATA[When are DUI charges most likely?]]> https://www.daviddelrelaw.com/?p=49390 2026-09-19T13:14:31Z 2026-09-19T13:14:31Z Technically speaking, DUI charges can happen at any time of day. Police just need to have reasonable suspicion to pull a driver over, and then they need to gather evidence of impairment, such as the results of field sobriety tests or a breath test. People do get arrested at any time of day, and on any day of the week. That said, there are some notable trends. For example, reports from nearby Minnesota indicate that 61% of arrests happen over the weekend. Additionally, the arrest rate starts going up after 9 p.m., peaking at around 1 a.m., but staying at an elevated level until 2 a.m. In other words, the majority of these drunk driving arrests are happening late at night or in the early morning hours, often on Friday, Saturday or Sunday.

Alcohol-impaired accidents

This report is from Minnesota, but a similar trend can be expected in Illinois. Although Illinois has not produced the same documentation regarding arrests, the state does track alcohol-impaired accidents. When looking at fatal accidents caused by alcohol, they were most common starting at midnight and running until 3 a.m. Again, this indicates that the early morning hours are some of the most common times for DUI incidents to occur, whether these are arrests or crashes. Impairment from other substances, like marijuana, happens a bit differently. Illinois found that most of these accidents were between 3 p.m. and 6 p.m. Impaired driving from cannabis products appears to be much more likely in the afternoon than it is late at night.

Your defense options

Understanding when and why impaired driving arrests happen can be useful, and those who are facing serious charges also need to be aware of all of the legal defense options available to them at this time.]]> On Behalf of Del Re Law Group, P.C <![CDATA[3 co-parenting tips to survive the school year]]> https://www.daviddelrelaw.com/?p=49271 2026-09-09T02:32:56Z 2026-09-15T02:32:34Z Illinois kids are headed back to school, and families are readjusting to the school year routine this month. When you share parenting time with your child’s other parent, it may take a little more work and preparation to keep things moving smoothly during this transition, and throughout the year.  Here are some helpful steps co-parents can take to navigate this school year.  

1. Stay on top of the schedule

The school year is a busy time for your child. On top of hours of learning and homework, they may also have extracurriculars they must attend. It is important for you and your co-parent to be aware of the time commitments regarding your child’s activities, so you can factor that information into your own schedules.  Most importantly, you will want to ensure the arrangement of all your schedules adheres to your parenting time schedule and agreement. 

2. Strategize for school events

On top of extracurricular sports games or musical performances, the calendar of this school year will also include various events, such as parent-teacher conferences and even graduation celebrations at the end of the year. Along with the every day schedules, co-parents must also address how they will approach these events.  For example, will you be attending parent-teacher conferences together? Or will you be arranging separate times? 

3. Check in on your child regularly

This step is especially important if your divorce is fairly recent. Your child may still be adjusting to the changes in their home life, and school might add even more pressure. Keep an eye out for common signs of stress in children, such as:
  • Withdrawing from friends and family
  • Significant changes in habits and behavior
  • Emotional outbursts 
  • Struggling in school and falling grades
Staying connected with your child can help you catch these signs early and protect their wellbeing.  This year might bring new challenges for your child, and your whole family. Planning ahead and communicating effectively can help you all have a successful school year.]]> On Behalf of Del Re Law Group, P.C <![CDATA[Spending changes and the dissipation of marital assets]]> https://www.daviddelrelaw.com/?p=49260 2026-09-03T14:10:23Z 2026-09-03T14:10:23Z If you are moving toward a divorce, it is important to gather financial documentation. You and your spouse are likely going to have to split up marital assets, and this may mean making financial disclosures to the court. Documentation like bank statements, credit card statements or tax returns can be used to show what you and your spouse have earned and what you own. While doing this, one red flag that you may want to look for is if there have been any significant spending changes. Your spouse is allowed to spend money in a normal fashion during the divorce process, such as paying for transportation, housing, food and other normal necessities. But if their spending has significantly increased, it could mean they are trying to dissipate your marital assets.

Why would they do this?

This is a tactic that people sometimes use to keep financial assets out of property division. For instance, perhaps you are a stay-at-home parent, so you have very limited access to income. Meanwhile, your spouse is a high earner with a six-figure job in the tech industry. Ordinarily, you would have to split your marital assets, which include the income they earned during the marriage. But they may decide to spend as much of the saved money as possible so that there is less to divide with you. They know that they can simply use their high-paying job to earn that money back after the divorce, but that you will not be able to do so. Naturally, this can infringe on your rights to marital assets that you deserve. If you notice evidence of dissipation or hidden financial assets, it is important to know what steps to take to preserve your access to these assets. An experienced divorce attorney may be able to help.  ]]>