Posted on June 09, 2025 in Alimony/Spousal Support

If you are facing divorce in Illinois, one of the issues you may need to address is the award of spousal maintenance, also known as spousal support or alimony. The goal of spousal support is to provide financial support to the lower-earning spouse or the spouse who has fewer assets and less ability to earn a living. Spousal support should never be considered a given; the judge will factor many issues into whether support is warranted.  

Illinois spousal support usually has a time limit that is largely based on the length of the marriage. While the payment of spousal support was once federally tax-deductible, as of December 31, 2018, it is no longer tax-deductible for the payer, nor is it counted as taxable income for the recipient. If you have questions regarding paying or receiving spousal support, it is important to speak to a highly qualified Wheaton, IL divorce lawyer.

Continue Reading ››

 Posted on June 05, 2025 in Divorce

Unfortunately, extramarital affairs are a common cause of divorce in Illinois and across the country. While adultery is still surprisingly a crime under Illinois law, the rule is generally considered outdated and is essentially never prosecuted. In the past, when you needed a reason to legally dissolve your marriage, adultery was reasonable grounds for divorce in Illinois. Today, proving why your union has failed is not important, but an experienced Wheaton divorce lawyer can explain other ways that adultery could impact the divorce process.

Is Illinois a No-Fault Divorce State?

Illinois is officially a no-fault divorce state, which means that you no longer need to prove that your spouse did something that warrants divorce. Instead, you file for divorce citing irreconcilable differences. A common misconception is that clear evidence of cheating could result in punishment during the divorce process. 

Continue Reading ››

 Posted on May 31, 2025 in Child Custody

When you receive court-ordered visitation, known as parenting time in Illinois, with your child, the other parent is obligated to adhere to that schedule. Unless the court has approved a modification to the order, the original order still stands. As soon as your ex violates the parenting plan, you can take action, and an experienced Wheaton parental responsibilities attorney can help you understand the legal options available to you.

Steps To Take if Your Ex Denies Parenting Time in Illinois

The steps you take immediately after your co-parent violates the parental responsibilities order, also known as the child custody order, should include:

• Talk to your ex: To ensure there is not a simple misunderstanding, communicate with your ex, preferably in written form, to see if you can resolve the issue. If they ignore you or respond with a refusal, you have proof that they are knowingly violating the order.

  Continue Reading ››

 Posted on May 28, 2025 in Child Support

In Illinois, paternity must be established before you can seek child support from the father of your child, and there are several ways to do this. Some are much easier than others. First, speak with a Wheaton, IL child support attorney to find out if you are eligible to file for support and what you need to do to meet the legal requirements imposed by the court. 

How Do You Establish Paternity in Illinois?

Under Illinois law, paternity refers to the legally recognized father of a child, which gives the father rights to parental responsibilities. It also allows the mother to seek child support payments when necessary. How paternity is established depends on the relationship between the parents, and in Illinois, there are four possible ways:

Continue Reading ››

 Posted on May 22, 2025 in Asset Division

Part of the divorce process is the necessary division of property. When a retirement account is characterized as marital property, it will be divided according to Illinois law. Sometimes, the process is complicated, requiring more financial knowledge and possibly resulting in tax implications. A Wheaton, IL asset division attorney will ensure you understand your legal options for dividing your retirement accounts and make choices with as few negative consequences as possible.

When Is a Retirement Account Considered Marital Property in Illinois?

Illinois law defines marital property as assets, debts, and other obligations obtained by either spouse during the marriage. In general, contributions made to a retirement account during a marriage are subject to division. 

Continue Reading ››

 Posted on May 19, 2025 in Child Custody

In Illinois, most separated or divorced parents share joint parenting time with their co-parent. Giving up that time with your child can be painful, especially at first, and if you have the chance to spend more time with them when your co-parent is unavailable, the court may recognize your right to do so.

In this blog, you can learn more about the Right of First Refusal under Illinois law. If you have any questions about including it in your parenting plan, an experienced Wheaton, IL child custody attorney can walk you through how to add it and what the court will do to enforce it.

What Is the Right of First Refusal Under Illinois Law?

According to Illinois statute 750 ILCS 5/602.3, the court can award one or both parents the right to provide child care for the minor child or children when the other parent cannot fulfill their parenting time. If this law is included in your parenting plan, in certain circumstances, your ex must ask you to watch the children before hiring a babysitter. The court recognizes that time with each parent is essential to a child’s mental, physical, and emotional well-being. Therefore, the state legislature amended the Marriage and Dissolution of Marriage Act to include the Right of First Refusal.

Continue Reading ››

 Posted on May 08, 2025 in Asset Division

Many people are unaware that orders of protection, which are typically linked to cases involving harassment or abuse, are not the only type of restraining order. A financial restraining order, also known as a financial temporary restraining order, is about securing funds and assets, and is often employed during high-asset and complex divorces. Consider the function of a financial restraining order and how it may apply to your case. Then, talk to an experienced Wheaton, IL divorce attorney about the steps you can take to protect your right to equal distribution of property during an Illinois divorce.

What Is a Financial Restraining Order Under Illinois Law?

A financial temporary restraining order stops either spouse from making any significant changes to the financial status quo during divorce proceedings. According to Illinois statute 750 ILCS 5/501, the following restrictions are imposed:

Continue Reading ››

 Posted on May 05, 2025 in Mediation

Divorce is rarely easy, but ideally, you can get through it without involving the court in your decision-making. One method for avoiding litigation is divorce mediation. Working with a mediator offers a more peaceful experience, particularly for high-conflict divorces, and the role of the mediator is central to a positive outcome. Consider how a DuPage County, IL divorce mediation attorney could potentially make the divorce process more efficient and calm. 

How Do Mediators Help With Divorce Proceedings?

According to Illinois law, a mediator’s job during divorce proceedings is to help you and your spouse reach a settlement, by facilitating communication and negotiation, that you both agree to and feel comfortable signing. Some specific contributions mediators make to the process include:

Continue Reading ››

 Posted on May 01, 2025 in Post-Judgment Modification & Enforcement

Even after finalization, situations can arise that warrant the modification of a divorce judgment. Illinois family courts recognize that circumstances can change post-decree, and the law allows you to petition for a modification. The process can be tedious and lengthy at times, and as the petitioner, you are responsible for proving the need to modify. However, you do not need to do it alone. A Wheaton, IL divorce attorney will assess your situation to determine whether you qualify for modification and help you gather the evidence necessary to prove your claim. 

When Can You Modify a Divorce Decree in Illinois?

Illinois law does not allow you to modify a divorce decree for any reason. Instead, it requires a "substantial change in circumstances," and there are a few common instances the court could deem acceptable, including:

Continue Reading ››

 Posted on April 25, 2025 in Prenuptial and Postnuptial Agreements

Prenuptial agreements, also known as premarital agreements, are a common way that couples define their financial wishes and rights should they ever face the divorce process. The stigma that prenups are pessimistic is unfounded. A prenup is simply a contract that offers clarity and peace of mind.

While there are many ways you can use a prenup to prepare for the future, it is important to understand the boundaries of Illinois law – most importantly what you can and cannot include in a prenuptial agreement. A DuPage County, IL prenuptial agreement attorney can help.

Why Is Child Custody and Support Not Allowed in a Prenuptial Agreement?

Illinois law prohibits the inclusion of child custody or child support in a prenuptial agreement. Child custody, including the decision-making authority and parenting time aspects of custody, requires careful assessment by the court, even when parents agree on all terms. Illinois statute 750 ILCS 10/1 explicitly states that child support cannot be adversely impacted by a prenuptial agreement.

Continue Reading ››