Posted on July 04, 2025 in Divorce

Transitioning from a legal separation to divorce can feel like a big step, both legally and emotionally. In Illinois, knowing how the process works is essential for protecting your rights and planning for the future. A Wheaton, IL divorce lawyer will walk you through the legal requirements and help you update any agreements to better suit your current situation.

Can You File for Divorce After a Legal Separation in Illinois?

Being legally separated in Illinois does not close the door on divorce. Under 750 ILCS 5/402(c), either spouse can file for divorce while legally separated if they meet the requirements. These conditions are outlined in the Illinois Marriage and Dissolution of Marriage Act. It states that you or your spouse must have lived in Illinois for at least 90 days and must be able to prove "irreconcilable differences." Put simply, Section 401 of the act wants you to show that the problems in your marriage are so big that you cannot fix them. If trying to stay together would not be in the best interests of your family, you likely have irreconcilable differences.

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 Posted on June 30, 2025 in Child Custody

If you are concerned about your child’s immediate safety, you likely have questions about what you can do to act quickly and protect them. Illinois law provides a way for parents to seek emergency custody, known as an emergency motion for parental responsibilities, in serious situations. A Wheaton, IL child custody attorney can help you understand the legal process and walk you through the steps for filing a motion.

What Is an Emergency Motion for Parental Responsibilities?

Illinois law 750 ILCS 5/602.7 refers to child custody as "the allocation of parental responsibilities," which includes decision-making authority and parenting time. When a parent believes a child is at risk of physical or emotional harm, the parent can file an emergency motion and request that the court temporarily change a parental responsibilities order. 

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 Posted on June 26, 2025 in Collaborative Law

While traditional litigation might seem like the more reasonable avenue to divorce for complex financial cases, collaborative divorce offers a great alternative for high-asset couples in Illinois. The core principles of collaborative law, including open communication, mutual respect, and a commitment to out-of-court settlement, are well-suited for couples who can cooperate and reason through the divorce process.

If you have questions about how collaborative divorce can work in your situation, an experienced Wheaton, IL collaborative divorce lawyer can explain the process. The approach allows for a more nuanced and creative division of assets, often leading to solutions that a judge may not order.

How Does Collaborative Divorce Handle Complex Assets in Illinois?

Illinois follows the principle of equitable distribution under 750 ILCS 5/503, which requires marital property to be divided fairly. This becomes particularly important when dealing with assets, such as business interests, intellectual property, private equity investments, and real estate portfolios. In a collaborative setting, parties can share a neutral business valuation expert to assess complex assets. The team may also include a forensic accountant to trace commingled funds or hidden assets in a high-net-worth estate.

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 Posted on June 22, 2025 in Mediation

The most common reason to revisit a divorce agreement in Illinois is to address issues involving the allocation of parental responsibilities, commonly known as custody. The court can order co-parents to participate in mediation for disputes over child relocation and modification to the parenting plan. If you have questions about modifying elements of your divorce agreement, a Wheaton, IL mediation attorney can help you understand when mediation is required and how to prepare for it.

Is Mediation Ever Mandatory After a Divorce in Illinois?

Illinois law encourages the use of mediation in cases involving child custody. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states, under 750 ILCS 5/602.10, that the court can order mediation in any case involving the allocation of parental responsibilities, whether during or after a divorce. This statute gives judges broad discretion. In many counties, including DuPage County, mediation is a standard part of how parenting disputes are handled post-decree.

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 Posted on June 17, 2025 in Asset Division

As you navigate the division of property phase of divorce, you may find the characterization of assets surprising at times. You will have separate and marital property, but under certain circumstances, you may have a third type of property – commingled – that started as separate and became marital property. Complex asset division issues require a knowledgeable Wheaton, IL divorce attorney who can apply the complicated Illinois laws and ensure you have the best chance at a fair decree.

What Is Commingled Property in an Illinois Divorce?

Under Illinois law, property is characterized as marital or non-marital, also known as separate property during the asset division component of the divorce process. Marital property generally includes anything acquired during the marriage and is subject to fair division and distribution. Separate property includes assets that belonged to one spouse before the marriage or were acquired as a gift or inheritance during the marriage. 

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 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.

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 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. 

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 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.

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 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:

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 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. 

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