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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 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.

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 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:

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 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:

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 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:

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 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.

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 Posted on April 23, 2025 in Asset Division

Under Illinois law, marital property belongs to both spouses and is to be divided in a divorce. Several factors can complicate the process, including hiding assets to avoid equitable division, especially in a high-asset or complex divorce. When you work with an experienced legal representative, you may find hidden assets you did not know you had the right to share ownership of. If you suspect your spouse is withholding information about valuable property, consider working with an experienced DuPage County, IL hidden assets attorney.

Where Do I Look For Potential Hidden Assets in a Divorce?

Finding hidden assets starts with a thorough research process. Some ways that your attorney may work with you to look for undisclosed property include:

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 Posted on April 17, 2025 in Child Custody

In a parental responsibilities or child custody case, a parenting plan refers to the detailed document used to address who makes decisions for children when their parents divorce or separate, accounting for the needs of everyone involved. When it is well-designed, it considers situations that may arise and how both parents will address them. These plans can look very different depending on many factors. An experienced DuPage County, IL parental responsibilities attorney will offer personalized advice for your case. 

How Do The Living Situations of Each Parent Affect the Parenting Plan?

Where parents live and what their work schedules look like will impact parenting time. For example, when one parent moves far away, the plan will need to address the distance and time it takes to bring the child from one home to the other. Sometimes, this means accommodating flight schedules and other issues that may arise when parents do not live near one another.

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 Posted on April 10, 2025 in Child Support

Joint child custody is a common arrangement for divorcing couples because it allows both parents to remain actively involved in a child’s life. Shared custody begs the question of whether or not child support is a necessity if both parents equally share care for a child. 

The short answer is that it depends on the unique circumstances and is particularly dependent on each parent’s income. If you are seeking child support with a joint custody parenting plan, an Illinois child support attorney can help you understand what options are available to you.

How Does Illinois Law Calculate Child Support?

The court uses the same process for calculating child support in every case. The basic steps include:

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 Posted on April 03, 2025 in Asset Division

Illinois is an equitable distribution state, meaning the law requires fair property division during divorce. Hiding assets to avoid losing all or part of them is illegal in the state and will sometimes have devastating consequences. Seeking the help of a Wheaton, IL divorce attorney is a key component of finding hidden assets and protecting your right to a fair share of marital property.

What Does Illinois Law Say About Hidden Assets?

Illinois law mandates the full disclosure of all financial information, including assets, income, and debt, during divorce proceedings. Unfortunately, spouses sometimes hide assets to retain ownership of property that would otherwise be divided or to minimize their support obligations. This is more common than you may expect in cases involving complex property division.

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