Posted on April 03, 2025 in Divorce

When a marriage ends, dividing up the life you built together is never easy, especially when it comes to your financial future. Often built over decades of hard work, retirement accounts can be one of the most valuable assets in a divorce. In Illinois, these accounts are divided by specific state laws that can be tricky to navigate on your own. Understanding how the process works is key to making informed decisions and protecting what you have earned. An Illinois divorce lawyer can help you make sense of the rules and ensure your retirement savings are handled fairly under state law.

What Types of Retirement Accounts Can Be Divided?

Retirement savings can come in several forms, all of which may be considered marital property if acquired during the marriage. These include:

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 Posted on March 31, 2025 in Child Custody

When a parent considers divorce or separation, one of the most emotionally charged questions is often, "Will I lose time with my children?" For many parents, the idea of "full custody" feels like the only way to protect their bond and ensure their child’s safety.

In Illinois, the path to full custody is not always straightforward. The laws have shifted in recent years, focusing more on cooperation and the child’s best interests. However, in situations involving conflict or neglect, one parent may want to secure greater authority and time with the child. An Illinois family law attorney can help you understand your rights and fight for a parenting arrangement that prioritizes your child’s well-being.

What Does "Full Custody" Mean in Illinois?

Illinois no longer uses the term "custody" in the legal sense. Instead, the law refers to "parental responsibilities" and "parenting time." Under the Illinois Marriage and Dissolution of Marriage Act, parental responsibilities include decision-making for the child’s education, healthcare, religion, and extracurricular activities.

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 Posted on March 26, 2025 in Divorce

Divorce is not just about ending a marriage– it can also be about reclaiming your independence and identity. Many people find that restoring their maiden name is a powerful way to close one chapter and get a fresh start. If you are going through a divorce in Illinois and want to change your name back, you have the legal right to do so. The process can be straightforward when handled correctly, and an experienced Illinois family law attorney can ensure your request is properly included during your divorce proceedings.

When Can I Request a Name Change in a Divorce?

State law allows a spouse to request a name change as part of the divorce process. Under 750 ILCS 5/413, a divorcing spouse may ask to restore the maiden name or a previously used name in the final divorce judgment. This means you can ask for the change before your divorce is finalized, which can make the transition easier by avoiding the need for a separate legal proceeding in the future.

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 Posted on March 21, 2025 in Divorce

The emotional toll of a divorce can be overwhelming, and the financial strain of legal fees only adds to the stress. If your spouse controls most of the money, you may feel trapped if you cannot afford an attorney who can fight for a fair outcome. The good news is that in certain situations, state law allows one spouse to request that the other contribute to the legal fees of a divorce. A skilled Illinois divorce lawyer can help you understand your rights and make sure you have the legal support you need to navigate this challenging time.

When Can a Spouse Be Ordered to Pay Legal Fees?

Under Illinois law, a court can order one spouse to pay the other’s legal fees during divorce proceedings. This rule ensures that both spouses have fair access to legal representation, especially if one has significantly more financial resources than the other. When deciding this, the court considers several factors, including:

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 Posted on March 13, 2025 in Divorce

Divorce can bring on a wide range of emotions, especially for children. They may feel confused, anxious, or even responsible for the changes in their family. While Illinois law prioritizes the best interests of the child when determining custody and parenting time, this cannot provide the full emotional support children need during this transition. As a parent, you play a crucial role in helping your children adjust and feel secure in this new chapter of life. If you are going through a divorce, an Illinois family law attorney can help protect your parental rights while making sure your children's well-being remains the top priority.

What Does Illinois Law Say About Children in Divorce?

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts will review multiple elements when determining parenting time and parental responsibilities. These include factors like each parent's ability to provide a stable home, the child’s relationship with both parents, and the child’s wishes if he or she is old enough to express them. The goal is to create a parenting plan that provides consistency and emotional support for the child.

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 Posted on March 09, 2025 in Child Custody

Divorce brings many challenges, but for parents, nothing is more important than ensuring they can still spend meaningful time with their children. When parents share joint custody, one of the biggest concerns is how parenting time, formerly known as visitation in Illinois, will be structured. Who gets weekends? How are holidays divided? What happens if schedules change? If you find yourself asking these questions, an Illinois child custody lawyer can help you create a fair schedule that also prioritizes your child’s best interests.

What Is Joint Custody?

In Illinois, child custody is legally referred to as the allocation of parental responsibilities. It is important to note that joint custody does not necessarily mean a child will spend equal time with both parents. Instead, it means both parents share decision-making authority on key issues like education, healthcare, and religious upbringing.

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 Posted on March 05, 2025 in Divorce

Divorce is already challenging, but the stakes can become even higher when a business is involved. Many business owners fear that years of hard work could amount to nothing if their business is divided in a divorce settlement, potentially threatening their financial future. Whether or not a spouse can claim part of a business depends on whether it is classified as marital or separate property under state law. Understanding how business divisions work can help owners take proactive steps to protect their assets. An Illinois divorce attorney can provide strategic guidance about navigating this intricate process and working toward an appropriate outcome.

Is My Business Marital or Separate Property?

Illinois follows equitable distribution laws, which means that property is not automatically divided equally, but is instead divided fairly. Factors such as the length of the marriage, each spouse’s marital contributions, and each spouse’s financial circumstances are considered when making this determination. Whether a business will be divided depends on whether it is classified as marital property or separate property.

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 Posted on February 28, 2025 in Divorce

Divorce can be complicated, and it can become even more difficult when one spouse refuses to cooperate. If you have found yourself in this situation, you may wonder whether you can proceed with a divorce without your spouse’s agreement. While an uncooperative spouse can delay the process, he or she cannot stop it entirely. The guidance of a knowledgeable Illinois divorce lawyer can make all the difference when it comes to navigating this process and protecting your rights. 

Do Both Spouses Have to Agree to Divorce in Illinois?

Illinois law does not require mutual consent in order to divorce. A spouse may file for divorce based on irreconcilable differences, meaning the marriage is beyond repair.

If one spouse contests the divorce, the court may require proof that the marriage has broken down. However, if the spouses have lived separately for at least six months, the court will presume irreconcilable differences exist and allow the divorce to proceed. This means that even if your spouse refuses to participate, the court can still grant a divorce.

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 Posted on February 24, 2025 in Property Division

Dividing assets in a divorce is rarely simple, but high-asset divorces present additional layers that can make the process more complex. When significant wealth is involved, property division can often include investments, stock options, luxury assets, business interests, and more. Without careful financial analysis and legal guidance, divorcing spouses risk overlooking valuable assets or agreeing to an unfair settlement. If you are navigating a high-asset divorce, a skilled Illinois divorce lawyer can help with these challenges and protect your financial interests.

How Does State Law Impact High-Asset Property Division?

In Illinois, marital property is divided fairly, rather than an automatic even split. Under this equitable distribution model, courts consider factors like the duration of the marriage, each spouse’s contributions to the marriage, and both spouses’ financial circumstances when determining a fair property division.

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 Posted on February 19, 2025 in Child Custody

When parents separate or divorce, custody orders provide structure and stability for their children. However, when one parent ignores the court-ordered arrangement, it can lead to confusion, stress, and potential harm to the child’s well-being. Violating a custody order is not only unfair but also an offense that can carry serious legal consequences. If you are facing a custody dispute, an Illinois family law attorney can help you take the steps necessary to enforce the court order and protect your relationship with your child.

What Actions Constitute a Custody Violation?

A custody violation occurs when a parent disregards the terms of a court-ordered parenting plan. Some of the most common types of violations include:

• Failing to return the child at the scheduled time

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