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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 Posted on February 13, 2025 in Divorce

Divorce is rarely easy, but a high-conflict divorce takes challenges to a whole new level. In these emotionally charged and contentious cases, disputes over finances, custody, and assets can quickly spiral out of control. When trust is broken, and one party withholds information, reaching a fair resolution without intervention becomes nearly impossible.

This is where subpoenas come into play. From uncovering hidden assets to securing key witness statements, subpoenas can help cut through the chaos and clarify complex legal battles. If you are going through a high-conflict divorce, an experienced Illinois divorce lawyer can ensure that this legal tool is effectively used to obtain the information you need for a fair outcome.

What is a Subpoena and How is it Used in Divorce?

A subpoena is a legal document that requires a person to provide specific documents or testify in court. Subpoenas are particularly useful in high-conflict divorces where one spouse may withhold financial records, communication logs, or other critical information. By using a subpoena, attorneys can ensure transparency and give the court the information it needs to make a fair decision.

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 Posted on February 07, 2025 in Divorce

Divorce can impact your tax situation in ways that might surprise you. From changing your filing status to determining who claims the children as dependents, divorce can complicate tax season if you are not prepared. To avoid costly mistakes, it is very important to understand the tax implications of your divorce. A knowledgeable Illinois divorce lawyer can help you navigate these changes and explain what they may mean for your personal circumstances.

What Is My Filing Status After a Divorce?

Your tax filing status will depend on your marital status as of December 31 of the tax year. If your divorce is finalized on or before December 31, you must file as either "single" or "head of household". If you are legally married on December 31, you may file as "married filing jointly" or "married filing separately."

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 Posted on February 05, 2025 in Paternity

For fathers, establishing paternity is more than just signing a form; it allows them to build a connection with their children. Without paternity, fathers are limited in their ability to have custody, visitation, or a say in important decisions about the child’s upbringing. If you want to play an active role in your child’s life, it is vital to understand how paternity impacts custody and parenting plans. An Illinois family law attorney can help you take steps to protect your rights and your relationship with your child.

What Is Paternity, and Why Does It Matter?

Paternity is the legal recognition of a man as a child’s father. Even if he is biologically related, a father does not have any legal rights or responsibilities regarding the child if paternity is not established. This means he cannot petition the court for custody, parenting time, or any decision-making authority.

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 Posted on January 31, 2025 in Divorce

The end of a marriage typically means you will have to make many difficult decisions about the future. One of the first legal decisions many people face is whether to pursue a divorce or an annulment. While both options bring a marriage to a legal close, they are key differences. The choice between the two depends on your unique situation, and understanding the differences can help you make the best decision for your circumstances. An Illinois family law attorney can help you determine which option will be in your best interest and work to protect your rights. 

What Is a Divorce?

Divorce is the legal dissolution of a valid marriage. In Illinois, a no-fault divorce can be granted when a couple claims that irreconcilable differences caused their relationship to break down. Irreconcilable differences are the only acceptable grounds for divorce recognized in Illinois; they can end the marital relationship, but acknowledge that the marriage was valid from the start.

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