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 30, 2025 in Divorce

When you receive an inheritance, you likely want it to stay within your family, and not become a point of contention in a divorce. While Illinois law generally considers inheritances to be separate property, the reality is more complicated, especially if those assets become intertwined with marital finances. A prenuptial agreement can help ensure that your inheritance remains protected, but how enforceable is it? 

The answer depends on various factors like state laws and how the agreement is structured. With careful planning and guidance from an Illinois family law attorney, a prenup can provide peace of mind during marriage, clarity in divorce settlements, and protection of your financial future.

How Does a Prenuptial Agreement Protect an Inheritance?

Under Illinois law, inheritance is normally categorized as separate property, meaning it cannot be divided in a divorce. However, inherited assets can become marital property if they are commingled with shared finances. For example, if inherited money is deposited into a joint bank account or used to purchase a home in both spouses’ names, it is considered shared property.

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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 25, 2025 in Divorce

Divorce can turn your world upside down, bringing significant financial and legal changes– including the potential loss of health insurance. If you relied on your spouse’s employer-sponsored plan, you may wonder how to protect your coverage and avoid unexpected medical costs. Fortunately, you have options, and understanding them now can help you make informed decisions and prevent a coverage gap. An Illinois divorce lawyer can offer guidance about how to secure the coverage you need and move forward with confidence.

Can I Stay on My Ex-Spouse’s Health Insurance After Divorce?

In most cases, you cannot remain on your ex-spouse’s employer-sponsored health insurance plan after divorce. Under federal law, employer-sponsored plans that provide coverage to an employee’s spouse are legally required to end that coverage upon divorce.

However, children covered under a parent’s health insurance plan can usually remain covered, regardless of the parents’ marital status. In Illinois, courts often order one or both parents to maintain health insurance for their children as part of child support agreements.

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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 14, 2025 in Child Custody

After a divorce, you may want to relocate for a new job, to be closer to family, or simply for a fresh start. However, if you have children, moving out of state is not a decision you can make on your own. Illinois law has strict rules about parental relocation, and not following the legal process can have serious consequences. If you are considering an out-of-state move with your children, consulting with a knowledgeable Illinois family law attorney can help you understand your rights and options while ensuring compliance with the law.

What Does Illinois Law Say About Parental Relocation?

Parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act. This law states that a parent with primary custody has to obtain court approval before moving with a child beyond a certain distance. A move is considered a relocation if it exceeds 25 miles from the child’s current home in Cook, DuPage, Kane, Lake, McHenry, or Will County, 50 miles from the child’s home in any other Illinois county, or out of state if the new home is more than 25 miles away.

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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 06, 2025 in Divorce

Divorce is never easy, but the idea of proving that your spouse caused the marriage to fail can make the process seem even more daunting. You might be wondering if you need to gather evidence of infidelity, financial misconduct, or abuse just to end your marriage. The good news is that Illinois law no longer requires you to assign blame. If you are thinking of filing, an Illinois family law attorney can help you understand how fault factors into a divorce and guide you through the necessary legal steps.

Is Illinois a No-Fault Divorce State?

Illinois follows a no-fault divorce system, meaning neither spouse is required to prove that the other did something wrong to cause the marriage to fail. Instead, state law requires that the couple has "irreconcilable differences" that have led to the breakdown of the marriage.

Under the Illinois Marriage and Dissolution of Marriage Act, the court must determine whether the marriage has broken down beyond the point of repair before granting a divorce. The law assumes this breakdown has happened if the spouses have lived separately for at least six months, although they do not have to live in different homes.

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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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