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 28, 2025 in Child Custody

A parenting time schedule should serve the best interests of the child, but sometimes, life changes may make an adjustment necessary. Whether you are dealing with a new work schedule, a relocation, or concerns about your child’s well-being, modifying parenting time requires legal action. In Illinois, courts will only grant modifications if certain conditions are met. If you need guidance with altering parenting time, an Illinois family law attorney can help you understand the process.

When Can Parenting Time Be Modified in Illinois?

Under state law, a court will only modify parenting time under specific circumstances. If both parents agree to the change, they can submit a request for court approval. However, if the other parent does not agree, you must prove that a modification is necessary.

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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 20, 2025 in Child Custody

Relocation can complicate custody arrangements, especially when one parent moves far away. Whether it is across the state or the country, relocation can create emotional and logistical challenges for both parents and children. A new job, family commitments, or a fresh start may make the move necessary, but how will it affect parenting time? An Illinois family law attorney can help parents navigate the legal relocation process and create a plan that allows for meaningful parent-child relationships despite distance.

What Does Illinois Law Say About Parental Relocation?

Illinois law requires the parent with primary custody to seek court approval before moving a significant distance with their child. The law defines relocation as a move:

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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 14, 2025 in Asset Division

Divorcing with significant wealth at stake is rarely a simple process. High-net-worth divorces involve intricate financial matters, from dividing luxury real estate and investment portfolios to determining business ownership rights. Every asset must be carefully reviewed to ensure a fair distribution while safeguarding your long-term financial interests. Courts will weigh multiple factors when determining who gets what, so it is important to seek the guidance of a strategic Illinois divorce lawyer to protect your wealth during the process.

How Do Illinois Courts Divide Assets in a High Net Worth Divorce?

Illinois follows equitable distribution laws, meaning courts divide marital property fairly rather than enforcing an automatic 50/50 split. To make this decision, judges will consider factors such as:

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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 06, 2025 in Asset Division

Divorce can feel like untangling a knot of shared responsibilities, emotions, and financial obligations. While dividing property often takes the primary focus, deciding who will take on marital debts can be just as important, and just as stressful. Credit cards, car loans, and even student loans all need to be addressed. If you are facing divorce, understanding how Illinois handles debt division can give you clarity and help you plan for the future. Partnering with an Illinois divorce lawyer can protect your financial interests during every step of the process.

What Is Considered Marital Debt?

In Illinois, marital debt includes any debt incurred by either spouse during the marriage. This can include, but is not limited to, credit card balances, mortgages, car loans, student loans, and medical bills.

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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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