Posted on July 04, 2025 in Divorce

Mental illness can impact several components of divorce proceedings in Illinois. It may affect custody, spousal support, and even property division. If you have questions about how mental health might affect your divorce process, an experienced Illinois divorce lawyer can help. Mental illness can complicate divorce. For that reason, having someone to guide you and protect your rights is invaluable.

Can Mental Illness Impact the Allocation of Parental Responsibilities in Illinois?

Mental illness can directly influence how the court divides parental responsibilities. It depends on whether it affects the parent's ability to care for the child safely. Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act says that courts must make these decisions based on what is best for the child. In doing so, they consider several factors, including the mental and physical health of all parties involved. Judges even order psychological evaluations to assess a parent’s fitness when mental health concerns arise.

Continue Reading ››

 Posted on June 28, 2025 in Business Contracts

When adultery happens in a marriage, it often leads to deep emotional pain, making divorce even more contentious. However, when it comes to Illinois divorce law, many people are surprised to learn that cheating does not always have a major legal impact. If you are concerned about how an affair may affect your rights during the divorce process, an experienced Illinois divorce attorney can help you protect your interests in every area, from spousal support to child custody, now called "parental responsibilities" in Illinois.

Do You Have To Prove Fault To Get a Divorce in Illinois?

Illinois is a no-fault divorce state. That means spouses no longer need to prove infidelity, cruelty, abandonment, or any other form of wrongdoing to get a divorce. Under the law regarding the dissolution of marriage, 750 ILCS 5/401(a), the only recognized reason for divorce is "irreconcilable differences." Once both spouses live separately for at least six months, the court assumes irreconcilable differences exist, and no other proof is needed.

Continue Reading ››

 Posted on June 20, 2025 in Family Law

Getting through a divorce in Illinois can be complicated and overwhelming. If you are initiating divorce or considering the modification of post-decree matters, understanding the most recent changes to the Illinois Marriage and Dissolution of Marriage Act is important. The laws that govern spousal maintenance, child support, parental responsibilities, and relocation were updated in 2025 and could directly impact your case. An experienced Illinois divorce attorney can help you make sense of these rules, protecting your rights through every step of the legal process.

Changes to Spousal Maintenance in Illinois

As of January 2025, Illinois no longer allows spousal maintenance, commonly known as alimony, to be paused because the paying spouse is incarcerated. Changes to statute 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act removed language stating that no support would accrue while a party is imprisoned. This change closes a legal loophole that previously allowed some payors to avoid building up back payments when serving time. However, in some cases, the court may find a compelling reason to suspend or modify payments.

Continue Reading ››

 Posted on June 10, 2025 in Divorce

Many of the decisions you need to make in family law and divorce involve your finances. The complex emotions that are usually present in these situations are not hard enough to deal with, and some common complications can make these matters even more challenging. Fortunately, our experienced Arlington Heights, IL family law attorneys know how to overcome these challenges and can help you navigate your issues.

Which Divorce and Family Law Decisions Involve Finances?

Finances are heavily involved in asset division, debt allocation, child support, and spousal maintenance matters. Modifications and enforcement can also be based on financial concerns. When complications affect the way you resolve these issues, you need the assistance of a competent lawyer to protect your interests during the process.

Wasting or Hiding Assets

Continue Reading ››

 Posted on May 28, 2025 in Family Law

The primary difference between prenuptial and postnuptial agreements, also known as prenups and postnups, is timing. The goal is to protect both parties in marriage and divorce, and if carefully crafted, a prenup or postnup can be a great asset to your financial future. If you have questions about getting a prenup or postnup, our Arlington Heights, IL family law attorneys can offer invaluable insight and help you create an ironclad contract that will make you and your spouse feel comfortable.

Are Prenuptial and Postnuptial Agreements Essentially the Same in Illinois?

Prenuptial and postnuptial agreements outline how to handle key aspects of the divorce process, such as asset division, debt responsibility, and spousal maintenance, making divorce proceedings less contentious and more straightforward. The difference between a prenup and a postnup is in the timing, reflected by their names. A prenup is signed before the marriage, and a postnup is signed after. The laws governing both are outlined in the Illinois Uniform Premarital Agreement Act (IUPAA) and the Illinois Uniform Marital Property Act (IUMPA).

Continue Reading ››

 Posted on May 19, 2025 in Child Custody

A guardian ad litem (GAL) is a central figure in Illinois family court cases involving children. Family disputes can be challenging for children, and without support, their voices can be buried in the contentious atmosphere. An Arlington Heights, IL family law attorney can help you understand the role of a GAL, how they may impact your case, and how best to communicate with them.

What Is a Guardian ad Litem?

A guardian ad litem is a lawyer who represents the child and their purpose is to investigate and make recommendations to a judge about what is best for the child. You often see GALs in cases involving divorce, child support, and the allocation of parental responsibilities, more commonly known as child custody. The court will often appoint a GAL in cases when the parents cannot agree on the terms of parental responsibilities or when the child’s interests seem to be at risk. 

Continue Reading ››

 Posted on May 08, 2025 in Divorce

Divorce can seem like a huge undertaking. Some delay the process, fearing it will become a prolonged, bitter fight. However, not all divorces are created equal, and you have options, including mediation, that can smooth the bumpy road and make the process less intimidating for both parties. When you need the court to intervene, you can still have an experienced Arlington Heights, IL divorce attorney on your side to walk you through the legal process and protect your rights.

What Is Divorce Mediation in Illinois?

Under Illinois law, mediation refers to a meeting outside the courtroom where a professional, often an attorney, acts as the mediator between both parties. The mediator's job is to keep the conversation on track toward an agreement about the divisions that must be made during a divorce. Often, the mediator will make helpful suggestions and offer legal routes to compromise that make the process swift and straightforward. Mediation is effective when both parties create a divorce decree and feel their rights were protected and they were not required to overly compromise on important issues.

Continue Reading ››

 Posted on April 28, 2025 in Family Law

Life does not always stay the same after a divorce or parenting agreement is finalized. One common change many parents experience is a shift in their work schedule. Whether you are starting a new job, picking up more hours, or moving to a different shift, you might wonder how this affects your parenting time. Illinois allows you to request a modification to your parenting plan if your new work schedule makes it hard to follow the current arrangement. If you are wondering how parenting plans can adapt, a knowledgeable Illinois family law attorney has answers and can explain your options.

What Is Included In an Illinois Parenting Plan?

A parenting plan is a legal agreement outlining how parents are expected to divide time with the child and share responsibilities. It includes where the child lives, how holidays are spent, and who makes major decisions that impact the child. Once this plan is approved by the court, both parents are expected to follow it. But life changes, and sometimes the plan needs to change too.

Continue Reading ››

 Posted on April 18, 2025 in Family Law

When a parent wants to relocate with their child after a divorce, there can be several questions and concerns. In Illinois, parents cannot simply move out of state or even to another city without going through the proper legal steps, especially when there is a court-ordered custody arrangement in place. Understanding how parental relocation works under Illinois law is crucial for ensuring that your rights—and your child’s best interests—are protected. To learn more, speak with a qualified Arlington Heights, IL family law attorney.

What Is the Legal Process for Parental Relocation?

In Illinois, parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act, which outlines specific rules for when and how a parent can move with their child after a divorce. If a custodial parent wants to move more than 25 miles from their current residence within the state, or if they want to move out of state, they must seek approval from the court.

Continue Reading ››

 Posted on April 04, 2025 in Child Custody

When parents get divorced, legally separated, or were never married to begin with, they have a custody agreement that outlines each of their responsibilities and rights regarding their child. When one parent refuses to uphold the terms of the agreement, it can create significant stress and conflict. Fortunately, custody agreements are legally binding, so if your ex refuses to abide by yours, a qualified Illinois family law attorney can explain your rights and how you might proceed. 

How Can I Address a Violation of My Custody Agreement?

If your child’s other parent is ignoring the terms of your custody order, consider taking the following steps to address the issue:

Continue Reading ››