Divorce is a stressful, frustrating time for most couples. Depending on various factors, your divorce may take months or even a year or more to finalize. When you are dealing with one divorce issue after another, it can be difficult to keep your focus on your career. Whether your divorce is contested or uncontested and whether you have children with your spouse can significantly impact the time your divorce will take and the headaches you will face.
While there is no waiting period in the state of Illinois for an uncontested divorce – as long as you meet the residency …
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Almost from the beginning, divorce laws have varied immensely by region, with the first American divorce granted in 1639 in Massachusetts. While the law has evolved to the point that the goal is to treat both spouses the same during a divorce, some antiquated divorce laws remain on the books.
By the beginning of the 19th century, divorce, while still rare, was becoming more frequent. The advent of “no-fault” divorce in the 1970s and 1980s resulted in another significant increase in divorce, as spouses were no longer required to prove fault. More recently, divorce rates plateaued and then decreased over…
Continue Reading What Are the Strangest Divorce Laws Across the United States?

Divorce is a stressful time in a couple’s life. Perhaps financial struggles are one reason for the divorce. In fact, financial issues are the second leading cause of divorce after infidelity. As a couple, you may have even talked about filing for bankruptcy so the two of you could get a fresh financial start.
Now that you have decided to divorce, you may wonder whether you and your spouse should file bankruptcy before the divorce or whether it would be more beneficial to file after the divorce as a single person. The answer can be complex and unique to you…
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It is widely known that infidelity can damage a marriage. While some couples can work their way through infidelity and remain together, at least half of all couples who discover their spouse was unfaithful will divorce. Women are more likely to file for divorce following infidelity by their partners than men. Infidelity can also have financial implications during a divorce and after.
A bitter spouse with a grudge because of a partner’s infidelity is more likely to argue over assets, spousal support, and custody decisions. Clearly, infidelity affects marriage and divorce for adults, but how does a parent’s infidelity…
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Across the United States, fathers get about 35 percent of child custody time. That number is lower in Illinois, with fathers receiving only about 23.1 percent of child custody time. Decades ago, when many women were stay-at-home moms, mothers were more likely to receive physical custody of the children during a divorce. A legal rule known as the “tender years doctrine” said a newborn belonged with the mother for up to two years. In the 1970s, most states abolished the tender years doctrine in favor of the best interests of the child.
With many mothers working outside the home, judges…
Continue Reading Do Dads Still Get the Short End of Custody and Visitation?

Across the state of Illinois, the number of domestic violence deaths in 2023 spiked by 110 percent. This unprecedented increase in the number of deaths resulting from domestic violence added to calls for the passage of Karina’s Bill. Although the report—compiled by the Illinois Coalition Against Domestic Violence—is usually released in October, the results were so alarming it was released on July 24, 2024.
Shockingly, domestic violence is a factor in almost a quarter of all divorces. High-conflict divorces involve hostility, heated arguments, and actions meant to cause the other spouse financial, physical, or emotional harm. It is crucial…
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Divorce data from 1990 to 2021 found that divorce rates for those over 45 increased during that time period, while divorce rates for those younger than 45 actually dropped. The most significant increase was among those 65 and older—the rate of divorce for this age group tripled from 1990 to 2021.
Because of the significant increase in what is known as “gray divorce,” property division issues during divorce–including the division of Social Security benefits—have moved to the forefront.  To ensure you receive the best, most knowledgeable legal advice during your divorce, it is essential that you speak to a skilled…
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Illinois statutes regarding child custody interference make it unlawful to “deprive another person of his or her rights to visitation, parenting, time, or custody time.” The first two violations of the statute are petty offenses, but a third violation is a Class A misdemeanor with maximum penalties of up to 364 days in jail, a fine of up to $2,500, mandatory court assessments, revocation of the offender’s driver’s license, or up to two years of court supervision.
Child custody interference occurs when one parent deprives the other parent of custody or visitation time. A parent may refuse to return the…
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While legally, pets are property, realistically, they are more like family members. The bond between people and their companion animals can be incredibly strong. Losing a pet in your divorce can impact your mental health and lead to a sense of loss. Many pet owners find that being responsible for a dog or cat makes them more active and much happier. Prior to 2018, courts had no choice but to allocate dogs, cats, birds, and other companion animals as they would any other marital asset – by awarding them to one spouse or the other. Now, courts have the ability…
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Contested child custody cases can be hard on everyone involved. It is usually best for parents who are getting divorced to try to agree to a parenting plan out of court with the help of their attorneys and a mediator. However, there are instances where child custody mediation fails, and the parents must allow the court to make decisions. As a parent, you might need to make the decision that litigating child custody is necessary to protect your children if the other parent is being unreasonable or would not do what is best for the children. If you need the…
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Older adults are more likely than younger people to fall prey to financial abuse. The perpetrator can be an adult child, a caregiver, or even your spouse. It is more common than you might think for one spouse to take advantage of the other financially, especially when both spouses are at retirement age. If you are a retirement-age adult questioning whether you want to stay married to your spouse, you should speak to an experienced Naperville, IL complex divorce attorney at once. A skilled lawyer can help you recognize the signs of financial abuse in your marriage and take steps…
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Infertility is a challenge that many people face, and the rate of couples who deal with infertility is on the rise. Because of this, we can expect to see more and more legal cases, such as divorce, involving questions around fertility. Just a few weeks ago, for example, the Alabama Supreme Court ruled that frozen embryos are legally considered “people,” making questions about what happens to fertilized embryos in a divorce in that state much more complicated.
Although the chances of such a law being passed in Illinois are effectively zero, Illinois couples who have frozen embryos and are…
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Getting out of an abusive marriage is not easy. No matter what type of abuse your spouse has inflicted on you, leaving him can be emotionally challenging. Most abusers try to make their spouses believe that they need the abuser and cannot handle life on their own. You may have been made to feel that you are completely dependent on your abuser and cannot leave. However, when you begin divorce proceedings, you will likely find that your spouse manipulated you into feeling that way and you are perfectly capable of living without him. You need to be represented by an…
Continue Reading Recognizing Spousal Abuse in Your Marriage