In the state of Illinois, the best interests of the child are always the overriding concern when determining the allocation of parental responsibilities, parenting time, and which parent will be the primary residential parent (the parent the children live with the majority of the time). The allocation of parental responsibilities determines how the parents will make important decisions for their children.
There is a presumption that both parents will work together to negotiate an agreement that clearly outlines each parent’s rights and decision-making capacity. The major decisions in a child’s life include choices regarding religion, education, health and medical…
Continue Reading Is a Strict 50/50 Parenting Time Split Realistic?

Conflict is, unfortunately, a part of divorce for most couples. Even spouses who begin a divorce in agreement on most issues can soon begin having problems. Of course, there is conflict, and there is the kind of conflict many of us cannot even imagine. When one spouse has a high-conflict personality, divorce will be much more complex, costly, and time-consuming – a true roller-coaster ride of intense emotions.
A high-conflict divorce is generally considered one in which one or both spouses engage in negative behaviors. This is meant to inflict emotional pain on the other spouse and sometimes is meant…
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In an ideal world, divorcing spouses would be able to resolve all their disagreements and follow any orders handed down by an Illinois family court judge. Unfortunately, we do not live in an ideal world. One spouse may sometimes refuse to cooperate with an order or could even directly disobey an order, requiring enforcement of the judgment.
For example, one spouse may have been ordered to pay spousal support but refuses to do so because he or she feels the ruling was unfair. A judge’s orders could be permissive or prohibitive. A permissive order grants either party permission to…
Continue Reading Could I Be Held in Contempt for a Divorce-Related Issue?

Unfortunately, mistakes made during a divorce can have long-term negative consequences. When you are in the middle of a divorce that seems to be going on forever, and you are sick of arguing with your spouse, it can be tempting to simply say “You can have whatever you want.” While understandable, this is never a good strategy.
Months or even years later, that choice can come back to haunt you in a big way. After choosing an experienced Naperville, IL divorce attorney that you trust to have your back, the best thing you can do is stay the course. Remind…
Continue Reading What Are the Most Common Mistakes Made During a Divorce?

Although most people who receive spousal maintenance in Illinois understand that those payments will stop if they remarry, cohabitation, or living with another person, can also result in the termination of monthly payments. A complex group of factors must be carefully navigated to avoid the termination of monthly spousal maintenance payments – which could be a financial lifeline for you at this point in your life.
Perhaps you are not cohabitating with another person in the romantic sense; rather, you are renting out a room in your home to an old friend who just happens to be of the opposite…
Continue Reading The Legal Nuances of Cohabitation in Relation to Alimony

Many parents must work to pay necessary expenses. After a divorce, money may be tighter for both parties, making working even more vital. This means that younger children may need daycare when no close family member can care for them. As of 2023, about 23 million children ages five and under lived in the United States, with seventy-one percent of them living in households where both parents work. As a result, many working parents need some form of childcare arrangements.
If you are in the middle of a divorce and are facing issues with the allocation of parental responsibilities and…
Continue Reading What Impact Could Divorce Have on Daycare Decisions?

Prenuptial agreements are becoming much more common across the United States. A significant percentage (19 percent) of prenuptial agreements are prepared in New York, followed closely by California and Florida. In most cases, one partner in the relationship is the driving force behind the prenuptial agreement. The reasons for seeking a prenuptial agreement range from protecting business interests to providing for children from a previous marriage.
If your fiancé asks you to waive spousal support in a prenuptial agreement, should you agree? Of course, there are many factors to consider in an important decision like this, and the…
Continue Reading Should I Sign a Prenuptial Agreement with an Alimony Waiver?

Divorce is a process that many are not prepared for. Because of this, it is helpful to have a divorce attorney you trust who can guide you through the process, answer your questions, and explain how things will work.  At some point during your Illinois divorce, your attorney may tell you there is an upcoming status hearing. Your divorce may have multiple status hearings, motions sent back and forth, interrogatories, possibly a divorce deposition, a pre-trial, and a trial if you and your spouse disagree on issues and cannot reach a pretrial settlement.
A status hearing allows both parties to…
Continue Reading What is an Illinois Status Hearing and What Should I Expect?

The allocation of parental responsibilities often comes with what may seem like constant difficulties with your ex. This can include when the other parent moves within the 25-mile allowable range, and you realize that move is leaving you with less and less time with your child. Years ago, the laws governing how far a primary residential parent can move in Illinois without court approval changed.
Up until the change, the primary residential parent could move anywhere within the state without Court approval or the approval of the other parent. This changed to allow the primary residential parent to move up…
Continue Reading When a Parent’s Move Causes Difficulties for the Other Parent

The allocation of parental responsibilities can be one of the tougher parts of your divorce. Decisions must be made that are in the best interests of your child, regardless of how you or your ex feel about it. Old grievances and feelings toward your ex must be set aside in order to work together for the good of your child. The following scenario could apply to virtually any issue that divides parents and makes co-parenting difficult.
You and your ex share custody of your seven-year-old daughter. Two years after the divorce, the two of you have been mostly successful at…
Continue Reading What Can I Do If My Ex Only Feeds Our Child Junk Food? | IL

While pets have long been considered “property” to be divided during a divorce under the rules of equitable distribution, as of January 2018, the state of Illinois allows judges to consider the well-being of the pet. Pets and their owners often have deep emotional bonds, and breaking those bonds can be harmful to the owner and the pet. Unfortunately, some spouses use pets as a bargaining chip to get what they want from the divorce.
In particular, if the pet or pets largely belong to one spouse, the other may threaten to keep the pet if he or she…
Continue Reading Can I Be Awarded Custody of My Pet During My IL Divorce?

Many people are familiar with the five stages of grief following the death of a loved one. A divorce, while not a death, is still a loss. The end of a marriage is so painful because it not only includes the loss of a partnership but also the loss of the dreams and commitments shared by the couple. Like death, divorce is life-altering for many, resulting in an array of emotions along with changes and challenges.  
When a couple decides to divorce, no matter how friendly the divorce begins, the process can be filled with landmines. Marital assets must…
Continue Reading What Are the Five Stages of Divorce – And Which is the Worst?

Many couples have found that behaviors by in-laws they might have considered a bit quirky before the marriage can quickly become intrusive. Unfortunately, there is no rule book for how to handle your in-laws after marriage, and while in-law troubles may not cause divorce, they can certainly be a contributing factor. The trouble may not be that a spouse’s in-laws behave badly but that the spouse resents the fact that a husband or wife is not giving first loyalty to the marriage during these squabbles.
Communication difficulties, poor conflict resolution, and a partner’s lack of respect all made it into…
Continue Reading Can Intrusive In-Laws Impact My Custody and Parenting Plan?