In Illinois, property division in a divorce is the process of splitting up property that you and your spouse accumulated during your marriage. But what is included in that property? Can you agree with your spouse to keep certain things if you give up others?
Illinois uses an equitable distribution system, which just means that assets and debts are divided fairly, but not necessarily equally. Understanding what must be divided, and what you may be able to keep, is the first step in the process.
At Fawell & Fawell, our DuPage County divorce attorney focuses exclusively on family law. We
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Mutual Stay-Away Orders vs. Orders of Protection During Divorce
Divorce almost always involves angry spouses, and in many cases, one spouse’s anger or violence triggers well-justified fear in the other spouse. This can lead spouses to ask the court to set clear boundaries for safety and peace of mind.
Illinois law provides two main tools for this: mutual stay-away orders and orders of protection. While both restrict contact between spouses, they serve different purposes and carry very different legal consequences. At Fawell & Fawell, our Wheaton divorce attorney can help you understand these options and decide whether you want to ask for a protective order.
What Is a Mutual…
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Child Custody for Non-Traditional Living Arrangements
Families today come in all shapes and sizes. Some parents live in tiny houses, travel internationally for work, or share a home with grandparents. These non-traditional living arrangements can be rewarding for children in many ways, but they can also complicate child custody decisions when parents get divorced.
If you are a parent navigating a divorce or custody case in Illinois, it is important to understand how your family’s lifestyle may affect your child’s custody case. Our Wheaton child custody lawyer can help.
How Do Non-Traditional Living Arrangements Affect Custody?
In Illinois, child custody decisions are based on the best…
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Can a Child Choose Which Parent to Live With in Illinois?
Child custody disputes are often the most stressful part of a divorce. Many parents wonder whether their child’s wishes will affect the court’s decision about parenting time. In Illinois, children do not have the final say about where they live. However, judges can consider a child’s preference as one of many factors when deciding what arrangement is in the child’s best interests. If you are facing a custody case, speaking with a DuPage County, IL family law attorney can help you understand how the law may apply to your situation.
Does a Child’s Preference Impact Custody in Illinois?
Illinois…
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Can Illinois Require Divorced Parents to Pay for Their Child's College?
Paying for college is a major financial undertaking, and many divorced parents wonder if Illinois law requires them to contribute. The short answer is yes. Illinois courts can order parents to help cover their child’s college costs after divorce, but that does not necessarily mean they will. To learn more about how this might impact your finances, speak with a DuPage County, IL divorce attorney about your specific situation.
What Does Illinois Law Say About College Expenses After Divorce?
Illinois is one of the few states where courts can order divorced parents to contribute to their child’s college education.
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5 Divorce Tips for Stay-at-Home Parents in Illinois
Getting a divorce may be one of the most difficult situations you may face during your life. Resolving financial concerns, adjusting your living situations, and determining child custody can be a lot to handle for anyone who is going through a divorce. However, the process can feel especially overwhelming if you are a stay-at-home parent.
When you have devoted years to caring for your children and managing your household, you may worry about your financial future, your ability to return to work, and how your divorce will affect your children. An experienced Wheaton, IL divorce attorney can help you understand…
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Can I Get More Time With My Kids if My Work Schedule Changes?
Parenting plans are created based on the circumstances at the time of your divorce. If your work hours were long, unpredictable, or conflicted with your children’s schedules, you may have been granted less parenting time than you hoped for. If things have changed and you now have a more flexible schedule, fewer conflicts, and the ability to be with your kids more consistently, it would be natural to wonder whether you can go back to court and ask for more time with your kids.
In Illinois, it may be possible to modify your parenting plan to reflect your new situation,…
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Can I Keep My Inheritance After Divorce in Illinois?
Dividing assets during a divorce can be stressful, especially when inheritance is involved. If you received money or property during your marriage and are now facing divorce, you may be concerned that your spouse might claim a portion. In Illinois, the way inheritance is addressed in the asset division stage of a divorce often depends on how that inheritance was handled. A qualified DuPage County, IL family law attorney can offer tailored insight into how this might apply to your specific circumstances.
Is Inheritance Considered Marital or Non-Marital Property in Illinois?
Under Illinois law, marital property includes most assets and…
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Can My Spouse Hide Income to Lower Child Support or Maintenance Payments in Illinois?
When a couple divorces or separates in Illinois, financial transparency is absolutely necessary, especially when children are involved. Unfortunately, some spouses try to hide income in order to reduce their obligations for child support or spousal maintenance. If you suspect this is happening in your case, it is important to understand your rights and how Illinois courts handle these situations.
As of July 2025, Illinois courts routinely rely on detailed financial affidavits, subpoenaed records, and expert evaluations to verify reported income. If you believe your spouse is not being truthful, an experienced DuPage County, IL family law attorney can…
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Is an Illinois DIY Divorce Ever a Good Idea?
We have become a nation of DIYers. Sometimes, learning how to do something new can be an exceptional experience, leaving you proud of the results. Other times, you may wish you had consulted a professional. While a DIY divorce could sound appealing in the sense that it seems less expensive, faster, and simpler, handling your own divorce can have unexpected adverse repercussions that can last for many years to come.
Think of it like this: Perhaps your car needs new brakes. You watch a few YouTube videos and read about the experiences of others who successfully put new brakes on…
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How Will Allegations of Domestic Violence Impact My Divorce?
Every nine seconds in the United States, a woman is assaulted or beaten; one in three women has been physically abused by an intimate partner. Overall, 20 people are physically abused by an intimate partner every minute. Domestic violence is widespread, and while nobody would defend domestic violence, there are occasions when allegations of domestic violence are made during a divorce for a very specific reason.
Since domestic violence can potentially affect the outcome of a divorce, specifically involving the allocation of parental responsibilities and parenting time, false allegations are sometimes made during the divorce. Despite the fact that…
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Mistakes to Avoid in Parenting Time and Parenting Plans
Creating a parenting time agreement (formerly known as “visitation”) and a comprehensive parenting plan can be among the most important – and stressful – issues in a divorce. The parenting time agreement is a legal document that outlines exactly when each parent will spend time with his or her child.
The parenting plan goes much further in-depth, detailing how pickups and drop-offs will be handled and much more. If you are going through a divorce, it can be extremely helpful to speak to an experienced Wheaton, IL family law attorney who can guide you through the process, helping you achieve…
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What Does It Mean When a Judge Imputes Income During Divorce?
Divorce proceedings are often complex, particularly when it comes to determining spousal support and child support. Both spouses must accurately report their income and expenses for these determinations. When one or both spouses fail to properly account for their income or expenses or deliberately pursue unemployment or underemployment to deflate support obligations, imputation can be considered an equalizer to rebalance the marital financial scales.
If you believe your spouse quit his or her job deliberately, is willfully underemployed, or failed to report his or her income and expenses accurately, it is time to speak to an experienced Wheaton, IL divorce…
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How to Approach a 604(b) Custody Evaluation in Illinois
Custody issues – known as the allocation of parental responsibilities in Illinois – are often the most difficult aspect of a divorce. Couples going through a divorce are usually required to try mediation, and if a mediated agreement cannot be reached, the Court could appoint a guardian ad litem (GAL), who is often another lawyer. The GAL will conduct an independent investigation into the child’s home situation before making a recommendation to the courts.
If there are still disagreements regarding parenting time or the allocation of parental responsibilities, the Court may choose to appoint a psychologist or psychiatrist who will…
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When Are Parental Relocations Approved in Illinois?
When a parent relocates with a child, it can have serious implications for the custody order. In Illinois, there are strict laws about how far a parent can move without the court’s approval. If you are considering a relocation or want to petition against a relocation, an Illinois family law attorney can help.
At Fawell & Fawell, we make your family our priority. We understand how significant a relocation can be, and so we will make sure you are fully informed of your rights from the beginning of your case to the end. Our firm is ready to hear…
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Financial Burdens in a Divorce
There is no denying that divorce can be expensive even at the best of times. In addition to the legal fees, you may end up making long-term payments because of a court order. Before filing for divorce, you should know what to expect and be ready to advocate for your right to financial stability. An Illinois family law attorney can help you plan for possible financial burdens while advocating for your best interests.
At Fawell & Fawell, we take the time to understand the needs and goals of our clients during a divorce. We will argue for a fair settlement…
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