Dividing property during a divorce is often challenging. It can be hard to know what belongs to both spouses and what belongs to only one person. Illinois uses specific rules based on equitable distribution to decide how property should be classified and divided. You need to know the rules to ensure you end up with a fair settlement. Our team of Orland Park, IL property division lawyers can provide guidance tailored to your specific situation.
How Does Illinois Law Define Marital Property?
Under the Illinois Marriage and Dissolution of Marriage Act, the courts have guidelines to decide what is considered
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Does My Ex Keep Paying Child Support if They Have Another Child?
In Illinois, a new baby or stepchild can affect a parent’s finances, but it does not automatically cancel or reduce child support obligations. Courts look closely at both parents’ incomes, family size, and the needs of each child before deciding if payments should change. If you are unsure what this means for you, the Joliet, IL child support lawyers at The Foray Hurst Firm can help you understand your rights.
How Do Illinois Courts Calculate Child Support?
Under Illinois’s income-shares model (750 ILCS 5/505), the court uses both your incomes to figure out how much support should be
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Creating an Illinois Parenting Plan When You Have Been the Primary Caregiver
Creating a parenting plan is one of the first steps in a child custody case. Illinois law requires parents to submit this plan to explain how they will divide time and make decisions for their child. For parents who have been the primary caregivers, there are many elements to consider. With help from experienced Orland Park, IL child custody lawyers, you can build a plan that protects your bond with your children and supports their stability.
Illinois Parenting Plan Requirements
According to 750 ILCS 5/602.10, both parents must file a parenting plan within 120 days after starting a
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How Can Online Activity Impact Divorce in Illinois?
In today’s digital world, what you post online could easily show up during divorce proceedings. Social media, text messages, and even dating apps leave behind evidence that may be used in court. In Illinois, judges may allow online activity to be introduced as evidence that affects property, custody, and support. Our Joliet, IL divorce lawyers will guide you through the steps needed to protect both your case and your privacy.
Can Online Posts Be Used as Evidence in Illinois Courts?
In Illinois, social media posts, emails, and text messages can be treated like any other type of evidence. Under
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When Can You Ask the Court To Change a Custody Agreement in Illinois?
Parents who share custody of their children sometimes find that life changes impact their parenting. When this happens, the parenting plan that once fit the family’s needs may no longer serve the best interests of the child. If you need to modify your existing plan, an experienced Orland Park, IL child custody lawyer can guide you through the process and help you understand what the court requires to make a change.
Understanding Custody Agreements Under Illinois Law
In Illinois, the law uses the term “allocation of parental responsibilities” rather than “custody.” This includes both decision-making authority and parenting time. Once
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Can I Fight a Prenup if I Signed Away Alimony?
Many people sign prenuptial agreements with confidence, believing they are simply planning ahead. But divorce rarely unfolds exactly as anyone expects. If you signed a prenup that waived your right to alimony, you may now find yourself in a very different situation.
For example, people often have to give up productive careers to spend years as the primary caregiver to a sick or disabled child, or to support a spouse’s business. Suddenly, the financial independence you once assumed you would have is gone, and the prenup feels unfair.
As of August 2025, Illinois law still allows spouses to challenge prenuptial
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5 Things to Think About if You're Getting Divorced with a Special Needs Child
Divorce changes every part of family life, but for parents of a child with special needs, the transition carries an added layer of considerations. Standard parenting plans and support orders are rarely enough; you need a plan that considers the day-to-day realities of caregiving and the long-term care your child will need well into adulthood.
At The Foray Firm, our Joliet, IL divorce attorneys work closely with parents navigating divorce and disability. Our mission has always been to help all families preserve dignity, stability, and peace through even the most difficult transitions. Below are five essential considerations to keep in
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Can I Stop Paying Alimony If My Ex Gets Engaged?
Alimony, or spousal maintenance as Illinois law calls it, is one of those obligations that can feel especially heavy after a divorce. If your ex gets engaged, it is natural to wonder if that means you can stop paying. The short answer? Not yet. Illinois courts have clear rules about when support ends, and engagement alone is not enough.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), spousal maintenance helps a lower-earning spouse adjust financially after a marriage ends. But maintenance usually only ends if your ex remarries, starts living with someone in a
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How Will Issues Related to Child Care Affect Child Custody Decisions?
When divorcing or unmarried parents need to address issues related to child custody, they may encounter disagreements about how they will divide parental responsibilities and when children will live with each parent. There are a variety of factors that may play a role in decisions related to the allocation of parental responsibilities and parenting time, and one important issue will involve the parents’ history of providing care for their children. By understanding how child care that has been and is currently being provided by parents will be addressed during a family law case, parents can take steps to protect
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5 Things Parents Can Do to Make Divorce Easier on Children
The end of a marriage can be an incredibly stressful time for both parents and children. Despite parents’ best efforts, children may feel caught in the middle of a divorce. They may worry that the divorce is their fault, or they may feel like they will have to choose sides between their parents. They may also be concerned about how their lives will change, whether they will be required to move to a new home or change schools, and when they will be able to see and spend time with each parent. Addressing these issues can be difficult for
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Do I Need a Financial Restraining Order During My Divorce?
The divorce process can be stressful and difficult, and it can affect you both emotionally and financially. As you take steps to separate from your spouse, you may become concerned about how your money or property will be handled. While you may be able to resolve minor financial disagreements with your spouse during the divorce process, there are some situations where you may need to address significant financial concerns such as the concealment or destruction of marital assets. In these cases, it may be necessary to seek a financial restraining order. By understanding the role that these types of restraining
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Do LGBTQ+ Couples Need a Prenuptial Agreement?
Over the past decade, the number of LGBTQ+ couples who have chosen to get married has increased significantly. However, just like any other couple, an LGBTQ+ couple may face problems in their marriage that could lead to a separation or divorce. While the same laws apply to same-sex couples or other LGBTQ+ partners as in “traditional,” opposite-sex marriages, there are a few unique issues that can arise in these situations. Because of this, it may be beneficial for LGBTQ+ couples to consider a prenuptial agreement. By discussing these issues with an attorney who is experienced in LGBTQ+ family
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Can a Parent Who Shares Custody Object to the Use of a Babysitter?
For parents who are divorced or separated, sharing custody of children is not always easy. A parent who has been used to making decisions for their children, providing care at all times, and handling child-related issues that arise may struggle to let go during the times that their children are not with them. While a well-crafted parenting plan can alleviate some of these issues by establishing rules and boundaries and detailing how certain parenting issues will be handled by both parents, some concerns may still arise about whether children are being properly cared for.
One issue that parents may encounter
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How Will My Divorce Affect My Business?
If you are a business owner who is contemplating divorce, you may be wondering how the end of your marriage will affect your ability to continue owning and operating your business and generating income. This is a valid concern, and you may be worried that your divorce may affect both your personal life and your career, leading to disputes over the ownership of your business, as well as potential financial difficulties. By understanding how the divorce laws in Illinois may affect your business, the methods that may be used to establish the value of business assets, and your options
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What Happens if a Parent Does Not Pay Child Support?
Illinois courts consider child support to be the child’s right. Every child deserves to have financial support from his or her parents, even if the parents are unmarried or divorced. When an official child support order is issued, the parent is required to pay the full amount, on time. Chronic failure to pay child support can lead to significant consequences.
Penalties for Failure to Pay Child Support
It is important to note that this blog discusses official child support orders, not handshake agreements between the parents. If a parent is not complying with a child support order, he or she
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What You Should Know About Mandatory Mediation During a Child Custody Dispute
Parents often disagree about how child custody matters should be handled. For example, one parent may wish to have virtually all of the parental responsibilities and parenting time, while the other parent believes that custody should be split 50/50. Parents may also disagree about where their child should go to school, the types of extracurricular activities or religious practices the child should be involved in, or countless other issues.
When divorcing parents disagree regarding child-related legal issues, the court may require the parents to attend mediation. If you are a parent who is planning to divorce, make sure you understand
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