Posted on July 28, 2025 in Child Custody / Parental Responsibilities

Going through a divorce can be emotional, stressful, and confusing, especially when it comes to understanding the legal procedures involved. One of the most important parts of any Illinois divorce case is the discovery process.

Discovery allows both spouses to gather and exchange necessary information to ensure fair decisions on issues like property division, the allocation of parental responsibilities, and spousal maintenance. This exchange is the key to reaching a fair divorce agreement. A knowledgeable Chicago, IL divorce lawyer can help guide you through this phase and protect your rights.

What Is Discovery During Divorce Proceedings?

In Illinois, discovery is a legal process used to collect evidence and information from the other spouse. This step is important because each party needs access to accurate and complete facts to properly evaluate settlement offers or prepare for trial. Discovery ensures transparency and prevents surprises in court. It can be informal, such as voluntary exchanges of documents, or formal, which involves a series of legally binding requests.

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 Posted on July 17, 2025 in Family Law

Going through a divorce can raise many questions, especially about finances and ongoing obligations. It is common for a spouse who did not work during a marriage to receive alimony, also known as spousal maintenance, in Illinois. However, the court carefully considers several factors before ordering support. If you have questions about the financial implications of divorce, a Chicago, IL spousal maintenance attorney can explain your rights and obligations under Illinois law.

What Is Spousal Maintenance in Illinois?

Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act, the court may grant spousal maintenance at its discretion. This is financial support that one spouse may be ordered to pay to the other after a separation or divorce. It is intended to help the lower-earning spouse maintain a lifestyle similar to what they experienced during the marriage. The purpose is not to punish either spouse but to balance economic fairness, particularly if one spouse was financially dependent during the marriage.

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 Posted on June 30, 2025 in Property Division

Dividing a marital home is one of the most emotionally and financially significant aspects of the divorce process. For many couples, their house is both the largest asset and the place most closely tied to family memories. 

Whether or not you have to sell your home depends on several factors, including who the house belongs to, how much equity you have in the home, and your willingness to cooperate with your spouse. A Chicago divorce attorney can help you understand your legal rights and walk you through the property division process of divorce.

Is the House Martial Property in an Illinois Divorce?

The first step in dividing assets during divorce is to classify everything, including the marital home, as marital or non-marital property. Statute 750 ILCS 5/503 deals with property and debts, and under this law, marital property generally includes all assets acquired by either spouse during the marriage. This includes real estate like homes and investment properties. Even if only one spouse’s name is on the deed, the house is likely considered marital property if it was purchased or paid for during the marriage.

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 Posted on June 16, 2025 in Divorce

Going through a divorce with someone who has a substance abuse problem can complicate even the most basic parts of divorce, including asset division, child custody, and visitation. If you have concerns about how your spouse’s addiction will impact the divorce process, a knowledgeable Chicago divorce attorney can explain your legal options and offer guidance to get you through divorce in one piece.

Substance Abuse and Asset Dissipation in an Illinois Divorce

Alcohol and drug abuse can have a significant financial impact on a divorcing couple. If your spouse is struggling with active addiction during divorce proceedings, they may spend a significant amount of money or sell shared property to finance their addiction. This can profoundly affect the property division component of the divorce process.

Illinois is an equitable distribution state. This means that property characterized as marital property will be divided fairly, which is not always equally. The Illinois Marriage and Dissolution of Marriage Act defines marital property as any assets or liabilities acquired during the marriage, including your home, vehicles, and financial accounts. If your spouse is spending funds or selling property that belongs to both of you under Illinois law, you likely have a valid claim for asset dissipation.

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 Posted on May 22, 2025 in Divorce

Navigating divorce for older couples can be challenging. Often, the cases are much more complex, require a forensic approach to dividing decades of shared finances, and a compassionate understanding of the emotional toll of divorcing after many years of marriage. 

If you have questions about your rights and what to expect from divorcing later in life, talk to an experienced Chicago gray divorce attorney today. First, consider some unique financial factors about "grey divorce" that you should know.

What Are the Financial Implications of a Gray Divorce in Illinois?

The financial complexity of divorce is a primary concern for couples over 50. The value of assets accumulated over a long marriage is often substantial, creating a more complicated asset division process. 

Couples divorcing later in life often have more complex assets, such as businesses, investments, and large retirement accounts. Illinois is an equitable distribution state, which means that the law mandates that marital property be divided fairly, rather than equally. Equitably dividing assets in a grey divorce requires careful consideration to avoid penalties, negative tax implications, and difficulty in retirement. 

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 Posted on May 07, 2025 in Divorce

One of the first things most people want to know when they are thinking about getting divorced is how long the process will take and how much it will cost. People often wonder whether they can get an uncontested divorce and save themselves time and money by doing so. While uncontested divorce can be a great option, it is not available or realistic in every situation and understanding whether it is an option for you is the first step when deciding how to manage your own divorce.

The difference between contested and uncontested divorce is largely related to the cost and the length of the divorce process. Several factors can influence your choice between the two, including how well you and your spouse communicate, your willingness to compromise, and the extent of your asset portfolio. A Cook County, IL divorce attorney can help you understand the legal requirements of each type of evidence, ensuring you make an informed decision about which path to divorce is right for you.

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 Posted on April 24, 2025 in Child Custody / Parental Responsibilities

In Illinois, the rules of identifying parentage can become complicated. When a child is born to a married mother and father, both are legally recognized as the parents. However, legal recognition can become slightly more complex when the parents are not married.

The mother is still automatically a biological and legal parent, but the father will need to establish legal parentage in another way. If you have questions about how these laws may impact your parental rights, a Cook County, IL paternity attorney can help you understand the process, starting with a Voluntary Acknowledgement of Paternity.

What Is a Voluntary Acknowledgement of Paternity?

The Voluntary Acknowledgement of Paternity (VAP), sometimes called a Voluntary Acknowledgment of Parentage, is the declaration a father makes to claim that he is the father. In cases where both parents agree to establish a man as a child’s legal father, both parents sign the document, and nothing else is needed to prove paternity. Often, you can sign at the hospital immediately following the baby’s birth. However, if, as the father, you were not present for any reason, you can sign after the birth.

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 Posted on April 08, 2025 in Property Division

The division of property and assets is a standard procedure during divorce proceedings. Your business is considered one of your assets. An experienced Cook County, IL divorce attorney will walk you through the business valuation and help you understand whether the company is subject to equitable division. Without legal representation, you may face challenges in securing a fair share of assets.

When Is a Business Considered a Marital Asset?

When it comes to property division, Illinois divorce law abides by the equitable distribution method. Unlike community property states, assets and debts are not divided equally. They are divided fairly. Your business is a marital asset if you started or purchased it during your marriage. However, if you had the business before your marriage, it may be a separate asset, not susceptible to division. There are exceptions, but to know for sure, you need an attorney to assess your unique circumstances. For example, if you have a valid prenuptial agreement, you may have protections in place for your business.

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 Posted on March 19, 2025 in Child Custody / Parental Responsibilities

When parents separate or divorce, they create a parenting plan based on the circumstances at the time. However, as with anything else in life, those circumstances can change, and if they do, the parenting plan might no longer be feasible. Whether a parent remarries, undergoes a significant employment change, suffers from illness or addiction, or the child’s needs change, it can be reasonable to request a modification. To learn more about your options for modifying your parenting plan, speak with a qualified Illinois family law attorney who has helped many clients face similar challenges.

What Do Illinois Parenting Plans Include?

A parenting plan, also known as a parenting agreement, outlines how parents will divide parental responsibilities, parenting time, and decision-making authority. Illinois courts prefer allowing both parents to be involved in a child’s life but always prioritize the best interests of the child when determining or modifying these arrangements.

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 Posted on March 05, 2025 in Divorce

Divorcing a spouse with dementia presents unique challenges. While Illinois law allows for divorce in such cases, courts are focused on ensuring that everyone’s rights, including those of the incapacitated spouse, are protected. Understanding the legal process and concerns in such cases is crucial for anyone who wants to end their marriage under these circumstances. To learn more, speak with an experienced and knowledgeable Illinois family law attorney.

What Does the Law Say about Divorcing Someone Who Is Mentally Incapacitated?

Illinois follows a no-fault divorce model, meaning that a spouse does not need to prove wrongdoing to obtain a divorce. The only ground recognized is "irreconcilable differences." However, if a spouse has dementia or is otherwise mentally incapacitated, additional legal steps may be necessary.

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