Posted on April 18, 2025 in Family Law

When a couple separates or divorces, they often work hard to maintain emotional, logistical, and financial stability for their children. Sometimes, parents may agree that formal child support is unnecessary, especially if they earn similar incomes or equally share parenting time. Even when both parents are on the same page, waiving child support is not as simple as signing an agreement. It is important to understand what the law allows, and an Illinois family law attorney can help you navigate your legal responsibilities and make informed decisions.

Can Parents Make a Private Agreement to Waive Child Support?

In Illinois, parents cannot waive child support simply because they agree to do so. Child support is considered the right of the child, not the parents. Under state law, the court is required to ensure that a child’s financial needs are met, regardless of whether the parents agree to waive support.

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 Posted on April 15, 2025 in Divorce

 Posted on April 15, 2025 in Divorce

Spousal maintenance can have a major impact on your financial future after divorce. One of the most pressing questions for those ordered to pay is: How long will these payments last? In Illinois, the answer is not always straightforward. The duration of maintenance depends on several factors, including how long you were married, the type of support awarded, and whether circumstances change over time. Navigating these rules can be overwhelming, but an Illinois divorce lawyer can help you understand your obligations and work toward a fair outcome under state law.

What Types of Spousal Maintenance Are There?

Illinois courts can order different types of spousal maintenance, each with its own purpose, duration, and rules for modification. These include:

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 Posted on April 14, 2025 in Divorce

While divorce marks the end of a chapter, the decisions you make during the process can impact your future for years to come. Whether you and your spouse are parting on good terms or navigating a more contentious split, divorce is rarely simple. Mistakes made during this time can lead to unnecessary stress, financial setbacks, or unfavorable custody arrangements. By working with an Illinois family law attorney who can help you understand what to avoid, you can protect your rights and make smart choices.

Hiding Assets or Income

Some people may attempt to protect their finances by hiding assets or not reporting income during a divorce. However, both spouses are legally required to fully disclose their assets, debts, and income. Attempting to conceal information can result in court sanctions, loss of credibility, and an unfavorable financial settlement. Therefore, it is important to be honest and transparent in all financial disclosures.

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 Posted on April 08, 2025 in Divorce

Divorce is never easy, but understanding your legal options can help you take back control during this emotionally difficult time. One of the first and most important choices you will face is whether your divorce will be uncontested or contested. These two paths can look very different when it comes to time, cost, and emotional stress. Knowing the difference and which path fits your situation can help you make informed decisions. An Illinois family law attorney can guide you through the process and work toward the best possible outcome for your future.

What Is an Uncontested Divorce?

In Illinois, you can file for a no-fault divorce based on irreconcilable differences. This allows couples to divorce without having to prove any wrongdoings or disagreements.

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 Posted on April 07, 2025 in Asset Division

Divorce is not just about dividing homes, bank accounts, and retirement funds. It can also involve less obvious assets like intellectual property. If you or your spouse created something during the marriage, whether it was a bestselling novel, a software app, or a patented invention, those rights may be up for division. Many people are surprised to learn that intellectual property (IP) can be considered marital property under state law, especially if it produces income or has significant future value. An Illinois divorce lawyer can help you protect your creative work and ensure that these complex assets are handled fairly during the division process.

What Counts as Intellectual Property?

Intellectual property refers to creations of the mind that are legally protected. Common types include:

• Copyrights, which protect original works of authorship like books, music, or software

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 Posted on April 03, 2025 in Divorce

When a marriage ends, dividing up the life you built together is never easy, especially when it comes to your financial future. Often built over decades of hard work, retirement accounts can be one of the most valuable assets in a divorce. In Illinois, these accounts are divided by specific state laws that can be tricky to navigate on your own. Understanding how the process works is key to making informed decisions and protecting what you have earned. An Illinois divorce lawyer can help you make sense of the rules and ensure your retirement savings are handled fairly under state law.

What Types of Retirement Accounts Can Be Divided?

Retirement savings can come in several forms, all of which may be considered marital property if acquired during the marriage. These include:

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 Posted on March 31, 2025 in Child Custody

When a parent considers divorce or separation, one of the most emotionally charged questions is often, "Will I lose time with my children?" For many parents, the idea of "full custody" feels like the only way to protect their bond and ensure their child’s safety.

In Illinois, the path to full custody is not always straightforward. The laws have shifted in recent years, focusing more on cooperation and the child’s best interests. However, in situations involving conflict or neglect, one parent may want to secure greater authority and time with the child. An Illinois family law attorney can help you understand your rights and fight for a parenting arrangement that prioritizes your child’s well-being.

What Does "Full Custody" Mean in Illinois?

Illinois no longer uses the term "custody" in the legal sense. Instead, the law refers to "parental responsibilities" and "parenting time." Under the Illinois Marriage and Dissolution of Marriage Act, parental responsibilities include decision-making for the child’s education, healthcare, religion, and extracurricular activities.

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 Posted on March 30, 2025 in Divorce

When you receive an inheritance, you likely want it to stay within your family, and not become a point of contention in a divorce. While Illinois law generally considers inheritances to be separate property, the reality is more complicated, especially if those assets become intertwined with marital finances. A prenuptial agreement can help ensure that your inheritance remains protected, but how enforceable is it? 

The answer depends on various factors like state laws and how the agreement is structured. With careful planning and guidance from an Illinois family law attorney, a prenup can provide peace of mind during marriage, clarity in divorce settlements, and protection of your financial future.

How Does a Prenuptial Agreement Protect an Inheritance?

Under Illinois law, inheritance is normally categorized as separate property, meaning it cannot be divided in a divorce. However, inherited assets can become marital property if they are commingled with shared finances. For example, if inherited money is deposited into a joint bank account or used to purchase a home in both spouses’ names, it is considered shared property.

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 Posted on March 26, 2025 in Divorce

Divorce is not just about ending a marriage– it can also be about reclaiming your independence and identity. Many people find that restoring their maiden name is a powerful way to close one chapter and get a fresh start. If you are going through a divorce in Illinois and want to change your name back, you have the legal right to do so. The process can be straightforward when handled correctly, and an experienced Illinois family law attorney can ensure your request is properly included during your divorce proceedings.

When Can I Request a Name Change in a Divorce?

State law allows a spouse to request a name change as part of the divorce process. Under 750 ILCS 5/413, a divorcing spouse may ask to restore the maiden name or a previously used name in the final divorce judgment. This means you can ask for the change before your divorce is finalized, which can make the transition easier by avoiding the need for a separate legal proceeding in the future.

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 Posted on March 25, 2025 in Divorce

Divorce can turn your world upside down, bringing significant financial and legal changes– including the potential loss of health insurance. If you relied on your spouse’s employer-sponsored plan, you may wonder how to protect your coverage and avoid unexpected medical costs. Fortunately, you have options, and understanding them now can help you make informed decisions and prevent a coverage gap. An Illinois divorce lawyer can offer guidance about how to secure the coverage you need and move forward with confidence.

Can I Stay on My Ex-Spouse’s Health Insurance After Divorce?

In most cases, you cannot remain on your ex-spouse’s employer-sponsored health insurance plan after divorce. Under federal law, employer-sponsored plans that provide coverage to an employee’s spouse are legally required to end that coverage upon divorce.

However, children covered under a parent’s health insurance plan can usually remain covered, regardless of the parents’ marital status. In Illinois, courts often order one or both parents to maintain health insurance for their children as part of child support agreements.

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