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 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.

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 Posted on March 14, 2025 in Child Custody

After a divorce, you may want to relocate for a new job, to be closer to family, or simply for a fresh start. However, if you have children, moving out of state is not a decision you can make on your own. Illinois law has strict rules about parental relocation, and not following the legal process can have serious consequences. If you are considering an out-of-state move with your children, consulting with a knowledgeable Illinois family law attorney can help you understand your rights and options while ensuring compliance with the law. 

What Does Illinois Law Say About Parental Relocation?

Parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act. This law states that a parent with primary custody has to obtain court approval before moving with a child beyond a certain distance. A move is considered a relocation if it exceeds 25 miles from the child’s current home in Cook, DuPage, Kane, Lake, McHenry, or Will County, 50 miles from the child’s home in any other Illinois county, or out of state if the new home is more than 25 miles away.

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 Posted on March 06, 2025 in Divorce

Divorce is never easy, but the idea of proving that your spouse caused the marriage to fail can make the process seem even more daunting. You might be wondering if you need to gather evidence of infidelity, financial misconduct, or abuse just to end your marriage. The good news is that Illinois law no longer requires you to assign blame. If you are thinking of filing, an Illinois family law attorney can help you understand how fault factors into a divorce and guide you through the necessary legal steps.

Is Illinois a No-Fault Divorce State?

Illinois follows a no-fault divorce system, meaning neither spouse is required to prove that the other did something wrong to cause the marriage to fail. Instead, state law requires that the couple has "irreconcilable differences" that have led to the breakdown of the marriage.

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 Posted on February 28, 2025 in Child Custody

A parenting time schedule should serve the best interests of the child, but sometimes, life changes may make an adjustment necessary. Whether you are dealing with a new work schedule, a relocation, or concerns about your child’s well-being, modifying parenting time requires legal action. In Illinois, courts will only grant modifications if certain conditions are met. If you need guidance with altering parenting time, an Illinois family law attorney can help you understand the process.

When Can Parenting Time Be Modified in Illinois?

Under state law, a court will only modify parenting time under specific circumstances. If both parents agree to the change, they can submit a request for court approval. However, if the other parent does not agree, you must prove that a modification is necessary.

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 Posted on February 20, 2025 in Child Custody

Relocation can complicate custody arrangements, especially when one parent moves far away. Whether it is across the state or the country, relocation can create emotional and logistical challenges for both parents and children. A new job, family commitments, or a fresh start may make the move necessary, but how will it affect parenting time? An Illinois family law attorney can help parents navigate the legal relocation process and create a plan that allows for meaningful parent-child relationships despite distance.

What Does Illinois Law Say About Parental Relocation?

Illinois law requires the parent with primary custody to seek court approval before moving a significant distance with their child. The law defines relocation as a move:

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 Posted on February 14, 2025 in Asset Division

Divorcing with significant wealth at stake is rarely a simple process. High-net-worth divorces involve intricate financial matters, from dividing luxury real estate and investment portfolios to determining business ownership rights. Every asset must be carefully reviewed to ensure a fair distribution while safeguarding your long-term financial interests. Courts will weigh multiple factors when determining who gets what, so it is important to seek the guidance of a strategic Illinois divorce lawyer to protect your wealth during the process.

How Do Illinois Courts Divide Assets in a High Net Worth Divorce?

Illinois follows equitable distribution laws, meaning courts divide marital property fairly rather than enforcing an automatic 50/50 split. To make this decision, judges will consider factors such as:

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 Posted on February 06, 2025 in Asset Division

Divorce can feel like untangling a knot of shared responsibilities, emotions, and financial obligations. While dividing property often takes the primary focus, deciding who will take on marital debts can be just as important, and just as stressful. Credit cards, car loans, and even student loans all need to be addressed. If you are facing divorce, understanding how Illinois handles debt division can give you clarity and help you plan for the future. Partnering with an Illinois divorce lawyer can protect your financial interests during every step of the process.

What Is Considered Marital Debt?

In Illinois, marital debt includes any debt incurred by either spouse during the marriage. This can include, but is not limited to, credit card balances, mortgages, car loans, student loans, and medical bills.

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 Posted on January 30, 2025 in Spousal Maintenance

Divorce can bring many financial hurdles, especially if you are a stay-at-home parent who relies on your spouse's income. Spousal maintenance, or alimony, may help ease the transition by providing financial assistance. But how do courts determine eligibility, and what steps can you take to secure spousal maintenance? If you are a stay-at-home parent dealing with a divorce, a knowledgeable Illinois family law attorney can guide you through the process and advocate for your rights.

What Is Spousal Maintenance and Why Is It Important for Stay-at-Home Parents?

Commonly referred to as alimony, spousal maintenance is a court-ordered payment that one spouse provides to the other during or after a divorce to help balance financial differences. It allows the lower-earning spouse to maintain financial stability, particularly if they sacrificed career opportunities to raise children or manage the household. Stay-at-home parents may need to rely on spousal maintenance as they work toward becoming self-sufficient.

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 Posted on January 23, 2025 in Child Custody

In family law cases that involve children, a Guardian ad Litem (GAL) can play a critical role in protecting a child’s best interests. But when might the court appoint one, and how do you know if your case needs a GAL? Whether you are in a high-conflict custody battle or dealing with allegations of abuse, understanding the purpose of a GAL can help you navigate the family court process. An Illinois family law attorney can advise you about whether a GAL could be beneficial for your case.

What Is a Guardian ad Litem?

A Guardian ad Litem is a neutral party, often an attorney, who is appointed by the court to represent a child’s best interests during legal proceedings. Unlike a legal guardian, a GAL does not take custody of the child, but rather examines the situation to determine what arrangements will serve the child’s well-being and reports his or her findings to the court.

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