630-584-4800

630-584-4800

Recent Blog Posts

Professional Help in Illinois Child Custody Disputes Imperative for Success

 Posted on October 16, 2012 in Child Custody

Child custody is often the most emotional and difficult issue to deal with in a divorce action. A number of decisions have to be made and incorporated in the Illinois court’s final order, including, but not limited to, the following:
  • Conservatorship (Joint Managing Conservator or Sole Managing and Possessory Conservator)
  • Parental rights and duties concerning the children, such as who will make decisions related to education and invasive medical procedures, and if there will be a geographical restriction as to where the child/children may reside;
  •  Who will pay child support and how much; and

Continue Reading ››

Property Division in Illinois Decided on a Case-By-Case Basis

 Posted on October 14, 2012 in Divorce

Unlike some other states, Illinois is not a community property state. Money or property acquired during the course of the marriage is presumed to belong to the marriage and, as such, is subject to an equitable division upon divorce. What is "equitable" is decided on a case-by-case basis. Some examples of the property that is divided in a divorce include homes, automobiles, household furniture and furnishings, bank accounts, pensions and retirement plans, stocks and stock options, businesses and business interests, and even frequent flier miles! In dividing marital property, the Illinois Marriage and Dissolution of Marriage Act requires that the Judge consider the following factors:
  1. The contribution of each party to the acquisition, preservations, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit.

    Continue Reading ››

Basics of Spousal Maintenance

 Posted on October 07, 2012 in Alimony / Maintenance

Maintenance, formerly known as alimony, is not mandatory in Illinois like child support is. There is no guarantee when you are going through a divorce that you will either have to pay or receive maintenance. The Illinois statute that governs  that maintenance is 750 ILCS 5/504 (from Ch. 40, par. 504). The law states that maintenance may be granted "...without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors..." The court considers the following factors when deciding what, if any, maintenance will be granted according to the following:
  1. The income and property of each party.

    Continue Reading ››

Back to Top