Posted on April 29, 2025 in Divorce

Divorce is rarely simple, but what happens when your spouse vanishes—no texts, no forwarding address, not even a social media post to track him or her down? For some, the end of a marriage does not come with closure, but instead with unanswered questions and a missing partner. Whether your spouse intentionally disappeared or simply drifted out of contact, you might feel trapped in a legal limbo.

The good news is that Illinois law does not require you to remain married just because your spouse cannot be found. If you are ready to move forward but do not know where your spouse is, a skilled Illinois family law attorney can help you explore legal alternatives and guide you through the process.

What Happens If My Spouse Cannot Be Located?

In Illinois, a person can still file for divorce even if his or her spouse is missing. Normally, both spouses must be notified of the divorce proceedings through a legal procedure called "service of process". However, when a spouse cannot be found after a diligent search, the court may allow a different method known as "service by publication".

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 Posted on April 22, 2025 in Divorce

When going through a divorce, conversations with your attorney can feel like the only safe space to vent, strategize, and seek guidance. However, it is natural to wonder—is anything I say to my lawyer truly private? With emotions running high and relationships strained, protecting your legal conversations becomes just as important as protecting your assets or parental rights.

Fortunately, Illinois law offers clear protections to ensure confidential discussions with your lawyer stay confidential. An Illinois family law attorney can help you understand these protections and what actions might put your privacy at risk.

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney from being shared without the client’s consent. This was created to allow clients to speak openly and honestly with their lawyers, which is vital in building a strong legal case. Therefore, if you tell your lawyer something about your marriage, finances, or personal concerns during a divorce case, that information is generally protected.

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 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:

• Fixed-Term (or Rehabilitative) Maintenance: This type is most common. It is designed to support the receiving spouse while they become financially independent. The court will set the duration based on the specific details of the divorce.

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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 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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