Posts Categorized: Family Law

2019 Changes to Illinois Family Law

As a divorce lawyer for the past three decades, I have seen a lot of ways in which divorce affects a family. There are obviously the emotional ways, the financial ways, and finally the way the law plays into these dynamics.   It is my job to stay on top of the law so that I can help my clients navigate their ways through these changes.   The past two years have brought major modifications to Illinois family law. You can read here and here some ways these changes have affected families ...   Read more ...  

Do Both Parties Have to Agree to Divorce in Illinois?

If you are planning to file for divorce in Illinois, but you know your spouse does not want to move forward with the divorce, you may be wondering how Illinois divorce law handles such cases. In other words, you might want to know: Do both parties have to agree to divorce in Illinois?   While a divorce case may be able to move more quickly and smoothly when both parties agree to the divorce and all terms of the dissolution of marriage, you should know both spouses do not have to agree to di...   Read more ...  

I Want a Divorce but My Spouse is Hiding Assets

At the outset, you should keep one key point in mind about divorce in Illinois. The Illinois statute on the dissolution of marriage is no-fault, which means nothing can stop you if you want a divorce. There are some basic procedural requirements, however. When filing the petition for divorce, at least one of the spouses must be a resident of Illinois or be stationed in the state for at least 90 days via military service. The petition must also state that irreconcilable differences have caused th...   Read more ...  

How Do You Prove Someone is an Unfit Parent in Illinois?

In Illinois, the concept of ‘child custody’ is now referred to as the ‘allocation of parental responsibilities.’ Under Illinois law (750 ILCS 5/602.5), state courts are required to “allocate decision-making responsibilities according to the child’s best interests.” As a general rule, Illinois courts presume that it is best for a child to have an active, ongoing relationship with both parents. However, there are exceptions. Unfortunately, some parents are simply not fit to provi...   Read more ...  

Senate Bill 57: Changes to Illinois Family Law

  On July 21, 2015, Illinois Governor Bruce Rauner signed Senate Bill 57 into law. The new legislation, which goes into effect on January 1, 2016, amends a great deal of the Illinois Marriage and Dissolution of Marriage Act, which governs family law issues including marriage, separation, divorce, and custody. The Illinois Bar Journal highlighted the significance of changes to the grounds for divorce, property division, child custody and parental relocation.   Grounds for Divorce Senate...   Read more ...  

Can I Be Granted Visitation with My Siblings?

Parental visitation is often discussed at length. But one topic that can be overlooked is sibling visitation.   There are many situations in which siblings can be separated from each other. Some examples include:   Siblings over the age of 18 wanting to visit a younger sibling Siblings separated because of a fall out between parents Siblings who are adopted by a different family/or in foster care Siblings with different parents (ex: those who have the same mother but different father)...   Read more ...