Posted on July 10, 2025 in Asset Division

Illinois is an equitable distribution state. Unlike a community property state, your assets are divided fairly rather than strictly equally. The first step in dividing property during Illinois divorce proceedings is to categorize your assets and debts as marital or non-marital. Working with an experienced DuPage County, IL divorce attorney ensures you understand your rights and what you can do to protect your assets, even in an uncontested divorce.

What Counts as Marital Property in Illinois?

According to Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property refers to assets and debts acquired by either spouse during the marriage. This means that funds, retirement benefits earned during the marriage, real estate purchased while married, and even certain business interests can fall under marital property.

It is important to note that the law presumes that any property acquired during the marriage is marital unless proven otherwise. Even when an asset is officially in one spouse’s name, it can still be subject to equitable division. Courts consider several factors when dividing marital assets fairly. The length of your marriage and each spouse’s contribution to the marital estate will play a role in the court’s final decision. The court will also consider your economic circumstances.

Continue Reading ››

 Posted on July 04, 2025 in Divorce

Mental illness can impact several components of divorce proceedings in Illinois. It may affect custody, spousal support, and even property division. If you have questions about how mental health might affect your divorce process, an experienced Illinois divorce lawyer can help. Mental illness can complicate divorce. For that reason, having someone to guide you and protect your rights is invaluable.

Can Mental Illness Impact the Allocation of Parental Responsibilities in Illinois?

Mental illness can directly influence how the court divides parental responsibilities. It depends on whether it affects the parent's ability to care for the child safely. Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act says that courts must make these decisions based on what is best for the child. In doing so, they consider several factors, including the mental and physical health of all parties involved. Judges even order psychological evaluations to assess a parent’s fitness when mental health concerns arise.

Continue Reading ››

 Posted on June 30, 2025 in Estate Planning

Wills and trusts are two common tools used in estate planning, but they serve different purposes and function in different ways under Illinois law. Whether you are planning for the future of your children or trying to avoid probate, understanding the distinction between these documents is essential, and an experienced Wheaton, IL estate planning attorney can help guide you as you create a comprehensive estate plan.

What Is a Will?

A will, also known as a "last will and testament," is a legal document that outlines your wishes for the distribution of your property after death. In Illinois, wills are governed by the Illinois Probate Act of 1975, 755 ILCS 5/1-1. This law explains the requirements for executing a valid will, including the need for the document to be signed by the testator and witnessed by two competent individuals.

In a will, you can name an executor to manage your estate, designate guardians for minor children, and specify who should receive particular assets. However, all wills in Illinois must go through probate, unless the estate qualifies for a simplified process under 755 ILCS 5/25-1.

Continue Reading ››

 Posted on June 28, 2025 in Divorce

When adultery happens in a marriage, it often leads to deep emotional pain, making divorce even more contentious. However, when it comes to Illinois divorce law, many people are surprised to learn that cheating does not always have a major legal impact. If you are concerned about how an affair may affect your rights during the divorce process, an experienced Illinois divorce attorney can help you protect your interests in every area, from spousal support to child custody, now called "parental responsibilities" in Illinois.

Do You Have To Prove Fault To Get a Divorce in Illinois?

Illinois is a no-fault divorce state. That means spouses no longer need to prove infidelity, cruelty, abandonment, or any other form of wrongdoing to get a divorce. Under the law regarding the dissolution of marriage, 750 ILCS 5/401(a), the only recognized reason for divorce is "irreconcilable differences." Once both spouses live separately for at least six months, the court assumes irreconcilable differences exist, and no other proof is needed.

Continue Reading ››

 Posted on June 22, 2025 in Prenuptial & Postnuptial Agreements

As you prepare for marriage, you should be thinking about your financial future as well. Many couples in Illinois consider prenuptial agreements a responsible way to set expectations and avoid potential conflicts in the future. A well-written prenup will reduce uncertainty before entering into marriage, and speaking with an experienced Schaumburg, IL prenuptial agreement lawyer is the first step in drafting your contract and understanding how Illinois law applies to your case.

What Does Illinois Law Say About Prenuptial Agreements?

The Illinois Uniform Premarital Agreement Act, known as statute 750 ILCS 10/1, governs prenups and outlines what can and cannot be included, setting the rules for enforcement. For example, a prenup must be in writing, voluntarily signed by both parties, and made with full disclosure of each party’s assets and debts. The contract becomes effective upon marriage and can only be revoked or amended by both parties in writing.

Continue Reading ››

 Posted on June 20, 2025 in Family Law

Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.

Requirements for a Surrogacy Agreement in Illinois

In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two competent adults as witnesses, and it has to be signed before any medical procedures begin, excluding initial screenings. All parties involved must have legal counsel. Any compensation must be handled through an independent escrow account, and the surrogate has to agree to the following:

Continue Reading ››

 Posted on June 20, 2025 in Family Law

Getting through a divorce in Illinois can be complicated and overwhelming. If you are initiating divorce or considering the modification of post-decree matters, understanding the most recent changes to the Illinois Marriage and Dissolution of Marriage Act is important. The laws that govern spousal maintenance, child support, parental responsibilities, and relocation were updated in 2025 and could directly impact your case. An experienced Illinois divorce attorney can help you make sense of these rules, protecting your rights through every step of the legal process.

Changes to Spousal Maintenance in Illinois

As of January 2025, Illinois no longer allows spousal maintenance, commonly known as alimony, to be paused because the paying spouse is incarcerated. Changes to statute 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act removed language stating that no support would accrue while a party is imprisoned. This change closes a legal loophole that previously allowed some payors to avoid building up back payments when serving time. However, in some cases, the court may find a compelling reason to suspend or modify payments.

Continue Reading ››

 Posted on June 14, 2025 in Estate Planning

The executor of your estate is the figure responsible for ensuring that your estate plan comes to fruition after you are gone. You have to be able to rely on them to protect and manage everything from asset distribution to tax payments. Choose someone you can trust – someone who exhibits certain personal qualities that fit the role and responsibilities. Consider what to look for in an executor, and talk to an experienced Wheaton, IL estate planning attorney about what it takes to create a robust strategy for your estate.

What Are the Responsibilities of an Executor in Illinois?

Illinois law requires the executor to manage the probate process, which ensures that your assets are properly administered and distributed per your will. It involves validating your will, paying off your liabilities like debt and taxes, and distributing what remains to your heirs or beneficiaries.

Continue Reading ››

 Posted on June 10, 2025 in Divorce

Many of the decisions you need to make in family law and divorce involve your finances. The complex emotions that are usually present in these situations are not hard enough to deal with, and some common complications can make these matters even more challenging. Fortunately, our experienced Arlington Heights, IL family law attorneys know how to overcome these challenges and can help you navigate your issues.

Which Divorce and Family Law Decisions Involve Finances?

Finances are heavily involved in asset division, debt allocation, child support, and spousal maintenance matters. Modifications and enforcement can also be based on financial concerns. When complications affect the way you resolve these issues, you need the assistance of a competent lawyer to protect your interests during the process.

Wasting or Hiding Assets

Often, divorce brings out underhanded behaviors. Asset division can be highly contested. To prevent you from getting your fair share, your spouse may attempt to hide some of your assets. Extravagant spending, whether running up credit card debt or using cash, is another way some spouses try to manipulate the situation.

Continue Reading ››

 Posted on June 05, 2025 in Child Custody

Family law matters that involve children, such as allocating parental responsibilities, can be complex and contentious. Sometimes, these cases require a guardian ad litem (GAL) or a child representative to act as an objective voice for the children, ensuring that their best interests are prioritized.

Both play essential roles in the court and offer a way to resolve disputes through an objective lens. The experienced Wheaton, IL guardian ad litem attorneys at A. Traub & Associates can help you understand how a GAL or child representative can impact your case.

What Are the Roles of GALs and Child Reps in Illinois Family Court?

A guardian ad litem is an attorney appointed by the court to investigate and make recommendations regarding what is best for a child in cases involving children. According to Illinois law, they can be called as witnesses to testify about the information contained in their report, and while they are tasked with representing the child’s best interests, that does not mean that they will adhere to a child’s wishes.

Continue Reading ››