Posted on September 11, 2025 in Divorce

Divorce is rarely simple, and the process can become more stressful if one spouse refuses to cooperate. In Illinois, you do not need your spouse’s signature to complete a divorce, but delays can occur if they try to avoid the process. If you find yourself in this situation, you should understand how Illinois law works and what options are available to you. Our experienced DuPage County, IL divorce lawyers can guide you through each step and protect your rights while the case moves forward.

How Long Does My Spouse Have To Respond After Being Served Divorce Papers?

When you file for divorce, your spouse must be formally served with a copy of the petition. According to the Illinois Marriage and Dissolution of Marriage Act, once served, they generally have 30 days to file a response. This time frame ensures that you both have a fair opportunity to participate in the divorce process.

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 Posted on August 30, 2025 in Estate Planning

Losing a loved one is never easy, and the legal process that follows can add stress and confusion. If you believe a will does not reflect your loved one’s true intentions, you may have the right to contest it. Illinois law allows certain people to challenge a will, but the process can be complex. A Lombard, IL estate planning attorney can explain your rights and guide you through the steps.

Who Can Contest a Will in Illinois?

Not everyone has the right to challenge a will. Under Illinois probate law, only individuals with a direct financial interest in the estate have "standing" to contest. This usually includes beneficiaries named in the current will, beneficiaries or heirs named in a prior will, and heirs at law who would inherit if no valid will exists. If you are not financially impacted by the will’s outcome, the court will likely dismiss your case. Illinois statutes make it clear that only those with a personal stake in the estate can move forward with a challenge.

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 Posted on August 28, 2025 in Family Law

Many fathers establish legal parentage without a lab test. If both parents agree, you can use simple paperwork or rely on rules tied to marriage. However, when there is a disagreement or confusion about who a child’s biological parents are, the court can step in to help work it out in the best interests of the child.

The right path depends on your relationship with the child’s mother, what the birth record shows, and whether anyone is challenging your paternity. A short meeting with an experienced Arlington Heights, IL paternity attorney can help you choose the option that protects your rights and keeps the process moving.

How Do You Establish Paternity in Illinois?

Illinois gives families a few clear routes to establish paternity. The quickest is a Voluntary Acknowledgment of Paternity (VAP), a form both parents sign and file with the state. Under 750 ILCS 46/305, the law treats that acknowledgment like a court judgment, giving the father legal rights and duties from day one.

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 Posted on August 23, 2025 in Child Support

Illinois family courts recognize that jobs change, health needs grow, and parenting time can shift. For this reason, the law allows you to ask the court to make changes to your child support arrangement when the current order no longer fits real life. The goal is to keep support fair and tied to your child’s best interests as circumstances evolve for both parents. If you need to modify your child support order, an experienced Wheaton, IL child support attorney can help.

When Can a Child Support Order Be Modified in Illinois?

According to 750 ILCS 5/510, a judge may change a child support order when there is a substantial change in circumstances. This means a real shift in income, parenting time, or the child’s needs, not a short-term fluctuation. The new amount usually applies only to payments that come due after your modification request is approved, so filing promptly matters.

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 Posted on August 18, 2025 in Prenuptial & Postnuptial Agreements

When preparing for marriage, many couples in Illinois choose to sign a prenuptial agreement to outline how financial matters will be handled if the marriage ends. In recent years, some couples have started including lifestyle clauses in their agreements. Before adding these provisions, you should understand how Illinois law treats them. A Schaumburg, IL prenuptial agreement attorney can help you determine whether a lifestyle clause is appropriate for your situation.

What Is a Lifestyle Clause in an Illinois Prenuptial Agreement?

A lifestyle clause is a section within a prenuptial agreement that sets rules or expectations for conduct during the marriage. Unlike provisions that govern property division or spousal maintenance, these clauses focus on day-to-day living or personal choices. For example, some couples include agreements about spending limits, child-rearing approaches, or restrictions on public sharing of personal details through social media.

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 Posted on August 17, 2025 in Powers of Attorney

A power of attorney is a legal document that everyone should include in their estate plan. It lets you choose a person you trust to make important financial, health, or property decisions on your behalf if you cannot. Because of the authority these documents provide, even small errors can create significant legal or personal problems. Working with an experienced DuPage County, IL estate planning attorney helps ensure your documents are valid and reflect your intentions.

Choosing the Wrong Agent for a Power of Attorney in Illinois

One of the most serious mistakes you can make when drafting a power of attorney document is naming the wrong person as your agent. Section 2-4 of the Illinois Power of Attorney Act clarifies that an agent must act in good faith, use due care, and follow your instructions. However, if you appoint someone careless or financially irresponsible, the law alone may not protect you from their poor decisions. For example, if an agent ignores your wishes about medical treatment or mishandles money, the consequences can be difficult to undo. Selecting a responsible and trustworthy person is the most important step you can take.

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 Posted on August 17, 2025 in Child Custody

When parents face disagreements about child custody, known in Illinois as parental responsibilities,  the court may require them to participate in mediation before moving forward with a trial. Mediation provides a less stressful way to address conflicts, focusing on solutions that support the child’s best interests.

With preparation, mediation can help avoid costly litigation and encourage cooperation between parents. Working with an experienced Arlington Heights, IL child custody attorney ensures that you enter mediation with the right strategy, documents, and goals.

Documents You Need for Child Custody Mediation in Illinois

Before attending mediation, you should gather documents that demonstrate your ability to meet your child’s needs. Some of the most important records include:

• Financial records: Documents, such as pay stubs, tax returns, and proof of monthly expenses, are critical since Illinois child support is calculated using the Income Shares Model under 750 ILCS 5/505.

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 Posted on August 11, 2025 in Child Custody

In Illinois, when parents are unable to agree on decisions regarding their children, the court may appoint a parenting coordinator to help resolve conflicts. A parenting coordinator is a neutral professional who helps parents navigate difficult issues related to parental responsibilities, also known as custody and visitation, and other parenting decisions. The main goal of a parenting coordinator is to reduce the negative effects of high-conflict situations and prioritize the well-being of the child.

Parenting coordinators can be lawyers, therapists, or other experts in family law who work with families in conflict. They can often stop problems from getting worse and help parents work together better. If you need assistance to work through co-parenting issues, a Lombard, IL parenting coordinator attorney can help.

The Role of a Parenting Coordinator in Illinois Family Court

In family court, parenting coordinators have a range of responsibilities, including:

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 Posted on August 06, 2025 in Divorce

Dividing property is arguably the most contentious step in a divorce. Each state has laws governing property division, and inheritance is a significant consideration for many couples. If and how it is divided depends on your circumstances. For help with your specific case, speak with an experienced Arlington Heights, IL property division attorney.

How Is Property Divided in an Illinois Divorce?

Illinois follows the rule of equitable distribution. This means that shared property is divided based on what is fair rather than an equal split. The court looks at several factors when dividing assets, such as what you each make in income and what your individual needs are.

Under 750 ILCS 5/503, marital property includes most things either spouse acquires during the marriage. This includes income, homes, vehicles, retirement accounts, and even debts. However, some types of property, such as inheritance or gifts received by one spouse, may be excluded from the marital estate if certain conditions are met.

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 Posted on July 31, 2025 in Wills and Trusts

When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.

How Is a Living Will Different From a Last Will and Testament?

A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.

A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.

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