NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.

As of January 1, 2016, Illinois made many major changes to its family law code. One of these changes was to move away from the concepts of custody and visitation and to move towards division of decision making responsibility and parenting time. While the change seems more semantic than anything else thus far, the new language does indicate changing values in family law.

Couples planning to divorce have several factors to consider. For example, couples often worry about how property will be divided during a divorce. Specifically, who will get the house? It is important to understand specific elements of Illinois divorce law that commonly arise when determining who will get the marital home if you are planning to separate from your spouse.

The default rule is that married couples filing joint returns are liable for the taxes owed. However, sometimes one spouse will erroneously file an incorrect return in which the other spouse is unaware. Erroneous returns can either not include taxable income or events, or incorrectly claim a credit or deduction to which that the taxpayer is not entitled. If your spouse engaged in some of these activities without your knowledge, whether you were together or separated, you may be able to apply for “Innocent Spouse Tax Relief” and your liability will be forgiven and your ex-spouse will …

On March 7, 2016, the United States Supreme Court further solidified the rights of adoptive parents by upholding the rights of an adoptive parent.

When you are considering a divorce there are a lot of variables that you may need to take into consideration. Illinois divorce law uses a lot of legal terms that not everyone may be familiar with, or be familiar with in a legal context. One part of divorce that is important to understand is whether the divorce will be contested or uncontested.

A prenuptial agreement, known colloquially as a “prenup”, is a legal contract between a couple before they marry. In Illinois, prenuptial agreements are governed by The Illinois Uniform Premarital Agreement Act.

Making the choice to get divorced is one of the hardest decisions you may ever have to make. Divorces can be as unique as the couples in them; what makes sense for you may not be the right choice for others. Yet once you and your spouse have made the decision to divorce, what comes next? The following suggestions may prove beneficial if you feel your marriage is irreparable. 

Legal separation is a process that few people pursue, but it can be important for couples considering divorce to understand. Legal separation is not the same thing as just living apart. Most couples divorcing in Illinois will not be legally separated at any time, but there are some circumstances where legal separation is the best option. Below are some of the basics of legal separation; however, you will want to speak with an attorney to find out whether legal separation is right for you.

There is a common myth in our culture that half of all marriages end in divorce. However, as recent graphics and articles make clear, that is not true and the figure is closer to one-third, though the rates vary among different groups. 

Illinois law now requires divorcing couples with children to submit a “parenting plan” to the court in order to be granted a divorce. This is part of the changes made by the new Illinois family laws that went into effect January 1, 2016. There are several important rules and considerations surrounding parenting plans and it is advisable to work with a skilled family law attorney to make sure that the plan that gets approved will be one that is best for you and your children.

Have you ever wondered how family court judges make decisions on behalf of children? Illinois, and most other states, uses a standard of the “best interest of a child.” Though the specifics differ between states, the best interest of the child, or BIOC for short, is usually a statutory list that is part of the state’s code that governs family law. Judges must refer to this list as guidance when considering the factors of the situation to decide the BIOC.