Posted on August 20, 2025 in Finances and Divorce

Property division during divorce does more than split assets. It can also assign debts that are in both spouses’ names to just one spouse. Failure to comply with this part of a divorce decree can negatively impact you. A Wheaton, IL divorce attorney can help you understand what lenders may do, what your decree actually protects, and how to enforce the order so your credit and peace of mind are protected.

Can Creditors Come After Me for Debt That My Ex Is Supposed To Pay After Divorce?

Creditors can sometimes come after you for debt assigned to your ex during the divorce. The court divides property and liabilities under 750 ILCS 5/503, but lenders are not parties to your case. If your name stays on a joint credit card, car loan, medical balance, or lease, the creditor can still pursue either signer. Essentially, settlement terms do not rewrite the bank’s contract. Your spouse’s missed payments can lower your credit score and add fees until the account is paid, refinanced, or closed. As frustrating as that may be, there are legal solutions.

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 Posted on August 18, 2025 in Child Custody

When parents separate or divorce, one of the most important issues to resolve involves how responsibilities for raising children are divided. In Illinois, the term custody is no longer used. Instead, Illinois law refers to these matters as parental responsibilities. A DuPage County, IL parental responsibilities attorney can guide you through the legal process, including helping you understand how the court allocates parenting obligations.

What Does Parental Responsibilities Mean Under Illinois Law?

The Illinois Marriage and Dissolution of Marriage Act, under 750 ILCS 5/600, divides parental responsibilities into two main categories: significant decision-making authority and parenting time. The change in terminology from "custody" to "parental responsibilities" was designed to move away from a winner-versus-loser mindset and instead emphasize cooperation and the child’s best interests. Parental responsibilities ensure that both parents remain actively involved in the child’s upbringing whenever it is safe and practical.

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 Posted on August 14, 2025 in Cohabitation

A cohabitation agreement is a legal document signed by two people who live together but are not married. This agreement helps set clear expectations about each person’s responsibilities during the relationship. It also addresses what will happen if the relationship ends or if one partner passes away. It can cover things like property division, financial support, and other personal matters. If you are planning to live together in Illinois, talking to a DuPage County, IL family law attorney can help make sure your agreement is legally correct.

Is a Cohabitation Agreement Enforceable Under Illinois Law?

Cohabitation agreements in Illinois are treated as contracts, but their enforceability is limited. The agreement may be upheld for things like property division or asset agreements, but Illinois does not enforce financial support or palimony after a breakup. This is because Illinois law does not treat financial obligations between unmarried individuals the same way it does when a marriage ends.

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 Posted on August 10, 2025 in Alimony/Spousal Support

Illinois law allows spouses to create a postnuptial agreement at nearly any point during the marriage. A postnup is a written contract that outlines how finances, debts, and property will be handled in the event of divorce or death, and there is no set deadline for creating one. You can make one shortly after your wedding or even after many years of marriage. The important thing is that both spouses agree to the terms freely and without pressure.

Postnups must also be fair and reasonable. A judge can throw out an agreement if it heavily favors one spouse or if one side hid important financial information. If a divorce is already in progress, it may be too late to sign a postnup. To ensure you have the protection you need, you should speak with a DuPage County, IL postnuptial agreement attorney.

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 Posted on August 04, 2025 in Mediation

Divorce can be difficult under the best of circumstances. However, when spouses have a highly-conflicted dynamic, the process may feel overwhelming. Mediation is often viewed as a cooperative method for resolving disputes, but it can still be effective even when the couple appears unable to agree.

In Illinois, many high-conflict couples use mediation to avoid lengthy court battles. The goal is to reach more peaceful resolutions with professional support. A Wheaton, IL mediation attorney can help guide you through the process and improve communication, even when tensions are running high.

How Can a Mediator Help When a Couple Fights During the Divorce Process?

A mediator acts as a neutral third party and helps both sides stay focused on problem-solving instead of arguing. In high-conflict situations, a trained mediator can assist in several key ways, including:

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 Posted on July 25, 2025 in Child Support

When a child turns 18 or graduates from high school, child support typically ends. However, what does this mean for an unpaid balance? In Illinois, you will likely have to continue paying. Back child support, also called "arrears," remains legally enforceable even after the child becomes an adult. A Wheaton, IL child support attorney can help you understand your rights and explore options for resolving these debts.

Is There a Statute of Limitations on Child Support Enforcement in Illinois?

Illinois law does not limit how long the state or a parent can collect unpaid child support. According to 750 ILCS 5/505(g-5), if child support is still unpaid when the child reaches maturity, the obligation becomes a judgment by law and continues until paid in full. This means that enforcement actions, such as wage garnishment or tax refund interception, can occur decades later. In addition, 750 ILCS 5/510(d) confirms that judgments for unpaid support do not expire and may be collected at any time. There is no automatic forgiveness just because a child becomes an adult.

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 Posted on July 21, 2025 in Finances and Divorce

In Illinois, courts can require a parent to help pay for their child’s college expenses, even after the child turns 18 and outside of child support payments. This often comes as a surprise. If your child is preparing for college, it is important for you to understand your legal responsibilities and how decisions about who pays for what are made. A Wheaton, IL parental responsibilities lawyer can help you navigate these issues and protect your financial interests.

What Expenses Can the Judge Order Parents To Pay?

Under Illinois law, specifically 750 ILCS 5/513, the court has the authority to order one or both parents to contribute to a child’s college costs. These costs are not limited to just tuition. A judge may also order payment for the following:

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 Posted on July 17, 2025 in Child Custody

Life can sometimes bring unexpected changes that leave children without their parents’ full care. In those moments, grandparents often step in to help, and guardianship could offer stability, safety, and a secure home environment. To learn more about your rights as a grandparent, talk to a Wheaton, IL grandparents’ rights lawyer. Your legal representative can help you understand your options.

What Are the Guardianship Laws in Illinois?

Illinois law allows a non-parent, such as a grandparent, to petition the court to become a child’s legal guardian when the parents are unable or unwilling to care for the child. Under 755 ILCS 5/11-5, the court will appoint a guardian if it finds it necessary for the child’s well-being. Typically, the court will look at whether the parents have voluntarily surrendered custody, known as parental responsibilities in Illinois, or whether there is evidence of neglect, abuse, or absence. Whatever the judge decides in your case will be based on what is in the best interests of your grandchildren.

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 Posted on July 11, 2025 in Asset Division

Businesses are considered property and can be subject to division in an Illinois divorce. However, that is only if the business is characterized as marital property. Illinois is an equitable distribution state. Unlike in a community property state, marital assets in Illinois are divided based on what is fair rather than equal. Several factors can influence whether or how your business is divided. A Wheaton, IL divorce lawyer can help you understand your rights and protect your business interests.

Is a Business Always Marital Property in Illinois?

A business is not automatically considered marital property in Illinois. Under Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property includes assets and debts that you obtain during the marriage. It does not matter how those assets are titled. Non-marital property can include anything acquired before the marriage. However, gifts and inheritances are commonly excluded, unless they end up commingled with marital assets. If you have a valid premarital agreement under 750 ILCS 10/, commonly called a prenup, you may have addressed how to divide property during divorce.

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 Posted on July 10, 2025 in Alimony/Spousal Support

In general, if you are planning to move a significant distance or out of state, you and your co-parent will likely take the case to court. Illinois law specifies certain distances that constitute a relocation. Consider how the statutes govern these cases, and talk to an experienced Wheaton, IL child custody attorney about your case to ensure you follow all the required procedures.

How Far Can a Parent Move With a Child Without Court Permission in Illinois?

The right of a parent to move with a child is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Whether a parent needs court approval depends on how far the proposed move would take the child from their current home. The law is designed to balance a parent’s need to relocate with the child’s best interests.

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