# Chicago & Skokie Divorce & Family Law Attorneys

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## Posts

### [Why Emotional Disconnection Often Happens Gradually In A Marriage](https://familylawadvocate.com/why-emotional-disconnection-often-happens-gradually-in-a-marriage/)

**Published:** October 21, 2026
**Author:** familylawadvocate

**Content:**

Emotional disconnection in a marriage usually does not happen all at once. Instead, couples often drift apart slowly as they stop sharing their worries, making plans together, spending quality time, or leaning on each other for support. Busy work schedules, raising children, money problems, unresolved arguments, and years of poor communication can all add up, creating distance that is easy to miss at first.

By the time one partner starts thinking about divorce, the relationship may have been struggling for a long time. In these cases, Illinois divorce law does not require either spouse to prove who is at fault for the emotional breakdown. However, the effects of this long period of disconnection can still impact many parts of the divorce process.

## Emotional Distance Can Lead To Irreconcilable Differences

Illinois is a no-fault divorce state. Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), a court may dissolve a marriage when irreconcilable differences have caused an irretrievable breakdown, efforts at reconciliation have failed, or future attempts at reconciliation would be impracticable and not in the family’s best interests. The law does not require proof of adultery, abandonment, cruelty, or another traditional fault ground.

Emotional disconnection is often part of the story that leads couples to decide their marriage cannot be fixed. One partner might feel the marriage ended emotionally long before anyone filed for divorce. The other might be surprised by the filing, not realizing how serious the problems had become.

That difference in perception can make the early stages of divorce difficult. We often encourage clients to separate the emotional history of the marriage from the legal questions the court must decide.

### Marital Misconduct Usually Does Not Control Property Division

Emotional withdrawal can lead to resentment, but Illinois courts do not divide marital property based on which spouse was more caring, communicative, or emotionally involved.

Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), the court divides marital property in just proportions after considering statutory factors such as each spouse’s contributions, the duration of the marriage, the value of property assigned to each spouse, and each party’s economic circumstances. The statute specifically directs courts to divide marital property without regard to marital misconduct.

Marital misconduct differs from financial conduct. If emotional disconnection is followed by a spouse improperly spending, transferring, or wasting marital money during the breakdown of the marriage, a claim involving dissipation may become relevant under Section 503.

For example, secretly spending substantial marital funds for purposes unrelated to the marriage may raise a financial issue even though emotional withdrawal alone ordinarily does not.

### Emotional Disconnection May Affect Financial Planning

Spouses who have become emotionally disconnected sometimes begin functioning almost like separate households before either files for divorce. They may maintain separate accounts, divide expenses informally, make independent financial decisions, or stop discussing retirement and long-term plans.

Those arrangements do not necessarily determine how a court will classify or divide property. Assets acquired during the marriage are generally subject to Illinois marital-property rules, regardless of whether the spouses felt emotionally separated when the property was acquired.

Maintenance may also become an issue. Under 750 ILCS 5/504, a court may award maintenance after considering factors that include each spouse’s income, property, needs, earning capacity, standard of living during the marriage, and duration of the marriage. Maintenance is determined without regard to marital misconduct.

### Parenting Decisions Remain Focused On The Children

When parents have children together, emotional disconnection between the spouses does not automatically determine parenting time or decision-making authority.

Under 750 ILCS 5/602.5, significant decision-making responsibilities are allocated according to the child’s best interests. The court considers factors such as the parents’ past decision-making arrangements, the child’s needs, the parents’ ability to cooperate, and each parent’s willingness to encourage the child’s relationship with the other parent.

Parenting time is governed by 750 ILCS 5/602.7, which also requires the court to focus on the child’s best interests. Factors include each parent’s prior caretaking role, the child’s adjustment to home and school, the child’s needs, and the parents’ circumstances.

A poor relationship between spouses therefore should not automatically become a poor co-parenting relationship. We help clients focus on the practical parenting arrangements that will serve their children after the marriage ends.

### Recognizing The Legal Issues Before Filing For Divorce

When a marriage has been emotionally disconnected for a long time, one spouse may already be mentally prepared for divorce while the other is just beginning to understand what is happening. That imbalance can influence negotiations and decision-making.

Before making major financial changes, moving out, transferring property, or agreeing to parenting arrangements, it can be useful to understand the legal consequences. We review the client’s finances, property, debts, parenting circumstances, and long-term concerns so that decisions are based on Illinois law rather than frustration or uncertainty.

## Speak With Gordon & Perlut, LLC About Your Potential Illinois Divorce

When emotional disconnection has developed over months or years, deciding what to do next can involve more than the relationship itself. Divorce may affect your home, finances, retirement savings, parenting arrangements, maintenance, and future plans. Understanding those issues before making major decisions can help you approach the process with realistic expectations.

At Gordon & Perlut, LLC, we represent people facing divorce and family law matters in Chicago, Skokie, and communities throughout Illinois. We work closely with our clients to identify the legal and financial issues involved, explain how Illinois divorce law applies, and help them make informed decisions throughout the case.

If your marriage has reached the point where divorce is becoming a serious consideration, call our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our [Chicago](https://www.chicago.gov/city/en.html) office at [312-360-0250](tel:13123600250) or our [Skokie](https://www.skokie.org/) office at [847-329-0101](tel:18473290101)  [for a free consultation](https://familylawadvocate.com/contact-us/). Call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We represent clients throughout Illinois and can discuss your circumstances, your concerns, and the legal options available to you.

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**Categories:** Divorce

**Tags:** Why Emotional Disconnection Often Happens Gradually In A Marriage

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### [The Difference Between Temporary Frustration And Long-Term Unhappiness In An Illinois Marriage](https://familylawadvocate.com/the-difference-between-temporary-frustration-and-long-term-unhappiness-in-an-illinois-marriage/)

**Published:** October 2, 2026
**Author:** familylawadvocate

**Content:**

All marriages face tough times, and even serious disagreements do not always mean divorce is the answer. Stress from money, work, parenting, health, family, or intimacy can cause frustration that feels lasting, but often passes. Long-term unhappiness is different because it usually points to deeper issues that remain even after trying to fix them. In Illinois, you do not have to prove adultery, abandonment, cruelty, or other marital fault to get a divorce. The law focuses on whether irreconcilable differences have led to a breakdown of the marriage and if attempts to reconcile have failed or would not be practical or good for the family under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm).

## Temporary Frustration Does Not Have A Separate Legal Definition

Illinois law does not set a legal standard for deciding if someone is just frustrated or truly unhappy in their marriage. This is a personal choice. The divorce law applies when one or both spouses decide the marriage cannot be fixed.

Under 750 ILCS 5/401, irreconcilable differences are the basis for dissolution. If spouses have lived separate and apart for at least six continuous months immediately before entry of the divorce judgment, Illinois law creates an irrebuttable presumption that the irreconcilable-differences requirement has been satisfied.

This does not mean a couple has to be separated for six months before filing. A spouse can file earlier if the other legal requirements are met.

### Consider Whether The Problem Is Situational Or Persistent

Before filing, it helps to tell the difference between short-term frustration and ongoing problems. A tough period caused by job loss, a new baby, money troubles, illness, or other stress may seem different once things settle down.

Long-term unhappiness often means repeated arguments, loss of trust, growing apart, different goals, or not being able to solve the same problems over many years. Legally, Illinois courts do not judge if a spouse’s reason for divorce is emotionally justified. The court simply follows the legal requirements for ending a marriage.

We help clients understand the legal consequences so they can make choices based on facts, not just emotions or anger.

### Filing For Divorce Can Trigger Immediate Legal Issues

Once a divorce case begins, practical issues may need attention before the final judgment. [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) allows courts to enter temporary orders involving matters such as maintenance, child support, possession of the marital residence, allocation of parental responsibilities, and other appropriate relief while the case is pending.

Temporary orders matter when spouses cannot agree on money, parenting, or who stays in the home. These orders are meant to keep things stable during the divorce and do not always decide the final result.

For that reason, filing should not be viewed only as a symbolic statement that the marriage is ending. It starts a legal proceeding that can affect income, property, parenting schedules, and household arrangements.

### Financial Consequences Should Be Considered Before Filing

Long-term unhappiness may lead someone to focus almost entirely on ending the relationship, but divorce also requires important financial decisions.

Illinois courts divide marital property under the equitable-distribution rules of 750 ILCS 5/503. Equitable does not automatically mean equal. The court considers statutory factors when allocating marital assets and debts.

Maintenance may also become an issue. Under 750 ILCS 5/504, a court may award maintenance to either spouse after considering factors including income, property, needs, earning capacity, the length of the marriage, and other statutory considerations. Marital misconduct is not the basis for deciding whether maintenance should be awarded.

Understanding these issues before filing can help prevent financial decisions made primarily from frustration.

### Children Change The Legal Analysis

Parents also need to consider how separation will affect their children. Illinois no longer uses the traditional term “custody” as the primary statutory framework. Courts allocate significant decision-making responsibilities and parenting time based on the child’s best interests.

Under 750 ILCS 5/602.5, significant decision-making involving matters such as education and health is allocated according to the child’s best interests.

Similarly, 750 ILCS 5/602.7 requires parenting time to be allocated according to the child’s best interests and directs courts to consider numerous statutory factors.

A parent who is uncertain about the marriage should understand these potential consequences before making major changes involving the children, the home, or parenting schedules.

### Making A Decision Based On Information Rather Than Emotion

There is no statute that tells someone when unhappiness has lasted long enough to justify divorce. That decision remains personal. Our role is to explain what happens legally if a client chooses to move forward.

We discuss property, debt, maintenance, parenting responsibilities, support, temporary orders, and the likely court process so clients can make informed decisions. Understanding the legal consequences can be especially useful when someone is unsure whether the current problems reflect a temporary crisis or a marriage that has permanently broken down.

## Speak With Gordon & Perlut, LLC About Your Illinois Divorce Options

Deciding whether marital problems reflect temporary frustration or long-term unhappiness is deeply personal. You do not need to make that decision without understanding the legal consequences. Before filing, it can be helpful to know how Illinois law may affect your property, debts, income, maintenance, children, parenting schedule, and living arrangements.

At Gordon & Perlut, LLC, we help clients understand their rights and options under Illinois divorce law so they can make informed decisions about what comes next. Whether you are preparing to file, responding to a spouse who has already filed, or simply trying to understand what divorce could mean for your family, we can review your situation and explain the legal issues involved.

Call our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [for a free consultation](https://familylawadvocate.com/contact-us/). We represent divorce and family law clients in [Chicago](https://www.chicago.gov/city/en.html) and [Skokie](https://www.skokie.org/).

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**Categories:** Divorce

**Tags:** The Difference Between Temporary Frustration And Long-Term Unhappiness In An Illinois Marriage

---

### [What Is The Best Interests Of The Child Standard In Illinois?](https://familylawadvocate.com/what-is-the-best-interests-of-the-child-standard-in-illinois/)

**Published:** September 24, 2026
**Author:** familylawadvocate

**Content:**

When parents divorce or separate, Illinois courts do not look for a winner between parents. Instead, they focus on what arrangement will best protect the child’s welfare, stability, safety, and development. This approach is called the best-interests-of-the-child standard. It guides decisions about both major choices for the child and how parenting time is shared. We help parents understand how judges use this standard and how their actions, evidence, and parenting plans can influence the court’s decision.

## How Illinois Law Defines Parental Responsibilities

Illinois law no longer relies primarily on the traditional terms “custody” and “visitation.” Instead, the Illinois Marriage and Dissolution of Marriage Act addresses the allocation of parental responsibilities.

Parental responsibilities generally involve two separate areas. The first is significant decision-making responsibility. The second is parenting time.

Under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), the court must allocate significant decision-making responsibilities according to the child’s best interests. These responsibilities may involve education, medical and psychological care, religion, and extracurricular activities. The court may assign a particular area to one parent or divide decision-making responsibilities between both parents. Illinois law does not require an equal allocation in every case.

Parenting time refers to the periods when each parent is responsible for caring for the child. Under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), the court must also allocate parenting time according to the child’s best interests.

The court may reach different conclusions about these two areas. Parents might share significant decisions while following an unequal parenting schedule. In another case, the court may allocate one major decision-making category to one parent while giving both parents substantial parenting time.

### Factors Affecting Significant Decision-Making Responsibilities

When deciding who should make major decisions for the child, the court examines all relevant circumstances. [Section 602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) identifies several factors that judges may consider.

The court may consider the child’s wishes when the child is mature enough to express a reasoned and independent preference. A child does not automatically choose which parent receives decision-making authority. The judge must consider the child’s age, maturity, reasoning, and whether the preference appears to have been influenced by either parent.

The court also examines the child’s adjustment to home, school, and community. A stable routine, successful school placement, established medical care, and strong community relationships may be important.

The mental and physical health of everyone involved may also matter, but a diagnosis alone does not decide the case. The question is whether a health condition affects a parent’s ability to make responsible decisions or meet the child’s needs.

Another major factor is the parents’ ability to cooperate. Shared decision-making can become difficult when parents cannot communicate, repeatedly refuse to exchange information, or use disagreements to delay important choices. The court may also review each parent’s history of participating in educational, medical, religious, and extracurricular decisions.

We often help clients organize records showing their past involvement. School communications, medical appointments, activity schedules, emails, and other documents may demonstrate which parent has handled important responsibilities and whether the parents have been able to work together.

### Factors Affecting Parenting Time

The parenting-time analysis focuses on the child’s daily care and relationship with each parent. The court considers the wishes of both parents and, when appropriate, the child’s wishes.

Judges may examine how much care taking each parent performed during the 24 months before the case began. This does not mean that the parent who historically performed more daily care automatically receives more parenting time. It does mean that the court may consider the routines the child already knows and each parent’s practical experience meeting the child’s needs.

The court may also examine the child’s relationship with parents, siblings, and other important people. The distance between the parents’ homes, school transportation, work schedules, childcare arrangements, and the cost and difficulty of exchanges may affect whether a proposed schedule is realistic.

Each parent’s willingness to support the child’s relationship with the other parent is another important consideration. A parent who repeatedly interferes with communication, blocks reasonable contact, or involves the child in adult disputes may weaken that parent’s position.

Illinois courts are directed to consider conduct that affects the parent’s relationship with the child. Personal behavior that has no meaningful effect on the child or parenting ability should not control the decision.

### The Child’s Preference Is Only One Factor

Parents often ask whether a child can decide where to live. Illinois law permits the court to consider the child’s wishes, but the preference is not binding.

A younger child may have difficulty understanding the long-term consequences of a parenting schedule. Even an older child’s preference may be influenced by fewer household rules, access to friends, a preferred school, or pressure from one parent.

Under [750 ILCS 5/604.10](https://ilga.gov/documents/legislation/ilcs/documents/075000050K604.10.htm), the court may interview the child privately in chambers to learn the child’s wishes concerning parental responsibilities. Attorneys are generally present unless the parties agree otherwise, and the interview is recorded and filed under seal.

Parents should not ask children to select a side, rehearse statements, or carry messages between households. Courts may take attempts to influence a child seriously. We help clients present legitimate concerns without forcing the child into the center of the case.

### There Is No Automatic Rule Requiring Equal Parenting Time

Illinois law does not automatically require a 50-50 parenting schedule. The court must create a schedule based on the individual child’s best interests.

Equal parenting time may work well when parents live near one another, communicate effectively, follow similar routines, and can manage school and activity transportation. It may be less practical when parents live far apart, work conflicting schedules, or have a level of conflict that makes frequent exchanges harmful.

The court does not simply count which parent has the larger home, higher income, or more flexible schedule. A parenting plan should reflect the child’s school attendance, sleep schedule, relationships, health needs, activities, and need for dependable contact with each parent.

We help parents propose detailed schedules that address weekdays, weekends, holidays, vacations, school breaks, transportation, exchanges, telephone contact, and unexpected changes. A workable plan is often more persuasive than a general request for “equal time” without practical details.

### How Domestic Violence And Safety Concerns Affect The Standard

The child’s safety is central to the best-interests analysis. The court may consider physical violence, threats, abuse, harassment, substance misuse, neglect, and other conduct that affects the child or another household member.

Illinois law generally presumes that parents are fit. A court does not impose restrictions merely because the parents dislike or distrust each other. Under 750 ILCS 5/603.10, restrictions may be imposed when the court finds conduct that seriously endangers the child’s physical, mental, moral, or emotional health or significantly impairs the child’s emotional development.

Restrictions may include supervised parenting time, protected exchange locations, prohibitions on substance use, required treatment, limitations involving particular individuals, or other safety conditions.

Claims of endangerment require credible evidence. Police reports, medical records, orders of protection, messages, photographs, witness testimony, treatment records, and admissions may become important. False or exaggerated accusations can damage a parent’s credibility and make a genuine parenting dispute harder to resolve.

### How A Parenting Plan Is Created

Parents may submit an agreed written parenting plan for court approval. When parents cannot agree, each parent may be required to submit a proposed plan.

Under 750 ILCS 5/602.10, a parenting plan generally addresses the allocation of decision-making responsibilities, parenting time, holidays, transportation, communication, access to records, relocation notice, and methods for resolving future disputes. When the parents do not agree, the court determines parenting time according to the child’s best interests.

A detailed plan can reduce future conflict. Vague terms such as “reasonable parenting time” may create disagreement over dates, pickup times, transportation, and holidays.

We help clients prepare plans that fit the family’s actual circumstances. A strong proposal should be practical, child-focused, and specific enough to enforce.

### Temporary Orders May Apply During The Divorce

A divorce or parental-responsibilities case may take months to resolve. During that period, the court can enter temporary orders addressing where the child stays and how decisions are made.

Under 750 ILCS 5/603.5, a court may temporarily allocate parental responsibilities according to the same best-interests standards used for final decisions. A temporary allocation may be entered after a hearing or, when there is no objection, based on an appropriate parenting plan.

Temporary orders are not necessarily the final outcome, but they can influence the family’s routine and the evidence later presented. Parents should take temporary proceedings seriously and comply with the resulting order.

### The Standard Also Applies To Later Modifications

A child’s needs and family circumstances can change after the original parenting judgment. A parent may change jobs, relocate, develop a serious health problem, or repeatedly fail to follow the parenting plan.

Under 750 ILCS 5/610.5, parenting time may be modified when changed circumstances make a modification necessary to serve the child’s best interests. Parenting time may be changed without proving serious endangerment, although requests to restrict parenting time require a higher showing.

Modifying significant decision-making responsibilities may involve different standards and timing requirements. We review the existing judgment, the requested change, and the evidence before deciding what type of petition is appropriate.

## Speak With A Chicago Divorce Attorney About Your Child’s Best Interests

Parenting decisions made during an Illinois divorce can shape a child’s daily life for years. We help parents present evidence concerning decision-making responsibilities, parenting time, school needs, safety, family relationships, and practical schedules. We also prepare parenting plans, address temporary orders, respond to restrictions, and seek modifications when circumstances change.

Gordon & Perlut, LLC represents parents in Chicago, Skokie, and throughout Illinois. Our attorneys provide practical guidance in divorce, parenting time, parental responsibilities, modification, and other family law matters.

Call our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and Illinois.

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**Categories:** Family Law

**Tags:** What Is The Best Interests Of The Child Standard In Illinois?

---

### [Assets That Qualify As Marital Property In Illinois](https://familylawadvocate.com/assets-that-qualify-as-marital-property-in-illinois/)

**Published:** September 1, 2026
**Author:** familylawadvocate

**Content:**

Dividing property is a key part of most Illinois divorces. Many people think an asset belongs only to the person named on the account, deed, or title, but that’s often not true. Property gained during the marriage can be marital property, even if only one spouse earned the money, bought the asset, or managed the account. We help clients in [Chicago](https://en.wikipedia.org/wiki/Chicago) find, classify, value, and divide property under Illinois law to make sure nothing important is missed.

## How Illinois Defines Marital Property

Illinois law generally treats property acquired by either spouse after the marriage and before entry of the divorce judgment as marital property. This definition includes assets, debts, and other financial obligations. Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), property acquired during that period is presumed to be marital regardless of whether title is held by one spouse individually or by both spouses together.

The spouse claiming that an asset is non-marital usually must present evidence supporting that classification. For that reason, the date of acquisition, source of funds, ownership history, and movement of money between accounts can become critical.

Illinois is an equitable-distribution state. The court divides marital property in just proportions after considering the statutory factors. A just division is not automatically an equal division.

### Income Earned During The Marriage

Wages, salaries, commissions, bonuses, overtime, and other pay earned during the marriage are usually considered marital property. This is true even if the money went into an account with only one spouse’s name on it.

Employment benefits earned during the marriage may also be marital. These assets can include deferred compensation, restricted stock, stock options, profit-sharing interests, and unpaid bonuses. The timing and terms of the compensation plan may determine what portion belongs to the marital estate.

Income earned after the marriage but before the divorce judgment may still qualify as marital property. Physical separation alone does not automatically end the accumulation of marital assets.

### Homes And Other Real Estate

A home purchased during the marriage is commonly marital property, even if only one spouse signed the deed or mortgage. Other real estate may include rental properties, vacation homes, commercial buildings, vacant land, and investment property.

When dividing property, the court looks at things like value, mortgage balance, equity, tax effects, and each spouse’s finances. Sometimes one spouse keeps the property and the other gets other assets or a payment for their share. If keeping the property is not practical, the court may order it to be sold.

A house owned before the marriage may begin as non-marital property. However, marital funds used for mortgage payments, renovations, or other contributions may create reimbursement issues under Section 503. Careful tracing is often required to determine the rights of each property estate.

### Retirement Accounts And Pensions

Retirement benefits earned during the marriage are generally marital property. This may include 401(k) plans, pensions, individual retirement accounts, government retirement systems, and other employer-sponsored benefits.

Only the portion earned during the marriage is usually part of the marital estate when the account existed before the wedding. Financial records may be needed to calculate the premarital balance, marital contributions, investment growth, and the current value.

Dividing a retirement plan may require a Qualified Domestic Relations Order or another plan-specific court order. A divorce judgment alone may not be enough to direct the plan administrator to transfer benefits.

### Businesses And Professional Practices

A business created or acquired during the marriage may qualify as marital property, including a corporation, partnership, limited liability company, professional practice, or sole proprietorship. The business may be marital even when only one spouse owns the shares or works in the company.

A business formed before marriage may have both non-marital and marital components. Marital labor, reinvested earnings, capital contributions, and increases in value may create complicated classification and reimbursement questions.

A business valuation may examine revenue, cash flow, assets, liabilities, owner compensation, customer relationships, goodwill, and future earning potential. Accurate valuation is important because the business may be one of the largest assets in the estate.

### Bank Accounts And Investments

Checking accounts, savings accounts, brokerage accounts, mutual funds, certificates of deposit, cryptocurrency, and other investments acquired with marital income may be marital property. The name on the account is not decisive.

An account containing both marital and non-marital money may become commingled. Section 503 provides rules for situations in which one property estate contributes to another or funds lose their separate identity. A spouse asserting a non-marital claim may need to trace the asset through statements, transfer records, and other financial documents.

Poor record-keeping can make tracing difficult. When non-marital funds cannot be identified clearly, the court may classify the disputed property as marital.

### Personal Property And Valuable Collections

Vehicles, furniture, jewelry, artwork, antiques, firearms, collectibles, and other personal property acquired during the marriage may be part of the marital estate. These items are sometimes overlooked because they do not appear on standard bank statements.

The parties may agree on how to divide household property. High-value items may require appraisals when ownership or value is disputed. Photographs, receipts, insurance schedules, and prior appraisals can help establish what exists and what it may be worth.

Personal attachment does not necessarily determine legal ownership. A gift from one spouse to the other may raise different issues from an item purchased for general family use.

### Debts May Also Be Marital

Illinois law includes debts and obligations within the marital-property analysis. Credit card balances, mortgages, tax liabilities, business loans, vehicle loans, and personal debts incurred during the marriage may be allocated between the spouses.

The court may consider why the debt was incurred, who benefited, which spouse is better able to pay it, and whether the obligation is connected to a particular asset. A debt appearing in one spouse’s name may still be marital.

Creditors are not necessarily bound by the allocation in the divorce judgment. If both spouses signed a loan, the lender may retain the right to pursue either borrower even when the divorce order assigns responsibility to one spouse.

### Property That May Be Non-marital

Section 503 identifies several categories of non-marital property. These generally include property acquired before marriage, property received by gift or inheritance, property acquired in exchange for non-marital property, and property excluded through a valid agreement. Certain judgments and income from non-marital property may also remain separate under the statute.

An inheritance does not become marital merely because it was received during the marriage. However, depositing inherited money into a joint account or using it to purchase jointly titled property can create classification disputes.

The spouse asserting that property is non-marital should preserve documents showing how it was acquired and maintained. These may include probate records, gift letters, premarital statements, closing documents, and account histories.

### How Illinois Courts Divide Marital Property

Illinois courts divide marital property in just proportions after considering factors listed in [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). These include each spouse’s contribution to the acquisition and preservation of property, the value assigned to each spouse, the duration of the marriage, economic circumstances, age, health, income, employability, obligations from prior marriages, and opportunities to acquire future assets and income.

The court may also consider dissipation. Dissipation generally involves using marital property for a purpose unrelated to the marriage while the relationship is undergoing an irretrievable breakdown. Claims involving dissipation are subject to notice and timing requirements under Section 503.

Marital misconduct is not a factor in dividing property. The focus is on financial facts and the statutory considerations rather than assigning blame for the end of the marriage.

## Speak With A Chicago Divorce Attorney About Marital Property

Determining what belongs to the marital estate requires more than reviewing whose name appears on an account or deed. We examine when property was acquired, how it was funded, whether marital and non-marital assets were combined, and whether either spouse may have a reimbursement or dissipation claim. Proper classification and valuation can have a lasting effect on your financial position after divorce.

Call our [Chicago divorce law attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and Illinois.

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**Categories:** Divorce Lawyer

**Tags:** Assets That Qualify As Marital Property In Illinois

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### [What Not To Do During A Divorce In The State Of Illinois](https://familylawadvocate.com/what-not-to-do-during-a-divorce-in-the-state-of-illinois/)

**Published:** August 31, 2026
**Author:** familylawadvocate

**Content:**

Divorce can be one of the toughest legal and personal challenges you may ever face. When emotions are high, it’s easy to make choices that seem right at the time but cause problems later. Mistakes during divorce can impact how property is divided, parenting arrangements, your finances, and the final outcome. The decisions you make now can have lasting effects. Knowing what to avoid during an Illinois divorce can help protect your interests and give you a better chance for a positive result.

Illinois divorce cases are governed by the Illinois Marriage and Dissolution of Marriage Act. Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), a marriage may be dissolved based on irreconcilable differences. Once a divorce case begins, both parties should be mindful that their actions may be examined by the court when resolving disputes involving finances, property, and children.

### Do Not Hide Assets Or Financial Information

One of the most damaging mistakes a person can make during a divorce is attempting to hide assets or income. Illinois law requires full and accurate financial disclosure. Property division is governed by [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), which requires courts to divide marital property in an equitable manner.

Trying to hide bank accounts, investments, business interests, cash, or other assets can hurt your credibility and may lead to court decisions that are not in your favor. Being open and honest is important throughout the divorce process.

### Do Not Ignore Court Orders

Temporary court orders usually cover parenting time, support, property, and other key issues while your divorce is ongoing. If you ignore a court order, you could face serious legal trouble and even be held in contempt. Judges expect both parties to comply with court directives. Failure to do so can affect future decisions involving parental responsibilities, support, and credibility before the court.

### Do Not Use Children As Leverage

Children should never be placed in the middle of a divorce dispute. Illinois courts determine parental responsibilities and parenting time based on the best interests of the child under 750 ILCS 5/602.7.

Trying to use children to influence the case, blocking parenting time, or involving them in adult arguments can hurt your custody case. Courts usually look favorably on parents who support strong relationships between children and both parents.

### Do Not Make Emotional Financial Decisions

Many people are tempted to make major financial decisions during a divorce out of frustration, anger, or fear. Draining accounts, making unusual purchases, taking on unnecessary debt, or selling property without proper consideration can create significant complications. Careful financial planning matters during a divorce. Before making big financial decisions, think about how they could affect the outcome of your case.

### Do Not Post Carelessly On Social Media

Social media activity can become evidence in a divorce case. Photographs, comments, messages, and posts may be used to challenge claims relating to parenting, finances, spending habits, or other disputed issues. Even seemingly harmless posts can be misunderstood when viewed in the context of litigation. Exercising caution on social media is often a wise decision during divorce proceedings.

## Divorce Mistake FAQs

### What Is The Biggest Mistake People Make During Divorce?

One of the most common mistakes is allowing emotions to drive important decisions. Divorce can be stressful, but decisions involving finances, children, and property should be based on long-term goals rather than temporary frustration or anger.

### Can Hiding Assets Affect My Divorce Case?

Yes. Illinois courts expect complete financial disclosure from both parties. If hidden assets are discovered, the court may view the conduct negatively and take it into account when resolving financial issues.

### Should I Move Out Of The Marital Home During Divorce?

The answer depends on the circumstances of your case. Moving out may affect practical issues involving parenting time, finances, and access to property. Before making that decision, it is important to understand the potential legal and financial consequences.

### Can Social Media Be Used Against Me In Court?

Yes. Social media content is frequently used as evidence in divorce litigation. Photographs, comments, location information, and messages may be reviewed by attorneys and presented to the court if they are relevant to disputed issues.

### Why Is Financial Disclosure So Important?

Financial disclosure allows the court to fairly evaluate assets, debts, income, and expenses. Accurate information is necessary for decisions involving property division, child support, and maintenance.

### Can Refusing Parenting Time Hurt My Case?

Potentially. Courts generally encourage meaningful relationships between children and both parents when appropriate. Interfering with parenting time or refusing to comply with parenting-related orders may negatively affect your position in court.

### What Happens If I Violate A Court Order?

Violating a court order can result in contempt proceedings and other legal consequences. Courts take compliance seriously and may impose penalties or consider violations when making future rulings.

### Should I Make Large Purchases During A Divorce?

Large purchases often create unnecessary complications. Significant financial transactions may raise questions regarding marital assets, spending habits, and financial priorities. It is generally wise to exercise caution before making major financial decisions during an active divorce case.

## Call Gordon & Perlut, LLC For A Free Phone Consultation

Divorce decisions made today can affect your finances, your family, and your future for years to come. At Gordon & Perlut, LLC, we help clients understand their rights, avoid costly mistakes, and pursue practical solutions to complex divorce and family law issues. We work closely with our clients to protect their interests at every stage of the process.

If you are considering divorce or are currently involved in a divorce proceeding, contact Gordon & Perlut, LLC today. Call our [Chicago divorce law attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout in [Chicago](https://www.chicago.gov/city/en.html), and [Skokie](https://www.skokie.org/).

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**Categories:** Divorce

**Tags:** What Not To Do During A Divorce In The State Of Illinois

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### [What Things Should Be Included In An Illinois Parenting Plan?](https://familylawadvocate.com/what-things-should-be-included-in-an-illinois-parenting-plan/)

**Published:** August 27, 2026
**Author:** familylawadvocate

**Content:**

When parents in Illinois divorce or separate, the parenting plan becomes one of the most important documents in the process. This plan acts as a guide for raising children after the relationship ends. It sets clear expectations, helps avoid misunderstandings, and gives children stability. A good parenting plan can prevent future conflicts and make it easier for parents to cooperate. Since the plan affects many parts of a child’s life, Illinois courts review them closely to make sure they are in the child’s best interests. Knowing what to include in a parenting plan can help parents make better choices and avoid issues down the road.

Under the Illinois Marriage and Dissolution of Marriage Act, parents are generally required to submit a parenting plan when issues involving parental responsibilities and parenting time are before the court. Illinois law addresses parenting plans under [750 ILCS 5/602.10](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.10.htm) and related sections.

## Parenting Time Schedule

A key part of any parenting plan is the parenting time schedule. The plan should clearly state when the child will be with each parent during weekdays, weekends, holidays, school breaks, and summer vacations.

A detailed schedule reduces confusion and helps both parents understand their responsibilities. The more specific the schedule, the less likely disputes will arise in the future. Illinois courts generally encourage parenting arrangements that promote a strong relationship between children and both parents whenever appropriate.

### Allocation Of Significant Decision-Making Responsibilities

Illinois no longer uses the term “custody.” Instead, courts allocate significant decision-making responsibilities. Under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), these responsibilities may include decisions regarding education, healthcare, religion, and extracurricular activities.

A parenting plan should clearly state if parents will make decisions together or if one parent will be in charge of certain areas. Deciding these things ahead of time can help avoid disagreements that might affect the child’s well-being.

### Transportation And Exchange Procedures

A parenting plan should include details about transportation and how children will be exchanged between parents. It should say where exchanges will happen, which parent will handle transportation, and how any changes to the schedule will be managed.

These provisions may seem minor, but they often become a source of conflict when they are not addressed clearly. A thorough parenting plan can help avoid unnecessary arguments and misunderstandings.

### Communication Between Parents And Children

The parenting plan should set clear rules for communication. This can include phone calls, video chats, text messages, and other ways for parents and children to stay in touch during parenting time.

Clear rules about communication help keep strong parent-child relationships and reduce arguments about contact when the child is with the other parent.

### Dispute Resolution Procedures

No parenting plan can predict every possible issue. That’s why many plans include ways to resolve disagreements. Mediation or other methods can help parents solve problems without going back to court.

Including a process for resolving disputes can save time, reduce stress, and help parents focus on the best interests of their children.

### Focusing On The Child’s Best Interests

Illinois courts evaluate parenting issues based on the child’s best interests under 750 ILCS 5/602.7. Every parenting plan should be designed to promote stability, support healthy parent-child relationships, and meet the child’s unique needs. A carefully drafted parenting plan can provide a solid foundation for successful co-parenting and reduce future litigation.

## Illinois Parenting Plan Frequently Asked Questions

### What Is An Illinois Parenting Plan?

An Illinois parenting plan is a written document that outlines how parents will share parenting responsibilities and parenting time after a divorce or separation. The plan addresses important issues such as schedules, decision-making authority, communication, and dispute resolution.

### Is A Parenting Plan Required In Illinois?

In many cases, yes. Illinois law generally requires parents involved in cases concerning parental responsibilities to submit a proposed parenting plan. The court reviews the plan and determines whether it serves the child’s best interests.

### What Decisions Must Be Addressed In A Parenting Plan?

A parenting plan should address significant decision-making responsibilities involving education, healthcare, religion, and extracurricular activities. The plan should explain how those decisions will be made and which parent will be responsible for making them.

### Can Parents Share Decision-Making Responsibilities?

Yes. Many parenting plans provide for joint decision-making authority. However, every family situation is different. The court will consider the child’s best interests when determining whether joint decision-making is appropriate.

### What Happens If Parents Cannot Agree On A Parenting Plan?

If parents cannot reach an agreement, the court may hold hearings and make decisions regarding parenting responsibilities and parenting time. The judge will consider evidence and determine an arrangement that serves the child’s best interests.

### Can A Parenting Plan Be Modified Later?

Yes. Parenting plans may be modified under certain circumstances. Significant changes involving the child, the parents, or family circumstances may justify seeking a modification through the court.

### Should Holidays Be Included In The Parenting Plan?

Absolutely. Holidays are often one of the most disputed issues between parents. A parenting plan should clearly identify how holidays, birthdays, school breaks, and special occasions will be shared to reduce future disagreements.

### Why Is A Detailed Parenting Plan Important?

A detailed parenting plan creates clarity, reduces misunderstandings, and helps establish expectations for both parents. It can also reduce the likelihood of future court disputes by addressing common parenting issues before problems arise.

## Contact Gordon & Perlut, LLC, To Discuss Your Divorce Options And Rights 

Parenting plans play a critical role in protecting parent-child relationships and providing stability for children after divorce. At Gordon & Perlut, LLC, we help parents develop practical and effective parenting plans that reflect their family’s unique circumstances while protecting their parental rights. We work closely with clients to address parenting time, decision-making responsibilities, and other important issues affecting their children.

If you have questions about parenting plans, parental responsibilities, or any Illinois divorce matter, contact Gordon & Perlut, LLC, today. Call our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients in [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and throughout Illinois with clear strategy and steady advocacy.

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**Categories:** Divorce

**Tags:** What Things Should Be Included In An Illinois Parenting Plan?

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### [Contested Divorce In Illinois: What Makes A Case More Complicated?](https://familylawadvocate.com/contested-divorce-in-illinois-what-makes-a-case-more-complicated/)

**Published:** August 12, 2026
**Author:** familylawadvocate

**Content:**

Divorces do not always end with both spouses on the same page about key issues. If you and your spouse disagree about property, finances, children, or support, your divorce is considered contested. This usually means more court hearings, more evidence, and greater involvement from lawyers and judges. Contested divorces often take longer and can be emotionally and financially tough. Knowing what can make a contested divorce more complicated can help you get ready and make better choices for your future.

Illinois uses a no-fault divorce system. According to [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), a marriage can end because of irreconcilable differences. Even if both spouses agree to divorce, disagreements about property, parental responsibilities, child support, or spousal maintenance can turn a simple case into a contested one.

### Disputes Over Property Division

A common reason for a contested divorce is disagreement over property and debt. Illinois follows equitable distribution under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), so marital property is divided fairly, not always equally.

People often disagree about the value of real estate, retirement accounts, business interests, investments, and personal property. Sometimes, one spouse claims certain assets are not part of the marriage, while the other thinks they should be included. Settling these issues may require financial records, appraisals, business valuations, and witness testimony.

### Child-Related Issues Can Increase Conflict

Divorces involving children are often the most emotional and challenging. Illinois courts decide parental responsibilities and parenting time based on what is best for the child.

Parents may disagree about decision-making authority, school selection, healthcare decisions, parenting schedules, relocation requests, or other important issues. When parents cannot reach an agreement, the court may need to review extensive evidence before making a decision. These disputes frequently add significant complexity to a divorce case.

### Spousal Maintenance Disagreements

Spousal maintenance, also known as alimony, is another common source of conflict. Illinois courts decide on maintenance using [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm). They look at things like each spouse’s income, future earning ability, how long the marriage lasted, and the standard of living during the marriage.

Disagreements regarding whether maintenance should be awarded, how much should be paid, and how long payments should continue can lead to extensive litigation.

### Hidden Assets And Financial Concerns

Some contested divorces get complicated when one spouse thinks the other is hiding assets or income. Being open about finances is very important during a divorce. If there are questions about bank accounts, business income, investments, or other assets, more investigation may be needed.

Discovery tools such as document requests, depositions, subpoenas, and financial analysis are often used to identify and value assets. These efforts can increase both the complexity and duration of a contested divorce.

## The Importance Of A Strong Legal Strategy

Every contested divorce presents unique challenges. Success often depends on careful preparation, detailed financial analysis, persuasive advocacy, and a clear understanding of Illinois divorce law. While settlement is possible in many contested cases, being prepared for litigation is often necessary to protect your interests and achieve a fair result.

## Frequently Asked Questions 

### What Is A Contested Divorce In Illinois?

A contested divorce occurs when spouses disagree about one or more issues that must be resolved before the divorce can be finalized. These disagreements may involve property division, parental responsibilities, parenting time, child support, spousal maintenance, or other matters related to the marriage.

### How Long Does A Contested Divorce Take?

The timeline depends on the complexity of the case and the issues being disputed. Some contested divorces may be resolved within several months, while others can take significantly longer if substantial disagreements exist or extensive discovery is required.

### Can A Contested Divorce Become Uncontested Later?

Yes. Many contested divorces begin with substantial disagreements but eventually settle through negotiation, mediation, or court-facilitated discussions. Reaching agreements on disputed issues can simplify the case and reduce litigation costs.

### What Happens If We Cannot Agree On Parenting Time?

If parents cannot reach an agreement, the court will make decisions based on the child’s best interests. Judges consider numerous factors, including the child’s needs, each parent’s involvement, and the ability of the parents to cooperate regarding child-related matters.

### How Does Illinois Divide Property During Divorce?

Illinois follows equitable distribution principles under 750 ILCS 5/503. The court seeks a fair division of marital property after considering relevant circumstances. Fair does not necessarily mean equal.

### What Is Discovery In A Divorce Case?

Discovery is the process through which each party gathers information and evidence. Discovery may include requests for documents, written questions, subpoenas, depositions, and financial disclosures. It is often used to obtain information regarding assets, debts, income, and other important issues.

### Can Hidden Assets Affect A Divorce Outcome?

Yes. Courts expect both parties to provide complete and accurate financial information. Attempts to conceal assets can create significant legal problems and may affect the court’s decisions regarding property division and other issues.

### Is Mediation Required In Illinois Divorce Cases?

In many counties, mediation may be required for certain disputes involving children. Even when mediation is not mandatory, it is often used as a tool to help parties resolve disagreements without a trial.

## Call Gordon & Perlut, LLC For Your Free Consultation By Telephone

Contested divorces require careful planning, strong advocacy, and a clear understanding of Illinois family law. At Gordon & Perlut, LLC, we help clients address complex disputes involving property division, parental responsibilities, parenting time, child support, and spousal maintenance. We work to protect our clients’ interests while pursuing practical solutions that support their long-term goals.

If you are facing a contested divorce in Illinois, contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Our law firm represents clients throughout the State of Illinois.

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**Categories:** Divorce

**Tags:** Contested Divorce In Illinois: What Makes A Case More Complicated?

---

### [How to Discuss a Gray/Senior Divorce with Your Adult Kids](https://familylawadvocate.com/how-to-discuss-a-gray-senior-divorce-with-your-adult-kids/)

**Published:** July 30, 2026
**Author:** familylawadvocate

**Content:**

Choosing to end a long-term marriage is rarely an easy decision. For couples over the age of 50, the emotional challenges of divorce often extend beyond the spouses themselves. One of the most difficult conversations may be telling your adult children that you have decided to divorce.

Unlike younger children, adult sons and daughters are not typically adjusting to parenting schedules, child support, or shared parental responsibilities. Instead, they may be forced to reconsider long-held assumptions about their family, their parents’ relationship, holiday traditions, future caregiving responsibilities, and even their own marriages.

Gray divorce—sometimes called senior divorce—has become increasingly common across the United States. As more couples choose to divorce later in life, many are discovering that their adult children often experience grief, confusion, or anxiety even though they no longer live at home.

While every family is different, approaching these conversations thoughtfully can help reduce unnecessary conflict and preserve healthy family relationships during the divorce process.

## Gray Divorce Continues To Increase

A gray divorce generally refers to the divorce of spouses who are age 50 or older. [Researchers have found that divorce rates among older adults have increased](https://thenationaldesk.com/news/fact-check-team/fact-check-team-why-gray-divorce-is-rising-even-as-overall-divorce-rates-decline-baby-boomers-generation-x-financial-security-marriage) significantly over the past several decades.

Several factors contribute to this trend, including:

- Longer life expectancies
- Greater financial independence
- Empty nest transitions
- Retirement lifestyle changes
- Reduced social stigma surrounding divorce
- Evolving personal goals later in life

Many couples simply recognize that they want different things during retirement than they did earlier in their marriage. Others have spent years attempting to resolve marital issues before ultimately deciding that divorce is the healthiest path forward.

Although the decision may be carefully considered by the spouses, it can come as a complete surprise to their adult children.

### Adult Children Often Experience Their Own Grief

Many parents assume their adult children will accept the news more easily simply because they are no longer minors.

Unfortunately, that is not always the case.

Adult children often experience emotions similar to those of younger children, including:

- Shock
- Sadness
- Anger
- Confusion
- Anxiety
- Guilt
- Fear about the future

Some adult children describe feeling as though the foundation of their family has suddenly changed. Family traditions, holiday gatherings, birthdays, anniversaries, and future celebrations may all look very different after divorce.

Adult children may also feel pressure to support both parents emotionally while simultaneously managing careers, marriages, and children of their own.

Recognizing that your children may need time to process the news can help make these conversations more productive.

### Choose The Right Time To Have The Conversation

Whenever possible, avoid telling your children during major holidays, birthdays, weddings, graduations, or other important family events.

These occasions should remain focused on celebration rather than becoming permanently associated with difficult family news.

Instead, choose a time when everyone has sufficient privacy and enough time to talk without feeling rushed.

If you have multiple adult children, consider whether it would be best to tell them together or separately based on your family’s unique dynamics.

### Present A United Front When Possible

If the divorce is mutual and communication remains respectful, many family law professionals recommend that both spouses tell their adult children together.

Presenting a united message helps reduce confusion and may reassure your children that neither parent is attempting to recruit them as allies.

A joint conversation also allows both parents to answer questions directly while demonstrating mutual respect despite the decision to divorce.

Not every divorce allows for this approach. High-conflict situations, domestic violence, or significant communication problems may require separate conversations.

### Reassure Your Children About Financial Stability

One of the first concerns many adult children have involves their parents’ financial future.

They may worry about:

- Retirement savings
- Housing
- Healthcare expenses
- Long-term care
- Inheritance
- Financial independence

These concerns are understandable.

Gray divorce often requires dividing retirement accounts, pensions, investment portfolios, real estate, and other marital assets accumulated over decades.

If appropriate, reassure your children that you have carefully considered the financial implications of divorce and are working with experienced professionals to protect your long-term financial security.

While there is no need to discuss every financial detail, providing reassurance may help reduce unnecessary anxiety.

### Explain That The Decision Was Carefully Considered

Many adult children initially believe that their parents are acting impulsively or could still reconcile.

If your decision has been made after years of reflection, counseling, or unsuccessful attempts to repair the marriage, it may help to explain that this was not a sudden decision.

You do not need to disclose every marital disagreement or assign blame.

Instead, communicate that:

- The decision was carefully considered.
- Both spouses deserve happiness.
- The marriage has reached a point where divorce is the healthiest option.
- The decision is final.

Providing unnecessary details about marital problems often places adult children in an uncomfortable position.

### Avoid Asking Adult Children To Take Sides

One of the most damaging mistakes parents can make during divorce is placing adult children in the middle of the conflict.

Avoid asking your children to:

- Choose between parents
- Deliver messages
- Gather information
- Provide legal advice
- Act as emotional counselors
- Criticize the other parent
- Mediate disagreements

Even though your children are adults, they should not become participants in your divorce.

Maintaining healthy boundaries helps preserve long-term family relationships while reducing unnecessary emotional strain.

### Respect Your Children’s Emotional Reactions

Some adult children immediately express understanding and support.

Others may become:

- Angry
- Disappointed
- Defensive
- Withdrawn
- Emotional

Remember that they are processing a major life change involving two people they love.

Give your children permission to experience their emotions without feeling pressured to immediately approve of your decision.

In many families, acceptance develops gradually over time.

### Focus On Your Future Rather Than Past Conflict

While your adult children may naturally ask why you are divorcing, it is usually more productive to focus on your future than on revisiting decades of marital disagreements.

Explain that you hope to build a retirement that reflects your current goals, interests, and priorities.

For many people, gray divorce represents an opportunity to pursue:

- Greater personal fulfillment
- Improved emotional well-being
- Better mental health
- New hobbies
- Volunteer opportunities
- Travel
- Healthier relationships
- Increased independence

Helping your children understand your hopes for the future may be easier than focusing exclusively on what went wrong in the marriage.

### Recognize That Relationships May Change Temporarily

Following a gray divorce, family relationships often require time to adjust.

Holiday schedules may change.

Adult children may alternate spending time with each parent.

Grandchildren may celebrate events differently than they have in the past.

These changes can feel uncomfortable initially, but many families eventually establish new traditions that allow everyone to maintain meaningful relationships.

Patience, flexibility, and open communication often make these transitions smoother.

### Gray Divorce Often Involves Unique Financial Issues

In addition to the emotional aspects of divorce, older couples frequently face financial issues that differ from those encountered by younger spouses.

These may include:

- Division of retirement accounts
- Pension benefits
- Social Security considerations
- Long-term healthcare planning
- Medicare eligibility
- Investment portfolios
- Real estate holdings
- Estate planning updates
- Business succession planning

Because retirement may be only a few years away—or already underway—it is especially important to understand the financial consequences before finalizing a divorce.

Working with experienced legal and financial professionals can help protect your long-term security.

## Frequently Asked Questions About Talking To Adult Children About Gray Divorce

### Should We Tell Our Adult Children Together?

If the divorce is relatively amicable, many families benefit from hearing the news from both parents at the same time. A unified conversation often reduces confusion, discourages blame, and demonstrates that both parents remain committed to maintaining healthy family relationships. In high-conflict situations, however, separate conversations may be more appropriate.

### Do Adult Children Usually Take Divorce Better Than Young Children?

Not necessarily. Although adult children may better understand the reasons behind a divorce, they often experience significant grief, anxiety, and uncertainty. They may worry about their parents’ health, finances, retirement, and future family traditions while also managing responsibilities to their own spouses and children.

### How Much Should We Tell Our Adult Children About Why We Are Divorcing?

Generally, it is best to provide honest but respectful explanations without sharing intimate marital details or criticizing the other parent. Adult children usually do not benefit from hearing every disagreement or conflict that contributed to the divorce.

### Should We Discuss Financial Details With Our Children?

That depends on your family’s circumstances. Many parents choose to reassure their adult children that they have considered the financial implications and are working with experienced professionals, without discussing every asset, debt, or settlement issue.

### What If Our Adult Children Are Angry About The Divorce?

Allow them time to process the news. Anger, sadness, disappointment, and confusion are common reactions. Avoid becoming defensive or asking them to choose sides. Many families find that acceptance develops gradually as everyone adjusts to the new family dynamic.

### Will Gray Divorce Affect Relationships With Grandchildren?

It may require adjustments, particularly regarding holidays, vacations, and family gatherings. However, many grandparents continue to enjoy close relationships with their grandchildren after divorce by maintaining positive communication and avoiding unnecessary conflict with the other parent.

### Why Should I Hire An Attorney Who Understands Gray Divorce?

Gray divorces often involve complex issues such as retirement accounts, pensions, investment assets, healthcare planning, spousal maintenance, and estate planning. An experienced Illinois divorce attorney can help you understand your legal rights while protecting your financial future during this important life transition.

## Contact Our Chicago Gray Divorce Attorney

Ending a long-term marriage is never easy, and discussing your decision with adult children can be one of the most emotional parts of the process. With thoughtful communication, realistic expectations, and experienced legal guidance, many families successfully navigate these conversations while preserving meaningful relationships.

The attorneys at Gordon & Perlut, LLC represent clients throughout Chicago, Skokie, Cook County, and the surrounding communities in gray divorce, property division, retirement asset division, spousal maintenance, and other complex family law matters. We understand the unique legal and financial issues that arise when couples divorce later in life and are committed to helping clients move forward with confidence.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101)today to schedule a confidential consultation with an experienced Chicago divorce attorney.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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### [Child Guardianship and the Opioid Epidemic](https://familylawadvocate.com/child-guardianship-and-the-opioid-epidemic/)

**Published:** July 28, 2026
**Author:** familylawadvocate

**Content:**

[The opioid epidemic](https://www.cdc.gov/overdose-prevention/about/understanding-the-opioid-overdose-epidemic.html) has affected families throughout Illinois in profound ways, extending far beyond addiction itself. When a parent struggles with opioid dependency or another serious substance use disorder, children may face instability, neglect, inconsistent caregiving, or unsafe living conditions. In many cases, grandparents, aunts, uncles, or other relatives step in to provide the care and stability that children need.

For these family members, one of the most important legal questions becomes whether they should seek guardianship of the child. Guardianship can provide the legal authority necessary to make decisions regarding a child’s education, healthcare, housing, and overall well-being when a parent is temporarily or permanently unable to fulfill those responsibilities.

While every situation is unique, Illinois law provides legal mechanisms that allow responsible relatives and other qualified individuals to petition for guardianship when doing so serves the child’s best interests.

## **How The Opioid Epidemic Has Changed Family Dynamics**

The opioid crisis has created challenges for thousands of Illinois families. Addiction can impair a parent’s ability to safely care for a child, maintain stable employment, provide housing, or consistently meet a child’s emotional and physical needs.

Substance use disorders often contribute to issues such as:

- Missed medical appointments
- School absenteeism
- Housing instability
- Financial hardship
- Mental health challenges
- Domestic conflict
- Criminal charges or incarceration
- Child neglect investigations

Although many parents successfully enter treatment and regain stability, others require extended rehabilitation or continued medical care before they are able to resume full parenting responsibilities.

During this period, children frequently rely on relatives for consistent care.

Grandparents have increasingly become primary caregivers, often assuming responsibility unexpectedly while trying to navigate unfamiliar legal issues involving custody, guardianship, healthcare, and education.

## **What Is Guardianship Under Illinois Law?**

[Guardianship is a legal relationship established by the court](https://www.cookcountycourtil.gov/case-type/guardianship) that gives an individual the authority to make important decisions on behalf of another person.

For minor children, guardianship allows someone other than the child’s parent to assume many of the legal responsibilities associated with raising the child. A guardian may have authority to make decisions regarding:

- Education
- Medical treatment
- Mental healthcare
- Daily supervision
- Housing
- Financial matters involving the child
- General welfare

Unlike adoption, guardianship generally does not permanently terminate a biological parent’s legal rights. Instead, guardianship often provides a temporary or long-term solution while addressing circumstances that prevent the parent from providing appropriate care.

[Guardianship of minors in Illinois is primarily governed by the Illinois Probate Act of 1975](https://ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=ESTATES&ActName=Probate%20Act%20of%201975.&ActID=2104&ChapterID=60&ChapAct=755+ILCS+5%2F&SeqStart=14300000&SeqEnd=17850000).

### **When Can Someone Seek Guardianship Of A Child?**

Illinois law does not permit just anyone to obtain guardianship of a child. Courts carefully evaluate whether the child’s parents are currently able and willing to exercise their parental responsibilities.

Depending upon the circumstances, guardianship may be appropriate when a parent:

- Voluntarily consents to the guardianship
- Is unable to care for the child because of physical or mental illness
- Cannot provide appropriate care due to substance abuse
- Has abandoned the child
- Cannot currently exercise parental responsibilities because of incarceration
- Is deceased
- Is otherwise unable or unwilling to provide proper care

The court’s primary concern is always the child’s safety, stability, and best interests.

### **Does Substance Abuse Automatically Result In Guardianship?**

No.

A parent does not automatically lose parental rights simply because they have been diagnosed with a substance use disorder or are receiving treatment for addiction.

Many individuals successfully participate in treatment programs, maintain recovery, and continue serving as capable parents.

However, when substance abuse substantially interferes with a parent’s ability to safely care for a child, the court may determine that guardianship is appropriate until the parent is able to resume parental responsibilities.

Each case depends upon its own facts.

The court may consider evidence such as:

- The parent’s current sobriety
- Participation in treatment
- Prior relapses
- Criminal history
- Housing stability
- Employment
- Ability to provide daily care
- Reports from child welfare agencies
- Testimony from family members
- Medical or rehabilitation records when appropriate

Rather than focusing solely on the parent’s addiction, the court evaluates how the circumstances affect the child’s welfare.

### **Grandparents Often Become Primary Caregivers**

Across Illinois, grandparents frequently become the first family members asked to care for children when parents struggle with addiction.

In many situations, grandparents already have strong emotional bonds with their grandchildren and are able to provide immediate stability while parents pursue treatment or address other challenges.

Grandparents may find themselves responsible for:

- Enrolling children in school
- Obtaining medical care
- Providing transportation
- Supervising extracurricular activities
- Meeting daily financial needs
- Coordinating counseling or therapy

Without legal guardianship, however, grandparents sometimes encounter difficulties making educational or medical decisions because they lack legal authority.

Obtaining guardianship can provide the legal framework necessary to care for the child while protecting the child’s ongoing relationship with the parent whenever appropriate.

### **Guardianship Is Different From Child Custody**

People often use the terms “custody” and “guardianship” interchangeably, but they involve different legal proceedings.

Guardianship is typically handled under the Illinois Probate Act and is commonly used when parents are unable to care for a child because of illness, addiction, military deployment, incarceration, or other significant circumstances.

Parental responsibilities (formerly called custody) are generally determined under the Illinois Marriage and Dissolution of Marriage Act during divorce, parentage, or allocation of parental responsibilities proceedings.

Although both legal processes involve caring for children, they arise under different statutes and address different legal circumstances.

Choosing the appropriate legal action depends upon the family’s specific situation.

### **Can Parents Regain Custody After Guardianship?**

Yes, in many situations.

Guardianship is often intended to provide stability while a parent addresses the issues that made guardianship necessary.

For example, a parent who successfully completes substance abuse treatment, maintains sobriety, secures stable housing, and demonstrates the ability to safely parent may later ask the court to terminate the guardianship.

The court will again focus on the child’s best interests when considering whether circumstances have sufficiently changed to justify returning the child to the parent’s care.

This flexibility allows families to prioritize child safety while also recognizing that recovery from addiction is possible.

### **When Guardianship May Not Be Appropriate**

Although guardianship can be an effective solution for many families, it is not appropriate in every situation.

Some cases may instead require:

- Allocation of parental responsibilities
- Juvenile court proceedings
- Child protection investigations
- Adoption
- Orders of protection
- Temporary emergency custody

An experienced family law attorney can evaluate the facts of your case and explain which legal options best fit your family’s circumstances.

### **The Importance Of Acting Before A Crisis Develops**

Unfortunately, many families wait until a serious emergency occurs before seeking legal guidance.

If a parent is actively struggling with opioid addiction, repeated overdoses, incarceration, homelessness, or other circumstances affecting a child’s safety, family members should not assume the situation will resolve on its own.

Obtaining legal advice early may help establish a plan that protects the child while preserving family relationships whenever possible.

Taking proactive legal steps may also reduce uncertainty regarding school enrollment, healthcare decisions, insurance coverage, and financial support for the child.

## **Frequently Asked Questions About Child Guardianship And Substance Abuse In Illinois**

### **Can Grandparents Obtain Guardianship Because A Parent Is Addicted To Opioids?**

Possibly. Opioid addiction alone does not automatically result in guardianship, but if a parent’s substance abuse prevents them from safely caring for their child, grandparents or other qualified individuals may petition the court for guardianship. The court will carefully evaluate whether guardianship serves the child’s best interests based on the specific facts of the case.

### **Does Guardianship Permanently Terminate A Parent’s Rights?**

No. Guardianship is generally different from adoption. In many cases, parents retain their parental rights while a guardian assumes responsibility for caring for the child. If circumstances improve, the parent may later ask the court to terminate the guardianship and restore full parental responsibilities.

### **What Authority Does A Guardian Have?**

A guardian may have legal authority to make decisions involving the child’s education, medical treatment, housing, daily care, and general welfare. The exact scope of the guardian’s authority depends upon the court’s order and the specific circumstances of the case.

### **Can A Parent Challenge A Guardianship Petition?**

Yes. Parents have the right to participate in guardianship proceedings and present evidence regarding their ability to care for their child. Illinois courts carefully consider all relevant evidence before determining whether guardianship is appropriate.

### **Is Guardianship Better Than Informal Family Care?**

In many situations, yes. While families often care for children informally during difficult times, guardianship provides legal authority that can simplify school enrollment, healthcare decisions, insurance matters, and other important issues involving the child’s daily life.

### **What Happens If A Parent Completes Drug Rehabilitation?**

Successful completion of treatment does not automatically end a guardianship. However, a parent who has demonstrated sustained recovery and the ability to safely care for the child may petition the court to terminate the guardianship. The court will determine whether returning the child to the parent’s care is in the child’s best interests.

### **Should I Seek Guardianship Or Another Type Of Family Law Order?**

The appropriate legal remedy depends on your family’s circumstances. Some situations are best addressed through guardianship proceedings, while others may require allocation of parental responsibilities, adoption, juvenile court proceedings, or emergency relief. An experienced Illinois family law attorney can evaluate your specific circumstances and recommend the most appropriate course of action.

## **Contact Our Chicago Child Guardianship Attorney**

When addiction or another serious life circumstance prevents a parent from providing safe and stable care, obtaining legal guardianship may provide children with the security and continuity they need. Whether you are a grandparent, aunt, uncle, sibling, or another concerned family member, understanding your legal options is the first step toward protecting a child’s future.

The experienced attorneys at Gordon & Perlut, LLC assist families throughout Chicago, Cook County, and the surrounding communities with guardianship proceedings, parental responsibilities, child custody disputes, grandparent rights, and other family law matters. We can help you understand Illinois guardianship laws and determine the legal solution that best protects the child while respecting the rights of everyone involved.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101) today to schedule a confidential consultation with an experienced Chicago guardianship attorney.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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### [Do Divorce Rates Increase When Women Are the Primary Earners?](https://familylawadvocate.com/do-divorce-rates-increase-when-women-are-the-primary-earners/)

**Published:** July 27, 2017
**Author:** familylawadvocate

**Content:**

As family dynamics and workplace opportunities continue to evolve, more women than ever are becoming the primary earners in their households. This shift has prompted researchers to examine whether differences in income between spouses affect marital satisfaction and, ultimately, the likelihood of divorce.

While some studies have found a correlation between women earning more than their husbands and an increased risk of marital instability, it is important to understand what those findings actually mean. Higher earnings do not cause divorce, nor does a successful career make a marriage less likely to succeed. Instead, researchers suggest that financial dynamics, changing gender roles, communication challenges, and relationship expectations may influence how couples navigate their marriages.

If you are considering divorce in Chicago, every relationship has its own unique circumstances. Financial issues, career changes, parenting responsibilities, and communication problems often intersect in complex ways. Understanding the research can provide useful context, but divorce decisions are always highly personal and depend on the specific facts of each marriage.

## **Research Suggests Income Differences May Affect Marital Stability**

Over the past several decades, numerous studies have examined the relationship between household income, career success, and divorce. Some research has suggested that marriages in which wives significantly out-earn their husbands may experience higher levels of marital conflict or instability than marriages where spouses have similar earnings or more traditional financial arrangements.

Researchers generally caution against interpreting these findings as evidence that a woman’s success causes divorce. Instead, they point to the possibility that changing financial roles may create stress for some couples, particularly when expectations about career responsibilities, household labor, parenting, or financial decision-making differ between spouses.

The key takeaway is that income disparities may influence relationship dynamics for some couples, but they are only one factor among many that can affect the health of a marriage.

### **Financial Success Does Not Cause Divorce**

One of the most common misconceptions surrounding this topic is that a successful career somehow makes divorce more likely. The available research does not support such a simplistic conclusion.

Healthy marriages exist across every income level and career path. Many couples thrive even when one spouse earns substantially more than the other.

More often, divorce results from a combination of issues that may include:

- Communication breakdowns
- Financial disagreements
- Parenting conflicts
- Infidelity
- Substance abuse
- Domestic violence
- Mental health concerns
- Differing long-term goals
- Loss of emotional connection

Income differences may amplify existing problems in some relationships, but they rarely represent the sole reason a marriage ends.

### **Changing Gender Roles Have Altered Family Finances**

The American workforce has changed dramatically over the past several decades. Women now occupy leadership positions across virtually every profession, including law, medicine, finance, engineering, technology, education, and business.

According to data from the [U.S. Bureau of Labor Statistics](https://www.bls.gov/opub/reports/womens-databook/2021/home.htm) and other federal agencies, women have steadily increased their participation in professional and management occupations while educational attainment among women has also continued to rise.

As a result, many modern households depend upon both spouses’ careers, and an increasing number of families rely primarily on the wife’s income.

These changes have created tremendous opportunities for families, but they have also required many couples to redefine traditional expectations regarding finances, household responsibilities, childcare, and career advancement.

### **Household Responsibilities May Not Always Change At The Same Pace**

One area researchers frequently examine involves the division of household responsibilities.

Even when both spouses work full-time—or when the wife earns substantially more than the husband—studies have often found that women continue performing a disproportionate share of household management and childcare responsibilities.

These responsibilities may include:

- Coordinating children’s schedules
- Managing school communications
- Preparing meals
- Grocery shopping
- Scheduling medical appointments
- Household budgeting
- Laundry and cleaning
- Caring for elderly family members

When one spouse carries both significant professional responsibilities and the majority of household obligations, stress can increase substantially.

Successful couples often address these challenges through open communication, flexible scheduling, shared responsibilities, and mutual support.

### **Financial Independence Can Change Divorce Decisions**

Another factor sometimes discussed by researchers is financial independence.

Historically, many individuals remained in unhappy or unhealthy marriages because they lacked the financial resources necessary to live independently. Greater earning power can provide more options for individuals experiencing serious marital problems.

This does not mean higher income causes divorce. Rather, financial independence may make it more feasible for someone to leave a marriage that has already become unsustainable due to other issues.

For example, a spouse experiencing chronic conflict, emotional abuse, financial control, or domestic violence may have greater ability to pursue divorce if they possess sufficient financial resources to support themselves and their children.

### **Every Marriage Has Its Own Financial Dynamic**

Every household develops its own financial structure.

Some families choose to combine all finances, while others maintain separate accounts. Some prioritize one spouse’s career during certain stages of the marriage, particularly while raising young children. Others alternate career opportunities depending on family needs.

There is no single financial arrangement that guarantees marital success.

Instead, healthy financial relationships typically involve:

- Honest communication
- Shared financial goals
- Mutual respect
- Transparency regarding spending
- Joint long-term planning
- Flexibility when circumstances change

When couples communicate effectively about finances, career expectations, and parenting responsibilities, they are often better positioned to adapt as their lives evolve.

## **Divorce Often Involves Complex Financial Issues**

When one spouse earns substantially more than the other, divorce may involve significant financial considerations beyond simply dividing bank accounts.

Issues that frequently arise include:

### **Property Division**

Illinois follows the principle of equitable distribution when dividing marital property. Rather than automatically dividing assets equally, courts seek a division that is fair after considering numerous statutory factors.

Marital assets may include:

- Retirement accounts
- Investment portfolios
- Business interests
- Real estate
- Stock options
- Deferred compensation
- Savings accounts
- Personal property

When one spouse has accumulated substantial earnings during the marriage, careful valuation of marital assets becomes especially important.

### **Spousal Maintenance**

Income disparities frequently become relevant when courts evaluate whether spousal maintenance (formerly known as alimony) should be awarded.

Illinois courts consider numerous factors, including:

- Length of the marriage
- Each spouse’s income
- Future earning capacity
- Contributions to the marriage
- Standard of living established during the marriage
- Age and health of each spouse

Maintenance is intended to help achieve a fair financial transition rather than punish either spouse.

### **Child Support**

When children are involved, Illinois calculates child support using the Income Shares Model, which considers both parents’ incomes and parenting time.

Higher earnings by either parent may affect support calculations, healthcare expenses, childcare costs, and contributions toward extracurricular activities and educational expenses.

Parents should focus on creating financial arrangements that promote stability for their children while complying with Illinois law.

## **Career Success And Divorce Are Not Gender Issues Alone**

Although many early studies focused specifically on women earning more than men, modern research increasingly recognizes that career pressures affect both spouses.

Long work hours, demanding travel schedules, professional stress, business ownership, executive responsibilities, and career relocations can place strain on any marriage regardless of which spouse earns more.

Likewise, job loss, career setbacks, or significant income reductions can also create financial and emotional stress for families.

Rather than focusing solely on which spouse earns more, many family law professionals encourage couples to recognize that successful marriages require ongoing communication, flexibility, and mutual respect as careers evolve over time.

## **Protecting Your Financial Interests During Divorce**

If your marriage is ending, understanding your financial rights is essential regardless of which spouse earned more during the marriage.

Important issues often include:

- Identifying marital assets
- Valuing retirement accounts
- Evaluating executive compensation
- Dividing investment portfolios
- Determining business ownership interests
- Calculating child support
- Addressing spousal maintenance
- Preparing a realistic post-divorce budget

Working with experienced legal counsel early in the process can help protect your financial interests while reducing uncertainty during negotiations.

## **Divorce Is About Your Individual Circumstances**

Research studies can provide insight into broad social trends, but they cannot predict the outcome of any particular marriage.

Every divorce is unique. Some marriages end primarily because of financial disagreements. Others involve parenting conflicts, communication breakdowns, infidelity, domestic violence, addiction, or simply years of growing apart.

Whether one spouse earned more than the other is only one aspect of a much larger picture.

If you are considering divorce, it is important to understand your legal rights and obligations under Illinois law rather than relying on generalized statistics or assumptions.

## **Contact Our Chicago Divorce Attorneys**

If you are considering divorce in Chicago, Cook County, or the surrounding communities, the experienced attorneys at Gordon & Perlut, LLC can help you understand how Illinois law applies to your unique financial circumstances. Whether your divorce involves significant income differences, complex property division, spousal maintenance, child support, or parenting issues, we are committed to protecting your interests and helping you pursue a fair resolution.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101) today to schedule a confidential consultation with an experienced Chicago divorce attorney and learn more about your legal options.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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**Categories:** Divorce

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### [Single Mothers Divorcing in Chicago](https://familylawadvocate.com/single-mothers-divorcing-in-chicago/)

**Published:** July 27, 2026
**Author:** familylawadvocate

**Content:**

## **Financial Challenges Facing Newly Single Mothers After Divorce In Chicago**

Divorce often brings significant financial changes for both spouses, but the impact can be especially challenging for mothers who have spent years prioritizing their families over their careers. While every divorce is unique, many women find themselves navigating a new financial reality that includes supporting a household on a single income, returning to the workforce after an extended absence, and managing the day-to-day expenses of raising children.

Fortunately, Illinois law recognizes that marriage often involves shared sacrifices. One spouse may postpone career advancement, education, or earning opportunities to care for children or support the other spouse’s professional success. During divorce, issues such as property division, spousal maintenance, child support, and parenting responsibilities are intended to help ensure that both parties can move forward as fairly as possible.

If you are a mother considering divorce in Chicago or anywhere in [Cook County](https://www.cookcountyil.gov/), understanding the financial issues you may face can help you make informed decisions and better prepare for the next chapter of your life.

### **Divorce Can Create Significant Financial Changes**

Most married couples benefit from combining incomes and sharing the cost of housing, utilities, insurance, childcare, transportation, and everyday household expenses. After divorce, those same expenses often must be paid from two separate households.

Even when both spouses are employed, maintaining two households is generally more expensive than maintaining one. For mothers who have worked part-time, left the workforce entirely, or significantly reduced their careers to care for children, the transition can be particularly difficult.

Financial concerns commonly include:

- Finding affordable housing
- Creating a realistic post-divorce budget
- Obtaining health insurance
- Paying for childcare
- Rebuilding retirement savings
- Returning to full-time employment
- Managing debt
- Saving for children’s future educational expenses

Planning ahead before filing for divorce can often reduce uncertainty and make these financial transitions more manageable.

### **Returning To The Workforce After Raising Children**

One of the most significant challenges many newly divorced mothers face is reentering the workforce after spending years as a stay-at-home parent or working only part-time.

Although raising children requires organization, communication, budgeting, scheduling, problem-solving, and countless other valuable skills, employers often focus on recent professional experience when evaluating job candidates.

Technology, licensing requirements, software, and industry standards may have changed considerably during a lengthy career break. Positions that once required only a bachelor’s degree may now expect additional certifications or years of recent experience.

For example, imagine a marketing professional who left her career to raise children shortly after getting married. Fifteen years later, she decides to file for divorce. During those years, digital marketing, artificial intelligence, social media advertising, search engine optimization, and analytics platforms transformed the profession.

Although she possesses valuable education and prior experience, rebuilding her career may require additional training, networking, certifications, or accepting an entry-level position before advancing again.

Similar challenges affect professionals in accounting, healthcare, finance, education, information technology, law, engineering, and many other industries.

### **Childcare Costs Can Limit Career Opportunities**

Returning to work often involves another significant expense: childcare.

For many newly divorced mothers, childcare costs become one of the largest monthly expenses after housing. Depending on a child’s age and needs, parents may need to budget for:

- Daycare
- Preschool
- Before-school care
- After-school programs
- Summer camps
- School breaks
- Babysitters
- Emergency childcare

These expenses can significantly affect employment decisions. Some parents may delay returning to full-time work until children are older, while others may seek flexible or remote employment that allows them to reduce childcare costs.

When developing a parenting plan, it is important to consider how each parent’s work schedule affects childcare responsibilities and whether flexibility can reduce expenses for everyone involved.

### **Parenting Responsibilities Continue After Divorce**

Illinois no longer uses the traditional terms “custody” and “visitation.” Instead, courts allocate parental responsibilities and parenting time based on the child’s best interests.

Even when parenting time is shared relatively equally, mothers often continue handling many of the daily responsibilities associated with raising children, including:

- School transportation
- Medical appointments
- Homework supervision
- Extracurricular activities
- Meal preparation
- Clothing purchases
- Communication with teachers
- Scheduling childcare

These responsibilities may affect work schedules and earning opportunities, particularly when children are young or have special educational or medical needs.

Developing a practical parenting plan that reflects each parent’s availability can help reduce conflict while promoting greater financial and emotional stability.

### **Child Support Can Help Meet Children’s Needs**

Illinois uses an Income Shares Model to calculate child support. Rather than placing the entire financial responsibility on one parent, the law attempts to allocate support based upon both parents’ incomes and the amount of parenting time exercised by each parent.

Child support is intended to help provide for children’s basic needs, including housing, food, clothing, education, healthcare, and other ordinary expenses.

However, child support alone rarely replaces the financial advantages of maintaining a two-income household. Many newly divorced mothers continue working while also managing the majority of their children’s daily needs.

Understanding how child support is calculated—and ensuring that income is accurately reported—can have a significant impact on your family’s financial future.

You may also find our article on <a href=”/child-support-collections-from-prison/”>Child Support Collections From Prison</a> helpful if your former spouse experiences incarceration or a significant change in income after your divorce.

### **Spousal Maintenance May Provide Temporary Financial Stability**

When one spouse has substantially greater earning capacity than the other, Illinois courts may award spousal maintenance, commonly referred to as alimony.

Maintenance is not awarded in every divorce. Courts evaluate numerous factors, including:

- Length of the marriage
- Each spouse’s income
- Present and future earning capacity
- Contributions to the marriage
- Standard of living during the marriage
- Age and health of each spouse
- Time necessary for education or job training

For mothers who left promising careers to raise children, maintenance may provide valuable financial assistance while they complete education, obtain professional certifications, or rebuild their careers.

Although maintenance can help ease the transition, it should generally be viewed as one component of a broader financial plan rather than a permanent source of income.

### **Retirement Planning Often Changes After Divorce**

Many women postpone focusing on retirement while raising children, assuming that retirement savings will continue growing through their spouse’s employment.

Divorce frequently requires a complete reassessment of long-term retirement planning.

Marital retirement assets—including many pensions, 401(k) plans, and other retirement accounts—may be divided during divorce under Illinois’ equitable distribution laws. Depending on the type of account involved, special court orders such as Qualified Domestic Relations Orders (QDROs) may be required to divide retirement benefits properly.

Following divorce, it may become necessary to:

- Increase retirement savings
- Delay retirement
- Modify investment strategies
- Adjust future financial goals

Reviewing retirement planning early in the divorce process helps avoid unpleasant surprises later.

### **Building Financial Independence After Divorce**

Although divorce often creates short-term financial challenges, many women successfully establish long-term financial independence with careful planning.

Some practical steps include:

- Creating a realistic monthly budget
- Building an emergency savings fund
- Monitoring your credit score
- Paying down high-interest debt
- Updating estate planning documents
- Revising beneficiary designations
- Meeting with financial professionals
- Continuing professional education
- Expanding your professional network

Small financial improvements made consistently over time can significantly strengthen long-term financial security.

### **Why Early Legal Guidance Matters**

Every divorce presents different financial issues. Some involve substantial investment portfolios, closely held businesses, executive compensation packages, or complex property valuations. Others focus primarily on child support, parenting schedules, retirement accounts, and helping one spouse regain financial independence.

Obtaining experienced legal advice early allows you to understand your rights before important financial decisions are made. It also helps identify opportunities to negotiate fair settlements while avoiding mistakes that could have lasting financial consequences.

Whether your divorce involves significant marital assets or more modest financial circumstances, thoughtful planning can help protect your future and provide greater stability for both you and your children.

## **Contact Our Chicago Divorce Attorney**

If you are considering divorce or have already begun the divorce process, understanding the financial implications is one of the most important steps you can take. The attorneys at Gordon & Perlut, LLC help clients throughout Chicago, Cook County, and the surrounding communities address the financial issues that often accompany divorce, including property division, spousal maintenance, child support, retirement asset division, and parenting-related financial concerns.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101) today to schedule a confidential consultation with an experienced Chicago divorce attorney and learn how we can help you protect your financial future while pursuing the best possible outcome for you and your family.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Single Mothers Divorce Chicago

**Tags:** Divorce Chicago, Single Mothers Divorcing in Chicago, Women Divorce Chicago

---

### [Learning More About Spousal Maintenance Modifications](https://familylawadvocate.com/learning-more-about-spousal-maintenance-modifications/)

**Published:** July 27, 2016
**Author:** familylawadvocate

**Content:**

A spousal maintenance award, formerly known as alimony, is often one of the most significant financial issues in an Illinois divorce. While some maintenance awards last only a few years, others may continue for much longer depending on the length of the marriage and the financial circumstances of the parties.

Because life rarely remains the same after a divorce, Illinois law recognizes that maintenance orders sometimes need to be modified. A job loss, a substantial increase in income, retirement, disability, or other major life changes may make the original maintenance order unfair or no longer appropriate.

However, not every maintenance award can be modified, and not every financial change justifies changing an existing order. Understanding when Illinois courts will review a maintenance award can help both the paying spouse and the receiving spouse protect their rights.

## **Are All Spousal Maintenance Awards Modifiable?**

Not necessarily.

Most maintenance awards entered by an Illinois court are subject to modification if one party can demonstrate that a substantial change in circumstances has occurred since the original order was entered.

However, divorcing spouses may agree that maintenance will be non-modifiable. When properly included in a Marital Settlement Agreement and approved by the court, that agreement generally prevents either spouse from later asking the court to increase, decrease, or terminate maintenance based on changed circumstances. (750 ILCS 5/502)

Because non-modifiable maintenance can have significant long-term financial consequences, spouses should carefully evaluate any proposed agreement before signing it.

## **What Is a Substantial Change in Circumstances?**

For maintenance awards that remain modifiable, the party requesting a change must generally prove that a substantial change in circumstances has occurred.

Illinois law does not provide a single definition that applies to every case. Instead, courts evaluate the specific facts and determine whether the changes are significant enough to justify modifying the existing order.

Some of the most common reasons for seeking modification include:

- A substantial increase or decrease in either party’s income
- Job loss or involuntary unemployment
- Disability or serious illness
- Retirement
- Significant changes in earning capacity
- Changes in financial resources
- Major changes in living expenses

The court will examine the totality of the circumstances rather than relying on any single factor.

## **What Happens If the Paying Spouse Loses a Job?**

One of the most common reasons for requesting a maintenance modification is the loss of employment.

A legitimate job loss may justify reducing or temporarily modifying maintenance, particularly if the paying spouse experiences a substantial reduction in income despite making reasonable efforts to find comparable employment.

However, losing a job does not automatically eliminate the obligation to pay maintenance.

Until the court modifies the existing order, the paying spouse generally remains responsible for making the required payments. Falling behind before obtaining a modification can result in substantial arrearages and enforcement proceedings.

For that reason, anyone experiencing a significant loss of income should consult an attorney and seek court relief as soon as possible rather than simply stopping payments.

## **Can an Increase in Income Result in Modification?**

Yes. A substantial increase in either spouse’s income may support a request to modify maintenance.

For example, the receiving spouse may become financially self-sufficient after obtaining higher-paying employment, completing additional education, or advancing professionally. Conversely, the paying spouse may experience a significant increase in income that changes the financial circumstances considered when the original maintenance award was entered.

The court will evaluate whether the income change is substantial enough to justify modifying the existing order.

## **The Court Also Considers the Recipient’s Efforts Toward Self-Sufficiency**

Illinois maintenance is often intended to help a spouse become financially independent when appropriate.

When reviewing a request for modification, the court may consider whether the receiving spouse has made reasonable efforts to become self-supporting through employment, education, vocational training, or other opportunities.

The appropriate level of self-sufficiency depends on the facts of each case, including the spouse’s age, health, education, work history, and responsibilities during the marriage.

## **Retirement May Affect Maintenance**

Retirement can also provide grounds for modifying or terminating maintenance.

Illinois courts consider whether the retirement is made in good faith and whether it is reasonable under the circumstances. Factors such as the person’s age, health, occupation, financial resources, and retirement plans may all be relevant.

A voluntary retirement undertaken simply to avoid paying maintenance may be viewed differently than a retirement that occurs at a customary retirement age after a lengthy career.

## **Can Maintenance End Automatically?**

In some situations, yes.

Unless the parties agree otherwise, Illinois law generally provides that maintenance terminates upon:

- The death of either party
- The remarriage of the receiving spouse
- The receiving spouse’s cohabitation with another person on a resident, continuing, and conjugal basis

Maintenance may also terminate according to the terms of the divorce judgment or the parties’ settlement agreement.

If there is a dispute over whether maintenance should terminate, the issue may require court review.

## **Can the Parties Agree to Future Changes?**

Yes.

Illinois law gives divorcing spouses considerable flexibility when negotiating maintenance agreements.

For example, spouses may agree that:

- Maintenance will automatically terminate on a specific date.
- Maintenance will change after a particular event occurs.
- Maintenance will be reviewed after a specified period.
- Maintenance will remain non-modifiable.

These agreements can provide certainty and reduce future litigation, provided they are properly drafted and approved by the court.

## **Factors the Court May Consider**

When deciding whether to modify maintenance, the court may evaluate numerous circumstances, including:

- Changes in each party’s income
- Changes in employment status
- Current financial resources
- Earning capacity
- Property acquired after the divorce
- The receiving spouse’s efforts toward financial independence
- Health issues affecting employment
- Any other factor the court finds relevant and equitable

No single factor automatically determines whether a modification will be granted. The court evaluates the evidence presented by both parties before deciding whether the existing order should remain in effect.

## **Do Not Wait to Request a Modification**

One of the most common mistakes people make is assuming that a financial setback automatically changes their maintenance obligation.

It does not.

Only a court can modify an existing maintenance order unless the parties reach a legally enforceable agreement approved by the court. Waiting too long to seek relief can allow unpaid maintenance to accumulate, creating significant financial difficulties that may have been avoided through a timely modification request.

Whether you are seeking to increase, reduce, or terminate maintenance, acting promptly is often critical.

## **Frequently Asked Questions About Spousal Maintenance**

### **Can I Stop Paying Maintenance If I Lose My Job?**

No. A job loss does not automatically change your court order. You should seek a modification as soon as possible if your financial circumstances have substantially changed.

### **Can My Former Spouse Ask for More Maintenance?**

Yes. If maintenance remains modifiable and there has been a substantial change in circumstances, either party may request a modification.

### **Does Remarriage Always End Maintenance?**

In most cases, the remarriage of the receiving spouse terminates maintenance unless the parties have agreed otherwise in a valid settlement agreement.

### **Can We Agree That Maintenance Will Never Be Modified?**

Yes. Illinois law permits spouses to enter into a non-modifiable maintenance agreement if both parties agree and the court approves the settlement.

## **Contact Our Chicago Spousal Maintenance Attorney**

Whether you are paying or receiving maintenance, a significant change in financial circumstances may justify reviewing your existing court order. Understanding your rights before taking action can help you avoid costly mistakes and protect your financial future.

At Gordon & Perlut, LLC, we represent clients throughout Chicago, Skokie, Cook County, and the surrounding communities in matters involving spousal maintenance, divorce, post-decree modifications, and other family law issues. We can evaluate your circumstances, explain your legal options, and help you pursue a fair resolution under Illinois law.

If you have questions about modifying a spousal maintenance order,[ Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)  at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at 312-360-0250 or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  847-329-0101  today to schedule a confidential consultation.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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**Categories:** Spousal Maintenance

---

### [How Are Holiday Parenting Time Schedules Determined in the Chicago area?](https://familylawadvocate.com/how-are-holiday-parenting-time-schedules-determined-in-the-chicago-area/)

**Published:** July 26, 2026
**Author:** familylawadvocate

**Content:**

For many parents, the most emotional part of a divorce is not dividing property or resolving financial issues—it is determining how holidays will be shared with their children. Thanksgiving, Christmas, Hanukkah, birthdays, Mother’s Day, Father’s Day, and other special occasions are often deeply rooted in family traditions, making it difficult for parents to imagine spending those days apart from their children.

Fortunately, Illinois law encourages parents to create parenting plans that address holiday parenting time well in advance. A thoughtful holiday schedule can reduce conflict, provide consistency for children, and help parents avoid last-minute disagreements during some of the busiest times of the year.

Whether parents negotiate their own parenting plan or ask the court to resolve disputed issues, holiday parenting schedules should be designed around one guiding principle: the best interests of the child.

## **Holiday Parenting Time Is Usually Separate From the Regular Parenting Schedule**

Many parents assume that their normal weekly parenting schedule will continue throughout the year. In reality, most Illinois parenting plans include a separate holiday schedule that takes priority over the regular parenting schedule whenever the two conflict.

For example, if one parent is scheduled to have parenting time every other weekend, but the other parent is entitled to Thanksgiving under the holiday schedule, the Thanksgiving schedule controls.

This approach allows families to maintain a predictable routine throughout the year while ensuring that major holidays are shared fairly.

## **Illinois Encourages Parents to Create Their Own Parenting Plan**

Under the Illinois Marriage and Dissolution of Marriage Act,[ parents are encouraged to work together to develop a Parenting Plan](https://witnessslips.ilga.gov/legislation/ILCS/details?ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=8675000&SeqEnd=12200000&Print=True) that addresses both parenting time and the allocation of parental responsibilities. If the agreement serves the child’s best interests, the court will generally approve it and incorporate it into the final judgment.

A comprehensive parenting plan should address far more than the regular weekly schedule. It should also include provisions for:

- Major holidays
- School breaks
- Summer vacation
- Mother’s Day and Father’s Day
- Children’s birthdays
- Parents’ birthdays
- Religious holidays
- Winter break
- Spring break
- Travel arrangements
- Exchange locations and times

Addressing these issues early often prevents misunderstandings and reduces the likelihood of future disputes.

## **What Happens If Parents Cannot Agree?**

If parents cannot reach an agreement regarding holiday parenting time, the court will establish a schedule based on the child’s best interests.

Illinois courts consider numerous factors when allocating parenting time, including:

- The child’s needs
- Each parent’s relationship with the child
- The parents’ ability to cooperate
- The child’s adjustment to home, school, and community
- Each parent’s work schedule
- The distance between the parents’ homes
- The child’s extracurricular activities
- Any history of domestic violence or abuse

The court’s goal is to create a parenting schedule that promotes stability while allowing the child to maintain meaningful relationships with both parents whenever appropriate.

## **Common Holiday Parenting Schedules**

There is no single holiday schedule that works for every family. Instead, parenting plans are typically customized to meet each family’s circumstances.

One of the most common approaches is alternating holidays each year.

For example:

- Thanksgiving: Parent A in even-numbered years and Parent B in odd-numbered years
- Christmas Eve: Parent A in odd years and Parent B in even years
- Christmas Day: Parent B in odd years and Parent A in even years
- New Year’s Eve and New Year’s Day: Alternated annually
- Easter: Alternated annually
- Independence Day: Alternated annually
- Halloween: Alternated annually

Alternating holidays allows both parents to spend important occasions with their children over time while maintaining a predictable schedule.

## **Some Holidays Are Divided Instead of Alternated**

Not every family chooses to alternate every holiday.

Some parents prefer to split certain holidays each year. For example:

- One parent has Christmas Eve every year while the other has Christmas Day.
- One parent celebrates Hanukkah while the other celebrates Christmas.
- Thanksgiving is divided between lunch and dinner.
- One parent has the child on Christmas morning while the other has parenting time later that afternoon.

These arrangements often work well when parents live relatively close to one another and communicate effectively.

## **Mother’s Day, Father’s Day, and Birthdays**

Many parenting plans include special provisions for family-centered holidays.

It is common for:

- Mother’s Day to be spent with the child’s mother every year.
- Father’s Day to be spent with the child’s father every year.

Children’s birthdays can be handled in several different ways. Some parents alternate the birthday each year, while others agree to celebrate together if they maintain a cooperative co-parenting relationship. Others divide the day so both parents can spend time with the child.

Parents may also include provisions for each parent’s birthday if they wish.

## **Religious Holidays**

Families who observe religious holidays should specifically address them in their parenting plan.

For example, parents may alternate:

- Christmas
- Easter
- Hanukkah
- Passover
- Ramadan
- Eid al-Fitr
- Eid al-Adha

In some families, each parent consistently celebrates the religious holidays associated with that parent’s faith tradition. The flexibility of mediation and negotiated parenting plans allows parents to create schedules that reflect their family’s beliefs and customs.

## **School Breaks and Summer Vacation**

Holiday schedules frequently extend beyond individual holidays.

Many parenting plans also address:

- Winter break
- Spring break
- Thanksgiving break
- Summer vacation
- Three-day holiday weekends such as Memorial Day and Labor Day

For three-day weekends, many parents agree that the parent who has the regular parenting weekend will also have the Monday holiday. Others choose to alternate those weekends each year.

Summer schedules often include extended vacation periods that allow each parent to travel with the children while providing advance notice of travel plans.

## **Can Parents Change the Holiday Schedule?**

Yes. Parents are generally free to make temporary changes by mutual agreement.

For example, a parent may agree to switch Thanksgiving weekends because of work obligations, family travel, or a special event. These temporary agreements can provide flexibility without permanently changing the parenting plan.

Whenever possible, schedule changes should be confirmed in writing through email or text message to avoid misunderstandings later.

If parents repeatedly need different arrangements, it may be appropriate to formally modify the parenting plan through the court.

## **Planning Ahead Reduces Conflict**

Holiday disagreements often arise because parents wait until the last minute to discuss travel or family gatherings.

Parents can avoid many disputes by planning well in advance and discussing:

- Vacation dates
- Airline reservations
- Exchange times
- Family celebrations
- School schedules
- Children’s extracurricular activities
- Passport or travel documentation for out-of-state or international travel

Early communication gives both parents an opportunity to coordinate plans while minimizing stress for the children.

## **Keeping the Focus on the Children**

Children often experience additional emotions during the holidays after their parents separate. Maintaining predictable schedules and minimizing parental conflict can help children adjust more successfully.

Parents who place their children’s needs ahead of ongoing disagreements are often able to create traditions that allow the children to enjoy meaningful time with both sides of their family.

While no schedule is perfect, flexibility, communication, and careful planning can make holidays far less stressful for everyone involved.

## **Frequently Asked Questions About Holiday Parenting Schedules**

### **Does the Holiday Schedule Override the Regular Parenting Schedule?**

Yes. In most Illinois parenting plans, the holiday schedule takes priority whenever it conflicts with the regular weekly parenting schedule.

### **Can We Create Our Own Holiday Schedule?**

Absolutely. Illinois encourages parents to negotiate parenting plans that meet their family’s unique needs. If the agreement serves the child’s best interests, the court will generally approve it.

### **What If One Parent Wants to Travel During the Holidays?**

Travel is often permitted if it complies with the parenting plan and any applicable court orders. Parents should provide advance notice whenever required and discuss travel plans as early as possible.

### **Can Holiday Parenting Time Be Modified Later?**

Yes. Parents may agree to temporary schedule changes, and substantial or long-term modifications can often be approved through the court when appropriate.

## **Contact Our Chicago Area Parenting Time Attorney**

Developing a fair holiday parenting schedule requires careful planning and a focus on your child’s best interests. Whether you are negotiating a Parenting Plan during your divorce or seeking to modify an existing holiday schedule, experienced legal guidance can help you protect your parental rights while creating a workable arrangement for your family.

At Gordon & Perlut, LLC, we assist parents throughout Chicago, Skokie, Des Plaines, Cook County, and the surrounding communities with parenting plans, allocation of parental responsibilities, parenting time disputes, modifications, and other family law matters.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101) to schedule a consultation with an experienced Chicago parenting time attorney and learn how we can help you develop a parenting plan that works for your family.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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**Categories:** Parenting Time

---

### [What is the Income Shares Child Support Model in Illinois?](https://familylawadvocate.com/what-is-the-income-shares-child-support-model-in-illinois/)

**Published:** July 24, 2026
**Author:** familylawadvocate

**Content:**

Parents who are divorcing, separating, or establishing parentage frequently have questions about how much child support will be ordered. Illinois does not calculate support solely from the paying parent’s income. Instead, courts use an income shares model that considers the financial resources of both parents, the number of children covered by the order, and the amount of parenting time exercised in certain cases.

The basic idea is that children should receive approximately the same proportion of their parents’ combined income that would have been available if the parents lived together. Rather than assigning the entire support obligation to one parent without considering the other parent’s income, the model estimates the total amount both parents would ordinarily spend on their children and then allocates that obligation between them.

Illinois child support calculations can still become complicated, particularly when a parent owns a business, receives bonuses or commissions, is voluntarily unemployed, supports children from another relationship, or exercises a substantial number of annual overnights. Understanding the basic calculation can help parents prepare for a divorce, parentage case, or child support modification.

## **Why Illinois Uses the Income Shares Model**

Illinois previously relied more heavily on a percentage of the paying parent’s income. Under the current[ income shares system](https://hfs.illinois.gov/childsupport/parents/incomeshares.html), both parents’ net incomes are included in the analysis.

The model recognizes that both parents have an ongoing duty to support their children. In a household where the parents live together, their incomes are generally combined to pay for housing, food, clothing, transportation, school expenses, healthcare, and other costs. When the parents live separately, the children should continue to benefit from both parents’ financial resources.

Illinois uses a Schedule of Basic Child Support Obligations to estimate the amount that parents with a particular combined net income would spend on their children. The schedule provides different amounts depending on whether the order covers one, two, three, four, five, or six children.

The Illinois Department of Healthcare and Family Services updates both the schedule and the gross-to-net income conversion table. The current tables became effective March 20, 2026, and Illinois now updates these materials annually to reflect changing economic conditions.

## **How Illinois Calculates Child Support**

Although every case has its own facts, an income shares calculation generally involves several steps.

### **Step One: Determine Each Parent’s Gross Income**

The court begins by identifying each parent’s gross income.

Gross income is broadly defined and may include income from sources such as:

- Salaries and hourly wages
- Bonuses
- Commissions
- Overtime
- Self-employment income
- Business income
- Rental income
- Investment income
- Pension and retirement benefits
- Unemployment benefits
- Workers’ compensation benefits
- Certain disability benefits
- Recurring distributions from trusts or other financial accounts

The court is not limited to the amount shown on a parent’s most recent paycheck. It may review tax returns, pay records, bank statements, business documents, and other financial evidence to determine the parent’s actual income.

Certain payments or benefits may be excluded from gross income under Illinois law. Because the treatment of income can depend on its source, parents should not assume that every payment they receive will be included or excluded.

### **Step Two: Convert Gross Income to Net Income**

Illinois child support is based primarily on net income rather than gross income.

Parents may use one of two methods to determine net income:

1. The standardized tax method
2. The individualized tax method

Under the standardized method, the court applies the official Illinois gross-to-net income conversion table. The table estimates federal and state taxes and other standardized deductions based on gross income.

Under the individualized method, actual tax obligations and authorized deductions may be used when reliable documentation is available. This approach may be relevant when a parent’s tax circumstances differ substantially from the standardized assumptions.

Net income may also be adjusted for certain prior support obligations or legally recognized deductions. The court must determine which method and deductions are appropriate under the circumstances.

### **Step Three: Combine the Parents’ Net Incomes**

Once the court determines each parent’s adjusted net income, those amounts are added together.

For example, assume one parent has a monthly adjusted net income of $6,000 and the other has a monthly adjusted net income of $4,000. Their combined monthly net income would be $10,000.

The first parent earns 60% of the combined net income, while the second earns 40%.

Those percentages are important because they are used to divide the basic child support obligation between the parents.

### **Step Four: Determine the Basic Child Support Obligation**

The court then locates the parents’ combined adjusted net income on the Illinois Schedule of Basic Child Support Obligations.

The schedule identifies an estimated monthly support amount based on:

- The parents’ combined net income
- The number of children covered by the order

Suppose the schedule shows that parents with a combined monthly net income of $10,000 have a basic support obligation of $2,100 for two children. That $2,100 represents the combined estimated obligation of both parents—not necessarily the amount one parent must pay to the other.

The Illinois schedule is based on economic data concerning the typical costs of raising children in families with comparable income.

### **Step Five: Allocate the Obligation Between the Parents**

Each parent is assigned a percentage of the basic obligation corresponding to that parent’s percentage of the combined net income.

Using the example above:

- Parent One earns 60% of the combined net income.
- Parent Two earns 40%.
- The basic child support obligation is $2,100.

Parent One’s share would be $1,260, and Parent Two’s share would be $840.

In a traditional parenting arrangement, the parent receiving support is presumed to spend that parent’s share directly on the children. The other parent generally pays the allocated amount through the child support order.

The calculation may change when the parents have a shared-care parenting arrangement.

## **How Parenting Time Affects Child Support**

Parenting time does not always change the basic support calculation. A special shared-care formula applies when each parent has at least 146 overnights with the child during the year.

The 146-overnight threshold represents 40% of the annual overnights.

When shared care applies, Illinois multiplies the basic child support obligation by 1.5. This adjustment recognizes that both parents maintain homes and incur duplicated expenses for the children, including housing, food, utilities, clothing, and transportation.

The court then:

1. Calculates each parent’s percentage share of the increased obligation.
2. Multiplies that share by the percentage of overnights exercised by the other parent.
3. Offsets the resulting amounts.
4. Orders the parent with the greater calculated obligation to pay the difference.

Illinois law specifically provides that the 1.5 multiplier and shared-care formula apply when each parent has 146 or more annual overnights.

Shared parenting does not automatically eliminate child support. Even when parents divide overnights equally, one parent may still pay support if there is a meaningful income difference.

## **What Happens When There Are Multiple Children on Different Schedules?**

Some families have what Illinois law describes as a split-care arrangement. This can occur when each parent has the majority of parenting time with at least one child.

For example, one child may primarily live with Parent One while another primarily lives with Parent Two. In that situation, the court may calculate each parent’s obligation for the child or children primarily residing with the other parent and offset the two obligations.

These calculations can become more complex when shared care and split care overlap or when children follow substantially different schedules.

## **Expenses Added to Basic Child Support**

The basic obligation does not necessarily cover every expense associated with raising a child.

Illinois courts may allocate additional expenses between the parents, often in proportion to their respective net incomes. These expenses may include:

### **Health Insurance**

The court may require one or both parents to provide health insurance for the child when coverage is available at a reasonable cost. The portion of the insurance premium attributable to the child may be included in the calculation.

### **Uncovered Medical Expenses**

Parents may be required to share deductibles, copayments, dental care, orthodontic treatment, therapy, prescriptions, vision care, and other reasonable healthcare expenses not paid by insurance.

### **Childcare Expenses**

Work-related childcare expenses may be added to the support calculation. These can include daycare, before-school care, after-school care, babysitting, or summer care required because a parent is working or pursuing qualifying education.

### **School and Extracurricular Expenses**

The court may order parents to contribute to reasonable school expenses and extracurricular activities intended to support the child’s educational, athletic, social, or cultural development.

These expenses are not always divided equally. The allocation may depend on income, the nature of the expense, the child’s needs, and the terms of the parenting plan.

## **What If a Parent Is Unemployed or Underemployed?**

A parent cannot always reduce a child support obligation simply by choosing not to work or by accepting substantially lower-paying employment.

When the court finds that a parent is voluntarily unemployed or underemployed, it may impute income. This means the court assigns an income amount based on evidence such as:

- Prior earnings
- Employment history
- Education
- Occupational qualifications
- Job skills
- Available employment opportunities
- Age and health
- Local wage information
- Assets and financial resources

Income should not be imputed automatically. The court must consider the reasons for the employment situation and the available evidence.

Incarceration is not treated as voluntary unemployment under current Illinois law. A parent who has no gross income and cannot work because of incarceration may also qualify for a rebuttable presumption of a zero-dollar order.

## **How Self-Employment Affects the Calculation**

Self-employment income often requires closer review because a business owner may control how income and expenses are reported.

The court may examine:

- Business tax returns
- Profit-and-loss statements
- Bank deposits
- Personal expenses paid by the business
- Depreciation
- Vehicle expenses
- Travel and entertainment expenses
- Retained earnings
- Cash transactions
- Payments to relatives
- Business perks

A deduction that is legitimate for tax purposes is not automatically an allowable deduction when calculating child support. The court may add back expenses that reduce taxable income but provide a personal benefit or are unnecessary for producing income.

Forensic accounting or business valuation assistance may be appropriate in cases involving closely held businesses or disputed self-employment income.

## **Can a Court Deviate From the Guidelines?**

Yes. The income shares amount is the presumptive guideline obligation, but a court may deviate when applying the guidelines would be inappropriate, unjust, or contrary to the child’s best interests.

Relevant circumstances may include:

- The child’s financial resources and needs
- The parents’ financial resources and needs
- The standard of living the child would have enjoyed if the parents remained together
- The child’s physical, emotional, and educational needs
- Extraordinary medical or developmental expenses
- Significant transportation costs
- Other relevant family circumstances

When a court deviates, it generally must explain the guideline amount, the amount actually ordered, and the reasons for the deviation.

A parent seeking a deviation should present detailed financial evidence rather than simply arguing that the guideline amount feels unfair.

## **Is the Illinois Child Support Estimator Accurate?**

The Illinois Department of Healthcare and Family Services provides an online Child Support Estimator. The estimator uses the information entered by the user to generate an estimated guideline amount.

The estimator can be helpful for preliminary planning, but it is not a substitute for a court order or individualized legal analysis. Its result depends on the accuracy of the income, deductions, parenting time, insurance, and expense information entered.

The estimator may not fully address disputed self-employment income, imputed income, unusual tax circumstances, deviations, fluctuating compensation, or complex parenting arrangements.

## **Can an Existing Child Support Order Be Modified?**

A child support order may be modified when the statutory requirements are satisfied.

Common reasons for requesting modification include:

- A substantial increase or decrease in income
- Job loss
- A major change in parenting time
- A change in childcare expenses
- A change in health insurance costs
- Disability
- Incarceration
- A substantial change in the child’s needs

An income change does not automatically modify the order. The existing amount generally remains enforceable until a court or authorized administrative process changes it.

Because retroactive modification is limited, a parent experiencing a substantial change should act promptly.

## **Frequently Asked Questions About the Income Shares Model**

### **Does the Higher-Earning Parent Always Pay Child Support?**

Not always, but the higher-earning parent frequently has the larger allocated obligation. Parenting time, add-on expenses, prior support obligations, and other factors may affect the final amount.

### **Does Equal Parenting Time Eliminate Support?**

No. Equal parenting time does not automatically eliminate support. The shared-care formula considers both income and overnights, so a parent with substantially greater income may still owe support.

### **Is a New Spouse’s Income Included?**

A new spouse generally does not have a legal duty to support the child and that spouse’s income is not simply added to the parent’s income. However, the household’s financial circumstances may become relevant in limited situations involving deviations or claims about actual expenses.

### **Are Bonuses and Overtime Included?**

They may be. Recurring bonuses, commissions, overtime, and other variable compensation can be included in gross income. The court may average fluctuating income or establish a percentage-based obligation for additional compensation.

### **Does Child Support Cover College Expenses?**

The regular child support calculation generally addresses minor children. Illinois courts may separately order contributions toward educational expenses for a non-minor child under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.

## **Contact Our Chicago Child Support Attorney**

Although Illinois uses a standardized income shares model, the final calculation depends on accurate income information, authorized deductions, the parenting schedule, health insurance, childcare costs, and the child’s specific needs.

Disputes over self-employment income, bonuses, hidden compensation, voluntary unemployment, or shared parenting can significantly affect the result. An incorrect calculation may create financial consequences that continue for years.

Gordon & Perlut, LLC represents parents throughout Chicago, Skokie, Cook County, and surrounding Illinois communities in child support establishment, modification, enforcement, parentage, and divorce proceedings.

[Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)  at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at 312-360-0250 or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  847-329-0101 to speak with an experienced Chicago child support lawyer about how the Illinois income shares model may apply to your family.

*This article provides general information about Illinois law and does not constitute legal advice for any individual matter.*

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**Categories:** Child Support Lawyer

**Tags:** child support

---

### [How To Keep Divorce Costs Down In Illinois](https://familylawadvocate.com/how-to-keep-divorce-costs-down-in-illinois/)

**Published:** July 24, 2026
**Author:** familylawadvocate

**Content:**

For many people, one of the biggest concerns about ending a marriage is the cost of the divorce itself. Between attorneys’ fees, court costs, appraisals, financial experts, and the time required to resolve disputes, divorce can become expensive—especially when spouses disagree about important issues.

The good news is that not every divorce results in significant legal expenses. Many Illinois couples are able to keep costs under control by staying organized, communicating effectively, and resolving issues outside of the courtroom whenever possible.

While every case is different, understanding what drives divorce expenses can help you make informed decisions throughout the process. Whether your divorce is straightforward or involves more complex financial or parenting issues, there are practical steps you can take to reduce unnecessary costs without sacrificing your legal rights.

## **What Determines The Cost Of A Divorce In Illinois?**

There is no fixed price for an Illinois divorce. The total cost depends on many factors, including:

- Whether the divorce is contested or uncontested
- The amount of marital property involved
- Whether children are involved
- Disputes over parental responsibilities and parenting time
- Requests for spousal maintenance
- Business ownership or complex investments
- The need for expert witnesses or property valuations
- The willingness of both spouses to negotiate

An uncontested divorce in which both spouses agree on all major issues is generally much less expensive than a highly contested case requiring multiple court appearances and extensive discovery.

Rather than focusing on an average cost, it is more helpful to understand which decisions tend to increase or decrease legal expenses.

## **Illinois Is A No-Fault Divorce State**

[Illinois is a no-fault divorce state](https://www.isba.org/public/guide/gettingadivorce). This means a spouse does not have to prove adultery, cruelty, abandonment, or other marital misconduct to obtain a divorce.

Instead, the court may grant a divorce when irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or would not be in the family’s best interests.

Illinois law also provides that living separate and apart for at least six months creates an irrebuttable presumption that irreconcilable differences exist. The parties may live separate and apart while residing in the same home under certain circumstances if the marital relationship has ended.

Because fault is not litigated, many Illinois divorces can proceed more efficiently than divorces in states that require proof of marital misconduct.

## **Consider Whether An Uncontested Divorce Is Possible**

One of the most effective ways to reduce divorce costs is to resolve as many issues as possible before asking the court to decide them.

In an uncontested divorce, spouses reach agreements regarding issues such as:

- Division of marital property
- Allocation of debts
- Parenting time
- Allocation of parental responsibilities
- Child support
- Spousal maintenance
- Retirement accounts
- Personal property

The court still reviews the agreement to ensure it complies with Illinois law, but uncontested cases generally require significantly less litigation than contested divorces.

Even if complete agreement is not immediately possible, resolving some issues through negotiation can substantially reduce the amount of time spent in court.

## **Stay Organized From The Beginning**

Organization can save both time and money.

Most divorce attorneys bill for the time spent reviewing documents, gathering financial information, and responding to repeated requests for missing records. Providing complete and organized information allows your attorney to work more efficiently.

Consider gathering documents such as:

- Tax returns
- Pay stubs
- Bank statements
- Retirement account statements
- Investment account records
- Credit card statements
- Mortgage documents
- Vehicle titles
- Insurance policies
- Business records, if applicable

Maintaining these records in clearly labeled folders or electronic files can reduce delays and unnecessary legal fees.

## **Communicate Efficiently With Your Attorney**

Your attorney is your legal advocate, but using attorney time wisely can significantly affect the overall cost of your case.

Before meetings or phone calls, prepare a list of questions and gather any documents that may be needed. Rather than sending multiple emails throughout the day, consider combining routine questions into a single message whenever practical.

This approach allows your attorney to address several issues at once and often reduces billable time.

Of course, you should always contact your attorney immediately if an emergency arises or if there are significant developments affecting your case.

## **Focus On The Issues That Matter Most**

Divorce can be emotional, making it tempting to argue over every disagreement.

However, not every dispute is worth the cost of litigation.

For example, spending thousands of dollars litigating ownership of relatively inexpensive household items may not be financially practical. Instead, focus your energy and resources on issues that have a meaningful impact on your long-term financial stability, your relationship with your children, or your future.

Your attorney can help you evaluate which disputes are worth pursuing and which may be resolved through compromise.

## **Consider Divorce Mediation**

Mediation is one of the most effective tools for reducing divorce costs.

During mediation, a neutral third-party mediator helps spouses negotiate solutions to disputed issues without asking a judge to decide them. The mediator does not represent either spouse and does not make decisions for the parties. Instead, the mediator facilitates productive discussions and helps the parties work toward mutually acceptable agreements.

Successful mediation can resolve disputes involving:

- Parenting plans
- Property division
- Spousal maintenance
- Child support
- Allocation of debts
- Future communication between parents

When mediation results in a comprehensive settlement, couples often avoid multiple court appearances, extensive discovery, and costly trials.

Although mediation is not appropriate in every case—particularly where domestic violence, coercive control, or significant power imbalances exist—it can substantially reduce costs for many families.

## **Cooperate Whenever Possible**

Divorce costs often increase because spouses refuse to communicate or compromise.

While you are not expected to agree with every proposal, approaching negotiations with a willingness to resolve issues constructively can significantly reduce legal expenses.

This does not mean accepting an unfair settlement simply to end the case quickly. Rather, it means remaining open to reasonable solutions that protect your interests without creating unnecessary litigation.

When both spouses are willing to negotiate in good faith, cases are often resolved more efficiently and at substantially lower cost.

## **Be Honest About Your Finances**

Attempting to hide income, conceal assets, or withhold financial information almost always increases the cost of a divorce.

When financial misconduct is suspected, additional legal proceedings may become necessary. These can include extensive document requests, depositions, subpoenas, business valuations, forensic accounting, and other costly discovery procedures.

Providing complete and accurate financial disclosures from the outset helps avoid unnecessary delays and allows both parties to negotiate from the same information.

## **Understand That Complex Cases May Cost More**

Some divorces naturally require additional legal work regardless of how cooperative the parties may be.

Examples include:

- Ownership of a closely held business
- High-value investment portfolios
- Multiple real estate holdings
- Executive compensation
- Professional practices
- Significant retirement assets
- Complex tax issues
- Interstate or international property
- High-conflict parenting disputes

While these cases often involve greater expense, experienced legal representation remains essential to protecting valuable financial interests.

## **Do Not Let Emotion Drive Every Decision**

Divorce is one of life’s most emotional experiences. Anger, disappointment, fear, and frustration are understandable.

However, making legal decisions based solely on emotion can significantly increase costs.

For example, insisting on litigating every issue out of principle may result in attorney’s fees that exceed the value of the disputed property. Likewise, refusing reasonable settlement discussions simply to “win” can prolong the case and create unnecessary expense.

Whenever possible, focus on your long-term financial goals rather than short-term emotional reactions.

## **Hire An Experienced Illinois Divorce Attorney**

Some people believe hiring an experienced attorney will increase the overall cost of their divorce. In reality, knowledgeable legal representation often helps clients avoid expensive mistakes that can have lasting financial consequences.

An experienced family law attorney can:

- Explain your legal rights
- Identify realistic settlement options
- Prepare accurate legal documents
- Negotiate effectively
- Help avoid unnecessary litigation
- Protect your financial interests
- Represent you efficiently in court when necessary

Choosing an attorney who regularly handles Illinois divorce cases can often save both time and money throughout the process.

## **Frequently Asked Questions About Divorce Costs In Illinois**

### **Is An Uncontested Divorce Less Expensive?**

Generally, yes. When spouses reach agreement on all major issues, fewer court appearances and less attorney time are usually required, resulting in lower overall costs.

### **Does Mediation Always Save Money?**

In many cases, mediation reduces litigation expenses by helping spouses resolve disputes outside of court. However, mediation is not appropriate for every family, particularly when there are concerns about domestic violence or significant power imbalances.

### **Can I Reduce Attorney’s Fees By Preparing Documents Myself?**

Being organized and providing complete financial information can reduce the amount of attorney time required. However, legal documents should still be reviewed carefully to ensure your rights are fully protected.

### **Should I Agree To Everything Just To Save Money?**

No. Saving money is important, but accepting an unfair property settlement or parenting arrangement can have financial and personal consequences for many years. A balanced approach is usually the best strategy.

## **Contact Our Chicago Divorce Attorney**

Every divorce presents unique financial and legal challenges. While some expenses are unavoidable, many couples can significantly reduce costs by staying organized, cooperating when appropriate, and working toward practical solutions outside the courtroom whenever possible.

At Gordon & Perlut, LLC, we help clients throughout Chicago, Skokie, Cook County, and the surrounding communities navigate divorce efficiently while protecting their legal and financial interests. Whether your case is uncontested or involves complex property division, parental responsibilities, or spousal maintenance, our attorneys are committed to helping you pursue a fair resolution as efficiently as possible.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101) to schedule a consultation with an experienced Chicago divorce attorney and learn how we can help you protect your future while managing the cost of your Illinois divorce.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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**Categories:** Divorce Attorney

**Tags:** divorce costs

---

### [Enforcing Property Division Orders after Divorce](https://familylawadvocate.com/enforcing-property-division-orders-after-divorce/)

**Published:** July 24, 2026
**Author:** familylawadvocate

**Content:**

For many people, receiving a final divorce judgment feels like the end of a long and stressful process. After months of negotiating property division, attending court hearings, and resolving financial disputes, it is natural to expect that both parties will simply follow the judge’s orders.

Unfortunately, that is not always what happens.

A divorce judgment may clearly state who keeps the marital home, how retirement accounts should be divided, which spouse receives certain vehicles or personal property, and who is responsible for specific debts. However, the court’s written order often requires one or both spouses to take additional steps before those transfers can actually occur. If one party refuses to cooperate, delays the process, or intentionally ignores the court’s order, the other spouse may need to return to court to enforce the judgment.

Illinois courts take violations of divorce judgments seriously. If your former spouse refuses to comply with a property division order, there are legal remedies available that can compel compliance and help protect the assets awarded to you.

## **Property Division Orders Are Legally Binding**

Once a divorce judgment becomes final, both parties are legally required to comply with its terms. Property division orders are not suggestions or informal agreements—they are enforceable court orders.

Depending on the circumstances, a divorce judgment may require one spouse to:

- Transfer title to a vehicle
- Sign a deed conveying real estate
- Divide retirement accounts through a [Qualified Domestic Relations Order](https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order) (QDRO)
- Close or divide joint bank accounts
- Transfer investment accounts
- Deliver valuable personal property
- Refinance or satisfy certain debts
- Remove the other spouse from financial accounts
- Pay an equalization payment by a specified deadline

While the court determines how property should be divided, it generally does not complete these transactions for the parties. Each spouse must take the necessary actions to carry out the judgment.

When one party refuses to cooperate, enforcement may become necessary.

## **Common Property Division Disputes After Divorce**

Property division disputes arise for many reasons. Sometimes a former spouse simply delays signing paperwork. In other situations, the refusal is intentional.

Some of the most common post-divorce disputes involve:

### **Refusing To Transfer Real Estate**

A divorce judgment may require one spouse to transfer ownership of the marital residence or other real estate. If that spouse refuses to sign a deed or other necessary documents, the transfer cannot be completed without further court intervention.

### **Delaying Retirement Account Transfers**

Many retirement plans require a Qualified Domestic Relations Order before assets can be divided. A former spouse who refuses to cooperate with preparing or signing the necessary documents can significantly delay the transfer.

### **Refusing To Deliver Personal Property**

Household furnishings, jewelry, family heirlooms, collectibles, artwork, firearms, business equipment, and other personal property are frequently addressed in divorce judgments. Unfortunately, disputes sometimes arise when one spouse refuses to surrender property awarded to the other.

### **Failing To Make Required Payments**

Some divorce settlements require one spouse to make a lump-sum payment or installment payments to equalize the property division. Missing these payments may constitute a violation of the court’s order.

### **Interfering With Financial Accounts**

Occasionally, a former spouse refuses to close joint accounts, transfer investment assets, remove the other spouse from accounts, or cooperate with refinancing obligations required by the judgment.

## **Contempt Of Court May Be An Enforcement Option**

When a party intentionally refuses to comply with a divorce judgment, the court may have authority to hold that person in indirect civil contempt.

Civil contempt proceedings are designed to encourage compliance with an existing court order rather than punish past conduct. The spouse seeking enforcement asks the court to determine that the other party has willfully failed to obey the judgment.

To obtain a finding of contempt, the requesting party generally must establish:

- A valid court order exists.
- The other party knew about the order.
- The other party failed to comply with the order.
- The failure to comply was willful.

If the court finds that a former spouse intentionally violated the judgment without a valid excuse, it may enter orders designed to compel compliance.

## **Remedies Available In A Contempt Proceeding**

Illinois judges have broad authority to enforce their own orders.

Depending on the circumstances, the court may:

- Order the immediate transfer of property
- Set deadlines for compliance
- Require execution of necessary documents
- Award attorney’s fees and costs in appropriate cases
- Impose monetary sanctions
- Enter additional enforcement orders
- In certain cases, order incarceration until the party complies with the court’s order

Civil contempt differs from criminal contempt because the purpose is to obtain compliance. In some situations, the person found in contempt effectively “holds the keys” to resolving the issue by complying with the court’s order.

The specific remedy depends on the facts of the case and the nature of the violation.

## **Not Every Violation Results In Contempt**

Although contempt is a powerful enforcement tool, it is not appropriate in every situation.

A court generally will not hold someone in contempt simply because compliance became temporarily impossible or because an honest mistake occurred.

For example, legitimate issues may arise when:

- Required documents contain errors.
- A financial institution delays processing paperwork.
- Property has been damaged or destroyed.
- A retirement plan administrator requires additional documentation.
- A mortgage lender delays refinancing.
- A party misunderstood an ambiguous provision in the judgment.

In these situations, the court will often examine whether the party acted reasonably and in good faith.

Because every case is different, it is important to determine whether contempt is the most effective legal remedy before filing enforcement proceedings.

## **Enforcement May Require Additional Court Orders**

Sometimes the problem is not outright refusal but practical obstacles that prevent completion of the property transfer.

For example, additional court orders may be necessary to:

- Clarify ambiguous language in the judgment
- Approve or enforce a Qualified Domestic Relations Order
- Authorize the transfer of real estate
- Resolve disputes regarding valuation or implementation
- Address newly discovered assets
- Correct drafting errors

An experienced family law attorney can determine whether enforcement, clarification, or modification procedures are most appropriate.

## **Keep Records Of Noncompliance**

If your former spouse refuses to comply with the divorce judgment, documentation can become extremely important.

Helpful records may include:

- Copies of the divorce judgment
- Emails and text messages
- Letters requesting compliance
- Financial statements
- Property inventories
- Account records
- Closing documents
- Correspondence from retirement plan administrators
- Proof of missed payments
- Copies of unsigned transfer documents

Maintaining organized records allows your attorney to present a clear timeline demonstrating the other party’s failure to comply.

## **Do Not Take Matters Into Your Own Hands**

It can be tempting to retrieve property yourself or withhold something that belongs to your former spouse in response to their noncompliance.

Doing so may create additional legal problems and could expose you to allegations that you violated the court’s order as well.

Instead, continue complying with your own obligations while allowing your attorney to pursue the appropriate legal remedies through the court.

Illinois judges generally respond more favorably to parties who follow court orders while seeking lawful enforcement against those who do not.

## **How An Experienced Divorce Attorney Can Help**

Post-divorce enforcement proceedings often involve more than filing a motion for contempt. Your attorney can evaluate the circumstances, determine whether the violation was willful, gather supporting evidence, prepare enforcement motions, negotiate voluntary compliance when appropriate, and represent you during hearings.

In some cases, a firm letter from counsel is enough to convince a former spouse to fulfill their obligations without further litigation. In others, formal court intervention becomes necessary.

An attorney can also help ensure that all required transfer documents are properly prepared so the property division ordered by the court can finally be completed.

## **Contact Our Chicago Property Division Attorney**

A divorce judgment should provide finality, not create new disputes. If your former spouse refuses to comply with a property division order, you do not have to face the situation alone. Illinois courts have several tools available to enforce divorce judgments and compel compliance when appropriate.

The experienced [Chicago property division attorneys](https://familylawadvocate.com/divorce/property-division/) at Gordon & Perlut, LLC represent clients throughout Chicago, Skokie, Cook County, and the surrounding communities in post-decree enforcement proceedings involving property division, retirement accounts, real estate transfers, child support, parenting time, and other family law matters.

If your former spouse is refusing to comply with your divorce judgment, [Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at 312-360-0250 or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  847-329-0101 to schedule a consultation and discuss the most effective strategy for enforcing your rights under the court’s order.

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**Categories:** Property Division

---

### [Child Abuse and Custody Cases in Illinois](https://familylawadvocate.com/child-abuse-and-custody-cases/)

**Published:** September 18, 2015
**Author:** familylawadvocate

**Content:**

Allegations of child abuse can transform an already difficult divorce or parenting dispute into an urgent and highly complex legal matter. When a parent believes that a child is being physically harmed, sexually abused, emotionally mistreated, neglected, or exposed to a dangerous environment, the concern must be taken seriously. At the same time, an allegation can have profound consequences for a parent who is accused, including supervised parenting time, emergency court orders, a[ Department of Children and Family Services investigation](https://www.illinoislegalaid.org/legal-information/understanding-dcfs-investigations), or temporary separation from the child.

Illinois courts must balance two essential concerns. The first is protecting children from conduct that threatens their physical, mental, moral, or emotional well-being. The second is ensuring that decisions affecting a parent-child relationship are based on reliable evidence and a fair legal process rather than suspicion, anger, or unsupported accusations.

Cases involving alleged abuse require prompt action, careful documentation, and experienced legal guidance. Whether you fear that your child is in danger or believe you have been falsely accused, understanding how Illinois courts address these cases can help you protect both the child’s interests and your legal rights.

## **Illinois No Longer Uses “Custody” As Its Primary Legal Term**

Although parents and members of the public commonly refer to these disputes as child custody cases, Illinois law now uses the term “[allocation of parental responsibilities](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm).”

Parental responsibilities generally include two related issues:

1. Significant decision-making responsibilities concerning matters such as education, healthcare, religion, and extracurricular activities.
2. Parenting time, meaning the schedule under which each parent spends time with the child.

Illinois courts allocate both decision-making authority and parenting time according to the child’s best interests. The law does not require the court to divide decision-making equally between the parents, nor does it guarantee either parent a particular amount of parenting time. Instead, the judge must evaluate the family’s circumstances and determine what arrangement will best serve the child.

Evidence of abuse, domestic violence, neglect, substance misuse, threats, or other dangerous conduct can substantially affect both parts of the court’s decision.

## **How Child Abuse Can Affect Parental Responsibilities**

Illinois courts consider all relevant factors when allocating parental responsibilities. These factors include the child’s needs, each parent’s history of participating in important decisions, the parents’ ability to cooperate, the child’s adjustment to home and school, and the mental and physical health of everyone involved.

The court must also consider any past or ongoing physical violence or threat of physical violence involving the child or another member of the household. Evidence of abuse may lead the court to give one parent sole responsibility for making significant decisions, particularly when cooperation with the other parent would expose the child or the protected parent to additional danger.

For example, a court may determine that a parent who has physically abused a child should not participate in healthcare or educational decisions. In another case, the court might permit limited decision-making involvement but establish safeguards governing communication between the parents.

The specific outcome depends on the severity, frequency, credibility, and recency of the alleged conduct.

## **What Types Of Abuse May Be Relevant?**

Child abuse cases are not limited to visible physical injuries. Courts may consider a broad range of conduct that endangers a child or significantly harms the child’s development.

### **Physical Abuse**

Physical abuse may include hitting, punching, kicking, burning, choking, shaking, throwing, or otherwise intentionally injuring a child. It may also involve excessive or inappropriate physical discipline.

Relevant evidence can include photographs, medical records, emergency room reports, statements made to healthcare providers, witness testimony, police reports, and DCFS findings.

A court may distinguish between lawful parental discipline and conduct that is excessive, injurious, or abusive. The surrounding circumstances, the child’s age, the nature of the force used, and the resulting injuries may all be important.

### **Sexual Abuse Or Exploitation**

Allegations of sexual abuse require immediate attention and careful handling. Sexual abuse may involve inappropriate touching, sexual contact, exploitation, exposing a child to sexual material, grooming behavior, or permitting another person to abuse the child.

These cases may involve law enforcement, DCFS investigators, medical professionals, therapists, forensic interviewers, and child advocacy centers. Parents should avoid repeatedly questioning a child or attempting to conduct their own investigation. Repeated or suggestive questioning can increase the child’s distress and may affect the reliability of later statements.

### **Emotional Or Psychological Abuse**

Emotional abuse may be more difficult to document because it does not always produce visible injuries. It can include persistent humiliation, intimidation, rejection, threats, extreme verbal attacks, manipulation, isolation, or conduct intended to cause the child fear or emotional instability.

A parent may also harm a child by repeatedly exposing the child to intense domestic conflict, encouraging the child to fear or hate the other parent, using the child to deliver hostile messages, or making the child responsible for adult disputes.

Evidence may come from therapists, teachers, school counselors, pediatricians, relatives, parenting coordinators, or other adults who have observed changes in the child’s behavior.

### **Neglect**

Neglect generally involves a failure to provide the supervision, care, food, shelter, medical treatment, education, or protection reasonably necessary for the child.

Examples may include leaving a young child unattended, failing to obtain necessary medical care, maintaining an unsafe home, repeatedly exposing the child to dangerous people, or caring for the child while severely impaired by alcohol or drugs.

A single disagreement about parenting style does not necessarily establish neglect. The court will examine whether the alleged conduct created a genuine risk to the child’s safety or welfare.

### **Exposure To Domestic Violence**

A child does not have to be the direct target of physical violence for domestic abuse to affect a parenting case. Witnessing violence between parents or living in a home dominated by threats, intimidation, coercive control, or repeated conflict can significantly harm a child.

Illinois courts may consider violence or threats directed toward the other parent, a household member, or the child when deciding parental responsibilities and parenting time.

## **Are Abuse Allegations Common During Divorce?**

There is a persistent belief that abuse allegations are routinely fabricated during divorce and custody litigation. That assumption is dangerous because it can cause genuine concerns to be dismissed without proper investigation.

False or exaggerated allegations can occur. However, courts should not presume that a report is untrue merely because it arises during a divorce or parenting dispute. Nor should the court assume that an accusation is accurate simply because it is serious.

The proper focus is the evidence.

Judges evaluate the timing of the report, consistency of the allegations, statements made by the child, corroborating records, witness testimony, investigative findings, prior conduct, and the credibility of the adults involved. A report made during litigation may still be entirely legitimate. Conversely, an allegation may lack adequate support even when the person making it sincerely believes it to be true.

Removing outdated or generalized statistics from the analysis is important because every child abuse case turns on its own facts.

## **How Does A Parent Report Suspected Abuse?**

A parent who believes a child is in immediate danger should contact law enforcement or emergency services.

Suspected abuse or neglect may also be reported to the Illinois Department of Children and Family Services. DCFS accepts reports through its child abuse hotline and online reporting system. The agency determines whether a report meets the legal criteria for investigation.

Certain professionals, including teachers, doctors, nurses, therapists, childcare workers, and other mandated reporters, may be legally required to report suspected child abuse or neglect.

A parent should provide accurate, specific information rather than assumptions or conclusions. Helpful details may include:

- What the child said
- When the statement was made
- Who was present
- Any visible injuries
- Relevant photographs
- Medical treatment received
- Changes in behavior
- Prior similar incidents
- Names of potential witnesses

Parents should avoid coaching the child, asking leading questions, or repeatedly requesting that the child retell the incident.

## **What Happens During A DCFS Investigation?**

A DCFS investigator may interview the child, the parents, siblings, teachers, medical professionals, childcare providers, and other people with relevant information. The investigator may also inspect the home, review records, and coordinate with law enforcement.

At the end of the investigation, DCFS may classify the report as indicated or unfounded.

An indicated finding means the agency concluded that there was credible evidence supporting the allegation under its administrative standards. An unfounded finding means DCFS did not find sufficient evidence to indicate the report.

Neither result automatically decides the family court case. A family court judge makes an independent determination based on the evidence presented in the parental-responsibilities proceeding.

An indicated DCFS finding can be significant, but it does not automatically eliminate parenting time. Likewise, an unfounded finding does not necessarily prove that the reported conduct never occurred. Different proceedings may involve different evidence, legal standards, and purposes.

## **Can The Court Restrict A Parent’s Contact With A Child?**

Yes. Illinois law permits a court to restrict parental responsibilities when the evidence shows serious danger to the child.

After a hearing, if the court finds by a preponderance of the evidence that a parent engaged in conduct that seriously endangered the child’s mental, moral, or physical health, or significantly impaired the child’s emotional development, the court must enter orders necessary to protect the child.

The preponderance standard generally requires proof that the allegation is more likely true than not true. This is a lower burden than the beyond-a-reasonable-doubt standard used in criminal cases.

Possible restrictions include:

- Supervised parenting time
- Reduced parenting time
- Prohibiting overnight visits
- Requiring exchanges in a protected setting
- Prohibiting alcohol or drug use before or during parenting time
- Requiring substance abuse testing
- Requiring counseling or treatment
- Prohibiting contact with a dangerous third party
- Restricting electronic communication
- Requiring the posting of a bond
- Temporarily suspending parenting time

In severe cases, the court may deny parenting time when no less restrictive arrangement can adequately protect the child.

## **What Is Supervised Parenting Time?**

Supervised parenting time allows a parent to see the child while another approved adult or professional supervisor is present.

Supervision may occur through a professional visitation facility, social service agency, family member, therapist, or another person approved by the court. The order may specify the location, duration, frequency, supervisor, and conditions governing each visit.

Supervised parenting time may be appropriate when the court believes that maintaining some contact is beneficial but unsupervised contact would present an unacceptable risk.

The court may later expand or reduce the parent’s time depending on compliance, treatment progress, the child’s response, and whether safety concerns continue.

## **Can A Parent Obtain Emergency Relief?**

A parent does not always have to wait for a final trial when a child faces an immediate threat.

Illinois courts may enter temporary orders allocating parental responsibilities before a final judgment. Temporary relief may be appropriate when the available facts indicate that immediate changes are necessary to protect the child.

Depending on the circumstances, a parent may request:

- Temporary sole decision-making authority
- Temporary suspension of the other parent’s time
- Supervised parenting time
- Restrictions on removing the child
- Protected exchanges
- An order preventing contact with a particular person
- An order of protection

Illinois provides standardized court forms for seeking an order of protection. An emergency order may sometimes be entered without advance notice when the legal requirements are satisfied, although the accused person must later receive an opportunity to appear and respond.

Emergency filings should be supported by specific facts, dates, records, and other available evidence. General statements that a parent is “dangerous” may be insufficient without details explaining the immediate risk.

## **What Evidence Can Help Establish Abuse?**

The court may consider many types of evidence, including:

- Medical and hospital records
- Photographs or videos
- Police reports
- DCFS records
- Orders of protection
- Criminal records
- Text messages and emails
- Voicemails
- School attendance and disciplinary records
- Therapy records, subject to privilege rules
- Testimony from teachers or childcare providers
- Statements from relatives or neighbors
- Substance abuse testing
- Expert psychological evaluations
- Testimony from the child when legally appropriate

The credibility and admissibility of evidence are often contested. A screenshot without context, for example, may be less persuasive than a complete message thread supported by testimony establishing who sent it.

Parents should preserve original records and avoid editing, cropping, annotating, or altering potential evidence.

## **Will The Child Have To Testify?**

Children are not automatically required to testify in open court. Judges generally try to avoid placing children directly in the middle of their parents’ dispute.

Depending on the child’s age and maturity, the court may consider the child’s wishes. However, the child’s preference is only one factor and does not control the outcome.

The court may appoint a guardian ad litem, child representative, or attorney for the child. A guardian ad litem investigates the case and makes recommendations concerning the child’s best interests.

The court may also conduct an interview with the child outside the presence of the parents under appropriate circumstances. The method used depends on the child’s age, the nature of the allegations, and the judge’s determination of what will protect the child while producing reliable information.

## **What Rights Does An Accused Parent Have?**

A parent accused of abuse has the right to receive notice of the court proceedings, retain an attorney, present evidence, challenge opposing evidence, question witnesses, and participate in hearings.

The accused parent should comply with all temporary orders, even if the allegations are believed to be false. Violating a restriction, confronting the accusing parent, or attempting unauthorized contact with the child can seriously damage the defense.

The parent should preserve relevant evidence, identify witnesses, document compliance with court orders, and work through legal counsel. Publicly attacking the other parent or discussing the case on social media is rarely helpful.

An unsupported allegation should not permanently determine the parent-child relationship. However, effectively responding often requires more than simply denying the accusation.

## **What Happens When An Allegation Is Knowingly False?**

Illinois courts may consider a parent’s willingness and ability to support the child’s relationship with the other parent, provided that relationship can be maintained safely.

A knowingly fabricated abuse claim may therefore affect the court’s evaluation of credibility, cooperation, judgment, and the child’s best interests. It may also lead to attorney-fee disputes, sanctions, or modification of parental responsibilities in particularly serious cases.

However, an allegation that is not proven is not automatically a deliberately false allegation. A parent may make a good-faith report based on concerning information even when an investigation does not produce enough evidence to substantiate it.

Courts must distinguish between intentional fabrication, honest mistakes, misunderstandings, and allegations that remain uncertain because of limited evidence.

## **Can Parenting Restrictions Be Removed Later?**

Restrictions do not always remain in place permanently.

A restricted parent may seek modification after addressing the conduct that led to the restriction. Relevant progress may include:

- Completing domestic violence intervention
- Participating in individual counseling
- Completing substance abuse treatment
- Maintaining sobriety
- Following psychiatric treatment
- Completing parenting education
- Complying consistently with supervised visits
- Demonstrating safe and appropriate behavior

The court will evaluate whether removing or reducing the restriction is consistent with the child’s best interests and whether the original danger has been adequately addressed.

Parenting plans can be modified when the applicable statutory requirements are met. In many cases, the parent requesting a change must show changed circumstances and establish that modification is necessary to serve the child’s best interests.

## **Practical Steps For A Parent Who Believes A Child Is In Danger**

A concerned parent should focus on protection, documentation, and appropriate legal channels.

Seek emergency assistance when there is an immediate threat. Preserve evidence without altering it. Write down the child’s exact words rather than summarizing or interpreting them. Obtain medical care when needed. Notify appropriate authorities. Follow existing court orders unless emergency circumstances require immediate intervention, and consult an attorney about requesting a lawful modification.

Do not retaliate against the other parent, coach the child, post allegations online, or prevent court-ordered contact without obtaining legal advice. Even a parent acting from genuine fear can create additional legal problems by handling the situation improperly.

## **Contact Our Chicago Child Custody Attorney**

Child abuse allegations require a careful legal response because the consequences can affect a child and both parents for years. A parent who believes a child is unsafe may need immediate court intervention, protective restrictions, or assistance coordinating with DCFS and law enforcement. A parent who has been falsely accused needs a fair opportunity to challenge the evidence and protect the parent-child relationship.

[Gordon & Perlut, LLC](https://familylawadvocate.com/) represents parents in Chicago, Skokie, Cook County, and surrounding Illinois communities in cases involving parental responsibilities, parenting-time restrictions, abuse allegations, DCFS investigations, emergency motions, and orders of protection.

[Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at our Chicago office at 312-360-0250 or call our Skokie office at  847-329-0101 to speak with an experienced Chicagoland child custody attorney about protecting your child, responding to allegations, and pursuing a parenting arrangement that serves the child’s best interests.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

 familylawadvocate 

 [See Full Bio](https://familylawadvocate.com/author/familylawadvocate/)

**Categories:** Child Abuse and Custody Cases

**Tags:** Chicago Custody Cases, Child Abuse and Custody Chicago, Child custody lawyer chicago

---

### [Relocation with Kids: Can I Move to a New House After My Divorce?](https://familylawadvocate.com/relocation-with-kids-can-i-move-to-a-new-house-after-my-divorce/)

**Published:** December 12, 2018
**Author:** familylawadvocate

**Content:**

Moving after a divorce can represent a fresh start. A parent may want to purchase a more affordable home, live closer to relatives, accept a better job, enter a new relationship, or move into a school district that offers greater opportunities for the children. However, when parents share parental responsibilities or parenting time, moving with a child can become a significant legal issue.

Illinois law distinguishes between an ordinary move and a legal “relocation.” A parent may generally move to another home without going through the formal relocation process when the new residence remains within the statutory distance limits. Once the proposed move crosses those limits, however, the parent may need the other parent’s written agreement or permission from the court before moving the child.

The legal analysis focuses on the child’s primary residence, the distance of the proposed move, the existing allocation judgment, and whether the move would serve the child’s best interests. A parent should understand these rules before signing a lease, purchasing a home, accepting employment in another city, or making firm moving arrangements.

## **Moving Is Not Always The Same As Relocating**

Illinois parents often use the terms “moving” and “relocating” interchangeably. Legally, however, they do not mean the same thing.

A parent can move personally without necessarily relocating the child.[ The Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=8675000&SeqEnd=12200000) applies its relocation requirements to certain changes in the child’s primary residence.

A move that remains within the applicable mileage threshold is not classified as a relocation under the statute. Nevertheless, even a shorter move can create practical problems when it affects school enrollment, transportation, exchanges, childcare, or the existing parenting schedule.

Parents should therefore review both the relocation statute and their allocation judgment or parenting plan before moving.

## **How Illinois Defines Relocation**

Under Illinois law, whether a proposed move qualifies as a relocation depends partly on the county where the child’s current primary residence is located.

A move is generally treated as a relocation in any of the following circumstances:

### **A Move Of More Than 25 Miles From Certain Chicago-Area Counties**

When the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move to a new residence within Illinois is a relocation if the new home is more than 25 miles from the child’s current primary residence.

This rule is particularly important for families in Chicago, Skokie, Evanston, Oak Park, Schaumburg, and other Cook County communities. A move does not have to cross state lines to require compliance with the relocation law.

### **A Move Of More Than 50 Miles From Other Illinois Counties**

When the child’s current primary residence is in an Illinois county other than Cook, DuPage, Kane, Lake, McHenry, or Will County, an in-state move is generally a relocation when the new residence is more than 50 miles away.

The larger threshold recognizes the different geographic conditions that may exist outside the six-county Chicago metropolitan area.

### **An Out-Of-State Move Of More Than 25 Miles**

A move from the child’s current primary residence to a residence outside Illinois is a relocation when the new residence is more than 25 miles away.

This means that not every out-of-state move necessarily qualifies as a statutory relocation. For example, a family living near the Illinois border might move a relatively short distance into Indiana or Wisconsin. When the move is 25 miles or less, it may fall outside the statutory definition, although the existing parenting plan and other jurisdictional issues must still be considered.

Illinois law measures the distance using an internet mapping service. Parents should not rely on straight-line distance or their own estimate of the mileage.

## **Can I Move To A Nearby House Without Court Approval?**

A parent usually does not need to complete the formal statutory relocation process when the child’s new primary residence will remain within the applicable mileage limit.

For example, a parent living in Chicago may be able to move to another Chicago neighborhood or a nearby suburb without obtaining relocation approval, provided the move does not exceed 25 miles from the child’s current primary residence.

That does not mean the move should be made without considering the other parent or the parenting plan. A relatively short move may still:

- Change the child’s school district
- Increase transportation time
- Interfere with weekday parenting time
- Affect after-school activities
- Complicate exchanges
- Change childcare arrangements
- Conflict with notice provisions in the parenting plan

The allocation judgment may require each parent to disclose a new address, provide advance notice of a move, or cooperate regarding school enrollment. A parent who ignores those requirements may create an avoidable dispute even when the move does not satisfy the statutory definition of relocation.

## **Which Parent May Seek To Relocate With A Child?**

Illinois law provides that a parent who has been allocated a majority of the parenting time may seek to relocate with the child. When the parents have been allocated equal parenting time, either parent may seek relocation.

A parent with substantially less than half of the parenting time ordinarily cannot use the relocation statute to move the child’s primary residence. That parent remains free to move personally, but moving the child may first require a broader modification of the allocation judgment.

Determining who has the majority of parenting time is usually straightforward, but disputes can arise when the written schedule differs from the arrangement the parents actually follow. The court will generally begin with the existing allocation judgment and parenting plan.

## **What Notice Must The Relocating Parent Provide?**

A parent seeking to relocate must provide written notice of the intended relocation.

The notice must ordinarily be given at least 60 days before the planned move. If providing 60 days’ notice is impracticable, the parent must provide notice at the earliest practicable date.

The written notice must include:

- The date of the intended relocation
- The address of the new residence, when known
- The anticipated length of the relocation if it is not permanent

The relocating parent must file the notice with the circuit court clerk and provide a copy to the other parent. The notice requirements are not merely a courtesy. They give the other parent time to evaluate the proposal, determine how it will affect the child, and decide whether to consent or object.

A parent should not assume that an informal text message, phone conversation, or mention during an exchange satisfies the statute. Formal written notice helps establish that the legal requirements were followed.

## **What Happens If The Other Parent Agrees?**

If the nonrelocating parent agrees to the move, that parent may sign the written notice.

The relocating parent can then file the signed notice with the court. The court may approve the relocation without a contested hearing when the agreement is consistent with the child’s best interests.

Even when both parents consent, the existing allocation judgment may need to be modified. A significant move can require changes involving:

- The regular parenting-time schedule
- Holiday and school-break parenting time
- Transportation responsibilities
- Exchange locations
- Travel costs
- Telephone and video contact
- School enrollment
- Extracurricular activities
- Decision-making procedures

The parents should address these matters in a detailed written agreement rather than relying on informal promises. A workable long-distance parenting plan should anticipate school calendars, travel delays, transportation costs, and the child’s changing needs.

## **What Happens If The Other Parent Objects?**

When the other parent refuses to sign the notice or objects to the proposed move, the parent seeking relocation must file a petition asking the court for permission.

The relocating parent should not move the child first and seek approval afterward. Moving without consent or a court order can lead to emergency litigation, an order requiring the child’s return, modification of parenting arrangements, and an adverse credibility finding.

After a petition is filed, the court will hold proceedings to determine whether relocation is in the child’s best interests. A contested relocation case is not decided solely by whether the move would benefit the parent requesting it. The court must examine how the move would affect the child and the child’s relationship with both parents.

## **What Factors Does The Court Consider?**

Illinois law identifies multiple factors the court must consider in a contested relocation case. No single factor automatically controls the outcome.

### **The Reasons For The Proposed Relocation**

The court will examine why the parent wants to move. Legitimate reasons may include a better job, more affordable housing, educational opportunities, family support, remarriage, safety concerns, or improved living conditions.

The court may also question whether the move is intended primarily to interfere with the other parent’s relationship with the child.

### **The Reasons For The Objection**

The nonrelocating parent’s reasons also matter. An objection may be based on concern about losing frequent contact, increased travel, disruption of school or activities, financial costs, or doubts about the proposed living arrangement.

An objection made merely to control the former spouse may be viewed differently from one based on a substantial history of parental involvement.

### **Each Parent’s Relationship With The Child**

The court will evaluate the quality and extent of each parent’s relationship with the child. Relevant issues may include participation in school, medical care, extracurricular activities, homework, daily routines, and emotional support.

A parent who has consistently exercised parenting time and participated in the child’s life may present a stronger objection than a parent who has had minimal involvement.

### **The Child’s Educational Opportunities**

The court may compare the child’s current school and proposed school, including academic resources, special education services, extracurricular programs, social connections, and continuity.

A claim that the new school is “better” should generally be supported with concrete information rather than broad assumptions.

### **The Presence Or Absence Of Extended Family**

The availability of grandparents, relatives, and other support systems may affect the analysis. The court can consider family connections in both the current and proposed locations.

A move that places the child near a reliable support network may benefit the child. Conversely, removing the child from close relatives and established community ties may weigh against relocation.

### **The Expected Impact On The Child**

The court will consider the child’s age, developmental needs, temperament, relationships, school adjustment, and ability to tolerate travel or major changes.

A relocation may affect a preschool-aged child differently from a teenager with established school, athletic, and social commitments.

### **Whether A Reasonable Parenting Plan Can Be Created**

A central question is whether the court can design a realistic schedule that preserves the child’s relationship with the nonrelocating parent.

A longer move may reduce frequent weekend contact but allow extended parenting time during summer vacation, winter break, spring break, and holidays. Video calls and other electronic communication can supplement—but generally cannot replace—in-person parenting time.

### **Travel Costs And Practical Burdens**

Transportation may become expensive and time-consuming. The court can evaluate airfare, driving time, lodging, work schedules, the child’s school schedule, and which parent should bear the cost.

A proposed plan is more persuasive when it explains who will arrange travel, who will pay, where exchanges will occur, and how delays will be handled.

### **The Child’s Wishes**

Depending on the child’s age, maturity, and ability to express a reasoned preference, the court may consider the child’s wishes. The child does not have the unilateral right to approve or reject the move.

The statute also permits the court to consider any other factor relevant to the child’s best interests.

## **How Can A Parent Strengthen A Relocation Request?**

A parent seeking relocation should present a detailed plan rather than a general desire to move.

Useful preparation may include identifying:

- The proposed home and neighborhood
- Employment and expected income
- The child’s proposed school
- Childcare arrangements
- Healthcare providers
- Nearby relatives or support resources
- Transportation options
- A revised parenting schedule
- Allocation of travel expenses
- Methods of regular electronic contact

The parent should also explain how the move will improve the child’s circumstances, not merely the parent’s lifestyle.

A job offer may support relocation, but the court will still examine salary, stability, hours, benefits, childcare needs, and the impact on the other parent’s relationship with the child.

## **How Can The Other Parent Oppose Relocation?**

A parent opposing relocation should do more than state that the move is unfair.

The objection should explain how the move will affect the child, including the likely loss of regular contact, school disruption, travel burdens, reduced participation in activities, or separation from an established support network.

Evidence of consistent involvement can be highly relevant. Calendars, school communications, medical records, activity schedules, photographs, messages, and testimony may demonstrate the parent’s role in the child’s daily life.

The opposing parent may also present alternatives, such as modifying the current schedule, helping the relocating parent identify closer employment, or proposing other arrangements that address the stated reasons for moving.

## **Can A Parent Relocate Before The Divorce Is Final?**

Relocation can also arise while a divorce or parental-responsibilities case is still pending.

Illinois courts may authorize a temporary relocation before entry of a final allocation judgment when the move is in the child’s best interests. A temporary relocation does not automatically determine the final allocation of parental responsibilities, and the statutory notice and procedural requirements still apply.

Because a temporary move can significantly affect school, housing, and parenting arrangements, parents should seek legal advice before taking action.

## **Does Relocation Change Child Support?**

Relocation does not automatically change child support, but it may create reasons to review the existing order.

A modified parenting schedule, increased travel costs, changes in income, childcare expenses, and health insurance costs may affect the financial arrangements between the parents.

The court may allocate transportation expenses as part of the relocation decision. A separate request may be necessary to modify child support or other financial provisions.

## **Frequently Asked Questions About Illinois Relocation**

### **Can I Move Anywhere Within Illinois After Divorce?**

Not necessarily. An in-state move can qualify as a relocation if it exceeds the applicable 25-mile or 50-mile limit. The relevant threshold depends on the county where the child’s current primary residence is located.

### **Can My Former Spouse Stop Me From Moving Personally?**

The other parent generally cannot prevent you from moving personally. The legal dispute concerns whether you may change the child’s primary residence and how the move affects parenting time.

### **What If I Move Less Than 25 Miles Away?**

A move within 25 miles generally will not constitute statutory relocation, but it may still affect the parenting plan, school enrollment, transportation, and address-notification requirements.

### **Can The Other Parent Withdraw Consent After Signing The Notice?**

Once consent has been given and filed, withdrawing it may require court involvement. Parents should obtain legal advice before signing or relying on a relocation agreement.

### **What If I Do Not Know My Exact New Address Yet?**

The statute requires the new address when known. The notice should provide all available information and be updated appropriately when additional details become available.

### **Does Remarriage Guarantee That The Court Will Approve Relocation?**

No. Remarriage may be relevant, but the court’s decision must focus on the child’s best interests and the statutory relocation factors.

## **Contact Our Chicago Relocation Attorney**

Relocation cases can affect where a child lives, attends school, receives medical care, and spends time with each parent. Whether you are seeking permission to move or objecting to a proposed relocation, acting before the move occurs is critical.

Gordon & Perlut, LLC represents parents in Chicago, Skokie, Cook County, and surrounding Illinois communities in relocation proceedings, modifications of parental responsibilities, parenting-time disputes, and related family law matters.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our [Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at 312-360-0250 or call our [Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  847-329-0101 to speak with an experienced Chicago relocation lawyer about your proposed move, the applicable notice requirements, and a parenting arrangement that protects your relationship with your child.

*This article is intended for general informational purposes and does not constitute legal advice regarding any individual case.*

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### [What High-Conflict Divorces Look Like In Illinois](https://familylawadvocate.com/what-high-conflict-divorces-look-like-in-illinois/)

**Published:** July 24, 2026
**Author:** familylawadvocate

**Content:**

Not all divorces are filled with arguments and court battles. Some, though, are highly contested and emotional from the start. High-conflict divorces usually involve strong disagreements about children, money, dividing property, or claims of wrongdoing. These cases are often more stressful, take longer, and cost more than divorces where both sides cooperate. They also usually need more court involvement and legal steps. Knowing what to expect in a high-conflict divorce under Illinois law can help you prepare for challenges and make better decisions along the way.

Illinois divorce cases follow the Illinois Marriage and Dissolution of Marriage Act. Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), the state allows divorce based on irreconcilable differences. Even though the reason for divorce is simple, disagreements often come up about parenting, dividing property, support, and sharing financial information. If the people involved cannot agree on these issues, the divorce can quickly turn into a high-conflict case.

## Disputes Over Children Often Drive Conflict

Many high-conflict divorces focus on disagreements about children. Parents might have very different opinions about parenting schedules, schooling, healthcare, activities, or moving to a new place.

Illinois courts decide parental responsibilities and parenting time based on what is best for the child, following [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). In high-conflict cases, both parents may feel their way is best. These disagreements can require lots of evidence, witnesses, and court involvement before they are resolved. If parents stop communicating, even simple parenting decisions can turn into arguments.

### Financial Disputes Frequently Escalate Divorce Litigation

Money is another frequent cause of conflict. High-conflict divorces often include arguments about dividing property, business ownership, retirement savings, investments, real estate, debts, and income. on the circumstances rather than automatically divided equally.

Problems can come up if one spouse thinks assets are being hidden, undervalued, or moved unfairly. Sometimes, a detailed financial review is needed to figure out everything that belongs to the marriage.

### Communication Problems Can Intensify The Process

A common issue in many high-conflict divorces is poor communication. Even simple talks can become arguments, and routine decisions can turn into big disagreements.

When communication is poor, legal costs often go up because problems that could be solved by talking end up in court. This can also hurt co-parenting relationships long after the divorce is over, particularly when children are involved. However, cooperation can be difficult when trust has completely broken down.

### Temporary Orders Often Play A Significant Role

In high-conflict cases, temporary court orders are often needed. These orders can cover parenting schedules, support payments, who stays in the home, paying bills, or other issues while the divorce is still going on.

Temporary orders help create structure and stability during the divorce process. They also set clear rules that both sides must follow while the case moves forward.

### Emotional Issues Often Affect Legal Decisions

Divorce is a legal process, but emotions often play a big role in decisions. Feelings like anger, frustration, fear, and resentment can make it harder to reach agreements.

One of the most important goals in a high-conflict divorce is maintaining focus on long-term objectives rather than short-term emotions. Decisions made during the divorce may affect finances, parenting arrangements, and future opportunities for many years.

Careful planning and sound legal guidance often help individuals avoid decisions that may create unnecessary complications.

### Resolving High-Conflict Cases

Although high-conflict divorces can be challenging, many eventually settle through negotiation, mediation, or court proceedings. Every case presents unique facts and legal issues.

A strong legal strategy often involves gathering evidence, understanding the applicable law, protecting important rights, and pursuing practical solutions whenever possible.

## High Conflict Divorce FAQs

### 
What Makes A Divorce High Conflict?

A high-conflict divorce generally involves significant disagreements regarding children, finances, property division, support, or other major issues. Communication problems and repeated court involvement are also common.

### Are High-Conflict Divorces More Expensive?

They often are. Contested issues may require additional hearings, discovery, expert evaluations, and court appearances, which can increase legal costs.

### How Does Illinois Decide Parenting Issues?

Illinois courts determine parental responsibilities and parenting time based on the child’s best interests under 750 ILCS 5/602.5 and 750 ILCS 5/602.7.

### Can A High-Conflict Divorce Be Settled Without Trial?

Yes. Many high-conflict divorces ultimately settle through negotiation, mediation, or other dispute resolution methods before reaching trial.

### What Happens If A Spouse Hides Assets?

Illinois courts take financial disclosure obligations seriously. Hidden assets may result in legal consequences and can affect property division decisions.

### Why Are Temporary Orders Important?

Temporary orders establish rules and responsibilities while the divorce is pending. They may address parenting schedules, support payments, living arrangements, and other important issues.

### Does Illinois Divide Property Equally?

Not necessarily. Under 750 ILCS 5/503, marital property is divided equitably, meaning fairly based on the circumstances of the case.

### How Can I Reduce Conflict During Divorce?

Maintaining focus on long-term goals, keeping accurate records, following court orders, and obtaining experienced legal guidance can often help reduce unnecessary conflict.

## Contact Our Illinois Divorce Law Attorney For Your Free Phone Consultation 

High-conflict divorces require careful preparation, strategic planning, and strong legal advocacy. At Gordon & Perlut, LLC, we help clients protect their rights and interests during some of the most challenging family law disputes. Our legal team works to address parenting issues, financial concerns, property division matters, and other contested issues while pursuing the best possible outcome for our clients.

If you are involved in a high-conflict divorce or anticipate significant disputes during the divorce process, contact our [Chicago divorce law attorneys](https://familylawadvocate.com/divorce/) at our [Chicago](https://www.chicago.gov/city/en.html) office at [312-360-0250](tel:13123600250) or our [Skokie](https://www.skokie.org/) office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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**Tags:** What High-Conflict Divorces Look Like In Illinois

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### [Preparing For Divorce When You Own A Business In Illinois](https://familylawadvocate.com/preparing-for-divorce-when-you-own-a-business-in-illinois/)

**Published:** July 20, 2026
**Author:** familylawadvocate

**Content:**

Divorce can be much more complicated when you own a business. For many couples, a business is one of their most valuable assets and reflects years of effort and investment. If you are facing divorce, you may be concerned about how to protect your company while following Illinois divorce laws. You might have questions about how your business will be valued, who owns what, how income is handled, and whether the business will be divided. Being well-prepared can make a big difference in your case. Learning how Illinois courts handle business ownership in divorce is a key first step to protecting your future.

Illinois divorce cases follow the Illinois Marriage and Dissolution of Marriage Act. Property division is covered by [750 ILCS 5/503](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K503.htm). Illinois uses equitable distribution, so marital property is divided fairly based on each case, not always split equally. Whether your business is seen as marital property, non-marital property, or a mix of both can greatly affect your divorce outcome.

## Determining Whether The Business Is Marital Property

One of the first things to figure out is whether your business, or part of it, counts as marital property. Usually, property gained during the marriage is considered marital property under 750 ILCS 5/503. But when a business is involved, things can get more complicated.

For instance, if you started your business before getting married, it may be seen as non-marital property at first. But if you used marital money, effort, or worked together to grow the business during your marriage, your spouse may have a marital interest in it. Figuring out how much of the business is marital often means carefully reviewing financial records and how the business was run.

### The Importance Of Business Valuation

Before a business can be divided, its value must be determined. Figuring out what a business is worth is often one of the most debated parts of a divorce when a business is involved.

Business valuation may involve reviewing:

- Financial statements
- Tax returns
- Profit and loss reports
- Business assets
- Business liabilities
- Customer contracts
- Future earning potential

If your business is complex, you may need financial experts to help figure out its value. The value given to your business can have a big impact on how property is divided and what the court decides.

### Separating Personal And Business Finances

If you are a business owner getting ready for divorce, make sure your financial records are organized and complete. Mixing personal and business finances is a common issue that can make things more complicated.

Keeping accurate records helps show your company’s financial health and can reduce arguments about income, expenses, and business value. Good documentation also makes it easier to prove which assets belong to the business and which belong to you personally.

### Income Issues Often Receive Close Scrutiny

Owning a business often raises extra questions about income. Unlike regular jobs, business owners might get paid through salary, distributions, bonuses, retained earnings, or other ways.

Your income can affect things like spousal maintenance under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm) and child support under [750 ILCS 5/505](https://ilga.gov/documents/legislation/ilcs/documents/075000050K505.htm). Courts will look closely at your business records to figure out your real income and earning ability. That’s why it’s so important to keep your financial reporting accurate during the divorce process.

### Protecting The Future Of The Business

Many business owners are concerned about maintaining operational stability during and after the divorce. Employees, customers, vendors, and business partners may be affected if the divorce creates uncertainty regarding ownership or management.

Advance planning can help minimize disruptions. Buy-sell agreements, operating agreements, shareholder agreements, and other governing documents may play an important role in protecting business interests. A thoughtful legal strategy can help address both family law concerns and long-term business objectives.

### Avoiding Costly Mistakes

One of the biggest mistakes business owners make is attempting to transfer assets, alter records, or make unusual financial decisions before a divorce. Courts expect honesty and transparency during divorce proceedings.

Actions that appear designed to conceal assets or manipulate business value may create significant legal problems. Maintaining accurate records and seeking legal guidance early often helps avoid unnecessary complications.

## Divorce With A Family Business FAQs

### 
Will My Spouse Automatically Receive Half Of My Business In A Divorce?

Not necessarily. Illinois follows equitable distribution under 750 ILCS 5/503. The court considers numerous factors when determining how property should be divided.

### What If I Started My Business Before I Got Married?

A business started before marriage may initially be considered non-marital property. However, growth in value during the marriage and contributions from marital efforts may create a marital interest.

### How Is A Business Valued During Divorce?

Valuation may involve reviewing financial records, assets, liabilities, revenue, expenses, contracts, and future earning potential. Professional valuation experts are often involved in complex cases.

### Can My Business Affect Spousal Maintenance?

Yes. Business income may be considered when determining maintenance under 750 ILCS 5/504 and other financial issues within the divorce.

### What Financial Records Should I Gather?

Important records may include tax returns, profit and loss statements, balance sheets, payroll records, bank statements, ownership documents, and business agreements.

### Can A Divorce Disrupt Business Operations?

It can. Ownership disputes, valuation issues, and financial concerns may affect operations. Proper planning often helps reduce disruption and uncertainty.

### What Happens If Personal And Business Finances Are Mixed Together?

Commingling finances can make valuation and property division more complicated. Accurate records are important when distinguishing business assets from personal assets.

### Should I Transfer Business Assets Before Filing For Divorce?

Generally, no. Unusual transfers or attempts to move assets may create legal problems and could negatively affect the outcome of the case.

## Contact Our Divorce Law Firm For A Free Consultation

Divorce involving a business requires careful planning and a thorough understanding of Illinois family law. At Gordon & Perlut, LLC, we help business owners protect their interests while addressing the financial and legal issues that accompany divorce. Our legal team works closely with clients to develop strategies designed to preserve business value and pursue favorable outcomes.

If you own a business and are considering divorce, contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). If you believe your spouse may be preparing to file for divorce, timely legal guidance is essential. Gordon & Perlut, LLC represents clients in [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and throughout Illinois with clear strategy and steady advocacy.

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### [How Communication Breakdowns Lead To Divorce In Illinois Marriages](https://familylawadvocate.com/how-communication-breakdowns-lead-to-divorce-in-illinois-marriages/)

**Published:** July 15, 2026
**Author:** familylawadvocate

**Content:**

Most marriages do not end because of one event. Instead, they often break down over time as communication becomes strained or stops altogether. Small misunderstandings can turn into bigger problems when spouses stop listening, avoid tough conversations, or lose touch with each other’s needs. Communication issues can affect all parts of a marriage, like money, parenting, chores, intimacy, and planning for the future. When couples stop communicating for a long time, they may feel alone, frustrated, and emotionally distant. As Illinois divorce attorneys, we often hear from clients who say communication problems were a main reason for their divorce. Knowing how these issues affect relationships and divorce cases can help people get ready for the legal process.

Illinois is a no-fault divorce state. According to [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), the only reason needed for divorce is irreconcilable differences. Often, long-term communication problems lead to these differences. While courts do not usually blame either spouse for the end of a marriage, communication issues are often a big part of why couples split up.

## Communication Problems Often Start Small

Communication problems usually do not happen suddenly. Many couples go through times when work, parenting, money worries, or personal stress make it harder to talk with each other in a meaningful way.

At first, there may just be a few misunderstandings. Over time, though, couples might stop talking about important things. Their conversations get shorter, arguments happen more often, and it gets harder to work out problems. This can lead to emotional distance that is tough to fix.

When spouses do not feel heard or understood, they often become frustrated instead of working together.

### Financial Communication Is Frequently A Source Of Conflict

Money is a common source of arguments in marriage. Not talking openly about spending, debt, savings, investments, or financial goals can cause a lot of stress.

Some people avoid talking about money because they do not want to argue. Others might hide debts, purchases, or financial choices. These problems usually get worse over time.

During a divorce, being open about finances is very important. In Illinois, property is divided according to 750 ILCS 5/503, and both spouses usually have to share accurate financial information. If couples have trouble talking about money, it can make this process harder and lead to more arguments.

### Parenting Disagreements Can Intensify Communication Problems

Parents often see things differently when it comes to discipline, school, health care, activities, and daily routines. Good communication helps them work through these differences and make choices together.

When parents stop communicating well, they may argue more about parenting and find it harder to agree. This can add stress at home and affect the children.

If a divorce occurs, Illinois courts allocate parental responsibilities and parenting time under 750 ILCS 5/602.5 and 750 ILCS 5/602.7. A history of poor communication between parents may become relevant when developing parenting arrangements.

### Emotional Distance Can Lead To Irreconcilable Differences

Many spouses describe a gradual loss of emotional connection before divorce. They may continue living together and handling daily responsibilities while feeling increasingly disconnected from one another.

If couples only talk about schedules, bills, or chores, their emotional bond can get weaker. Without real conversations and understanding, it is hard for them to solve problems or rebuild trust.

Over time, these issues may contribute to the irreconcilable differences that ultimately lead to divorce.

### Communication Remains Important During Divorce

Even after a divorce is filed, effective communication remains important. Divorce often requires discussions regarding property division, parenting issues, support obligations, and other legal matters.

Maintaining respectful communication can help reduce conflict and improve the likelihood of reaching productive resolutions. While disagreements are common, constructive communication often benefits everyone involved.

## Divorce And Communication FAQs

### Can Communication Problems Alone Lead To Divorce In Illinois?

Yes. Communication breakdowns often contribute to irreconcilable differences, which are the legal basis for divorce under 750 ILCS 5/401. Many marriages end after years of unresolved communication issues.

### Does Illinois Consider Fault When Granting A Divorce?

No. Illinois is a no-fault divorce state. Courts do not require proof that one spouse caused the breakdown of the marriage.

### How Do Communication Problems Affect Child Custody Issues?

Poor communication between parents can make co-parenting more difficult. Courts consider the best interests of the child when allocating parental responsibilities under 750 ILCS 5/602.5 and parenting time under 750 ILCS 5/602.7.

### Can Financial Secrecy Become An Issue During Divorce?

Yes. Financial transparency is important in divorce proceedings. Hidden accounts, undisclosed debts, or incomplete financial disclosures may create additional legal disputes.

### Will The Court Consider Text Messages And Emails?

In some cases, electronic communications may become relevant evidence. Text messages, emails, and other communications can sometimes help establish facts related to financial issues, parenting disputes, or other matters.

### Can Counseling Prevent Divorce Caused By Communication Problems?

For some couples, counseling may improve communication and help address underlying issues. Every relationship is different, and the effectiveness of counseling depends on the circumstances involved.

### What Happens If Spouses Cannot Communicate During The Divorce Process?

Attorneys, mediators, and court procedures often help facilitate discussions when direct communication becomes difficult. Legal representation can help protect your interests while addressing important issues.

### Is Poor Communication Relevant To Property Division?

Indirectly, yes. Communication problems may contribute to financial disputes, but property division itself is governed by Illinois law and the factors outlined in 750 ILCS 5/503.

## Contact Gordon & Perlut, LLC For Your Free Telephone Consultation

Communication breakdowns often play a major role in the end of a marriage. At Gordon & Perlut, LLC, we help clients understand their rights, protect their interests, and move forward with confidence during the divorce process. Whether your case involves property division, parenting issues, support concerns, or other family law matters, our legal team is committed to helping you pursue the best possible outcome.

If you are considering divorce or have questions about your legal rights, call Gordon & Perlut, LLC for a free phone consultation. Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our [Chicago](https://www.chicago.gov/city/en.html) office at [312-360-0250](tel:13123600250) or our [Skokie](https://www.skokie.org/) office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout the State of Illinois.

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### [New Study Shows Divorce Hurts Retirement Finances but Single Women Fare Better](https://familylawadvocate.com/new-study-shows-divorce-hurts-retirement-finances-but-single-women-fare-better/)

**Published:** August 6, 2018
**Author:** familylawadvocate

**Content:**

## **The Long-Term Financial Impact of Divorce in Illinois**

For many people, retirement represents decades of careful planning, disciplined saving, and the hope of financial security later in life. When a marriage ends, however, those carefully developed retirement plans often need to be completely reevaluated. Dividing one household into two can significantly affect retirement savings, future income, housing decisions, healthcare costs, and overall financial stability.

If you are considering divorce in Illinois, it is natural to worry about whether you will have enough money to retire comfortably. While divorce almost always affects long-term financial planning, the outcome depends on many factors, including the length of the marriage, each spouse’s earning capacity, the assets accumulated during the marriage, and how property is divided during the divorce.

[Recent research](https://www.cnbc.com/2023/03/08/retirement-security-is-up-for-single-women-down-for-wives.html) continues to show that divorce generally reduces retirement wealth for both spouses because the same pool of assets must now support two separate households. At the same time, studies also demonstrate that thoughtful financial planning and strategic property division can help many divorced individuals maintain long-term financial security.

An experienced Chicago divorce attorney can help protect your financial interests while ensuring that retirement assets are divided fairly under Illinois law.

## **Divorce Can Significantly Change Your Retirement Plans**

One of the most important financial realities of divorce is that it is generally more expensive to maintain two households than one.

During a marriage, spouses typically share housing costs, utilities, insurance, taxes, and many day-to-day living expenses. After divorce, each spouse must independently pay for housing and other living costs while relying on only a portion of the marital assets.

This financial transition often requires both parties to reconsider retirement timelines, investment strategies, and future spending habits.

Divorce does not necessarily prevent someone from enjoying a comfortable retirement, but it frequently requires careful planning to adjust to new financial circumstances.

## **Retirement Assets Are Often Among the Largest Marital Assets**

For many couples, retirement accounts represent one of the most valuable assets accumulated during the marriage.

Depending on the circumstances, retirement assets may include:

- 401(k) plans
- Individual Retirement Accounts (IRAs)
- Traditional pension plans
- Government pensions
- Military retirement benefits
- Deferred compensation plans
- Profit-sharing plans
- Executive retirement accounts
- Annuities

Under Illinois law, retirement benefits earned during the marriage are generally considered marital property, regardless of which spouse’s name appears on the account.

As a result, retirement assets are frequently divided during divorce along with other marital property.

## **Illinois Uses Equitable Distribution**

Illinois follows the doctrine of equitable distribution rather than automatic equal division.

This means marital property is divided fairly, although not necessarily equally.

When determining how marital assets should be divided, courts may consider numerous factors, including:

- The length of the marriage.
- Each spouse’s financial circumstances.
- Contributions made by each spouse during the marriage.
- Future earning capacity.
- Age and health of each spouse.
- Existing retirement assets.
- Custodial responsibilities involving children.
- The overall division of marital property.

Because every divorce is unique, retirement assets are often evaluated as part of the larger financial picture rather than being divided in isolation.

## **Divorce Often Reduces Retirement Wealth**

Financial researchers have consistently found that divorce tends to reduce retirement readiness for many Americans.

Several factors contribute to this outcome.

First, dividing retirement accounts means each spouse begins the next stage of life with fewer retirement assets than the couple previously shared.

Second, maintaining two households generally increases overall living expenses.

Third, divorce often occurs during peak earning years or shortly before retirement, leaving less time to rebuild retirement savings.

Finally, legal fees, moving expenses, refinancing mortgages, and establishing separate households can further reduce available assets.

Although these financial challenges are real, careful planning can significantly improve long-term financial outcomes.

## **What Research Says About Retirement After Divorce**

Numerous studies examining retirement readiness have concluded that divorced individuals generally face greater financial challenges during retirement than married couples.

Researchers have found that households experiencing divorce often accumulate less overall wealth because assets are divided and future savings opportunities may be reduced.

Some studies also suggest divorced individuals face a somewhat greater risk of exhausting retirement savings later in life, particularly if retirement planning is not revisited after the divorce.

However, researchers consistently emphasize that individual outcomes vary considerably based on education, income, asset levels, career history, and financial planning decisions.

Divorce itself is not the only factor determining retirement security.

## **Why Some Divorced Women May Be Better Prepared Than Expected**

Earlier research often suggested women experienced greater financial hardship following divorce because of wage disparities, career interruptions related to raising children, and lower lifetime earnings.

While many women certainly face significant financial challenges following divorce, more recent research presents a more nuanced picture.

Some studies have found that divorced women may perform better than expected in retirement planning under certain circumstances.

One explanation involves home ownership.

When a divorced spouse retains the marital residence, continued ownership may allow that individual to build substantial home equity over time.

Depending on housing market conditions, mortgage payments, and future appreciation, home equity may become an important financial resource during retirement.

That does not mean keeping the marital home is always the best financial decision.

Rather, it illustrates that each asset should be evaluated carefully within the context of a person’s complete financial picture.

## **Should You Keep the Marital Home?**

Many spouses understandably wish to remain in the family home after divorce.

For some families, keeping the home provides stability for children and preserves important emotional connections.

From a financial standpoint, however, the decision is more complicated.

Keeping the home also means assuming responsibility for:

- Mortgage payments
- Property taxes
- Homeowners insurance
- Maintenance costs
- Repairs
- Utilities
- Future capital improvements

Although a home may appreciate significantly over time, it may also become financially burdensome if monthly expenses exceed available income.

Before deciding whether to retain the marital residence, it is important to carefully evaluate both its emotional value and its long-term financial implications.

## **Retirement Planning Should Continue After Divorce**

One of the biggest mistakes people make during divorce is focusing exclusively on the immediate property settlement while overlooking long-term retirement planning.

Following divorce, individuals should carefully review:

- Retirement savings goals
- Investment allocations
- Beneficiary designations
- Estate planning documents
- Insurance coverage
- Social Security planning
- Healthcare expenses
- Long-term care planning
- Monthly retirement budgets

Updating these financial plans soon after divorce can help improve long-term financial security.

## **Qualified Domestic Relations Orders (QDROs)**

Many employer-sponsored retirement plans cannot simply be divided through a divorce judgment alone.

Instead, division often requires a Qualified Domestic Relations Order (QDRO).

A QDRO is a court order that directs a retirement plan administrator to divide retirement benefits according to the terms approved during the divorce.

Without a properly prepared QDRO when required, transferring retirement assets can become significantly more complicated and may even result in unnecessary taxes or penalties.

An experienced divorce attorney can help ensure retirement assets are transferred properly.

## **Don’t Focus Only on Today’s Value**

Retirement accounts should never be evaluated solely based on their current account balances.

Different retirement assets have different tax consequences.

For example:

- Traditional 401(k) accounts are generally taxable upon withdrawal.
- Roth IRAs may offer tax-free qualified distributions.
- Pension plans provide future income streams rather than lump-sum balances.
- Brokerage accounts may have capital gains implications.

Two accounts with identical balances today may have substantially different after-tax values in retirement.

Proper financial analysis is essential before agreeing to any property settlement.

## **Frequently Asked Questions About Divorce and Retirement**

### **Will my spouse automatically receive half of my retirement account?**

Not necessarily. Illinois follows equitable distribution rather than automatic equal division. The court considers numerous factors when dividing marital property, including retirement assets.

### **Are retirement accounts earned before marriage divided?**

Generally, retirement benefits accumulated before the marriage may remain non-marital property, although contributions made during the marriage and appreciation attributable to marital contributions may be subject to division depending on the circumstances.

### **Can I keep my pension after divorce?**

Possibly. Many property settlements involve negotiating different assets rather than dividing every individual account equally. Each case depends upon the couple’s overall financial circumstances.

### **Is keeping the family home always the best financial decision?**

No. While homeownership may provide long-term equity, it also carries significant ongoing expenses. Every family’s financial situation should be evaluated individually before making this important decision.

### **What is a Qualified Domestic Relations Order?**

A Qualified Domestic Relations Order (QDRO) is a court order commonly used to divide certain employer-sponsored retirement plans during divorce without triggering unnecessary tax consequences.

### **Should I consult both an attorney and a financial advisor?**

Yes. Divorce often involves legal, financial, tax, and retirement planning issues. Working with experienced professionals can help you make informed decisions that support your long-term financial goals.

## **Protect Your Retirement During Divorce**

The decisions you make during your divorce can affect your financial security for decades to come. Property division involves much more than determining who receives specific assets—it requires careful consideration of future retirement income, tax consequences, investment growth, housing decisions, and long-term financial stability.

At Gordon & Perlut, our experienced [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) understand the complex financial issues involved in divorce, including the division of retirement accounts, pensions, investment assets, real estate, and other significant marital property. We work closely with our clients to develop practical legal strategies designed to protect both their immediate interests and their long-term financial future.

If you are considering divorce or have questions about how your retirement assets may be affected, contact Gordon & Perlut today at our Chicago office at 312-360-0250 or call our Skokie office at  847-329-0101 to[ schedule a confidential consultation](https://familylawadvocate.com/contact-us/). We can explain your rights under Illinois law and help you pursue a fair and equitable financial resolution that positions you for long-term success.

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### [How Long Will My Chicago Divorce Take?](https://familylawadvocate.com/how-long-will-my-chicago-divorce-take/)

**Published:** September 4, 2018
**Author:** familylawadvocate

**Content:**

## **Understanding the Illinois Divorce Timeline**

One of the first questions people ask when considering divorce is, “How long will this take?” Unfortunately, there is no one-size-fits-all answer. Some Illinois divorces can be finalized in a matter of weeks after the necessary paperwork is completed, while others may take several months or even longer depending on the complexity of the case.

The timeline for your divorce will depend on numerous factors, including whether you and your spouse agree on important issues, whether you have children, the complexity of your finances, the court’s schedule, and whether contested issues require hearings or a trial.

Understanding what affects the divorce process can help you establish realistic expectations and make informed decisions as your case moves forward. An experienced Chicago divorce attorney can also help identify opportunities to resolve disputes efficiently while protecting your legal rights.

## **Is There a Waiting Period for Divorce in Illinois?**

[Illinois is a no-fault divorce state](https://www.isba.org/public/guide/gettingadivorce), meaning that spouses no longer have to prove wrongdoing such as adultery, abandonment, or cruelty to obtain a divorce. Instead, a divorce may be granted based upon “irreconcilable differences,” meaning the marriage has suffered an irretrievable breakdown and attempts at reconciliation would not be in the family’s best interests.

Unlike many states, Illinois does not impose a mandatory waiting period after filing before every divorce can be finalized. However, certain legal requirements must be satisfied before the court may enter a Judgment for Dissolution of Marriage.

## **Illinois Residency Requirements**

Before an Illinois court can grant a divorce, at least one spouse must have been a resident of Illinois or stationed in Illinois as a member of the armed forces for [at least 90 days before the judgment of dissolution is entered.](https://www.19thcircuitcourt.state.il.us/2130/Dissolution-of-MarriageDivorce)

This residency requirement determines whether the Illinois courts have jurisdiction to grant the divorce. Even if your spouse lives in another state, you may still be able to file in Illinois if you satisfy the residency requirement.

Military families and spouses who recently relocated should speak with an experienced divorce attorney to determine where their divorce should be filed.

## **Do You Still Have to Live Separate and Apart?**

Many people mistakenly believe they must live in separate homes for six months before filing for divorce. That is no longer entirely accurate.

Under current Illinois law, spouses must demonstrate that irreconcilable differences caused the irretrievable breakdown of the marriage. If both spouses agree that the marriage cannot be saved, the court may enter a divorce without requiring an extended period of physical separation.

If one spouse disputes whether irreconcilable differences exist, evidence that the spouses have lived separate and apart for at least six continuous months creates an irrebuttable presumption that the marriage has irretrievably broken down.

Importantly, “living separate and apart” does not always require maintaining separate residences. Depending upon the circumstances, spouses may be considered living separate and apart even while residing in the same home if the marital relationship has effectively ended.

Because every family’s circumstances are unique, an attorney can explain how these rules apply to your particular situation.

## **Uncontested Divorces Usually Move Faster**

The single biggest factor affecting how long a divorce takes is whether it is contested or uncontested.

In an uncontested divorce, both spouses reach agreements regarding every issue that must be resolved before the marriage can legally end.

These issues may include:

- Division of marital property
- Allocation of marital debts
- Parenting responsibilities
- Parenting time schedules
- Child support
- Spousal maintenance
- Health insurance issues
- Retirement accounts
- Attorney’s fees

Once all agreements are reached and the necessary documents are prepared correctly, an uncontested divorce can often be finalized much more quickly than a contested case.

Although every county’s court schedule differs, uncontested divorces generally require fewer hearings and significantly less court involvement.

## **Contested Divorces Take Longer**

When spouses disagree on one or more significant issues, the divorce becomes contested.

Even disagreements involving a single issue—such as parenting time, the value of a business, or spousal maintenance—may require additional legal proceedings before the court can enter a final judgment.

Contested divorces often involve:

- Discovery requests
- Financial document exchanges
- Depositions
- Business or property valuations
- Vocational evaluations
- Child custody evaluations when appropriate
- Mediation
- Temporary hearings
- Settlement conferences
- Trial preparation
- Court appearances

Each additional step adds time to the overall divorce process.

## **Cases Involving Children Often Require Additional Time**

When children are involved, Illinois courts prioritize protecting their best interests.

Parents must resolve issues concerning:

- Allocation of parental responsibilities
- Parenting time schedules
- Holiday schedules
- Decision-making authority
- Child support
- Healthcare responsibilities
- Educational issues
- Transportation arrangements

Illinois courts often encourage parents to negotiate parenting agreements whenever possible. In many counties, mediation is required before certain parenting disputes proceed to trial.

Although these additional procedures may increase the length of the case, they often help parents develop long-term parenting arrangements that reduce future conflict.

## **Complex Financial Issues Can Extend the Timeline**

The more complicated a couple’s financial circumstances, the longer a divorce may take.

Cases involving significant marital estates frequently require careful investigation before settlement negotiations can occur.

Examples include:

- Closely held businesses
- Professional practices
- Multiple real estate holdings
- Retirement accounts
- Investment portfolios
- Executive compensation
- Stock options
- Deferred compensation plans
- Family trusts
- Hidden or disputed assets

Financial experts, forensic accountants, appraisers, and business valuation professionals may all become involved depending upon the complexity of the marital estate.

## **The Discovery Process**

Discovery is the formal legal process through which both spouses obtain information and documents relevant to the divorce.

Discovery may include:

- Written interrogatories
- Requests for production of documents
- Requests to admit facts
- Financial affidavits
- Employment records
- Tax returns
- Bank statements
- Credit card records
- Business records
- Depositions

If one spouse delays responding or disputes arise over requested information, discovery can significantly increase the overall timeline of the divorce.

## **Can Mediation Speed Up a Divorce?**

In many cases, yes.

Mediation allows spouses to work with a [neutral third-party mediator](https://familylawadvocate.com/family-law/mediation/) who helps facilitate productive discussions regarding disputed issues.

Rather than allowing a judge to decide every disagreement, mediation gives couples greater control over the outcome while often reducing litigation costs and shortening the overall timeline.

Even if mediation does not resolve every issue, narrowing the areas of disagreement frequently results in a more efficient court process.

## **Court Scheduling Can Affect Your Divorce**

Even when both spouses are prepared to move forward, court scheduling can influence how quickly a divorce is finalized.

[The Cook County Circuit Court](https://www.cookcountycourtil.gov/) handles thousands of family law cases every year. Hearing availability, judicial assignments, continuances, emergency matters, and courtroom scheduling all affect the timing of individual cases.

An experienced attorney understands local court procedures and can help move your case forward as efficiently as possible.

## **What Can You Do to Help Your Divorce Move More Quickly?**

Although many factors are outside your control, there are several ways you can help avoid unnecessary delays.

Promptly responding to your attorney’s requests for information, organizing financial records, completing required court documents, and remaining open to reasonable settlement discussions can all help your case proceed more efficiently.

Maintaining respectful communication with your spouse whenever possible can also reduce unnecessary disputes that prolong litigation.

Finally, hiring an experienced divorce attorney early in the process can help identify potential issues before they become costly delays.

## **Frequently Asked Questions About Divorce in Illinois**

### **How long does an uncontested divorce take in Illinois?**

Every case is different, but uncontested divorces generally move much faster than contested divorces because the spouses have already reached agreements regarding all major issues. Court scheduling and document preparation still affect the final timeline.

### **How long can a contested divorce take?**

Contested divorces may take several months or longer depending on the complexity of the issues, the amount of discovery required, court scheduling, and whether the case proceeds to trial.

### **Can my spouse delay the divorce?**

While a spouse may delay certain aspects of the litigation through contested issues or discovery disputes, Illinois courts have procedures designed to move cases forward. An experienced attorney can address unnecessary delays and advocate for efficient case management.

### **Does having children make divorce take longer?**

Often, yes. Cases involving children require resolution of parenting responsibilities, parenting time, child support, and other issues that frequently require additional negotiation, mediation, or court hearings.

### **Will mediation speed up my divorce?**

Many couples resolve disputes more quickly through mediation than through litigation. Successful mediation often reduces court appearances and allows spouses to reach mutually acceptable agreements.

### **Should I hire an attorney even if my divorce seems simple?**

Even relatively straightforward divorces can involve significant legal rights and financial consequences. An experienced divorce attorney can ensure that settlement agreements comply with Illinois law and protect your interests both now and in the future.

## **Speak With Our Experienced Chicago Divorce Attorneys**

Every divorce is different, and the timeline for your case depends on the unique facts surrounding your marriage, your finances, and your family. Whether you expect an uncontested divorce or anticipate complex disputes involving children or significant assets, having experienced legal representation can help you navigate the process more efficiently while protecting your rights every step of the way.

At Gordon & Perlut, our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) understand that uncertainty about the future can be overwhelming. We work closely with our clients to explain each stage of the divorce process, develop practical legal strategies, and pursue timely resolutions whenever possible without compromising our clients’ long-term interests.

If you are considering divorce or have questions about what to expect, [contact Gordon & Perlut](https://familylawadvocate.com/contact-us/) at our Chicago office at 312-360-0250 or call our Skokie office at  847-329-0101 today to schedule a confidential consultation. We can evaluate your circumstances, explain the Illinois divorce process, and help you understand the factors that may affect the timeline of your case.

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### [Is a "Likelihood of Divorce" Really Inherited?](https://familylawadvocate.com/is-a-likelihood-of-divorce-really-inherited/)

**Published:** July 17, 2019
**Author:** familylawadvocate

**Content:**

## **Are Children of Divorced Parents More Likely to Divorce? What Current Research Says**

Many people who grew up in divorced families worry that their parents’ experience may somehow predict their own future. It is not uncommon for individuals entering marriage to ask whether they are “destined” to divorce because their parents divorced or whether divorce tends to run in families.

For decades, researchers have studied what is commonly called the “intergenerational transmission of divorce”—the idea that children whose parents divorced may be more likely to experience divorce themselves as adults. While numerous studies have found an association between parental divorce and an increased likelihood of divorce in the next generation, today’s research paints a much more balanced picture than it did years ago.

Modern family researchers generally agree that divorce is not inherited in the way eye color or certain medical conditions are inherited. Instead, divorce outcomes are influenced by a complex interaction of family experiences, relationship skills, communication patterns, personality, mental health, financial stability, childhood experiences, education, and many other factors. Just because someone’s parents divorced does not mean their own marriage is destined to fail.

Understanding what researchers have learned can help individuals enter marriage with realistic expectations and help couples build stronger, healthier relationships.

## **Does Divorce Run in Families?**

Research has consistently shown that adults whose parents divorced may face a somewhat higher statistical likelihood of divorce compared to adults whose parents remained married. However, statistics describe trends across large populations—they do not predict what will happen in any individual marriage.

Family researchers emphasize that the increased risk associated with parental divorce has declined over time, and many people from divorced families enjoy long-lasting, healthy marriages.

Rather than viewing divorce as something that is “passed down,” most experts now believe that family experiences may influence how individuals approach relationships, conflict resolution, trust, communication, and commitment. These learned behaviors can sometimes affect future relationships, but they can also be recognized, addressed, and changed.

In other words, your family history is only one small piece of a much larger picture.

## **What Is the “Intergenerational Transmission of Divorce”?**

Sociologists and family psychologists often use the phrase “[intergenerational transmission of divorce](https://pmc.ncbi.nlm.nih.gov/articles/PMC9950316/)” to describe the statistical relationship between parental divorce and adult relationship outcomes.

This concept does not suggest that children automatically repeat their parents’ choices. Instead, it recognizes that children learn about relationships from the environment in which they grow up.

Parents serve as children’s earliest examples of communication, conflict management, affection, compromise, and problem-solving. Whether those examples are positive or negative, they often shape expectations about marriage and intimate relationships.

Fortunately, those early experiences do not permanently define someone’s future. Many adults intentionally develop healthier relationship habits than those they observed during childhood.

## **Why Might Children of Divorce Face Greater Relationship Challenges?**

Researchers continue to debate exactly why children of divorced parents sometimes experience higher divorce rates themselves. Most experts believe multiple factors—not one single cause—contribute to the trend.

### **Relationship Modeling**

Children often learn relationship behaviors by observing their parents.

In homes where conflict was frequent, communication was poor, or the marriage ended in divorce, children may have fewer opportunities to observe healthy conflict resolution or long-term problem-solving within a committed relationship.

Conversely, individuals raised by parents who successfully worked through disagreements may develop different expectations about how healthy marriages function.

This does not mean children of divorce cannot learn effective relationship skills. Many do so through healthy adult relationships, counseling, education, mentors, and life experience.

### **Attitudes Toward Marriage**

Growing up in a divorced family may influence how someone views marriage itself.

Some individuals become more cautious before marrying and spend additional time evaluating compatibility with a future spouse. Others may develop concerns about long-term commitment or fear that divorce is inevitable.

Interestingly, researchers have found that many children of divorce become especially motivated to build strong marriages because they want different outcomes than they experienced growing up.

### **Communication and Conflict Resolution**

Every couple experiences disagreements.

Researchers have long emphasized that healthy marriages are not defined by the absence of conflict but by how couples manage disagreements.

Adults who did not witness constructive conflict resolution during childhood sometimes benefit from learning communication skills, emotional regulation, and collaborative problem-solving before or during marriage.

Relationship education and counseling have helped many couples strengthen these skills regardless of their family background.

## **Does Father Involvement Matter?**

Some researchers have explored whether the quality of a child’s relationship with both parents influences future relationship outcomes.

Rather than focusing solely on divorce itself, many studies now examine the level of parental involvement after separation.

Children who maintain strong, healthy relationships with both parents often experience better emotional outcomes than children who lose meaningful contact with one parent following divorce.

Researchers have suggested that consistent parental involvement, emotional support, stability, and healthy co-parenting may reduce many of the negative effects commonly associated with high-conflict divorces.

These findings highlight the importance of focusing on children’s long-term well-being during and after divorce.

## **Could Genetics Play a Role?**

Some researchers have examined whether certain personality traits associated with relationship stability may have genetic components.

For example, characteristics involving emotional regulation, impulsivity, or stress management may influence relationship satisfaction.

However, no credible research suggests that divorce itself is inherited genetically.

Instead, experts generally agree that genetics may interact with personality, life experiences, family dynamics, education, mental health, and environmental factors to shape relationship outcomes.

Even if certain personality traits have hereditary components, individuals retain the ability to develop healthier communication patterns and relationship skills throughout adulthood.

## **Research Suggests the Divorce Gap Is Narrowing**

One of the most encouraging developments in family research is that the [difference between children of divorced parents and children of continuously married parents appears to have decreased](https://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/2004_2/p2.html) over time.

Earlier studies often suggested that children of divorced parents faced substantially higher divorce rates themselves.

More recent research indicates that although a modest statistical association may still exist, the gap has narrowed considerably.

Researchers believe several factors may explain this trend.

### **People Are Waiting Longer to Marry**

Today’s couples generally marry later than previous generations.

Older age at first marriage is associated with greater emotional maturity, financial stability, and relationship experience, all of which may contribute to more stable marriages.

Individuals who grew up in divorced families may also spend more time evaluating long-term compatibility before marrying.

### **Society’s View of Divorce Has Changed**

Divorce carries far less social stigma than it once did.

Ironically, some researchers believe this change may reduce pressure on individuals to remain in unhealthy relationships while also encouraging more thoughtful decisions about marriage in the first place.

Many adults who experienced parental divorce actively seek relationship education or counseling before marriage because they want to avoid repeating unhealthy patterns.

### **Greater Awareness of Healthy Relationships**

Today’s couples have unprecedented access to relationship education through books, counseling, online resources, premarital counseling, and mental health professionals.

This increased awareness helps many individuals identify unhealthy behaviors, improve communication, and strengthen relationships regardless of their childhood experiences.

## **Parents Can Help Break the Cycle**

Parents going through divorce often worry about how the experience will affect their children.

Although divorce can certainly be difficult, research consistently shows that the way parents handle the divorce often has a greater impact than the divorce itself.

Parents can help protect their children’s emotional well-being by:

- Minimizing conflict in front of their children.
- Supporting healthy relationships with both parents whenever appropriate.
- Avoiding placing children in the middle of adult disputes.
- Communicating respectfully.
- Providing stability and consistency.
- Reassuring children that the divorce is not their fault.

Healthy co-parenting can significantly reduce many of the long-term emotional challenges children sometimes experience following divorce.

## **Divorce Does Not Define Your Future**

Perhaps the most important takeaway from decades of research is this: having divorced parents does not determine your future.

Many adults from divorced families develop exceptionally healthy, stable, lifelong marriages.

Likewise, many individuals whose parents remained married ultimately experience divorce themselves.

Successful relationships depend on numerous factors, including communication, mutual respect, emotional maturity, shared values, commitment, trust, and the willingness to grow together over time.

Your family history may influence your perspective, but it does not control your choices or your future.

## **Frequently Asked Questions About Children of Divorce**

### **Are children of divorced parents more likely to divorce?**

Research has found a modest statistical association between parental divorce and adult divorce, but that relationship has weakened over time. Most importantly, statistics do not predict the outcome of any individual marriage.

### **Is divorce hereditary?**

No. Divorce is not inherited genetically. Researchers believe relationship outcomes result from a combination of learned behaviors, personality traits, family experiences, communication skills, and many other environmental and personal factors.

### **Can children avoid repeating unhealthy relationship patterns?**

Absolutely. Healthy communication, relationship education, counseling, emotional awareness, and strong role models can help individuals develop successful long-term relationships regardless of their family background.

### **What matters most for children after divorce?**

Research consistently shows that reducing parental conflict, maintaining healthy parent-child relationships, providing stability, and supporting effective co-parenting are among the most important factors affecting children’s long-term well-being.

### **Should parents stay together solely for the children?**

Every family is unique. While stable two-parent households can benefit children, remaining in a marriage characterized by chronic conflict, abuse, or instability may not always serve a child’s best interests. Parents facing these difficult decisions should seek guidance from qualified legal and mental health professionals.

### **Can premarital counseling help?**

Many couples benefit from premarital counseling because it encourages discussions about communication, finances, parenting, conflict resolution, expectations, and long-term goals before marriage.

## **Speak With Our Experienced Chicago Divorce Attorneys**

If you are considering divorce, it is natural to worry about how the process may affect both you and your children. While research shows that family transitions can influence children’s lives, it also demonstrates that thoughtful parenting, healthy co-parenting, and informed legal guidance can help families successfully navigate this challenging period.

At Gordon & Perlut, our experienced [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) understand that every family is unique. We work closely with our clients to protect their parental rights, advocate for the best interests of their children, and pursue practical solutions that promote long-term family stability. Whether your divorce involves parenting time, allocation of parental responsibilities, complex financial issues, or other family law concerns, our legal team is here to provide knowledgeable guidance every step of the way.

Contact Gordon & Perlut today at our Chicago office at 312-360-0250 or call our Skokie office at  847-329-0101 to [schedule a confidential consultation](https://familylawadvocate.com/contact-us/) and learn how we can help you move forward with confidence.

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### [Connections Between Gray Divorce and Women’s Health](https://familylawadvocate.com/connections-between-gray-divorce-and-womens-health/)

**Published:** March 23, 2017
**Author:** familylawadvocate

**Content:**

## **Gray Divorce and Women’s Health: Understanding the Physical and Emotional Effects of Divorce Later in Life**

Divorce at any age can be emotionally challenging, but ending a marriage after decades together often presents a unique set of physical, emotional, financial, and social changes. Commonly referred to as “gray divorce,” [divorce among adults age 50 and older has become increasingly common](https://pmc.ncbi.nlm.nih.gov/articles/PMC3478728/) across the United States. As more couples choose to end long-term marriages later in life, researchers continue to examine how gray divorce affects overall health and well-being.

While divorce is often associated with increased stress and uncertainty, recent research suggests that the relationship between divorce and health is more nuanced than many people realize. For some women, leaving an unhealthy or unhappy marriage may actually lead to improvements in physical health, healthier lifestyle choices, and greater emotional well-being over time. For others, the transition may present challenges that require careful planning, emotional support, and legal guidance.

If you are considering divorce later in life, understanding both the potential health impacts and the legal issues involved can help you make informed decisions about your future.

## **What Is Gray Divorce?**

Gray divorce generally refers to the dissolution of a marriage involving spouses who are age 50 or older. In many cases, these couples have been married for decades, have adult children, own substantial assets, and are approaching or already enjoying retirement.

Unlike divorces involving younger couples, gray divorces often require careful consideration of issues such as:

- Retirement savings and pension division
- Long-term financial security
- Social Security benefits
- Spousal maintenance
- Healthcare coverage
- Estate planning
- Adult family relationships
- Long-term care planning

Because older couples typically have more accumulated assets and fewer working years remaining, the financial consequences of divorce can be particularly significant.

## **Gray Divorce Continues to Rise in America**

Researchers have documented a significant increase in divorce among older adults over the past several decades. While overall divorce rates have declined for younger Americans, the divorce rate for individuals over age 50 has remained substantially higher than it was in previous generations.

Experts attribute this trend to several factors, including:

- Longer life expectancy
- Greater financial independence, particularly among women
- Reduced social stigma surrounding divorce
- Empty nest transitions
- Retirement-related lifestyle changes
- Second and subsequent marriages
- Changing expectations regarding happiness and personal fulfillment

Many individuals are no longer willing to remain in unhappy marriages simply because they have been together for many years.

## **Can Gray Divorce Affect Women’s Health?**

The emotional strain of divorce can certainly affect physical health. However, research suggests that the health effects of gray divorce are not always negative.

A study conducted by researchers at the University of Arizona using data from the Women’s Health Initiative examined how marital transitions affected women between the ages of 50 and 79. Rather than assuming divorce always leads to poorer health outcomes, researchers explored whether significant life changes associated with marriage or divorce influenced behaviors such as exercise, nutrition, weight management, and cardiovascular health.

Their findings suggested that women who experienced divorce later in life often demonstrated modest improvements in certain health indicators during the years immediately following divorce. These improvements were believed to be associated with lifestyle changes rather than divorce itself.

Importantly, these findings should not be interpreted to mean that divorce automatically improves health. Every person’s circumstances are different, and outcomes often depend upon the quality of the marriage, financial stability, emotional support systems, and overall physical health before the divorce.

## **Why Might Some Women Experience Health Improvements After Divorce?**

There is no single explanation, but researchers believe several factors may contribute.

Many women assume greater control over their daily routines following divorce. They may begin preparing healthier meals, exercising more regularly, improving sleep habits, or reducing stress associated with long-term marital conflict.

Women leaving marriages marked by chronic tension, emotional abuse, or ongoing conflict may also experience improvements in blood pressure, anxiety levels, and overall emotional well-being as household stress decreases.

For others, divorce serves as a catalyst for positive lifestyle changes. Many begin prioritizing preventive healthcare, participating in social activities, pursuing hobbies, or focusing on personal wellness after years of placing family responsibilities ahead of their own needs.

These improvements are not universal, but they illustrate that divorce does not necessarily result in declining health for every individual.

## **Marriage Does Not Always Produce Better Health Outcomes**

For decades, researchers generally believed marriage was associated with longer life expectancy and better overall health.

While many healthy marriages certainly provide emotional support, financial stability, and positive health outcomes, more recent research recognizes that the quality of a marriage matters significantly.

A supportive marriage may contribute to improved physical and mental health. Conversely, a marriage characterized by chronic conflict, emotional distress, financial strain, or unhealthy behaviors may negatively affect overall well-being.

This distinction helps explain why some women report feeling healthier and more optimistic after leaving an unhealthy long-term relationship.

## **What Did Researchers Study?**

The University of Arizona researchers analyzed information gathered through the Women’s Health Initiative, one of the nation’s largest long-term studies examining women’s health.

The study followed women between the ages of 50 and 79 and evaluated how changes in marital status affected various health indicators over several years.

Participants generally fell into one of several categories:

- Women who married during the study period.
- Women who entered marriage-like relationships.
- Women who became divorced or separated.
- Women whose marital status remained unchanged.

Researchers evaluated numerous health measures, including:

- Body weight
- Waist circumference
- Blood pressure
- Dietary habits
- Physical activity
- Smoking behaviors
- Alcohol consumption

The researchers observed that women entering marriage often experienced modest weight gain, while women experiencing divorce or separation frequently experienced modest weight loss and, in some cases, improvements in blood pressure.

Again, these findings represent averages across a large population and should not be viewed as predictions for any individual woman.

## **Emotional Health During Gray Divorce**

Physical health is only one aspect of overall well-being.

Ending a marriage after many years often produces a wide range of emotions, including grief, relief, sadness, anxiety, uncertainty, hope, and optimism. Many women experience several of these emotions simultaneously.

Common emotional challenges include:

- Adjusting to living alone.
- Redefining personal identity.
- Changes in friendships.
- Adult children’s reactions.
- Concerns about retirement.
- Financial uncertainty.
- Loneliness during major life transitions.

Seeking support from family, trusted friends, therapists, financial advisors, and experienced divorce attorneys can help make this transition more manageable.

## **Financial Security Can Influence Overall Health**

Financial stress frequently affects both physical and emotional health.

Gray divorce often requires dividing retirement accounts, pensions, investment portfolios, real estate, business interests, and other significant marital assets. Decisions made during divorce can have lasting effects on retirement income, healthcare access, and long-term financial stability.

Women approaching retirement should carefully evaluate issues involving:

- Retirement savings
- Pension benefits
- Social Security eligibility
- Health insurance
- Long-term care planning
- Tax consequences
- Estate planning updates

Working with experienced legal and financial professionals can help protect your future while reducing unnecessary stress.

## **Prioritizing Your Health During Divorce**

Although divorce can be overwhelming, maintaining healthy routines can make the transition easier.

Many healthcare professionals encourage individuals experiencing major life changes to focus on habits that support both physical and emotional wellness.

This may include maintaining regular medical appointments, exercising consistently, eating nutritious meals, getting sufficient sleep, limiting alcohol consumption, and seeking emotional support when needed.

Just as importantly, individuals should avoid making significant financial decisions based solely on emotion. Careful planning often leads to better long-term outcomes.

## **Frequently Asked Questions About Gray Divorce**

### **Does gray divorce always have negative health effects?**

No. Every person’s experience is different. While divorce can certainly create stress, some individuals experience improvements in emotional well-being and healthier lifestyle habits after leaving an unhappy marriage.

### **Why is gray divorce becoming more common?**

Several factors contribute to rising gray divorce rates, including longer life expectancy, greater financial independence, changing social attitudes toward divorce, second marriages, and evolving expectations about personal fulfillment later in life.

### **Can divorce affect blood pressure or weight?**

Research suggests marital transitions may influence health behaviors that affect weight, blood pressure, exercise, and nutrition. However, outcomes vary widely depending on each person’s circumstances.

### **Should I delay divorce because of health concerns?**

There is no single answer. Every marriage and every individual’s health circumstances are unique. Before making important decisions, it is wise to consult healthcare providers, financial professionals, and an experienced family law attorney.

### **Is gray divorce more financially complicated?**

Often, yes. Long-term marriages frequently involve substantial retirement assets, pensions, investment accounts, real estate, and estate planning considerations that require careful legal analysis during divorce proceedings.

### **How can an attorney help during a gray divorce?**

An experienced Illinois divorce attorney can help protect your financial interests, negotiate property division, address spousal maintenance issues, explain your legal rights, and work toward a resolution that supports your long-term stability.

## **Speak With Our Experienced Chicago Gray Divorce Attorney**

Gray divorce involves much more than ending a marriage. It requires thoughtful planning for your financial future, careful consideration of retirement assets, and a legal strategy that protects your interests while helping you move confidently into the next stage of life.

Whether you are considering divorce after decades of marriage or have already begun the process, the experienced attorneys at Gordon & Perlut can provide compassionate guidance and practical legal advice tailored to your unique circumstances. We understand the complex issues that often arise in gray divorce cases and are committed to helping our clients protect their financial security, their rights, and their future.

Contact Gordon & Perlut at the Chicago office at 312-360-0250 or call our Skokie office at  847-329-0101 today to [schedule a confidential consultation](https://familylawadvocate.com/contact-us/) with one of our experienced [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) and learn how we can help you navigate every stage of your gray divorce.

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### [Tips for Financial Security After Divorce](https://familylawadvocate.com/tips-for-financial-security-after-divorce/)

**Published:** May 2, 2018
**Author:** familylawadvocate

**Content:**

One of the biggest concerns people have when considering divorce is whether they will be financially secure afterward. Divorce often changes nearly every aspect of your financial life, from your monthly budget and living arrangements to retirement planning and long-term financial goals. Even when both spouses have stable incomes, transitioning from one household to two usually increases expenses and requires careful planning.

If you are considering divorce in Illinois, taking steps to understand your financial situation before the process begins can help you make informed decisions and reduce unnecessary stress. Whether your divorce involves substantial marital assets, retirement accounts, a family business, or more modest property, thoughtful financial planning can help you build a stable foundation for the future.

Below are several practical strategies that can help protect your financial well-being before, during, and after an Illinois divorce.

## **Understand Your Complete Financial Picture Before Filing**

Before filing for divorce, take the time to gather a complete picture of your finances. Many people know their household income but are less familiar with their spouse’s retirement accounts, investments, debts, insurance policies, or other financial resources. Having a clear understanding of your marital finances allows you and your attorney to make informed decisions throughout the divorce process.

Begin by collecting important financial documents, including:

- Recent tax returns
- Bank account statements
- Retirement account statements
- Investment account records
- Credit card statements
- Mortgage and loan information
- Insurance policies
- Pay stubs and employment records
- Documentation of any business interests
- Estate planning documents

Creating a comprehensive financial inventory early in the process helps identify both assets and liabilities that may become relevant during property division.

## **Learn How Illinois Divides Marital Property**

[Illinois follows the principle of equitable distribution](https://lafatalaw.com/blog/how-property-is-divided-in-an-illinois-divorce-in-2026/) when dividing marital property during divorce. This does not necessarily mean assets are divided equally. Instead, courts seek a division that is fair after considering numerous statutory factors, including each spouse’s financial circumstances, contributions to the marriage, future earning capacity, and other relevant considerations.

Marital property may include:

- Homes and other real estate
- Retirement accounts
- Investment portfolios
- Business interests
- Savings accounts
- Vehicles
- Personal property
- Pension benefits
- Certain stock options and deferred compensation

Understanding what may be considered marital property—and what may qualify as separate property—can help you establish realistic expectations throughout the divorce process.

## **Create A Realistic Post-Divorce Budget**

One of the most important steps toward financial security is creating a realistic monthly budget based on your expected post-divorce lifestyle.

Many couples share expenses during marriage that become significantly more expensive after separation. Housing, utilities, transportation, insurance, groceries, childcare, and healthcare expenses often increase when maintaining separate households.

As you prepare your budget, carefully evaluate your anticipated monthly expenses, including:

- Housing costs
- Property taxes or rent
- Utilities
- Transportation
- Food and household expenses
- Health insurance premiums
- Medical expenses
- Childcare costs
- School-related expenses
- Cell phone and internet service
- Entertainment and discretionary spending

Rather than focusing on maintaining every aspect of your previous lifestyle, prioritize essential expenses first. Establishing a practical budget can help reduce financial stress while giving you a clearer understanding of what you can comfortably afford after your divorce is finalized.

## **Consider Whether Keeping The Marital Home Makes Financial Sense**

Many people understandably want to remain in the family home after divorce, particularly when children are involved. However, emotional attachment should be balanced against long-term financial reality.

Owning a home involves more than making monthly mortgage payments. Homeowners are also responsible for:

- Property taxes
- Homeowners insurance
- Routine maintenance
- Repairs
- Landscaping
- Utilities
- Unexpected emergency expenses

Before deciding to keep the marital residence, consider whether you will comfortably be able to manage these ongoing obligations with your expected income after divorce. In some situations, selling the home and purchasing a smaller residence may provide greater long-term financial stability.

## **Review Your Health Insurance Options**

Health insurance is frequently overlooked during divorce planning, yet it can become one of the largest monthly expenses after a marriage ends.

If you currently receive health insurance through your spouse’s employer-sponsored plan, you will likely need to obtain new coverage following the divorce. Depending on your circumstances, options may include:

- Employer-sponsored health insurance
- COBRA continuation coverage
- Marketplace insurance plans
- Medicare or Medicaid eligibility

Understanding these costs before finalizing your divorce helps avoid unexpected financial surprises.

## **Protect Your Credit During Divorce**

Your credit score may significantly affect your financial future after divorce. It can influence your ability to obtain a mortgage, rent an apartment, purchase a vehicle, or qualify for favorable interest rates.

While your divorce is pending, review your credit reports carefully for:

- Joint credit cards
- Outstanding loans
- Lines of credit
- Missed payments
- Unauthorized charges

If appropriate, discuss with your attorney whether joint credit accounts should be frozen, refinanced, or closed during the divorce process. Taking proactive steps can reduce future disputes and help protect your individual credit history.

## **Reevaluate Your Retirement Planning**

Divorce often requires significant adjustments to retirement planning. Retirement accounts accumulated during the marriage may be considered marital property and subject to equitable division.

Assets that may require evaluation include:

- 401(k) plans
- IRAs
- Pension plans
- Government retirement benefits
- Deferred compensation plans

Dividing retirement assets frequently requires specialized court orders, such as a Qualified Domestic Relations Order (QDRO), depending on the type of retirement plan involved.

If you are approaching retirement, you may need to reconsider your anticipated retirement date, expected retirement income, investment strategy, and future savings goals. While these conversations may be difficult, addressing them early allows you to develop a more realistic financial plan.

## **Build An Emergency Fund**

Divorce often creates unexpected expenses that continue well beyond the final judgment. Relocation costs, legal fees, vehicle repairs, medical expenses, and changes in employment can all create financial challenges.

If possible, begin building or rebuilding an emergency savings account as soon as practical. Even a modest emergency fund can provide valuable financial flexibility and reduce reliance on credit cards or loans when unexpected expenses arise.

## **Update Beneficiary Designations And Estate Planning Documents**

Many people forget to update important legal and financial documents after divorce.

Once appropriate under Illinois law and after consulting your attorney, review documents such as:

- Life insurance beneficiary designations
- Retirement account beneficiaries
- Payable-on-death bank accounts
- Transfer-on-death designations
- Wills
- Trusts
- Powers of attorney
- Healthcare directives

Keeping these documents current helps ensure your financial and healthcare decisions reflect your present wishes.

## **Understand Child Support And Spousal Maintenance**

If children are involved, child support may play an important role in your financial planning. Illinois uses statutory guidelines based on the Income Shares Model to calculate child support, although courts may deviate from guideline amounts in certain circumstances.

Spousal maintenance, sometimes called alimony, may also affect your financial future depending upon factors such as:

- Length of the marriage
- Each spouse’s income
- Future earning capacity
- Age and health of each spouse
- Contributions made during the marriage

Understanding how these financial issues may affect your monthly income and expenses can help you create a more accurate post-divorce budget.

## **Avoid Making Major Financial Decisions Out Of Emotion**

Divorce is an emotional process, and it is understandable to want immediate closure. However, making significant financial decisions based solely on emotion can have long-lasting consequences.

For example, accepting an unfavorable property settlement simply to finalize the divorce quickly may negatively affect your financial security for years. Likewise, insisting on retaining certain assets for sentimental reasons without considering their long-term costs can create unnecessary financial strain.

Whenever possible, evaluate settlement proposals based on their overall financial impact rather than their emotional significance.

## **Work With Experienced Financial And Legal Professionals**

Every divorce presents unique financial issues. Some cases involve substantial marital estates, business ownership, executive compensation, investment portfolios, or complex retirement plans. Others focus primarily on budgeting, child support, and creating financial stability following separation.

An experienced Illinois divorce attorney can help identify financial issues that may otherwise be overlooked while protecting your legal rights throughout the process. Depending on your circumstances, your attorney may also recommend consulting financial planners, tax professionals, business valuation experts, or forensic accountants to help evaluate assets and develop informed settlement strategies.

Having knowledgeable professionals on your side can help you make decisions that support both your immediate financial needs and your long-term financial goals.

## **Planning Today Can Create Greater Financial Stability Tomorrow**

Although divorce often creates uncertainty, it also provides an opportunity to establish a strong financial foundation for the next chapter of your life. Understanding your finances, developing a realistic budget, protecting your credit, evaluating retirement assets, and making informed legal decisions can significantly improve your long-term financial security.

Every divorce is different, and the financial decisions you make today may affect your future for many years. Careful planning and experienced legal guidance can help you navigate these challenges with greater confidence while protecting your financial interests.

## **Contact Our Chicago Divorce Attorney To Discuss Your Situation**

If you are considering divorce or are already involved in divorce proceedings, obtaining experienced legal guidance early can make a significant difference in protecting your financial future. The attorneys at Gordon & Perlut, LLC assist clients throughout Chicago and the surrounding communities with property division, spousal maintenance, child support, retirement asset division, and other complex financial issues arising during divorce.

[Contact Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC today at 312-360-0250 to schedule a consultation with an experienced [Chicago divorce attorney](https://familylawadvocate.com/divorce/) and learn how we can help you protect your financial future during every stage of the divorce process.

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### [Child Support Collections from Prison](https://familylawadvocate.com/child-support-collections-from-prison/)

**Published:** January 21, 2016
**Author:** familylawadvocate

**Content:**

When a parent is sent to jail or prison, both parents may face immediate financial uncertainty. The parent receiving support may suddenly lose money needed for housing, food, clothing, school expenses, medical care, and other necessities. The incarcerated parent may have little or no income but continue receiving notices showing that support remains unpaid.

Illinois law has changed significantly since this issue first attracted national attention. Incarceration is no longer treated automatically as voluntary unemployment for purposes of establishing or modifying child support. Illinois law also recognizes that an incarcerated parent who has no gross income may qualify for a zero-dollar child support order. However, incarceration generally does not cancel an existing support order by itself. A parent ordinarily must request a modification through the court or the Illinois Department of Healthcare and Family Services.

Understanding that distinction is essential. The law may permit a reduction, but failing to take timely legal action can allow substantial arrears to accumulate.

## **Does Child Support Automatically Stop When A Parent Goes To Prison?**

No. An existing Illinois child support order generally remains legally enforceable until it is modified by a court or through an authorized administrative process.

A prison sentence may dramatically reduce a parent’s ability to earn income, but the correctional system does not automatically notify the family court and cancel the support obligation. The amount listed in the existing order may continue becoming due each month unless someone initiates the modification process.

[The Illinois Department of Healthcare and Family Services](https://hfs.illinois.gov/) specifically identifies going to jail or prison as a reason a parent should request a child support modification. Either a parent or the child’s legal guardian may ask for the amount to be reviewed. A parent can seek relief directly through the circuit court or request assistance from Child Support Services if the case qualifies for those services. By the time the parent is released, the account may show months or years of unpaid support. The fact that the parent had little ability to pay does not necessarily erase amounts that became due under an unchanged order.

## **How Illinois Law Treats Incarceration When Calculating Child Support**

### **Incarceration Is Not Voluntary Unemployment**

Historically, courts in some jurisdictions treated incarceration as a form of voluntary unemployment. The theory was that the parent’s criminal conduct caused the loss of employment and income. Under that approach, support could continue to be calculated from income the parent earned before entering prison, even when the parent could no longer earn that amount.

Federal child support regulations now require state guidelines to provide that incarceration may not be treated as voluntary unemployment when establishing or modifying a child support order. Illinois law follows that requirement. [Section 505 of the Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm) expressly states that incarceration is not voluntary unemployment for child support purposes. important because Illinois courts may ordinarily assign, or impute, income to a parent who is voluntarily unemployed or underemployed. A court may examine the parent’s prior earnings, employment history, education, job skills, health, available employment opportunities, assets, and other circumstances when deciding whether the parent could be earning more.

An incarcerated parent should not be treated as voluntarily unemployed merely because the parent’s conduct led to incarceration. That does not mean every incarcerated parent receives the same result, however. The court must still determine the parents’ actual financial circumstances.

### **Illinois Law May Support A Zero-Dollar Order**

Current Illinois law creates a rebuttable presumption that the usual minimum child support obligation does not apply to certain parents who have no meaningful ability to pay. When a parent has no gross income, receives only means-tested assistance, or cannot work because of a medically proven disability, incarceration, or institutionalization, the statute provides a rebuttable presumption in favor of a zero-dollar child support order. A rebuttable presumption is not the same as an automatic cancellation. It gives the court a starting point that may be challenged with evidence.

For example, an incarcerated parent may still receive rental income, investment distributions, retirement benefits, trust income, business income, or other funds. A parent may also own valuable property or financial accounts that affect the court’s analysis. The zero-dollar presumption is most directly applicable when the parent truly has no gross income and cannot work because of incarceration.

The parent receiving support may present evidence showing that the incarcerated parent has income or resources that remain available. The incarcerated parent may present prison records, financial statements, tax documents, account information, and evidence showing the absence of income.

### **The Court Still Considers The Child’s Interests**

Illinois uses an income-shares model to calculate child support. The court generally determines each parent’s net income, combines those amounts, identifies the applicable basic support obligation, and allocates responsibility between the parents. The guidelines are intended to account for the child’s needs while also considering each parent’s ability to contribute. Incarceration leaves one parent with no income, and the financial burden on the household caring for the child may become severe. Nevertheless, a court cannot create income that does not exist. An order that continues to charge hundreds or thousands of dollars each month against a parent with no income may produce a large debt without providing meaningful current support to the child.

The modification process attempts to establish an amount that reflects the parent’s present ability to pay while preserving the child’s right to appropriate support if income or resources are available.

## **Why An Incarcerated Parent Must Request A Modification Promptly**

Illinois law generally restricts how far back a child support modification can reach. Under Section 510 of the Illinois Marriage and Dissolution of Marriage Act, support ordinarily may be modified only for installments accruing after the other party receives proper notice that a modification request has been filed. For example, a parent who enters prison in January but does not file a modification request until October. Even when the parent can prove that incarceration eliminated the parent’s income, the court may have limited authority to change the installments that became due before proper notice of the modification proceeding.

That is why timing matters. An incarcerated parent should not wait until release to address the order.

A modification request should clearly identify the change in circumstances and provide available evidence regarding the incarceration date, expected release date, prior employment, current income, prison earnings, property, financial accounts, and other relevant resources. The parent must also follow the applicable filing, service, and notice requirements.

Family members cannot ordinarily solve the problem simply by calling the other parent or sending a letter to the court. Informal conversations do not replace a properly filed request or an entered modification order.

## **Can The Receiving Parent Request A Modification?**

Yes. Either parent may request a review of an Illinois child support order.

Although modification is frequently associated with a paying parent seeking a reduction, the parent receiving support may also need court intervention. The receiving parent may want to determine whether income remains available from property, investments, retirement benefits, a business interest, or another source. A review may also be necessary when the existing order does not adequately address health insurance, uncovered medical expenses, child care, educational expenses, or other financial responsibilities.

The Illinois Department of Healthcare and Family Services allows either parent or a legal guardian to request a modification. Child Support Services cases are generally eligible for periodic review, and an earlier review may be available when there has been a substantial change in circumstances. HFS specifically lists incarceration as a circumstance that may justify a modification request.

The receiving parent should not assume that opposing every requested reduction will necessarily benefit the child. A realistic order can sometimes improve long-term compliance by preventing unmanageable debt from accumulating while the other parent has no ability to pay. At the same time, the receiving parent has the right to investigate whether the claim of having no income is accurate.

## **Can Child Support Be Collected While The Parent Is In Prison?**

Possibly. Whether meaningful child support can be collected during incarceration depends on the parent’s income, assets, existing arrears, and the collection methods legally available.

Many incarcerated parents earn little or no money. Even when prison employment provides some compensation, the amount may be far below the income the parent earned before incarceration. That can make the collection of the full pre-incarceration obligation impractical.

Other incarcerated parents may continue to possess financial resources. The parent might receive investment income, rental payments, pension benefits, lawsuit proceeds, an inheritance, business distributions, or money from the sale of property. Depending on the circumstances and applicable procedures, those resources may be considered when support is established or enforced.

The existence of incarceration, therefore, does not create a universal answer. A parent with no income may qualify for a zero-dollar current-support order, while a parent with substantial continuing income may remain responsible for a meaningful payment.

## **What Happens To Child Support Arrears During Incarceration?**

A modification of current support does not ordinarily erase child support that was already due.

Arrears are past-due installments that accrued under an enforceable order. Even if current support is later reduced to zero, the unpaid balance from earlier periods may remain collectible. This includes arrears that existed before incarceration and may include installments that accumulated while the parent was incarcerated but before a modification became effective.

Illinois Child Support Services has several enforcement tools available for collecting past-due support. Depending on the case, those tools may include intercepting federal or state tax refunds, intercepting certain state payments or gambling winnings, placing liens on property, seizing eligible bank accounts, reporting the delinquency to credit bureaus, seeking passport restrictions, or referring the matter to licensing authorities.

Driver’s, professional, occupational, and recreational licenses may also be affected in qualifying cases. Enforcement methods may have little immediate effect while a parent remains incarcerated. They may become much more significant after release, when the parent begins working, opens a bank account, applies for a license, receives a tax refund, purchases property, or needs a passport.

This is another reason to distinguish between current support and arrears. Current support is the amount becoming due for the present month. Arrears are the unpaid amounts left from prior months. Reducing current support does not necessarily eliminate the arrears balance.

## **Does Incarceration Eliminate The Parent’s Duty To Support The Child?**

No. Incarceration may change the amount that can reasonably be ordered, but it does not sever the parent-child relationship or permanently eliminate the duty of support.

Illinois child support law is designed to establish support based on the parents’ financial circumstances and the needs of the child. If an incarcerated parent has no income, the proper current amount may be zero. If the parent has income or accessible resources, the court may enter a different amount.

After release, employment or other income may create grounds for another modification. A parent receiving support should not assume that a zero-dollar order entered during incarceration will automatically increase when the other parent returns to work. Unless the order includes an applicable review mechanism, a new modification request may be required.

Likewise, the released parent should not assume that the amount will remain zero indefinitely. A new job, restored business income, benefits, or other financial changes may justify recalculation.

## **What Should The Parent Receiving Support Do?**

The parent caring for the child should first obtain and review the current support order. Important questions include whether the order remains active, whether an income-withholding notice is in place, how much is owed in arrears, whether medical support is included, and whether a modification request has already been filed.

The receiving parent should also document the child’s ongoing expenses. Housing, food, clothing, transportation, school costs, health insurance, uncovered medical expenses, therapy, extracurricular activities, and child care may all be relevant to the broader support dispute.

When there is reason to believe that the incarcerated parent has continuing income or property, the receiving parent may need financial discovery or other legal procedures to identify those resources. The parent should preserve tax returns, account statements, business records, property information, prior employment documents, and communications concerning income or assets.

A parent enrolled in Illinois Child Support Services can ask the agency to review the account and available enforcement options. However, the attorney handling a Child Support Services proceeding represents the State’s interests and does not serve as the private attorney for either parent. HFS expressly advises parents of that limitation. Legal representation may be particularly important when the case involves substantial arrears, hidden assets, business ownership, multiple support orders, disputed income, or disagreement over whether a zero-dollar order is appropriate.

## **What Should The Incarcerated Parent Do?**

An incarcerated parent should take action as soon as possible rather than assuming that the court will learn about the incarceration automatically.

The parent should obtain a copy of the existing child support order and determine the monthly amount, payment method, arrears balance, and court case number. The parent should then evaluate whether to request a judicial modification or seek a review through Illinois Child Support Services.

Documents showing the date and anticipated length of incarceration, current income, prison earnings, account balances, property ownership, debts, benefits, and other financial circumstances should be collected when available. If the parent cannot personally obtain the necessary records, an attorney or trusted family member may be able to assist.

Most importantly, the incarcerated parent must follow formal court procedures. A request that is never filed, served, or presented to the court may provide no protection against continuing accrual under the existing order.

## **What Happens After The Parent Is Released?**

Release from custody often creates another major change in circumstances.

The parent may initially have difficulty finding employment because of a criminal record, lack of transportation, housing instability, lost professional credentials, or a lengthy absence from the workforce. Illinois law permits courts to consider criminal records and other employment barriers when evaluating potential income.

It also requires an evidentiary basis and written findings when income is imputed. A released parent is generally expected to make reasonable efforts to become employed and comply with the operative support order. Once the parent obtains work, income withholding may resume or begin. Additional amounts may also be withheld toward existing arrears.

The receiving parent may request a new modification if the released parent’s income increases. The paying parent may need a realistic payment arrangement that addresses both current support and past-due amounts without making compliance impossible.

Early review can help both parents avoid another period in which the order bears little relationship to the paying parent’s actual financial circumstances.

## **Frequently Asked Questions About Child Support And Incarceration In Illinois**

### **Does A Prison Sentence Automatically Cancel An Illinois Child Support Order?**

No. Incarceration may provide grounds for modification, but the existing order ordinarily remains effective until it is changed through the court or an authorized administrative process. The incarcerated parent should request a review promptly.

### **Can An Incarcerated Parent Receive A Zero-Dollar Child Support Order?**

Possibly. Illinois law creates a rebuttable presumption for a zero-dollar order when a parent has no gross income or cannot work because of incarceration. The result is not automatic, and evidence of continuing income or financial resources may affect the decision.

### **Does A Modification Erase Child Support Arrears?**

Usually not. A modification generally changes support becoming due after proper notice of the modification request. Past-due installments that accrued under the prior order ordinarily remain owed.

### **Can A Parent File For Modification From Prison?**

Yes. Incarceration does not prevent a parent from seeking modification. The parent must still comply with the applicable court rules, filing requirements, service procedures, and evidentiary requirements. Assistance from a family law attorney can be especially valuable when communication and document access are limited.

### **Can Illinois Child Support Services Help With A Modification?**

Yes. A parent with an open Child Support Services case may request a review without paying an agency fee. Either a parent or the child’s legal guardian may initiate the request. The agency’s attorney does not privately represent either parent.

## **Speak With Our Chicago Child Support Attorney**

Child support cases involving incarceration require careful attention to timing, income, assets, arrears, notice requirements, and the terms of the existing court order. The parent receiving support needs to protect the child’s financial interests, while the incarcerated parent must act promptly to prevent an unrealistic obligation from continuing without review.

Gordon & Perlut, LLC represents parents in Chicago, Skokie, Cook County, Lake County, DuPage County, and surrounding communities in child support establishment, modification, collection, and enforcement proceedings. [Contact the firm](https://familylawadvocate.com/contact-us/) at 312-360-0250 to discuss how incarceration may affect your existing child support order or your right to collect support.

This article provides general information about Illinois law and is not a substitute for legal advice regarding a particular case.

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**Categories:** Child Support Collections

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### [Financial Warning Signs That Often Appear Before An Illinois Divorce](https://familylawadvocate.com/financial-warning-signs-that-often-appear-before-an-illinois-divorce/)

**Published:** July 7, 2026
**Author:** familylawadvocate

**Content:**

Financial problems do not always lead to divorce, but changes in money habits or unusual financial behavior often show up before a marriage starts to break down. Many people notice warning signs months or even years before anyone files for divorce. Sometimes, these signs are about not talking openly about money. Other times, they involve secrecy, overspending, hidden debts, or sudden changes in how money is handled. Spotting these issues early can help you understand your situation and protect your finances. As Illinois divorce attorneys, we often work with people in [Chicago](https://www.chicago.gov/city/en.html) who find out about serious financial problems just before or during a divorce. Knowing these warning signs can help you make better decisions and get ready for any legal issues that might come up.

Illinois divorce cases are governed by the Illinois Marriage and Dissolution of Marriage Act. Property division is addressed under [750 ILCS 5/503](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K503.htm), while spousal maintenance is governed by [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm). Because financial issues play a major role in most divorce proceedings, unusual financial activity may become highly relevant during the case.

## Sudden Secrecy About Money

A common warning sign is when someone suddenly stops being open about money. A spouse who used to share details about bank accounts, investments, income, or expenses might start hiding information or avoiding conversations about finances.

This change does not always mean divorce is on the way, but it can point to deeper problems. In a divorce, both spouses usually have to share their financial information. Hiding accounts, not reporting assets, or leaving out details can cause serious legal trouble. When secrecy becomes a pattern, it is often wise to gather and organize financial records so you have a clear understanding of the marital finances.

### Unusual Spending Habits

A clear change in spending habits can also be a sign of problems. Some spouses start making big purchases, taking out large amounts of cash, or running up debt without talking to their partner about it.

These actions may affect marital assets and liabilities that are later considered under [750 ILCS 5/503](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K503.htm). Courts examine the marital estate carefully when dividing property, and unusual spending can become a disputed issue during divorce proceedings. Keeping records of significant financial transactions may be important if questions arise later.

### New Accounts Or Financial Transfers

Another common concern involves opening new bank accounts, moving funds between accounts, or changing investment arrangements without explanation.

While there may be legitimate reasons for certain financial decisions, unexplained transfers can raise concerns regarding asset concealment or financial misconduct. Illinois courts take financial disclosure obligations seriously, and attempts to hide assets may have consequences during property division proceedings.

### Growing Debt Problems

Debt often creates strain within a marriage. Credit card balances, personal loans, tax obligations, and other financial liabilities can become significant sources of conflict.

If one spouse begins accumulating debt without the other’s knowledge, the issue may become relevant during divorce negotiations. Courts consider both assets and liabilities when evaluating the marital estate.

Understanding the family’s debt picture before a divorce is filed can help prevent unpleasant surprises later.

### Changes In Income Or Employment

A sudden job change, reduced work hours, unexplained decreases in income, or unusual compensation arrangements may also raise concerns.

Income plays a role in matters involving maintenance and other financial issues. Accurate financial information is critical when evaluating support obligations and property division concerns.

Monitoring employment and income changes can help ensure that important financial facts are properly documented.

### Preparing For Financial Issues During Divorce

Not every financial warning sign means divorce is inevitable. However, when multiple concerns appear at the same time, it may be wise to become more informed about your legal rights and financial situation.

Gathering records, reviewing financial accounts, and seeking legal guidance can help you make informed decisions if divorce becomes a reality.

## Finances During Divorce FAQs

### 
What Financial Documents Should I Gather If I Am Considering Divorce?

Important documents often include tax returns, bank statements, retirement account records, investment statements, mortgage information, loan documents, credit card statements, and business records if applicable.

### Can A Spouse Hide Assets During A Divorce?

Some individuals attempt to conceal assets, but Illinois law requires financial disclosure during divorce proceedings. Courts may take action if assets are intentionally hidden.

### Why Are Financial Records Important In Divorce Cases?

Financial records help identify marital assets, debts, income sources, and expenses. Accurate records often play a critical role in property division and support matters.

### What Happens If My Spouse Opens A New Bank Account?

Opening a new account is not necessarily improper. However, unexplained accounts or transfers may warrant further investigation if financial transparency becomes an issue.

### Does Illinois Divide Property Equally?

Not necessarily. Under 750 ILCS 5/503, Illinois follows equitable distribution principles, meaning property is divided fairly based on the circumstances rather than automatically split equally.

### Can Excessive Spending Affect A Divorce Case?

Yes. Significant spending that reduces marital assets may become relevant during property division. Courts may consider certain financial conduct when evaluating the marital estate.

### How Does Debt Get Divided In An Illinois Divorce?

Courts consider marital debts along with marital assets. Various factors may influence how financial obligations are allocated between spouses.

### Should I Be Concerned If My Spouse Stops Discussing Finances?

A sudden lack of transparency can be a warning sign. While there may be innocent explanations, it is generally important to understand the family’s financial situation and maintain access to relevant records.

## Contact Our Divorce Attorneys in Chicago To Protect Your Financial Interests  

Financial concerns are often among the most important issues in an Illinois divorce. At Gordon & Perlut, LLC, we help clients understand their rights, protect their financial interests, and make informed decisions during every stage of the divorce process. Our legal team is committed to helping clients address property division, support issues, and other financial matters with confidence.

If you are concerned about financial issues in your marriage or are considering divorce, call Gordon & Perlut, LLC for a free phone consultation. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our [Skokie](https://www.skokie.org/) office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout the State of Illinois.

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**Categories:** Divorce

**Tags:** Financial Warning Signs That Often Appear Before An Illinois Divorce

---

### [Why Pre-Divorce Stress Can Feel Worse Than Post-Divorce Stress](https://familylawadvocate.com/why-pre-divorce-stress-can-feel-worse-than-post-divorce-stress/)

**Published:** June 24, 2026
**Author:** familylawadvocate

**Content:**

Pre-divorce stress can feel overwhelming because it brings uncertainty, conflict, and fear about the future. Many people tell us they feel constant tension at home before filing. Daily life might include arguments, silence, or confusion about what comes next. This stage can seem harder than the divorce itself because there is no clear direction yet. Once a case is filed, there are set steps, deadlines, and a legal process. This change often helps reduce stress. Learning how Illinois law works during this time can help you feel more in control.

## Uncertainty And Lack Of Structure Before Filing

Before filing for divorce, there are no official court orders to guide what happens. This can cause confusion about money, parenting, and where to live. Illinois law allows divorce for irreconcilable differences under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), but these protections only start once a case is filed. Without clear rules, one spouse might control finances or make decisions alone, which can add stress and create unfairness. When the case starts, the court can issue temporary orders to help stabilize things.

### Temporary Orders Create Stability

After filing, the court can quickly address urgent issues with temporary orders. Under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm), the court can make decisions about support, who stays in the marital home, and other important matters. These orders set clear rules, so there is less arguing at home. Having this structure usually lowers stress because everyone knows what to expect. It also makes both sides more accountable, which is often missing before the divorce process begins.

### Financial Pressure And Legal Protections

Money worries are a big source of stress before divorce. One spouse might be concerned about having enough money, paying bills, or keeping assets safe. Illinois law deals with these issues through property division rules under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm) and maintenance rules under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm). Before filing, people often fear that assets could be hidden or misused. Once the case starts, both sides must share financial information and the court watches over the process. This helps prevent unfair actions and gives everyone a clearer view of their finances.

### Parenting Conflict And Court Guidance

When children are involved, pre-divorce stress often feels even stronger. Parents may argue more about schedules, discipline, and decisions. Illinois law puts the child’s best interests. Before filing, there might not be any clear agreement, which can cause ongoing conflict. After filing, the court can set temporary parenting plans that bring consistency. This helps lower tension and gives both parents a clear plan to follow.

## Emotional Strain Versus Defined Process

The emotional strain before divorce often comes from feeling stuck. There is tension but no solution. Once the legal process starts, there is a clear path forward. Deadlines, hearings, and negotiations help things move along. Divorce is still hard, but having a set process can make it easier to handle. We guide clients through each step so they know what to expect and can make good decisions.

## Illinois Pre-Divorce Preparation Frequently Asked Questions

### 
Why Does Pre-Divorce Stress Feel So Intense?

Pre-divorce stress can feel intense because there is no structure or clear answers. People are handling conflict while trying to keep up with daily life. There may be worries about money, housing, and parenting. Without legal help or court involvement, disagreements can go on without end. This mix of emotional strain and lack of direction can make things feel overwhelming.

### Does Filing For Divorce Reduce Stress?

For many, [filing for divorce](https://familylawadvocate.com/filingdivorcechicago/) brings relief because it creates structure. Once the case is filed, the court can make temporary orders and set clear expectations for both sides. There is a set process with steps and timelines. While the situation is still tough, having a plan often eases anxiety. It lets both people focus on solving problems instead of staying in conflict.

### How Does Illinois Law Protect Finances During Divorce?

Illinois law requires both sides to share financial information after a case is filed. Property division follows 750 ILCS 5/503, which aims for fair distribution. Maintenance is covered under 750 ILCS 5/504. These laws help make sure assets are counted and financial choices are fair. The court’s oversight helps prevent one person from taking advantage of the other.

### How Are Parenting Issues Handled After Filing?

After filing, the court can establish temporary parenting arrangements based on the best interests of the child. Illinois law under 750 ILCS 5/602.5 and 5/602.7 outlines how parental responsibilities and parenting time are determined. These guidelines provide structure and reduce conflict. Having a clear plan helps both parents focus on the child’s needs rather than ongoing disputes.

## Call Our Chicago Divorce Law Attorneys To Protect Your Interests

If you are facing pre-divorce stress and want to understand your options, we are here to help. Gordon & Perlut, LLC supports clients across Illinois and works to bring structure and stability to tough situations. Contact our [Chicago divorce law attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** Divorce

**Tags:** Why Pre-Divorce Stress Can Feel Worse Than Post-Divorce Stress

---

### [Emotional Reactions People Have When Divorce Becomes Official](https://familylawadvocate.com/emotional-reactions-people-have-when-divorce-becomes-official/)

**Published:** June 22, 2026
**Author:** familylawadvocate

**Content:**

After a divorce is finalized, many people think they will feel relieved. While that can happen, emotions are often mixed and harder to understand. Our clients often experience sadness, anger, uncertainty, and even guilt all at once. Even though the legal process is finished, the personal effects continue. Final court orders can change your finances, parenting routines, and daily life. It is normal for emotions to come up as you adjust. Knowing how these feelings relate to your legal rights can help you move forward with more confidence.

## Relief And Closure After Final Judgment

For some people, the judgment of dissolution under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm) brings closure. The court has decided on property, support, and parenting matters. This clarity can lower stress and help you plan for the future. However, feeling relief does not mean all emotional issues are resolved. It just means the legal rules are set. We encourage clients to read their judgment carefully so they know their rights and responsibilities from the start.

### Grief And Loss Despite Legal Resolution

Even if divorce is the right choice, it can still feel like a loss. The end of a marriage often brings grief, much like other big life changes. This is a normal reaction and does not go against the legal outcome. Legally, the court looks at fair property division under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm) and support under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm). These decisions are about finances, not emotions. We remind clients that emotional healing often takes longer than the legal process, and that is normal.

### Anger And Ongoing Conflict Risks

Anger can grow after a divorce is final, especially if someone feels the result was unfair. This can make it harder to follow court orders. Illinois law requires both sides to follow the judgment. Not following the order can lead to enforcement actions or even contempt. Parenting conflicts may also continue if communication fails. The rules for parental responsibilities under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) and parenting time under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm) still apply. We help clients keep communication on track and avoid actions that could cause new legal issues.

### Anxiety About Finances And Independence

Worry about money is very common after divorce. Adjusting to one income or new expenses can feel overwhelming. The court may order maintenance under 750 ILCS 5/504 or child support under 750 ILCS 5/505, but these payments do not solve every concern. Budgeting, job choices, and long-term planning become more important. We help clients understand their orders and what steps can lower risks in the future.

## Adjusting To New Parenting Realities

Parents often feel strong emotions when parenting time changes. A new schedule can seem strange at first. The law says parenting decisions must serve the child’s best interests under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), and this rule still applies after the case ends. Being consistent and working together helps children adjust faster. We tell clients to follow the parenting plan and keep records of any problems. If changes are needed, the law allows for modifications in some cases.

## Chicago Divorce FAQs

### 
What Emotions Are Common After A Divorce Becomes Final?

People often feel relief, sadness, anger, and uncertainty all at once. Even if both sides agreed to the divorce, the final judgment can still feel like a loss. These feelings are normal. The legal process deals with property, support, and parenting, but it does not settle personal emotions. Many clients notice their feelings change over time as they get used to new routines and responsibilities.

### Can Emotional Reactions Affect My Legal Obligations After Divorce?

Yes, emotions can affect how people follow court orders. Acting out of anger or frustration can cause missed payments or problems with parenting schedules. Illinois courts expect everyone to follow the judgment of dissolution under 750 ILCS 5/401. Not following the order can lead to enforcement actions, including contempt. Staying focused on the order’s terms helps you avoid more legal trouble.

### What Should I Do If My Former Spouse Is Not Following The Court Order?

If the other person is not following the court order, you have legal options. You can ask the court to enforce the order, which may include filing a petition for a rule to show cause. The court can require them to comply and may give penalties. It is important to keep records of violations and act quickly. Waiting too long can make it harder to enforce the order.

### Can Parenting Arrangements Be Changed After The Divorce Is Final?

Yes, you can change parenting plans in some situations. Illinois law allows changes to parental responsibilities and parenting time if there is a big change in circumstances or if it is best for the child. The rules are in 750 ILCS 5/602.5 and 5/602.7. Any changes should be approved by the court so they are enforceable.

### How Does Maintenance Work After Divorce In Illinois?

Maintenance, or spousal support, is covered by 750 ILCS 5/504. The amount and length depend on things like income, how long you were married, and financial needs. Payments must follow the court order. Sometimes, maintenance can be changed if there is a big change in circumstances. Knowing your order’s terms helps you avoid problems.

### What If My Financial Situation Changes After The Divorce?

If your income or financial needs change a lot, you may be able to ask for a change in support. Child support under 750 ILCS 5/505 and maintenance under 750 ILCS 5/504 can be adjusted if your situation changes. The court will look at the facts and decide if a change is right. Acting quickly can help protect your finances.

## Call Chicago Divorce Law Lawyers For Practical Solutions

If you are facing the emotional and legal effects of a finalized divorce, we can help you understand your rights and what to do next. Gordon & Perlut, LLC, helps clients across Illinois with practical advice after divorce. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** Divorce

**Tags:** Emotional Reactions People Have When Divorce Becomes Official

---

### [Knowing When Divorce Is No Longer Avoidable](https://familylawadvocate.com/knowing-when-divorce-is-no-longer-avoidable/)

**Published:** June 8, 2026
**Author:** familylawadvocate

**Content:**

Most marriages do not end suddenly. Instead, they change gradually, often because of ongoing conflict, growing distance, or lost trust. Many people work hard to fix things before considering divorce, and those efforts are important. However, sometimes problems do not get better, even with real effort. We talk to [Chicago](https://www.chicago.gov/city/en.html) clients every day who reach this point and feel unsure about what to do next. The emotional part is tough, but the legal side is important too. Understanding when divorce cannot be avoided can help you protect your rights and make careful decisions under Illinois law.

## Recognizing When The Marriage Has Broken Down

In Illinois, you can get a divorce if there are irreconcilable differences under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm). This means the marriage cannot be fixed, and attempts to repair it have not worked or are not realistic. You do not need to show that anyone did something wrong. The main question is whether the relationship can continue in a real way. Signs include constant conflict, poor communication, or living separate lives while still in the same house. If these problems do not get better, it may mean the marriage has legally ended.

Illinois courts understand that couples can live apart even if they share the same home. Separation does not always mean living at different addresses. It can simply mean the relationship has ended, even if you still see each other every day.

### The Legal Impact Of Waiting Too Long

Waiting can sometimes make a difficult situation harder. Financial issues may grow, and records can become unclear. Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), marital property is divided based on what is fair, not always equal. This includes income, assets, and debts acquired during the marriage. If one spouse begins making large financial decisions during a period of conflict, it can affect the outcome later.

Support is another important issue. Maintenance, or spousal support, is covered by [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm). When you start the case can affect income records and financial reviews. Having a plan helps protect your interests and keeps things organized.

### Parenting Considerations When Children Are Involved

When children are involved, things can feel even more sensitive. Illinois law puts the child’s best interests first. These laws cover who makes decisions and how parenting time is shared. Ongoing conflict at home can affect children, even if parents try to protect them. Courts expect parents to support the child’s relationship with both parents when it is appropriate. When divorce becomes unavoidable, a clear and thoughtful parenting plan can reduce stress and create consistency for the child.

## Preparing For The Next Step

Once you reach the point where divorce is no longer avoidable, preparation becomes key. This includes gathering financial documents, reviewing assets, and thinking about short-term needs. It also means setting realistic expectations. Divorce is a process with steps, deadlines, and legal standards.

We guide clients through these steps with a focus on clarity and control. Taking a measured approach helps reduce mistakes and keeps the case on track. Even in difficult situations, steady planning can lead to a more stable outcome.

## Illinois Divorce Frequently Asked Questions

### 
How Do I Know If My Marriage Meets The Legal Standard For Divorce In Illinois?

Under 750 ILCS 5/401, the court looks for irreconcilable differences that have caused the breakdown of the marriage. You do not need to prove fault or wrongdoing. The key question is whether the marriage can be repaired. If there has been a long period of conflict or separation, the court is likely to find that the standard has been met. Many cases proceed without dispute on this issue because both parties recognize that the relationship has ended.

### Do I Have To Move Out Before Filing For Divorce?

No, moving out is not required. Many couples remain in the same home during the early stages of a divorce. Illinois law recognizes that separation can occur within the same residence. What matters is whether the marital relationship has ended. Practical concerns, such as finances or children, often influence living arrangements during this time.

### What Happens To Our Property During A Divorce?

Property division is handled under 750 ILCS 5/503. The court divides marital property based on fairness. This includes income, real estate, retirement accounts, and debts. Non-marital property may be treated differently. Each case depends on the specific facts, including contributions by each spouse and the length of the marriage. Clear financial records are important to support your position.

### How Is Support Determined In An Illinois Divorce?

Maintenance, also known as spousal support, is governed by 750 ILCS 5/504. The court looks at factors such as income, earning capacity, and the standard of living during the marriage. In many cases, there are guidelines that help calculate the amount and duration of support. However, the court can adjust these guidelines based on the circumstances.

### How Are Parenting Decisions Made During A Divorce?

Parenting issues are decided based on the child’s best interests under 750 ILCS 5/602.5 and 5/602.7. The court considers factors such as the child’s needs, each parent’s involvement, and the ability to cooperate. The goal is to create a plan that supports stability and healthy development. Parents are encouraged to work together when possible, but the court will step in if needed.

## Call Our Chicago Divorce Law Attorneys For Legal Help

If you think your marriage cannot be saved, we are here to help you understand your choices and protect your interests. Gordon & Perlut, LLC, works with clients across Illinois and offers clear guidance at every step.

Contact our [Chicago divorce law attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).. We are ready to talk with you about your situation.

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**Categories:** Divorce

**Tags:** Knowing When Divorce Is No Longer Avoidable

---

### [Why People File For Divorce Without Warning](https://familylawadvocate.com/why-people-file-for-divorce-without-warning/)

**Published:** June 1, 2026
**Author:** familylawadvocate

**Content:**

Divorce can sometimes catch one spouse completely off guard. We often hear from people in [Chicago](https://www.chicago.gov/city/en.html) who had no warning that a case was coming. While a marriage might seem stable from the outside, problems can build up over time. Many people wait to share their intentions until they are sure about ending the marriage. By the time papers are filed, they may have already made up their minds both emotionally and practically. This can lead to confusion and stress, especially since legal deadlines start immediately.

## Private Decision Making And Legal Timing

Some spouses take time to consider their decision before telling anyone. They might talk to a lawyer, collect financial documents, and plan what to do next. Illinois law allows divorce for irreconcilable differences under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), and there is no need to prove anyone did something wrong. Because of this, one spouse can start the process without warning. Once the petition is filed and served, the case begins, and the other spouse has a limited time to respond. This can feel abrupt, but it is a common process in Illinois.

### Financial Concerns And Asset Protection

Money concerns often lead people to plan quietly before filing for divorce. A spouse might worry about debt, hidden assets, or losing access to money. Illinois courts divide marital property under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm) using fair principles. Early steps may include listing accounts, figuring out what assets are worth, and checking income sources. We tell clients to be careful and follow the law. Moving or hiding assets can cause trouble in court. Good planning protects your finances without causing new legal problems.

### Parenting Issues And Immediate Court Orders

When children are involved, the timing of a divorce can affect parenting plans. Illinois law puts the child’s best interests first. Sometimes, a spouse files without warning if they think quick court action is needed for the child’s safety or stability. After filing, either parent can ask for temporary orders about parenting time and decisions. These early decisions can influence the rest of the case. We help clients create clear, child-centered plans from the beginning.

### Emotional Factors And Communication Breakdowns

Not talking before filing for divorce often comes from communication problems. Some people feel that talking in the past did not help. Others want to avoid arguments until they are ready to act. While this can make sense emotionally, it may leave the other spouse unprepared. We encourage clients to stay respectful in all communication once the case starts. Emails, texts, and social media posts can be used as evidence. Keeping things calm and steady helps lead to better results.

## What To Do If You Are Caught Off Guard

If you are served with divorce papers, try to focus on what to do next instead of the shock. You have the right to read the petition and respond. You can also ask for temporary help with money, property, or parenting. It is important to gather documents like pay stubs, bank records, and tax returns. Acting quickly helps protect your interests. We help clients through each step so they can make good choices from the start.

## Chicago Divorce Frequently Asked Questions

### 
Why Would My Spouse File For Divorce Without Telling Me?

Many people keep their plans private until they are ready to move forward. They may need time to think, get advice, and sort out their finances. Illinois law allows divorce for irreconcilable differences under 750 ILCS 5/401, so no advance notice is needed. By the time the case is filed, the spouse who files may feel sure about the decision. This can be upsetting, but your legal rights stay the same. You still have the chance to respond and share your side.

### What Should I Do First After Being Served With Divorce Papers?

Begin by reading the petition closely and writing down any deadlines. You must file a response within the time the court gives you. Collect financial records like bank statements, tax returns, and pay stubs. Do not make big financial changes without getting advice. You might also need to handle urgent issues with temporary orders. Getting help early keeps you organized and helps you avoid errors.

### Can My Spouse Move Money Or Assets Before Filing?

A spouse can look over accounts and collect records before filing, but moving money the wrong way can cause legal trouble. Illinois courts divide property under 750 ILCS 5/503 and focus on fairness. If someone hides or wastes assets, the court will consider that. After the case starts, court rules may limit what you can do with money or property. It is important to be careful and keep good records.

### How Does A Sudden Filing Affect Child Custody?

Illinois courts decide parenting matters based on what is best for the child under 750 ILCS 5/602.5 and 5/602.7. A sudden divorce filing does not decide the outcome on its own. Still, early requests for temporary orders can set a pattern for the case. Judges look at stability, how parents communicate, and what the child needs. It is important to show a plan that supports the child and shows you are willing to work together.

### Is It Possible To Slow Down The Process If I Need Time?

In some cases, the court may allow reasonable extensions for filing responses or completing disclosures. The timeline depends on the judge and the issues in the case. While you may be able to request more time, it is best to act quickly. Missing deadlines can affect your rights. A clear plan and prompt action help you stay in control of the process.

## Contact Our Chicago Divorce Attorneys To Discuss Your Legal Options

If you were surprised by a divorce filing or are thinking about what to do next, we can help you move forward with confidence. Gordon & Perlut, LLC serves clients across Illinois and focuses on practical, results-oriented solutions. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We are ready to discuss your situation and help you protect your interests.

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**Categories:** Divorce

**Tags:** Why People File For Divorce Without Warning

---

### [Why Staying “For The Kids” Often Creates More Emotional Stress](https://familylawadvocate.com/why-staying-for-the-kids-often-creates-more-emotional-stress/)

**Published:** May 20, 2026
**Author:** familylawadvocate

**Content:**

Many parents stay in difficult marriages to protect their children from disruption and emotional pain. However, a high-conflict household can cause more stress than a well-managed separation. Children notice tension, even when parents try to hide it. Persistent conflict or emotional distance can influence how children view relationships and may impact their emotional development, behavior, and long-term well-being.

We often work with parents who have remained together for years before divorcing. Many report that the emotional strain became overwhelming for both themselves and their children. Illinois courts prioritize the best interests of the child when deciding parenting responsibilities and time. Under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), courts consider parental mental health, the child’s adjustment, and each parent’s ability to cooperate. Ongoing conflict at home can affect how courts assess these factors.

## How High-Conflict Homes Affect Children

Children absorb the emotional tone of their home. Even indirect tension can affect daily life. They may feel pressured to take sides or worry about instability, which can lead to anxiety, academic issues, or behavioral changes.

Illinois courts assess each parent’s ability to provide stability. Under [750 ILCS 5/602.7(b)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), judges consider the child’s needs and each parent’s willingness to support the child’s relationship with the other parent. Frequent arguments between parents can influence these decisions.

We encourage parents to consider if staying together truly benefits their children. A calm co-parenting arrangement may offer more stability than a high-conflict home.

## Emotional Stress And Parental Communication

Staying together for the children can lead to communication breakdowns. Parents may avoid discussions, suppress emotions, or communicate through conflict, which increases stress and creates an unhealthy environment.

Illinois courts also consider each parent’s ability to cooperate. Under [750 ILCS 5/602.7(b)(3)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-7/), courts evaluate communication and decision-making between parents. When communication has deteriorated, courts may structure parenting arrangements that reduce conflict.

Separated parents often have the opportunity to rebuild communication within a structured setting. Parenting plans define responsibilities and expectations, which can reduce conflict and promote consistency.

## When Divorce May Provide Stability

Divorce does not always lead to instability. In many cases, it establishes clear expectations and reduces daily conflict. Illinois law allows courts to allocate parental responsibilities under 750

ILCS 5/602.5, focusing on education, healthcare, and major life decisions.

Parenting time is addressed under 750 ILCS 5/602.7. Courts aim to maintain meaningful relationships with both parents. When conflict is reduced, children often adjust more easily.

We often see families improve after separation when parents prioritize consistency and cooperation. Children benefit from predictable routines and less tension.

## Legal Considerations When Deciding To Divorce

Illinois is a no-fault divorce state under 750 ILCS 5/401. Irreconcilable differences are sufficient grounds for divorce. Parents considering separation should understand how custody and parenting time decisions are made.

Courts consider factors such as emotional health, cooperation, and stability. Demonstrating commitment to children’s well-being is important. Parents who minimize conflict often achieve better outcomes.

## Frequently Asked Questions About Children And Divorce

### Does Staying Together Always Benefit Children?

Not always. High-conflict environments may increase stress. Courts focus on the child’s best interests under 750 ILCS 5/602.7.

### Will Divorce Harm My Children?

Divorce can be challenging, but reduced conflict often improves emotional stability. Courts prioritize meaningful relationships with both parents.

### How Do Courts Decide Parenting Time?

Parenting time decisions are governed by 750 ILCS 5/602.7. Judges evaluate stability, cooperation, and the child’s needs.

### What If My Spouse And I Argue Frequently?

Frequent conflict may affect custody decisions. Courts consider each parent’s ability to cooperate.

## Call Gordon & Perlut, LLC For About Concerns With Children And Divorce

If you are considering whether staying together is truly best for your children, legal guidance may help you understand your options. Gordon & Perlut, LLC helps parents make informed decisions and protect their families during divorce.

Contact our [Chicago divorce law attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). The firm represents clients throughout all of Illinois and is ready to help you move forward with clarity and confidence.

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**Categories:** Divorce

---

### [How To Protect Your Children's Being When Filing For Divorce](https://familylawadvocate.com/how-to-protect-your-childrens-being-when-filing-for-divorce/)

**Published:** May 15, 2026
**Author:** familylawadvocate

**Content:**

Filing for divorce is a major life change, especially when children are involved. Many parents worry about how separation will affect their children emotionally, academically, and socially. These concerns are valid. Children often sense tension long before divorce papers are filed. When conflict increases, children may experience anxiety, confusion, or fear about the future. We work with parents across [Chicago](https://www.chicago.gov/city/en.html) and throughout Illinois who want to protect their children during this difficult transition. Taking thoughtful steps early in the process can help reduce stress and promote stability.

Illinois courts place a strong emphasis on protecting children during divorce. Under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), courts determine parenting time based on the best interests of the child. This standard focuses on stability, emotional health, and the ability of each parent to support the child’s relationship with the other parent. When parents prioritize their children’s well-being, it often leads to better outcomes both legally and emotionally.

### Maintain Stability And Consistency For Children

Children benefit from routine and consistency. Divorce often disrupts schedules, living arrangements, and family traditions. We encourage parents to maintain stability whenever possible. This may include keeping children in the same school, maintaining familiar activities, and preserving regular routines.

Illinois courts also consider a child’s adjustment to home, school, and community under [750 ILCS 5/602.7(b)(4)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). Demonstrating a commitment to stability can support your parenting goals. When parents show that they are focused on maintaining continuity, courts often view this positively.

Consistency also helps children feel secure. Predictable schedules reduce uncertainty and help children adjust more comfortably to new family arrangements.

### Avoid Conflict In Front Of Children

Conflict between parents can have a significant impact on children. Heated arguments, negative comments, or emotional exchanges may create stress and confusion. We advise parents to avoid discussing legal matters in front of their children. Even subtle tension can affect a child’s emotional well-being.

Illinois courts consider each parent’s willingness to facilitate a positive relationship with the other parent under [750 ILCS 5/602.7(b)(13)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). Speaking negatively about the other parent may harm both the child and your case. Courts often favor parents who encourage cooperation and respectful communication.

Reducing conflict also helps children maintain healthy relationships with both parents. This approach supports emotional stability and reduces long term stress.

### Create A Thoughtful Parenting Plan

A parenting plan outlines how parents will share responsibilities and parenting time. Illinois law requires allocation of parental responsibilities under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm). A clear parenting plan helps reduce misunderstandings and provides structure for children.

We help parents develop parenting plans that address school schedules, holidays, and communication. These plans can also include decision making responsibilities for education, healthcare, and extracurricular activities.

A well-structured parenting plan often reduces conflict and promotes cooperation. It also helps children understand what to expect.

### Support Your Children’s Emotional Needs

Divorce affects children differently depending on age and personality. Some children may withdraw, while others may express frustration. We encourage parents to remain attentive and supportive. Open communication helps children feel heard and reassured.

Professional counseling may also be beneficial in some cases. Courts often support parents who prioritize emotional well-being. Demonstrating a commitment to your child’s needs may also strengthen your position in custody discussions.

### Work Toward Cooperative Co Parenting

Co-parenting can reduce stress and help children adjust more successfully. Illinois courts often encourage cooperation between parents. When parents communicate respectfully and share responsibilities, children benefit from stronger support systems.

We help parents establish communication guidelines and conflict resolution strategies. Cooperative parenting often leads to better outcomes and less litigation.

## FAQs Concerning Divorce Your Children

### 
How Does Illinois Decide Parenting Time?

Illinois courts determine parenting time based on the best interests of the child under 750 ILCS 5/602.7. Courts evaluate factors such as stability, cooperation, and emotional well being.

### Should I Tell My Children About The Divorce?

Yes, but discussions should be age appropriate and calm. Parents should avoid blaming each other and focus on reassuring children.

### Can Conflict Affect Custody Decisions?

Yes. Courts evaluate each parent’s willingness to cooperate under 750 ILCS 5/602.7(b)(13). High conflict may impact parenting time decisions.

### What Is A Parenting Plan?

A parenting plan outlines parenting time and responsibilities. Illinois law addresses parental responsibilities under 750 ILCS 5/602.5.

### Should My Children Stay In The Same School?

Courts consider stability and adjustment under 750 ILCS 5/602.7. Maintaining the same school often supports stability.

### Can Children Speak To The Judge?

In some cases, courts may consider a child’s wishes depending on age and maturity. Courts weigh this factor carefully.

### How Can I Help My Children Adjust?

Maintaining routines, reducing conflict, and providing emotional support often help children adjust.

## Call Gordon & Perlut, LLC, For A Free Phone Consultation

Protecting your children’s well-being during divorce is one of the most important steps you can take. Gordon & Perlut, LLC helps parents develop thoughtful parenting plans and protect their rights throughout the divorce process. Our team works with families across Chicago and throughout Illinois.

Call Gordon & Perlut, LLC today for a free phone consultation. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). The firm represents clients throughout all of Illinois and is ready to help you protect your family and your future.

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**Categories:** Divorce and Custody Lawyer

**Tags:** Divorce Attorneys, How To Protect Your Children's Being When Filing For Divorce

---

### [How One Partner’s Growth Can Create Distance In A Marriage](https://familylawadvocate.com/how-one-partners-growth-can-create-distance-in-a-marriage/)

**Published:** May 8, 2026
**Author:** familylawadvocate

**Content:**

Personal growth is usually seen as a good thing, but it can sometimes put stress on a marriage. One partner might move ahead at work, go back to school, set new priorities, or change their lifestyle. While these changes can be healthy, they might also cause emotional distance, make communication harder, or shift expectations. Over time, these differences can create tension and affect the relationship’s stability. If couples have trouble adjusting, divorce may become a possibility.

We often see cases where one spouse changes in ways the other did not expect. This can lead to problems with communication, money, parenting, or future plans. These changes usually happen slowly, so they can be hard to notice at first. As the differences grow, they may affect legal issues in divorce, like dividing property, deciding on parenting responsibilities, and spousal support.

Illinois recognizes no-fault divorce based on irreconcilable differences under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm). When one partner’s growth creates distance and reconciliation is no longer practical, courts may grant a divorce based on this standard. The law focuses on whether efforts to preserve the marriage have failed and whether further attempts would not serve the family’s best interests.

## How Career Growth Can Affect Divorce Issues

Professional growth often brings financial changes that affect divorce proceedings. A spouse who increases earnings or develops a business may alter the financial landscape of the marriage. Under Illinois law, marital property is divided according to equitable distribution principles under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). This means courts evaluate fairness rather than automatically dividing assets equally.

If one spouse’s growth results in increased income or new assets, those assets may be considered marital property if acquired during the marriage. Courts also consider contributions by both spouses, including non-financial contributions such as supporting a spouse’s education or career development. These factors may influence how assets are divided.

Career growth may also affect spousal maintenance. Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm), courts consider income, earning capacity, and the standard of living established during the marriage. If one spouse’s growth significantly increases income, maintenance may become a central issue.

### Personal Growth And Parenting Responsibilities

Personal growth can also affect parenting decisions. A spouse who changes careers, relocates, or adopts new priorities may create challenges for parenting schedules. Illinois courts allocate parental responsibilities based on the best interests of the child under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm).

Courts consider each parent’s ability to cooperate and provide stability. If personal growth leads to significant changes in availability or parenting style, courts may evaluate how those changes affect children. Judges often prioritize consistency and cooperation when making decisions.

We often advise parents to remain mindful of how changes in lifestyle or priorities may affect parenting arrangements. Courts typically favor stability and collaboration.

### Emotional Distance And Financial Decisions

When personal growth leads to emotional distance, it can also change how couples handle money. They might start managing their finances separately or set different goals. This can lead to disagreements about spending, saving, or investing.

Illinois courts review financial conduct when dividing property. Under 750 ILCS 5/503(d), courts consider factors such as contributions, economic circumstances, and future earning potential. Financial decisions made during periods of distance may become relevant.

### Preparing For Divorce When Growth Creates Distance

When personal growth leads to distance, preparing for potential legal issues may help reduce uncertainty. We often recommend documenting finances, understanding assets, and considering parenting priorities. Early planning can help individuals make informed decisions.

Learning about Illinois divorce law can help you understand your options. Personal growth does not always end in divorce, but if it does, being prepared can lead to better results.

## Distance Leading To Divorce FAQs

### Can Personal Growth Lead To Divorce In Illinois?

Yes. Personal growth may create differences that lead to irreconcilable differences under 750 ILCS 5/401. Courts focus on whether the marriage can be preserved.

### How Does Career Growth Affect Property Division?

Income increases and new assets acquired during marriage may be considered marital property under 750 ILCS 5/503. Courts evaluate fairness when dividing assets.

### Can One Spouse Receive Maintenance After Divorce?

Yes. Courts may award maintenance under 750 ILCS 5/504 based on income, earning capacity, and standard of living.

### Does Personal Growth Affect Child Custody?

Courts evaluate parenting responsibilities under 750 ILCS 5/602.7. Changes in schedules or priorities may influence decisions.

### What If One Spouse Moves For Career Growth?

Relocation may affect parenting time. Courts evaluate the child’s best interests when considering relocation.

## Call Gordon & Perlut, LLC to Discuss Your Options

If personal growth is causing distance in your marriage, getting legal advice can help you understand your choices and protect your future. Gordon & Perlut, LLC helps people facing divorce and family law challenges. Our team offers caring advice and practical solutions.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We serve clients across Illinois and are ready to help you move forward.

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**Categories:** Divorce

**Tags:** Chicago divorce attorneys, How One Partner’s Growth Can Create Distance In A Marriage

---

### [Why Ambivalence Is Normal When Facing Divorce](https://familylawadvocate.com/why-ambivalence-is-normal-when-facing-divorce/)

**Published:** May 1, 2026
**Author:** familylawadvocate

**Content:**

Choosing whether to divorce is almost never easy. Many people feel torn, with their emotions shifting from one day to the next. Sometimes things seem clear, but doubts can quickly return. We often talk to people who feel both relieved and anxious at once. These mixed emotions are normal because divorce impacts family, finances, and future plans. Knowing that ambivalence is common can ease stress and help you make thoughtful choices.

Illinois divorce law understands that some marriages cannot be repaired. Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), couples can get divorced because of irreconcilable differences, without needing to prove anyone was at fault. Even when this is the case, people often still feel uncertain. Many still care about their spouse or worry about their children and finances. These feelings are common, even when divorce seems like the right step.

## How Ambivalence Affects Legal Decision Making

Feeling unsure can make it hard to make legal decisions. Some people put off collecting financial papers, delay starting the divorce process, or avoid talking about parenting plans. These reactions are normal, but waiting too long can sometimes cause problems. Divorce in Illinois involves sharing financial information, dividing property, and making parenting choices. Learning about these steps early can help you feel less uncertain.

Property division in Illinois follows [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). Courts divide marital property based on what is fair, not just a 50/50 split. Knowing how this works can help you feel more confident about your finances. People often feel less uncertain once they understand how assets might be divided.

Spousal maintenance is another worry for many. Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm), courts look at income, earning ability, and how long the marriage lasted. Many people are concerned about money after divorce. Understanding how maintenance is decided can help ease these worries.

### Parenting Concerns Often Create Emotional Conflict

Parents often feel the most unsure when children are involved. Divorce changes where kids live, their schedules, and daily routines. Illinois courts focus on what is best for the child under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). Judges look at things like how involved each parent is and how well they can work together.

We encourage parents to think about long-term stability for their children. Knowing that courts put the child’s well-being first can help ease anxiety. Many parents feel better knowing that parenting time and responsibilities are set up to support their kids.

Parents may also feel unsure because they worry about losing time with their children. Learning how parenting time works can help you feel more ready for what’s ahead.

### Financial Uncertainty And Future Planning

Financial uncertainty is another major factor contributing to ambivalence. Divorce may involve dividing retirement accounts, real estate, and other assets. Illinois law provides guidelines to address these issues. Understanding legal protections often helps individuals move forward with greater confidence.

We suggest collecting your financial information early. This helps you see your options and feel less uncertain. Planning ahead can also help you avoid surprises later on.

### Moving Forward With Clarity

Feeling unsure is a normal part of going through divorce. Taking time to learn about your legal rights and options can help you make better decisions. We help our clients find clarity and support during this tough time. Knowing how Illinois divorce law works can help you feel more confident about what comes next.

## Frequently Asked Questions About Divorce

### Is It Normal To Feel Unsure About Divorce?

Yes. Many individuals experience mixed emotions. Divorce affects many aspects of life, including finances and family relationships.

### Do I Have To Prove Fault To File For Divorce In Illinois?

No. Illinois allows divorce based on irreconcilable differences under 750 ILCS 5/401.

### How Is Property Divided in an Illinois Divorce?

Property is divided under equitable distribution rules in 750 ILCS 5/503. Courts consider fairness rather than equal division.

### Will I Have To Pay Or Receive Spousal Support?

Spousal maintenance is determined under 750 ILCS 5/504. Courts consider income, duration of marriage, and other factors.

### How Are Parenting Decisions Made?

Courts determine parenting responsibilities under 750 ILCS 5/602.7. The child’s best interests are the primary focus.

## Call Gordon & Perlut, LLC, For Legal Guidance on Divorce

If you are experiencing uncertainty about divorce, speaking with an attorney may help you understand your options. Gordon & Perlut, LLC provides guidance for individuals facing difficult divorce decisions. Our team works with clients throughout Illinois and helps them move forward with clarity and confidence.

Call Gordon & Perlut, LLC today for a free phone consultation. Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are ready to help you understand your next steps.

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**Categories:** Divorce

---

### [Can My Spouse Empty Our Bank Accounts Before Divorce In Illinois?](https://familylawadvocate.com/can-my-spouse-empty-our-bank-accounts-before-divorce-in-illinois/)

**Published:** April 21, 2026
**Author:** familylawadvocate

**Content:**

Financial concerns often arise before a divorce is filed. Many clients discover significant withdrawals from joint accounts without notice, leading to understandable concern about paying bills. In Illinois, while a spouse may access joint accounts, withdrawing all funds can have legal consequences.

Illinois follows an equitable distribution system under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). That means marital property is divided fairly, not necessarily equally. Funds in joint bank accounts are usually considered marital property if earned during the marriage. Even if one spouse withdraws the money, the court still has authority to account for those funds during property division. Emptying an account may create serious legal problems for the spouse who took the money.

## When A Spouse Has Legal Access To The Account

If both spouses are on a joint account, either may withdraw funds without the other’s permission. This often leads to disputes before divorce proceedings begin.

However, once a divorce case begins, the court can enter temporary restraining provisions under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm). These orders can prohibit transferring, hiding, or wasting marital assets. Violating a court order may lead to sanctions.

Even before filing, Illinois courts frown on what is known as dissipation of assets. Under [750 ILCS 5/503(d)(2)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), dissipation refers to the use of marital funds for a purpose unrelated to the marriage during a breakdown. If one spouse empties an account for personal use, the court can consider that conduct when dividing property.

### What Happens If The Money Is Already Gone

If a spouse has already withdrawn funds, that does not mean the money is lost forever in the legal sense. The court can require a full accounting. Judges have broad authority under 750 ILCS 5/503 to divide assets in a way that addresses unfair conduct.

For example, if one spouse took fifty thousand dollars from a joint account and used it for personal expenses, the court may award the other spouse a greater share of the remaining marital assets to balance the division. The court may also consider the conduct when awarding maintenance under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm) if appropriate.

The key issue is documentation. Bank statements, transaction histories, and proof of spending is essential. Preserve bank statements, transaction histories, and proof of spending as soon as possible.st temporary financial relief under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm). This can include temporary maintenance, child support, and orders preventing further asset transfers. Courts aim to preserve the status quo while the case is pending.

If children are involved, child support is governed by [750 ILCS 5/505](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K505.htm). Courts focus on ensuring that the children’s needs are met, regardless of financial disputes between parents.

We advise against responding to financial shocks with impulsive actions. Retaliatory withdrawals can escalate conflict and complicate your case.

### Strategic Response Is Essential

When financial trust breaks down, emotions can run high. However, divorce is a legal process, and every action may affect the outcome. Courts focus on fairness, not retribution.

We act promptly to secure financial stability. This may involve filing for temporary restraining orders, requesting emergency hearings, or negotiating short-term agreements to protect income and essential expenses.

## Divorce Frequently Asked Questions

### Can My Spouse Legally Withdraw All The Money From A Joint Account?

If the account is jointly titled, the bank may allow either spouse to withdraw funds. However, that does not mean the withdrawal is without legal consequence. Illinois courts treat marital funds as subject to equitable division under 750 ILCS 5/503. A judge can consider the withdrawal when dividing assets.

### What Is Dissipation Of Assets In Illinois?

Dissipation occurs when a spouse uses marital funds for purposes unrelated to the marriage after the relationship breaks down. Under 750 ILCS 5/503(d)(2), courts may consider dissipation during property division. Clear evidence of spending and timing is necessary.

### Can The Court Order My Spouse To Return The Money?

The court may not order direct repayment, but can compensate the other spouse through an unequal division of remaining assets. Judges have broad discretion to ensure a fair outcome under Illinois law.

### Should I Close Joint Accounts Immediately?

Closing accounts without court approval may escalate conflict. Seek legal advice before taking action. Courts can issue temporary orders under 750 ILCS 5/501 to prevent further transfers.

### What If My Spouse Empties The Account To Pay Bills?

Context is important. If funds were used for legitimate marital expenses, courts may view this differently than if funds were spent for personal or unrelated reasons. Documentation remains essential.

## Contact Gordon & Perlut, LLC For A Free Phone Consultation To Discuss Divorce Issues

If you are concerned your spouse may empty joint accounts before or during divorce, seek legal guidance promptly. Gordon & Perlut, LLC represents clients throughout Illinois in complex divorce and financial matters.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/)

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### [50-50 Shared Custody Presumption and Fathers’ Rights](https://familylawadvocate.com/50-50-shared-custody-presumption-and-fathers-rights/)

**Published:** April 15, 2026
**Author:** familylawadvocate

**Content:**

## Fathers’ Rights, Legal Standards, and Strategic Guidance in Chicago and Skokie

### The Evolving Landscape of Fathers’ Rights in Illinois Custody Law

For fathers in Chicago, Skokie, and throughout [Cook County](https://www.cookcountyil.gov/) and [Lake County](https://www.lakecountyil.gov/), child custody law in Illinois has undergone a significant and meaningful evolution. Historically, many fathers believed that courts favored mothers in custody determinations, particularly when it came to parenting time and primary residential arrangements. While Illinois law has never explicitly endorsed gender-based preferences, practical outcomes in earlier decades often left fathers with limited parenting time.

Today, the legal framework has shifted substantially. Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=3900000&SeqEnd=5400000), courts now operate under a gender-neutral standard focused exclusively on the best interests of the child. This shift has opened the door for more balanced parenting arrangements, including the increasing prevalence of 50/50 shared custody.

However, it is critical to understand that Illinois does not have a strict legal presumption requiring courts to award equal parenting time. Instead, courts consider a wide range of statutory factors when allocating parental responsibilities and parenting time. Despite the absence of a formal presumption, many courts in Cook County and surrounding jurisdictions are increasingly receptive to shared parenting arrangements when both parents are actively involved and capable.

## Understanding Custody Terminology in Illinois

### From “Custody” to “Parental Responsibilities”

Illinois law no longer uses the traditional terms “custody” and “visitation.” Instead, the statute refers to the allocation of [parental responsibilities](https://familylawadvocate.com/divorce/child-custody/) and [parenting time](https://familylawadvocate.com/divorce/visitation/). This shift in terminology reflects a broader legal philosophy that prioritizes shared parenting and reduces adversarial framing.

Parental responsibilities are divided into two primary components:

- Decision-making responsibilities, which include major decisions about education, healthcare, religion, and extracurricular activities
- Parenting time, which refers to the schedule governing when the child resides with each parent

This framework allows courts to create flexible arrangements that reflect the realities of modern parenting, particularly in metropolitan areas like [Chicago](https://www.chicago.gov/) and suburban communities such as Skokie, Evanston, and Glenview.

### Legal Significance for Fathers

For fathers, this change is more than semantic. It reinforces the principle that both parents are equally important in a child’s life. Courts are now more inclined to evaluate each parent’s involvement, rather than defaulting to traditional roles.

## Is There a 50/50 Custody Presumption in Illinois?

### The Legal Reality: No Automatic Presumption

Contrary to common belief, Illinois law does not mandate a 50/50 parenting time arrangement. The statute does not create a legal presumption that equal parenting time is required or even preferred.

Instead, [Illinois courts are guided by the best interests of the child standard](https://illinois17th.com/public-info/information-and-frequently-asked-questions-about-guardian-ad-litem/best-interest-factors), which requires a fact-specific analysis of each case. Judges in the Cook County Circuit Court and surrounding jurisdictions evaluate multiple factors before determining an appropriate parenting schedule.

### Practical Trend Toward Shared Parenting

Although there is no statutory presumption, there has been a clear trend toward more balanced parenting time arrangements. Courts increasingly recognize the importance of both parents maintaining meaningful relationships with their children.

In many cases, especially where both parents live within close proximity in areas like Chicago and Skokie, a 50/50 schedule is considered a viable and often desirable option. This is particularly true when both parents have demonstrated consistent involvement in the child’s upbringing.

## The Best Interests of the Child Standard

### Core Legal Framework

All custody decisions in Illinois are governed by the [best interests of the child standard](https://www.childwelfare.gov/resources/determining-best-interests-child-illinois/) as outlined in the IMDMA. This standard requires courts to evaluate a comprehensive set of factors to determine what arrangement will best serve the child’s physical, emotional, and developmental needs.

### Key Factors Considered by Courts

Courts consider numerous factors, including the level of each parent’s involvement in the child’s daily life, the ability of each parent to provide a stable and nurturing environment, and the willingness of each parent to support the child’s relationship with the other parent.

Judges also evaluate the child’s adjustment to home, school, and community, which is particularly relevant in urban environments like Chicago, where school districts and neighborhood stability play a significant role.

The ability of parents to cooperate and communicate is another critical factor. Joint parenting arrangements, including 50/50 schedules, require a functional co-parenting relationship. High-conflict situations may lead courts to limit shared parenting time even if both parents are otherwise capable.

## How 50/50 Parenting Time Works in Practice

### Common Scheduling Structures

In cases where courts or parents agree to equal parenting time, several scheduling models are commonly used.

One popular arrangement is the alternating week schedule, where the child spends one week with each parent. This structure provides consistency and minimizes transitions, which can be beneficial for school-aged children.

[Another common model is the 2-2-3 schedule](https://www.custodyxchange.com/topics/schedules/50-50/2-2-3.php), where the child alternates between parents every few days. This allows for more frequent contact with both parents but requires careful coordination.

Extended weekend schedules are also used, particularly when parents have demanding work schedules. These arrangements can approximate equal time while accommodating logistical constraints.

### Geographic Considerations in Chicago and Skokie

In densely populated areas like Chicago and surrounding suburbs, proximity between parents’ homes is a critical factor. Courts are more likely to approve 50/50 arrangements when parents live within a reasonable distance of the child’s school and activities.

For fathers in Skokie or nearby communities such as Lincolnwood, Morton Grove, or Evanston, demonstrating geographic stability can significantly strengthen a case for equal parenting time.

## Fathers’ Rights Under Illinois Law

### Equal Standing in Custody Determinations

[Illinois law explicitly prohibits gender-based discrimination in custody decisions](https://ir.library.illinoisstate.edu/cgi/viewcontent.cgi?article=1631&context=etd). Fathers have the same legal rights as mothers when it comes to parenting time and decision-making responsibilities.

However, achieving equal parenting time often requires proactive effort. Courts base their decisions on evidence, not assumptions. Fathers must demonstrate their involvement, commitment, and ability to meet their child’s needs.

### Overcoming Historical Biases

While the law is gender-neutral, some fathers still perceive lingering biases in the system. Overcoming these perceptions requires a strategic approach focused on presenting clear, compelling evidence of parental involvement.

This includes documenting participation in school activities, medical appointments, and daily caregiving responsibilities. Fathers who can show a consistent pattern of engagement are more likely to secure substantial parenting time.

## Strategic Considerations for Fathers Seeking 50/50 Custody

### Demonstrating Active Involvement

Courts place significant weight on each parent’s role in the child’s life prior to the custody dispute. Fathers who have been actively involved in caregiving, education, and extracurricular activities are in a stronger position to argue for equal parenting time.

This involvement should be documented and presented clearly during legal proceedings. Evidence may include school records, communication logs, and testimony from teachers or caregivers.

### Establishing Stability

Stability is a key consideration in custody cases. Fathers should be prepared to demonstrate that they can provide a consistent and supportive environment for their children.

This includes maintaining suitable housing, stable employment, and a structured routine that supports the child’s development. In areas like Chicago and Skokie, proximity to the child’s school and community is particularly important.

### Promoting Cooperative Co-Parenting

Courts strongly favor parents who are willing to facilitate a positive relationship between the child and the other parent. [Fathers who demonstrate a cooperative approach to co-parenting](https://pmc.ncbi.nlm.nih.gov/articles/PMC7986964/) are more likely to be awarded shared parenting time.

This includes maintaining respectful communication, adhering to existing schedules, and avoiding behavior that could be perceived as obstructive or hostile.

## Challenges to Achieving 50/50 Custody

### High-Conflict Relationships

One of the most significant barriers to equal parenting time is conflict between parents. Courts may be reluctant to order a 50/50 arrangement if communication is poor or disputes are frequent.

### Work Schedule Limitations

Demanding or irregular work schedules can also impact a parent’s ability to maintain equal parenting time. Fathers with non-traditional hours may need to propose creative scheduling solutions.

### Relocation and Distance

Geographic distance between parents can make equal parenting time impractical. Courts prioritize the child’s need for stability, particularly in relation to school and community ties.

## The Role of the Cook County Circuit Court

Custody cases in Chicago and Skokie are handled by the [Cook County Circuit Court](https://www.cookcountycourtil.gov/), which applies Illinois law and local procedural rules.

Judges in Cook County are experienced in handling complex custody disputes and often encourage mediation as a means of resolving conflicts. Parenting plans that are mutually agreed upon are more likely to be approved, provided they serve the child’s best interests.

Understanding local court practices and expectations is essential for fathers seeking to maximize their parenting time.

## Frequently Asked Questions About 50/50 Custody and Fathers’ Rights in Illinois

### Does Illinois automatically grant 50/50 custody?

No. Illinois law does not require courts to award equal parenting time. Each case is decided based on the best interests of the child, which involves a detailed evaluation of multiple factors.

### Can fathers realistically obtain equal parenting time?

Yes, many fathers in Chicago and Skokie successfully obtain 50/50 parenting time. Success depends on demonstrating involvement, stability, and the ability to co-parent effectively.

### What factors hurt a father’s chances of equal custody?

Factors such as limited prior involvement, unstable living conditions, and high conflict with the other parent can negatively impact a father’s case.

### How can I improve my chances of getting 50/50 custody?

Fathers should focus on active involvement, maintaining a stable home environment, and demonstrating a willingness to cooperate with the other parent.

### Does the child’s preference matter?

Courts may consider the child’s preference, particularly for older children, but it is only one factor among many.

### What if the other parent refuses to cooperate?

Courts can implement structured parenting plans and dispute resolution mechanisms to address the lack of cooperation.

## Speak With Our Chicago or Skokie Family Law Attorneys

If you are a [father seeking to protect your parental rights in Chicago,](https://familylawadvocate.com/fathers-rights/) Skokie, or surrounding Cook County or Lake County communities, understanding the legal framework is only the first step.

Custody cases require careful strategy, strong evidence, and a clear presentation of your role in your child’s life. Whether you are pursuing a 50/50 parenting arrangement or seeking to increase your parenting time, experienced legal guidance can make a significant difference.

Consult with our knowledgeable Illinois family law attorneys who understand the nuances of the IMDMA and local court systems. Taking proactive steps now can help ensure that you remain an active and meaningful presence in your child’s life for years to come.

Do you have questions about how parental responsibilities are allocated in the Chicago area, or the benefits of 50-50 shared custody? A [Chicago fathers’ rights lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 to schedule an initial consultation.

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### [How To Find The Right Divorce Attorney In Chicago (And Red Flags To Avoid)](https://familylawadvocate.com/how-to-find-the-right-divorce-attorney-in-chicago-and-red-flags-to-avoid/)

**Published:** April 14, 2026
**Author:** familylawadvocate

**Content:**

Selecting a divorce attorney in Chicago is a critical decision. Divorce impacts your finances, children, and long-term stability. The right attorney protects your rights and guides you toward informed decisions, while the wrong one can increase stress, cause delays, and add unnecessary costs. Because Illinois divorce law is detailed and structured, strong legal guidance is essential.

In Illinois, divorce is governed by the Illinois Marriage and Dissolution of Marriage Act[, 750 ILCS 5/101](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=3900000&SeqEnd=5400000). This law covers property division, parenting time, child support, and spousal maintenance. Since divorce involves both legal and personal considerations, you need an attorney who understands both. Clients should know what to seek and what to avoid before hiring representation.

## Look For Experience With Illinois Divorce Law

Illinois is a no-fault divorce state under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), allowing courts to grant divorce based on irreconcilable differences. While this may seem straightforward, dividing assets and assigning parental responsibilities can be complex.

Property division follows equitable distribution under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). Courts consider factors such as duration of marriage, contributions of each spouse, and future earning capacity. Child-related issues are governed by [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), which focus on the best interests of the child.

A qualified divorce attorney should know how these statutes are applied in court. Ask how frequently the attorney handles divorce cases and whether they have experience with contested hearings.

### Assess Communication And Strategy

Divorce involves negotiation, preparation, and sometimes litigation, not just paperwork. Your attorney should explain your options clearly and respond promptly to you. Clients deserve direct communication and honest advice. Some cases require strong courtroom advocacy, while others benefit from negotiation. Under [750 ILCS 5/602.10](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.10.htm), mediation is often required in parenting disputes. A good attorney prepares for mediation and is ready for trial if necessary. Be cautious of vague answers, unrealistic promises, or pressure to make quick decisions without clear explanation.

### Evaluate Transparency About Fees

Legal fees are a key consideration. While Illinois law allows courts to allocate attorney fees under 750 ILCS 5/508 in some cases, most clients are responsible for their own costs.

Understand the billing process before signing any agreement. Clear fee structures and open discussions about likely costs reflect professionalism. Avoid attorneys who cannot explain their fees or guarantee specific outcomes.

### Watch For Conflict Escalation Without Purpose

Some attorneys are aggressive in every situation. While assertiveness is sometimes necessary, unnecessary conflict can increase costs and negatively affect children. Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm) and [750 ILCS 5/505](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K505.htm), maintenance and child support are determined by statutory guidelines. These matters require accuracy, not theatrics.

A good attorney knows when to advocate strongly and when to resolve matters efficiently. If an attorney appears more interested in conflict than in practical solutions, consider this carefully. Chicago area courts have specific procedures and expectations. Familiarity with local judges and courtroom practices helps move cases forward efficiently. Experience in Cook County and nearby counties is valuable.

Selecting an attorney who regularly practices in Illinois family courts helps ensure your case is managed efficiently and strategically.

## Divorce FAQs

### How Long Does A Divorce Take In Illinois?

Under 750 ILCS 5/401, there is no set timeline beyond residency requirements. Uncontested cases without children may proceed quickly. Cases involving children or disputes often take longer due to mediation, financial discovery, and court scheduling.

### What Is Equitable Distribution In Illinois

Equitable distribution under 750 ILCS 5/503 means marital property is divided fairly, not always equally. Courts consider factors such as income, contributions to the marriage, and future earning potential. It is important to understand how assets are classified as marital or non-marital.

### How Is Child Custody Determined?

Illinois refers to child custody as allocation of parental responsibilities. Under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, courts consider the best interests of the child, including each parent’s involvement, the child’s needs, and the ability to cooperate in decision-making.

### Can Attorney Fees Be Paid By The Other Spouse?

In some cases, courts may allocate attorney fees under 750 ILCS 5/508 if there is a significant financial imbalance. However, this is not automatic. Discuss fee expectations clearly at the outset of representation.

### Is Mediation Required In Divorce Cases?

Mediation is often required for parenting disputes under 750 ILCS 5/602.10 to encourage resolution outside of court. Even when mediation is required, preparation is essential to protect your interests.

## Contact Gordon & Perlut, LLC For Your Free Phone Consultation

If you are seeking a divorce attorney in Chicago, Gordon & Perlut, LLC offers clear guidance and strong representation. We serve clients throughout Illinois, focusing on protecting financial interests and parental rights.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We are ready to discuss your situation and help you move forward with confidence.

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### [Child Support with Separate Mothers](https://familylawadvocate.com/child-support-with-separate-mothers/)

**Published:** April 8, 2026
**Author:** familylawadvocate

**Content:**

## How Support Is Calculated When There Are Separate Mothers

Child support cases become significantly more complex when a parent has children with more than one partner. In Illinois, this situation is not uncommon, particularly in densely populated areas such as Chicago, Skokie, and surrounding[ Cook County](https://www.cookcountyil.gov/) communities. When a parent has multiple child support obligations across different households, courts must carefully balance fairness, statutory requirements, and the best interests of each child.

Illinois law does not treat each child support case in isolation when multiple families are involved. Instead, courts apply a structured approach under the Illinois Marriage and Dissolution of Marriage Act to account for existing obligations, available income, and equitable distribution of financial responsibility. This framework is commonly referred to in practice as Illinois child support for multiple families.

For parents navigating these situations, understanding how the law applies is critical. Whether you are paying support for children from different relationships or seeking support as a recipient, the outcome of your case depends heavily on how income is calculated, how prior obligations are treated, and how the court evaluates competing financial responsibilities.

## The Illinois Income Shares Model: Foundation of Child Support Calculations

### How the Income Shares Model Works

[Illinois uses the Income Shares Model](https://hfs.illinois.gov/childsupport/parents/incomeshares.html) to calculate child support. This approach is designed to approximate the amount of financial support a child would have received if both parents lived in the same household.

Under this model, the combined net income of both parents is used to determine a baseline support obligation. That obligation is then divided proportionally based on each parent’s share of the total income.

For example, if one parent earns 70 percent of the combined income and the other earns 30 percent, each parent is responsible for that percentage of the calculated support amount.

### Why the Model Becomes More Complex With Multiple Families

When a parent has children with multiple mothers, the Income Shares Model must be adjusted to account for existing support obligations. Courts cannot simply apply the formula independently to each case without considering the financial impact on the payor and the fairness to all children involved.

This is where multi-family adjustments and prior obligation deductions come into play.

## Prior Obligation Deduction vs. Concurrent Support Orders

### Understanding Prior Child Support Obligations

One of the most important factors in multi-family cases is whether a child support obligation already exists before a new case is filed. In Illinois, a prior obligation is typically treated as a deduction from the payor’s income when calculating support for a subsequent case.

This means that if a parent is already paying court-ordered child support for a child from a previous relationship, that amount may be subtracted from their net income before determining the new support obligation.

### How Courts Treat Concurrent Obligations

When multiple support cases are active at the same time, courts must evaluate how to allocate income across all obligations. Unlike prior obligations, concurrent cases do not always receive straightforward deductions.

Instead, courts may:

- Adjust the income available for each case
- Consider the needs of all children involved
- Evaluate fairness across households

How does the multi-family adjustment work in practice? Imagine we have Parent #1 and Parent #2, who have one child (Child B) and are in the process of getting divorced. Parent #1 already has a child from a previous marriage (Child A) for whom he pays a child support obligation of 20 percent of his net income. His monthly net income in total—prior to any reductions—is $4,000. For a number of years, Parent #1 has been paying $800 per month (or, 20 percent of his net income) for Child A.

When the court goes to determine the child support obligation for Child B, it will “adjust” Parent #1’s monthly net income by $800—the amount he pays for child support of Child A. As such, the court will say that, for the purposes of calculating child support for Child B, Parent #1’s net monthly income is $3,200. The court will then do the remaining calculations, adding that amount to Parent #2’s income and determining a child support obligation.

This process can vary depending on the timing of filings, the specific facts of each case, and the discretion of the court.

### Practical Application in Cook County Courts

In courts such as the [Daley Center in Chicago](https://www.cookcountycourtil.gov/location/richard-j-daley-center) and the [Skokie Courthouse](https://www.cookcountycourtil.gov/location/skokie-courthouse) in the Second Municipal District, judges frequently encounter multi-family child support scenarios. These courts apply the statutory framework while also exercising discretion to ensure equitable outcomes.

This means that outcomes can vary, and having experienced legal guidance is essential to presenting a clear and accurate financial picture.

## Factors That Influence Child Support Across Multiple Households

### Allocation of Income and Financial Resources

The primary consideration in any child support case is the financial capacity of the parents. When multiple families are involved, courts must evaluate:

- Total net income of the payor
- Existing support obligations
- Financial needs of each child

This requires a comprehensive analysis of income sources, including wages, bonuses, and in some cases, benefits such as Social Security or workers’ compensation.

### Healthcare and Insurance Costs

Health insurance is a required component of Illinois child support orders. When a parent is responsible for providing coverage for multiple children across different households, the cost must be allocated appropriately.

Courts may adjust support calculations to account for these expenses, ensuring that each child has access to necessary healthcare.

### Extracurricular and Educational Expenses

In addition to basic support, courts may consider additional expenses such as:

- Extracurricular activities
- School-related costs
- Childcare expenses

When multiple families are involved, these costs must be balanced carefully to avoid placing an undue burden on the payor while still meeting the needs of each child.

## Custody, Parenting Time, and Their Impact on Support

### Parenting Time Adjustments

Illinois child support calculations also take into account the amount of parenting time each parent has with the child. When a parent has significant parenting time, adjustments may be made to the support obligation.

In multi-family situations, this can further complicate calculations, as parenting time may differ across households.

### Shared Parenting Considerations

In cases involving shared parenting arrangements, courts may use alternative formulas to determine support. These calculations consider both parents’ incomes and the amount of time each parent spends with the child.

## Modifying Child Support in Multi-Family Situations

### When Modification Is Appropriate

Child support orders are not static. They can be modified when there is a substantial change in circumstances. In multi-family cases, common reasons for modification include:

- Changes in income
- New child support obligations
- Changes in custody or parenting time

### Filing for Modification in Cook County

Parents seeking modification must file a petition with the appropriate court, such as the Circuit Court of Cook County. Cases involving Skokie residents are often handled at the Skokie Courthouse.

The process requires detailed financial documentation and a clear demonstration of how circumstances have changed.

### Importance of Accurate Financial Disclosure

Accurate financial disclosure is critical in modification cases. Courts rely heavily on this information to determine whether adjustments are warranted.

## Challenges Unique to Multi-Family Child Support Cases

### Balancing Fairness Across Households

One of the most challenging aspects of these cases is ensuring fairness. Courts must balance the needs of multiple children while considering the financial limitations of the payor.

### Avoiding Double Counting of Income

Improper calculations can lead to situations where income is effectively counted more than once. Ensuring accurate calculations is essential to achieving a fair outcome.

### Navigating Legal Complexity

The interaction between multiple support orders, statutory guidelines, and judicial discretion creates a complex legal landscape. Professional legal guidance can help clarify these issues and protect your interests.

## FAQs About Illinois Child Support for Multiple Families

### How does Illinois calculate child support when there are multiple children with different mothers?

Illinois courts apply the Income Shares Model while considering prior obligations and available income. Adjustments are made to ensure fairness across all cases.

### Does having more children reduce my existing child support payments?

Not automatically. Courts evaluate each case individually and may adjust obligations based on new circumstances.

### Can I request a modification if my income changes?

Yes. A substantial change in income may justify a modification of child support.

### What happens if I cannot afford multiple support payments?

Courts may adjust obligations based on financial hardship, but proper legal procedures must be followed.

### Do courts treat all children equally?

Courts aim to ensure that all children receive appropriate support, but outcomes depend on the specific facts of each case.

### How are healthcare costs handled across multiple families?

Healthcare costs are allocated based on responsibility and may be factored into support calculations.

### Can parenting time affect support obligations?

Yes. Parenting time is a significant factor in determining support amounts.

## **Contact a Chicago Child Support Attorney**

Child support cases involving multiple families require careful legal analysis and a thorough understanding of Illinois law. The interplay between prior obligations, concurrent cases, and financial resources creates a complex framework that must be navigated with precision. For parents in Chicago, Skokie, and throughout Cook County, understanding how these factors apply to your situation is essential for achieving a fair outcome.

If you are dealing with child support issues involving multiple families, it is important to seek experienced legal guidance. These cases require detailed financial analysis and strategic advocacy to ensure that your rights and obligations are properly addressed.

[Contact our knowledgeable Chicago child support lawyer](https://familylawadvocate.com/contact-us/) or Skokie[ child support attorney](https://familylawadvocate.com/divorce/child-support/) today at 312-360-0250 to schedule a consultation. An experienced legal professional can evaluate your case, explain your options, and help you navigate the complexities of Illinois child support law with confidence.

**Two Convenient Locations:**

[Gordon & Perlut Chicago](https://maps.app.goo.gl/Bi1d3eQDhdJYXdrs7)

 22 W Washington St #1500, Chicago, IL 60602

[Gordon & Perlut Skokie](https://maps.app.goo.gl/ekPfUZWNqvMo2aRLA)

Old Orchard Towers

5250 Old Orchard Rd Ste 300, Skokie, IL 60077

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**Categories:** Chicago Child Support Lawyers

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### [What To Do Immediately After You’re Served Divorce Papers](https://familylawadvocate.com/what-to-do-immediately-after-youre-served-divorce-papers/)

**Published:** April 6, 2026
**Author:** familylawadvocate

**Content:**

Being served with divorce papers is often overwhelming, and initial reactions may include shock, anger, or confusion. It is essential to pause and think clearly, as early decisions can impact property rights, parenting time, and financial stability. Illinois divorce law requires strict adherence to procedures, and missing deadlines or reacting impulsively can create lasting challenges. We guide clients throughout Chicago and Illinois to take steady, strategic steps from the outset.

In Illinois, a divorce begins when a Petition for Dissolution of Marriage is filed under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm). Once you are served with a summons and petition, you are officially a party to a court case. That means deadlines apply, and the court has authority over issues such as property division, parental responsibilities, and support.

## Do Not Ignore The Papers

The most important rule is not to ignore the documents. A summons usually requires a response within 30 days under Illinois Supreme Court Rules. Failing to file an appearance and answer allows your spouse to seek a default judgment, which may result in the court granting requests without your input.

We ensure our clients respond promptly and protect their rights from the beginning. Filing an appearance guarantees your participation in the process.

## Read The Petition Carefully

The petition outlines what your spouse is asking the court to decide. It may address division of marital property under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), allocation of parental responsibilities under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), parenting time under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), child support under [750 ILCS 5/505](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K505.htm), and maintenance under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm).

Understanding these requests is essential. Some petitions use broad language regarding asset division, while others make specific demands. We review each allegation and determine the appropriate legal response.

## Protect Financial Information

After being served, promptly gather financial records, including:

- Recent tax returns
- Bank statements
- Retirement account statements
- Mortgage and credit card statements
- Business records, if applicable

Illinois courts divide marital property equitably under 750 ILCS 5/503, and full financial disclosure is required. Organized documentation strengthens your position and helps prevent unexpected issues.

If there are concerns about assets being moved or accounts being drained, temporary relief may be requested under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) to preserve the status quo.

## Be Cautious With Communication

Emotions often run high at this stage. Heated texts, emails, or social media posts may be used as evidence. Communications about parenting or finances should remain calm and factual. Courts focus on the best interests of the child under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm) when parenting time is at issue. Hostile exchanges can undermine your credibility.

We advise clients to consider long-term outcomes. Every communication should demonstrate maturity and responsibility.

## Do Not Make Major Decisions Without Advice

Do not sell property, withdraw funds, or relocate with children without legal advice. Moving a child without court approval can create serious issues under [750 ILCS 5/609.2](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K609.2.htm). Sudden financial actions may draw court scrutiny.

Early strategic decisions can influence settlement negotiations and court hearings. Careful planning is essential.

## Consider Temporary Orders

Many divorce cases require temporary orders for parenting schedules, support, or use of the marital home. Courts may grant temporary relief under 750 ILCS 5/501. Preparation for these hearings requires thorough documentation and a clear presentation of facts.

We assist clients in preparing evidence and presenting arguments to protect stability during the case.

## Focus On Strategy, Not Reaction

Divorce involves both emotional and legal challenges. In the first days after service, focus on protecting your rights and developing a plan. A strong legal strategy prepares you for negotiation or litigation as the case progresses.

## Divorce Frequently Asked Questions

### How Long Do I Have To Respond After Being Served Divorce Papers In Illinois?

You generally have 30 days to file an appearance and response after being served. Failing to respond may result in a default judgment, allowing the court to grant your spouse’s requests without your participation.

### What Happens If I Ignore The Divorce Petition?

If you do not respond, your spouse may ask the court to enter a default judgment. This can affect property division, custody, and support. Reversing a default judgment is often difficult and costly.

### Can I Move Out Of The Marital Home After Being Served?

You may move out, but this can affect parenting time and daily arrangements. Leaving does not forfeit property rights, but it may influence custody dynamics. Consult counsel before making significant changes.

### Can My Spouse Take Money From Joint Accounts?

Both spouses usually have access to joint accounts. However, draining these accounts may prompt court intervention. Temporary orders under 750 ILCS 5/501 can restrict improper financial conduct.

### Will The Court Decide Everything Immediately?

Not usually. Divorce cases often involve temporary hearings, discovery, negotiation, and sometimes a trial. The process takes time. Early preparation strengthens your position at every stage.

## Contact Gordon & Perlut, LLC For A Free Consultation

If you have been served with divorce papers, prompt action is critical. Gordon & Perlut, LLC represents clients throughout [Chicago](https://www.chicago.gov/) and Illinois, providing clear advice and strong representation from the outset.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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### [How Long Am I Legally Obligated to Pay Support While My Child Is in College?](https://familylawadvocate.com/how-long-am-i-legally-obligated-to-pay-support-while-my-child-is-in-college/)

**Published:** April 1, 2026
**Author:** familylawadvocate

**Content:**

## Understanding College Support Obligations in Illinois

For many parents in Chicago, Skokie, and throughout Cook County, one of the most complex and frequently misunderstood issues in family law is whether they are required to contribute to a child’s college expenses after the child reaches adulthood. Unlike standard child support, which typically ends when a child turns 18 or graduates from high school, Illinois law allows courts to require parents to contribute to post-secondary education costs under certain circumstances.

This obligation arises under Section 513 of the Illinois Marriage and Dissolution of Marriage Act, commonly referred to as Section 513 college support or Illinois non-minor educational expenses. This statute gives courts the authority to allocate college-related expenses between parents, even after the child is no longer a minor.

For parents navigating divorce or post-decree modifications in Chicago, Skokie, and surrounding Illinois suburbs, understanding how Section 513 works is essential. This guide provides a comprehensive explanation of the law, the factors courts consider, and how these obligations are enforced in Cook County.

## Section 513 of the Illinois Marriage and Dissolution of Marriage Act

### What Is Section 513 College Support?

Section 513 allows Illinois courts to order one or both parents to contribute to a child’s post-secondary educational expenses. These are commonly referred to as non-minor educational expenses because they apply after the child has reached the age of majority.

Unlike traditional child support, which is based on statutory guidelines, Section 513 is discretionary. This means the court is not automatically required to order college support. Instead, it evaluates each case individually based on statutory factors.

Courts in Cook County, including those in Chicago and the Skokie courthouse in the Second Municipal District, frequently handle these petitions as part of divorce proceedings or post-judgment modifications.

### Key Distinction From Standard Child Support

Standard child support in Illinois generally ends when the child turns 18 or graduates from high school, whichever occurs later. However, Section 513 creates a separate and distinct obligation that may extend well into the child’s college years.

This distinction is critical. Parents should not assume that their financial obligations automatically terminate at adulthood. If a court order is entered under Section 513, those obligations can continue until the child completes their education or reaches the statutory age limit.

## What Expenses Are Covered Under Illinois Non-Minor Educational Expenses?

### Tuition and Academic Costs

The most obvious category of expenses is tuition. Courts may order parents to contribute to tuition costs at accredited colleges, universities, or vocational programs.

In addition to tuition, courts may include fees associated with enrollment, registration, and required academic services.

### Housing and Living Expenses

Housing costs are often included, whether the child lives on campus or off campus. This may include dormitory fees, rent, utilities, and other necessary living expenses.

Courts will evaluate whether the housing arrangement is reasonable and necessary for the child’s education.

### Books and Educational Materials

Required textbooks, course materials, and supplies are also considered educational expenses. These costs can be significant, particularly in specialized programs.

### Medical Insurance and Health Expenses

Courts may require parents to maintain or contribute to the child’s medical insurance while the child is enrolled in school. This is particularly relevant for students who are no longer covered under standard child support provisions.

### Transportation and Miscellaneous Costs

Transportation expenses, including travel between school and home, may be included. Courts may also consider other reasonable expenses necessary for the child’s education.

## Statutory Limits on College Expenses in Illinois

### University of Illinois Cap

Illinois law places a cap on the amount parents can be required to contribute. Specifically, the total obligation cannot exceed the cost of attending the University of Illinois at Urbana-Champaign, including tuition, fees, room, and board.

This cap applies regardless of whether the child attends a private or out-of-state institution. If the chosen school is more expensive, the parents’ obligation is limited to the in-state public university benchmark.

### Age Limit for Support

Section 513 generally limits educational support to the age of 23. However, in certain circumstances, the court may extend support until age 25 for good cause.

Good cause may include delays in education due to illness, disability, or other legitimate factors.

## Eligibility Requirements for the Child

### Academic Performance and Enrollment

To remain eligible for support, the child must typically maintain a satisfactory academic record. Courts often require proof of enrollment and academic progress, such as transcripts or grade reports.

Failure to meet these requirements may result in modification or termination of support.

### Marital Status and Independence

If the child marries, becomes financially independent, or is no longer actively pursuing education, the court may terminate the obligation.

Courts in Chicago and Skokie evaluate these factors carefully to ensure that support is being used appropriately.

## Factors Courts Consider in Section 513 Cases

### Financial Resources of Both Parents

One of the most significant factors is the financial ability of each parent to contribute. Courts examine income, assets, liabilities, and overall financial circumstances.

This includes income from all sources, including wages, investments, and in some cases, workers’ compensation benefits.

### The Child’s Financial Resources

Courts also consider the child’s ability to contribute to their own education. This includes:

- Scholarships and grants
- Student loans
- Employment income

The goal is to allocate responsibility fairly while encouraging the child to take an active role in funding their education.

### Standard of Living During the Marriage

Courts often evaluate the standard of living the child would have enjoyed if the marriage had not dissolved. This helps determine what level of educational support is reasonable.

### The Child’s Academic and Career Goals

The court may consider the child’s educational plans, including the chosen field of study and the likelihood of completing the program.

## Impact of Financial Aid and Other Income Sources

### Scholarships, Grants, and Loans

Financial aid plays a significant role in determining each parent’s contribution. Courts typically subtract scholarships and grants from the total cost before allocating responsibility.

Student loans may also be considered, although courts often prefer that parents share costs rather than placing the burden entirely on the child.

### Income and Work Contributions

If the child is employed, their income may be factored into the analysis. Courts expect reasonable contributions from the child when appropriate.

### Workers’ Compensation and Other Income Sources

If a parent receives income through workers’ compensation or other non-traditional sources, this may be included in the financial analysis. Courts assess all available resources to ensure a fair allocation of expenses.

## Filing for College Support in Cook County

### Where to File

Petitions for non-minor educational expenses are typically filed in the Circuit Court of Cook County. For residents of Skokie and the northern suburbs, cases are often heard at the Skokie courthouse in the Second Municipal District.

### Timing and Procedure

A parent must file a petition requesting college support before the child reaches the age of majority or shortly thereafter. Waiting too long can complicate the process and may limit the court’s ability to award support.

### Importance of Legal Representation

Navigating Section 513 cases requires a thorough understanding of Illinois law and local court procedures. An experienced Chicago child support lawyer or Skokie divorce attorney can help ensure that all relevant factors are presented effectively.

## Termination and Modification of College Support

### Grounds for Termination

Support obligations may be terminated if:

- The child fails to maintain academic progress
- The child becomes independent
- The child reaches the statutory age limit

### Good Cause Extensions

In some cases, support may be extended beyond age 23 for good cause. Courts evaluate these requests carefully, considering the specific circumstances of the case.

## Frequently Asked Questions About Illinois College Support

### Is college support mandatory in Illinois?

There is no legal obligation to financially support a child through college in the state of Illinois when there is no court order. However, courts may order parents to contribute to their child’s education if the parents are able to do so (assuming the parents are divorced or unmarried). The level of support ordered by the court will likely be based on the parents’ income and assets, as well as the child’s educational expenses. Courts generally look at factors such as the child’s age, relationship to the parent, and academic ability when making a decision about whether to order financial assistance.

### What Ages Fall Under the Dependent Category in Illinois?

The dependent category for college tuition payment in Illinois refers to students who are 22 years of age or younger. Students who are 23 years of age or older are considered independent for tuition payment purposes. This means that they are responsible for paying their own tuition, as opposed to their parents or guardians. There are a few exceptions to the [Illinois educational expense laws (750 ILCS 5/513)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513#:~:text=Sec.,any%20child%20of%20the%20parties.), such as for “good cause shown.”

### Can I refuse to pay for my child’s college?

If a court order is entered, compliance is mandatory. Refusal to pay can result in enforcement actions, including contempt proceedings.

### What happens if my child drops out of school?

Support may be terminated if the child is no longer enrolled or fails to meet academic requirements.

### Can support be modified after it is ordered?

Yes. Changes in financial circumstances or the child’s situation may justify modification.

### Do both parents have to contribute equally?

Not necessarily. Contributions are based on each parent’s financial ability and other statutory factors.

## Contact Our Chicago Child Support and College Tuition Lawyers

Section 513 of the Illinois Marriage and Dissolution of Marriage Act creates a unique and often complex framework for college support. For parents in Chicago, Skokie, and throughout Cook County, understanding these obligations is essential to making informed decisions.

If you are facing questions about Illinois non-minor educational expenses or need guidance on Section 513 college support, it is critical to seek experienced legal counsel. These cases involve detailed financial analysis, statutory interpretation, and strategic advocacy.

Contact our knowledgeable [Chicago child support lawyer](https://familylawadvocate.com/divorce/child-support/) or Skokie divorce attorney today at (312) 360-0250 to [schedule a consultation](https://familylawadvocate.com/contact-us/). With the right legal guidance, you can protect your financial interests while ensuring that your child’s educational needs are addressed appropriately.

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### [Signs That Your Spouse May Be Preparing To File For Divorce](https://familylawadvocate.com/signs-that-your-spouse-may-be-preparing-to-file-for-divorce/)

**Published:** March 31, 2026
**Author:** familylawadvocate

**Content:**

Divorce often begins subtly, with changes in tone, routine, or increased secrecy around finances and communication. Many clients report sensing these shifts before any papers are filed. Recognizing early signs can help you protect your finances, your relationship with your children, and your legal rights.

Illinois is a no-fault divorce state. Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), divorce may be granted for irreconcilable differences, so your spouse does not need to prove misconduct. Understanding the legal framework early can make a significant difference if divorce is likely.

## Sudden Financial Secrecy Or Asset Shifting

A clear warning sign is a change in financial behavior. If your spouse opens new accounts, restricts access to joint funds, or withholds financial information, this may indicate preparation for divorce.

Illinois courts divide marital property under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). Marital assets include most property acquired during the marriage. If one spouse attempts to hide or transfer assets in anticipation of divorce, the court has the authority to address that conduct. Gathering financial records such as tax returns, retirement account statements, and mortgage documents can be critical if a case is filed.

We advise clients to monitor joint accounts closely and avoid emotional reactions. Strategic planning is more effective than impulsive action.

### Increased Focus On Documentation

Increased record-keeping is another common sign. A spouse who saves emails, tracks parenting time, or documents expenses may be preparing for litigation.

Custody and parenting decisions are governed by [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). Courts consider the best interests of the child, including each parent’s involvement and willingness to support the child’s relationship with the other parent. If your spouse is building a narrative, you should be prepared to present your own record of consistent involvement.

### Consultation With Attorneys Or Financial Advisors

If your spouse consults a divorce attorney or financial planner, a filing may be imminent. Once a petition is filed under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), the court assumes authority over property division, support, and parental responsibilities.

Temporary relief may be requested under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm), addressing possession of the marital home, temporary support, and parenting schedules. Understanding these procedures in advance helps you respond calmly and effectively.

### Changes In Living Arrangements Or Communication

A spouse who discusses moving out, searches for new housing, or withdraws from joint decision-making may be preparing for separation. While Illinois does not require physical separation before filing, living arrangements can influence parenting time and financial planning.

Spousal maintenance is governed by [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm). Income, earning capacity, and standard of living are considered. If financial dynamics change suddenly, the implications may extend into support determinations.

### Estate Planning And Beneficiary Updates

Some spouses begin reviewing estate planning documents when divorce becomes likely. Under 755 ILCS 5/4-7, certain provisions benefiting a former spouse may be revoked upon divorce. However, those changes generally occur only after the entry of a judgment. Reviewing beneficiary designations and powers of attorney before a filing can prevent complications.

### Acting With Clarity Instead Of Emotion

If you suspect your spouse is preparing to file, focus on preparation. Avoid escalating conflict, hiding assets, or restricting access to children. Courts expect reasonable conduct.

We assist clients in gathering documentation, understanding their rights under Illinois law, and preparing for litigation or settlement. Early preparation often leads to better outcomes.

## Divorce Frequently Asked Questions

### What Are Irreconcilable Differences Under Illinois Law?

Under 750 ILCS 5/401, irreconcilable differences exist when the breakdown of the marriage is irretrievable, and efforts at reconciliation have failed or would not be in the family’s best interests. Proof of misconduct is not required.

### Can My Spouse Move Money Before Filing For Divorce?

Marital property is subject to equitable division under 750 ILCS 5/503. If a spouse attempts to conceal or dissipate assets, the court may consider that conduct when dividing property. Courts have the authority to issue temporary restraining provisions to preserve assets under 750 ILCS 5/501.

### How Does Illinois Decide Child Custody?

Parental responsibilities are allocated under 750 ILCS 5/602.5 and 750 ILCS 5/602.7 based on the best interests of the child. Courts examine each parent’s involvement, communication, and ability to cooperate.

### What Happens After A Divorce Petition Is Filed?

After filing under 750 ILCS 5/401, the other spouse must be served. The court may schedule case management conferences and address temporary issues such as support or parenting time. The case proceeds through negotiation, mediation, or trial if necessary.

### Should I Move Out Of The Marital Home If Divorce Seems Likely?

Moving out does not automatically waive property rights, but it may affect parenting schedules and financial arrangements. Consulting counsel before making major decisions is strongly recommended.

## Contact Gordon & Perlut, LLC For A Free Phone Consultation

If you believe your spouse may be preparing to file for divorce, timely legal guidance is essential. Gordon & Perlut, LLC represents clients in [Chicago](https://www.chicago.gov/), Skokie, and throughout Illinois with clear strategy and steady advocacy.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Protect your rights before a petition is filed.

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### [How An Order Of Protection Affects Divorce And Custody In Illinois](https://familylawadvocate.com/how-an-order-of-protection-affects-divorce-and-custody-in-illinois/)

**Published:** March 24, 2026
**Author:** familylawadvocate

**Content:**

When an Order of Protection enters a family law case, it immediately changes the direction of a divorce and any custody or parenting time dispute. In Illinois, an Order of Protection is not just a temporary safety measure. It can shape where spouses live, how they communicate, and how children are cared for while the case is pending. We represent clients throughout Illinois who are navigating divorce while an Order of Protection is in place, and the legal consequences are often far more serious than people expect. Even before a divorce is formally filed, an Order of Protection can set the tone for the entire case.

Illinois Orders of Protection are governed by the Illinois Domestic Violence Act, found at [750 ILCS 60/101 et seq.](https://ilga.gov/Legislation/ILCS/Articles?DocName=075000600HArt.+I&ActID=2100&ChapterID=59&SeqStart=100000&SeqEnd=500000) These orders can be entered on an emergency, interim, or plenary basis. Once issued, they often restrict contact, remove one spouse from the home, and impose limits that directly affect parenting rights. Divorce courts must account for these orders when making decisions about custody, parenting time, and temporary relief. Understanding how these laws interact is critical to protecting your rights and your relationship with your children.

## Orders Of Protection And Their Immediate Impact On Divorce

An Order of Protection can be issued before or during a divorce case. Once it exists, the divorce court cannot ignore it. Under [750 ILCS 60/214 et seq](https://www.ilga.gov/documents/legislation/ilcs/documents/075000600K214.htm)., an Order of Protection may include exclusive possession of the marital residence, no contact provisions, and restrictions on communication. These terms often remain in place while the divorce proceeds.

This can create immediate leverage in the divorce. One spouse may be forced to leave the home or cut off direct communication, making negotiation and co-parenting more difficult. Temporary financial arrangements and access to property are often influenced by the existence of the order. Even if the allegations are disputed, the court must treat the order as valid unless it is modified or vacated.

### How Orders Of Protection Affect Child Custody And Parenting Time

Custody and parenting time decisions in Illinois are governed by the Illinois Marriage and Dissolution of Marriage Act, found at [750 ILCS 5/101 et seq](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2086&ChapAct=750;ILCS;5/&ChapterID=59&ChapterName=FAMILIES&ActName=Illinois+Marriage+and+Dissolution+of+Marriage+Act.). Courts must determine parental responsibilities based on the best interests of the child. When an Order of Protection involves a child or alleges harm to a child, the court must consider those allegations carefully.

Under [750 ILCS 5/602.7 et seq.](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm), evidence of domestic violence is a factor in allocating parental responsibilities. Even when the Order of Protection is between spouses only, courts often examine whether the alleged conduct affects the child’s safety or well-being. Parenting time may be restricted, supervised, or temporarily suspended depending on the circumstances. These decisions can have long-term effects if not addressed properly.

### Temporary Orders Often Become Long-Term Patterns

One of the biggest risks in cases involving Orders of Protection is that temporary arrangements become the new normal. Emergency and interim orders are often entered quickly, sometimes without full evidence. If they are not challenged or addressed promptly, the restrictions imposed can influence later custody rulings.

Divorce courts often rely on the status quo when making final decisions. If one parent has limited contact with the children due to an Order of Protection, the court may view that arrangement as established. This makes early legal strategy critical. Waiting too long to address the order can severely limit future options.

### Communication Restrictions And Co-Parenting Challenges

Orders of Protection often include no-contact or limited-contact provisions. While these terms are designed for safety, they complicate divorce proceedings. Spouses may be unable to discuss finances, property, or parenting issues directly. Communication may be limited to attorneys or specific platforms approved by the court.

Violating an Order of Protection carries serious consequences under Illinois law, including criminal penalties. Even accidental contact can create new legal problems. Divorce cases require careful coordination to ensure compliance while still moving the case forward.

### Orders Of Protection And Credibility In Divorce Proceedings

An Order of Protection can affect how a judge views each party. While the existence of an order does not determine fault in a divorce, allegations of abuse can influence judicial discretion. Courts may scrutinize testimony, behavior, and compliance with court orders closely.

At the same time, Orders of Protection are not findings of guilt. They are civil remedies based on a lower burden of proof. Divorce courts must still evaluate evidence independently. How the order is handled procedurally and strategically matters greatly to the final outcome.

### Modifying Or Addressing Orders Of Protection During Divorce

Orders of Protection can sometimes be modified as circumstances change. Parenting provisions may be adjusted, and communication methods clarified. These changes must be handled through proper legal channels. Informal agreements or assumptions can lead to violations.

Addressing an Order of Protection early and directly within the divorce process helps prevent misunderstandings and protects parental rights. Coordination between the domestic relations court and the divorce court is often required to avoid conflicting orders.

## FAQs About Orders Of Protection In Illinois Divorce Cases

### Does An Order Of Protection Automatically Affect Custody In Illinois?

An Order of Protection does not automatically decide custody, but it is a major factor. Courts must consider allegations of abuse when determining parental responsibilities and parenting time under Illinois law.

### Can I Be Removed From The Marital Home Because Of An Order Of Protection?

Yes. Under 750 ILCS 60/214, a court may grant exclusive possession of the home to one spouse. This can happen even if both parties own or lease the property.

### What If The Order Of Protection Is Based On False Allegations?

Orders of Protection are civil orders entered under a lower standard of proof. Allegations can be challenged through hearings and the proper legal process. How and when that challenge occurs is critical.

### Can Parenting Time Be Supervised Because Of An Order Of Protection?

Yes. Courts may order supervised parenting time if they believe it is necessary to protect the

child. These arrangements can influence long-term custody outcomes.

### Can I Communicate With My Spouse About The Divorce If There Is An Order Of Protection?

Only in the manner allowed by the order. Some orders permit limited communication through attorneys or specific methods. Violating the order can create serious legal consequences.

### Do Orders Of Protection Expire During A Divorce Case?

Orders may be temporary or plenary. Their duration depends on the type of order entered. Courts may extend or modify them based on the facts and ongoing proceedings.

## Call Gordon & Perlut For A Free Phone Consultation

An Order of Protection can change the course of a divorce and custody case in ways that are not always obvious at first. At Gordon & Perlut, LLC, we help clients understand how these orders affect their rights and work to protect their interests throughout the divorce process. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across Illinois and are ready to help you understand your options.

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### [Defending Against False Or Exaggerated Domestic Violence Allegations In Illinois](https://familylawadvocate.com/defending-against-false-or-exaggerated-domestic-violence-allegations-in-illinois/)

**Published:** March 17, 2026
**Author:** familylawadvocate

**Content:**

False or exaggerated domestic violence allegations can change the course of a divorce case in an instant. In Illinois, even an unproven accusation can affect where you live, your access to your children, and your financial stability. We represent spouses throughout [Chicago](https://www.chicago.gov/) and across Illinois who suddenly find themselves accused during highly emotional divorce and parentage disputes. These allegations often surface during conflicts over parenting time, decision-making, or control of the marital home. Once raised, they must be taken seriously, even when they are untrue.

Illinois courts treat domestic violence allegations with urgency because safety concerns are involved. Under the Illinois Domestic Violence Act, found at [750 ILCS 60/101 et seq.](https://ilga.gov/Legislation/ILCS/Articles?DocName=075000600HArt.+I&ActID=2100&ChapterID=59&SeqStart=100000&SeqEnd=500000), courts can enter emergency and plenary orders of protection that immediately restrict contact, remove a spouse from the home, and limit parenting time. These orders are civil in nature, but their impact on a divorce case under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2086&ChapAct=750;ILCS;5/&ChapterID=59&ChapterName=FAMILIES&ActName=Illinois+Marriage+and+Dissolution+of+Marriage+Act.)) is significant. We focus on protecting our clients’ rights while ensuring the court sees the full and accurate picture.

## How Domestic Violence Allegations Affect Divorce And Parenting Cases

When domestic violence is alleged, Illinois divorce courts must consider it when making decisions about parenting responsibilities, parenting time, and even financial issues. Section [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) requires courts to evaluate the best interests of the child, including any history of abuse. Even allegations that are exaggerated or taken out of context can influence temporary orders if they are not challenged properly.

Orders of protection entered under [750 ILCS 60 et seq.](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Domestic%20Violence%20Act%20of%201986.&ActID=2100&ChapterID=59&ChapAct=750+ILCS+60%2F&SeqStart=500000&SeqEnd=4200000) can overlap with divorce proceedings. A spouse may seek an order of protection as leverage, knowing it can limit communication and remove the other party from the home. We work to separate fact from accusation and ensure that divorce judges do not rely on incomplete or misleading claims when making long-term decisions.

### Common Situations Where False Allegations Arise

False or exaggerated allegations often appear during contested divorces. Disputes over custody, finances, or infidelity can escalate into claims of abuse. Arguments, raised voices, or isolated incidents may be portrayed as ongoing violence. In some cases, allegations arise after one spouse files for divorce or seeks primary parenting time.

Illinois law requires proof, not assumptions. Allegations alone do not establish abuse. Courts must evaluate credibility, evidence, and context. We build defenses that focus on documented facts, witness testimony, and inconsistencies in the claims being made.

### Legal Standards Courts Apply To Domestic Violence Claims

Under the Illinois Domestic Violence Act, abuse includes physical harm, threats, harassment, intimidation, and interference with personal liberty. The statute is broad, which allows courts to act quickly but also creates room for misuse. Judges must still evaluate whether the alleged conduct meets the legal definition and whether relief is justified.

In divorce cases, allegations must be supported by evidence. Text messages, medical records, police reports, and witness statements are often scrutinized. When allegations are exaggerated, these records frequently tell a different story. We focus on holding the other side to the legal burden required under Illinois law.

### Defending Against Orders Of Protection

Emergency orders of protection can be entered with limited information and without full testimony from both sides. These orders are temporary. A full hearing is required before a plenary order is entered. That hearing is the critical moment to defend against false claims.

We prepare clients to present clear, consistent evidence and testimony. We cross-examine the accuser, challenge credibility, and present documentation that contradicts the allegations. Successfully defending against an order of protection can significantly change the direction of the divorce case.

### Long-Term Consequences If Allegations Are Not Challenged

Unchallenged allegations can follow a spouse throughout the divorce process. Courts may restrict parenting time, require supervised visitation, or limit decision-making authority. These outcomes are often difficult to reverse once they are established.

Illinois courts rely on the record before them. If false allegations go unanswered, they can become part of that record. Early and strategic defense is essential to protect parental rights and ensure fair outcomes.

## FAQs About False Domestic Violence Allegations In Illinois

### Can Domestic Violence Allegations Affect Child Custody In Illinois?

Yes. Courts must consider any claims of abuse when determining parenting responsibilities and parenting time. Even unproven allegations can influence temporary orders if they are not challenged.

### Is An Order Of Protection The Same As A Criminal Charge?

No. Orders of protection are civil matters under 750 ILCS 60. However, they can still restrict contact, remove you from the home, and affect your divorce case.

### What Evidence Is Used To Prove Or Disprove Allegations?

Courts look at testimony, text messages, emails, medical records, police involvement, and witness statements. Inconsistencies often weaken exaggerated claims.

### Can False Allegations Impact Property Or Financial Issues?

They can. Allegations may influence temporary possession of the home or support issues if one spouse is excluded from the residence.

### What Happens If The Court Finds The Allegations Are False?

The court may deny or dismiss the order of protection and give less weight to the accuser’s

claims in the divorce case. Credibility matters greatly.

### Should I Defend An Allegation Even If I Think It Will Go Away?

Yes. Ignoring allegations allows them to shape the court record. Prompt defense protects your rights and your relationship with your children.

## Call Gordon & Perlut To Speak With An Attorney

False or exaggerated domestic violence allegations can derail a divorce if they are not addressed head-on. At Gordon & Perlut, LLC, we defend clients against unfair accusations and work to protect their parental and marital rights throughout Illinois. We offer a free phone consultation to discuss your situation. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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### [How Do I Collect Child Support if My Ex is Deported?](https://familylawadvocate.com/how-do-i-collect-child-support-if-my-ex-is-deported/)

**Published:** March 16, 2026
**Author:** familylawadvocate

**Content:**

When a former spouse or partner is deported from the United States, many parents worry that child support payments will stop completely. Deportation can make enforcement more complicated, but it does not erase a parent’s legal obligation to support their child. In Illinois, a valid child support order remains enforceable even if the paying parent leaves the country.

For parents living in Chicago, Skokie, and surrounding communities in [Cook County](https://www.cookcountyil.gov/), understanding how international child support enforcement works can make a significant difference in securing the financial support your child needs. While collecting support from a deported parent may require additional legal steps, there are mechanisms available under Illinois law and federal programs that help families pursue payments across international borders.

## Child Support Obligations Do Not End After Deportation

A common misconception is that deportation cancels child support obligations. In reality, the responsibility to support a child continues regardless of a parent’s immigration status or location.

Illinois child support orders are issued under the[ Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000), and once a court order is entered, it remains legally binding unless modified by the court. The obligation continues even if the paying parent moves out of Illinois, relocates to another state, or is deported to another country.

Courts in Cook County—including those serving Chicago, Skokie, Evanston, Glenview, and surrounding suburbs—maintain jurisdiction over child support orders originally entered in Illinois. If a parent attempts to avoid payment by leaving the country, the order itself still remains enforceable.

### How Illinois Determines Child Support Obligations

Before discussing enforcement, it is helpful to understand how child support is calculated in Illinois.

Illinois uses an income shares model to determine child support. This method considers the combined income of both parents and estimates what the parents would spend on the child if they lived together. Each parent is responsible for a percentage of that amount based on their share of the combined income.

Factors considered when determining support include:

- Each parent’s income
- The number of children involved
- Parenting time arrangements
- Health insurance and medical expenses
- Childcare costs
- Educational needs

Importantly, immigration status does not affect whether a parent must pay child support. Courts can order support payments even if one parent is undocumented or later deported.

## Enforcing an Illinois Child Support Order Internationally

When a parent moves to another country, enforcement becomes more complex but not impossible. Several federal and international systems exist to help enforce child support orders across borders.

### The Office of Child Support Enforcement

The [federal Office of Child Support Enforcement](https://acf.gov/css) (OCSE) works with states and foreign governments to help families collect support when parents live in different countries. These programs assist with locating the parent abroad, establishing paternity if necessary, and enforcing existing support orders internationally.

For families in Chicago and Skokie, your case may be handled through the Illinois Department of Healthcare and Family Services Child Support Services program, which coordinates with federal agencies and international partners.

### International Reciprocity Agreements

Many countries cooperate with the United States through reciprocal enforcement agreements or international treaties. These agreements allow courts and government agencies to recognize and enforce child support orders issued in another country.

One major example is the[ Hague Convention on the International Recovery of Child Support](https://www.hcch.net/en/instruments/conventions/specialised-sections/child-support). Countries participating in this agreement work together to enforce support obligations and collect overdue payments when parents live in different nations.

If the deported parent resides in a country that participates in these agreements, Illinois authorities may be able to request assistance from that country’s legal system to collect payments.

## Illinois Child Support Enforcement Tools

Even if a parent has been deported, there may still be enforcement options available within the United States.

### Wage Garnishment

If the deported parent works for a U.S. company or earns income connected to the United States, wage garnishment may still be possible. Courts can issue orders requiring employers to withhold child support directly from paychecks.

### Bank Account Seizure

If the parent maintains bank accounts in the United States, funds may be seized to satisfy unpaid child support obligations.

### Property Liens

A lien may be placed on real estate or personal property owned by the parent in the United States. If the property is sold, child support arrears can be collected from the proceeds.

### Tax Refund Intercepts

Past-due support may be collected through federal or state tax refund intercept programs if the parent files a tax return in the United States.

These enforcement mechanisms remain available even when the parent resides outside the country.

## Working With Illinois Child Support Services

Parents in Chicago, Skokie, and other Cook County communities can seek assistance through the Illinois Child Support Services program. This agency helps establish, modify, and enforce child support orders.

Illinois can request assistance from other states or countries when enforcement is necessary. The state may ask another jurisdiction to collect payments or enforce the order under its own laws.

The agency can also help locate a parent who has moved abroad and determine whether international agreements apply.

## Challenges When Collecting Child Support From a Deported Parent

Although legal tools exist, collecting support from a deported parent can be challenging.

### Difficulty Locating the Parent

If the parents’ exact location abroad is unknown, enforcement efforts may take longer while agencies attempt to locate them.

### Differences in Legal Systems

Not all countries have the same child support laws as the United States. Some nations may require additional legal steps before recognizing a foreign support order.

### Income Verification

Determining the parents’ income in another country can be difficult, particularly if they work in informal or cash-based employment.

### Currency and Economic Differences

Even if enforcement is possible, the amount of support may need to be adjusted depending on the economic conditions in the country where the parent lives.

Because of these challenges, legal guidance is often helpful when pursuing international child support enforcement.

## Modifying Child Support After Deportation

In some cases, a parent may request modification of a support order if their financial circumstances change significantly after deportation.

For example, a parent who previously worked in the United States may earn less income in another country. Illinois courts may review the order and determine whether a modification is appropriate.

However, modification is not automatic. A parent must petition the court, and until the court approves a change, the existing child support order remains in effect.

Parents in Chicago and Skokie should avoid assuming that payments will decrease automatically after deportation.

## Why Legal Assistance Can Be Important

International child support enforcement involves multiple legal systems, government agencies, and procedural requirements.

A family law attorney can help with:

- Determining whether the foreign country has a reciprocal agreement with the United States
- Registering and enforcing an Illinois child support order abroad
- Locating the non-paying parent
- Identifying U.S.-based assets that may be subject to collection
- Filing enforcement actions in Cook County courts
- Pursuing past-due child support

For families living in Chicago’s North Side neighborhoods or nearby suburbs such as Skokie, Evanston, Morton Grove, or Glenview, working with a local attorney familiar with Cook County courts can streamline the enforcement process.

## Steps to Take if Your Ex Has Been Deported

If you are struggling to collect child support after a parent has been deported, consider taking the following steps.

### Confirm Your Child Support Order

Ensure you have a valid court order from an Illinois court establishing child support obligations.

### Document Missed Payments

Keep detailed records of missed payments and any communication with the other parent.

### Contact Illinois Child Support Services

Opening or updating a case with the state child support agency may allow the government to assist with enforcement.

### Identify the Parent’s Location

If possible, determine where the parent currently resides. This information may be necessary to pursue enforcement through international agreements.

### Speak With a Family Law Attorney

An experienced family lawyer can evaluate the circumstances and determine the most effective strategy for collecting support.

## Frequently Asked Questions About Child Support & Deportation

### Does child support stop if a parent is deported?

No. Deportation does not eliminate a parent’s legal obligation to support their child. An Illinois child support order remains enforceable even if the parent lives in another country.

### Can Illinois courts enforce child support internationally?

Yes. Illinois can work with federal agencies and foreign governments to enforce support orders when international agreements exist.

### What if the parent has no income in the United States?

Enforcement may still be possible through international legal cooperation, depending on the country where the parent resides.

### Can back child support still be collected?

Yes. Past-due support, also called arrears, remains owed until it is paid or otherwise resolved by the court.

### Should I hire a lawyer if my ex was deported?

While not required, legal assistance can be helpful when dealing with international enforcement issues, foreign legal systems, and locating assets or income sources.

## Child Support Help for Families in Chicago and Skokie Illinois

Raising a child without financial support from the other parent can create serious financial strain. Fortunately, deportation does not remove a parent’s obligation to contribute to their child’s well-being.

Families in Chicago, Skokie, and throughout Cook County still have legal options to pursue child support, even when the paying parent lives outside the United States. International enforcement programs, federal agencies, and Illinois courts all play a role in helping parents obtain the financial support their children deserve.

## Contact Our Chicago Area Child Support Attorney

If you are struggling to collect child support after your ex has been deported, speaking with a knowledgeable family law attorney can help you understand your options.

Our experienced attorneys serve Chicago, Skokie, and surrounding Illinois communities. We can review your case, explain available enforcement strategies, and help you pursue overdue child support through the appropriate legal channels.

If your ex has been deported, our Chicago area child support lawyers can determine whether your ex is in a country with which the U.S. has a reciprocity agreement, and we can begin the process of seeking to enforce your child support order. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 today to get started.

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**Categories:** Child Support

**Tags:** child support

---

### [How Does Illinois Allot Child Support for Second Child From a Different Mother?](https://familylawadvocate.com/how-does-illinois-allot-child-support-for-second-child-from-a-different-mother/)

**Published:** March 12, 2026
**Author:** familylawadvocate

**Content:**

Child support obligations can become more complex when a parent has children with multiple partners. In Illinois, courts frequently encounter situations where a parent has one child with a first partner and later has another child with a different partner. Parents often wonder how the law determines support obligations in these circumstances and whether the existence of multiple children affects the amount of support that must be paid.

Illinois family courts follow a structured formula to determine child support. However, the law also contains provisions designed to ensure fairness when a parent has financial responsibilities to more than one child from different relationships. Understanding how this process works is essential for parents involved in child support cases in [Chicago](https://www.chicago.gov/), Skokie, and throughout Cook County.

## Overview of Child Support Law in Illinois

Illinois uses what is known as the income shares model to calculate child support. Under this system, the court considers the combined net income of both parents and determines how much money would typically be spent on the child if the parents were living together. That total support amount is then divided proportionally based on each parent’s share of the combined income.

This approach differs from the older percentage-based system that relied primarily on the paying parent’s income. Instead, the income shares model attempts to ensure that children receive the same proportion of parental income they would have received if their parents remained in the same household.

Courts across Cook County, including those serving Chicago and Skokie, use this framework to determine child support obligations in divorce and parentage cases.

### How the Income Shares Model Calculates Child Support

When calculating child support in Illinois, courts follow a series of steps to determine the appropriate payment amount.

First, the court determines each parent’s net income. Net income is calculated after taxes and certain allowable deductions are subtracted from gross income.

Second, the court combines the parents’ net incomes to determine the total household income that would theoretically be available for the child’s support.

Third, the court refers to a statutory schedule that estimates the amount families typically spend on children at various income levels.

Finally, the total child support obligation is divided between the parents based on their proportion of the combined income. The parent who has less parenting time typically pays their share to the parent with primary residential responsibility for the child.

This method applies regardless of whether the parents were married, divorced, or never in a relationship.

### What Happens When a Parent Has Children With Different Mothers

A situation frequently arises in family law cases where a parent has a child with one partner and later has another child with a different partner. Illinois courts handle these cases by applying what is commonly known as a multi-family adjustment.

The purpose of this adjustment is to ensure that all children supported by the same parent are treated fairly. Courts recognize that a parent’s financial responsibilities do not end with the first child support order.

When determining child support for a second child from a different mother, the court first evaluates whether the parent already has an existing child support obligation. If so, that existing obligation is deducted from the parent’s gross income before calculating the support for the second child.

This means the parents’ available income for calculating the new child support obligation is reduced by the amount already being paid for the first child.

### Understanding the Multi-Family Adjustment in Illinois

The multi-family adjustment is a legal mechanism that modifies how a parent’s income is calculated when they support children from different households.

Under this rule, if a parent is already paying court-ordered child support for another child, the amount of that payment is subtracted from the parent’s income before the court calculates support for the second child.

For example, consider a parent living in Chicago who earns $5,000 per month in net income and already pays $800 per month in child support for a child from a previous relationship. When determining support for a second child with a different mother, the court may treat the parent’s available income as $4,200 rather than the full $5,000.

The court then uses that adjusted income figure to calculate the support obligation for the second child.

This adjustment helps ensure that both children receive financial support without placing an unrealistic burden on the paying parent.

### Child Support When There Is No Prior Court Order

In some situations, a parent may be financially supporting a child from another relationship even though no formal child support order exists.

Illinois courts may still take these obligations into account when calculating support for a second child. If there is credible evidence that the parent provides financial support for another child, the court may apply an estimated adjustment to reflect that responsibility.

The purpose of this approach is to prevent situations where one child receives significantly more financial support simply because their case was filed first.

### Parenting Time and Its Impact on Child Support

Parenting time can significantly influence child support calculations in Illinois. The amount of time each parent spends caring for the child affects how financial responsibility is allocated.

When one parent has the majority of parenting time, that parent typically receives child support payments. However, when parents share parenting time more equally, the court may adjust the support calculation to reflect the increased expenses both parents incur.

This factor applies whether the case involves one child or multiple children from different relationships.

### Additional Expenses That May Be Included in Child Support

Child support orders often include more than just the base support amount calculated under the income shares formula.

Courts may also allocate additional expenses between parents, including:

- Health insurance premiums for the child
- Childcare costs necessary for employment
- Educational expenses
- Extracurricular activity costs
- Uninsured medical expenses

These costs are typically divided between parents according to their percentage of the combined income.

In metropolitan areas like Chicago and nearby communities such as Skokie, Evanston, and Des Plaines, childcare and educational costs can significantly influence the overall child support obligation.

### Can Child Support Be Modified After a Second Child Is Born?

Yes. The birth of another child may justify a modification of an existing child support order.

A parent who has a new child with a different partner may petition the court to modify the existing support order based on the multi-family adjustment. However, the court will still evaluate whether the modification serves the best interests of the child already receiving support.

Illinois courts aim to balance the financial needs of all children involved.

It is important to note that a new child does not automatically reduce existing child support payments. The court must review the financial circumstances and determine whether a modification is appropriate.

### Child Support Enforcement in Illinois

Once a child support order is entered, it becomes legally enforceable. Parents who fail to make required payments may face several enforcement actions.

These may include wage garnishment, interception of tax refunds, suspension of driver’s licenses, or court contempt proceedings.

[The Illinois Department of Healthcare and Family Services](https://hfs.illinois.gov/) oversees many enforcement activities and works with family courts throughout Cook County to ensure compliance with child support orders.

### Why Legal Guidance Is Important in Multi-Family Child Support Cases

Cases involving multiple children from different relationships can become legally complicated. Determining income adjustments, applying the multi-family deduction, and evaluating parenting time arrangements often require careful analysis.

An experienced family law attorney can help parents understand how Illinois child support guidelines apply to their situation. Attorneys also assist with calculating accurate support estimates, filing modification requests, and representing clients during court proceedings.

For parents in Chicago, Skokie, and surrounding suburbs, legal representation can be especially important when multiple households and financial obligations are involved.

## Frequently Asked Questions About Child Support for a Second Child in Illinois

### Does having a second child automatically reduce child support for the first child?

No. Illinois courts do not automatically reduce existing child support obligations simply because a parent has another child. However, the parent may request a modification based on the multi-family adjustment.

### How is child support calculated when a parent has children with different mothers?

The court applies the income shares model and deducts any existing child support payments from the parent’s income before calculating support for the second child.

### Can both mothers receive child support from the same parent?

Yes. A parent can be legally obligated to pay child support for multiple children from different relationships. Each child support case is calculated separately according to the Illinois guidelines.

### Does the income of a new spouse affect child support?

In most cases, a new spouse’s income is not included when calculating child support. The obligation is based on the income of the child’s legal parents.

### Can child support orders be changed later?

Yes. Child support orders can be modified if there is a substantial change in circumstances, such as a significant change in income, parenting time adjustments, or the birth of another child.

## Speak With Our Chicago Child Support Attorney

If you have questions about child support obligations involving multiple children or different parents, it is important to understand how Illinois law applies to your situation.

Gordon & Perlut assists parents throughout Chicago, Skokie, Evanston, Des Plaines, and surrounding Cook County communities with child support calculations, modifications, and enforcement matters. We work closely with clients to ensure that support orders are fair, accurate, and consistent with Illinois child support guidelines.

[Contact our  Chicago family law office today](https://familylawadvocate.com/contact-us/) at 312-360-0250 to schedule a confidential consultation and learn how experienced legal representation can help protect your rights and ensure that your child support obligations are properly calculated.

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**Categories:** Child Support Attorney

**Tags:** child support

---

### [Retroactive Child Support Collections in Chicago](https://familylawadvocate.com/retroactive-child-support-collections-in-chicago/)

**Published:** March 11, 2026
**Author:** familylawadvocate

**Content:**

## Understanding Back Child Support Under Illinois Family Law

There are many different types of scenarios in the Chicago area in which someone might want to seek retroactive child support and may try to seek help with [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/). Strictly speaking, [retroactive child support](https://familylawadvocate.com/divorce/child-support-collections-chicago/) does not refer to a situation in which there was a child support order in place and the payor parent simply did not pay. Rather, under Illinois law, retroactive child support typically refers to a situation in which a child support order was not entered in the first place, and the custodial parent is now seeking backdated child support payments.

Colloquially speaking, though, discussions of retroactive child support also can lead to questions about seeking unpaid child support. To better understand the difference between the two, we would like to talk a bit more about retroactive child support and when a court can order it. In the event a court does order retroactive child support, the custodial parent should consult an experienced child support collections lawyer in the Chicago area.

Child support is intended to ensure that both parents contribute financially to the upbringing of their children. In many cases, however, child support orders are not established immediately after parents separate or after a child is born. When this happens, Illinois courts may allow a custodial parent to pursue retroactive child support payments covering a period before the official court order was entered.

For families in Chicago, Skokie, and surrounding communities throughout Cook County, retroactive child support can play a critical role in ensuring that children receive the financial support they should have received earlier. Courts have the authority to order a parent to pay support for past periods, particularly when a parent has failed to provide financial assistance despite having the ability to do so.

Understanding how retroactive child support works in Illinois can help parents protect their rights and pursue appropriate financial support for their children.

### What Is Retroactive Child Support in Illinois?

Retroactive child support refers to financial support ordered by a court for a period before a formal child support order was entered. In other words, it represents back payments owed for past periods when a parent should have been contributing to the child’s expenses but was not legally required to do so.

Under Illinois law, courts may order retroactive support when establishing an initial child support order, particularly in cases involving parentage disputes or delayed filings for support. The Illinois Parentage Act allows courts to order child support payments for a period prior to the filing of the action if circumstances justify such relief.

Retroactive support often arises in situations such as:

- When parents separate, but no formal support order is entered for months or years
- When paternity must first be legally established before support can be ordered
- When one parent voluntarily provides insufficient or inconsistent financial support
- When a custodial parent delays filing for support due to financial hardship or uncertainty

Courts consider the unique facts of each case when deciding whether retroactive support is appropriate.

### Illinois Laws Governing Retroactive Child Support

Retroactive child support in Illinois is primarily governed by the[ Illinois Parentage Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=3638&ChapterID=59) and the[ Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=3900000&SeqEnd=5400000). These statutes give judges discretion to determine whether past support should be ordered and how far back payments should extend.

Illinois law defines retroactive support as support awarded for a period before a court or administrative support order is entered.

In determining whether retroactive child support should be awarded, courts consider several factors, including:

- Whether the noncustodial parent knew about the child or had reason to know about the child’s existence
- Whether the parent previously contributed to the child’s support
- Whether the custodial parent attempted to inform the other parent of the child’s needs
- The reasons why a child support action was not filed earlier
- Whether the delay in filing unfairly prejudices the paying parent

These factors help judges determine whether retroactive support would be fair under the circumstances.

### How Far Back Can Retroactive Child Support Go?

Illinois courts have considerable discretion when determining the start date for retroactive child support. In some cases, retroactive support may begin from the date the petition for child support was filed. However, courts may order support dating back even further under certain circumstances.

For example, in parentage cases where paternity is established after the child’s birth, courts may award support dating back to the child’s birth if the circumstances justify it.

The amount of retroactive support ordered will depend on several factors, including:

- Each parent’s income during the relevant time period
- The financial needs of the child
- Expenses incurred by the custodial parent
- Any voluntary support previously provided
- The child support guidelines under Illinois law

Because every family situation is unique, retroactive child support awards vary widely from case to case.

### Retroactive Support vs. Child Support Arrears

Retroactive child support is sometimes confused with child support arrears, but the two are legally distinct.

Retroactive support refers to support owed for a time period before the court issued an official support order.

Child support arrears, on the other hand, occur when a parent fails to pay support after a court order is already in place. Arrears represent unpaid obligations that accumulate over time and may be subject to enforcement actions such as wage garnishment or license suspension.

Understanding this distinction is important because different legal rules apply to each situation.

### How Courts Calculate Retroactive Child Support

When determining the amount of retroactive child support owed, Illinois courts typically apply the state’s child support guidelines.

The calculation generally involves evaluating both parents’ incomes, the number of children involved, and the allocation of parenting time. Courts may also consider additional expenses related to raising the child, including healthcare, education, and childcare costs.

Illinois courts may also take into account informal support payments previously made by the noncustodial parent. If a parent can demonstrate that they provided financial assistance during the retroactive period, the court may credit those payments when calculating the final amount owed.

Because these calculations can be complex, legal guidance is often necessary to ensure that retroactive support is calculated accurately.

### Retroactive Child Support and Paternity Cases

Retroactive child support frequently arises in paternity cases where the legal father was not immediately identified or acknowledged.

Under the Illinois Parentage Act, once paternity is established, the court may order child support and can also require payment for past expenses related to the child’s upbringing.

These expenses may include:

- Medical expenses associated with pregnancy and childbirth
- Health insurance costs
- Childcare expenses
- Food, clothing, and housing costs

In many cases, retroactive support helps compensate the custodial parent for the financial burden they carried while raising the child without assistance.

### Enforcing Retroactive Child Support Orders in Chicago

Once a retroactive child support order is entered, the amount owed becomes part of the total support obligation and must be paid according to the court’s instructions.

Illinois law provides several enforcement tools to collect unpaid support, including:

- Wage garnishment
- Tax refund interception
- Suspension of driver’s licenses or professional licenses
- Property liens
- Contempt of court proceedings

[The Illinois Department of Healthcare and Family Services](https://hfs.illinois.gov/) may also assist in enforcing child support orders through the Division of Child Support Services.

In Chicago and throughout Cook County, family courts take child support obligations seriously and have significant authority to enforce payment obligations.

### Why Legal Representation Matters in Retroactive Support Cases

Retroactive child support cases can involve complex legal and financial issues. Determining how far back payments should go and calculating the proper amount often requires a detailed review of financial records, tax documents, and evidence regarding past support.

An experienced family law attorney can help parents understand their rights and advocate for a fair outcome. Legal counsel may assist with:

- Establishing paternity
- Filing a petition for child support
- Requesting retroactive support
- Calculating accurate support amounts
- Enforcing unpaid child support orders

For parents in Chicago, Skokie, and other Cook County communities, professional legal guidance can be essential when pursuing retroactive child support.

## Frequently Asked Questions About Retroactive Child Support in Illinois

### Can a parent request retroactive child support in Illinois?

Yes. Illinois courts may award child support for periods prior to the filing of a support action if the circumstances justify it.

### How far back can retroactive child support go?

The start date depends on the circumstances of the case. Courts may order retroactive support from the date a petition was filed or, in some cases, from the child’s birth.

### Does voluntary support reduce retroactive child support?

Yes. If the paying parent can show that they provided financial support before the court order was entered, the judge may credit those payments when calculating retroactive support.

### What if the other parent refuses to pay retroactive child support?

Courts have several enforcement tools available, including wage garnishment, license suspension, and contempt proceedings.

### Do I need an attorney to pursue retroactive child support?

While not required, working with an experienced family law attorney can help ensure that your claim is properly filed and that all relevant financial information is considered.

## Speak With Our Chicago Child Support Attorney

Retroactive child support cases often involve complicated legal questions and financial calculations. Whether you are seeking past support or defending against a claim, it is important to understand your rights under Illinois family law.

If you live in Chicago, Skokie, or elsewhere in [Cook County](https://www.cookcountyil.gov/) and need help with a retroactive child support case, the experienced family law attorneys at Family Law Advocate can provide the guidance you need.

Our legal team assists parents with child support enforcement, paternity actions, support modifications, and other family law matters. We work to protect the best interests of children while helping clients pursue fair and legally sound outcomes.

[Contact Gordon & Perlut](https://familylawadvocate.com/contact-us/) today at 312-360-0250 to schedule a consultation and learn how our attorneys can help you resolve your child support concerns.

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### [Why Avoidance And Silence Can Be More Dangerous Than Arguments In A Marriage](https://familylawadvocate.com/why-avoidance-and-silence-can-be-more-dangerous-than-arguments-in-a-marriage/)

**Published:** March 10, 2026
**Author:** familylawadvocate

**Content:**

Many couples believe that avoiding conflict keeps a marriage stable. Silence can feel safer than arguing, especially when emotions run high. From a legal perspective, however, long-term avoidance and emotional withdrawal often create deeper problems than open disagreement. We represent spouses throughout [Chicago](https://www.chicago.gov/) and across Illinois, and we consistently see how silence erodes trust, communication, and partnership in ways that directly affect divorce outcomes. Arguments may be uncomfortable, but silence often signals a breakdown that the law cannot ignore.

Under Illinois divorce law, courts focus less on who caused the breakdown and more on how the marriage functions at the time of divorce. Illinois is a no-fault divorce state under the Illinois Marriage and Dissolution of Marriage Act, found at [750 ILCS 5/401(a)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), which requires proof of irreconcilable differences. Chronic avoidance and silence are common evidence of those differences. When spouses stop communicating, stop resolving issues, and stop acting as a unit, the marriage often reaches a point where reconciliation is no longer realistic. Silence becomes a legal fact, not just an emotional one.

## How Avoidance Changes The Legal Landscape Of A Divorce

Avoidance affects far more than emotions. It often changes how finances are handled, how parenting responsibilities are divided, and how decisions are made. When one or both spouses withdraw, important matters may go unaddressed for years. That can lead to disputes over property division, debt allocation, and financial transparency during divorce proceedings.

Illinois law requires equitable distribution of marital property under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). Silence about finances during the marriage often turns into suspicion and conflict during divorce. Spouses who avoid discussing money may later accuse each other of hiding assets or making unilateral decisions. Courts then must untangle years of unresolved issues that could have been addressed earlier through communication.

## Silence And Parenting Issues Under Illinois Law

Avoidance is especially damaging when children are involved. Illinois courts decide parenting time and decision-making responsibilities based on the best interests of the child under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). A pattern of silence between parents often leads to inconsistent parenting, poor coordination, and increased conflict once a divorce begins.

Judges look closely at each parent’s ability to communicate and cooperate. A spouse who avoids discussions or refuses to engage may be viewed as less willing to support a functional co-parenting relationship. Even if arguments occurred during the marriage, courts often prefer parents who can address disagreements directly rather than avoid them altogether.

## Emotional Withdrawal And Its Impact On Spousal Support

While Illinois law does not punish emotional behavior directly, avoidance can influence spousal support outcomes. Maintenance decisions under 750 ILCS 5/504 consider factors such as the length of the marriage, the standard of living, and each spouse’s contributions. Emotional withdrawal sometimes coincides with financial withdrawal, lack of shared planning, or one spouse carrying the household alone.

When silence replaces partnership, courts often hear testimony about unequal burdens and lack of support. Those facts shape how judges view fairness during maintenance determinations. Avoidance does not protect a spouse from financial consequences. In many cases, it increases exposure.

## Why Arguments Are Often Less Harmful Than Silence

Arguments show engagement. They show that spouses are still addressing problems, even imperfectly. From a legal standpoint, arguments often indicate that communication still exists. Silence suggests resignation and disconnection. By the time couples reach our office, many say the marriage ended long before the divorce filing, not because of fights, but because no one was talking anymore.

Illinois courts recognize that marriages end when spouses stop functioning as partners. Avoidance accelerates that breakdown. Addressing conflict earlier, whether through counseling or direct conversation, often preserves options. Silence removes them.

## Preparing For Divorce When Communication Has Broken Down

When silence dominates a marriage, divorce often becomes more complex. Lack of communication during the marriage usually carries over into the legal process. That can slow negotiations, increase conflict, and push cases toward litigation rather than settlement.

Our role is to restore structure where communication failed. Illinois divorce law provides tools for resolving disputes, but outcomes are often better when spouses understand how their past behavior affects present decisions. Recognizing the risks of avoidance allows individuals to approach divorce more strategically and realistically.

## Frequently Asked Questions About Silence, Avoidance, And Illinois Divorce

### Does Illinois Divorce Law Consider Emotional Avoidance Or Silence?

Illinois courts do not assign fault for divorce, but they do consider evidence of irreconcilable differences. Long-term silence and avoidance often demonstrate that the marriage cannot be repaired under 750 ILCS 5/401(a).

### Can Avoidance Affect Child Custody Decisions?

Yes. Courts evaluate each parent’s ability to communicate and cooperate. A pattern of avoidance may negatively affect parenting time or decision-making responsibilities under 750 ILCS 5/602.5.

### Is Arguing Better Than Staying Silent In A Marriage?

From a legal perspective, arguments show engagement. Silence often reflects a complete breakdown in communication, which courts view as a sign that the marriage has failed.

### Does Silence Impact Property Division?

Silence itself does not change property division rules, but lack of communication about finances often leads to disputes over assets and debts under 750 ILCS 5/503.

### Can Emotional Withdrawal Affect Spousal Support?

Indirectly, yes. Courts consider the overall circumstances of the marriage, including contributions and burdens, when deciding maintenance under 750 ILCS 5/504.

### What If My Spouse Refuses To Communicate During Divorce?

When communication breaks down, attorneys and the court process provide structure. Judges can impose timelines and orders to move the case forward even when one spouse remains uncooperative.

## Call Gordon & Perlut For A Free Consultation By Phone

If silence and avoidance have taken over your marriage, understanding the legal consequences matters before you make your next move. At Gordon & Perlut, LLC, we help clients across Illinois address divorce with clarity, strategy, and protection of their rights. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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### [How Criminal Charges Impact Child Custody](https://familylawadvocate.com/how-criminal-charges-impact-child-custody/)

**Published:** March 9, 2026
**Author:** familylawadvocate

**Content:**

Child custody proceedings in Illinois are significantly influenced when a parent is implicated in criminal activities. The intersection of criminal law and family law introduces a complex dimension to custody decisions, emphasizing the need to understand how criminal charges can impact such proceedings. This discussion explores the multifaceted nature of this issue, providing insights into the legal processes and considerations involved in the state of Illinois.

## Legal Context of Child Custody in Illinois

In Illinois, the governing statute for child custody, termed “parental responsibilities” under the [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086), sets the framework for custody considerations. The act focuses on ensuring the “best interests of the child,” a principle that becomes pertinent when one of the parents has been charged or found guilty of committing a criminal offense. The type of criminal charges, their severity, and the circumstances surrounding them are critical factors that courts consider in determining custody arrangements.

### The Impact of Criminal Charges on Custody

The act focuses on ensuring the “best interests of the child,” a principle that becomes pertinent when one of the parents has been charged or found guilty of committing a criminal offense. The influence of criminal charges on custody decisions varies based on several factors:

**1. Nature of the Criminal Charges** – Violent crimes, including domestic violence, abuse, or sexual offenses, are treated with heightened concern. Such charges can lead to the court imposing restrictions on custody or visitation rights, sometimes necessitating supervised visits or, in extreme cases, complete revocation of parenting time.

**2. Relevance to Parental Ability** – Courts assess how a parent’s criminal behavior impacts their ability to provide a safe and nurturing environment. Charges directly related to child endangerment, substance abuse, or neglect can significantly influence custody decisions.

**3. Recency and Severity** – Recent offenses or a pattern of criminal behavior are weighed more heavily than isolated incidents in the distant past. Courts are more likely to modify custody arrangements if recent charges suggest an ongoing risk to the child’s safety.

### Evaluating the ‘Best Interest of the Child’

Central to custody decisions in Illinois is the ‘best interest of the child’ standard. This criterion involves a comprehensive evaluation of various factors:

- The child’s wishes, considering their age and maturity.
- The mental and physical health of all parties involved.
- The ability of each parent to foster a stable and loving environment.
- The impact of the parent’s criminal conduct on the child.

In cases involving criminal charges, this standard requires a nuanced interpretation to balance the child’s safety with the parent’s rights and potential for rehabilitation.

### Modification of Custody Orders in Illinois

A custody modification in Illinois typically requires one of the parents to file a petition in court. The court will not automatically initiate a modification process upon learning of a parent’s criminal charges or conviction. The petition must demonstrate a significant change in circumstances that directly impacts the child’s best interests. The court then reviews the petition, considers evidence, and holds a hearing before making a decision.

### Role of Legal Representation and Advocacy

Navigating custody modifications due to criminal charges necessitates experienced legal representation. Family law attorneys are crucial in advocating for the parent’s rights while ensuring the child’s welfare is not compromised. Child representatives or guardians ad litem may also be involved to represent the child’s interests independently.

Charges of criminal activity involving a parent in Illinois can introduce substantial intricacies and challenges into child custody proceedings. The court’s primary focus remains safeguarding the child’s best interests while considering the criminal charges’ nature, severity, and implications. This delicate balance underscores the importance of skilled legal representation and informed advocacy to navigate these challenging scenarios, ensuring fair and child-centric outcomes in custody decisions.

### Call Our Skokie Child Custody Lawyer to Protect Your Child’s Best Interests

If you have concerns about modifying custody arrangements to protect the well-being of your child, contact Gordon & Perlut, LLC. When dealing with changes in custody due to criminal or domestic violence, it’s critical to have a thorough understanding of your legal options. Contact our Chicago or Skokie child custody attorney at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your [child custody consultation](https://familylawadvocate.com/contact-us/).

## Frequently Asked Questions About How Criminal Charges Impact Child Custody In Illinois

Child custody decisions in Illinois are based on the best interests of the child. When one parent is facing criminal charges, courts will carefully evaluate whether those charges affect the safety, stability, and overall well-being of the child. While being accused of a crime does not automatically result in losing custody or parenting time, criminal allegations can significantly influence a judge’s decision.

Below are frequently asked questions about how criminal charges may affect child custody and parenting time in Illinois.

### Can criminal charges affect child custody in Illinois?

Yes. Illinois family courts consider many factors when determining parental responsibilities and parenting time, including the safety and welfare of the child. Criminal charges may raise concerns about a parent’s ability to provide a safe and stable environment.

Judges may look at the nature of the alleged offense, whether the charges involve violence, substance abuse, or harm to a child, and whether the criminal case is ongoing. Even if a parent has not been convicted, pending charges may still be considered during custody proceedings.

However, each case is evaluated individually. The existence of criminal charges alone does not automatically remove a parent’s rights.

### What types of criminal charges most affect custody decisions?

Certain criminal offenses are more likely to impact child custody determinations. Charges involving domestic violence, child abuse, sexual offenses, or violent crimes are often viewed as particularly serious because they directly relate to the safety of the child.

Drug-related charges may also influence custody decisions, especially if substance abuse could affect a parent’s ability to care for the child. Additionally, repeated criminal behavior or a pattern of arrests may raise concerns about stability and judgment.

Non-violent offenses such as minor traffic violations or older, unrelated convictions may carry less weight in custody decisions.

### **Can a parent lose parenting time because of criminal charges?**

In some cases, parenting time may be limited or modified if the court believes a child could be at risk. A judge may order supervised visitation, restrict overnight visits, or temporarily suspend parenting time while criminal charges are pending.

Supervised visitation allows the parent to maintain contact with the child while ensuring that interactions take place in a safe and controlled environment. The goal of these restrictions is to protect the child rather than permanently sever the parent-child relationship.

### What happens if a parent is convicted of a crime?

A criminal conviction can have a stronger impact on custody decisions than an allegation alone. Courts may review the seriousness of the offense, the circumstances surrounding the conviction, and whether the behavior poses a risk to the child.

For example, convictions involving domestic violence or child abuse can significantly affect parental responsibilities and may result in long-term limitations on custody or visitation.

However, courts may also consider factors such as rehabilitation, completion of treatment programs, and evidence that the parent has taken steps to improve their circumstances.

### Can a parent regain custody rights after criminal charges?

Yes. Illinois courts recognize that circumstances can change. A parent who resolves their criminal case, completes court-ordered programs, or demonstrates responsible behavior may request a modification of the custody order.

To modify parenting arrangements, the parent must show that the change would be in the best interests of the child. Evidence of rehabilitation, stable housing, employment, and compliance with court orders can support such a request.

### Should I speak with a lawyer if criminal charges affect my custody case?

Yes. When criminal charges intersect with family law issues, the legal situation becomes more complex. A criminal defense attorney and family law attorney can help protect your rights, explain your options, and present evidence that supports your relationship with your child.

Legal guidance can be especially important when facing allegations that may influence parenting time or parental responsibilities.

Understanding how criminal charges impact child custody in Illinois is critical for protecting both parental rights and the well-being of the child. An experienced attorney can help navigate the legal process and work toward the best possible outcome for your family

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### [How Does Domestic Violence Affect Child Custody in Illinois?](https://familylawadvocate.com/how-does-domestic-violence-affect-child-custody-in-illinois/)

**Published:** March 5, 2026
**Author:** familylawadvocate

**Content:**

Whether you have been accused of domestic violence or you share children with a person accused of domestic violence, it is important to understand how domestic violence can affect [child custody](https://familylawadvocate.com/divorce/child-custody/) in Illinois. In short, the occurrence of domestic violence may result in a restriction of parenting time, as well as limitations on the allocation of parental responsibilities.

This can include a restriction on the allocation of significant decision-making responsibilities under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000) (IMDMA). Our experienced [child custody lawyers in Chicago](https://familylawadvocate.com/divorce/child-custody/) and the surrounding counties can provide you with more information and can assist you with your own child custody case involving allegations of domestic violence.

## Domestic Violence is a Factor to Consider in Allocating Parental Responsibilities

Domestic violence allegations can significantly influence child custody decisions in Illinois family courts. When judges determine how parental responsibilities and parenting time should be allocated, their primary legal standard is the best interests of the child. If there is evidence of abuse within a household, Illinois courts may limit or restructure custody arrangements to ensure the safety and well-being of the child.

For families in Chicago, Skokie, and surrounding Cook County communities, allegations of domestic violence can dramatically change the outcome of a custody case. Whether a parent seeks to protect a child from an abusive environment or must defend against allegations during a divorce or custody dispute, understanding how Illinois courts evaluate domestic violence is essential.

### Understanding Child Custody Under Illinois Law

Illinois no longer uses the traditional term “custody.” Instead, courts refer to the allocation of parental responsibilities and parenting time under the Illinois Marriage and Dissolution of Marriage Act.

Parental responsibilities generally include decision-making authority regarding important issues in a child’s life such as:

- Education
- Medical care
- Religious upbringing
- Extracurricular activities

Parenting time refers to the schedule determining when a child resides with each parent.

When deciding these issues, Illinois courts focus on what arrangement best serves the child’s physical safety, emotional development, and long-term stability. The law requires judges to evaluate numerous factors related to the child’s welfare, including the parents’ ability to provide a safe and supportive environment.

One of the most important factors the court considers is whether domestic violence has occurred in the household.

### How Illinois Defines Domestic Violence

Domestic violence in Illinois is defined broadly under the Illinois Domestic Violence Act. The term abuse can include a variety of behaviors beyond physical violence.

Examples of domestic violence may include:

- Physical assault
- Threats of harm
- Harassment
- Stalking
- Intimidation
- Interference with personal liberty
- Emotional abuse
- Willful deprivation of basic needs

Domestic violence can occur between spouses, former partners, parents, children, or other household members.

Even if the child was not the direct victim of abuse, Illinois courts still consider domestic violence in custody decisions because witnessing violence between adults can have harmful psychological effects on children.

### The Best Interests of the Child Standard

Illinois courts determine parenting arrangements based on the best interests of the child. This legal standard requires judges to examine numerous factors related to a child’s safety, emotional well-being, and development.

Among the factors courts must evaluate is whether there has been physical violence or threats of violence against a child or another household member.

The law specifically requires courts to consider:

- The occurrence of domestic violence
- The presence of ongoing abuse in the household
- The mental and physical health of the parents
- The child’s relationship with each parent
- The child’s adjustment to their home and community

If credible evidence shows that domestic violence occurred, the court may determine that awarding significant decision-making authority or unrestricted parenting time to the abusive parent is not in the child’s best interests.

### The Impact of Domestic Violence on Parental Responsibilities

Domestic violence can significantly affect how courts allocate parental responsibilities.

In many cases, the non-abusive parent may receive sole authority to make major decisions regarding the child’s education, medical care, and other important matters.

This means the abusive parent may lose the ability to participate in key decisions affecting the child’s life.

Illinois courts prioritize safety when allocating parental responsibilities. If the court believes that one parent’s behavior could endanger the child or expose the child to ongoing abuse, it may restrict that parent’s role in decision-making.

### Restrictions on Parenting Time

Domestic violence may also lead to restrictions on parenting time.

Although courts generally support a child having a relationship with both parents, that principle changes when a child’s safety could be at risk.

Depending on the circumstances, a judge may order:

- Supervised visitation
- Limited parenting time
- Exchanges in public locations
- Completion of counseling or intervention programs

For example, a parent accused of domestic violence in a Chicago or Skokie custody case may only be allowed to visit their child under the supervision of a third party until the court is confident that the child will be safe.

In some situations involving serious or repeated abuse, the court may suspend parenting time entirely.

### When Domestic Violence Occurs Against a Parent Rather Than a Child

Many custody disputes involve domestic violence directed at one parent rather than the child.

Even in those cases, Illinois courts take the issue seriously.

Exposure to domestic violence can negatively affect a child’s emotional and psychological development. Courts recognize that children who witness violence in the home may experience trauma, anxiety, and behavioral issues.

Because of this, Illinois courts often view violence between parents as a significant factor in custody decisions.

If a parent has a history of abusive behavior toward a spouse or partner, the court may determine that placing the child in that environment could create safety risks.

### Evidence Used to Prove Domestic Violence

In custody cases, allegations alone are not enough. Courts require credible evidence before imposing restrictions on parenting rights.

Common forms of evidence used in Illinois custody cases include:

- Police reports
- Medical records documenting injuries
- Photographs of injuries or property damage
- Witness testimony
- Text messages or emails containing threats
- Orders of protection issued by the court

An order of protection issued in Cook County can be especially influential in custody proceedings because it demonstrates that a court previously found evidence of abuse.

Family law attorneys representing clients in Chicago and Skokie often work closely with investigators, medical professionals, and witnesses to present a clear record of the abuse to the court.

### Orders of Protection and Child Custody

An order of protection is a court order designed to prevent further abuse or harassment.

When domestic violence occurs, a victim may petition the court for an emergency order of protection.

In Illinois, an order of protection can:

- Prohibit contact between the abuser and victim
- Require the abuser to leave a shared residence
- Grant temporary custody of children
- Establish temporary parenting time arrangements

Orders of protection frequently play a role in divorce and custody cases throughout Chicago and the surrounding Cook County area.

If an emergency order of protection is issued, it may temporarily grant one parent exclusive care of the children while the court evaluates the allegations of abuse.

### The Role of Guardian ad Litem in Custody Cases

In contested custody cases involving allegations of domestic violence, the court may appoint a Guardian ad Litem (GAL).

A Guardian ad Litem is an attorney appointed to investigate the situation and represent the best interests of the child.

The GAL may:

- Interview both parents
- Speak with teachers or medical professionals
- Review police reports
- Evaluate the child’s living environment
- Make recommendations to the court

Judges often rely heavily on the GAL’s recommendations when making custody decisions.

For families in Chicago, Skokie, Evanston, and other nearby communities, a Guardian ad Litem investigation can be a critical factor in determining the outcome of a custody dispute.

### False Allegations of Domestic Violence in Custody Cases

Unfortunately, domestic violence allegations sometimes arise during contentious divorce or custody disputes.

Illinois courts take all allegations seriously but also recognize that false claims may occur.

If one parent falsely accuses the other of abuse in an attempt to gain leverage in a custody case, the court may view this behavior negatively.

Judges consider each parent’s willingness to foster a healthy relationship between the child and the other parent when determining parenting arrangements.

False accusations can damage credibility and may ultimately affect custody outcomes.

### Domestic Violence and Child Safety Planning

When domestic violence is present, courts often implement safety measures designed to protect children and victims.

These measures may include:

- Supervised parenting time centers
- Neutral locations for child exchanges
- Restrictions on overnight visitation
- Court-ordered counseling or treatment programs

Cook County courts regularly use these tools to create structured parenting plans that prioritize safety.

Family law attorneys representing clients in Chicago and Skokie often work with the court to develop parenting plans that protect children while maintaining appropriate parental relationships when possible.

## **Why Legal Representation Is Critical in Domestic Violence Custody Cases**

Child custody disputes involving domestic violence are among the most complex family law cases.

These cases often require extensive documentation, witness testimony, and legal advocacy.

An experienced Illinois family law attorney can help clients:

- Present evidence effectively in court
- Protect children from unsafe environments
- Respond to domestic violence allegations
- Navigate orders of protection
- Develop parenting plans that prioritize safety

Legal guidance is particularly important in Cook County courts, where family law judges carefully analyze each case based on statutory best-interest factors.

## FAQs About Domestic Violence and Child Custody in Illinois

### Does domestic violence automatically prevent a parent from getting custody?

Not necessarily. Illinois courts evaluate each case individually. While domestic violence is a significant factor, the court will consider the severity of the abuse, whether it was directed toward the child, and whether the abusive parent has taken steps to address the behavior.

### Can a parent lose visitation rights because of domestic violence?

Yes. If the court believes a child may be at risk, it may restrict or suspend parenting time. In many cases, supervised visitation is ordered until the court determines that the child will be safe.

### What if the child witnessed domestic violence but was not harmed?

Illinois courts still consider the impact of witnessing violence. Exposure to domestic abuse may influence custody decisions because it can negatively affect a child’s emotional well-being.

### Can an order of protection affect custody?

Yes. An order of protection may grant temporary custody to one parent and restrict contact between the accused parent and the child. These orders can significantly influence later custody decisions.

### What evidence is needed to prove domestic violence in a custody case?

Evidence may include police reports, medical records, photographs, witness testimony, or court orders. Documentation helps establish credibility and strengthens a custody claim.

### How do Chicago and Skokie courts handle domestic violence cases?

Family courts in Cook County carefully evaluate evidence of abuse when allocating parental responsibilities. Judges prioritize the safety and stability of the child when determining parenting arrangements.

## Speak With Our Chicago Child Custody Lawyer

Child custody cases involving domestic violence require careful legal strategy and a strong understanding of Illinois family law. Whether you are seeking protection for your child or defending against allegations that could affect your parental rights, experienced legal representation is essential.

A knowledgeable family law attorney can guide you through the legal process, protect your parental rights, and advocate for the safety and well-being of your children.

If you are facing a custody dispute involving domestic violence in Chicago, Skokie, or the surrounding Cook County communities, consider speaking with an experienced Illinois family law attorney as soon as possible. An attorney can evaluate your case, explain your legal options, and help you pursue the best possible outcome for your family

If you have any questions or concerns about how allegations of domestic violence, or adjudicated occurrences of domestic violence, affect the allocation of parental responsibilities in Illinois, our child custody attorneys can help. Our firm has years of experience representing parents in a wide variety of child custody and other family law cases, and we can begin working with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)  at 312-360-0250 for a free consultation.

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### [Emotional Distance In Marriage And Why Illinois Couples Seek Divorce](https://familylawadvocate.com/emotional-distance-in-marriage-and-why-illinois-couples-seek-divorce/)

**Published:** March 3, 2026
**Author:** familylawadvocate

**Content:**

Emotional distance is one of the most common reasons Illinois couples decide to end a marriage. It does not usually appear overnight. Instead, it builds slowly through lack of communication, unresolved conflict, unequal emotional labor, or years of feeling unheard or disconnected. Many spouses tell us they still live under the same roof but feel like strangers. When that emotional bond erodes, the marriage often becomes unsustainable, even if there is no dramatic event that triggered the separation.

Illinois divorce law does not require a spouse to prove wrongdoing to file for divorce. Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), the sole ground for divorce is irreconcilable differences. Emotional distance fits squarely within that legal standard. When spouses can no longer connect in a meaningful way, and reconciliation is not realistic, Illinois courts recognize that the marriage has broken down. Our role is to help clients understand how these emotional realities translate into legal decisions that affect finances, parenting, and long-term stability.

## How Emotional Distance Leads To Legal Separation And Divorce

Emotional distance often results in spouses living separate lives long before a divorce is filed. Communication drops off. Decisions are made independently. Trust and intimacy fade. Over time, one or both spouses may conclude that the marriage no longer serves its purpose. Illinois law allows a divorce once irreconcilable differences have caused an irretrievable breakdown of the marriage and efforts at reconciliation have failed or would not be in the family’s best interests.

This emotional breakdown often influences the timing and tone of a divorce. Some couples pursue an uncontested divorce because they already function separately. Others experience heightened conflict because emotional withdrawal has turned into resentment. Understanding this context helps frame negotiations and court proceedings in a way that reflects reality rather than blame.

### Impact Of Emotional Distance On Parenting Issues

When children are involved, emotional distance between spouses often affects parenting dynamics. Parents may disagree on routines, discipline, or communication because they no longer work as a team. Illinois courts focus on the best interests of the child under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) when allocating parental responsibilities.

Emotional distance alone does not determine parenting outcomes. Courts look at each parent’s ability to cooperate, communicate, and support the child’s relationship with the other parent. In some cases, the distance between spouses actually leads to clearer boundaries and more stable parenting plans. In others, unresolved emotional issues interfere with decision-making and require structured parenting arrangements.

### Financial Consequences Of A Disconnected Marriage

Emotional distance can also affect how couples manage money. Spouses may stop sharing financial information, make unilateral decisions, or prioritize individual goals over marital ones. During divorce, these patterns often surface in disputes over property division and support.

Illinois follows equitable distribution under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), which means marital property is divided fairly, not necessarily equally. Emotional distance does not change that legal standard, but it often influences negotiations. Spouses who feel disconnected may be less willing to compromise, making clear legal guidance essential. Maintenance, addressed under 750 ILCS 5/504.2, may also become an issue if emotional separation led to unequal financial roles during the marriage.

### Why Emotional Distance Still Matters in a No-Fault Divorce State

Even though Illinois is a no-fault divorce state, emotional distance still matters. It shapes how spouses interact, how disputes arise, and how cases resolve. Courts do not assign blame for emotional withdrawal, but they do consider practical consequences such as communication breakdowns, parenting conflicts, and financial independence.

Addressing emotional distance honestly allows divorcing spouses to make informed legal choices. Ignoring it often leads to prolonged conflict and increased stress. A clear legal framework helps bring structure to an emotionally complex situation.

### Moving Forward After Emotional Disconnection

Divorce is not only a legal process. It is also a transition. When emotional distance has defined a marriage for years, divorce may provide clarity and a path forward. Illinois law provides tools to resolve issues fairly and efficiently when both parties are ready to move on.

We work with clients to focus on practical outcomes rather than revisiting emotional history. That approach helps protect children, finances, and long-term well-being while respecting the reality that the marriage has already ended emotionally.

## Frequently Asked Questions About Emotional Distance And Illinois Divorce

### Is Emotional Distance A Legal Reason For Divorce In Illinois?

Illinois does not require proof of emotional distance specifically. Divorce is based on irreconcilable differences under 750 ILCS 5/401. Emotional distance is a common reason couples conclude that the marriage has broken down beyond repair.

### Do I Need To Prove My Spouse Emotionally Withdrew From The Marriage?

No. Illinois is a no-fault divorce state. You do not need to prove emotional withdrawal or misconduct. It is enough to show that irreconcilable differences exist and that reconciliation is not realistic.

### Can Emotional Distance Affect Child Custody Decisions?

Emotional distance between spouses does not automatically affect parenting outcomes. Courts focus on the child’s best interests under 750 ILCS 5/602.5 and each parent’s ability to support the child and cooperate when required.

### Does Emotional Distance Impact Property Division?

Property division is governed by 750 ILCS 5/503. Emotional distance does not change how marital assets are classified, but it can influence how disputes arise and how negotiations proceed.

### Can Emotional Distance Influence Spousal Maintenance?

Maintenance decisions under 750 ILCS 5/504.2 focus on financial factors such as income, needs, and duration of the marriage. Emotional distance alone does not determine maintenance, but financial patterns tied to the marriage often become relevant.

### Is Counseling Required Before Filing For Divorce In Illinois?

No. Counseling is not required. Courts may consider whether reconciliation is possible, but if both spouses agree that the marriage cannot be repaired, divorce may proceed without counseling.

## Call Gordon & Perlut For A Free Phone Consultation

If emotional distance has pushed your marriage to a breaking point, understanding your legal options is an important first step. At Gordon & Perlut, LLC, we help individuals and families across Illinois move forward with clarity and confidence. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Let’s discuss how Illinois divorce law applies to your situation.

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**Categories:** Divorce

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### [Are Children of Divorce Less Likely to Graduate from College?](https://familylawadvocate.com/are-children-of-divorce-less-likely-to-graduate-from-college/)

**Published:** March 2, 2026
**Author:** familylawadvocate

**Content:**

There are many effects of [divorce](https://familylawadvocate.com/divorce/) on the parties and their children alike. Numerous studies have addressed the impacts of divorce on both minor children and adult children of divorced parents, from the long-term psychological and physical health effects of divorce to the financial consequences for children when parents decide to file for divorce.

But can divorce also impact a child’s educational experience? According to a [recent article](https://www.insidehighered.com/quicktakes/2018/08/29/study-children-divorce-less-likely-earn-degree) from Inside Higher Ed, a new study conducted by researchers at Iowa State University suggests that children of divorced parents are less likely to graduate from college and earn a degree than their peers. Should the study change the way we think about the ramifications of divorce in the Chicago area?

Divorce is a life transition that affects millions of families across the United States each year. In [Chicago](https://www.chicago.gov/), Skokie, Evanston, Oak Park, Naperville, and other Illinois communities, many parents naturally worry about how the end of a marriage will impact their children’s future — especially when it comes to education. One of the most common concerns is whether children of divorce are less likely to graduate from college.

This question does not have a simple yes or no answer. While research shows correlations between family structure and educational outcomes, those findings do not mean a child’s college success is predetermined. Instead, outcomes are shaped by a combination of emotional support, socioeconomic stability, parental involvement, community resources, and long-term planning.

This comprehensive guide explores what the research says, how divorce can affect educational trajectories, and what families in northeastern Illinois can do to support college success.

## The Research: What Studies Say About Divorce and College Graduation

Numerous studies have examined the relationship between parental divorce and academic outcomes. Key findings include:

- Children from divorced families statistically show a modestly lower college enrollment rate compared to peers from intact families.
- Divorce is associated with a higher risk of early school dropout or delayed academic progress in some populations.
- Effects vary depending on parental conflict levels, socioeconomic status, and support systems.
- Many children of divorce succeed academically and graduate from college at high rates, especially with strong parental support.

These trends are correlation, not causation. Divorce itself does not cause academic failure. Instead, the challenges that sometimes accompany divorce — such as financial strain, emotional distress, or disrupted routines — may influence educational dynamics.

In communities such as Chicago and Skokie, where access to quality schools, higher education institutions, and community resources is strong, many children of divorce thrive academically.

## Factors Influencing College Enrollment and Completion

Several factors beyond divorce influence whether a young person graduates from college. Understanding these factors helps families mitigate risk and optimize outcomes.

### Parental Support and Academic Engagement

Children who receive consistent academic encouragement from both parents — even post-divorce — are more likely to enroll in and complete college. Support includes:

- Monitoring academic progress
- Helping with homework and college applications
- Encouraging extracurricular involvement
- Attending school events

Parental involvement provides stability and reinforces the value of education.

### Financial Stability and Planning

The cost of higher education is a major consideration. Divorce can strain family finances due to:

- Legal and living expenses
- Split household budgets
- Reduced combined income

Families in the Chicago area often benefit from local scholarship programs, community college pathways, and financial aid workshops. Planning early for college expenses, exploring 529 plans, and applying for grants can make higher education more accessible.

### Emotional Health and Stability

Divorce can be stressful. Emotional distress may affect a child’s academic focus. However, interventions such as counseling, supportive parenting, and stable routines significantly reduce these effects.

Children who adjust well emotionally tend to stay engaged academically.

### Socioeconomic Context

Research shows that socioeconomic status — including parental education, household income, and community resources — heavily influences college attendance and completion. In regions like Cook County and the North Shore, where educational expectations and support systems are strong, children of divorce with access to these resources often perform well academically.

### Quality of Schools

Access to strong K–12 schools correlates with higher college success. Chicago Public Schools, selective magnet programs in Skokie and Evanston, and quality suburban districts help prepare students for college-level work.

Early academic preparedness can offset potential instability at home.

## Does the Age of the Child at Divorce Matter?

Yes, the age at which a child experiences parental divorce can influence academic trajectories:

- Younger children may adapt more readily to change but may require long-term emotional support.
- Adolescents may experience more immediate academic stress or behavioral changes.
- Older teens may be more aware of financial and emotional implications.

Regardless of age, consistent parenting and academic support help maintain focus on long-term goals.

## Parental Conflict and Academic Outcomes

Parental conflict — rather than divorce itself — often predicts negative academic outcomes. High-conflict environments can lead to:

- Anxiety
- Distrust of authority figures
- Behavioral issues
- Decreased school engagement

Conversely, cooperative co-parenting fosters stability and reduces stress. Families in the Chicago area can access mediation, family therapy, and co-parenting workshops to improve communication and reduce conflict.

## Supporting Children Through Academic Transitions

Children transitioning to college — whether from divorced or intact families — benefit from intentional support strategies:

### Encourage Academic Goal Setting

Work with your child to:

- Identify academic interests
- Set realistic college goals
- Explore majors aligned with strengths
- Develop a timeline for applications and tests

Goal setting increases motivation and academic ownership.

### Provide Practical College Planning Resources

In the Chicago metropolitan area, many organizations support college planning:

- College access programs
- Guidance counselors
- Community workshops
- Financial aid seminars

Early exposure to these resources demystifies the application process.

### Maintain a Positive Co-Parenting Environment

When parents minimize conflict and communicate about academic expectations, children experience less stress and greater confidence.

### Foster Social and Emotional Support

Counseling, support groups, and mentorship programs can help children navigate emotional challenges that might otherwise distract from academic focus.

## Financial Aid: A Critical Component of Academic Success

College affordability drives enrollment and completion. Key financial aid options include:

- Federal Pell Grants
- State grants and scholarships
- Merit scholarships
- Need-based awards
- Work-study programs
- Student loans

In Illinois, programs such as the Monetary Award Program (MAP) provide state-level support for eligible students.

Planning early for financial aid increases access and reduces stress.

## Navigating Custody and College Decisions

Divorce agreements often include provisions related to:

- Tuition contributions
- Housing expenses
- Student fees
- Transportation and travel

These provisions help parents anticipate financial responsibilities.

Attorneys can draft agreements to address college contributions and expectations, reducing uncertainty later.

## Real-World Success Stories

Many children from divorced families graduate from college and achieve professional success. Research demonstrates that:

- Resilience and stability often predict success more than family structure
- Supportive environments empower achievement
- Academic identity and expectations influence outcomes

Focusing on strengths rather than risk statistics yields meaningful results.

## Frequently Asked Questions About Children Of Divorce And College

### Are children of divorce automatically less likely to graduate from college?

No. While statistical trends show modest differences in some populations, divorce does not predetermine academic outcomes. With support and stability, children of divorce succeed in college at high rates.

### Does divorce affect college attendance more than college completion?

Some studies suggest divorce may influence enrollment decisions more than completion, but outcomes vary widely based on support and planning.

### How can parents support college readiness after divorce?

Parents should encourage academic engagement, career exploration, financial planning, emotional support, and access to college resources early in the process.

### Does co-parenting quality affect academic success?

Yes. Cooperative co-parenting reduces stress and improves academic focus.

### Can financial aid fully cover college?

For many students, yes. High-quality financial planning and early applications for aid increase the likelihood of significant grant and scholarship awards.

## The Bigger Picture: Divorce Is Not Destiny

Divorce may create challenges, but it does not define a child’s educational future. Academic success is influenced by:

Parental support
 Emotional stability
 Financial planning
 School quality
 Community resources

Couples in Chicago, Skokie, and surrounding Illinois communities have access to a wide range of educational supports, from public school programs to nonprofit college access initiatives.

## Seek Advice from Our Chicago Divorce Attorney

If you are navigating divorce in Chicago, Skokie, Evanston, Oak Park, or elsewhere in Illinois, understanding how to support your children’s academic future is essential. A knowledgeable family law attorney can help you:

Include college planning provisions in divorce agreements
 Clarify financial responsibilities
 Protect your child’s best interests
 Navigate custody and support issues with academic goals in mind

If you have questions about the financial aspects of divorce or questions about college expenses, you should speak with a [divorce lawyer in Chicago ](https://familylawadvocate.com/divorce/)as soon as possible. [Contact Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC today at 312-360-0250.

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---

### [Can the Economy Affect Divorce Rates?](https://familylawadvocate.com/can-the-economy-affect-divorce-rates/)

**Published:** February 26, 2026
**Author:** familylawadvocate

**Content:**

The decision to end a marriage is deeply personal and complex, influenced by emotional, relational, and practical factors. However, research and real-world experience show that economic conditions also play a significant role in divorce trends. In Chicago, Skokie, Evanston, Oak Park, Naperville, and other communities throughout northeastern Illinois, economic shifts — both positive and negative — have measurable effects on marital stability.

This article explores how the economy influences divorce rates, the mechanisms behind those trends, and what that means for individuals and families considering divorce in today’s economic climate. Understanding the interplay between economics and family law can help you make informed decisions about timing, expectations, and legal strategy.

## **How Economic Conditions Influence Divorce Rates**

Economic conditions broadly impact financial stress, employment stability, access to legal resources, and lifestyle expectations — all of which can affect a couple’s decision to divorce. Research spanning decades shows patterns in which marriage dissolution rates fluctuate in relation to economic cycles.

### **Periods of Economic Growth**

When the economy is strong and employment rates are high, individuals may feel more financially secure and better able to support themselves independently. In wealthier times:

- People may feel confident leaving unsatisfying or unhealthy relationships
- Individuals have greater access to quality legal representation
- Dual-income households can more easily afford separate living arrangements
- Home values and retirement savings may provide financial safety nets

These factors can contribute to higher divorce rates during economic expansions. In prosperous areas like downtown Chicago or affluent suburbs such as Winnetka and Highland Park, financial independence often enables individuals to pursue divorce when emotional or relational satisfaction falters.

### **Periods of Economic Downturn**

Conversely, economic recessions and downturns often correlate with *lower* divorce filings in the short term. When job insecurity rises, housing markets slow, and savings shrink, couples may delay divorce due to financial constraints. This phenomenon occurs for several reasons:

- Individuals cannot afford separate housing or living expenses
- Legal costs for divorce proceedings may be prohibitive
- Loss of employment raises concerns about health insurance and benefits
- Asset valuations (homes, retirement accounts) drop, making equitable settlement more complicated

During the Great Recession of 2008-2009, divorce rates in many regions, including Illinois, initially declined as financial insecurity forced couples to postpone filing. However, delayed divorce can also lead to pent-up demand. Once economic conditions improve, some couples who postponed divorce may move forward with proceedings.

## **Financial Stress and Marital Conflict**

Beyond broad economic cycles, everyday financial stress impacts marital relationships. Financial conflict is one of the most commonly cited sources of marital dissatisfaction.

Factors that increase financial stress include:

- Job loss or underemployment
- Stagnant wages
- Rising cost of living
- Medical expenses
- Debt (student loans, credit cards, mortgages)

In metropolitan areas like Chicago, where living costs and taxes are higher than national averages, financial disagreements often surface around budget priorities, savings strategies, and long-term planning. Economic strain can exacerbate relational friction, especially when spouses have differing financial philosophies. Over time, unresolved financial conflict contributes to emotional distancing and resentment, and may ultimately trigger divorce discussions.

## **Divorce Filings and Local Economic Indicators**

Examining local economic indicators — such as unemployment rates, median household income, and housing markets — offers insight into how divorce trends shift regionally. For example:

- When unemployment rises in Cook County or Lake County, divorce filings may slow temporarily
- In affluent suburbs with strong job markets, divorce may occur at higher rates during robust growth
- Communities with significant commuter populations may experience unique patterns related to job instability or work-family stress

While local divorce statistics fluctuate year to year, correlations between economic indicators and divorce filings emerge over time.

## **The Impact of Housing Costs and Asset Division**

Homeownership is a major financial consideration in many Illinois families. The Chicago-area housing market plays a role in divorce decisions for several reasons:

### **Equity and Timing**

Assets such as real estate often make up a significant portion of marital property. When home values are high, couples may delay selling or dividing assets until markets stabilize. Conversely, declining values can complicate equitable distribution and lead some to postpone filing until financial conditions improve.

### **Cost of Living**

Living expenses, property taxes, and commuting costs influence decisions about whether spouses can maintain separate households post-divorce. In areas like Chicago’s North Shore or near Skokie, high housing costs can create financial barriers to divorce, even if emotional motivation exists.

These factors underscore the need for careful financial planning when contemplating divorce — especially in markets with volatile real estate conditions.

## **Employment Stability and Career Considerations**

Career stability is central to divorce planning. When one spouse is financially dependent on the other, economic uncertainty can complicate decisions about separating. Conversely, dual incomes provide a buffer that makes divorce more feasible.

Unemployment spikes or layoffs — particularly during recessions — often result in:

- One spouse delaying separation due to instability
- Increased discussions about divorce once employment stabilizes
- Greater negotiation around spousal support and asset division when job security is uneven

## **How Economic Conditions Affect Divorce Processes**

Beyond the decision to file, economic conditions can influence how divorce cases unfold:

### **Access to Legal Representation**

Financial constraints may limit access to experienced attorneys. Some individuals explore pro bono options, legal aid clinics, or low-cost mediation during downturns.

### **Mediation and Collaborative Divorce**

Couples may pursue alternative dispute resolution methods such as mediation or collaborative divorce when economic pressures make traditional litigation costly. These options can reduce legal fees while prioritizing efficient resolution.

### **Child Support and Spousal Maintenance**

Economic circumstances influence calculations for child support and spousal maintenance. Judges in Cook County and elsewhere consider income levels, earning capacity, and financial needs when making orders.

## **Preparing Financially for Divorce**

Whether economic conditions are favorable or strained, preparation is key. Individuals considering divorce in or around Chicago should:

- Gather financial documents (tax returns, pay stubs, asset statements)
- Understand retirement accounts and investment holdings
- Assess debts and liabilities
- Evaluate living expenses and future budgets
- Consult with financial planners and divorce attorneys

Financial literacy and early preparation can reduce stress and improve outcomes.

## **Divorce Trends After Economic Shifts**

Historical data shows that divorce rates may decline during economic recessions and rise following recovery. However, this trend is nuanced:

- Some couples delay divorce due to financial insecurity
- Others may experience increased conflict due to economic stress
- Long-term effects can include revenge or post-economic recovery increases in filings

Local data from Illinois courts may reflect these patterns with delays during economic downturns and increases once stability returns.

## **Frequently Asked Questions About Divorce & The Economy**

### **Does the economy really affect divorce rates?**

Yes. Economic conditions influence financial stress, employment stability, and access to legal resources, all of which impact divorce decisions.

### **Are divorce rates higher in prosperous areas like Chicago’s North Shore?**

Divorce patterns vary by community. Wealthier regions may see higher divorce rates during economic growth due to financial independence, but each couple’s circumstances are unique.

### **Can financial disputes alone cause divorce?**

Financial conflict is a common contributing factor, though most divorces involve multiple relational and emotional issues.

### **Should I delay filing for divorce due to economic uncertainty?**

Delaying a filing can help stabilize finances, but it may also prolong conflict. Consult both financial and legal professionals to determine what is best for your case.

### **How can I protect my financial interests during divorce?**

Early documentation, financial planning, and guidance from experienced attorneys and financial planners improve your position.

## **Why Legal Guidance Matters in Economic Uncertainty**

Economic shifts add complexity to an already emotionally challenging life transition. Legal professionals with experience in Illinois family law can help you:

- Evaluate how current economic conditions affect your case
- Understand property division and equitable distribution
- Navigate income instability and maintenance issues
- Plan for child support and custody arrangements
- Advocate for fair settlement terms

Many studies have analyzed ways in which financial problems contribute to [divorce](https://familylawadvocate.com/divorce/). In most of those analyses, researchers determined that financial struggles can affect the stability of a marriage and, ultimately, may be one of the leading factors in the parties’ ultimate decision to file for divorce. While it may be clear that financial problems within the confines of a marriage can lead to divorce, can fluctuations in the larger economy also contribute to the [divorce rate in Chicago](https://familylawadvocate.com/divorce/)?

According to a [recent report from CNBC](https://www.cnbc.com/2019/05/31/your-marriage-could-suffer-due-to-the-strong-economy.html), the answer to that might not be the one you would expect. In short, a new study suggests that overall divorces often increase in times of economic growth when incomes are higher. But why might a growing economy lead to more divorces?

## **Contact Our Chicago Divorce Lawyers**

If you are facing divorce in Chicago, Skokie, Evanston, Oak Park, Naperville, or surrounding Illinois communities, economic conditions may influence your decisions — but they should not cloud your legal rights. Strategic planning, informed decision-making, and experienced legal representation can make a meaningful difference in your outcome.

Contact a qualified Chicago family law attorney today for a confidential consultation. We will help you understand how economic factors affect your divorce case, protect your interests, and support you through every step of the legal process.

Do you have questions about filing for divorce in the Chicago area? If you are considering divorce, you should speak with our experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) about your situation. An advocate at our firm can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)  at 312-360-0250 to discuss your case.

**Your future matters. Reach out now to take control of your divorce planning — regardless of the economy.**

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### [How Long Do I Have to Keep Paying Child Support Arrears?](https://familylawadvocate.com/how-long-do-i-have-to-keep-paying-child-support-arrears/)

**Published:** February 23, 2026
**Author:** familylawadvocate

**Content:**

Both parents have an obligation to financially support their child, and typically, the noncustodial parent will pay the custodial parent child support in Illinois. However, there are times when a noncustodial parent falls behind in their payments, known as being in arrears. At Gordon & Perlut, Attorneys at Law, our [Chicago child support lawyers](https://familylawadvocate.com/divorce/child-support/) are here to assist with your child support arrears problems or any other issue that may arise in your child support case. To learn more, call 312-360-0250 or contact our office today to schedule a consultation.

Navigating child support obligations can be challenging — especially when past due amounts, known as arrears, accumulate over time. If you live in Chicago, Skokie, Evanston, Oak Park, or elsewhere in the greater Chicago metropolitan area, it’s essential to understand your rights and obligations under Illinois child support law.

This comprehensive guide explains:

- What child support arrears are
- How long you are legally required to pay them
- Circumstances that may modify payment obligations
- Enforcement mechanisms used by Illinois courts
- Common questions and answers
- Steps you can take if you are struggling with arrears

Understanding these topics can help you protect your legal interests and maintain compliance with the law.

## **What Are Child Support Arrears?**

Child support arrears occur when a paying parent fails to make court-ordered child support payments on time or in full. These unpaid obligations remain outstanding until paid, regardless of changes in circumstances.

In Illinois, child support orders establish both:

- Current support (ongoing monthly obligation), and
- Past due support (arrears)

Even if an order is modified later, arrears typically survive the modification and must be repaid.

## **Illinois Law: A Parent’s Duty to Pay Child Support Arrears**

Under [Illinois law](https://illinoisattorneygeneral.gov/Page-Attachments/ChildSupportBooklet.pdf), once a court issues a support order, the parent obligated to pay support has a legal duty to honor that order. Child support is considered a legal debt owed to both the custodial parent and the child. Failure to pay support does not simply make someone “behind” — it creates enforceable arrears that can accumulate interest and trigger legal consequences.

Unlike some types of civil debt that expire after a statute of limitations, child support arrears in Illinois generally do not expire. That means:

- You remain responsible for arrears until they are fully paid, and
- The government or custodial parent can pursue collection indefinitely

This applies in Chicago, Skokie, and other municipalities throughout Cook, Lake, DuPage, and surrounding counties.

## **Can Child Support Arrears Ever Be Forgiven or Reduced?**

Child support arrears are not typically forgiven automatically. However, there are limited circumstances under which a court may consider relief. These situations include:

### **1. Modification of Child Support Order**

Illinois law allows modification of a child support order if there is a showing of a substantial change in circumstances. This might include:

- Significant change in income
- Loss of employment
- Disability
- Change in parenting time
- Other material shifts in financial situation

A modification affects future support but does not erase existing arrears without a specific court order.

### **2. Hardship or Equitable Relief**

In rare cases, courts may consider arrears relief when enforcing full arrears would be unjust or inequitable. Factors a judge may evaluate include:

- Long periods without enforcement
- Reliance on incorrect information about payment obligations
- Demonstrated inability to pay

Note that equitable relief from arrears is exceptional and requires clear proof of hardship or unfairness. Approval is never guaranteed merely because you are struggling financially.

### **3. Payment Plans**

Courts can sometimes enter structured repayment plans to make arrears more manageable. These plans can include:

- Monthly catch-up payments
- Allocations from tax refunds or unemployment benefits
- Garnishment adjustments

However, these plans do not eliminate the debt — they simply organize how it is repaid.

## **How Long Are Arrears Enforceable in Illinois?**

Illinois recognizes that child support is a unique type of debt. Unlike typical civil debt subject to a statute of limitations, child support arrears are enforceable indefinitely until paid in full.

This means:

- A parent could be liable for arrears for many years after they accumulate
- Arrears do not automatically disappear when a child turns 18
- The custodial parent, state, or enforcement agency can pursue payment at any time

This indefinite enforceability reflects the state’s strong public policy interest in supporting children financially throughout their upbringing.

## **Enforcement Mechanisms for Child Support Arrears**

When a parent falls behind on support, Illinois courts and state agencies have powerful tools to collect arrears. These include:

### **Income Withholding**

Wage garnishment allows child support to be automatically deducted from a parent’s paycheck. Employers in Chicago, Skokie, and surrounding areas are legally required to comply with withholding orders.

### **Tax Refund Intercept**

Federal and state tax refunds can be intercepted to satisfy child support arrears.

### **Bank Account Levies**

Support enforcement agencies can seek court orders to levy bank accounts and other financial assets.

### **Driver’s License Suspension**

Illinois law permits suspension of a delinquent parent’s driver’s license if support payments are not made.

### **Passport Denial or Revocation**

Parents with significant arrears may be denied a U.S. passport or have one revoked.

### **Liens on Property**

Courts can place liens on real estate or other valuable assets to secure payment of support.

## **Can Arrears Affect Credit or Personal Finances?**

While child support arrears do not always appear on traditional consumer credit reports, the consequences can still be damaging:

- Wage garnishment can reduce take-home pay
- Bank levies can disrupt personal finances
- License suspensions can affect employment prospects
- Passport issues can limit travel

Additionally, a history of unpaid support may be revealed through background checks for employment, housing, or professional licensing.

## **What Happens When a Child Turns 18?**

Some people mistakenly believe that child support obligations — and related arrears — end when a child turns 18. In Illinois, turning 18 may end the obligation to pay current support, but past due arrears remain owed.

In many cases, support orders extend until a child graduates from high school or reaches age 19, whichever occurs first. However, this does not alter liability for arrears that existed before, during, or after that period.

## **How to Handle Child Support Arrears in a Modification Case**

If you are facing a request for modification due to financial hardship, a court will generally require proof of a substantial change in circumstances. Examples include:

- Permanent job loss
- Serious medical condition
- Reduced earning capacity
- Increased parenting time (reducing support obligations)

The requesting parent must file a petition, provide documentation (e.g., tax returns, pay stubs, medical records), and appear at a hearing. Even if the court modifies ongoing support, arrears may remain until specifically addressed.

## **How Arrears Are Calculated**

In Illinois, arrears are calculated based on:

- The original court order amount
- The period of non-payment
- Interest accrual (if applicable under statute)

Interest may accrue on unpaid support at statutory rates, increasing liability over time. Courts can also award attorney fees or enforcement costs in some circumstances.

Because these computations can be complex, expert legal assistance is often necessary to ensure accuracy.

## **Frequently Asked Questions About Illinois Child Support Arrears**

### **Can a Parent Go to Jail for Not Paying Child Support?**

Yes. Failure to comply with child support orders can result in contempt proceedings, which may include jail time in extreme cases. Courts prefer repayment plans, but incarceration remains a legal enforcement tool.

### **If I Never Received Notices About My Arrears, Can I Still Be Responsible?**

Yes. Lack of personal knowledge does not negate liability. Courts expect parents to understand their legal obligations once a court order is entered.

### **What Happens if I Move Out of State?**

Child support orders and arrears obligations are enforceable across state lines under federal and state law. Income withholding, tax intercept, and other enforcement tools still apply.

### **Can I File for Bankruptcy to Eliminate Arrears?**

No. Child support arrears are not dischargeable in bankruptcy. That means filing for bankruptcy does not eliminate your debt.

### **What If I Cannot Afford to Pay Arrears?**

Seek legal counsel promptly. Courts can structure repayment plans, account for hardship, and modify ongoing obligations. However, arrears will still need to be repaid unless specifically forgiven by a court — a rare outcome.

## **Practical Steps to Take if You Have Arrears**

1. **Review Your Court Order
     Examine the original support order to confirm amounts and dates.
2. **Request a Statement of Arrears
     Courts or support enforcement agencies can provide an official breakdown.
3. **Consult a Family Law Attorney
     An attorney can evaluate your options, negotiate payment plans, or pursue modification if circumstances warrant.
4. **Document Your Financial Situation
     Collect documentation such as tax returns, pay stubs, medical records, and employment history.
5. **Avoid Avoidance
     Ignoring arrears can lead to harsher enforcement steps. Proactive engagement demonstrates good faith.

## Talk to Our Chicago Child Support Lawyers

Child support arrears can have long-term financial and legal consequences for parents in Chicago, Skokie, Evanston, Oak Park, and surrounding Illinois communities. Understanding your obligations and options is essential to maintaining compliance with the law and protecting your rights.

If you are struggling with child support arrears, facing enforcement actions, or considering a modification due to changed circumstances, you do not have to navigate this process alone. A knowledgeable Chicago family law attorney can:

- Review your case and court order
- Prepare modification petitions if eligible
- Negotiate repayment plans
- Advocate on your behalf in court

Contact a trusted family law attorney today for a comprehensive consultation and legal strategy tailored to your situation. Timely action can make a significant difference in your financial stability and long-term legal standing. If you have more questions about child support in arrears, call our [Chicago child support lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, Attorneys at Law, today at 312-360-0250 to schedule a consultation.

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**Categories:** Child Support Lawyer

**Tags:** child support

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### [Is the Non-Custodial Parent Responsible for College Expenses in Illinois?](https://familylawadvocate.com/is-the-non-custodial-parent-responsible-for-college-expenses-in-illinois/)

**Published:** February 18, 2026
**Author:** familylawadvocate

**Content:**

## A Comprehensive Guide on College Expenses After Divorce for Families in Chicago, Skokie, and Surrounding Communities

For many families navigating divorce or separation, questions about financial responsibility extend beyond high school. A common concern among parents in Chicago, Skokie, Evanston, Oak Park, and other communities across Cook County and the northern suburbs is whether the non-custodial parent is legally obligated to contribute toward college expenses for a child. Understanding how Illinois courts approach this issue — and how families can plan for higher education costs — can prevent confusion, reduce conflict, and help parents create more comprehensive financial arrangements.

This guide explains Illinois law on college expenses, the factors courts consider, differences between legal obligation and voluntary agreements, and practical options for families.

### Does Illinois Law Automatically Require a Non-Custodial Parent to Pay for College?

Unlike some states, Illinois does not have a statute that automatically requires a non-custodial parent to pay college expenses after a child turns 18. Under Illinois law, child support generally terminates when the child reaches the age of majority — typically 18 years old, or upon high school graduation, whichever occurs later. After this point, the court’s authority to order ongoing child support ends, unless specific agreements or circumstances provide otherwise.

Because college funding can extend well past the age of majority, families must understand the distinction between support for minor children and post-majority educational expenses.

### What Factors Do Courts Consider When Deciding Whether to Award College Expenses?

While Illinois courts do not automatically impose a college expense obligation, they can order contributions when specific circumstances exist. Judges evaluate a variety of factors under the “best interests of the child” and “fair allocation of parental obligations” frameworks.

Key considerations include:

- **Existing written agreements:** Separation agreements, divorce agreements, or parenting plans that explicitly address college costs
- **Parental income and resources:** The financial ability of each parent to contribute
- **Child’s academic record and college readiness:** The child’s commitment to pursuing a degree and prior academic performance
- **Cost of the expected college or educational program
- **Ability of the child to contribute:** Including scholarships, grants, savings, or earnings
- **Length and nature of the parents’ relationship and prior support obligations
- **Special needs or extraordinary circumstances

Courts may also consider whether the requested expenses are reasonable and necessary, rather than extravagant or beyond the parents’ financial means.

### The Role of Written Agreements

One of the most effective ways to address college expenses is through a clear, enforceable written agreement included in the divorce decree or parenting plan. Many experienced family law attorneys in Chicago and Skokie recommend that parents negotiate college cost provisions during settlement negotiations to avoid future disputes.

A typical college expense provision can specify:

- What types of expenses will be covered (tuition, room and board, textbooks, fees, etc.)
- The percentage or amount each parent will contribute
- Whether the contribution is limited to public versus private institutions
- How payments will be made (direct to the institution, reimbursement, etc.)
- Conditions tied to academic performance (minimum GPA, progress toward degree, etc.)

When written agreements are clear and detailed, courts are more likely to enforce them without requiring extensive litigation.

### Types of College Expenses Parents May Be Asked to Pay

Contributions toward college costs may include:

- Tuition and mandatory fees
- Room and board
- Textbooks and required course materials
- Meal plans
- Transportation or parking expenses
- Required equipment for academic programs

Courts generally require that the expenses be reasonably necessary, not luxury items or optional purchases. A university that charges premium room upgrades or expensive elective courses might lead a court to scrutinize which charges are truly essential.

### Public vs. Private College Costs

The type of institution, whether a public university, such as the [University of Illinois at Chicago](https://www.uic.edu/), DePaul University, Loyola University Chicago, or a smaller private college, can influence how courts view requested contributions. While courts may consider the reasonable expenses associated with a local public school, they may be less inclined to require equal payments for expensive private tuition unless the parents’ financial resources justify it and an agreement exists.

Parents in Skokie and northern Cook County often weigh the cost differential between in-state public universities and out-of-state or private schools when crafting college expense agreements.

## **Do School Performance and Career Plans Matter?**

Yes. Illinois courts may consider the student’s academic record and educational goals when evaluating whether to obligate parents to contribute to college expenses. A strong academic history and a demonstrated commitment to completing a degree — such as a minimum grade point average — can support a claim for contributions. Conversely, courts may hesitate to enforce contributions if a student lacks commitment or direction, as measured by academic performance.

## **Social Policy and Parental Responsibilities**

Illinois public policy does not treat college education as a mandatory support obligation in the same way it treats support for minor children. Education beyond high school is generally considered discretionary. Therefore, college cost disputes are often contractual in nature: enforceable if parents agreed to them, but not automatically imposed by statute.

That said, family law judges have discretion to interpret agreements and assess fairness based on the unique circumstances of each family. This discretionary review often becomes necessary in contested matters.

## **Modifications and Post-Decree Litigation**

If a divorce decree already includes college expense provisions, but circumstances have changed — such as a parent losing income — either parent may petition the court for a modification. The judge will evaluate whether the change in circumstances justifies altering the college cost obligations.

Because these modifications involve complex legal standards and factual evaluations, families often seek attorney guidance to present persuasive arguments.

## **Alternatives to Court Orders**

Not every family wants or needs to involve the court in college financial planning. Alternative options include:

- **Mediation:** Neutral third parties can help parents reach a voluntary agreement
- **Collaborative law:** Attorneys and financial professionals facilitate structured negotiations
- **Binding arbitration:** A private process that results in an enforceable decision without formal court litigation
- **Financial planning and savings vehicles:** Utilizing 529 plans, scholarships, employer assistance, and student loans

Each option has costs and benefits, and legal counsel can help determine the best path for a particular family.

## **Tax Considerations**

Parents who contribute to education costs should consider how financial contributions affect taxes. For example:

- **529 plan distributions** for qualified education expenses are generally tax-free
- Tuition and fees may qualify for educational tax credits under IRS rules
- Parents should consult tax professionals to maximize benefits and minimize liabilities

Tax planning adds another layer of complexity that families may want to coordinate with legal planning.

## **Frequently Asked Questions**

### **Is a Non-Custodial Parent Legally Required to Pay College Tuition in Illinois?**

Not automatically. Illinois does not impose a statutory duty to pay for college. Contributions arise from written agreements or court discretion in limited circumstances.

### **How Can Parents Address College Costs in a Divorce Agreement?**

Include specific provisions that define the scope of expenses, contribution percentages, types of schools covered, academic conditions, and payment mechanisms.

### **Can a Court Enforce a College Expense Agreement?**

Yes. Courts generally enforce clear written agreements in divorce decrees, provided they are equitable and not unconscionable.

### **What Happens If a Parent Refuses to Pay an Agreed Contribution?**

The other parent can file a petition to enforce the agreement in family court. An experienced attorney can assist in enforcement actions and represent the enforcing parent’s interests.

### **Do Students’ Scholarships Reduce Parental Obligations?**

Many agreements and courts treat scholarships and grants as offsets against parental contributions. This encourages students to pursue merit-based aid and reduces net parental obligations.

## **Call to Action**

College is one of the most significant financial investments a family will make, and uncertainty about obligations can lead to stress and conflict. If you are navigating divorce, parenting time decisions, or long-term financial planning in Chicago, Skokie, Evanston, or other parts of northern Illinois, proactive legal guidance can protect your interests.

Consult an experienced family law attorney today to:

- Review or draft college expense provisions
- Understand how Illinois courts may interpret your agreement
- Explore alternatives such as mediation or collaborative planning
- Ensure your children’s educational futures are supported with clarity and fairness

Contact a qualified Chicago family law attorney for a detailed consultation tailored to your family’s goals.

## **Call Our Skokie Child Support Attorneys**

Do you have more questions about how much a non-custodial parent is expected to contribute to the college expenses of their child? At Gordon & Perlut, our talented and knowledgeable [Skokie child support attorneys](https://familylawadvocate.com/contact-us/) are here to help you navigate this and any other legal issues that may arise regarding child support payments. To schedule your appointment with one of our skilled lawyers, call the office or contact us today. Consultations are always free.

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**Categories:** Child Support Lawyer

---

### [Parallel Parenting In Illinois: A Solution For High-Conflict Co-Parents](https://familylawadvocate.com/parallel-parenting-in-illinois-a-solution-for-high-conflict-co-parents/)

**Published:** February 17, 2026
**Author:** familylawadvocate

**Content:**

High-conflict co-parenting drains energy, money, and emotional strength. Constant arguments about schedules, school choices, or medical decisions place children in the middle of adult conflict. We often meet parents who sincerely love their children but cannot maintain low-conflict communication after divorce. When traditional co-parenting fails, courts and families look for safer structures. Parallel parenting offers an alternative that reduces direct interaction while preserving strong relationships between children and both parents.

Parallel parenting focuses on disengagement between the adults while preserving engagement between each parent and the child. It limits direct communication and defines clear responsibilities. Illinois law does not use the phrase “parallel parenting” in the statute, but the concept fits within the Illinois Marriage and Dissolution of Marriage Act. Courts have the authority to allocate decision-making and parenting time under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). When conflict harms a child’s well-being, judges may approve parenting plans that minimize contact between parents while keeping the child’s needs at the center.

## How Parallel Parenting Works In Illinois

Parallel parenting plans are detailed. Parenting time schedules, exchange locations, methods of communication, and responsibility for day-to-day decisions are clearly defined in writing. Under [750 ILCS 5/602.10](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.10.htm), parents must submit a parenting plan that addresses these issues, or the court may enter one. In high-conflict cases, we often seek plans that require communication only through written methods such as email or parenting apps. This limits arguments and creates a record.

Decision-making authority is also addressed. Illinois law allows courts to allocate significant decision-making responsibilities about education, health care, religion, and extracurricular activities. Under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), decision-making can be shared or given to one parent for specific areas. In a parallel parenting structure, each parent may control decisions during his or her parenting time, while major decisions are assigned to one parent or divided by category. This reduces ongoing conflict and repeated disputes.

### When Courts Consider Parallel Parenting

Parallel parenting is particularly appropriate when parents have:

- A history of repeated litigation
- Difficulty communicating without hostility
- Protective orders or a domestic violence history
- Ongoing accusations and conflict at exchanges
- Significant differences in parenting styles that fuel arguments

Illinois courts apply a “best interest of the child” standard under 750 ILCS 5/602.7. When intense conflict disrupts a child’s stability, reducing parental contact with each other can support that standard. Courts may also restrict communication or require structured exchanges under [750 ILCS 5/603.10](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K603.10.htm) when necessary to protect the child’s physical or emotional well-being.

### Benefits And Limits Of Parallel Parenting

Parallel parenting provides distinct advantages for contentious families. Children witness fewer parental disputes. Transitions become smoother. Parents achieve predictability and transparency, and disagreements diminish. Each household preserves autonomy, free from ongoing supervision by the other parent.

This approach is not perfect. It requires strict adherence to written plans. Flexibility is limited. It also assumes both parents can follow court orders. When one parent refuses to comply, enforcement through the court system may become necessary. Under [750 ILCS 5/607.6](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K607.6.htm), courts may require parenting coordinators or structured communication tools in appropriate cases.

Parallel parenting is not about victory or defeat. It protects children from adult conflict while fostering meaningful relationships with both parents. We help clients develop strategies that ease stress, uphold parental rights, and prioritize the child’s well-being.

## Illinois Parenting Plan Frequently Asked Questions

### What Is The Difference Between Parallel Parenting And Co-Parenting?

Parallel parenting limits direct communication between parents and creates very detailed written rules. Traditional co-parenting assumes parents can communicate often, make joint decisions, and cooperate. In high-conflict relationships, frequent communication leads to arguments. Parallel parenting reduces interaction while allowing both parents to maintain meaningful time with the child. Courts in Illinois can approve either approach depending on the child’s best interest.

### When Do Illinois Courts Consider Parallel Parenting Plans?

Courts consider these plans when parents show ongoing conflict that harms the child or makes normal communication impossible. Signs include repeated court battles, exchanges that involve arguments, or communication that frequently becomes hostile. Judges evaluate whether limiting interaction between parents will reduce stress for the child. The legal standard remains the best interest of the child.

### Does Parallel Parenting Change Legal Custody Or Decision-Making Authority?

Decision-making is addressed in every parenting plan. Under Illinois law, courts allocate decision-making responsibilities for major issues such as education and health care. In a parallel parenting structure, one parent may receive authority for some or all major decisions, or responsibilities may be divided by topic. Day-to-day decisions usually belong to the parent who has the child at the time. The exact structure depends on the court’s order and the written parenting plan.

### Can Parallel Parenting Be Used When Domestic Violence Has Occurred?

Yes, courts may consider this structure in cases involving domestic violence because it reduces contact between parents. Orders of protection and safety concerns are taken seriously. Parenting plans may require exchanges in safe locations, third-party involvement, or supervised communication. The priority in such cases is the safety and emotional health of the child and the abused parent.

### Can A Parallel Parenting Plan Be Changed Later?

Yes. Parenting plans can be modified if there is a substantial change in circumstances and the modification serves the child’s best interest. Some families begin with parallel parenting when conflict is intense and later transition to more cooperative co-parenting after trust and communication improve. Others remain in parallel parenting long-term because it works well for the child.

### How Detailed Should A Parallel Parenting Plan Be?

These plans work best when every major issue is addressed in writing. Good plans describe holiday schedules, transportation, decision-making, exchange locations, communication rules, and access to school or medical information. Clear rules reduce arguments and reduce the need to return to court. We focus on drafting strong plans that anticipate future conflict points and resolve them at the outset.

### Will Children Still Have Strong Relationships With Both Parents?

Yes. Parallel parenting is designed to protect those relationships. The goal is not to separate a parent from a child, but to separate parents from constant conflict. Children benefit when adults reduce tension and maintain steady routines in each home.

## Call Gordon & Perlut LLC To Discuss Parallel Parenting Options

High conflict parenting requires structure, strength, and careful legal planning. We help clients pursue parenting plans that protect children, reduce unnecessary conflict, and preserve parental rights.

Call Gordon & Perlut, LLC for a free phone consultation. Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are ready to discuss whether parallel parenting is appropriate in a specific case.

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**Categories:** Child Custody

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### [What Are The Benefits Of Being Primary Custodial Parent?](https://familylawadvocate.com/what-are-the-benefits-of-being-primary-custodial-parent/)

**Published:** February 16, 2026
**Author:** familylawadvocate

**Content:**

## The Benefits of Being the Primary Custodial Parent in Chicago, Illinois

When parents separate or divorce, one of the most significant issues to resolve is how parenting time and responsibilities will be shared. In Illinois, family law uses the terms “allocation of parental responsibilities” and “parenting time” instead of traditional custody language, but the concept remains similar: the parent with whom a child spends the majority of their time is often referred to as the primary custodial parent.

Being the[ primary custodial parent](https://www.law.cornell.edu/wex/custodial_parent) carries important legal, emotional, and practical implications. This detailed guide explores the benefits of being the primary custodial parent, with a focus on how these advantages apply to families in Chicago and surrounding communities in Cook County, Lake County, DuPage County, and beyond. It also explains parental responsibilities under Illinois law and offers guidance for families navigating child-related legal decisions.

## What Does “Primary Custodial Parent” Mean in Illinois?

Under Illinois law, the concept closest to a primary custodial parent is the parent with the majority of parenting time and, often, primary physical residence for the child. Family courts determine parenting time and allocation of parental responsibilities based on the child’s best interests.

While Illinois statutes no longer use the term “custody,” a parent who has more parenting time typically assumes the role of the primary caregiver and decision-maker in daily matters regarding the child’s upbringing. This includes responsibilities like ensuring stability in living arrangements, school attendance, and routine activities.

### 1. More Time with Your Child

One of the most immediate benefits of being the primary custodial parent is the opportunity to spend more time with your child. The more consistent presence you have in your child’s life, the better positioned you are to influence their development, support their emotional needs, and participate in daily routines like meals, homework, and extracurricular activities.

This daily interaction fosters deeper emotional bonds and allows you to be actively involved in the child’s formative experiences, from school events and family traditions to guiding moral and social development.

### 2. Greater Stability and Consistency

Children thrive on routine, predictability, and stability. A primary custodial arrangement provides a stable home base where children sleep, eat, study, and develop long-term friendships without needing to switch between households frequently.

In a city like Chicago where school districts, after-school programs, and community activities create structured schedules, maintaining one primary residence reduces disruptions and helps children flourish in familiar environments. Stability in routine is often associated with improved academic performance and emotional resilience.

### 3. Decision-Making Authority

While Illinois uses the term “parental responsibilities,” the primary custodial parent often plays a key role in day-to-day decision-making. This includes regular choices about healthcare, schooling, extracurricular activities, and daily routines.

Even in cases of joint decision-making authority, the primary custodial parent’s input on practical matters typically holds significant influence because of their direct involvement in the child’s everyday life. Having this influence ensures continuity in care and supports the child’s best interests.

### 4. Financial Benefits and Child Support

In most situations, the parent with primary parenting time receives child support from the non-custodial parent. Child support in Illinois is calculated based on an income-share model, taking both parents’ earnings into account along with the amount of parenting time each parent has.

These funds are intended to ensure that the child’s basic needs — including housing, food, clothing, education, and healthcare — are met in the primary residence. For many custodial parents, child support provides a measure of financial stability, particularly when combined with responsible financial planning.

### 5. Tax Considerations

Primary custodial parents often can claim their child as a dependent for federal tax purposes under Internal Revenue Service (IRS) rules. This designation may provide access to tax benefits such as the Child Tax Credit, Earned Income Tax Credit, and filing status options like “head of household,” which can result in lower tax liabilities.

In situations where parents have joint parenting time but wish to allocate certain tax claims to a non-custodial parent, specific IRS forms (such as Form 8332) can be used to transfer eligibility for certain credits. However, many tax benefits remain with the custodial parent if the child lives with them for the greater number of nights in a tax year.

### 6. Establishing a Predictable Home Life

Living primarily in one household allows children to build routines around school, social activities, sleep schedules, and personal time. This predictability helps reduce stress and anxiety, particularly during transitional periods after a divorce or separation.

In the Chicago area, predictable routines may include attending a neighborhood school, participating in local sports leagues such as Little League or soccer, and spending time with extended family members in nearby communities — routines that contribute to a child’s overall well-being.

### 7. Enhanced Parent-Child Relationship

Regular interaction with your child allows you to nurture deeper emotional connections. Being a central figure in daily care enhances your ability to respond quickly to emotional or developmental needs. It also fosters trust and open communication, laying the groundwork for a healthy long-term relationship.

Children often feel more secure when they know they have a primary adult who is consistently present, supportive, and attuned to their needs.

### 8. Facilitation of Effective Co-Parenting

While primary custody designates the main residential parent, it does not eliminate the non-custodial parent’s rights or involvement. A successful custody arrangement includes cooperative communication and respect between parents, focusing on the child’s best interests.

In many cases, primary custodial parents help facilitate healthy relationships between children and the non-custodial parent, scheduling visits, sharing information on school and healthcare matters, and coordinating holiday or vacation schedules. This cooperative approach strengthens family bonds and promotes consistency across households.

## Frequently Asked Questions About Illinois Child Custody

### How Does Illinois Determine Primary Parenting Time?

Illinois courts determine parenting time and parental responsibilities based on the “best interests of the child.” Factors include the child’s age, health, emotional ties to each parent, school and community stability, and each parent’s ability to provide care.

### Is Primary Custody the Same as Sole Custody?

Not necessarily. Primary custody refers to where the child lives most of the time and who has primary physical responsibility. Sole custody — more an outdated term in Illinois — historically meant exclusive decision-making authority. In modern practice, parents can share decision-making responsibilities while one parent has majority parenting time.

### Can Parenting Time Schedules Change Later?

Yes. Changes in circumstances — such as relocation, employment changes, or the child’s evolving needs — can justify a modification of parenting time arrangements through the court. Courts will again evaluate changes based on the child’s best interests.

### Does Being the Primary Custodial Parent Mean I Will Always Get Child Support?

Often, yes. However, child support is calculated based on both parents’ incomes and the amount of parenting time. If the non-custodial parent has significant overnights or shared expenses, calculations can vary.

## Talk to Chicago Child Custody Lawyers Today

Every family’s situation is unique, and the allocation of parenting time carries long-lasting implications for parents and children alike. If you are navigating divorce, separation, or a parenting time dispute in Chicago, Naperville, Evanston, Oak Park, or other communities across Cook, Lake, or DuPage County, consulting an experienced family law attorney is essential.

A knowledgeable attorney can help you understand your rights under Illinois parental responsibility laws, build a strong case for your parenting time arrangement, and protect your child’s best interests throughout the legal process.

Child custody affects the well-being of your children and how happy they are as they grow up. However, both parents usually want primary custody. Therefore, you should be ready for child custody issues to be a central issue in your divorce. Qualified legal help is available. The Chicago child custody lawyers at Gordon Perlut, LLC, can help.

Our attorneys have an excellent success record and will fight relentlessly to ensure you remain a part of your children’s lives. We serve the communities of Chicago, Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Rolling Meadows, and Wilmette. [Contact our Chicago child custody attorneys](https://familylawadvocate.com/contact-us/) at (312) 360-0250.

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**Tags:** Child Custody

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### [Temporary Maintenance During Divorce Proceedings In Illinois](https://familylawadvocate.com/temporary-maintenance-during-divorce-proceedings-in-illinois/)

**Published:** February 16, 2026
**Author:** familylawadvocate

**Content:**

Temporary maintenance can be critical during a pending divorce. Income often shifts when spouses separate, yet bills keep arriving. We regularly speak with clients who worry about housing, insurance, daily expenses, and maintaining stability while a case moves through court. Temporary maintenance exists to provide financial support during this period, so one spouse is not left without resources while final issues are still unresolved. Understanding how courts decide these requests can help set expectations and reduce stress during the process.

In Illinois, temporary maintenance is governed by the Illinois Marriage and Dissolution of Marriage Act. Courts have authority under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) to order temporary relief, which may include temporary maintenance. The goal is fairness during the divorce, not punishment and not a final decision about long-term support. Judges evaluate the financial needs, income, and available resources of both spouses. We focus on presenting accurate financial information and a clear picture of the standard of living during the marriage so the court has the full story.

## How Courts Decide Whether To Award Temporary Maintenance

Temporary maintenance decisions are based on financial realities at the time of the hearing. Courts commonly consider:

- Current income of both spouses
- Necessary living expenses
- Access to assets or cash flow
- Health conditions and employment status
- Whether one spouse has been financially dependent

Unlike final maintenance orders, temporary maintenance is designed to stabilize finances while the case is pending. The court may rely on financial affidavits and supporting documentation. We ensure financial disclosures are complete and persuasive, since incomplete information can damage credibility and outcomes.

Illinois law also provides guidelines for calculating maintenance. Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm), courts may use a statutory formula in many cases to determine the amount and duration of maintenance. In temporary situations, judges often look to the same framework unless the facts justify deviation. We argue for fair application of those guidelines and challenge inflated claims or unsupported expense requests from the other side.

### The Relationship Between Temporary Maintenance And Other Divorce Issues

Temporary maintenance interacts with other divorce issues, including child support, parenting time, and property division. Courts consider the combined impact of support orders to avoid creating impossible financial obligations. At the same time, temporary orders do not predetermine the final outcome of maintenance, property division, or custody matters. They simply hold things steady.

In some families, temporary maintenance allows a lower-earning spouse time to reenter the workforce or adjust living arrangements. In others, it prevents financial coercion during litigation. We are prepared to petition for temporary maintenance when needed or oppose inappropriate requests that do not match the financial facts.

### Modification And Duration Of Temporary Maintenance

Temporary maintenance generally lasts until the divorce is finalized or until the court modifies the order. If circumstances change, either party may request modification under [750 ILCS 5/510](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k510.htm), such as job loss, serious illness, or significant income changes. Courts require proof of a substantial change, so careful documentation matters. We prepare and argue these motions when shifting circumstances justify relief.

Temporary maintenance ends when the case concludes, at which point the court will either enter a final maintenance order or deny ongoing maintenance based on evidence presented at trial or settlement. We plan ahead so the transition from temporary orders to final resolution is strategic and intentional.

## Temporary Maintenance In Illinois Frequently Asked Questions

### What Is Temporary Maintenance In Illinois?

Temporary maintenance is court-ordered financial support paid by one spouse to the other during the divorce process. It is intended to provide short-term stability while the case is pending. The court considers income, expenses, and financial need to decide whether support should be paid. It is not the same as permanent or long-term maintenance.

### How Long Does Temporary Maintenance Last?

Temporary maintenance usually lasts until the divorce is finalized or until the court modifies the order. It is not designed to be permanent. When the court enters a final judgment, it will decide whether maintenance should continue, change, or terminate based on the evidence presented at that time.

### Is Temporary Maintenance Automatic?

No. A spouse must formally request temporary maintenance from the court. Supporting financial documents are required. Courts do not automatically award it simply because a divorce has been filed. We prepare motions, affidavits, and financial statements to support or oppose requests depending on the client’s goals.

### How Is The Amount Of Temporary Maintenance Calculated?

Courts may rely on statutory guidelines under 750 ILCS 5/504 that use both spouses’ incomes to calculate maintenance. Judges can deviate from the guideline when fairness requires a different result. Evidence regarding actual expenses, tax consequences, and income sources can significantly impact the amount awarded.

### Can Temporary Maintenance Be Changed Once Ordered?

Yes. If a substantial change in circumstances occurs, such as loss of employment or serious changes in income, either spouse can request a modification. The court requires documentation and a credible explanation. We present detailed evidence to support modification requests or to oppose changes that are not justified.

### Does Temporary Maintenance Affect Property Division?

Temporary maintenance does not decide how property or debts will be divided in the final judgment. Property division is handled under separate provisions of Illinois law. However, temporary support can influence short-term cash flow and financial strategy during the case, so it must be approached carefully.

## Call Gordon & Perlut, LLC, For Guidance On Temporary Maintenance

Temporary maintenance can determine whether life remains stable during divorce proceedings. Strong advocacy can make the difference between financial strain and financial stability during this period.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). The firm represents clients throughout all of Illinois and stands ready to protect financial security during divorce proceedings.

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### [How to Collect Child Support When Your Ex Works Under the Table](https://familylawadvocate.com/how-to-collect-child-support-when-your-ex-works-under-the-table/)

**Published:** September 30, 2021
**Author:** familylawadvocate

**Content:**

When parents are divorced or otherwise no longer in a relationship, they still have a legal duty to financially support their children. Unfortunately, as experienced [child support lawyers in Skokie and Chicago](https://familylawadvocate.com/divorce/child-support/), we know some parents refuse to pay. To avoid meeting their obligations, they may opt to work under the table. Find out how we can help you collect child support in this situation.

## Imputing A Child Support Amount When Your Ex Shows No Income

Under the [Illinois child support Statutes](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505), parents are obligated to provide financially for their children. Child support is automatically determined in divorce proceedings or may be initiated as a separate legal action in cases involving unmarried parents – once paternity has been proven.

There are general guidelines the court will follow in determining child support amounts and who is required to pay. Factors the court considers generally include each parent’s income and assets as well as the child’s overall needs. This situation becomes more complex when one of the parents is working under the table. While they may not show any income, the court can impute an amount, based on several factors in the situation:

- Their level of education or skill
- Their former occupation and employment history
- Their past wages and prior amounts of child support they paid
- Any benefits they may be entitled to, which they can use in meeting their financial obligations
- Their current expenses

Based on the above information, the court will determine a set amount of child support. This is the amount owed, regardless of whether they are currently working under the table. If they fail to pay this amount, they can be subject to enforcement actions.

### How Can I Enforce Child Support Payments?

When seeking child support payments from a parent who is working under the table, it is important to get our experienced child support lawyers in Skokie and Chicago on your side. We can take legal action to prove they are working and have income, such as subpoenaing their employer or tax records and gathering other incriminating evidence against them. Once an amount is imputed and a child support order is in place, we can help ensure it is enforced.

Failure to pay child support results in serious penalties. The [Illinois Department of Health Care and Family Services (IHFS)](https://www2.illinois.gov/hfs/ChildSupport/delinquent/Pages/default.aspx) publicly discloses the names and other information about ‘deadbeat parents’ who owe more than $5,000 in past child support payments. Other actions they face include:

- Suspension of driving privileges and professional licenses
- Seizure of assets in bank accounts
- Liens on homes, cars, or other property
- Seizure of unemployment benefits, tax refunds, and lottery winnings

## Frequently Asked Questions About Collecting Child Support From a Spouse Hiding Income in Illinois

Child support in Illinois is calculated based on the income of both parents. Courts use an income-shares model, which means accurate disclosure of income is essential to ensure that child support orders are fair and protect a child’s financial needs. Unfortunately, some parents attempt to hide income to reduce their child support obligation, leaving the custodial parent and children at a financial disadvantage. If you suspect your spouse or co-parent is concealing income, here are answers to the most common questions about how Illinois handles these situations.

### What does “hiding income” mean in a child support case?

Hiding income refers to deliberately failing to report all sources of earnings — such as cash payments, side jobs, freelance work, rental income, or business income — with the intent to make a parent’s income appear lower than it actually is. This can also include transferring assets to others or understating earnings on financial disclosures.

### Can hiding income affect a child support order in Illinois?

Yes. Illinois courts expect full financial disclosure from both parents when calculating child support. When hidden income is uncovered or suspected, the court may take steps to correct support orders and address the misconduct.

### What actions can a court take if a parent is hiding income?

Courts in Illinois have several tools to address hidden income:

- **Imputing income:** If a parent’s reported income is unreasonably low compared to their earning potential, the court can assign (impute) income based on factors such as employment history, education, and job skills. This ensures child support reflects what the parent should earn, not just what they report.
- **Adjusting support orders:** When hidden income is discovered, courts can modify existing child support orders to reflect the true financial picture.
- **Sanctions:** A parent who fails to disclose income may face penalties such as attorney’s fees, fines, or contempt of court. In extreme cases, civil or criminal consequences — including fraud charges — may apply.

### How does a judge determine imputed income?

Courts consider several factors when deciding whether to impute income, such as the parent’s employment history, education level, skills, and earning opportunities. If a parent voluntarily reduces their income to lower their support obligation — for example, by taking a lower-paying job without good reason — the court may impute income at a level consistent with their earning capacity.

### What evidence is needed to prove hidden income?

Proving concealed income often requires financial records such as tax returns, bank statements, pay stubs, business ledgers, and documentation of side work or cash payments. Attorneys experienced in child support disputes may also use discovery tools or forensic accounting to uncover undisclosed earnings.

### What should I do if I suspect my co-parent is hiding income?

Gather as much financial information as you can and speak with an Illinois family law or child support attorney. Legal professionals understand how to investigate discrepancies and can help you file a motion to modify child support or request income imputation.

## Our Child Support Lawyers in Skokie and Chicago Act As A Strong Legal Advocate On Your Side

At Gordon & Perlut, LLC., we know how important child support is in providing for your child. If you are concerned that your co-parent is hiding income to avoid paying the full amount of child support, consulting a qualified attorney early can improve your chances of uncovering income discrepancies and securing the financial support your children need.

Let our legal experts help you navigate the complexities of Illinois child support enforcement and ensure a fair outcome. You can count on our child support lawyers in Skokie and Chicago to act as strong legal advocates on your side, taking the actions needed to ensure the amounts ordered are paid. To request a consultation, call  (312) 360-0250 or [contact our office today](https://familylawadvocate.com/contact-us/).

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**Categories:** Child Support

**Tags:** child support, Divorce

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### [Mistakes That Can Hurt Your Illinois Divorce Settlement](https://familylawadvocate.com/mistakes-that-can-hurt-your-illinois-divorce-settlement/)

**Published:** February 2, 2026
**Author:** familylawadvocate

**Content:**

Divorce is not only a legal process but also an emotional transition that can affect finances, family structure, and long-term stability. The decisions made during a divorce will often shape future financial health and parental rights. We regularly see people make avoidable mistakes because stress and uncertainty lead to quick choices. Slowing down and understanding how Illinois divorce law treats property, support, and parenting issues can prevent costly outcomes. Our goal is to protect rights, preserve assets, and position clients to move forward with clarity and strength.

## Hiding Or Failing To Disclose Assets Creates Serious Legal Problems

Illinois law requires full financial disclosure from both spouses. Under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) and [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), courts divide marital property equitably, not necessarily fifty-fifty, but in a way the court finds fair. If a spouse hides bank accounts, cryptocurrency, bonuses, business interests, or cash, the court can impose penalties and reopen settlements. We caution clients that concealment often backfires and damages credibility in every aspect of the case. Full disclosure allows strategic negotiation and prevents harsh court sanctions.

## Letting Emotions Drive Decisions Can Harm Long-Term Interests

Anger, resentment, and fear can lead to settlements that do not protect future needs. Some people give up retirement accounts or the marital home just to end the process. Others insist on fighting every issue, driving up fees without improving the outcome. We encourage clients to think in terms of five and ten years ahead rather than only how today feels. Illinois divorce law considers future financial circumstances under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm) when addressing maintenance, so decisions should be grounded in long-term planning rather than emotion.

## Ignoring Tax Consequences Can Reduce Real Settlement Value

Property transfers, retirement division, and support all carry potential tax effects. For example, dividing retirement accounts often requires a Qualified Domestic Relations Order to avoid tax and penalty consequences. Maintenance awards are no longer deductible or taxable under federal tax law. Failing to account for taxes can turn what appears to be a fair settlement into an unequal one. We work to ensure that every proposal is measured in after-tax value, not just gross numbers.

## Overlooking Retirement Accounts And Pensions Is A Costly Error

Retirement accounts are often the largest marital assets after the home. Under 750 ILCS 5/503, contributions made during the marriage are typically considered marital property even if the account is only in one spouse’s name. People sometimes focus only on current cash assets and ignore long-term benefits such as pensions, 401(k)s, or military retirement. We insist on full valuation and division procedures so future income streams are not left behind or waived by mistake.

## Failing To Protect Parental Rights During Divorce

Parenting issues must be handled with focus and care. Illinois law uses the term “allocation of parental responsibilities” rather than “custody” under [750 ILCS 5/600](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K600.htm). Written parenting plans address decision-making, parenting time, communication, and dispute resolution. Agreeing casually to informal arrangements or moving out without a plan can weaken later arguments in court. We work to protect ongoing relationships with children while also addressing safety in cases involving domestic violence or abuse allegations.

## Using Social Media Carelessly Can Damage A Case

Social media posts, texts, and emails often appear as evidence in divorce litigation. Photos or comments about spending, dating, or parenting conduct can undermine claims about need, ability to pay, or fitness as a parent. We advise clients that anything posted online may one day be read aloud in court. Silence and restraint online often protect rights far more than any post ever could.

## Illinois Divorce Frequently Asked Questions

### What Mistakes Most Often Harm Illinois Divorce Settlements

Common mistakes include hiding assets, signing settlement agreements too quickly, refusing to compromise, and ignoring long-term financial effects. People also harm their cases by posting negative social media content, violating temporary court orders, or moving money without proper documentation. These actions can undermine credibility and lead to legal consequences that affect property division and parenting outcomes.

### How Does Illinois Divide Property During Divorce?

Illinois follows equitable distribution under 750 ILCS 5/503, which means courts divide marital property fairly, not automatically equally. The court considers each spouse’s contributions, length of marriage, economic circumstances, dissipation claims, and future earning capacity. Property owned before marriage or acquired by gift or inheritance may be considered non-marital, but tracing is often required. Accurate classification and valuation are critical to a fair settlement.

### Can Hiding Assets Affect The Final Divorce Judgment?

Yes. Courts in Illinois can sanction a spouse who intentionally hides assets. Judges can award a larger share of property to the other spouse or reopen prior orders once hidden property is discovered. Hiding assets can also damage credibility in maintenance, parenting, and fee disputes. Full disclosure is legally required and strategically beneficial because it prevents severe penalties.

### How Can Parenting Mistakes Impact The Outcome Of A Divorce?

Ignoring court orders, denying parenting time, or bad-mouthing the other parent in front of children can harm a case. Illinois law focuses on the best interests of the child when allocating parenting responsibilities. Courts consider cooperation, stability, and a willingness to foster healthy relationships. Conduct during divorce often influences final parenting plans, so consistent, child-focused behavior matters.

### Is It A Mistake To Move Out Of The Marital Home During Divorce?

Moving out is sometimes necessary for safety or stability, but it can have legal and financial consequences. It may affect temporary possession, living expenses, and perception of parenting involvement. Before leaving, it is important to understand how housing decisions connect with support, debt allocation, and parenting time. Strategic planning prevents unintended consequences.

### Why Is Signing Agreements Too Quickly Risky?

People sometimes sign agreements early to escape stress. Quick settlements may overlook pensions, insurance, tax effects, or hidden debt. Once approved by the court, modifying a property division is very difficult. Taking time to review financial records and understand future needs usually leads to better outcomes. Patience often protects long-term security.

### How Do Tax Issues Affect Illinois Divorce Settlements?

Taxes can change the real value of property and support. Retirement withdrawals can create penalties. Capital gains may apply to certain sales. Maintenance treatment has changed under federal law and may not be taxable or deductible. Considering tax consequences when dividing property helps ensure fairness rather than surprise liabilities later.

## Call Gordon & Perlut, LLC To Protect Your Illinois Divorce Settlement

Smart strategy, careful planning, and decisive advocacy can prevent costly divorce mistakes. Our team works to secure fair results through strong negotiation and courtroom strength when needed.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and stand ready to protect financial interests, parental rights, and the future that follows divorce.

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### [Can My Ex Force Me To Pay For Private School?](https://familylawadvocate.com/can-my-ex-force-me-to-pay-for-private-school/)

**Published:** December 19, 2023
**Author:** familylawadvocate

**Content:**

If you are considering a divorce in Illinois and have children, you may have questions that [child support lawyers in Chicago](https://familylawadvocate.com/divorce/child-support/) can best address. Illinois state law has guidelines to determine what child support payments will be, but the court can decide on a different amount if the situation warrants it. For instance, what happens if the child [goes to a pricey private school](https://familylawadvocate.com/child-support-and-private-school-costs/)? Who will pay? It depends, as you will learn below. If you have additional child support questions, Gordon & Perlut, LLC, attorneys can assist and represent you.

## Each Child’s Educational Needs And Situation Differs

Each child has a unique educational situation and needs. During the divorce, the parents may disagree on the type of education that is best for their child. You may be okay with your son going to public school, but the other parent wants him to go to private school.

The decision on every child custody case in the state is made by determining the child’s best interests. This is true whether the private school is brought up during the divorce or later. Some factors the court may consider when deciding between paying for a child’s private school are:

- The educational history of the child
- If the child has any special needs
- The family history of children going to private school
- How the child performs in school
- Any special aptitudes or abilities the child possesses

The court will also consider whether the child went to a private school before the divorce. If they did, the court may state that the parents previously agreed that a private school was good for the child. The court may want to avoid taking the child out of a private school previously attended; a stable environment for the child is always a key consideration.

Also, the court could consider each party’s ability to pay for private school tuition. If one parent cannot afford tuition, the court might change how expenses are paid. Or, the child could be changed to a public school. Furthermore, the court could also consider which party supports the idea of the child being in private school. If one party wants it and the other wants public school, the court may consider this when deciding who pays how much.

The bottom line: The decision of whether private school tuition should be in child support payments will be made by the court after considering all relevant factors. Your judge has considerable discretion when making this important decision, although your family history on this issue is very important. This is why it is so critical to have fierce, experienced child support attorneys in the Chicago / Skokie area representing you.

## Frequently Asked Questions About Private School Tuition After Divorce in Illinois

Private school tuition can be one of the most contentious financial issues parents face in a divorce. Whether the child is in elementary, middle, high school, or college, questions often arise about who pays, how much, and under what circumstances a parent can be ordered to contribute. Below are clear answers to the most commonly asked questions about private school tuition responsibility in Illinois following a divorce.

### Does Illinois require divorced parents to pay for private school tuition?

Illinois does not automatically require divorced parents to pay for private school tuition for K-12 children as part of standard child support. Ordinary child support obligations generally end when a child turns 18 or graduates from high school (whichever occurs later). However, courts may include provisions for additional educational expenses, including private school tuition, if the divorce decree or parenting plan specifically addresses these costs. These expenses can be divided by agreement of the parties or by court order if there is a dispute.

For post-high-school education (such as college or vocational programs), Illinois law provides a separate framework under [Section 513 of the Illinois Marriage and Dissolution of Marriage Act](http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513) (750 ILCS 5/513). Under this statute, divorced parents can be ordered to contribute to a child’s college tuition, housing, books, and other educational costs — but those orders are distinct from traditional child support and are not automatic.

### When might a court order a parent to pay for private school tuition?

A court may order one or both parents to share private school tuition when:

- The parents have agreed to include such payments in their divorce settlement or parenting plan, or
- One parent files a petition asking the court to include private school costs as part of the overall financial obligations, and the court finds it appropriate based on the family’s circumstances.

Judges will consider the child’s best interests, the financial ability of each parent to contribute, the history of the child’s education (for example, if the child was attending private school prior to the divorce), and whether continuing private education is reasonable given the family’s resources.

### Can a parent refuse to pay private school tuition after divorce if they can’t afford it?

Yes. If a parent genuinely cannot afford to contribute to private school tuition, they can present detailed financial information to the court. Judges evaluate each parent’s financial situation, existing obligations, and ability to pay before ordering any educational contributions. A court may modify or limit an obligation if a parent shows hardship.

### If parents disagree about private school after the divorce, what happens?

If parents cannot agree on whether a child should attend private school or how to split the tuition, either parent can ask the court to resolve the issue. The court then considers financial ability, the educational needs of the child, and whether private schooling aligns with the child’s best interests. If the court determines that public schooling sufficiently meets the child’s needs and private school is not necessary, a judge might decide in favor of the less expensive option.

### How does private school tuition differ from college tuition responsibility in Illinois?

Private school tuition for K-12 students is usually addressed within child support or post-judgment modification, while college and other post-secondary educational expenses are governed by Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Under Section 513, divorced parents may be ordered to contribute to those higher education expenses — including tuition, housing, books, and related costs — up to the cost of attendance at an in-state public university unless the parents agree otherwise. This can continue until the child turns 23 (or 25 in limited circumstances) and is separate from general child support obligations.

### Can educational agreements be included in a divorce settlement?

Absolutely. One of the most effective ways to manage private school tuition after divorce is to include explicit provisions in the divorce settlement or parenting plan. A well-drafted agreement can clarify:

- Whether each parent will share tuition costs,
- What percentage each parent will pay,
- Whether contributions will cover additional costs (transportation, books, uniforms), and
- When obligations begin and end.

Agreements that are incorporated into the divorce decree are legally enforceable.

### What if a parent stops paying as agreed?

If a parent fails to meet agreed-upon obligations for private school tuition, the other parent can file a motion to enforce the terms of the divorce decree or parenting plan. Courts have enforcement tools such as contempt hearings or wage garnishment when a parent disobeys a valid order.

## Contact Our Child Support Lawyers In Chicago

If you are getting divorced and have children, a common issue can be child support and who pays for private school. Depending on the family situation and expectations about the child’s education, it is possible that the court could decide that a spouse should pay for private school in addition to other child support obligations. If you are in this situation, our Skokie child support lawyers at [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/), have the experience and skill to represent your interests effectively. Please call (312) 360-0250 today to discuss your child support matter with one of our attorneys.

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**Tags:** college expenses

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### [Illinois Child Visitation Laws | What You Need to Know](https://familylawadvocate.com/illinois-child-visitation-laws-what-you-need-to-know/)

**Published:** February 17, 2022
**Author:** familylawadvocate

**Content:**

## Child Custody and Visitation Laws in Illinois

When parents in Illinois divorce, they must make decisions regarding their children. In Illinois, parents have rights and responsibilities when it comes to parenting their children. The law allows parents to spend time with their child, even if the child lives primarily with the other parent.

Illinois child visitation laws, now known as parenting time, are in place to help ensure that parents have access to their children after a divorce. It is helpful to seek guidance from an experienced [Chicago child visitation lawyer](https://familylawadvocate.com/divorce/child-custody/) to assist you in resolving issues of your divorce, including support and visitation.

### Non-Custodial Parental Visitation

Both parents have an equal right to spend time with their children unless a court finds that there are extreme circumstances that won’t allow it. In most cases, the children will reside primarily with one parent, the parent with primary physical custody. The non-custodial parent has a right to visitation (“parenting time”) with the children on a regular basis.

The [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086) states that parents who are not designated as the primary residential parent are entitled to reasonable parenting time with the child. A non-custodial parent is presumed to have visitation rights unless otherwise disallowed through the courts.

### Can a Parent Be Denied Visitation?

A parent cannot take it upon themselves to deny visitation that has been ordered to the other parent. The only way to stop visitation is for the custodial parent to file a legal request. In a situation where a parent is not fit to spend time with a child due to abuse or other factors, the parties must have a court hearing.

The judge will evaluate the details of the case to decide whether a parent should not be allowed visitation or should be allowed only supervised visitation. It is important to note that the courts will always act in the best interest of the child. If the child is in physical or other danger, the court may decide that a parent is not allowed to visit with the child.

### Supervised Visitation

In some instances, the court may decide that the child should be allowed to visit with the parent, but only when another person supervises the visit. The court may appoint a particular person as the specified supervisor for visits with the child.

The court order will provide the details of supervised visits and these rules must be followed. If the parent is found to violate the order, they could face severe consequences. Supervised visitation may be part of an order in cases where a parent has problems, such as substance abuse issues. The child must never be put into a dangerous situation.

### How Often Does a Child Visit with the Non-Residential Parent?

Child visitation frequency varies from family to family. Many factors will help to determine how often and how long visits with the child are to take place. In many families, the non-residential parent will have visitation every other weekend, but this is now considered a bare minimum. You need to work out the details of what works for your family.

A parenting plan is a detailed schedule that provides specific information about how, when, and where visitation is to occur. Parents can work together to come to an agreement regarding the parenting plan before it becomes part of the divorce order. Once in place, changes must be made through the court.

## Frequently Asked Questions About Illinois Child Custody and Visitation Law

Child custody and visitation matters in Illinois are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois law no longer uses the term “custody” in the traditional sense and instead focuses on parental responsibilities and parenting time. Below are answers to some of the most frequently asked questions about child custody and visitation law in Illinois.

### What does “parental responsibilities” mean in Illinois?

In Illinois, parental responsibilities refer to a parent’s authority to make major decisions about a child’s upbringing. This includes decisions regarding education, healthcare, religion, and extracurricular activities. The court may allocate parental responsibilities jointly between both parents or solely to one parent, depending on what serves the child’s best interests.

### What is parenting time, and how is it different from visitation?

Parenting time replaces the term visitation in Illinois law. It refers to the time each parent spends physically caring for and interacting with the child. Parenting time can be shared relatively equally or allocated primarily to one parent, depending on the family’s circumstances. The focus is on maintaining a meaningful relationship between the child and both parents whenever possible.

### How do Illinois courts decide child custody and parenting time?

Illinois courts decide parental responsibilities and parenting time based on the best interests of the child. Factors considered include:

- The child’s needs and well-being
- Each parent’s ability to cooperate and make decisions jointly
- The child’s relationship with each parent
- The child’s adjustment to home, school, and community
- Any history of domestic violence or substance abuse

No presumption favors one parent based on gender.

### Can a child choose which parent to live with?

A child does not have the sole authority to decide custody arrangements in Illinois. However, the court may consider the wishes of a mature child, taking into account the child’s age, maturity level, and reasons for their preference. The child’s preference is only one factor among many.

### What happens if a parent violates a parenting time order?

If a parent willfully violates a court-ordered parenting time schedule, the court may impose penalties. These can include makeup parenting time, fines, modification of the parenting plan, or, in serious cases, contempt of court. Courts expect both parents to comply with orders and encourage cooperation.

### Can parenting time or parental responsibilities be modified?

Yes. Parenting time and parental responsibilities can be modified if there is a substantial change in circumstances and the modification is in the child’s best interests. Common reasons for modification include relocation, changes in work schedules, concerns about a child’s safety, or ongoing conflict between parents.

### How does relocation affect child custody in Illinois?

If a parent wishes to relocate with the child, Illinois law requires notice to the other parent and, in many cases, court approval. The court will evaluate factors such as the reason for relocation, the impact on the child’s relationship with the other parent, and whether a revised parenting plan can preserve meaningful contact.

### Do grandparents have visitation rights in Illinois?

Illinois allows limited grandparent visitation under specific circumstances, such as when a parent is deceased, incarcerated, or unreasonably denying visitation. Courts carefully balance parental rights with the child’s best interests when considering these requests.

### Why is legal guidance important in child custody cases?

Child custody disputes can be emotionally charged and legally complex. Having experienced legal guidance helps ensure that parental rights are protected and that custody arrangements comply with Illinois law while prioritizing the child’s best interests.

## Contact Our Chicago Child Visitation Lawyers

Both parents should be able to spend time with their children following a divorce. It is helpful to seek guidance regarding Illinois child visitation laws during the divorce to resolve any issues that could cause disagreements later. To learn more, contact our[ Chicago child custody lawyers ](https://familylawadvocate.com/divorce/child-custody/)at Gordon & Perlut, LLC, at (312) 360-0250 for a free phone consultation.

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**Tags:** Child Custody, visitation

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### [Rebuilding Financial Stability After Divorce In Illinois](https://familylawadvocate.com/rebuilding-financial-stability-after-divorce-in-illinois/)

**Published:** February 3, 2026
**Author:** familylawadvocate

**Content:**

Divorce changes daily life, long-term goals, and financial security. The process can feel overwhelming at first. Income often shifts, assets are divided, and new financial responsibilities appear quickly. We understand that rebuilding stability is not only about legal paperwork but about restoring confidence and control. Illinois law provides a structure for dividing property and setting support obligations, and knowing how those rules work is an important part of moving forward.

Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm) of the Illinois Marriage and Dissolution of Marriage Act, marital property is divided according to principles of “equitable distribution.” This means property is divided fairly, but not always in a strict 50-50 split. Courts look at the length of the marriage, each spouse’s contributions, future earning capacity, and several other statutory factors. We help clients identify marital versus non-marital assets, evaluate retirement accounts, and understand tax impacts so that financial rebuilding starts on solid ground.

## Understanding Property Division And Debt After Divorce

Equitable distribution applies not only to assets, but also to marital debts. Credit cards, mortgages, and personal loans taken during the marriage may be assigned between spouses. Under [750 ILCS 5/503(d)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-503/), judges consider who incurred the debt and for what purpose when allocating it. A key part of post-divorce planning involves reviewing credit reports, closing joint accounts, and ensuring that court orders are followed so one party is not unfairly burdened with debt that was intended to be shared.

Retirement accounts often make up a large part of the marital estate. Illinois law allows division of retirement plans through Qualified Domestic Relations Orders when necessary. We encourage careful review of pension plans, 401(k) accounts, and IRAs because these assets affect long-term stability and future independence.

## Income, Maintenance, And Support Orders

Financial rebuilding is closely tied to support orders. Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm), courts may award spousal maintenance based on statutory guidelines that consider income, needs, impairment of earning capacity, and the standard of living during the marriage. Maintenance orders may be temporary or long-term. Understanding how support is calculated helps with budgeting and planning realistic expectations for the future.

Child support is governed by [750 ILCS 5/505](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k505.htm), which uses an income-sharing model that considers both parents’ incomes and the child’s needs. Support orders can be modified when circumstances change. We work with clients to ensure orders are fair and enforceable and that children’s needs are addressed without creating unnecessary financial hardship.

## Practical Steps Toward Financial Recovery

Rebuilding stability after divorce requires legal awareness and practical action. We often help clients:

- Create new individual bank accounts.
- Update beneficiary designations.
- Review health and life insurance policies.
- Build a post-divorce budget.
- Consult financial planners when appropriate.

Credit rebuilding is another key step. Paying bills on time, reducing balances, and monitoring credit scores can restore borrowing power and peace of mind over time.

Estate planning updates are also essential. After a divorce, wills, powers of attorney, and beneficiary designations should reflect new wishes. Illinois law automatically revokes certain spousal designations upon divorce, but proactive review prevents confusion or litigation later.

## Illinois Divorce Frequently Asked Questions

### What Happens To Marital Property After Divorce In Illinois?

Marital property is divided under equitable distribution principles, meaning the court divides assets fairly rather than automatically equally. Courts look at contributions, length of marriage, income, and future earning potential. Non-marital property, such as gifts or inheritances, usually remains separate. Proper valuation and documentation are important steps in securing a fair outcome.

### How Can Someone Protect Their Credit After A Divorce?

A person can protect credit by closing joint accounts when possible, removing authorized user status, and opening accounts in one’s name only. Monitoring credit reports helps catch missed payments or accounts left open. Compliance with court orders regarding debts is also essential to avoid unexpected collection activity.

**Is Spousal Maintenance Guaranteed In Illinois?**

No. Spousal maintenance is considered under 750 ILCS 5/504 and depends on factors such as income disparity, length of marriage, and the needs of each party. Courts may follow guideline formulas or deviate when justified. Maintenance can be reviewable or fixed in duration. A full financial picture is necessary before a court or negotiating party makes a decision.

**Can Support Orders Change After Divorce?**

Yes. Child support and sometimes maintenance may be modified upon a substantial change in circumstances, such as income changes or health issues. Modification typically requires court approval. Acting promptly when circumstances shift helps avoid arrears and legal complications.

**What Role Do Retirement Accounts Play In Rebuilding After Divorce?**

Retirement assets are often major components of marital estates and may be divided between spouses. Fair division supports long-term security, especially in later life. Reviewing each account’s terms, tax treatment, and survivor benefits is essential when planning for the future after divorce.

**How Soon Should Someone Update Estate Planning Documents After Divorce?**

Estate planning should be updated as soon as the divorce is finalized, and sometimes earlier, with appropriate guidance. Wills, trusts, and beneficiary designations should match new goals and responsibilities. This prevents unintended transfers and protects children or other beneficiaries.

**How Does Divorce Affect Insurance And Beneficiary Designations?**

Health insurance coverage may change, and life insurance beneficiaries often need to be updated. Some divorce judgments require life insurance to secure support obligations. A careful review ensures that protections are in place and align with court orders.

## Call Gordon & Perlut, LLC, For Guidance Before, During And After Divorce

Rebuilding financial stability after divorce takes planning, legal knowledge, and steady guidance. We help clients regain control, protect assets, and move forward with confidence. Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are ready to help take the next step toward a secure financial future.

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### [How Does Illinois Treat Common Law Marriage?](https://familylawadvocate.com/how-does-illinois-treat-common-law-marriage/)

**Published:** July 31, 2023
**Author:** familylawadvocate

**Content:**

Common-law marriages are still legal in some states but not in Illinois. However, there are ways to secure your rights in Illinois if you are in a common-law marriage. Learn more about this subject below, and if you have questions about common-law marriage in Illinois, our [Chicago family law attorneys](https://familylawadvocate.com/family-law/) can assist you.

## Common-Law Marriage Overview

Common-law marriage means a relationship where the state affirms your marriage when you do not have a marriage license or legal union. If the state recognizes your common-law marriage, you have the same rights as a married couple.

However, Illinois does not allow its residents to enter common-law marriages. So, even if you lived with your partner for years in this state and have their last name, Illinois does not recognize your union unless you were legally married. If you and your partner split up, neither may sue for alimony, for example.

But, the state of Illinois does recognize a common-law marriage that was legally entered into in states that recognize them. The Full Faith and Credit Clause stipulates that all states must recognize a common-law marriage if the union was formed in a state that recognizes them. For instance, if you entered a common-law marriage legally in Texas and want an Illinois divorce, the courts will view the matter the same as if you were legally married.

The following places in the US [currently allow common-law marriages](https://www.ncsl.org/human-services/common-law-marriage-by-state):

- Iowa
- Texas
- Colorado
- Kansas
- Oklahoma
- Utah
- Rhode Island
- Montana
- Washington, D.C.

## What Are The Benefits Of Common-Law Marriages?

Why would someone enter a common-law marriage? The union gives you the same marital rights and benefits as traditionally married couples. So in a state that allows and or recognizes a common-law marriage, you have the same benefits as a married couple, but you do not have to go through the regular marriage process.

Some couples want to enter a common-law union because having a traditional wedding is expensive and they may want to avoid dealing with the timelines and expenses.

## Unmarried Couples Rights In Illinois

The Illinois Supreme Court has ruled that unmarried couples do not have the right to one another’s property if they split up. So, it can be beneficial in this state to sign a cohabitation agreement with the help of your attorney. This agreement is similar to a prenuptial agreement and is a written contract between two adults that lets them state how to address assets and finances if the relationship is terminated. However, note that a cohabitation agreement cannot determine child support or parenting time; only an Illinois court can resolve these issues legally.

##  Are You Married After You Lived Together In Illinois for 7 Years?

No. For some reason, many people think a common-law marriage exists if you live together for a certain period, such as seven years. No matter how long you live together in Illinois, common-law marriages are not performed in Illinois. Where common-law marriages are performed, the time you live together usually does not matter. However, if you meet all requirements of a common-law marriage in a state that recognizes them and move to Illinois, the state will recognize it.

## Frequently Asked Questions About Common Law Marriage in Illinois

Questions about common law marriage frequently arise when couples separate, plan their estates, or dispute financial and parental rights. Many people assume that long-term cohabitation automatically creates marital rights, but Illinois law treats common law marriage very differently from some other states. The following frequently asked questions address how common law marriage works in Illinois and what legal options may exist for unmarried couples.

### What Is a Common Law Marriage?

A common law marriage is a legal marriage formed without a marriage license or formal ceremony. In states that recognize it, couples may be considered legally married if they live together for a certain period of time and present themselves to others as spouses. These marriages carry the same legal rights and obligations as ceremonial marriages once established.

### Does Illinois Recognize Common Law Marriage?

No. Illinois does not recognize common law marriage. Under Illinois law, a valid marriage requires a marriage license and solemnization by an authorized officiant. Simply living together, sharing finances, or referring to one another as husband and wife does not create a legal marriage in Illinois, regardless of how long the relationship lasts.

Illinois abolished common law marriage in 1905, and the law has remained unchanged since then.

### Will Illinois Recognize a Common Law Marriage From Another State?

Yes. Illinois will recognize a valid common law marriage legally established in another state, provided the couple met that state’s legal requirements at the time the marriage was formed. This principle is known as *full faith and credit*.

For example, if a couple formed a valid common law marriage in a state that recognizes it—such as Colorado, Iowa, or Texas—and later moved to Illinois, Illinois courts will generally treat them as legally married.

### What Rights Do Unmarried Couples Have in Illinois?

Because common law marriage is not recognized, unmarried couples in Illinois do not have the same legal protections as married spouses. This can affect:

- Property division after separation
- Financial support or alimony
- Inheritance rights
- Health insurance benefits
- Decision-making authority in medical emergencies

Absent a valid marriage, disputes between unmarried partners are typically resolved using contract law, property law, or equitable claims, rather than divorce statutes.

### Can Long-Term Cohabitation Create Any Legal Rights?

While cohabitation alone does not create a marriage, long-term partners may still have enforceable rights in limited circumstances. Courts may recognize:

- Cohabitation agreements (written or oral contracts)
- Joint ownership interests in property
- Unjust enrichment or contribution claims
- Parenting rights and child support obligations for shared children

These cases are highly fact-specific and often require careful legal analysis.

### Do Unmarried Couples Have to Go Through Divorce Court to Separate?

No. Since there is no legal marriage, unmarried couples do not file for divorce in Illinois. Instead, legal issues may be addressed through:

- Partition actions for jointly owned real estate
- Breach of contract claims
- Child custody and child support cases (if children are involved)

Importantly, Illinois courts will not award spousal maintenance to an unmarried partner, regardless of relationship length.

### How Can Couples Protect Themselves Without Marriage?

Unmarried couples who wish to protect their financial and property interests should consider proactive legal planning. Common tools include:

- Cohabitation agreements
- Joint property agreements
- Estate planning documents
- Powers of attorney
- Parenting agreements

These documents can help avoid disputes and provide clarity if the relationship ends or one partner becomes incapacitated.

### When Should You Speak With an Illinois Family Law Attorney?

You should consult a family law attorney if you are separating from a long-term partner, disputing property ownership, or unsure whether a prior out-of-state common law marriage may apply. Legal guidance is especially important when children, shared assets, or significant financial contributions are involved.

## Contact Our Chicago Family Law Attorney Today

Common law marriage does not exist under Illinois law, but misconceptions about it are widespread and often lead to costly legal disputes. Knowing your rights—and limitations—can help you make informed decisions about relationships, property, and family matters.

If you are facing a separation, asset dispute, or legal uncertainty involving an unmarried relationship, speaking with an experienced Illinois family law attorney can help protect your interests and clarify your options.

If you have issues surrounding common-law marriage from another state and need advice in Illinois, you should seek legal advice promptly. Please [contact our Chicago family law attorneys](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, at (312) 360-0250.

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### [How To Avoid Contempt Of Court Charges For Child Support](https://familylawadvocate.com/how-to-avoid-contempt-of-court-charges-for-child-support/)

**Published:** January 2, 2023
**Author:** familylawadvocate

**Content:**

If you are dealing with a child support order in Chicago, Skokie, or anywhere in Cook County, Illinois, understanding how to comply with that order is critically important. Failure to make court-ordered child support payments — even temporarily — can lead to a petition for contempt of court, serious penalties, and long-term financial and legal consequences. Illinois family courts enforce child support obligations strictly under state law (750 ILCS 5/505), and the consequences for non-compliance can include probation, fines, driver’s license suspension, wage garnishment, and even jail time in some cases.

This guide explains how contempt charges arise, what steps you should take to avoid them, and what options are available if you are struggling to meet child support obligations in Cook County’s family courts.

## **What Does Contempt of Court for Child Support Mean in Illinois?**

When a parent with a legal duty to pay child support fails to comply with a court-ordered support obligation, the custodial parent or the State’s Attorney’s Office can file a petition for Rule to Show Cause. This is a formal request for the court to require the non-paying parent to appear and explain why they have not met the support order. If the court finds that the parent willfully failed to comply, they may be held in contempt of court under [750 ILCS 5/505](https://hfs.illinois.gov/content/dam/soi/en/web/hfs/childsupport/documents/102811csac_505.pdf).

Contempt is a legal finding that a party disobeyed a court order. In the context of child support, the court treats each missed payment as evidence that the parent has failed to comply with a legally enforceable court order. Once a Rule to Show Cause is filed, the court will schedule a hearing, and the non-paying parent must respond and demonstrate why they have not paid.

### **Illinois Statutory Framework**

Under 750 ILCS 5/505(b), failure to comply with a child support order is punishable as contempt. A parent found guilty of contempt may:

- Be placed on probation with conditions;
- Be sentenced to periodic imprisonment for up to six months (with possible work or business release for support purposes);
- Be ordered to have part or all earnings during imprisonment paid toward child support.

Periodic imprisonment is intended not to punish, but to coerce compliance — what Illinois law refers to as a “purge” condition, meaning the parent must pay a specified sum to end the contempt finding.

## **Key Risks of Failing to Pay Child Support in Cook County**

If child support payments are not made on time, the following enforcement measures can unfold in the [Circuit Court of Cook County](https://www.cookcountycourtil.gov/):

### **1. Civil Contempt Hearings**

When an obligee (the parent receiving support) files a petition for a Rule to Show Cause, a judge will consider evidence of the obligor’s (paying parent’s) compliance or non-compliance. The court assesses whether missed payments were willful or unavoidable. A finding of civil contempt can lead to sanctions meant to compel payment.

### **2. Wage Garnishment**

The court,  or the[ Illinois Department of Healthcare and Family Services](https://hfs.illinois.gov/) (HFS), can order automatic income withholding from wages, unemployment benefits, tax refunds, and other income sources. Typically, up to 50% of disposable earnings can be garnished for delinquent support.

### **3. License Suspensions**

Cook County courts can order suspension of:

- **Driver’s licenses
- **Professional licenses
- **Recreational licenses

These suspensions remain in effect until payments are brought current.

### **4. Property Liens**

The court may place liens on real estate, vehicles, or other valuable assets owned by the delinquent parent, ensuring the arrears must be paid before the asset can be sold or refinanced.

### **5. Interest and Arrearage Growth**

[Illinois law imposes interest on unpaid child support](https://hfs.illinois.gov/childsupport/interestpolicy.html) at 9% annually, calculated separately on each missed payment, causing arrears to grow quickly.

### **6. Criminal Charges**

Persistent, intentional refusal to pay child support can result in criminal prosecution for willful non-support, which may carry misdemeanor or felony charges if the amount past due is substantial and the parent has the ability to pay.

## **How to Avoid Contempt Charges in Chicago and Skokie**

### **1. Pay What You Can and Document It**

Even partial payments demonstrate effort to comply. If you owe $1,000 but pay $400, the court may view that as an attempt to comply, particularly when accompanied by documented financial records showing a sincere effort.

### **2. Petition for Modification If Circumstances Change**

If you lose your job, your income decreases, or your financial obligations change, you must file a motion to modify your child support order promptly. Illinois courts can adjust future child support based on financial change, but modification does not retroactively forgive past due amounts.

### **3. Respond to a Petition for Rule to Show Cause**

If you are served with a petition for Rule to Show Cause in Cook County Domestic Relations Court, attend the hearing with evidence of your financial situation, employment search efforts, and ability or inability to pay. Ignoring the hearing can lead to a default finding of contempt.

### **4. Seek Legal Assistance Early**

Contempt proceedings can proceed quickly, and judges have broad discretion. A lawyer familiar with Illinois family law and Cook County Court can help argue that missed payments were not willful, submit supporting documentation, and assist with a modification request.

### **5. Maintain Accurate Records**

Document job search efforts, tax returns, bank statements, communication with HFS, and any correspondence regarding support payments. Courts consider this evidence when evaluating whether non-payment was willful or due to mitigating circumstances.

## **Frequently Asked Questions on Illinois Child Support**

### **What triggers contempt of court for child support in Illinois?**

Failure to comply with a court-ordered child support payment can trigger a petition for Rule to Show Cause in Cook County, and the court may find contempt if the parent willfully ignored the support order.

### **What is the difference between civil and criminal contempt?**

**Civil contempt** is intended to compel compliance with a support order — meaning compliance ends the contempt finding. Criminal contempt is punitive, designed to punish disrespect for the court’s authority. In family law, contempt for child support is usually civil unless extraordinary circumstances exist.

### **Can I go to jail for non-payment of child support?**

Yes. Under 750 ILCS 5/505, a contempt finding can lead to periodic imprisonment for up to six months unless you purge the contempt by making ordered payments.

### **What if I lost my job?**

Job loss or reduced income is not an automatic excuse. You must petition the court to modify your support obligation. Failure to take this step can result in contempt, even if you are unemployed.

### **Will my driver’s license be suspended for non-payment?**

Yes. Illinois law permits suspension of driver’s licenses and other professional licenses for delinquent support until your payment obligations are met.

### **Can arrears ever be forgiven?**

Generally, child support arrears are not forgiven — they continue to accumulate with interest until they are paid. Modification only affects future support.

## **Contact Our Chicago Child Support Lawyers For Assistance**

Contempt of court charges for missed child support payments can have serious legal, financial, and personal consequences in Chicago, Skokie, and throughout Cook County. If you are struggling to meet your child support obligations or have been served with a petition for Rule to Show Cause, immediate legal assistance is essential.

[Contact our knowledgeable Chicago & Skokie family law attorneys](https://familylawadvocate.com/contact-us/) today for a confidential consultation. Our lawyers can help you:

- Understand your legal rights and obligations under Illinois law
- Respond effectively to contempt proceedings
- Petition for modification of child support orders
- Present evidence of financial hardship or mitigating circumstances
- Advocate for the best possible outcome in Cook County family court

**Call (312) 360-0250 now or[ complete our online form to schedule your consultation](https://familylawadvocate.com/contact-us/) — protect your rights and your future.**

If you are divorcing and have children, child support and child custody issues are often contentious. When you are fighting with your ex over child support payments, you need an excellent attorney to protect your rights.

Our Chicago child support lawyers are here to help. Our attorneys can handle your child support issue in Chicago, Skokie, Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette.

Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for help with your family law matters.

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**Tags:** child support

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### [How COVID-Era Divorce Filings Changed Family Dynamics In Illinois](https://familylawadvocate.com/how-covid-era-divorce-filings-changed-family-dynamics-in-illinois/)

**Published:** January 20, 2026
**Author:** familylawadvocate

**Content:**

The COVID-19 pandemic permanently shifted how many families across Illinois view their relationships, parenting roles, and financial responsibilities. As divorce attorneys serving clients throughout the state, we witnessed a sharp rise in divorce filings during and after the pandemic. Couples who had once functioned smoothly found their relationships tested by job losses, health concerns, e-learning, and the pressures of constant togetherness during lockdown. Those stressors changed not just the volume of divorce cases, but also the nature of the disputes involved.

More cases involved child custody disagreements, emergency parenting time issues, and disputes over virtual schooling or relocation. The pandemic didn’t just increase conflict—it revealed long-standing communication breakdowns and financial instability. These changes have reshaped how Illinois courts and attorneys approach divorce in a post-pandemic world.

## How Illinois Divorce Law Applies To COVID-Era Family Issues

Under Illinois law, the divorce process is governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=8675000&SeqEnd=12200000)). During the pandemic, many families filed for divorce citing irreconcilable differences, which remains the sole ground for divorce in Illinois since the state eliminated fault-based divorce.

One of the biggest shifts involved parenting time and decision-making responsibilities. Courts focused more than ever on the “best interests of the child” standard under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm). Judges had to weigh health risks, remote learning capabilities, and whether parents could co-parent effectively under constantly changing conditions.

Financial stress was also a major issue. Many spouses sought modifications to child support and maintenance obligations under [750 ILCS 5/510](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k510.htm), arguing that job losses or reduced hours impacted their ability to meet court-ordered payments. Courts responded by analyzing whether a job loss was temporary, voluntary, or permanent in determining whether to grant relief.

These legal principles remain in place, but the way courts interpret them is evolving. Family dynamics have changed, and courts now take into account pandemic-related hardships when hearing cases involving parenting and financial disputes.

## New Patterns In Post-Pandemic Divorce Filings

We’ve noticed several consistent trends among clients seeking divorce in the years following the initial COVID lockdowns:

- **Increased Focus On Mental Health** – Many clients cited isolation, depression, and emotional distance as contributing factors to the breakdown of their marriage. Some parents also raised concerns about the other parent’s emotional health impacting their children.
- **Disputes Over Virtual Learning And Healthcare Decisions** – Parents increasingly disagreed about whether to vaccinate children, send them back to school, or enroll them in virtual learning. These disagreements directly affected the allocation of parental responsibilities.
- **Accelerated Filings By Stay-At-Home Parents** – The pandemic created an environment where stay-at-home spouses—mostly women—began rethinking their future and independence. With court services moving online, more people found the process accessible.
- **Remote Hearings and Filing Options** – Virtual court appearances, remote mediation, and electronic filing options allowed families in all parts of Illinois to seek divorce without needing to travel to the courthouse. This increased participation in family law matters and allowed faster resolutions in some cases.

These changes reflect a permanent shift in how people approach family law in Illinois. Divorce is no longer seen as a failure, but as a tool for reestablishing stability when the relationship no longer functions.

## What Parents Should Consider In A Post-COVID Divorce

If you are considering divorce in Illinois and have children, it is important to understand that courts now expect both parents to support education, emotional well-being, and healthcare choices in ways that align with current realities. Courts are cautious about parents who attempt to use health concerns or remote schooling preferences to restrict the other parent’s access.

Under [750 ILCS 5/602.5](https://ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), courts allocate decision-making authority based on demonstrated cooperation and each parent’s ability to make thoughtful, child-focused decisions. If one parent uses the pandemic to limit the other’s role without justification, it may backfire in court.

We encourage families to document any agreements, keep records of their children’s education, and focus on shared parenting rather than conflict. Illinois law focuses on creating parenting plans that promote stability, predictability, and equal access for both parents.

## Illinois Divorce And COVID-Era Legal Concern FAQs

### What If My Spouse Lost Their Job During The Pandemic And Stopped Paying Child Support?

Under 750 ILCS 5/510, a person can ask the court to modify their support obligations due to a substantial change in circumstances, such as a job loss. However, the court will consider whether the loss was voluntary or temporary. If your ex stopped paying without the court’s permission, they may still owe the full amount unless a judge modifies the order.

### Can I Request Sole Decision-Making If My Spouse Disagrees With Me About Health And Schooling?

You can request allocation of sole decision-making responsibilities under 750 ILCS 5/602.5 if you can prove that joint decision-making is not in the best interest of the child. Courts may consider whether the other parent consistently makes informed and child-focused decisions.

### Are Remote Divorce Hearings Still Allowed In Illinois?

Yes. Many counties in Illinois continue to allow remote hearings and case management conferences via Zoom. This has made the process more accessible and reduced court delays. However, some counties may require in-person appearances for final hearings or contested matters.

### How Did COVID Impact Parenting Time Schedules?

We saw an increase in emergency motions where parents tried to suspend parenting time due to exposure concerns or travel restrictions. Courts now expect parents to be flexible, cooperative, and child-focused when it comes to pandemic-related changes in parenting schedules.

### Can I Still File For Divorce If I Cannot Afford An Attorney?

Yes. Illinois courts provide self-help resources, and court clerks can help with forms. However, family law cases are complex. Even if you start the process on your own, you may want legal advice before signing any parenting agreement or financial settlement.

### Can I Modify A Parenting Plan From A COVID Divorce?

Yes. Parenting plans are not permanent. Under 750 ILCS 5/610.5, a parent can request modification after two years or earlier if there is a significant change in circumstances. The pandemic’s long-term impact on school, health, or family structure may qualify.

### Will My Divorce Be Finalized Faster Because Of Virtual Filing?

Possibly. Some uncontested divorces are moving more quickly due to online filing and remote status hearings. However, contested matters still take time, especially when child custody, support, or high-value assets are involved.

## Call Gordon & Perlut, LLC, For Your Free Consultation

At Gordon & Perlut, LLC, we help clients across Illinois deal with the real-life impact of divorce in a post-COVID world. Whether your concerns involve parenting time, school-related disagreements, or financial hardship caused by job loss, we are here to support your legal needs with experience and care.

We offer a free phone consultation to help you understand your rights and what steps make sense for your family.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients across the entire state of Illinois.

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### [How Long Do You Have To Live In Illinois Before Filing For Divorce?](https://familylawadvocate.com/how-long-do-you-have-to-live-in-illinois-before-filing-for-divorce/)

**Published:** January 12, 2026
**Author:** familylawadvocate

**Content:**

When someone decides to file for divorce in Illinois, there are strict rules that must be followed before a court can legally hear the case. One of the most important requirements is residency. At our firm, we are often asked how long someone must live in Illinois before they can file for divorce here. This question comes up frequently for people who recently moved into the state, have spouses living in another state, or are looking to relocate soon. It’s a critical issue because even if both spouses agree to divorce, the court must first have jurisdiction. If the residency requirement isn’t met, the petition will be dismissed. That wastes time, money, and causes unnecessary emotional stress.

Under Illinois law, the residency rule is clear. [750 ILCS 5/401(a)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm) of the Illinois Marriage and Dissolution of Marriage Act requires that either spouse must reside in Illinois for at least 90 days before a divorce can be finalized. This does not mean both spouses must live in the state, and it doesn’t mean the case can’t be filed sooner. The requirement is that one of the spouses must have been a resident of Illinois for at least 90 days by the time the final judgment is entered, not necessarily when the case is filed. However, most judges want to see the residency requirement met before filing, just to avoid delays or questions later.

## What Counts As Residency In Illinois For Divorce?

Residency does not require any official paperwork. There is no need to own a home or have a driver’s license in Illinois to be considered a resident for divorce purposes. Courts look at where someone is physically living and whether they intend to stay. This can include renting an apartment, living with family, or even staying in temporary housing. What matters is that the person has been in Illinois with the intent to make it their home.

Residency is typically proven with evidence such as:

- Lease agreements
- Utility bills
- Mail sent to an Illinois address
- Testimony about intent to remain in Illinois

As long as one spouse has established this kind of presence for [at least 90 days](https://www.isba.org/public/guide/gettingadivorce), the court will typically find the residency requirement is met.

## Can I File For Divorce If My Spouse Lives In Another State?

Yes. Only one spouse needs to meet the residency requirement for the court to have jurisdiction to grant a divorce. However, if there are issues involving children, property, or financial support, it can become more complicated. Illinois courts need personal jurisdiction over the other spouse to make rulings on child custody, support, or dividing out-of-state property.

In most uncontested divorce cases, where the other spouse does not challenge jurisdiction or file an appearance, the court can proceed without issue. But if the out-of-state spouse objects or is not properly served, those parts of the divorce may be delayed or require additional legal steps.

## Why The Residency Requirement Matters In Contested Cases

In contested divorces,where the spouses disagree over issues like custody, support, or property division, the residency requirement becomes even more important. If the requirement is not met, the opposing party can file a motion to dismiss. This could set the case back months. For this reason, courts are strict about confirming the 90-day minimum.

Also, filing in the right county matters. Under [750 ILCS 5/104](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K104.htm), the divorce should be filed in the county where either party resides. This ensures the court has both subject matter jurisdiction and proper venue.

## Illinois Divorce Residency Requirement FAQs

### How Long Do I Need To Live In Illinois Before Filing For Divorce?

Illinois requires at least one spouse to live in the state for 90 days before the court will grant a divorce. You can file earlier, but the final judgment cannot be entered until the 90-day mark has been met.

### Can I File For Divorce If I Just Moved To Illinois?

You may file, but the court will not issue a final divorce judgment until you or your spouse has met the 90-day residency requirement. If your case is contested, the judge may delay the case until residency is confirmed.

### Do Both Spouses Have To Live In Illinois?

No. Only one spouse needs to meet the residency requirement. The other spouse can live out of state. However, out-of-state residency can impact child custody or financial matters depending on the circumstances.

### How Do I Prove Residency In Court?

Residency is shown through documents such as leases, utility bills, voter registration, or testimony. The court needs to see evidence that you’ve lived in Illinois and intend to remain here.

### Can I Still File For Divorce If My Spouse Lives Elsewhere?

Yes, but if you want the court to make decisions about property division, child custody, or spousal support, the court must have personal jurisdiction over your spouse. That usually requires serving them properly in Illinois or them agreeing to the court’s authority.

### What Happens If The Residency Requirement Isn’t Met?

If neither spouse has lived in Illinois for 90 days, the court will dismiss the case. You’ll have to wait until the requirement is satisfied before refiling.

### Is There A Waiting Period For Divorce In Illinois?

Illinois no longer requires a mandatory separation period for no-fault divorces. If both parties agree, the court can finalize the divorce once the residency and filing requirements are satisfied.

### Which County Should I File In?

Under Illinois law, you can file in the county where either you or your spouse resides. That means you don’t have to live in the same county to start the process.

## Call Gordon & Perlut For A Free Consultation

At Gordon & Perlut, LLC, we help individuals and families across Illinois understand their rights and meet the requirements needed to file for divorce correctly. If you’re unsure whether you’ve lived in the state long enough to file or have other questions about jurisdiction, we can walk you through every step. Timing matters. The sooner you clarify your eligibility, the sooner you can move forward with your case.

We offer free phone consultations to help you get started. Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are ready to assist with your divorce case now.

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### [Can I be Put in Jail for Not Paying Child Support in Illinois?](https://familylawadvocate.com/can-i-be-put-in-jail-for-not-paying-child-support-in-illinois/)

**Published:** January 11, 2022
**Author:** familylawadvocate

**Content:**

**Can I be Put in Jail for Not Paying Child Support in Illinois?**

**By: Gordon & Perlut, LLC**

In cases of divorced or unmarried parents, having a valid [child support order](https://familylawadvocate.com/divorce/child-support/) in place is vitally important. In addition to helping to ensure parents get timely payments and the maximum amount they are entitled to and need to provide for their child, it also gives them legal recourse in the event the other parent fails to pay their share.

Child support enforcement is a serious matter in Illinois. The Chicago and Skokie child support attorneys at Gordon & Perlut, LLC explain how child support is calculated and the penalties you could face for non-payment, which include a potentially lengthy jail sentence.

## Determining Child Support In Illinois

Under the [Illinois Statutes (750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505)), the state goes by an income shares model to determine child support amounts, using the following formula:

- **Net monthly income for each parent is added together.** For example, say one parent makes $500, and the other makes $1,500, which totals $2,000.
- **The percent each parent contributes is determined.** In our example, one parent makes 25 percent of the combined net income, and the other makes 75 percent.
- **Each party’s child support obligation is calculated.** Using this example, the portion allotted to the parent who makes $500 per month would be $108, and the other parent would be $324. This is just an estimate. Other factors are likely to apply.

What if you are unable to find a job or work under the table? Do you still have to pay child support? Yes. The court will impute an amount based on your skills, experience, and prior earnings. If you continue not to pay, you can be held in contempt of court.

### Penalties For Not Paying Child Support In Illinois

Under state laws, parents have a legal duty to provide financially for their children. Can you be put in jail for not paying child support in Illinois? The answer is a resounding yes. It can and does happen on a regular basis. You can be put in jail for contempt of court and may remain there until you pay any outstanding child support amounts owed. You can also be subject to other penalties both through the state and through the [U.S. Department of Health and Human Services (HHS)](https://www.acf.hhs.gov/css/parents/what-happens-if-child-support-isnt-paid). These include:

- Garnishment of wages through your employer
- Seizure of assets in bank accounts
- Liens on the property you own
- Seizure of unemployment or VA benefits
- Seizure of income tax refunds
- Seizure of state lottery winnings or other funds
- Suspension of drivers’ and professional licenses
- Suspension of your U.S. passport

## Frequently Asked Questions About Penalties for Not Paying Child Support in Illinois

### What is the most common penalty for unpaid child support?

The most frequent consequence is civil contempt of court. When a parent fails to follow a court‑ordered support obligation, the court may find them in contempt and order a “purge” payment—an amount the parent must pay to avoid further penalties. Courts must set the purge based on the parent’s ability to pay, not the full amount owed.

If the parent does not pay the purge, the judge may impose:

- Fines
- Additional penalties
- Jail time until the purge is paid

Civil contempt is designed to force compliance, not punish.

### Does Illinois charge interest on unpaid child support?

Yes. Illinois imposes 9% annual interest on any child support that remains unpaid at the end of each month. Each missed monthly payment is treated as a separate judgment, so interest is calculated individually for every delinquent installment.

This means arrears can grow quickly, especially for long‑term nonpayment.

### Can I go to jail for not paying child support?

Yes, but jail is typically a last resort. Jail time usually occurs only after:

- A contempt finding
- A purge amount is set
- The parent fails to pay the purge despite having the ability to do so

Illinois courts generally give parents opportunities to catch up before ordering incarceration.

### Can the state intercept my tax refund?

Yes. Illinois can intercept:

- **Federal tax refunds**
- **State tax refunds**

This is a common enforcement tool used to reduce arrears and is often triggered automatically when a parent falls behind.

### Can my driver’s license be suspended?

Yes. Illinois may suspend:

- Driver’s licenses
- Professional licenses
- Hunting and fishing licenses

These suspensions are used to pressure delinquent parents into compliance.

### Can unpaid child support affect my passport?

Yes. If arrears exceed $2,500, the federal government may deny a passport application or renewal. This is part of federal enforcement and applies nationwide.

### Can unpaid child support become a criminal offense?

Yes. In addition to civil contempt, Illinois law allows criminal prosecution for willful nonpayment. This is less common but can occur when a parent intentionally avoids paying despite having the ability to do so.

Penalties may include:

- Fines
- Probation
- Jail time

### Can the court garnish my wages or seize assets?

Absolutely. Illinois courts and the Department of Healthcare and Family Services (HFS) can:

- Garnish wages
- Freeze bank accounts
- Place liens on property
- Seize lottery winnings

These tools help ensure consistent payment.

### What if I truly cannot afford my child support?

If your financial circumstances have changed—job loss, disability, reduced income—you must petition the court for a modification. Illinois does not forgive past‑due support, but it can adjust future payments.

Failing to pay without seeking modification can still result in penalties, even if the hardship is real.

### How long can Illinois pursue unpaid child support?

Illinois can enforce child support indefinitely. There is no statute of limitations on collecting arrears, and interest continues to accrue until the balance is paid.

## Discuss Your Case With Our Skokie Child Support Attorney

Failure to pay child support is a serious matter that could result in a jail sentence. Rather than refusing to pay, let Gordon & Perlut, LLC help you make more reasonable arrangements. To request a free, initial consultation to discuss your case, please call the Chicago and [Skokie child support attorney](https://familylawadvocate.com/contact-us/)s at Gordon & Perlut today.

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**Categories:** Child Support Attorney

**Tags:** child support

---

### [Can I Have Child Support Arrears Forgiven If Children Are Grown?](https://familylawadvocate.com/can-i-have-child-support-arrears-forgiven-if-children-are-grown/)

**Published:** April 1, 2021
**Author:** familylawadvocate

**Content:**

**Can I Have Child Support Arrears Forgiven If Children Are Grown?**

**By: Gordon & Perlut, LLC**

Illinois makes clear both parents have an obligation to support their children financially, and [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) now relies on the “income shares” model for child support, which means that both parents contribute to the overall child support obligation based on their individual incomes and other relevant factors.

Aside from the possibility of college expenses in a divorce case, child support ends once a child reaches the age of majority or graduates from high school. Regardless of whether your child support case was decided before or after Illinois shifted to using the “income shares” model, you may be wondering about how courts handle [child support arrears](https://familylawadvocate.com/divorce/child-support/) once a child is grown. Can you have your child support arrears forgiven if your kids are now adults?

In short, your child support arrears are not erased or forgiven once your child becomes an adult, but there may be options for reducing or forgiving child support arrears in certain situations. Our Chicago child support attorneys can help.

## No Statute of Limitations on Child Support Enforcement Actions

In Illinois child support cases before 1997, child support arrears were not forgiven when a child reached the age of majority, but there was a statute of limitations on child support enforcement actions. In other words, a parent who owed child support could only expect that the state would be legally permitted to continue taking enforcement actions for a specific amount of time. After seven (7) years — under the old system — the statute of limitations ran out, and the state could no longer continue taking enforcement actions to collect child support owed by a parent.

However, since the late 1990s, there has been no statute of limitations in Illinois on child support enforcement actions. To be sure, under Illinois law ([735 ILCS 5/12-108(a)](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=79200000&SeqEnd=86200000)), while certain judgments can only be enforced for seven years from the date that the cause of action arose, “child support judgments, including those arising by operation of law, may be enforced at any time.” In other words, child support enforcement actions do not have a statute of limitations, and the state can continue taking actions against a parent — indefinitely — to collect past-due child support.

### Child Support Debt Compromise Policies

A majority of U.S. states have debt compromise policies in place that can allow parents who owe back child support to work out a debt compromise for child support arrears, according to the [U.S. Department of Health and Human Services](https://www.acf.hhs.gov/css/map/state-child-support-agencies-debt-compromise-policies) (HHS). Illinois is one of these states with Project Clean Slate.

What is [Project Clean Slate](https://www.illinois.gov/hfs/SiteCollectionDocuments/hfs8253.pdf)? It is a program run through the Illinois Department of Health and Human Services through which child support owed to the state (i.e., child support following nonpayment and child support enforcement actions) can be forgiven. To be eligible for child support debt forgiveness through Project Clean Slate, you must be able to show that one of the following resulted in your nonpayment:

- You were unemployed
- You were incarcerated
- You had a serious illness that prevented you from paying child support

## Frequently Asked Questions About Child Support Arrears In Illinois

### What are child support arrears?

Child support arrears refer to any payments that a non-custodial parent has failed to make as mandated by a court order. These arrears represent a legal debt that must be paid back and do not simply vanish over time. The types of arrears include:

- **Missed Monthly Payments** – Payments that were due but not made by the non-custodial parent.
- **Unpaid Medical or Daycare Expenses** – Costs related to the child’s healthcare or care during the day that the non-custodial parent was responsible for covering but neglected to pay.
- **Interest on Overdue Amounts** – Additional charges that accumulate over time on unpaid amounts, increasing the total debt owed.

### Can child support arrears be forgiven in Illinois?

Generally, the answer is no—Illinois courts lack the authority to retroactively change child support obligations once they have been established. However, there are rare exceptions to this rule:

**Voluntary Agreement by the Receiving Parent** – In unlikely situations, the custodial parent may agree to waive some or all of the arrears, but this must be formally approved by the court.

**Negotiation of State-Owed Arrears** – If the child has received public assistance, the arrears owed to the state may be negotiated through the Illinois Department of Healthcare and Family Services (HFS), allowing for potential reduction or dismissal.

### How is interest calculated on child support arrears?

Under [Illinois law (735 ILCS 5/2-1303)](https://www.ilga.gov/legislation/ilcs/documents/073500050K2-1303.htm), an annual interest rate of 9% automatically applies to any unpaid child support. This interest compounds monthly, which can lead to a significant increase in the total amount owed over time. Even if the original court order did not mention accruing interest, courts have the authority to enforce it.

### What enforcement actions can be taken?

When child support arrears build up, either the state or the custodial parent may pursue various enforcement measures, such as:

**Wage Garnishment** – A portion of the non-custodial parent’s wages may be automatically deducted to satisfy the arrears.

**Tax Refund Interception** – The state can intercept federal or state tax refunds to cover the unpaid support owed.

**License Suspension** – The non-custodial parent may have their driver’s or professional licenses suspended until the arrears are resolved.

**Liens on Property or Bank Accounts** – Legal claims can be placed on the parent’s property or bank accounts to secure the payment of arrears.

**Contempt of Court Proceedings** – If non-payment continues, the custodial parent can file for a contempt hearing, risking fines or even jail time for the non-compliant parent.

The[ Illinois HFS Child Support Services Division](https://online.hfs.illinois.gov/online/entry-flow.htm) routinely handles many of these enforcement actions on behalf of custodial parents.

### Can I go to jail for unpaid child support?

Yes, it is possible to face jail time for unpaid child support if the court determines that the non-custodial parent intentionally failed to comply with payment orders. While incarceration is generally viewed as a last resort—used only when other enforcement measures have been ineffective—courts can issue a civil arrest warrant (known as a body attachment) against a non-compliant parent, particularly if they disregard court orders or fail to show up for hearings.

### Can child support arrears affect my credit?

Absolutely. Illinois law allows for the reporting of unpaid child support to credit bureaus, which can have a detrimental impact on the parent’s credit score. Furthermore, these arrears may surface on background checks, thereby hindering the parent’s ability to secure employment or housing opportunities.

### What if I can’t afford to pay?

If circumstances arise that affect your financial situation, such as job loss or a significant reduction in income, you are required to file a petition to seek a modification of your child support order. It’s crucial to understand that any modifications will not be retroactive, so it is imperative to file as soon as possible. When reviewing the request for modification, the court will consider factors such as:

**Job Loss or Reduced Income** – A decrease in earnings can lead to an inability to meet payment obligations.

**Disability or Illness** – Health-related issues can significantly impact a parent’s ability to earn a living.

**Changes in Parenting Time** – A shift in the custody arrangement may also affect financial responsibilities.

Until a court approves a modification, the original child support order remains in effect and enforceable.

### How do I check my arrears balance?

To keep track of child support obligations, you can access your child support account through the Illinois HFS online portal. This user-friendly portal provides comprehensive information, including your payment history, current balance of arrears, and any enforcement actions currently in progress. Alternatively, you can also contact the Child Support Services Division directly for assistance.

## Contact Our Chicago Child Support Lawyers

If you need assistance managing child support arrears, a[ Chicago child support lawyer](https://familylawadvocate.com/divorce/child-support/) at our firm can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250 for more information.

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**Categories:** Child Support Lawyer

**Tags:** child support arrears, child support lawyers

---

### [Is There A Statute Of Limitations On Child Support Arrears?](https://familylawadvocate.com/is-there-a-statute-of-limitations-on-child-support-arrears/)

**Published:** November 7, 2022
**Author:** familylawadvocate

**Content:**

A recent survey showed that approximately 37 million primary custodial parents are owed child support arrears. In addition, it is estimated that 60% of parents who do not get child support from their ex-partner are supposed to receive it by court order. Therefore, child support arrears in divorce cases are common, and many people need help with this issue.

Fortunately, you do not have to face this problem by yourself. The experienced child support lawyers in Chicago and Skokie can assist you with obtaining [child support arrears](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59). After reading about child support arrears below, please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/divorce/child-custody/), if you need assistance.

## Statute Of Limitations On Child Support Arrears

Illinois does not have a statute of limitations on collecting child support arrears. So, your ex-partner can be held accountable for what they owe you and your child. This is true even if the child is over 18.

## How To Pursue Child Support Arrears In Illinois

If your ex-spouse does not pay child support, your divorce attorney in Skokie may be able to get their wages garnished. The Illinois Division of Child Support Services (DCSS) can serve a Withholding for Support order to the person’s employer. The order stays in effect until the child support arrears are paid in full. If the person can do so, they also can make a lump sum payment to stop the wage garnishment. Also, the state government can take federal and state tax refunds to pay the child support arrears.

## What Are Punishments For Not Paying Child Support Arrears?

People in the state who do not pay child support may face severe penalties. For instance, DCSS can revoke a person’s professional license for their profession. In addition, if they are late on the child support payments by more than 90 days, [the state also can take away their driver’s license](https://www.ilsos.gov/departments/drivers/deadbeats.html).

Further, the parent may be refused a hunting or fishing license, and their passport can be revoked. Property and possessions also may be seized and sold to pay the arrears. If the parent owes more than $5,000 in child support arrears or is late by more than six months, they can be fined and sent to jail. If they owe more than $20,000, they may even be convicted of a felony.

## Frequently Asked Questions About Child Support Arrears In Illinois

### What Are Child Support Arrears in Illinois?

Child support arrears refer to unpaid or overdue child support payments. In Illinois, support obligations are established by court order, and each payment becomes a legal judgment as it comes due. If a parent fails to pay the full amount on time, the unpaid balance accumulates as arrears.

Once arrears exist, they remain owed until paid in full, even if the child later becomes an adult or the parenting arrangement changes.

### Can Child Support Arrears Be Forgiven in Illinois?

In most cases, child support arrears cannot be forgiven. Illinois law treats unpaid child support as a vested right of the child. Courts generally do not have the authority to retroactively modify or erase past-due support amounts.

Limited exceptions may exist if the arrears are owed to the State of Illinois rather than directly to the other parent, such as in certain public assistance cases. Even then, forgiveness is rare and requires specific legal procedures.

### Does Child Support Arrears Accrue Interest?

Yes. In Illinois, child support arrears accrue statutory interest. Interest can significantly increase the total amount owed over time, especially when arrears remain unpaid for extended periods.

This is one reason it is critical for parents who are struggling to make payments to seek a modification as soon as possible, rather than allowing arrears to accumulate.

### What Enforcement Actions Can Be Taken for Child Support Arrears?

Illinois has strong enforcement tools to collect child support arrears. These may include:

- Wage garnishment and income withholding
- Interception of tax refunds
- Suspension of driver’s licenses and professional licenses
- Bank account levies
- Liens against property
- Passport denial or revocation
- Contempt of court proceedings, which can result in fines or jail time

The Illinois Department of Healthcare and Family Services, as well as private attorneys, can initiate enforcement actions.

### Can Child Support Be Modified If I Cannot Pay?

Child support obligations can be modified, but only prospectively. This means a court can change future payments if there has been a substantial change in circumstances, such as job loss, reduced income, disability, or significant changes in parenting time.

A modification does not eliminate existing arrears. However, reducing future payments may help prevent further accumulation. It is essential to file for modification promptly, as courts will not adjust support retroactively.

### What Happens If Child Support Arrears Are Owed After the Child Turns 18?

Child support arrears do not disappear when a child reaches the age of majority. Any unpaid balance remains enforceable until fully paid. Courts can continue collection efforts, including wage garnishment and liens, even years after the original support obligation ended.

In some cases, the court may establish a payment plan to address long-standing arrears.

### Can Parents Agree to Settle Child Support Arrears?

Parents may reach agreements regarding how arrears are paid, such as installment plans or lump-sum payments. However, any agreement should be approved by the court to ensure it is enforceable and legally valid.

Private agreements that are not entered as court orders generally do not stop enforcement actions or interest accrual.

### Why Legal Guidance Matters With Child Support Arrears

Child support arrears cases often involve complex legal and financial issues, including enforcement actions, interest calculations, and potential contempt proceedings. Whether you are owed support or facing enforcement, working with an experienced Illinois family law attorney can help protect your rights and identify the best path forward.

## Talk To Child Support Lawyers in Chicago

Child support is vital to ensure the health and well-being of children in a divorced family. However, if a parent will not shoulder their child support responsibilities willingly, it causes an undue burden on the parent with primary custody. Fortunately, there are several ways in Illinois to obtain child support arrears. Our [Chicago child support lawyers](https://familylawadvocate.com/divorce/child-support/) can help.

Our skilled family law attorneys also proudly serve the communities of Chicago, Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. You do not need to face your issue with child support alone. If you are divorced and face a child support arrears problem, please contact our [child support lawyers in Skokie](https://familylawadvocate.com/contact-us/) at (312) 360-0250.

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### [Proving Financial Misconduct: Forensic Tools Used In High-Asset Illinois Divorces](https://familylawadvocate.com/proving-financial-misconduct-forensic-tools-used-in-high-asset-illinois-divorces/)

**Published:** January 6, 2026
**Author:** familylawadvocate

**Content:**

In high-asset divorce cases across Illinois, the accurate disclosure of income, property, and financial history is critical. When one spouse hides assets, underreports income, or engages in suspicious financial activity, the outcome of the case can be unfairly skewed. We see this often in contested divorces involving businesses, investments, and multiple properties. As divorce attorneys serving clients in Chicago and throughout Illinois, we understand that proving financial misconduct requires more than mere suspicion. It demands evidence, and that evidence often comes from forensic financial tools and court-approved procedures. Under Illinois law, especially [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm) and [5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm), we are able to pursue discovery and protect our clients’ rights when the marital estate is at risk.

## Understanding Financial Misconduct Under Illinois Law

Illinois divorce courts are authorized to consider financial misconduct when dividing marital property. This is not limited to hidden bank accounts or cash withdrawals. It includes a wide range of conduct, such as transferring assets to a third party, overpaying taxes to delay refunds, creating false debts, and manipulating income reports from privately held businesses. Under [750 ILCS 5/503(d)(2)](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=6200000&SeqEnd=8675000), the court may consider the dissipation of marital assets by one party after the breakdown of the marriage. Dissipation is defined as using marital property for purposes unrelated to the marriage during a time when the marriage is undergoing an irretrievable breakdown.

If a spouse wastes, hides, or mishandles assets, the other spouse may be entitled to a larger share of the remaining marital estate. Proving that financial misconduct occurred requires documentation, timelines, and analysis. This is where forensic accounting becomes necessary.

## The Role Of Forensic Accountants In Divorce

In high-net-worth divorce cases, we often work closely with forensic accountants. These financial professionals review records, trace money, uncover hidden transfers, and analyze business valuations. They can uncover the difference between reported income and lifestyle spending or spot irregularities in business cash flow.

Forensic tools include:

- Cash flow and lifestyle analysis to identify unreported income.
- Tracing separate vs. marital funds to protect non-marital property.
- Business valuation models to determine the fair market value of closely held companies.
- Digital record analysis to review emails, transaction logs, and financial software.
- Tax return reviews to uncover refunds, deductions, or overpayments used to hide assets.

This process requires cooperation or court-ordered discovery. If a spouse refuses to turn over documents or delays production, we can petition the court for enforcement or sanctions under 750 ILCS 5/501(a)(1).

## Discovery And Legal Tools Available In Illinois

Illinois divorce courts allow a wide range of discovery tools. These include subpoenas for bank records, interrogatories, depositions, and forensic examination of business or personal computers. Under Supreme Court Rule 201, parties can obtain any information that is relevant to the case. Financial misconduct often becomes clear during discovery, especially when forensic accountants identify red flags that prompt deeper review.

We use the legal process to gather credit card statements, brokerage account summaries, PayPal or Venmo records, and loan applications. These documents often show inconsistencies that help prove intentional concealment.

When the court finds that one spouse committed misconduct, it can adjust the property division to compensate the other spouse. This is especially important in long-term marriages where retirement accounts, real estate portfolios, or business shares are on the line.

## Financial Misconduct FAQs

### What Counts As Financial Misconduct In An Illinois Divorce?

Financial misconduct includes hiding assets, transferring money to third parties, dissipating marital property, manipulating business income, or failing to disclose valuable assets. If these actions occur after the marriage breaks down, they may impact how the court divides property.

### How Can I Prove That My Spouse Hid Assets During Our Divorce?

We work with forensic accountants and use the discovery process to request financial documents, tax returns, and business records. Subpoenas and court orders can also be used to access records your spouse refuses to provide.

### Can The Court Penalize My Spouse For Hiding Money?

Yes. Under Illinois law, if the court finds that your spouse engaged in financial misconduct, it can award you a larger share of the marital estate or order repayment of misused funds. The court may also issue sanctions or attorney’s fees.

### What Is Considered Dissipation Of Assets?

Dissipation refers to the use of marital funds for purposes unrelated to the marriage during the breakdown of the relationship. Common examples include gambling, gifts to a new partner, or cash withdrawals that cannot be accounted for.

### Do I Need A Forensic Accountant In My Divorce Case?

In high-asset divorces, a forensic accountant can be a critical part of your legal team. They help uncover hidden assets, value businesses, and explain complex financial data in court. Their analysis can provide key evidence to support your claim.

### How Long Do I Have To Claim Financial Misconduct In Illinois?

You must raise claims of dissipation before trial and follow specific court deadlines. The misconduct must have occurred after the marriage began breaking down. Illinois courts do not consider dissipation that happened years earlier unless it fits within this legal window.

### What If My Spouse Owns A Business And Is Hiding Income?

We often bring in forensic accountants to analyze business records, review bank statements, compare income to expenses, and identify discrepancies. The court can order a business valuation and may impute income to a spouse who underreports.

### Can I Get Access To Bank Records My Spouse Controls?

Yes. We can issue subpoenas to banks, employers, or investment firms. If your spouse refuses to cooperate, we can request court intervention to compel disclosure and apply sanctions for failure to comply.

## Contact Gordon & Perlut For A Free Telephone Consultation

At Gordon & Perlut, LLC, we fight to protect your financial interests when the truth is being hidden. If you suspect your spouse has engaged in financial misconduct, you need a legal team that understands how to uncover the facts and use Illinois law to your advantage. These cases require aggressive legal strategy and experienced forensic support.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free telephone consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are ready to help you protect what matters most in your divorce.

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### [How High-Net-Worth Divorce Works Under Illinois Law: What’s Really At Stake](https://familylawadvocate.com/how-high-net-worth-divorce-works-under-illinois-law-whats-really-at-stake/)

**Published:** December 29, 2025
**Author:** familylawadvocate

**Content:**

When significant assets are involved, divorce in Illinois becomes more complex. At Gordon & Perlut, LLC, we know that the stakes are higher for families with considerable wealth. These cases often involve business interests, investment portfolios, real estate holdings, retirement accounts, and inherited property. If you or your spouse owns high-value assets, you need to understand how Illinois law treats wealth during divorce.

We have seen how quickly disagreements about asset division, support obligations, and hidden income can escalate. Illinois follows equitable distribution, which does not always mean a 50/50 split. The court aims to divide property fairly, not evenly, based on various factors listed under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm)).

Protecting your financial future starts with knowing your rights and responsibilities. It also means making sure all marital and non-marital property is properly identified and valued. These cases require careful planning and full financial transparency. Our attorneys are here to guide clients through that process, with precision and care.

## Classifying Marital And Non-Marital Property

One of the first steps in a high-net-worth divorce is determining which assets are considered marital property and which are not. Under [750 ILCS 5/503(a)](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=6200000&SeqEnd=8675000), marital property includes assets acquired by either spouse during the marriage, regardless of who holds title. That means even if only one spouse’s name is on a deed or bank account, it may still be considered marital property.

Non-marital property, on the other hand, generally includes:

- Property owned before the marriage
- Inheritances or gifts received individually
- Property excluded by a valid prenuptial or postnuptial agreement
- Certain judgments or settlements

But even non-marital property can become partly marital if it has been commingled. For example, using marital funds to improve a non-marital asset may result in a claim for reimbursement. Tracking these contributions is critical in high-value cases.

## Valuing Complex Assets

In many high-net-worth divorces, asset valuation becomes a point of conflict. You may need appraisals, forensic accountants, or financial experts to determine the true value of:

- Business interests and partnerships
- Stock options, RSUs, and other compensation packages
- Multiple real estate properties
- Trusts and inheritance assets
- Luxury vehicles, jewelry, and collectibles

The court must determine the fair market value of each item before deciding how to divide it. This step is especially important when one spouse has access to more financial information than the other.

## Maintenance And Support Obligations

Spousal maintenance, often called alimony, can be significant in high-net-worth divorces. Illinois courts apply statutory guidelines under 750 ILCS 5/504, but they may deviate from them when income exceeds the guideline cap. In 2025, the combined gross income limit is $500,000. For couples earning more, the court has discretion to set maintenance based on the standard of living during the marriage, each party’s needs, and earning capacity.

Child support also follows a guideline formula, but additional expenses such as private school tuition, extracurriculars, and healthcare may lead to customized support orders. With significant income and complex custody schedules, financial planning during divorce becomes even more important.

## Protecting Your Privacy

We understand that high-profile divorces can attract unwanted attention. Illinois courts generally keep financial records private, but protecting confidentiality requires intentional action. Settlement agreements can be crafted outside of court through mediation or collaborative divorce, keeping sensitive financial matters out of the public record.

We work with clients who value discretion as much as results. With careful case management, we help ensure that personal and business information remains secure throughout the process.

## Illinois High-Net-Worth Divorce FAQs

### What Makes A Divorce A High-Net-Worth Case In Illinois?

A divorce typically qualifies as high-net-worth when the marital estate includes significant assets, such as business ownership, investment accounts, luxury property, or when either spouse earns a high income. These cases require specialized financial analysis and legal strategies.

### How Does Illinois Law Divide Assets In A High-Net-Worth Divorce?

Illinois uses equitable distribution, meaning property is divided fairly, not necessarily equally. The court considers factors such as each spouse’s contribution, the length of the marriage, and future earning potential. Complex assets must be valued accurately to ensure a fair division.

### Are Prenuptial Agreements Enforced In High-Net-Worth Divorces?

Yes, valid prenuptial and postnuptial agreements are enforceable under Illinois law. Courts will uphold these agreements if they were entered into voluntarily and without fraud, coercion, or significant unfairness. We carefully review and litigate prenups when necessary.

### Can One Spouse Hide Assets During Divorce?

Attempts to conceal assets does happen, especially in cases involving private investments or overseas holdings. Courts can impose penalties for nondisclosure. We work with forensic accountants to uncover hidden income, bank accounts, and business revenue streams.

### What If A Business Is Involved In The Divorce?

Business interests are often the most complex assets to value and divide. Whether you or your spouse owns the business, we assess ownership, growth during the marriage, and whether it’s a marital or mixed asset. Options include buyouts, structured settlements, or co-ownership in rare cases.

### How Is Spousal Maintenance Calculated In High-Income Cases?

Illinois applies a formula only up to a combined income cap. Above that threshold, the court considers the lifestyle during the marriage, each spouse’s needs, and ability to earn. Judges have broad discretion in these cases, so clear documentation is critical.

### Can Divorce Proceedings Be Kept Private?

Divorces are typically public, but we can take steps to protect confidentiality. Private mediation or collaborative divorce allows you to keep financial details out of court records. We prioritize discretion for our high-net-worth clients.

### Do High-Net-Worth Divorces Take Longer?

They often do. Asset valuation, business analysis, and legal disputes over classification can extend the process. However, with strong legal guidance and preparation, cases can be resolved efficiently through settlement or trial if necessary.

## Contact Our Gordon & Perlut For Your Free Telephone Consultation

At Gordon & Perlut, LLC, we represent clients throughout Illinois in high-net-worth divorce cases involving significant assets, business interests, and financial complexity. Our attorneys understand the unique legal and financial stakes in these matters and provide tailored guidance to protect your future.

We offer a free phone consultation to help you understand your options. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Whether your case involves asset division, support, or confidentiality concerns, we’re here to help you move forward with strength and clarity.

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### [Understanding Temporary Orders In Illinois Divorce Cases](https://familylawadvocate.com/understanding-temporary-orders-in-illinois-divorce-cases/)

**Published:** December 22, 2025
**Author:** familylawadvocate

**Content:**

At [Gordon & Perlut, LLC](https://familylawadvocate.com/), we understand that the early stages of a divorce can be overwhelming. When two spouses separate, their finances, housing, and parenting arrangements are often in limbo. Temporary orders, authorized under Illinois Compiled Statutes [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm), are designed to create stability while the divorce case is pending. These court orders set immediate rules for support, custody, and property use, ensuring that both parties and any children involved are protected until a final judgment is entered.

Divorce cases in Illinois can take months, sometimes more than a year, to resolve. Without temporary orders, essential issues such as who stays in the home, how bills are paid, or where the children live could create unnecessary conflict. Temporary orders are not the final word on these matters, but they often set the tone for the remainder of the case. Our attorneys use these hearings to establish fairness and protect our clients’ interests early in the process.

## What Temporary Orders Can Cover

Under [750 ILCS 5/501(a)](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=6200000&SeqEnd=8675000), a judge may issue temporary orders addressing a range of family and financial issues while the divorce is pending. These include:

- Child Custody And Parenting Time – Courts can create temporary parenting plans, determining where children live and how time is divided between parents. Judges make these decisions based on the child’s best interests.
- Child Support and Spousal Maintenance – A temporary support order can ensure that children and financially dependent spouses receive necessary financial assistance.
- Exclusive Possession Of The Marital Home – Courts can grant one spouse the exclusive right to live in the marital home during the divorce, especially if conflict or safety concerns exist.
- Payment of Bills and Debts – Judges can order either party to continue paying household expenses, medical costs, or insurance premiums to prevent disruption.
- Asset Protection – Temporary injunctions can stop either spouse from hiding, selling, or transferring marital assets until the case is finalized.

These temporary measures preserve stability, prevent financial abuse, and provide the court with insight into how each party behaves during the proceedings.

## How To Request A Temporary Order

Either spouse can file a motion for temporary relief with the court. Once filed, a hearing is scheduled where both parties can present evidence and testimony. For example, if one parent requests child support, the court will review income statements, tax records, and the Illinois Child Support Guidelines under [750 ILCS 5/505](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k505.htm).

In cases involving child custody or visitation disputes, the court may also consider evidence of parenting ability, school involvement, and each parent’s living situation. Because these hearings can set an important precedent, we prepare clients thoroughly, ensuring that financial and factual details are well-documented before stepping into court.

## Why Temporary Orders Matter

Although temporary, these orders carry significant weight. Judges often look at how well each spouse complies with temporary rulings when determining the final divorce decree. For example, a parent who violates visitation rules or fails to pay court-ordered support may lose credibility.

In addition, temporary orders can help reduce tension between spouses by setting clear expectations. When everyone knows their responsibilities, disputes often decrease, allowing the divorce to move forward more smoothly.

Temporary orders can also provide immediate financial relief to those who are suddenly without income or housing. They serve as a lifeline for stability during one of the most uncertain times in a person’s life.

## Temporary Order Frequently Asked Questions

### How Long Do Temporary Orders Last In An Illinois Divorce?

Temporary orders remain in effect until the divorce case is finalized or the court modifies them. If circumstances change, such as a loss of income or relocation, a party can request the court to review and update the order.

### Can Temporary Orders Be Changed Before The Divorce Is Final?

Yes. If there is a substantial change in circumstances, either spouse can file a motion to modify the temporary order. The court will consider new evidence and determine whether the change is warranted.

### Do Temporary Orders Affect The Final Outcome Of The Divorce?

They can. Judges often rely on the stability and conduct of both parties during the temporary phase to make final determinations. Consistent compliance with court orders helps build credibility.

### What Happens If One Spouse Violates A Temporary Order?

Violating a temporary order can lead to serious consequences, including contempt of court charges, fines, or even jail time. The court may also consider these violations when awarding custody, property, or support in the final judgment.

### Can Temporary Custody Arrangements Become Permanent?

Sometimes they do. If a temporary parenting plan works well and serves the child’s best interests, judges may incorporate it into the final parenting agreement. This is why following temporary custody rules carefully is critical.

### Do I Need An Attorney To Request A Temporary Order?

It is strongly recommended. Temporary hearings often happen quickly and can shape the entire case. Our attorneys prepare persuasive motions and gather the right financial and parenting evidence to strengthen your position.

### What Kind Of Evidence Helps In A Temporary Order Hearing?

Pay stubs, tax returns, mortgage statements, and detailed parenting schedules can all support your case. Documentation is key to demonstrating need and fairness.

## Call Gordon & Perlut, LLC Today For A Free Consultation

At Gordon & Perlut, LLC, we understand that temporary orders are more than short-term fixes—they set the foundation for your future. Our experienced divorce attorneys know how to protect your rights and ensure your financial and family interests are secure throughout the process.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout Illinois with proven strategies, dedication, and results-driven advocacy.

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### [Can I Get Child Support if the Father is an Illegal Immigrant?](https://familylawadvocate.com/can-i-get-child-support-if-the-father-is-an-illegal-immigrant/)

**Published:** August 27, 2021
**Author:** familylawadvocate

**Content:**

**Can I Get Child Support if the Father is an Illegal Immigrant?**

**By: Gordon & Perlut, LLC**

In many family law situations, it can be difficult enough to ensure that the father of your child pays his child support obligation without additional complicating factors of immigration status. However, given the complexities of U.S. immigration law and concerns about child support collections when a parent is not a U.S. citizen, you may be wondering if you will be able to get child support if the father of your child is an illegal immigrant.

In other words, will the court order the father of your child to contribute to the child support obligation if he is in the U.S. illegally? And what will happen regarding the child support obligation if he leaves the country or gets deported?

These are complex issues, but it is important to know that your child is entitled to support regardless of a parent’s citizenship or immigration status. Accordingly, although it may be more difficult to obtain child support from a parent who is an illegal immigrant for certain reasons.

That parent is still obligated to pay child support under [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59), and a child support attorney in Chicago and our area can help to ensure your child receives the support she or he needs and deserves.

### Determination of Child Support Obligation is Not Based on Immigration or Citizenship Status

When you are separating from your child’s other parent and that parent is an illegal immigrant, you might be concerned that the court will not require that parent to pay child support because of his immigration status.

To be clear, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does not distinguish between parents who are lawful citizens or immigrants in the U.S. and those who have come into the country illegally. Regardless of immigration or citizenship status, a parent is obligated to contribute to child support.

Illinois uses the “income shares” model to determine the total child support obligation. Accordingly, the court will combine the net incomes of both parents—including a parent who is an illegal immigrant—to determine the total child support obligation. Next, the court will apportion the child support obligation based on each parent’s total net income, total parenting time, and other factors that the court determines to be relevant.

In the court order, each parent will be required to contribute a particular amount to the total child support obligation regardless of whether either or more parents are in the U.S. legally. To be sure, a parent does not get out of a child support obligation because he is not lawfully residing or working in the U.S.

### Collecting Child Support from a Father Who is an Illegal Immigrant

If the child’s father is in the U.S. illegally and fails to make payments on his child support obligation, child support collections options that would be available to any other parent who is a U.S. citizen or lawful resident can be applicable. For example, you may be able to ask the court to garnish wages or a bank account, or the non-paying parent may be held in contempt.

When an illegal immigrant parent is deported, the child support obligation still does not cease. However, it can be more difficult to enforce the child support order and to actually ensure that the parent makes payments. You should work with your Chicago area child support lawyer in such a situation to go through the [Office of Child Support Enforcement](https://www.acf.hhs.gov/css/partners/international) (OSCE) to determine options for child support collections following the father’s deportation.

### Contact Our Chicago Area Child Support Lawyers

Do you have questions about child support in relation to immigration status? Our [Chicago child support attorneys](https://familylawadvocate.com/divorce/child-support/) are here to help. Contact Gordon & Perlut, LLC today to learn more about our services.

## Frequently Asked Questions About Child Support From Illegal Immigrants

Child support obligations often raise complex legal questions, particularly when one parent is an undocumented immigrant. Misconceptions about immigration status and family law can create confusion for parents seeking financial support for their children. The following frequently asked questions address how child support works when an undocumented parent is involved and what custodial parents should know.

### **Can an Undocumented Immigrant Be Required to Pay Child Support?**

Yes. Immigration status does not exempt a parent from child support obligations. Family courts focus on the best interests of the child, not the legal status of the parents. If an individual is a legal parent, the court can order child support regardless of whether that parent is undocumented.

### **Can an Undocumented Parent File for or Be Involved in a Child Support Case?**

Yes. Undocumented immigrants have the right to access state courts for family law matters, including child support. Courts generally do not inquire into immigration status when deciding child support issues. Both custodial and noncustodial parents may initiate or participate in child support proceedings.

### **How Does the Court Determine Child Support if the Parent Is Undocumented?**

Child support is typically calculated using state-specific guidelines based on income, earning capacity, and the needs of the child. If the undocumented parent is employed, their actual income may be used, even if they are paid in cash or work without formal documentation. If income is unclear, courts may impute income based on work history, skills, or minimum wage standards.

### **What If the Undocumented Parent Is Paid in Cash or Works Off the Books?**

Being paid in cash does not eliminate child support responsibility. Courts can rely on evidence such as bank deposits, employer statements, testimony, or prior tax filings to determine income. Judges may also estimate income if they believe the parent is intentionally underreporting earnings to avoid child support.

### **Can Child Support Be Enforced Against an Undocumented Immigrant?**

Yes. Child support enforcement agencies have multiple tools available, including wage garnishment, liens on property, suspension of driver’s licenses, and interception of tax refunds if applicable. While immigration status may affect certain enforcement methods, it does not prevent courts from issuing or enforcing child support orders.

### **Will Filing for Child Support Trigger Immigration Consequences?**

In most cases, child support proceedings are handled entirely within state family courts and are not reported to federal immigration authorities. Courts are primarily concerned with ensuring financial support for children. However, immigration concerns can be fact-specific, so consulting both a family law attorney and an immigration attorney may be advisable in sensitive situations.

### **What If the Undocumented Parent Lives in Another Country?**

If the parent resides outside the United States, child support may still be possible through international child support agreements or reciprocal enforcement treaties, depending on the country involved. While enforcement may be more challenging, it is not impossible in many cases.

### **Can an Undocumented Parent Receive Child Support?**

Yes. An undocumented parent who has primary custody of a child may seek and receive child support from the other parent. The child’s right to financial support is not affected by the custodial parent’s immigration status.

### **Does Child Support Affect Immigration Applications?**

Unpaid child support can negatively impact certain immigration applications, especially those requiring proof of good moral character or financial responsibility. Conversely, paying child support as ordered may demonstrate compliance with legal obligations.

### **Why Legal Guidance Is Important**

Child support cases involving undocumented immigrants can involve overlapping family law and immigration considerations. Working with an experienced family law attorney can help ensure that child support orders are properly established and enforced while minimizing unnecessary legal risks.

Understanding these issues helps parents focus on what matters most: ensuring financial stability and support for their children, regardless of immigration status.

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### [The Emotional And Financial Benefits Of An Amicable Divorce In Illinois](https://familylawadvocate.com/the-emotional-and-financial-benefits-of-an-amicable-divorce-in-illinois/)

**Published:** December 15, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we have seen how divorce can either drain families emotionally and financially or serve as a peaceful transition into a new chapter. Divorce is never easy, but when both parties commit to resolving matters amicably, the process becomes less painful and significantly less expensive. Illinois law encourages cooperation, fairness, and efficiency in family law cases, allowing couples to end their marriage respectfully while protecting their well-being and financial stability.

## How Illinois Law Supports Cooperative Divorce

Illinois divorce law, formally known as the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?DocName=075000050HPt.+IV&ActID=2086&ChapAct=750%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=59&ChapterName=FAMILIES&SectionID=63091&SeqStart=3700000&SeqEnd=5200000&ActName=Illinois+Marriage+and+Dissolution+of+Marriage+Act.)), allows couples to dissolve their marriage without hostility. The law emphasizes the equitable division of marital assets, the fair allocation of parental responsibilities, and financial transparency between the parties. “Equitable” does not always mean “equal”—it means fair, based on each spouse’s financial and personal circumstances.

An uncontested or amicable divorce in Illinois generally occurs when both spouses agree on major issues such as:

- Property and debt division
- Parenting time and parental decision-making
- Spousal maintenance (alimony)
- Child support

When these issues are resolved through cooperation rather than conflict, the divorce process can be completed more efficiently and at lower legal expense.

## The Emotional Advantages Of An Amicable Divorce

Divorce can be emotionally exhausting, particularly when it turns adversarial. However, when spouses approach the process with mutual respect and open communication, it can lessen the emotional toll on everyone involved, especially children.

An amicable divorce allows both parties to maintain dignity and reduce conflict in front of their children. This approach fosters healthier co-parenting relationships post-divorce and helps children adjust to new routines with less stress. Parents who minimize hostility model emotional maturity and stability, creating an environment where their children feel secure and supported.

Emotionally, it also gives both spouses a sense of closure. Rather than focusing on blame, an amicable divorce encourages personal growth and understanding. This mindset can help both individuals move forward without lingering resentment or bitterness.

## The Financial Benefits Of A Peaceful Divorce

Contested divorces often require multiple court hearings, lengthy discovery, and costly litigation. By contrast, when couples negotiate terms privately or through mediation, they save significant time and money. Attorney fees, court filing fees, and other legal expenses can be drastically reduced when conflict is minimized.

In many cases, mediation under [750 ILCS 5/602.10](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.10.htm) allows spouses to resolve disputes about parental responsibilities with the help of a neutral mediator rather than a judge. Mediation sessions typically cost less than court trials, and the results are often more tailored to each family’s unique needs.

Additionally, amicable divorces protect financial privacy. In a contested divorce, personal and financial details become part of the public record. Cooperative resolution helps maintain confidentiality while allowing spouses to protect their assets and future financial interests.

## Preserving Relationships And Reputations

Beyond financial savings, an amicable divorce can preserve relationships with extended family and mutual friends. Litigation often leads to division among loved ones, while a respectful process maintains civility and goodwill. This is especially valuable for families who will continue to share parenting responsibilities or community ties after the divorce.

At Gordon & Perlut, LLC, we understand that divorce does not have to destroy families. By encouraging cooperation, we help clients achieve practical outcomes that prioritize emotional health and financial stability. Our goal is to position our clients for a better future—not to prolong their pain.

## Divorce Frequently Asked Questions

### What Is An Uncontested Divorce In Illinois?

An uncontested divorce occurs when both parties agree on every key issue related to their separation, including property division, custody, and support. It typically involves filing a joint petition under Illinois law and can be finalized much faster than a contested case.

### Can We File For An Amicable Divorce Without Appearing In Court?

In some Illinois counties, uncontested divorces can be completed without a formal hearing if all necessary documents are properly filed and approved by the judge. However, it is still wise to have an attorney review your paperwork to ensure all legal requirements are met.

### How Long Does An Amicable Divorce Take In Illinois?

The timeline varies by county, but an uncontested divorce may take as little as 60 to 90 days from filing to final judgment, depending on court schedules and whether both spouses cooperate throughout the process.

### Will An Amicable Divorce Affect Child Support Or Custody Decisions?

No. Illinois law bases child support on income and parenting time as outlined in 750 ILCS 5/505, while parenting decisions are determined by what is in the child’s best interests. Even when parents agree on terms, the court ensures that any agreement complies with these legal standards.

### Do I Still Need An Attorney If We Agree On Everything?

Yes. Even when a divorce is amicable, having an attorney ensures your agreement complies with Illinois law and protects your rights. An attorney can also prepare and file the necessary documents correctly to avoid future disputes.

### What Happens If My Spouse Changes Their Mind During The Process?

If one spouse decides to contest certain terms, the divorce becomes partially or fully contested. Mediation or negotiation can often bring the parties back to agreement before the matter proceeds to trial.

## Call Gordon & Perlut, LLC For A Free Consultation

At Gordon & Perlut, LLC, we have helped countless Illinois families achieve peaceful resolutions through intelligent negotiation and compassionate advocacy. Our attorneys believe that divorce does not have to be destructive—it can be an opportunity for renewal and stability.

If you are considering divorce and want to learn more about your options, contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout Chicago, Skokie, and across Illinois with the skill, discretion, and dedication you deserve.

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### [How Social Media Posts Can Be Used Against You In An Illinois Divorce](https://familylawadvocate.com/how-social-media-posts-can-be-used-against-you-in-an-illinois-divorce/)

**Published:** December 8, 2025
**Author:** familylawadvocate

**Content:**

At[ Gordon & Perlut, LLC](https://familylawadvocate.com/), we have seen how one careless post or photo can change the outcome of a divorce case. Social media has become part of everyday life, but during a divorce, what you share online can easily become evidence in court. Judges, attorneys, and even private investigators now use social media activity to evaluate credibility, financial disclosures, and parenting behavior. Many people underestimate how a single post, message, or tagged photo can affect property division, custody, or support rulings. In Illinois, the consequences can be serious—and often irreversible.

## Social Media As Evidence In Illinois Divorce Cases

Under Illinois law, social media content can be treated as evidence just like any written or recorded communication. Under Illinois Supreme Court Rule 214, parties must produce relevant electronic records—including social media posts—when requested during discovery. This means that your Facebook posts, Instagram photos, X (formerly Twitter) updates, and even private messages can be examined in your case.

In many divorces, social media evidence is used to question statements made about finances, lifestyle, or parenting. For example:

- A spouse who claims financial hardship but posts pictures of luxury vacations may appear dishonest.
- A parent seeking custody who posts images of partying or alcohol use may face questions about judgment or fitness.
- Comments or messages sent to a new romantic partner could be used to suggest infidelity or concealment of marital assets.

Even deleted posts can often be recovered through digital forensics or screenshots, so nothing online is ever truly private.

## The Role Of Credibility And Perception

Illinois divorce courts consider honesty and good faith as central factors in property division and custody determinations under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.7.htm). When social media evidence shows inconsistencies between what a spouse says in court and what they portray online, credibility suffers. Judges do not take dishonesty lightly.

In child custody disputes, the court focuses on the best interests of the child. Social media depicting reckless behavior, substance abuse, or hostile comments toward the other parent can undermine your position. Likewise, even sarcastic or emotional posts made during the heat of the moment can be misconstrued and used against you later.

## Protecting Yourself During A Divorce

We advise clients to treat social media like a courtroom microphone—anything you say can and will be heard. Practical steps include:

- Temporarily disabling social media accounts during divorce proceedings.
- Avoid posts or comments about finances, relationships, or the case.
- Ask friends and family not to tag you or post about you online.
- Never delete old posts once a divorce case has begun, as it may be seen as destroying evidence.

If you suspect your spouse is misusing social media, your attorney can issue a discovery request or subpoena to preserve and produce those records.

## How We Use Social Media Evidence Strategically

At Gordon & Perlut, LLC, we use digital evidence carefully and effectively to support our clients’ cases. Whether proving hidden income, establishing misconduct, or defending against unfair accusations, we understand how to authenticate and present social media records in a way that judges respect. Our focus is always on protecting your interests while minimizing risk.

## Illinois Divorce Frequently Asked Questions

### Can the court really access my private messages or deleted posts?

Yes. If the content is relevant to your case, your spouse’s attorney can request access to it during discovery. Even private or deleted content can sometimes be retrieved through legal channels or digital forensic experts. It is important to assume that anything shared online can be made public.

### What happens if I delete my social media accounts after filing for divorce?

Deleting accounts may appear as an attempt to hide evidence, which can harm your credibility. The safest approach is to stop using social media but preserve all existing content. Discuss any account changes with your attorney before taking action.

### Can photos or posts from before the marriage be used in a divorce?

Typically, evidence must be relevant to issues like asset division, custody, or support. Older content might not be admissible unless it relates directly to the case—for example, proof of prior misconduct or misrepresentation.

### How can social media impact child custody?

Under 750 ILCS 5/602.7, Illinois courts consider each parent’s ability to act in the child’s best interests. Posts showing anger, neglect, or irresponsible conduct can seriously harm a parent’s case. Judges often review social media to assess parenting behavior and emotional stability.

### Can I post about my new relationship during my divorce?

It is risky. Photos or mentions of a new partner can trigger emotional reactions, complicate negotiations, or be used to argue infidelity or financial misconduct. Waiting until the divorce is finalized is the safer choice.

### What if my spouse is harassing me online during the divorce?

Online harassment or defamation can be addressed legally. You can request a protective order or raise the issue in court as part of your divorce. Save all communications, screenshots, and timestamps to provide to your attorney.

### Is social media evidence always admissible in court?

Not always. The evidence must be authenticated and relevant under the Illinois Rules of Evidence. However, most judges allow such evidence when it helps clarify financial, behavioral, or parenting issues.

## Call Gordon & Perlut, LLC For Skilled Legal Representation

At Gordon & Perlut, LLC, we help clients protect their reputation, privacy, and future during divorce proceedings. Our attorneys understand the power—and danger—of social media in modern cases. If you are facing a divorce in Illinois, we will help you safeguard your digital footprint and ensure that your rights are protected.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout Illinois, providing the focused, strategic advocacy you need during one of the most critical times in your life.

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### [How Hidden Debt Can Complicate Divorce Settlements In Illinois](https://familylawadvocate.com/how-hidden-debt-can-complicate-divorce-settlements-in-illinois/)

**Published:** December 1, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we often remind our clients that divorce is not only about dividing assets but also about dividing debt. When one spouse hides or misrepresents financial obligations, it can completely change the outcome of a divorce settlement. Hidden debt, whether it involves undisclosed credit cards, secret loans, or unpaid taxes, can create significant financial hardship for the unsuspecting spouse. In Illinois, courts expect full financial transparency during divorce proceedings, and any failure to disclose can lead to serious legal consequences.

## The Legal Duty To Disclose Financial Information

Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&SeqStart=&&ChapAct=FullText) (750 ILCS 5/501 and 750 ILCS 5/503), both spouses are required to provide complete and accurate financial disclosure during the divorce process. This includes income, property, assets, and debts. When one party conceals financial information, it undermines the court’s ability to make an equitable division of marital property.

The law views marriage as a financial partnership, meaning that debts incurred during the marriage, regardless of whose name they are in, are generally considered marital debts. If one spouse hides debt, the court can reopen the case and impose penalties, including awarding a greater share of marital property to the innocent spouse or ordering reimbursement for concealed obligations.

## Common Types Of Hidden Debt

Hidden debt can take many forms, and it often surfaces after the divorce is finalized. Some common examples include:

- Secret credit cards or personal loans
- Unpaid taxes or back child support
- Gambling debts
- Loans to family or friends that were not disclosed
- Business liabilities not reported during disclosure

When such debts are discovered after the settlement, they can cause both emotional and financial stress. That is why it is critical to conduct a thorough review of all financial accounts and records before signing any settlement agreement.

## How Illinois Courts Handle Hidden Debt

Illinois follows the principle of equitable distribution under [750 ILCS 5/503(d)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), which means that the court divides marital property and debt fairly, but not necessarily equally. If hidden debt is discovered, the court has the authority to adjust the division of property to ensure fairness. Judges can also impose sanctions on a spouse who intentionally hides financial obligations, including ordering them to pay attorney’s fees or other costs.

Additionally, if one spouse used marital funds for purposes unrelated to the marriage, such as gambling or an extramarital affair, the court may classify that spending as *dissipation*. Under [750 ILCS 5/503(d)(2)](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), the court can compensate the other spouse for the dissipation by awarding additional property or financial relief.

## Protecting Yourself From Hidden Debt

When we represent clients, we take steps to uncover any concealed liabilities early in the process. This includes subpoenaing financial records, reviewing credit reports, and investigating unusual transactions. We also advise clients to gather as much documentation as possible, including bank statements, tax returns, and credit card histories.

If you suspect your spouse is hiding debt, bringing this concern to your attorney immediately is essential. The sooner it is addressed, the better your chances of protecting your financial future.

## Illinois Divorce Frequently Asked Questions

### What Happens If Hidden Debt Is Discovered After The Divorce Is Finalized?

If hidden debt is uncovered after the divorce, the innocent spouse can file a motion to reopen the case. The court may modify the settlement or require reimbursement. Intentional concealment of debt can also lead to financial penalties against the dishonest spouse.

### Is My Spouse’s Debt Automatically My Responsibility?

Not always. Under 750 ILCS 5/503, debts incurred during the marriage for the benefit of the marriage are typically considered marital. However, debts used for personal or wasteful purposes may be classified as non-marital and assigned solely to the responsible spouse.

### Can Hidden Debt Affect Child Support Or Maintenance Decisions?

Yes. If one spouse conceals debt or misrepresents their financial condition, it can impact how the court calculates income and ability to pay. This may lead to adjustments in child support or spousal maintenance obligations.

### How Can I Find Out If My Spouse Has Undisclosed Debt?

Obtaining copies of credit reports, tax filings, and financial statements is the first step. An experienced attorney can also use discovery tools, subpoenas, and forensic accountants to uncover hidden accounts or liabilities.

### Can A Prenuptial Or Postnuptial Agreement Protect Me From Hidden Debt?

Yes. These agreements can specify how debts will be handled in the event of divorce. While they do not prevent a spouse from attempting to hide debt, they can provide additional protection by clearly defining financial responsibilities.

### Can I Be Held Responsible For Debts I Did Not Know About?

If the court determines that the debt was incurred for marital purposes, you may still share responsibility. However, if the debt was secret and unrelated to the marriage, it can be classified as the other spouse’s sole responsibility.

## Call Gordon & Perlut, LLC For A Free Consultation

At Gordon & Perlut, LLC, we understand how frustrating and unfair it can feel to discover hidden debt during or after a divorce. Our Chicago divorce attorneys work diligently to uncover all financial details and protect our clients from being blindsided by undisclosed liabilities.

If you are preparing for divorce or believe your spouse is concealing debt, call Gordon & Perlut, LLC today for a free phone consultation. Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across Illinois, ensuring every client’s financial rights are protected.

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**Categories:** Divorce

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### [Co-Parenting Mistakes That Can Hurt Your Custody Case](https://familylawadvocate.com/co-parenting-mistakes-that-can-hurt-your-custody-case/)

**Published:** November 25, 2025
**Author:** familylawadvocate

**Content:**

As [Chicago divorce attorneys](https://familylawadvocate.com/), we understand the importance of recognizing that custody disputes in Illinois often hinge on how each parent approaches co-parenting responsibilities. Courts in Illinois do not simply look at who wants more time with the children—they focus on the conduct of the parents, the ability to foster healthy relationships, and whether actions promote the best interests of the child. Under [750 ILCS 5/602.7](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.7.htm) of the Illinois Marriage and Dissolution of Marriage Act, the court must weigh numerous factors when allocating parental responsibilities and parenting time. Parents who allow emotions to drive poor co-parenting decisions often harm both their children and their custody case.

When a parent makes mistakes such as withholding communication, speaking negatively about the other parent, or refusing to comply with court orders, judges may view this conduct as evidence that the parent is unwilling or unable to place the child’s best interests first. These mistakes can have long-lasting consequences. Our role is to guide parents through the divorce process, helping them avoid errors that can damage their credibility in court and ultimately jeopardize custody outcomes.

## Interfering With Parenting Time

One of the most damaging mistakes in co-parenting is interfering with parenting time. Illinois courts treat interference very seriously. Under [750 ILCS 5/602.10](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.10.htm), a parent who disregards the court-ordered parenting schedule risks contempt of court and potential modification of the parenting plan. Even when conflicts arise, parents are expected to follow court orders and resolve disputes legally, rather than unilaterally. Judges may view repeated interference as an attempt to alienate the child from the other parent, which directly undermines the best interests of the child standard.

## Speaking Negatively About The Other Parent

Another common mistake is speaking poorly about the other parent in front of the children. Courts recognize that this behavior harms a child’s emotional well-being and creates unnecessary conflict. Under [750 ILCS 5/602.7(b)(13)](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.7.htm), judges evaluate each parent’s willingness and ability to encourage a close and continuing relationship between the child and the other parent. If one parent engages in disparagement, it can be used as evidence that the parent is not acting in the child’s best interests.

## Failing To Communicate Effectively

Custody cases often suffer when parents fail to maintain effective communication. Whether it is ignoring messages, withholding important information about school or health, or refusing to coordinate schedules, these actions show the court a lack of cooperation. Illinois law emphasizes that joint decision-making requires consistent communication. Courts expect parents to be able to exchange information reliably, and failure to do so can result in reduced decision-making authority for the uncooperative parent.

## Ignoring Court Orders

Few actions damage a custody case more than ignoring court orders. Whether it is refusing to pay support, failing to appear for parenting time, or disregarding mediation requirements, noncompliance demonstrates disrespect for the legal process. Under [750 ILCS 5/607.5](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.7.htm), repeated violations can lead to penalties, attorney’s fees, or modification of custody. Judges look for parents who respect the court’s authority and demonstrate reliability.

## Why Avoiding Mistakes Matters

When parents avoid these co-parenting mistakes, they show the court a commitment to stability, cooperation, and the well-being of the child. Every custody case is decided based on the unique facts presented, but the consistent thread is that judges prioritize the child’s best interests. By demonstrating respect, communication, and compliance with the law, parents position themselves for stronger outcomes and healthier long-term relationships with their children.

## Frequently Asked Questions About Co-Parenting And Custody Cases In Illinois

### What Does Illinois Law Mean By The “Best Interests Of The Child”?

Under 750 ILCS 5/602.7, courts must evaluate several factors, including the child’s needs, the ability of each parent to encourage a relationship with the other parent, the child’s adjustment to home and community, and the parents’ history of cooperation. These factors guide the judge in determining custody and parenting time.

### Can Withholding Parenting Time Hurt A Custody Case?

Yes. Illinois courts expect parents to follow the established parenting plan. Repeated interference can lead to contempt of court, fines, or a reduction in parenting time for the parent responsible. The court may interpret withholding parenting time as harmful to the child’s relationship with the other parent.

### How Can Negative Comments About The Other Parent Affect Custody?

Judges often view disparaging remarks as evidence of parental alienation. Courts under 750 ILCS 5/602.7(b)(13) consider whether a parent is fostering or undermining the child’s relationship with the other parent. Persistent negative comments can weaken a parent’s credibility and lead to reduced responsibilities.

### Is Failing To Communicate Considered A Legal Issue?

Yes. Custody arrangements in Illinois often require ongoing communication about health, education, and activities. A parent who refuses to share important information may lose decision-making authority. Courts value parents who can cooperate, and failure to communicate can damage custody claims.

### What Happens If One Parent Ignores A Court Order?

Ignoring a court order can result in sanctions, contempt findings, or even modification of parenting responsibilities. Under 750 ILCS 5/607.5, penalties may include attorney’s fees or adjustments to custody to ensure compliance. Courts take violations seriously, as they undermine stability for the child.

### Can Co-Parenting Mistakes Be Corrected During A Case?

Yes. While past mistakes can affect credibility, courts also look at efforts to improve. A parent who demonstrates progress, attends parenting classes, or begins complying with orders can show the judge a renewed commitment to the child’s best interests.

### Does Cooperation Really Matter If Both Parents Want Custody?

Absolutely. Courts in Illinois weigh cooperation heavily. Even if both parents have strong claims, the parent who demonstrates better communication, respect for court orders, and encouragement of the child’s relationship with the other parent often has a stronger case.

# **Call Gordon & Perlut, LLC For Your free Consultation** 

At Gordon & Perlut, LLC, we fight to protect parents’ rights while ensuring that children remain the focus of custody cases. We have helped parents across Illinois avoid costly mistakes and build stronger cases for parenting time and responsibilities.

Contact our [Chicago parenting time lawyers](https://familylawadvocate.com/divorce/visitation/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).. We represent clients in Chicago, Skokie, and throughout the state of Illinois.

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**Categories:** Parenting Time Lawyers

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### [Signs You May Be Headed For Divorce And How To Prevent It](https://familylawadvocate.com/signs-you-may-be-headed-for-divorce-and-how-to-prevent-it/)

**Published:** November 18, 2025
**Author:** familylawadvocate

**Content:**

As [Chicago divorce attorneys](https://familylawadvocate.com/), we know that no one enters a marriage expecting it to end in divorce. Yet the reality is that many couples experience serious difficulties that, if left unresolved, may result in the breakdown of the relationship. We often see signs of marital strain long before divorce papers are filed, signs that, if addressed early, could sometimes prevent the marriage from reaching that point. Communication breakdowns, financial stress, unresolved conflict, and a loss of trust can all place significant pressure on a marriage. Recognizing these warning signals and taking proactive steps can be the difference between repairing the marriage and preparing for divorce proceedings under Illinois law.

## Recognizing The Warning Signs Of Divorce

Frequent arguments that escalate without resolution often point to deeper issues. When couples argue more about winning than resolving, resentment builds. Financial disputes are another common red flag. Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), Illinois courts classify property and debts as either marital or non-marital, and financial tension often comes from differing expectations around these assets. A lack of intimacy or emotional connection is also a warning sign. If spouses stop sharing their lives, the partnership begins to feel more like a business arrangement than a marriage. Finally, secrecy or dishonesty about spending, communication, or relationships outside the marriage can signal serious problems.

## Legal Consequences Of Ignoring These Signs

If issues are ignored, one or both spouses may eventually file for divorce under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm)), which allows dissolution on the grounds of “irreconcilable differences.” Once divorce proceedings begin, courts address property division, spousal maintenance, and—when children are involved—parental responsibilities and support. Failing to address marital problems early can result in costly, time-consuming litigation that could have been avoided.

## Steps That May Help Prevent Divorce

Prevention begins with communication. Couples who commit to honest, respectful dialogue often manage to repair strained relationships. Counseling is another effective option, allowing both parties to voice concerns in a neutral setting. Financial planning and transparency can reduce disputes over money. Illinois law encourages cooperation in parenting, and under 750 [ILCS 5/602.7](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.7.htm), courts prioritize the child’s best interests. Couples can apply this same standard to their own relationship, focusing on what benefits the family as a whole. While not every marriage can or should be saved, taking steps early offers the best chance of preventing divorce.

## Protecting Rights If Divorce Becomes Necessary

Even when couples make every effort, divorce may still be unavoidable. If that happens, temporary orders under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) may determine parenting schedules, child support, or possession of the marital home while the case is pending. Knowing these legal protections exist helps reduce the uncertainty of divorce and ensures that both spouses are treated fairly while working toward a resolution.

## Frequently Asked Questions About Divorce Prevention In Illinois

### What Are The Common Early Signs Of Divorce?

Early signs often include constant arguments, lack of communication, financial disputes, loss of intimacy, and secrecy about important matters. Recognizing these issues early gives couples a chance to address them before they escalate.

### Can Counseling Actually Prevent A Divorce?

Yes. Marriage counseling provides a structured environment where both spouses can openly discuss their concerns. Many couples discover that professional guidance helps them resolve longstanding disputes, improve communication, and rebuild trust.

### How Does Illinois Law Treat Financial Disputes In Divorce?

Under 750 ILCS 5/503, Illinois courts divide marital property equitably, not necessarily equally. When couples fight over finances during marriage, those disputes often carry over into divorce proceedings, making resolution more difficult and contentious.

### Does Infidelity Guarantee A Divorce In Illinois?

Infidelity can certainly create significant marital strain, but Illinois is a no-fault divorce state. Under 750 ILCS 5/401, a spouse does not need to prove misconduct to obtain a divorce—irreconcilable differences alone are enough. However, infidelity may indirectly impact financial or parenting disputes if it affects the family.

### Can Improving Communication Help Avoid Divorce?

Yes. Many marriages falter because spouses stop listening to one another. By practicing active listening, setting aside time for honest discussions, and addressing concerns respectfully, couples can often repair damage before it becomes permanent.

### What If One Spouse Wants A Divorce And The Other Does Not?

In Illinois, only one spouse must prove irreconcilable differences. Under 750 ILCS 5/401(a-5), if spouses have lived separate and apart for at least six months, courts presume the marriage has broken down. Still, couples who seek counseling or mediation before this point may find a way to reconcile.

### How Can Children Be Affected When Parents Ignore Marital Problems?

Children are often the most impacted by ongoing marital conflict. Illinois law, under 750 ILCS 5/602.7, requires courts to act in the child’s best interests when allocating parental responsibilities. Parents can reduce long-term harm by addressing issues early, whether through counseling, mediation, or other constructive means.

### Does Filing For Divorce Always Mean A Trial?

Not necessarily. Many Illinois divorces are resolved through settlement negotiations or mediation. Litigation is generally a last resort when couples cannot reach an agreement on major issues. By addressing problems early, couples may avoid both divorce and litigation.

## Call Gordon & Perlut, LLC Today

At Gordon & Perlut, LLC, we fight for families facing divorce while also helping couples explore ways to prevent it when possible. Recognizing the signs of marital trouble early can protect families from unnecessary stress and litigation. If divorce becomes necessary, our attorneys are prepared to aggressively protect rights under Illinois law.

Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across Illinois, and we are ready to stand with you at every stage of the process.

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### [How To Talk To Your Partner About A Postnup In Illinois](https://familylawadvocate.com/how-to-talk-to-your-partner-about-a-postnup-in-illinois/)

**Published:** November 3, 2025
**Author:** familylawadvocate

**Content:**

As [Chicago divorce attorneys](https://familylawadvocate.com/), we understand that discussing a postnuptial agreement can be a challenging process. Couples may worry that raising the idea suggests a lack of trust, when in reality, it can strengthen a marriage by bringing clarity and transparency to financial expectations.

A postnuptial agreement allows spouses to agree on property division, spousal maintenance, and other issues in the event of a divorce. Illinois law recognizes and enforces postnuptial agreements when they are drafted properly, allowing couples to take control of their financial future. Without one, decisions are left entirely in the hands of the courts under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000).

When considering a postnuptial agreement, open and honest communication is critical. Framing the conversation around shared goals, such as protecting children from previous relationships, preserving family-owned businesses, or planning for retirement, helps avoid unnecessary conflict. It is also important to remember that Illinois law requires fairness. A one-sided agreement will not hold up in court, which is why both spouses must fully disclose assets, debts, and income before signing.

## The Legal Basis For Postnuptial Agreements In Illinois

Under [750 ILCS 5/502](https://ilga.gov/documents/legislation/ilcs/documents/075000050K502.htm), spouses may enter into written agreements concerning property division and spousal maintenance. Courts enforce these agreements as long as they are entered into voluntarily, with full financial disclosure, and without fraud, coercion, or unconscionable terms. This statute provides the legal foundation for postnups in Illinois, allowing couples to contract around default divorce laws while maintaining judicial oversight to prevent abuse.

Postnuptial agreements differ from prenuptial agreements because they are created after the marriage has already begun. Courts review them carefully, but when executed correctly, they carry the same enforceability as prenups. Judges will set aside any postnup that appears fundamentally unfair or was obtained through pressure or lack of disclosure.

### Approaching The Conversation With A Partner

Timing and tone matter when bringing up a postnup. Couples often have more success when the topic is introduced during financial planning discussions, estate planning conversations, or major life changes such as starting a business or expecting a child. By emphasizing mutual protection rather than personal gain, the conversation becomes less adversarial.

It can also help to explain that a postnup is not only about divorce. It can provide financial stability in the event of death or incapacity, which aligns with broader estate planning goals. By focusing on shared values—security, fairness, and planning for the future—the discussion can be reframed as a proactive step rather than a signal of mistrust.

### Protecting Property, Assets, And Businesses

For business owners in particular, a postnuptial agreement can be critical. Illinois law presumes that property acquired during the marriage is marital property under 750 ILCS 5/503, unless specifically classified otherwise. A postnup allows spouses to agree that a business or other assets remain separate property, preventing them from being divided during a divorce.

Couples may also use postnuptial agreements to protect inheritances, retirement accounts, or real estate that one spouse wishes to pass to children from a prior relationship. By clarifying ownership and expectations, the agreement reduces uncertainty and potential disputes in the future.

### Ensuring Enforceability

To maximize enforceability, each spouse should have independent legal counsel. This prevents claims of coercion or unfairness later. Full disclosure of financial information is mandatory, as courts will not uphold agreements based on hidden or misrepresented assets.

Additionally, the agreement must be in writing and signed by both parties. While notarization is not strictly required under Illinois law, it is a best practice to confirm authenticity. Courts will carefully review whether the terms are conscionable at the time of enforcement, not just at the time of signing.

## Frequently Asked Questions About Postnuptial Agreements In Illinois

### What Makes A Postnuptial Agreement Enforceable In Illinois?

A postnuptial agreement is enforceable under 750 ILCS 5/502 if it is in writing, signed voluntarily, includes full disclosure of assets and debts, and contains fair and conscionable terms. If the court finds that an agreement was signed under duress or is grossly unfair, it may be set aside.

### Can A Postnup Decide Child Custody Or Child Support?

No. Illinois courts will not enforce provisions that limit or predetermine parental responsibilities or child support. Under 750 ILCS 5/505 and 750 ILCS 5/602.7, these issues must always be decided based on the child’s best interests at the time of the case. A postnup can only address property and spousal maintenance.

### How Does A Postnuptial Agreement Differ From A Prenuptial Agreement?

The difference is timing. A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after the marriage has already begun. Both are enforceable under Illinois law as long as statutory requirements are met.

### Why Would A Couple Choose A Postnup Instead Of Relying On Illinois Divorce Law?

Default Illinois divorce laws divide marital property equitably under 750 ILCS 5/503. Couples may prefer a postnup to maintain control over outcomes, preserve certain assets as separate property, and avoid lengthy disputes in the event of divorce.

### Can A Postnuptial Agreement Protect A Family Business?

Yes. Without a postnup, a business started during marriage is usually considered marital property. A postnuptial agreement can designate it as separate property, protecting ownership and control if a divorce occurs.

### Do Both Spouses Need Lawyers For A Postnuptial Agreement?

While not legally required, having independent attorneys for each spouse is strongly

recommended. It strengthens enforceability and demonstrates that each party had an equal opportunity for representation.

### Can A Postnup Be Changed After Signing?

Yes. Spouses can amend or revoke a postnuptial agreement at any time, provided both agree in writing. Courts will enforce modifications as long as they meet the same standards of fairness and disclosure as the original.

## Call Gordon & Perlut, LLC For Exceptional Representation

At Gordon & Perlut, LLC, we understand the sensitivity of conversations about postnuptial agreements. We help clients throughout Illinois create agreements that protect assets, clarify expectations, and strengthen long-term security.

Contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across Illinois and provide guidance grounded in experience and knowledge of Illinois divorce law.

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### [Why Some Marriages Fail and Others Don’t: An Illinois Divorce Lawyer’s Insight](https://familylawadvocate.com/why-some-marriages-fail-and-others-dont-an-illinois-divorce-lawyers-insight/)

**Published:** November 4, 2025
**Author:** familylawadvocate

**Content:**

As [Chicago divorce attorneys](https://familylawadvocate.com/), we are often asked why some marriages survive challenges while others end in divorce. The truth is that many factors, including communication, financial stability, personal growth, and trust, shape relationships. When these elements break down, the strain can be too heavy for a couple to manage. In Illinois, once a marriage reaches an irretrievable breakdown, the law provides a structured process for dissolving the union. Our role as attorneys is to help clients understand how legal standards apply to their specific circumstances and to protect their rights during this critical transition.

Marriage can end for deeply personal reasons, but the law requires a specific legal foundation for divorce. Illinois recognizes “[irreconcilable differences](https://www.isba.org/public/guide/gettingadivorce#:~:text=Before%20a%20judge%20will%20grant,best%20interest%20of%20the%20family.%E2%80%9D)” as the only grounds for divorce, under [750 ILCS 5/401(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm) of the Illinois Marriage and Dissolution of Marriage Act. This means that one or both spouses must demonstrate that the marriage has broken down beyond repair and that reconciliation is not possible. Understanding how the law interprets and applies these issues can make the divorce process clearer.

## Legal Recognition Of Marital Breakdown

When marriages fail, the court requires proof of irreconcilable differences. In practice, this does not require detailed testimony about every argument. Instead, Illinois courts presume that if spouses have been living separate and apart for at least six months, the requirement has been met. The separation period, found in [750 ILCS 5/401(a-5)](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000), provides the court with evidence that reconciliation is unlikely. This reflects the balance between respecting personal relationships and creating a clear legal standard.

## Factors That Contribute To Marital Success Or Failure

From our perspective, successful marriages tend to have open communication, shared financial goals, and mutual respect. When these foundations are absent, disputes become harder to resolve. Financial strain is one of the most common issues we see leading to divorce filings. Illinois courts directly address financial issues during divorce by dividing marital property equitably under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), considering factors such as contributions of each spouse, the length of the marriage, and economic circumstances.

Parenting issues also play a major role in the health of a marriage. Disagreements over child-rearing can strain relationships, and when a divorce occurs, Illinois courts determine parental responsibilities and parenting time based on the best interests of the child under [750 ILCS 5/602.7](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K602.7.htm). A marriage may fail because parents cannot agree, but the law ensures children’s needs remain central once the case reaches court.

## The Role Of Legal Guidance

When a couple decides that their marriage cannot continue, the legal process becomes the framework for resolving financial and parenting disputes. Temporary orders may be issued under [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) to provide structure while the case is pending. Final judgments determine division of property, parenting responsibilities, and support obligations. Understanding how these laws operate allows individuals to approach divorce with clearer expectations and better preparation.

As attorneys, we emphasize that while marriages may fail for personal reasons, the outcome of a divorce is shaped by the law. By examining the statutes and applying them strategically, we can help clients protect financial interests, parenting rights, and long-term stability.

## Frequently Asked Questions About Divorce In Illinois

### What Are The Grounds For Divorce In Illinois?

Illinois recognizes only “irreconcilable differences” under 750 ILCS 5/401(a). This means that the marriage has broken down beyond repair, and reconciliation is not possible. Courts generally accept this standard without requiring extensive proof, particularly if the spouses have lived separately for at least six months.

### How Is Marital Property Divided In Illinois?

Illinois follows the principle of equitable distribution under 750 ILCS 5/503. This means property is divided fairly, though not always equally. Courts consider the contributions of each spouse, the length of the marriage, prior agreements, and economic circumstances. Non-marital property, such as inheritances or property acquired before the marriage, is typically excluded from division.

### How Does Child Custody Work During Divorce?

Illinois law no longer uses the term “custody.” Instead, courts allocate parental responsibilities and parenting time under 750 ILCS 5/602.7. The court’s focus is always on the best interests of the child. This may include decision-making authority for education, health, and extracurricular activities, as well as parenting schedules.

### Can Temporary Orders Be Issued During A Divorce Case?

Yes. Under 750 ILCS 5/501, courts may issue temporary orders to provide stability during the case. These may include child support, spousal maintenance, parenting schedules, or restrictions on property use. Temporary orders remain in effect until the final judgment is entered or modified by the court.

### Does Fault Matter In An Illinois Divorce?

No. Illinois is a no-fault state, which means the court does not consider misconduct such as infidelity when granting a divorce. However, conduct may be relevant in specific contexts, such as the dissipation of marital assets, where one spouse wastes marital resources for non-marital purposes.

### How Long Does It Take To Finalize A Divorce In Illinois?

The timeline depends on the complexity of the issues and the level of cooperation between spouses. Uncontested divorces may be finalized in a few months, while contested cases involving disputes over property or parenting can take a year or longer.

### Can A Prenuptial Agreement Affect The Outcome Of A Divorce?

Yes. Prenuptial and postnuptial agreements are enforceable under Illinois law, provided they meet statutory requirements under 750 ILCS 10/1 et seq. Such agreements may determine property division or spousal maintenance, but cannot restrict parenting rights or child support.

## Call Gordon & Perlut, LLC For A Free Consultation

At Gordon & Perlut, LLC, we understand why some marriages succeed and why others fail. When the time comes to move forward with divorce, Illinois law provides the framework for resolving issues fairly and efficiently. Our attorneys have decades of experience representing clients in contested and uncontested divorce cases across Illinois.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout the state of Illinois.

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### [What Parents Need To Know About Relocating After Divorce In Illinois](https://familylawadvocate.com/what-parents-need-to-know-about-relocating-after-divorce-in-illinois/)

**Published:** October 20, 2025
**Author:** familylawadvocate

**Content:**

Relocation after divorce is one of the most sensitive issues that arises in family law. When one parent wants to move with a child, it can significantly change parenting schedules, school districts, and even the child’s day-to-day life. Illinois courts recognize that relocation can affect both parents’ rights as well as the best interests of the child. Because of that, relocation is carefully regulated under Illinois divorce and custody law.

Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/609.2](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K609.2.htm)), a parent with the majority of parenting time, or an equal share, must seek permission before relocating with a child. Relocation is not as simple as changing addresses; it can require court approval if the move goes beyond certain distances. Courts evaluate whether the move benefits the child, preserves the child’s relationship with both parents, and aligns with their long-term interests.

As attorneys, we know that relocation cases often become contested. Parents may disagree about what is best for the child, and judges must weigh evidence from both sides. That is why understanding the law, your rights, and the steps you must follow is essential if you are considering a move after divorce in Illinois.

## What Counts As Relocation Under Illinois Law

Not every move qualifies as “relocation.” Under [750 ILCS 5/609.2(b)](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K609.2.htm), relocation occurs when:

- A parent living in Cook, DuPage, Kane, Lake, McHenry, or Will County moves more than 25 miles from their current home.
- A parent living in another Illinois county moves more than 50 miles from their current home.
- A parent moves outside of Illinois and more than 25 miles from their current home.

If a move meets these thresholds, the relocating parent must provide written notice to the other parent and, if necessary, seek court approval.

### The Court’s Focus On The Best Interests Of The Child

When a relocation request goes before the court, judges rely on the best interest standard. Under [750 ILCS 5/609.2(g)](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K609.2.htm), courts consider:

- The reasons for the move.
- The reasons the other parent opposes the move.
- The history and quality of each parent’s relationship with the child.
- The educational opportunities available at each location.
- The presence of extended family at each location.
- The impact on parenting time and the ability to maintain a relationship with both parents.

The parent requesting relocation must demonstrate that the move will improve the child’s quality of life while protecting the child’s relationship with the other parent.

### Why Legal Guidance Is Critical

Relocation disputes often involve strong emotions and high stakes. A misstep in providing notice or failing to present evidence can result in the denial of your request or even changes to parenting time. By working with experienced attorneys, you protect your rights, comply with all legal requirements, and ensure the child’s interests remain at the center of the case.

## FAQs About Relocating After Divorce In Illinois

### Do I Need The Court’s Permission To Move If The Other Parent Agrees?

If the other parent consents to the move and signs the written notice of relocation, court approval may not be necessary. However, the agreement must be properly documented and filed with the court to prevent disputes later.

### What Happens If I Move Without Permission?

Moving without notice or court approval can result in serious consequences. The court may order the child to be returned, modify parenting time, or hold the relocating parent in contempt of court. This is why it is critical to follow the procedures set out in 750 ILCS 5/609.2.

### Can The Court Deny My Relocation Request?

Yes. If the judge determines that the move is not in the child’s best interests, the request will be denied. Courts carefully weigh the benefits of the move against the potential harm to the child’s relationship with the other parent.

### Does Relocation Affect Child Support?

Relocation does not automatically change child support obligations, but it may impact them indirectly. For example, if parenting time shifts significantly, the court may recalculate child support to reflect the new arrangement.

### What If The Other Parent Refuses To Let Me Move?

If the other parent does not consent, you must file a petition for relocation with the court. At the hearing, both sides present evidence, and the judge decides whether the move is in the child’s best interest.

### Can I Request Relocation After A Divorce Decree Is Final?

Yes. Relocation petitions can be filed at any time after a divorce, but you must still meet the statutory requirements and show that the move benefits the child.

## Call Gordon & Perlut, LLC For Exceptional Representation

At Gordon & Perlut, LLC, we have extensive experience handling relocation cases across Illinois. These matters require strong advocacy and a clear strategy to protect both your rights and your child’s well-being.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across the entire state of Illinois.

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### [Gray Divorce In Illinois: Special Considerations For Ending A Marriage Later In Life](https://familylawadvocate.com/gray-divorce-in-illinois-special-considerations-for-ending-a-marriage-later-in-life/)

**Published:** October 14, 2025
**Author:** familylawadvocate

**Content:**

Divorce at any age is difficult, but when couples over 50 decide to end their marriage, the challenges often look very different than those faced by younger spouses. Gray divorce has been on the rise across the country, and Illinois is no exception. As attorneys, we understand that these cases are more complex because they involve longer marriages, larger marital estates, retirement accounts, and issues surrounding adult children or even grandchildren.

Illinois divorce law, particularly [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K503.htm), governs the classification and division of marital and non-marital property. While the statute applies to all divorces, it often has heightened importance in gray divorce cases where decades of assets must be divided equitably. Unlike child custody disputes that may dominate younger divorces, the focus in gray divorce shifts toward financial security, retirement planning, and health care considerations. For many of our clients, the outcome of a divorce at this stage in life determines whether they will remain financially stable in retirement or struggle to rebuild.

## Division Of Property And Retirement Assets

Illinois law requires marital property to be divided equitably, not necessarily equally, under [750 ILCS 5/503(d)](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=6200000&SeqEnd=8675000). This includes pensions, 401(k)s, IRAs, and other retirement savings accrued during the marriage. Dividing these assets can be particularly complex, often requiring a Qualified Domestic Relations Order (QDRO) to ensure that retirement funds are split correctly without tax penalties. Because older couples are closer to or already in retirement, missteps in this process can jeopardize their financial future.

## Spousal Maintenance For Older Couples

Spousal maintenance, also known as alimony, is often a central issue in gray divorce. Illinois law, under 750 ILCS 5/504, allows courts to award maintenance based on factors such as the duration of the marriage, the income disparity between spouses, and the standard of living established during the marriage. In a marriage that has lasted 20 or 30 years, courts frequently consider longer-term or even permanent maintenance. For a spouse who has not worked outside the home for decades, this financial support may be critical.

## Health Care And Insurance Issues

Another unique factor in gray divorce is health care. When couples divorce later in life, one spouse may lose health insurance coverage provided through the other’s employment or retirement benefits. Illinois courts cannot force an employer to maintain coverage for a former spouse, so alternative arrangements must be made. This often involves negotiating spousal maintenance or asset distribution to account for the cost of private insurance or Medicare supplement plans.

## Estate Planning Considerations

Divorce at a later age also intersects with estate planning. Couples must update wills, trusts, and powers of attorney to reflect their new circumstances. Failing to do so can leave ex-spouses in positions of authority or inheritance that no longer reflect the parties’ wishes. Although divorce automatically revokes certain provisions under Illinois law, proactive planning ensures that your estate plan aligns with your post-divorce life.

## FAQs About Gray Divorce In Illinois

### What Is Considered Marital Property In A Gray Divorce?

Marital property generally includes all assets acquired during the marriage, such as retirement accounts, homes, vehicles, and bank accounts. Under Illinois law, even if only one spouse’s name is on the account, it may still be considered marital property if acquired during the marriage.

### Can Retirement Benefits Be Divided In Illinois Divorces?

Yes. Retirement benefits earned during the marriage are considered marital property under 750 ILCS 5/503. These assets can be divided by court order, often through a Qualified Domestic Relations Order (QDRO), to ensure each spouse receives their fair share.

### Is Spousal Maintenance Common In Gray Divorce Cases?

Yes. Courts are more likely to award spousal maintenance in longer marriages, especially if one spouse sacrificed career opportunities to raise children or support the other’s career. The duration of maintenance often correlates with the length of the marriage.

### How Does Health Insurance Work After Divorce?

If you were covered under your spouse’s plan, you may lose coverage after the divorce. Options include COBRA continuation coverage, purchasing a plan through the health insurance marketplace, or negotiating additional spousal maintenance to help cover the cost of private insurance.

### Do I Need To Change My Estate Plan After A Gray Divorce?

Absolutely. Divorce changes your legal and financial status, so updating wills, trusts, and

beneficiary designations is essential to make sure your estate reflects your current wishes.

### Can Adult Children Be Part Of Gray Divorce Proceedings?

Adult children are not directly involved in divorce proceedings, but the emotional and financial impact of the divorce often affects them. For example, dividing family businesses or inheritance planning may require communication with adult children.

## Call Gordon & Perlut, LLC For Your Free Phone Consultation

At Gordon & Perlut, LLC, we understand the unique challenges of gray divorce and the importance of protecting your financial security, health care, and future planning. Our team is committed to helping clients throughout Illinois achieve fair outcomes in later-life divorces.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout the entire state of Illinois and are ready to provide the guidance you need during this critical time.

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### [How Financial Misconduct Could Affect Property Division](https://familylawadvocate.com/how-financial-misconduct-could-affect-property-division/)

**Published:** October 6, 2025
**Author:** familylawadvocate

**Content:**

When spouses divorce in Illinois, one of the most difficult issues is dividing marital property fairly. Illinois is an equitable distribution state, which means assets are divided fairly, though not always equally. Courts look at several factors under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K503.htm)). One factor that often becomes central in high-conflict divorces is financial misconduct.

Financial misconduct can take many forms. A spouse may hide assets, run up credit card debt for personal use, give gifts to someone outside the marriage, or waste money on gambling. When this behavior occurs, the court may adjust the property division to account for the unfair use of marital funds. As attorneys, we have seen how judges take these issues seriously, especially when one spouse tries to disadvantage the other financially before or during the divorce process.

Understanding how Illinois law treats financial misconduct is critical to protecting your rights and ensuring you are not penalized for your spouse’s actions.

## What Counts As Financial Misconduct In Illinois

Under [750 ILCS 5/503(d)(2)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), courts may consider “the dissipation by each party of the marital or non-marital property” when dividing assets. Dissipation refers to the use of marital funds for a purpose unrelated to the marriage, particularly at a time when the marriage is breaking down.

Examples of financial misconduct include:

- Spending marital money on vacations or gifts for a new partner
- Draining joint bank accounts without consent
- Hiding assets in separate accounts or transferring them to relatives
- Excessive gambling or substance-related expenses

### How Courts Address Financial Misconduct

If one spouse can show that dissipation occurred, the judge has the power to compensate the other spouse through the division of property. This may mean awarding a larger share of marital assets to the innocent spouse. For example, if one spouse secretly spent $30,000 of marital funds on personal expenses, the court may reduce that spouse’s share of the property division by the same amount.

Illinois courts also require that claims of dissipation be specific. The spouse raising the claim must provide evidence of dates, amounts, and how the funds were spent. General claims are usually not enough. This makes detailed financial records and discovery during the divorce process extremely important.

### Protecting Yourself Against Financial Misconduct

When we represent clients in divorces involving financial misconduct, we take a strategic approach:

- We carefully examine bank statements, credit card records, and investment accounts.
- We may use subpoenas to uncover hidden assets or transfers.
- We present clear evidence to the court to ensure the misconduct is recognized and addressed.

By being proactive, we can strengthen your case and make sure the property division reflects fairness.

## FAQs About Financial Misconduct In Illinois Divorces

### What Is The Dissipation Of Marital Assets?

Dissipation occurs when one spouse uses marital property for purposes unrelated to the marriage while the relationship is breaking down. Courts look closely at timing because spending that occurred years before problems began is less likely to be considered dissipation.

### How Do I Prove Financial Misconduct In Court?

You will need to present records such as bank statements, receipts, or testimony that shows how marital funds were used. The burden is on the spouse making the accusation, which is why working with an attorney who understands discovery and financial tracing is crucial.

### Can Financial Misconduct Impact Spousal Maintenance?

Generally, dissipation affects property division, not spousal maintenance. However, if misconduct reduces available marital assets, it can indirectly influence the overall financial picture that the court considers when deciding maintenance.

### Does Hiding Assets Count As Financial Misconduct?

Yes. Hiding or transferring assets to avoid sharing them in divorce is a form of financial misconduct. Courts can penalize the spouse who attempts this by awarding a larger share of the marital estate to the other spouse.

### What If My Spouse Ran Up Debt Without My Knowledge?

If the debt was incurred for personal or reckless reasons unrelated to the marriage, you may be able to argue that it constitutes dissipation. Courts will examine whether the debt benefited the marriage or was solely for one spouse’s personal use.

### How Far Back Can I Claim Dissipation?

Illinois law requires specificity, and generally, dissipation claims must focus on spending that occurred after the marriage began to break down. Courts often look at whether the expenditures happened during the final stages of the marriage.

### What Happens If Both Spouses Engage In Misconduct?

If both parties have dissipated assets, the court may offset the claims against each other. Ultimately, the judge will still divide property equitably, but neither spouse may gain a significant advantage if misconduct occurred on both sides.

## Call Gordon & Perlut, LLC For A Free Phone Consultation

At Gordon & Perlut, LLC, we know how damaging financial misconduct can be in a divorce. We are aggressive in uncovering hidden assets, exposing wasteful spending, and protecting your financial future.

If you believe your spouse has engaged in financial misconduct, contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and fight to ensure that property division is fair and just.

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### [Learning More About Collaborative Divorce](https://familylawadvocate.com/learning-more-about-collaborative-divorce/)

**Published:** November 1, 2018
**Author:** familylawadvocate

**Content:**

If you are considering ‘[filing for divorce in Chicago](https://familylawadvocate.com/divorce/)‘, or if you are in the early stages of the ‘[divorce](https://familylawadvocate.com/divorce/)‘ process, you may have heard about collaborative divorce. But what is collaborative divorce, and how does it work? While the term is often used broadly to describe collaborative processes that might occur in a divorce case, there is actually an Illinois law that governs collaborative divorce. More specifically, the ‘[Illinois Collaborative Process Act](http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59)‘ (750 ILCS 90/) details what is necessary to have a collaborative divorce under the law, and how collaborative divorce is defined within the state.

We will tell you more about collaborative divorce, how it works, and why it is beneficial for some families when they are dissolving a marriage.

## Defining Collaborative Divorce Terms Under the Act

The Illinois Collaborative Process Act took effect on January 1, 2018. The statute defines a “collaborative process matter” as a “dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim or issue in a proceeding . . . that arises under the family or domestic relations law” of Illinois. Such disputes, claims or issues include, among other things, marriage, divorce, dissolution, legal separation, property distribution, and parental responsibilities.

The statute then makes clear that a collaborative divorce, or a collaborative process, is a “procedure intended to resolve a collaborative process matter without intervention by a court.” An ‘[article](http://www.nprillinois.org/post/new-law-outlines-collaborative-divorce-guidelines#stream/0)‘ in NPR Illinois clarifies that collaborative divorce is one in which both parties agree to a “team-based method” of resolving disputes and dissolving the marriage with the help of “a group of professionals who coach them on finances, mental health, and childcare needs.” Disputes and other issues are resolved through discussions, allowing both parties to participate in the process.

### Key Elements of a Collaborative Divorce

As the NPR Illinois article points out, many people use the term “collaborative divorce” in a general fashion, referring to negotiations or discussions surrounding property division or parenting time, for example, yet the statute very clearly outlines what must occur to have a collaborative divorce under the statute:

- Both parties sign a collaborative process participation agreement; and
- Both parties are represented by collaborative process lawyers.

What is a collaborative process lawyer? The statute only specifies that a collaborative process lawyer is “a lawyer who represents a party in a collaborative process and helps carry out the process of the agreement but is not a party to the agreement.” The NPR Illinois article clarifies that a collaborative process lawyer who is a collaborative practitioner, has been trained in this fashion, and follows the Illinois Collaborative Process Act.

## Frequently Asked Questions About Collaborative Divorce In Illinois

### What is collaborative divorce?

Collaborative divorce is a constructive and voluntary process designed for couples seeking to resolve their marital issues outside the court system. In this approach, both spouses agree to engage in respectful and private discussions aimed at reaching a mutually acceptable resolution. Each spouse retains an attorney trained specifically in collaborative divorce practices, and both sign a Participation Agreement, which outlines their commitment to:

- Share information transparently, fostering trust and open communication
- Negotiate with good faith, actively seeking solutions that benefit both parties
- Eschew the courtroom, prioritizing out-of-court solutions

The collaborative process often incorporates neutral professionals, including financial advisors, child specialists, and divorce coaches, who play pivotal roles in guiding couples toward informed decisions.

### How is collaborative divorce different from mediation?

While both collaborative divorce and mediation serve as alternative dispute resolution methods, they are fundamentally distinct in their structure and dynamics. Mediation typically involves a neutral third party who facilitates discussion and helps the spouses navigate their concerns, without representing either side.

In contrast, collaborative divorce places a strong emphasis on teamwork: both spouses have their own attorneys who actively participate in negotiations, ensuring that legal knowledge and advice are readily available. As a result, collaborative divorce provides a more robust framework for legal guidance and multidisciplinary support than mediation.

### Is collaborative divorce legally recognized in Illinois?

Absolutely. Collaborative divorce holds legal recognition in Illinois courts as a valid method for resolving family law disputes. Once the spouses reach an agreement, the formalized document is submitted to the court for approval, leading to the entry of a final judgment—similar to the conventional divorce process.

### What issues can be resolved through collaborative divorce?

Collaborative divorce provides a comprehensive framework for addressing various critical aspects of the divorce process, including:

- The equitable division of marital property and debts, ensuring each party’s fair share
- Determining spousal support (maintenance) as needed for financial stability
- Allocating parental responsibilities and parenting time, focusing on the well-being of children
- Establishing child support to ensure proper financial support post-divorce
- Addressing tax considerations and future financial planning needs

The process is highly adaptable, tailored to align with the couple’s unique circumstances and requirements.

### What happens if the collaborative process fails?

In the unfortunate event that either spouse chooses to abandon the collaborative process in favor of litigation, an essential stipulation of the Participation Agreement requires both collaborative attorneys to withdraw from the case. This feature helps solidify the commitment of both parties to finding an amicable resolution. If the process shifts to litigation, the parties will need to hire new litigation attorneys, which can lead to increased costs and extended delays in reaching a resolution.

### Who is a good candidate for collaborative divorce?

- Collaborative divorce tends to be an ideal option for couples who are looking to:
- Navigate their separation without the adversarial environment of a courtroom
- Communicate respectfully and effectively with one another
- Commit to a process characterized by transparency, openness, and compromise
- Prioritize the emotional well-being of their children and minimize conflict
- Maintain a relatively balanced level of bargaining power

However, it may not be suitable in circumstances involving domestic violence, coercion, or situations where one party may be hiding assets.

### How long does collaborative divorce take?

The duration of a collaborative divorce can vary significantly, but it is generally quicker than traditional litigation. On average, most collaborative cases are resolved within a time frame of 3 to 9 months, depending on the complexity of the issues and the willingness of both parties to cooperate. One of the major advantages of this process is that it is chiefly guided by the couple’s pace, rather than the constraints of court schedules.

### Is collaborative divorce more affordable?

Collaborative divorce can be a more cost-effective choice for many couples. By steering clear of court appearances, protracted discovery processes, and drawn-out litigation, many find that they can significantly reduce both legal fees and their emotional investment in the process. However, it is important to note that fees for attorneys and any neutral professionals involved in the process will still apply. Overall, costs will depend on the complexity of the issues at hand and the number of sessions required.

### Are collaborative divorce agreements enforceable?

Yes, once the collaborative agreement is finalized, it is submitted to the court, becoming part of the official divorce judgment. The agreement carries the same legal weight and enforceability as any other court order, providing assurance that the terms stipulated will be honored and upheld.

## Our Chicago Divorce Lawyers Can Help with Your Case

Collaborative divorce, the article underscores, “is not for everyone.” For some couples, it is most important to have control over the divorce process and to have a team of professionals from different fields to help the family through it. For other persons, it is more important to work with an aggressive litigator who can deal with contentious divorce issues. If you have questions about divorce in Illinois, you should speak with one of our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/). An advocate at our firm can discuss your case with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 for more information.

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### [Why You Need a Fathers’ Rights Lawyer in Divorce](https://familylawadvocate.com/why-you-need-a-fathers-rights-lawyer-in-divorce/)

**Published:** October 2, 2025
**Author:** familylawadvocate

**Content:**

When you are going through a divorce in the Chicago area and you have minor children from your marriage, or you are going through a breakup and share minor children from that marriage, you will also need to plan for a child custody case.

To be clear, child custody cases will be part of any divorce case, but you will also go through a child custody case in Chicago if you are splitting from a current partner with whom you share children. For fathers, it is essential to have experienced [fathers’ rights lawyers](https://familylawadvocate.com/fathers-rights/) to assist you. One of our attorneys can speak with you today about your case. In the meantime, we want to provide you with more information about why you need a fathers’ rights lawyer in your divorce.

## Why You Need An Illinois Fathers’ Rights Lawyer

Your fathers’ rights attorney in Chicago and the surrounding area will advocate for your right to parental responsibilities under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA). Under the IMDMA, courts do not award child custody to one or both parents in a divorce but rather allocate “parental responsibilities”. Parental responsibilities include significant decision-making responsibilities (e.g., making decisions about where your child will attend school, your child’s religious upbringing) and parenting time (e.g., providing caretaking functions for your child on a day-to-day basis).

If you share minor children with your spouse, you will need a fathers’ rights lawyer who has experience advocating for fathers to be allocated parental responsibilities. The IMDMA recognizes that children have a right to “a strong and healthy relationship with parents,” and courts use the “best interests of the child” standard when allocating parental responsibilities.

### Fathers Can Face Implicit or Unconscious Bias and Need a Strong Advocate

To be clear, the IMDMA does not allow courts to favor a mother over a father in any capacity when it comes to the allocation of parental responsibilities, simply based upon gender. Indeed, Illinois focuses on each parent’s rights when it comes to playing a role in their children’s lives. Yet the law cannot fully account for implicit or unconscious bias that may find its way into a child custody case. To be clear, people can have unconscious or implicit biases that affect the ways in which they perform certain actions or make certain decisions without even realizing that their unconscious biases are impacting their behavior.

According to the [Stanford University Encyclopedia of Philosophy](https://plato.stanford.edu/entries/implicit-bias/), “research on implicit bias suggests that people can act on the basis of prejudice and stereotypes without intending to do so.” Implicit bias can sometimes affect child custody cases, and it is particularly critical for fathers to have experienced child custody lawyers who can show that they should be allocated both significant decision-making responsibilities and parenting time.

## Frequently Asked Questions About Fathers’ Rights In Illinois Family Law

### Do fathers have equal rights to mothers in Illinois?

Absolutely. In Illinois, the legal framework does not discriminate based on gender when it comes to parental rights. Both fathers and mothers are afforded equal treatment in the allocation of parental responsibilities and parenting time. The court’s principal concern lies in determining what is best for the child, rather than adhering to gender biases.

### What if the parents are not married?

In the case of a child born to parents who are not married, the mother automatically receives sole legal and physical custody until paternity is confirmed. This means that the mother has the exclusive authority to make decisions regarding the child’s upbringing. For an unmarried father to gain any legal rights concerning custody or visitation, he must take active legal steps to establish paternity.

### How can a father establish paternity in Illinois?

There are three main pathways to establishing paternity in Illinois:

**Voluntary Acknowledgment of Paternity (VAP)** – This is a simple form that both parents can sign, often completed at the hospital shortly after the child’s birth, acknowledging the father’s parentage.

**Administrative Paternity Order** – This option involves the Illinois Department of Healthcare and Family Services (HFS) issuing a paternity order based on genetic testing results that confirm biological fatherhood.

**Judicial Paternity Order** – If disputes arise, a father can seek a court order following a formal paternity suit, which typically includes DNA testing for verification. Establishing paternity is crucial as it allows the father to petition for both parental responsibilities and parenting time, ensuring his involvement in the child’s life.

### What rights does a father gain after establishing paternity?

Once legal parentage is confirmed, the father obtains several important rights, including the ability to:

- Make significant decisions regarding the child’s education, healthcare, religious upbringing, and extracurricular activities.
- Enjoy parenting time, which refers to the schedule during which he can spend time with his child.
- Access vital information such as school records and medical records related to the child’s welfare.
- Actively participate in the child’s developmental and emotional upbringing.

It is essential to note that these rights are not automatically conferred; they must be legally granted by the court based on what it deems to be in the child’s best interests.

### Can a father obtain joint custody?

In Illinois, the terminology has shifted from “custody” to a focus on the allocation of parental responsibilities. Courts now allocate:

- Significant decision-making responsibilities, which can be shared between both parents.
- Parenting time schedules that outline when the child will spend time with each parent.

Fathers can be awarded joint decision-making authority and substantial parenting time if they can demonstrate consistent involvement, the ability to provide a stable home environment, and a strong commitment to their child’s well-being.

### What factors does the court consider when allocating parental responsibilities?

To determine the best interests of the child, the court carefully assesses a variety of factors, including:

- The nature of the child’s relationship with each parent, as a strong emotional bond can play a pivotal role in the child’s development.
- Each parent’s capacity to provide a stable and nurturing environment conducive to the child’s growth.
- The willingness of each parent to encourage and facilitate ongoing contact and a healthy relationship with the other parent.
- Any documented history of abuse, neglect, or substance use, which may impact the child’s safety and welfare.

The child’s own wishes and preferences, which may be considered depending on the child’s age and maturity level.

Fathers who engage actively in their children’s lives and create a safe and loving atmosphere are more likely to receive meaningful parenting time.

### Can a father be denied visitation?

Visitation rights can only be restricted through a court order. If a father poses a genuine danger to the child or fails to adhere to the established parenting plan, the court may impose limitations or require supervised visitation. Importantly, a mother cannot independently deny a father access to the child without legal grounds. If visitation rights are obstructed, fathers should seek enforcement or modification of their parenting time through the court.

### What if the father is behind on child support?

It’s important to recognize that child support obligations and parenting time are treated as separate legal issues. A father’s right to spend time with his child is not dependent on whether he is current with child support payments. If there are outstanding support obligations, these should be addressed through the Illinois Department of Healthcare and Family Services or the court, rather than by withholding visitation.

### Can fathers modify parenting plans?

Yes, modifications to parenting plans are permitted when there is a substantial change in circumstances. Examples of changes that may warrant a modification include:

- Relocation of either parent
- Changes in the child’s needs as they grow and develop
- Alterations in a parent’s work schedule or health status
- Evidence of abuse or neglect that affects the child’s safety or well-being

Any modifications must be submitted to the court for approval and supported by credible evidence. Fathers in Illinois possess the legal right to be actively engaged and involved in their children’s lives. Whether married or unmarried, taking the steps to establish paternity, seeking appropriate parental responsibilities, and adhering to court orders are essential actions toward securing and exercising those rights. Seeking legal guidance can significantly assist fathers in effectively navigating the complexities of family law and advocating for their children’s best interests.

## Contact Our Chicago Fathers’ Rights Lawyer

If you are planning on a divorce and have minor children from your marriage, it is critical to get in touch with a Chicago area fathers’ rights attorney to learn more about your options and strategies in your case. One of our experienced lawyers can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to fathers who are going through divorces in Illinois.

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**Categories:** Fathers’ Rights Lawyer

**Tags:** Child Custody, Divorce, Fathers Rights

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### [How Will Spousal Maintenance Affect “Income Shares” Child Support Model?](https://familylawadvocate.com/how-will-spousal-maintenance-affect-income-shares-child-support-model/)

**Published:** October 1, 2025
**Author:** familylawadvocate

**Content:**

You may know that on July 1, 2017, a new model for determining child support in Chicago and throughout Illinois will take effect. That model is known as the “income shares” model, and it already has been adopted by a majority of U.S. states. [Public Act 99-764](http://www.ilga.gov/legislation/publicacts/99/PDF/099-0764.pdf) clarifies the changes to the law and what they will mean for child support orders. What does this shift in Illinois’s approach to child support have to do with [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/)? In short, spousal maintenance, or [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/) payments, that are provided to Party B by Party A will count as part of Party B’s income for the purposes of calculating Party B’s child support obligation.

How will spousal support payments impact a parent’s support obligations once the new model of calculating child support takes effect?

## How Spousal Support Plays a Role in Calculating a Parent’s Support Obligation

Even under the current system—in which child support payments are calculated based on a formula that takes a percentage of the paying parent’s net income based on the number of children for whom support is awarded—spousal maintenance still could play a role in those calculations. How so?

Under the current system, which will change on July 1st of this year, spousal maintenance can be a factor in calculating the paying parent’s child support obligation. Any income the paying parent receives can count toward the gross income. For instance, imagine that Party A used to be married to Party C and is currently receiving spousal maintenance from Party C. At the same time, Party A is determined to be the paying parent in a child support matter, and thus owes child support payments to Party B for their child.

In this scenario, the spousal support payments from Party C would be considered as part of Party A’s gross income. To make this a bit clearer with some actual figures: imagine that Party A has an annual gross income from her job of $40,000 per year. Party A also received spousal support of $12,000 per year (or $1,000 per month) from Party C, to whom she was previously married. In calculating Party A’s spousal support payment, the court would say she has a gross income of $52,000.

The above scenario may not be likely, but it is possible under the current formulation. In addition, under the current model, spousal support paid also will reduce the net income—from which the child support award is calculated—of the paying parent. For instance, if the paying parent makes monthly spousal support payments of $2,000 per month, the paying parent’s income will be reduced by that amount for calculating the child support obligation.

### Changes with the “Income Shares” Model

Why is it important to discuss spousal support in relation to the “income shares” model for calculating child support? [Illinois law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505) clarifies that, in calculating the gross income for a party paying child support, “spousal support or spousal maintenance received pursuant to a court order . . . must be included in the recipient’s gross income for purposes of calculating the parent’s child support obligation.”

As such, the reason it is important to revisit the relationship between spousal maintenance and child support under the income shares model is that both parents will have a child support obligation. If parents have shared parental responsibilities and each spends an equal amount of time with the child, then the amount of support will be calculated based on what *each parent* would have contributed to the child if the child were living in an intact household. It may be that one parent earns substantially more money than the other, but this fact alone does not disqualify the lesser earning spouse from contributing to child support obligations.

If the court determined that Parent A earns $100,000 from her job while Parent B earns $25,000 from his job, the court will then decide what the relative proportion of each parent’s income should be for childrearing expenses. But the court will look at more than simply the income from the parties’ jobs. If, for instance, Parent A makes spousal support payments to Parent B, then those payments will become part of Parent B’s income for the purposes of determining how much he is proportionally obligated to contribute toward childrearing expenses.

The key takeaway is this: under the “income shares” model, both parents have obligations to support their children financially, and a lesser earning parent’s spousal maintenance payments can be included in calculating his or her obligation toward child support.

## Frequently Asked Questions About How Spousal Support Impacts Child Support in Illinois

### Are spousal support and child support calculated together?

Not in the same calculation. In Illinois, the process begins with calculating spousal support, which is often referred to as maintenance. Once this amount is determined, it modifies each party’s net income. This modified income is then used to calculate child support. This sequential process is significant because the spousal support payment affects the net income figures, which are fundamental to determining the child support obligation under Illinois’ Income Shares Model.

### What is the Income Shares Model?

Illinois employs the [Income Shares Model](https://cscwebext.hfs.illinois.gov/CscWebEx/app/csc) as a method for calculating child support obligations. This model aims to fairly distribute the financial responsibility of raising children, taking into consideration several important factors, including: – The net incomes of both parents. – The number of children they are supporting. – The allocation of parenting time between the parents. The overarching goal is to replicate the financial support that a child would have received if both parents were living together. After spousal support has been calculated—where it is deducted from the payor’s income and added to the recipient’s income—child support is computed based on these adjusted financial figures.

### Does receiving spousal support impact my child support amount?

It can. If you are receiving spousal support, your net income will increase, potentially leading to a decrease in the amount of child support you are entitled to receive. Conversely, if you are obligated to pay spousal support, your net income may decrease, which could increase your child support obligation. The actual effect will depend on various factors, including the incomes of both parties and the agreed-upon parenting time schedule.

### Can both spousal and child support be mandated in the same divorce case?

Yes, it is quite common for courts to order both types of support in divorce proceedings, particularly when one spouse has significantly higher earnings than the other, and there are minor children to consider. Although spousal and child support obligations are calculated separately, they are interconnected; the amount of spousal support directly influences the calculation of child support.

### What should I do if I can’t afford both spousal and child support payments?

If you find yourself in a situation where you are required to pay both spousal and child support, but financial hardship strikes (such as losing your job or developing a serious illness), you have the legal option to petition the court for a modification of your support obligations. The court will assess whether your circumstances represent a substantial and ongoing change. However, it’s important to note that until a modification is approved, you must continue to comply with the current court orders regarding payments.

### Does spousal support affect the enforcement of child support?

No, the enforcement of spousal and child support obligations occurs independently of each other. If you fall behind on payments for either support type, you may face serious consequences, including:

- Wage garnishment, where a portion of your earnings is withheld to fulfill payment obligations.
- Suspension of your driver’s license or professional licenses.
- Contempt of court, which may result in legal penalties.
- Interception of your tax refunds to satisfy overdue payments.

The courts in Illinois, along with the Department of Healthcare and Family Services (HFS), play active roles in the enforcement of these obligations to ensure that both child and spousal support responsibilities are met.

## Contact Our Chicago Family Law Attorney

Do you have questions about spousal maintenance and child support obligations? Our experienced family law attorneys in Chicago can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case at 312-360-0250.

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**Categories:** Spousal Maintenance

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### [Do Unmarried Fathers Have Parental Rights in Illinois?](https://familylawadvocate.com/do-unmarried-fathers-have-parental-rights-in-illinois/)

**Published:** October 1, 2025
**Author:** familylawadvocate

**Content:**

Children generally do better when they have both parents playing an active and engaged role in their lives. In the case of divorce, parenting time arrangements are included in legal proceedings. Unfortunately, when the parents are unmarried, asserting the [father’s rights in Illinois](https://familylawadvocate.com/fathers-rights/) can prove far more challenging. Our child [custody lawyers in Chicago](https://familylawadvocate.com/divorce/child-support/) act as strong legal advocates on your behalf in this situation and explain what you need to know about the process.

## Proving Paternity In Illinois

In cases where a married couple has children, the father’s name is automatically added to the child’s birth certificate. This protects the father’s rights in the event of a divorce. Based on all of the various factors involved, they may then be entitled to physical custody, visitation, and legal custody, which is the right to make important decisions on the child’s behalf.

For unmarried parents, proving paternity is generally the first step in protecting the father’s rights. The [Illinois Department of Public Health](https://dph.illinois.gov/topics-services/birth-death-other-records/birth-records/paternity) advises that there are two general options available:

- **Voluntary Acknowledgment of Paternity**: As the name implies, this is where both you and the mother of the child voluntarily acknowledge that you are the father of the child. This can be done immediately at the hospital or at a later date. If done later, you and the mother will both need to sign a Voluntary Acknowledgement form and file it through the local family court and other state agencies. Keep in mind that you should not sign this form if you have doubts that you are the father.
- **Court Order of Paternity:** If either party is unwilling or unable to sign the voluntary acknowledgment, a court order will be needed. This requires paternity testing, generally conducted through a cheek swab that detects DNA and compares it between the child, the mother, and the father involved.

### Defending Father’s Rights In Chicago

Once paternity is established either through a voluntary acknowledgment or a court order, the [father’s rights are protected under the Illinois Statutes](https://www.ilga.gov/https:/www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000). This means that the father has the right to Petition to Court to be included in child time-sharing arrangements and to participate in creating a parenting plan, which details the following:

- The amount of time the child spends in each parent’s home
- Plans for holidays, birthdays, and other special occasions
- Extended visits during school breaks or to allow for vacations
- Pick up and drop off arrangements
- Legal rights in making decisions on the child’s behalf
- Provisions for resolving any disputes that arise between the parents

It is important to note that in addition to protecting fathers’ rights in Illinois, establishing paternity also means assuming certain responsibilities. This includes the obligation to make child support payments if warranted. The court will consider numerous factors in determining who owes child support, an amount fair to both parties, including their current income, earning potential, and any other children they have.

## Frequently Asked Questions About Parental Rights of Unmarried Fathers in Illinois

### Do unmarried fathers have automatic parental rights in Illinois?

No, unmarried fathers in Illinois do not automatically receive parental rights when a child is born. In these situations, the law grants the mother exclusive legal and physical custody of the child until paternity is formally established. To gain rights, the father must proactively navigate the legal system by initiating paternity proceedings.

### How can an unmarried father establish paternity?

In Illinois, there are three primary methods for establishing paternity:

**Voluntary Acknowledgment of Paternity (VAP)** – This is a straightforward process where both parents sign a legal form, either at the hospital at the time of the child’s birth or at a later date. Once signed, this form becomes legally binding after a period of 60 days, confirming the father’s paternity. –

**Administrative Paternity Order** – If the father wants to establish paternity without the mother’s acknowledgment, he can request an Administrative Paternity Order from the Illinois Department of Healthcare and Family Services (HFS), which requires genetic testing to confirm the biological relationship.

**Judicial Paternity Order** – In the event that paternity cannot be established through voluntary or administrative means, the father may file a paternity lawsuit in court. Following DNA testing, if the court finds in his favor, it will issue a judicial paternity order that grants him legal recognition as the child’s father. Establishing paternity is a critical step in ensuring that the father can exercise parental rights and responsibilities.

### What rights does a father gain after establishing paternity?

Once a father’s paternity is legally recognized, he may petition the court for several important rights regarding his child, which include:

**Allocation of Parental Responsibilities** – This refers to the decision-making authority concerning significant aspects of the child’s upbringing, including education, healthcare, religious upbringing, and extracurricular activities.

**Parenting Time** – Previously known as visitation, this outlines the schedule and arrangements for the father to spend time with his child.

**Access to Information** – The father gains the legal right to access his child’s school and medical records, allowing for active involvement in his child’s life.

**Participation in the Child’s Upbringing** – This encompasses the father’s right to actively engage in raising his child and making decisions that affect their welfare. However, it’s essential to note that these rights are not automatically conferred; they must be formally requested and granted by a court, which will evaluate what is in the best interests of the child.

### Can an unmarried father get joint custody?

In Illinois, the terminology has shifted away from “custody.” Instead, the courts focus on allocating:

**Significant Decision-Making Responsibilities** – This includes authority over major decisions affecting the child’s life, such as schooling, healthcare, and religious practices.

**Parenting Time Schedules** – This pertains to the detailed plans regarding how much time each parent will spend with the child. If an unmarried father can demonstrate a consistent level of involvement in the child’s life, a stable home environment, and a genuine commitment to the child’s well-being, he may be granted joint decision-making responsibilities and substantial parenting time.

### What factors does the court consider when allocating parental responsibilities?

The court’s paramount concern is the best interests of the child. To determine this, several critical factors are taken into account, such as:

**The Child’s Relationship with Each Parent** – How strong is the emotional bond between the child and each parent?

**Each Parent’s Ability to Provide a Stable Environment** – This includes considerations of housing, safety, and emotional support.

**Willingness to Foster Relationships** – Each parent’s readiness to support the child’s relationship with the other parent is crucial.

**History of Abuse, Neglect, or Substance Use** – Any history that may affect the child’s safety and well-being will be thoroughly investigated.

**Child’s Wishes** – Depending on the child’s age and maturity level, their preferences may be taken into account. Ultimately, parental rights are determined by the child’s needs and circumstances rather than the gender or marital status of the parents.

### Can a mother deny visitation if the father hasn’t paid child support?

No, a mother cannot legally deny an unmarried father court-ordered visitation rights due to unpaid child support. Visitation and child support are treated as separate legal matters. If child support is owed, enforcement should be managed through the Illinois Department of Healthcare and Family Services or through the court system, rather than by obstructing access to the child.

### What if the mother refuses to sign the Voluntary Acknowledgment of Paternity?

If the mother is unwilling to sign the Voluntary Acknowledgment of Paternity, the father still has legal options. He can file a petition in court to establish paternity, at which point the court may order DNA testing to confirm the biological relationship. If paternity is established, a judicial paternity order will be issued, enabling the father to pursue parental responsibilities.

### Can an unmarried father be required to pay child support?

Yes, once paternity is established, the father is legally obligated to provide financial support for his child. Illinois employs the Income Shares Model to calculate child support, which considers both parents’ incomes and the allocation of parenting time. This support may cover a variety of expenses, including medical costs, daycare, and extracurricular activities, ensuring the child’s needs are met.

## Contact Our Child Custody Lawyer In Chicago Today

At Gordon & Perlut, LLC., we provide the trusted legal guidance clients need when dealing with issues pertaining to paternity and fathers’ rights in Illinois. To discuss your case, call Gordon & Perlut, LLC. at 312-360-0250 to meet with our [child custody attorneys in Chicago](https://familylawadvocate.com/divorce/child-custody/) for a [free consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** Child Custody

**Tags:** Child Custody

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### [5 Key Things to Know About Spousal Support](https://familylawadvocate.com/5-key-things-to-know-about-chicago-spousal-support/)

**Published:** January 15, 2020
**Author:** familylawadvocate

**Content:**

## Spousal Support in Illinois

If you are getting divorced in Chicago pr the surrounding area, it is important to know some key things about [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/) — also known as alimony or [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) — under Illinois law. Generally speaking, the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) (IMDMA) governs most legal issues related to support. Here are five key topics every person should know about spousal support if they are planning to get divorced in Illinois.

### Paying Spouse Pays Income Taxes on Spousal Support

Under new federal tax laws, the spouse who pays spousal support is the one who pays income taxes on the amount — as opposed to the spouse receiving the support. The opposite used to be true, with the spouse receiving the support paying taxes on it. The Illinois spousal support guidelines consider this change in the law when it provides a formula for calculating the total amount of spousal support or maintenance that will be paid.

### For Most Parties, Courts Will Use a Formula to Calculate the Amount of Spousal Support

Under Illinois law, if a married couple getting divorced collectively earns less than $500,000 per year, then the court will typically apply a formula under spousal support guidelines. How does that formula work? The court will take 33.33 percent of the paying spouse’s net income and subtract 25 percent of the receiving spouse’s net income. The amount remaining is the total amount of spousal support to be awarded, but not exceed 40% of the total family income.

### Length of the Marriage Determines the Duration of Spousal Support in Most Cases

If the court determines the guidelines are appropriate to use because a couple earns less than $500,000 per year when their salaries are considered together, then the court will also use a formula in the guidelines for calculating the duration of the spousal support award. The duration is based on the length of the marriage. For a marriage that lasted fewer than five (5) years, the duration of the support award is the length of the marriage multiplied by a “statutory factor” of .20. For example, if a marriage lasted for two (2) years, the spousal support award duration would be for .40 years (2 years x 0.20 = 0.40).

The statutory factor increased for additional years of marriage. For example, a marriage that lasted at least five (5) years but fewer than six (6) is multiplied by .24. To jump ahead, a marriage that lasts at least 10 years but fewer than 11 is multiplied by .44. For 20 years or more of marriage, the support award may have an indefinite duration.

### Courts Do Not Automatically Consider Spousal Maintenance

In order to receive spousal support, the spouse seeking it needs to ask for it through proper legal methods. To be clear, the court will not automatically consider whether one of the spouses is entitled to receive spousal support unless that spouse requests it.

### Courts Must Decide Whether Spousal Maintenance is Appropriate Before Determining the Amount and Duration of the Award

Before the court ever decides the amount or duration of a spousal support award, it will first look to a wide variety of statutory factors to determine whether a spousal support award is appropriate in the specific circumstances.

## Frequently Asked Questions About Spousal Support in Illinois

### What is spousal support?

Spousal support is a legally mandated financial contribution made by one spouse to the other during or after the divorce process. Its primary objective is to ensure that the lower-earning spouse can maintain a standard of living similar to that experienced during the marriage, thereby aiding their transition into financial independence.

### Who qualifies for spousal support in Illinois?

In Illinois, either spouse has the right to request maintenance. When considering a request for spousal support, the court examines a multitude of factors, including:

- The income and property of each party, providing insight into their financial standings.
- The specific needs of each party, recognizing that circumstances can vary widely.
- The length of the marriage, influencing the duration and amount of support.
- The ages, health statuses, and employability of both spouses to assess their ability to earn income.
- The contributions made by each spouse to the marriage, such as homemaking and child-rearing.
- The time required for the recipient to gain education or training to become self-supporting.

It’s important to note that there is no automatic right to spousal support; each situation is assessed on its own merits.

### How is the amount of spousal support calculated?

For couples whose combined gross income is below $500,000 and where there are no deviations for child support, Illinois utilizes a specific statutory formula to calculate the maintenance amount. This formula involves taking 33.3% of the payor’s net income and subtracting 25% of the recipient’s net income. The resulting figure cannot exceed 40% of the combined net income of both spouses. In cases where couples have higher incomes or where the formula may yield an unjust outcome, judges have the discretion to deviate from this formula and consider a more comprehensive range of factors as defined by law.

### How long does spousal support last?

The duration of spousal support is intricately linked to the length of the marriage, employing a sliding scale that reflects this relationship. For marriages lasting less than five years, spousal support may be awarded for 20% of the number of years married. For unions lasting longer than 20 years, the court may award maintenance equal to or even exceeding the duration of the marriage, potentially resulting in permanent support. This structure recognizes the varying financial dependencies that arise based on the time spent together as a married couple.

### Can spousal support be modified?

Yes, maintenance orders are not set in stone; they can be modified in response to substantial changes in circumstances. Such changes might include:

- Significant job loss or alteration in income that impacts the payor’s ability to provide support.
- Emerging health issues that affect either spouse’s capacity to earn income.
- Retirement, potentially altering financial dynamics.
- The remarriage or cohabitation of the recipient, which may affect their financial needs.

Modifications must go through the court system, requiring both approval and relevant documentation to substantiate the request.

### What happens if the paying spouse does not comply?

Noncompliance with a spousal support order can have serious consequences. If the paying spouse fails to meet their obligations, they may face:

- Wage garnishment, where a portion of their salary is automatically deducted to fulfill support payments.
- Legal repercussions including contempt of court, which can lead to further penalties.
- Seizure of assets to cover unpaid amounts.
- Suspension of professional or driver’s licenses.

Additionally, the Illinois Department of Healthcare and Family Services (HFS) may intervene to aid in enforcement, particularly if payments are processed through the State Disbursement Unit.

### Is spousal support taxable?

As of January 1, 2019, under current federal law, spousal support is no longer classified as taxable income for the recipient nor is it deductible for the payer. This change only applies to divorce agreements finalized after this date; agreements established prior to this change may still observe the former tax regulations unless they have been modified.

### Can spousal support be waived?

Yes, waiving maintenance is an option available to spouses. This can occur through a prenuptial or postnuptial agreement or as part of a divorce settlement. For such waivers to be valid, they must be made voluntarily, based on informed consent, and should not be unconscionable at the time they are enforced.

### How does spousal support differ from child support?

While spousal support focuses on the financial needs of the former spouse, child support specifically addresses the requirements related to the care and upbringing of children. These two forms of support are calculated using different methods, although both can be awarded within the same legal case. [Child support in Illinois follows a distinct formula under the Income Shares Model](https://hfs.illinois.gov/content/dam/soi/en/web/hfs/sitecollectiondocuments/incomesharesfaq.pdf), highlighting the unique priorities associated with each type of support.

In summary, spousal support in Illinois is designed to foster fairness and ensure financial stability in the aftermath of divorce. If you find yourself navigating the complexities of maintenance—whether you are seeking it or responding to a request—it’s critical to understand the legal framework and options available to you. Seeking the expertise of a family law attorney can provide valuable guidance in this process and safeguard your interests.

## Contact Our Chicago Spousal Support Lawyer

If you have questions about spousal support in Illinois, either as a paying or receiving spouse, it is important to discuss your concerns with a [Chicago spousal support attorney](https://familylawadvocate.com/maintenance-aka-alimony/). An advocate at our firm is here to answer your questions. [Contact M. Scott Gordon & Associates](https://familylawadvocate.com/contact-us/) for more information about how we help with divorce matters in the Chicago area.

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### [Does A Primary Custodial Parent Have More Rights?](https://familylawadvocate.com/does-a-primary-custodial-parent-have-more-rights/)

**Published:** January 8, 2024
**Author:** familylawadvocate

**Content:**

## Child Custody

Illinois’ family law statutes encompass many complex and sensitive issues, among which the topic of primary custodial parents stands out as particularly significant. In Illinois, as in many other states, determining who becomes the primary custodial parent following a separation or divorce is of considerable legal importance. We will examine this crucial aspect of Illinois family law and explain the nuances that dictate how primary custodial parents are defined, as well as the legal implications tied to this status.

Custody, in the broadest sense, refers to a [parent’s legal rights and responsibilities](https://familylawadvocate.com/divorce/child-custody/) towards their child. It is a legal concept that determines who has the authority to make significant decisions in a child’s life and who will take care of the child daily. The gravity of custody arrangements cannot be overstated. These decisions shape the child’s future, influencing their upbringing, their access to education, healthcare, and even their psychological well-being. In Illinois, the courts approach custody with the child’s best interests at heart, a principle that guides all decisions in family law. This focus on the child’s well-being is paramount and underscores the entire process of determining custody arrangements.

However, custody is more than just a single, unvarying legal declaration. It can come in various forms, each having distinct implications for the rights and responsibilities of parents. The primary custodial parent, typically, is the one with whom the child resides most of the time. And while this affects the schedule, the more important question is who makes decisions regarding the child; pivotal decisions regarding the child’s education, health care, and even cultural or religious upbringing.

### Determining Primary Custody

In Illinois, determining a primary custodial parent is a process steeped in careful legal consideration. The court examines many factors to ensure that the decision aligns with [the child’s best interests](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2497&ChapterID=59). Factors such as the child’s age, the parent’s lifestyle, the emotional bonds between the parent and child, and the parent’s ability to provide a stable and nurturing environment are all meticulously evaluated.

This concept of custody, especially the role of the primary custodial parent, plays a crucial part in shaping the post-divorce family structure. From a broad perspective, the Court must decide the schedule of parenting time, and also who makes decisions regarding the child. This lays the groundwork for the child’s future development and well-being. Understanding the legalities and implications of being a primary custodial parent who is awarded decision-making authority in Illinois is not just a matter of legal importance but also a step towards ensuring that the child’s interests and welfare are preserved and promoted in the wake of family disruptions.

We will dig deeper into the intricacies of being a primary custodial parent in Illinois. We aim to provide a comprehensive understanding of the legal rights, responsibilities, and challenges that come with this crucial role in family law.

### Understanding Child Custody in Illinois

In the landscape of Illinois family law, understanding the nuances of custody is essential for grasping the rights and responsibilities of parents following separation or divorce. This section provides a detailed exploration of key terms and the legal framework governing child custody in Illinois, along with an insight into how custody decisions are made in the state’s courts.

### Defining Key Custody Terms

1\. Primary Custodial Parent – This term refers to the parent with whom the child lives for the majority of the time. The primary custodial parent is responsible for the day-to-day care.

2\. Non-Custodial Parent – The non-custodial parent, in contrast, is the parent who does not have primary physical custody of the child. However, this parent often retains important rights, such as parenting time, and may also have a say in major decisions affecting the child’s life.

3\. Joint Custody – Joint custody is an arrangement where both parents have an equal say in making major decisions for the child, although the child may primarily reside with one parent.

4\. Sole Custody – This term applies when only one parent has the legal right to make major decisions about the child’s upbringing and welfare. In sole custody cases, the non-custodial parent typically has parenting time but limited decision-making authority.

### The Legal Framework in Illinois

In Illinois, child custody is governed by the Illinois Marriage and Dissolution of Marriage Act, which prioritizes the best interests of the child. The state’s approach to custody is rooted in ensuring the child’s well-being, stability, and health, both emotional and physical. Illinois law recognizes that each family is unique and thus requires a personalized approach to custody decisions.

### Decision-Making in Illinois Courts

When determining custody, Illinois courts comprehensively evaluate various factors to ascertain what arrangement best serves the child’s interests. These factors include but are not limited to, the wishes of the child (considering their age and maturity), the mental and physical health of all parties involved, the child’s adjustment to their home, school, and community, and the willingness of each parent to facilitate a close and continuing relationship between the child and the other parent.

In this process, the courts meticulously analyze each parent’s ability to provide for the child’s needs, the level of each parent’s past involvement in the child’s life, and any history of domestic violence or substance abuse. This holistic approach ensures that the custody decision is tailored to the specific dynamics and needs of the child and the family involved.

Moreover, Illinois courts have moved away from traditional notions of custody and visitation, instead adopting the terms “allocation of parental responsibilities” and “parenting time.” This shift reflects a more modern understanding of parenting roles and the importance of both parents’ involvement in the child’s life, regardless of marital status.

In summary, custody in Illinois is a multi-faceted concept, shaped by legal definitions, a child-centric legal framework, and a thorough judicial process. Understanding these aspects is crucial for any parent navigating the complexities of custody arrangements in the state.

### Legal Rights of the Primary Custodial Parent in Illinois

In Illinois, the designation of a primary custodial parent carries with it a specific set of legal rights and responsibilities pivotal to the upbringing and welfare of the child. These rights are distinctly defined and contrasted with those held by the non-custodial parent, illustrating the legal framework’s approach to post-divorce or separation parenting.

#### Decision-Making Authority

One of the most significant rights of a parent in Illinois is the authority to make key decisions in the child’s life. Whether this is sole or joint decision making, it covers critical areas such as:

1\. Education – the right to make decisions regarding the child’s educational needs. This includes choices about schooling, such as selecting educational institutions, participation in special education programs if necessary, and involvement in extracurricular activities.

2\. Health Care – This right encompasses the child’s medical, dental, and psychological care decisions. Choice of healthcare providers, making decisions about medical treatments, and addressing mental health concerns.

3\. Religious Upbringing – authority to make decisions about the child’s religious education and practices. This includes determining the religious institutions the child may attend and the extent of religious activities in which the child participates.

#### Residential Responsibilities

Apart from decision-making authority, the primary custodial parent holds the responsibility for the child’s residential arrangements. This role involves providing the child with a stable and safe living environment, catering to their daily needs such as housing, nutrition, physical care, and emotional support. The primary custodial parent’s residence typically becomes the child’s primary residence, which forms the basis for the child’s routines, including school and social activities.

#### Comparison with Non-Custodial Parent’s Rights

This parent also must provide an appropriate home for the minor child during their parenting time, and depending upon allocation of decision making may have input on decisions. In [joint custody arrangements](https://www.dhs.state.il.us/page.aspx?item=13298), both parents share decision-making responsibilities equally.

The non-custodial parent typically has designated parenting time or visitation rights, allowing them to maintain a relationship with the child. This time is crucial for the child’s emotional well-being and is protected under Illinois law.

The legal rights of the primary custodial parent in Illinois encompass extensive decision-making authority (which may be shared with the other parent) and residential responsibilities, ensuring that the primary focus remains on the child’s best interests. Understanding these distinctions is crucial for both parents to navigate their roles and responsibilities effectively post-separation or divorce.

## Frequently Asked Questions About Custodial Parent Rights In Illinois

### What does “custodial parent” mean in Illinois?

In Illinois, the term “custody” is no longer used in legal proceedings. Instead, the law refers to the “allocation of parental responsibilities,” which includes two main components:

**Decision-Making Authority** – This encompasses decisions related to education, healthcare, religion, and extracurricular activities.

**Parenting Time** – Formerly known as visitation, this refers to the time a parent spends with the child. The parent who has the majority of parenting time is often informally referred to as the “custodial parent.”

### What rights does the custodial parent have?

Custodial parents typically have the following rights:

- The right to make day-to-day decisions for the child.
- The right to receive child support from the noncustodial parent.
- The right to access the child’s school and medical records.
- The right to be consulted on major decisions if shared decision-making is ordered.

These rights are detailed in the parenting plan approved by the court.

### Can the custodial parent relocate with the child?

Under [Illinois law (750 ILCS 5/609.2)](https://www.dcba.org/page/v30AlexFawell), a custodial parent must seek court approval to relocate if:

- The move is more than 25 miles from the child’s current residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties.
- The move is more than 50 miles from other counties in Illinois.
- The move is out of state.

The court will assess the child’s best interests, taking into consideration factors such as educational opportunities, family ties, and the potential impact on the relationship with the other parent.

### Can the custodial parent deny visitation?

No, parenting time is a court-ordered right. If the noncustodial parent is violating the order or poses a danger, the custodial parent must seek a modification through the court. Denying access without legal approval can result in penalties.

### What if the other parent isn’t paying child support?

Child support and parenting time are separate issues. A custodial parent cannot withhold visitation due to unpaid child support. Instead, enforcement should be pursued through the Illinois Department of Healthcare and Family Services or the court system.

## Contact Our Chicago Family Law Attorneys Today

If you need legal assistance or want to speak with our qualified child custody attorney in Chicago concerning family law issues, please [contact our law firm](https://familylawadvocate.com/contact-us/) at [(312) 360-0250](tel:13123600250) for a legal consultation.

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### [High-Conflict Divorce In Illinois: Strategies To Protect Yourself](https://familylawadvocate.com/high-conflict-divorce-in-illinois-strategies-to-protect-yourself/)

**Published:** September 30, 2025
**Author:** familylawadvocate

**Content:**

Divorce is difficult under any circumstances, but when emotions run high and disputes are constant, a high-conflict divorce can feel overwhelming. We often see these cases when couples cannot agree on issues such as child custody, parenting time, or the division of significant (or even minor) assets. The stress of a high-conflict divorce can take a heavy toll on your well-being, your finances, and your children. That is why it is essential to understand your rights under Illinois law and develop strategies to protect yourself during the process.

Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/101](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=8675000&SeqEnd=12200000)), the court must resolve key matters such as property division, spousal maintenance, and parenting arrangements. In high-conflict situations, these decisions are frequently challenged, leading to extended litigation. By anticipating the tactics that may be used against you and preparing your case carefully, you can preserve your financial stability and protect your relationship with your children.

## Understanding The Nature Of High-Conflict Divorce

A high-conflict divorce often involves repeated court appearances, disputes over minor issues, and refusal by one party to compromise. While disagreement is common in divorce, a high-conflict case is marked by constant litigation and attempts to control or punish the other spouse. In Illinois, judges have discretion to sanction parties who abuse the process, but until orders are entered, conflict can escalate quickly.

### Protecting Your Financial Interests

Property division in Illinois follows the principle of equitable distribution, as outlined in [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K503.htm). This means the court divides marital property fairly, though not necessarily equally. In high-conflict divorces, one spouse may try to hide assets, undervalue property, or misrepresent income. We use discovery tools such as subpoenas, depositions, and forensic accountants to uncover the truth. Having clear financial records and documentation on hand is one of the most effective ways to protect your interests.

### Safeguarding Parenting Rights

Disputes over children are often at the center of high-conflict divorce. Illinois law requires that parenting decisions be made in the best interests of the child, under [750 ILCS 5/602.5](https://ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm). The court considers factors such as the child’s needs, each parent’s ability to provide a stable environment, and the willingness of each parent to encourage a relationship with the other parent. In high-conflict cases, allegations of unfitness or attempts to alienate the children from the other parent are common. We aggressively advocate for our clients to ensure parenting time and decision-making authority are protected.

### Managing Communication And Reducing Conflict

When conflict is high, every interaction has the potential to become evidence in court. We often advise clients to keep communications limited, clear, and preferably in writing. Using parenting apps or structured communication methods can reduce arguments and create records that can later be presented to a judge if necessary. Protecting yourself means remaining calm and avoiding unnecessary disputes, even when the other spouse is trying to provoke a reaction.

### Preparing For Court

Although many divorces can be resolved through settlement, high-conflict divorces often end up before a judge. Under [750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm), either party may petition for dissolution of marriage, and the court has authority to decide unresolved issues. In these situations, we prepare aggressively by gathering evidence, lining up witnesses, and crafting arguments that highlight credibility, financial transparency, and parental involvement. A strong courtroom strategy is essential to achieving the best possible outcome.

## FAQs About High-Conflict Divorce In Illinois

### What Makes A Divorce “High-Conflict”?

A divorce becomes high-conflict when disputes are constant, cooperation is minimal, and one or both spouses refuse to compromise. This often results in frequent court hearings, contested motions, and higher legal costs.

### How Does The Court Handle Constant Disputes Between Spouses?

Judges in Illinois have discretion to issue sanctions or limit unnecessary motions when one party is acting in bad faith. Courts focus on efficiency and may order mediation or appoint a parenting coordinator if the disputes primarily involve children.

### Can One Spouse Hide Assets During A High-Conflict Divorce?

Yes, it is a common tactic, but Illinois law provides tools to address it. Through discovery and forensic accounting, hidden assets can be uncovered. If the court finds that one spouse attempted to conceal property, the judge can order an unequal division of assets in favor of the other spouse.

### What Role Does Child Custody Play In High-Conflict Divorces?

Parenting disputes are often the most contentious part of high-conflict divorces. Courts will always prioritize the best interests of the child and may limit parenting time or decision-making authority if one parent engages in harmful behavior.

### Is Mediation Possible In A High-Conflict Divorce?

Mediation is still possible, but its success depends on the willingness of both parties to participate in good faith. In cases where one spouse refuses to cooperate, litigation may be the only way to resolve the disputes.

### How Long Can A High-Conflict Divorce Take In Illinois?

These cases often take significantly longer than uncontested divorces. While some divorces may conclude within a year, high-conflict cases can extend several years due to ongoing disputes and court involvement.

## Call Gordon & Perlut, LLC For A Free Phone Consultation

At Gordon & Perlut, LLC, we know how draining and disruptive a high-conflict divorce can be. Our attorneys are relentless advocates, prepared to fight for your financial stability and parenting rights.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout Illinois and will stand by you every step of the way.

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### [Can You Get Divorced In Illinois If You Don’t Know Where Your Spouse Is?](https://familylawadvocate.com/can-you-get-divorced-in-illinois-if-you-dont-know-where-your-spouse-is/)

**Published:** September 22, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we understand that divorce is challenging enough without the added stress of not knowing where your spouse is. Many people believe that divorce cannot proceed unless both parties are present, but Illinois law provides a process for these difficult situations. If you have made every effort to locate your spouse but cannot find them, you may still be able to move forward with your divorce.

## Understanding Illinois Divorce Law When A Spouse Cannot Be Located

Illinois allows for divorce even when one spouse is missing. Under [750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm), the court can dissolve a marriage if one spouse files a petition and the marriage is considered irretrievably broken. Normally, both parties must be notified of the proceedings. However, when a spouse cannot be found, Illinois law allows for service by publication under [735 ILCS 5/2-206](https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K2-206.htm).

Service by publication is a process that lets you notify your spouse through a newspaper or other approved publication after you have made diligent efforts to locate them. The court requires proof that you made reasonable attempts to find your spouse before granting permission to serve by publication. This may include:

- Checking last known addresses.
- Contacting family members or friends.
- Searching public records or social media.

Once service by publication is approved and completed, the court can proceed with the divorce even if your spouse never responds or appears.

### What The Court Can And Cannot Decide Without Your Spouse Present

A divorce finalized through service by publication allows the court to legally end the marriage. However, certain issues may not be resolved without your spouse’s participation, such as division of property, allocation of debts, spousal support, child support, and custody. Courts typically require personal service or your spouse’s appearance to make binding decisions on these matters.

This means you can end the marriage, but you may have to address financial or custody issues later if your spouse resurfaces.

### Importance Of Legal Guidance

The process for divorcing a missing spouse is complex and requires strict compliance with Illinois rules for due process. Any mistakes in filing or service could delay your case or cause the court to dismiss it. Working with experienced attorneys ensures you follow all necessary steps to protect your rights and obtain a valid divorce judgment.

## Frequently Asked Questions About Divorcing A Missing Spouse In Illinois

### What Counts As A Diligent Search For A Missing Spouse?

Courts expect you to take reasonable steps to locate your spouse, such as checking past residences, contacting known relatives or friends, searching online, or using public databases. You may also hire a private investigator. Documenting all your efforts is essential for the court to grant service by publication.

### How Long Does The Service By Publication Process Take?

The notice must be published in a newspaper approved by the court once a week for three consecutive weeks. After publication, the spouse has a set period to respond, usually 30 days, before the court proceeds with the divorce.

### Can I Get Child Custody Orders If My Spouse Cannot Be Found?

In most cases, custody orders require personal service to the other parent. The court may issue temporary orders if the child’s safety is at risk, but final custody determinations often need your spouse’s participation or confirmation of proper service.

### Can Property And Debt Be Divided Without My Spouse Present?

Generally, the court cannot divide property, debts, or award spousal support without personal service. These issues may be left unresolved until your spouse is found and properly served.

### Will My Spouse Still Be Legally Bound By The Divorce?

Yes. Once the court grants a divorce through service by publication, your marriage is legally ended in Illinois. If your spouse later appears, they cannot undo the divorce, although unresolved matters may then be addressed.

### What Happens If My Spouse Contacts Me During The Process?

If your spouse comes forward before the divorce is finalized, you can proceed with a standard divorce process where they are personally served, and all issues can be addressed in court.

## Call Gordon & Perlut, LLC For Guidance On Divorcing A Missing Spouse In Illinois

At Gordon & Perlut, LLC, we help clients across Chicago and throughout Illinois handle complex divorce cases, including those where a spouse cannot be located. Our experienced attorneys can guide you through the process, ensure all legal requirements are met, and help you secure a valid divorce judgment.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We are here to protect your rights and help you take the next steps forward.

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### [Why Use a Divorce Attorney for Men in the Chicago Area?](https://familylawadvocate.com/why-use-a-divorce-attorney-for-men-in-the-chicago-area/)

**Published:** December 30, 2020
**Author:** familylawadvocate

**Content:**

**Why Use a Divorce Attorney for Men in the Chicago Area?**

**By: Gordon & Perlut, LLC**

If you are anticipating a divorce in the Chicago area, you are likely wondering how a divorce attorney can assist with your case and whether you should seek out a [divorce attorney for men in Chicago](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/). While an experienced Chicago area divorce attorney can provide legal assistance to men and women alike in divorce cases governed by the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)), it is often beneficial for men who are going through a divorce to have a dedicated lawyer who routinely serves men in divorce proceedings. We want to tell you some of the reasons why a divorce lawyer for men in the Chicago area can help with your case.

## Advocating for Fathers’ Rights in Child Custody Disputes

If you have minor children from your marriage, your divorce will include child custody, which is now known as an allocation of parental responsibilities under Illinois law. Parental responsibilities include both significant decision-making responsibilities (what you might have known previously as legal custody), and parenting time (what you might have known previously as visitation). Your divorce attorney for men can advocate for your right to parental responsibilities and can show that your ability to make significant decisions about your child’s upbringing and to spend a substantial amount of time providing caretaking functions to your child is in the child’s best interests.

### Considering Gender Biases in Child Custody Cases

Many fathers have concerns about gender bias in child custody cases. Specifically, fathers who are going through a divorce involving minor children from the marriage worry that the court will assume it is better for the child, or in the child’s best interest, to spend more time with the mother. While courts in Illinois and across the country have been combating these harmful stereotyping and biased assumptions, fathers who are getting divorced can nonetheless benefit from having an experienced attorney who knows about the specific kinds of biases that men can face in child custody cases.

### Addressing Gender Biases in Spousal Maintenance

Beyond issues that men can face concerning bias in child custody cases and matters concerning the family, many men who are planning for a divorce also have concerns about how gender biases could affect spousal maintenance awards. For instance, men in the Chicago area often worry that, since they were the primary earners during their marriage, that their soon-to-be ex-wife will be awarded a high amount of alimony or spousal maintenance due to gender bias and assumptions about who pays for what after a divorce. Our divorce lawyers for men can help to alleviate your concerns and to help you understand how spousal maintenance is determined and awarded in Chicago area divorces.

## Frequently Asked Questions About Illinois Divorce Lawyers For Men

### Do men have equal rights in Illinois divorce cases?

Absolutely. In Illinois, the law ensures that both spouses are treated equally, irrespective of their gender. This commitment to equality means that courts make their decisions based on factual evidence rather than outdated stereotypes. Men possess the same legal rights as women concerning:

**Custody and parenting time** – The ability to spend significant time with their children and participate in decisions concerning their upbringing.

**Equitable property division** – A fair distribution of assets acquired during the marriage, rather than a simple 50/50 split.

**Spousal maintenance (alimony)** – The right to seek financial support following a divorce, which can be crucial for those who relied on their partner’s income.

**Child support** – The opportunity to both pay and receive child support, ensuring that children’s needs are met regardless of which parent they live with primarily.

It’s important to note that while the law is designed to uphold fairness, societal biases can still influence case outcomes. Hence, securing skilled legal representation becomes vital.

### What should I look for in a divorce lawyer for men?

When searching for an attorney, prioritize those who:

Specialize in family law and possess a wealth of experience representing male clients, enabling them to understand the unique challenges men may face.

Understand the nuances of father’s rights and the importance of protecting one’s financial interests during a divorce.

Communicate clearly and advocate assertively on your behalf, ensuring that your voice is heard throughout the process.

Offer realistic expectations, guiding you honestly about potential outcomes instead of making unsubstantiated claims of victory. While some firms may market themselves as “[men’s divorce lawyers](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/),” the focus should not just be on marketing but rather finding an attorney who genuinely comprehends your situation and fights for your right to fair treatment.

### Can men get custody of their children?

Certainly. Illinois no longer uses traditional terminology such as “custody” and “visitation.” Instead, the legal system prioritizes allocating parental responsibilities and parenting time in the best interest of the child. Fathers are increasingly winning:

**Joint or sole decision-making authority** – Granting them power in critical decisions regarding their children’s education, health, and welfare.

**Equal or majority parenting time** – Providing the opportunity to spend a considerable amount of time with their children, fostering stronger relationships.

**Participation in key decisions** – Dads have the legal backing to be involved in their children’s educational, healthcare, and religious choices.

The court evaluates each parent’s engagement, stability, and ability to co-parent effectively, placing little weight on gender.

### Will I have to pay child support or alimony?

Potentially. [Illinois employs the Income Shares Model](https://hfs.illinois.gov/childsupport/parents/incomeshares.html) for calculating child support, which assesses both parents’ income levels and the amount of parenting time each parent has. If you earn a higher income or have less time with the children, you may be responsible for child support payments. The determination of spousal maintenance is influenced by several factors, including:

**Length of the marriage** – Longer marriages may result in more substantial maintenance obligations.

**Income disparity** – between the spouses: Consideration is given to how much more one spouse earns compared to the other.

**Standard of living during the marriage** – The courts aim to maintain a similar quality of life post-divorce, which can significantly influence alimony decisions.

Interestingly, men also have the right to receive alimony if their spouse has significantly higher earnings, challenging the traditional norms associated with spousal support.

### How can I protect my assets during a divorce?

Engaging a knowledgeable lawyer can be incredibly beneficial in safeguarding your financial interests. They can assist you with:

Identifying and separating non-marital property such as inheritances or assets acquired before the marriage, ensuring they remain yours.

Ensuring accurate valuation of marital assets, so that every asset is rightly accounted for and fairly divided.

Negotiating a fair division of retirement accounts, business interests, and real estate, which can be complex and require careful handling.

Avoiding hidden liabilities or unfair settlements by being vigilant about potential pitfalls and having a clear plan.

Illinois operates on the principle of equitable distribution, meaning that while assets are divided fairly, they are not always split equally, taking into account various factors.

### Are there law firms that focus specifically on men?

Yes, certain law firms brand themselves as advocates for men in divorce situations. While this marketing may resonate with male clients seeking specialized support, it’s crucial to thoroughly assess the attorney’s experience, reputation, and overall approach. The best representation comes from a lawyer who not only understands the unique needs of men but also passionately fights for your rights and interests throughout the divorce process, regardless of gender.

## Contact Our Chicago Divorce Lawyer for Men

If you are anticipating a divorce case soon, or if your spouse has already filed for divorce and you have been served with divorce papers, one of the dedicated Chicago divorce attorneys for men at Gordon & Perlut, LLC can assist you with your case. The advocates at our firm have years of experience representing men in divorce and child custody cases in Cook County, Lake County, and Du Page County. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250 for more information.

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### [Estate Planning Updates After Divorce: What Steps Should I Take?](https://familylawadvocate.com/estate-planning-updates-after-divorce-what-steps-should-i-take/)

**Published:** August 11, 2020
**Author:** familylawadvocate

**Content:**

**Estate Planning Updates After Divorce: What Steps Should I Take?**

**By: Gordon & Perlut, LLC**

When you are in the process of [getting divorced in the Chicago](https://familylawadvocate.com/divorce/) area, you are likely focused on immediately relevant issues, such as the division of marital assets and liabilities, and issues pertaining to parental responsibilities. It is often difficult to think through all the steps you will need to take *after* your divorce is finalized as a result of a dissolution of marriage.

One important area of the law you do need to consider after your divorce is finalized is estate planning, or trusts and estates law. Whether you have previously worked on estate planning documents or have no idea what estate planning involves, it is essential to make certain estate planning updates after your [divorce](https://familylawadvocate.com/divorce/).

Estate planning is an area of the law in which you make various decisions about what will happen to assets after your death – as well as decisions about how you want your healthcare to be managed in the event you are unable to make those kinds of decisions for yourself. Since most estate planning decisions for married couples involve both spouses, after a divorce is finalized, it is necessary to reconsider various issues pertaining to trusts and estates in Illinois. The following are some steps you should take after your divorce.

### Revisit Your Will

The [Illinois Probate Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2104&ChapterID=60) governs most legal issues related to wills in Illinois. If you have a will created during your marriage, chances are good you have left most if not all of your property to your spouse. Simply getting divorced does not result in any automatic changes to your will that you will almost certainly want; you will need to make revisions to your directives after your death.

### Consider Beneficiaries Listed on Your Accounts and Insurance Policies

In the event of your death, your retirement accounts and insurance policies have beneficiaries listed. Most married couples will list their spouse as the beneficiary. For most recently divorced spouses, it is important to change the beneficiary from your ex to an adult child or another family member. Although there are some protections, if you were to unexpectedly die and did not make this change, your ex-spouse could be entitled to funds in your accounts.

### Change Your Advance Directives

Advance directives are various documents allowing other people to make financial and health decisions for you in the event of your incapacitation. For example, a power of attorney for property allows another person to make decisions on your behalf about property – if you become unable to do so, while a power of attorney for healthcare allows another individual to make decisions about your medical treatment – if you become incapacitated. Most married couples will give a spouse power of attorney. After your divorce, you will likely want to update these documents to name someone new to make these kinds of decisions.

## Frequently Asked Questions on Estate Planning Updates After Divorce

### Do I need to update my will after divorce?

Yes, it is essential to update your will following a divorce. According to[ Illinois law (755 ILCS 5/4-7)](https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K4-7.htm), provisions in your will that designate your ex-spouse as a beneficiary are automatically revoked. However, this revocation applies only to gifts and appointments made before the divorce was finalized. Therefore, it is crucial to take the following steps when revising your will:

- Remove your ex-spouse as executor or beneficiary.
- Ensure that they no longer have any claims to your assets or decision-making authority.
- Update guardianship designations for minor children
- Reevaluate and, if necessary, revise who you wish to designate as guardians for your children.
- Reflect new family dynamics and preferences for asset distribution.

Consider how your relationships and financial situation have changed and make any necessary adjustments to how you want your assets distributed.

### What happens to beneficiary designations on life insurance and retirement accounts?

Beneficiary designations on non-probate assets such as life insurance policies and retirement accounts typically remain valid unless you actively change them. Under Illinois law, beneficiary designations are not automatically revoked upon divorce. This includes:

**Life Insurance Policies** – Your ex-spouse may still be the named beneficiary unless you update this designation.

**Retirement Accounts (e.g., 401(k), IRA)** – Your ex-spouse could inherit these assets if you do not make changes.

**Payable-on-Death Bank Accounts** – Similarly, these accounts will not automatically update to exclude your ex-spouse. To ensure your assets are distributed according to your current wishes, you must contact each financial institution and update these designations in writing.

### Should I revise my powers of attorney?

Absolutely. Powers of attorney for healthcare and property typically name your spouse as the agent responsible for making decisions on your behalf. While Illinois law automatically revokes these appointments upon divorce, it is wise to take proactive steps to ensure that your wishes are honored:

**Create New Powers of Attorney** – Establish new documents that appoint trusted individuals who align with your current values and preferences.

**Choose Trusted Individuals** – Reflect on who you want to act on your behalf, considering individuals who can make crucial decisions in situations of medical emergency or financial incapacity.

**Prevent Confusion** – By updating these documents, you can avoid any potential disputes or confusion regarding who has the authority to make important decisions for you.

### What about trusts that name my ex-spouse?

It is important to thoroughly review all trust documents following your divorce. If your ex-spouse is named in any of the following roles, you will need to take action:

**Trustee** – If your ex-spouse is serving as the trustee, it is crucial to replace them with someone you trust to manage the trust according to your intent.

**Beneficiary** – If they are designated as a beneficiary, consider amending the trust to redirect those benefits elsewhere.

**Guardian of Minor Children’s Inheritance** – Ensure that your children’s inheritance is protected by revising any provisions that allow your ex-spouse access to these funds. Additionally, you might consider creating new trusts to secure your children’s financial future and ensure that funds meant for their care or education are properly allocated and managed.

### How does divorce affect guardianship provisions?

Guardianship designations are critical components of an estate plan, particularly for parents with minor children. In light of your divorce, it is vital to align these designations with your current custody arrangements, which may have been established in your divorce decree:

**Name Appropriate Guardians for Minor Children** – Designate individuals who reflect your parenting philosophy and values.

**Include Backup Guardians** – Consider naming secondary guardians to ensure that your children are cared for in the event that your primary choice is unable or unwilling to serve.

**Reflect Your Parenting Philosophy and Family Relationships** – Your estate plan should clearly communicate your wishes regarding the care and upbringing of your children, taking into account any changes in your family dynamics.

### Are digital assets affected?

Yes, the management and distribution of digital assets are also impacted by divorce. As digital assets become more common, it is essential to address them in your estate planning:

**Update Access and Ownership** – Review the access rights and ownership of digital assets, including cryptocurrencies, online accounts, and digital media.

**Reassign Control of Digital Platforms** – Update who has access to your online banking, PayPal, Venmo, and other digital payment accounts to ensure that only trusted individuals can manage these assets.

**Ensure Your Estate Plan Accounts for Evolving Asset Types** – Your plan should address new types of assets that may not have existed when your initial estate plan was created.

### What if I forget to update my estate plan?

Neglecting to update your estate plan can lead to unintended consequences regarding how your assets are distributed upon your death. Without timely revisions:

**Your ex-spouse may inherit unintended assets** – This could include valuable properties, funds, or other assets you do not wish to pass to them.

**Estranged relatives could receive property** – If your estate plan is not updated, relatives you may not want to benefit from your estate could inherit according to outdated provisions.

**Your children’s inheritance may be mismanaged** – Failure to designate the appropriate guardians or trustees can result in mismanagement or improper allocation of your children’s assets. In such cases, if your will is deemed outdated or invalid, Illinois intestate succession laws will dictate how your estate is divided, potentially leading to outcomes that do not reflect your current intentions.

### When should I update my estate plan?

Ideally, you should update your estate plan immediately after your divorce is finalized to reflect your new circumstances. Moreover, it is advisable to revisit your plan periodically to ensure it remains current:

**After Major Life Changes** – Life events such as remarriage, the birth of children, or relocation to a new state should prompt a review of your estate plan to address any new dynamics or regulations.

**Every Few Years** – Regularly revisiting your plan, at least every few years, can help ensure that it remains aligned with your financial goals and complies with any changes in laws that may affect your estate planning. By addressing these critical aspects of your estate plan after a divorce, you can safeguard your assets and ensure that your wishes are followed in the event of unforeseen circumstances.

## Contact Our Chicago Divorce Lawyers for Assistance

Going through the legal issues in a divorce case can feel complicated, and we know you might not want to think about estate planning immediately after your divorce is finalized. However, failing to reconsider estate planning issues can have serious consequences. One of the experienced [Chicago divorce attorneys](https://familylawadvocate.com/contact-us/) at our firm can speak with you today about your situation and some of the specific estate planning issues you should revisit. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 to learn more about how our lawyers can help you with estate planning updates after your divorce.

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### [Why Does Jurisdiction Matter in Divorce Cases?](https://familylawadvocate.com/why-does-jurisdiction-matter-in-divorce-cases/)

**Published:** February 9, 2017
**Author:** familylawadvocate

**Content:**

**Why Does Jurisdiction Matter in Divorce Cases?**

By: M. Scott Gordon

When a married couple resides in the Chicago area and decides to [file for divorce](https://familylawadvocate.com/divorce/), the matter of jurisdiction does not come up too frequently. However, jurisdiction for a [divorce](https://familylawadvocate.com/divorce/) case can have significant effects on a case if one spouse lives in the Chicago area and the other lives out of state. In case you are not familiar with the term jurisdiction, in the most basic terms, it refers to a court’s power to hear a case, as the [Cornell Legal Information Institute](https://www.law.cornell.edu/wex/jurisdiction) (LII) explains.

Since a divorce case will not be heard in two different states (if the divorcing spouses live in different states), it is important to understand which court will have jurisdiction. Depending upon where the divorce filing occurs and which court hears a divorce case, issues like property division can be impacted in drastic ways.

### Divorce Jurisdiction and Venue in the News

The matter of jurisdiction in divorce cases can be a very complicated one, and it often requires a court to determine where the couple has the most “contacts” such that the case should be heard in that area. The issue of jurisdiction has arisen recently with regard to a prominent divorce case in Cook County, according to a[ recent article in the *Chicago Tribune*](http://www.chicagotribune.com/news/local/breaking/ct-jacksons-divorce-new-details-met-1228-20161228-story.html). As that article explains, former Chicago Alderman Sandi Jackson is currently “seeking a divorce from ex-U.S. Rep. Jesse Jackson Jr.,” but there is a significant debate concerning jurisdiction.

Sandi Jackson, as the article clarifies, filed for divorce in Washington, D.C., but Jesse Jackson Jr. filed for divorce in Cook County, Illinois. Two separate proceedings were set in Washington and Cook County. In the divorce, the court will have to contend with matters related to the couple’s 25-year marriage, including child custody issues (they have two teenagers from the marriage), child support, and spousal maintenance.

What factors does a court consider when deciding jurisdiction in a divorce matter? The article suggested that the judges in both filings will be considering “where the couple lives, where their assets are, and where their children reside.”

In an effort to have the case heard in Washington, Sandi Jackson argued that Jesse Jackson’s filing in Cook County should have been dismissed because he didn’t live in a house that he currently paid a mortgage on in Illinois. However, Jesse Jackson contended that the divorce should have been heard in Cook County because he “has been registered to vote in Illinois all his life and has an Illinois driver’s license.”

### Reasons that Jurisdiction Could Make a Difference in Your Divorce Case

Jurisdiction can matter for a number of different reasons, including but not limited to:

- Methodology for the division of marital property
- Methodology for the valuation of marital property
- Methodology for awarding spousal maintenance
- Methodology for analyzing and enforcing premarital agreements

For instance, Illinois is an [equitable distribution state](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) when it comes to property division in divorces. This means that the court will divide marital property in a way that is “equitable” — or fair — to both of the parties involved. Other states, however, are known as community property states, where spouses are assumed to equally own everything from the marriage. As such, spouses in community property states typically have both assets and debts of the marriage divided equally, even if that may not be the equitable solution.

Divorce jurisdiction refers to the legal authority a court has to hear and decide a divorce case. In the United States, jurisdiction is governed by state law. It is important to understand where and how to file for divorce, especially in cases involving spouses living in different states or countries. Below are answers to frequently asked questions that clarify the concept of divorce jurisdiction and help individuals navigate this fundamental aspect of family law

## Frequently Asked Questions About Divorce Jurisdiction

### What is Divorce Jurisdiction?

Divorce jurisdiction is the court’s legal power to hear and decide matters related to the dissolution of a marriage. This includes authority over the spouses, property, child custody, and support. Jurisdiction is typically based on residency requirements, meaning at least one spouse must live in the state where the divorce is filed.

### Where Can I File for Divorce?

You must file for divorce in a state where you or your spouse meet the residency requirements. Most states require that one party has lived in the state for a minimum period—commonly between six months to one year—before filing. For example:

- Oregon requires at least one spouse to be a resident at the time of filing.
- Illinois mandates a 90-day residency before finalizing the divorce.
- California requires six months of residency in the state and three months in the county.

You cannot file for divorce in a state where neither spouse has legal residence, even if you were married there.

### What If My Spouse Lives in Another State or Country?

You can still file for divorce in your state if you meet the residency requirements. However, the court may have limited jurisdiction over your spouse, particularly regarding property division or support. To exercise full jurisdiction, the court must establish personal jurisdiction over your spouse, which can be accomplished if:

- They are served with divorce papers in the state.
- They have significant ties to the state (e.g., property or employment).
- They consent to the court’s authority.

If your spouse lives abroad, you may need to follow international service of process and comply with treaties (e.g., the Hague Convention).

### Can Two States Have Jurisdiction Over the Same Divorce?

Yes, but only one state will ultimately proceed with the case. If both spouses file in different states, the court that first obtains jurisdiction typically continues with the case. Courts may also consider \*forum non conveniens\*, a legal principle that allows a court to decline jurisdiction if another state is more appropriate.

### How Does Jurisdiction Affect Child Custody?

Child custody jurisdiction is governed by the [Uniform Child Custody Jurisdiction and Enforcement Act](https://www.ojp.gov/pdffiles1/ojjdp/189181.pdf) (UCCJEA), which has been adopted by all U.S. states except Massachusetts. Under the UCCJEA:

- The child’s home state (where they have lived for the past six months) has jurisdiction.
- If the child has recently moved, the previous home state may retain temporary jurisdiction.
- Emergency jurisdiction may be granted if the child is in danger.

Custody orders issued in one state are enforceable in other states under UCCJEA rules.

### How Does Jurisdiction Affect Property and Support Orders?

To divide property or award spousal/child support, the court must have personal jurisdiction over both spouses. If your spouse lives out of state and does not consent to jurisdiction, the court may only dissolve the marriage, but not divide assets or issue support orders. In such cases, you may need to file additional actions in the state where your spouse resides.

### Can Jurisdiction Be Challenged?

Yes. If one party believes the court lacks jurisdiction, they can file a motion to dismiss or challenge the venue. Courts will examine residency, service of process, and statutory requirements before proceeding. Jurisdictional challenges are common in high-conflict or interstate divorces.

## Contact Our Divorce Lawyers in Chicago

Understanding divorce jurisdiction is critical to ensuring your case is heard in the correct court and that all relevant issues—property, custody, and support—are appropriately addressed. If you or your spouse live in different states or if international elements are involved, consulting a family law attorney is highly recommended.

If you have questions about [how jurisdiction issues could impact your divorce](https://familylawadvocate.com/how-immigration-status-impacts-an-illinois-divorce/), our experienced divorce lawyer in Chicago area can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 to learn more.

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### [Getting Divorced After a Long-Term Marriage: Things to Consider](https://familylawadvocate.com/getting-divorced-after-a-long-term-marriage-things-to-consider/)

**Published:** November 25, 2020
**Author:** familylawadvocate

**Content:**

**Getting Divorced After a Long-Term Marriage: Things to Consider**

**By: Gordon & Perlut, LLC**

If you have been married to your spouse for decades and you are now considering [divorce](https://familylawadvocate.com/divorce/), you are likely to encounter distinct issues that parties who have been married for a much shorter time will not need to take into account.

While there are many things to consider when you are planning for divorce after a long-term marriage, we want to discuss a couple of key issues with you. And if you have questions or concerns, you should always seek advice from an experienced [Illinois divorce attorney](https://familylawadvocate.com/divorce/).

## Spousal Maintenance May Be Awarded Permanently

Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), if one of the parties seeks spousal maintenance, the court will go through a two-step process. It will first determine whether spousal maintenance is appropriate and then will consider the amount and duration of the support award. For most parties, [spousal support](https://familylawadvocate.com/spousal-support-changes-in-illinois-respond-to-federal-tax-law/) (also described as maintenance or alimony) is calculated — assuming the court decides alimony is appropriate given the circumstances of the case — by subtracting 25 percent of the receiving spouse’s income from 33 percent of the paying spouse’s income. Then, the court will determine the duration of the alimony based on the length of the marriage.

The longer the marriage has lasted, the longer the duration of the spousal maintenance payment. For example, if a couple has been married for 10 years, the maintenance award is for 4.4 years. Once a couple has been married for 15 years, maintenance is awarded for 6.4 years. A 19-year marriage will result in a maintenance award with a duration of 8 years. If a divorcing couple has been married for 20 years or more, permanent maintenance can be awarded.

### Preparing for Retirement Could Be More Difficult

Most couples who have been in long-term marriages are older adults, often around the age of retirement. For many parties in long-term marriages, most if not all their retirement benefits will be classified as marital property and will be subject to distribution in the divorce. If both spouses worked equally during the marriage and earned similar retirement benefits and have ended up with similar retirement investments, property division might not be as significant an issue.

However, for many older adults who are getting divorced, one of the spouses was the primary earner during the marriage and thus is likely the party with the larger retirement investments. If those retirement accounts are classified as marital property, they will be subject to division and will be divided in such a way the court decides is fair to both spouses.

It is much more difficult to build up retirement accounts again if you are close to retirement age or you have recently retired. You may need to make contingency plans for retirement if you will be divorcing after a long-term marriage.

Divorce after a long-term marriage—often referred to as “gray divorce” when it involves couples over 50—is increasingly common in Illinois. These separations come with unique emotional and financial complexities, especially when decades of shared assets, retirement plans, and family dynamics are involved. Below are answers to frequently asked questions that illuminate the legal landscape and practical realities of ending a long-term marriage in Illinois.

## Frequently Asked Questions About Divorce After Long-term Marriage in Illinois

### Is Illinois a no-fault divorce state?

Indeed, Illinois operates as a pure no-fault divorce state. This means that the only ground for granting a divorce is “irreconcilable differences,” which indicate that the marriage has suffered an irretrievable breakdown. In this system, individuals do not need to present evidence of wrongdoing such as infidelity or abandonment. If the spouses have been living apart for at least six months, the court will generally assume that irreconcilable differences are present.

### What makes long-term marriages different in divorce proceedings?

Divorces that occur after long-term marriages bring unique complexities due to various factors, such as: –

**Commingled Assets** – In these marriages, assets—like retirement accounts, real estate properties, and business interests—are often intertwined, complicating the division process.

**Spousal Maintenance (Alimony) Considerations** – Financial support may need to be addressed, particularly if one spouse has been dependent on the other.

**Family Dynamics** – Adult children and relationships with extended family can significantly impact decision-making and emotional considerations during the divorce process.

**Health Care and Insurance Issues** – Health benefits and coverage may be a significant concern, especially concerning one spouse’s age or health status.

**Estate Planning Revisions** – Updating wills, trusts, and other estate documents becomes necessary to reflect the new reality post-divorce. Because of these factors, courts tend to adopt a more nuanced approach when dividing property and determining the allocation of spousal maintenance, especially when one spouse may have sacrificed career opportunities or has been financially dependent throughout the marriage.

### How is property divided in a long-term marriage?

In Illinois, the approach to[ property division is based on equitable distribution](https://www.divorcenet.com/resources/divorce/dividing-property-in-illinois.html), rather than an outright equal split. This means that the court strives to divide marital property in a manner that is fair, though it may not necessarily result in a straightforward 50/50 division. When it comes to long-term marriages, the court considers several key aspects:

**Length of the Marriage** –  Longer marriages may influence the court’s decisions regarding property division and maintenance support.

**Contributions of Each Spouse** – Both financial and non-financial contributions are evaluated, recognizing the value of homemaking or caregiving.

**Future Earning Capacity** – The potential earning ability of each spouse moving forward may affect the distribution of assets and support decisions.

**Health and Age of Both Parties** – The current health and age of the spouses can play a critical role in determining their future financial needs and capabilities.

**Retirement and Pension Benefits** – The handling of retirement benefits, which may take years to accumulate, is carefully assessed, ensuring fair distribution. Any assets acquired during the marriage are generally classified as marital property, even if they are solely titled in one spouse’s name.

### Will I receive spousal maintenance?

There is a possibility of receiving spousal maintenance, commonly known as alimony. In Illinois, courts utilize a formula to calculate maintenance if the combined gross income of both spouses is under $500,000 and no prior support obligations exist. For marriages that have lasted many years, the duration of maintenance may be calculated based on a multiplier related to the length of the marriage. For instance, **in a 20-year marriage, the outcome may result in permanent or indefinite maintenance**, particularly if one spouse is approaching retirement age or possesses limited earning potential.

### What happens to retirement accounts and Social Security?

Retirement accounts, including 401(k)s, IRAs, and pensions, are subjected to division if they were accrued during the marriage. To divide these accounts without incurring tax penalties, a [Qualified Domestic Relations Order](https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order) (QDRO) may be necessary. In addition, regarding Social Security benefits, if you were married for a decade or more, you may qualify to claim benefits based on your ex-spouse’s work record without impacting their benefits. This is especially relevant in cases of “gray divorce,” where older couples are separating later in life.

### Can I keep the marital home?

It is possible to retain the marital home, but this decision hinges on your financial circumstances and the court’s assessment of what is fair. Some spouses may negotiate to keep the home by offering other assets in exchange, while others might opt to sell the property and divide the proceeds. The court will evaluate emotional attachments to the home, the housing needs of each spouse, and their abilities to afford the property when making its decision.

### Do I need to update my estate plan after divorce?

Absolutely. **It is crucial to revisit and revise your estate plan after a divorce**.

This often includes:

**Updating Your Will and Trust Documents** – Ensuring your wishes are accurately reflected post-divorce is vital.

**Changing Beneficiary Designations** – Beneficiary information on life insurance policies and retirement accounts should be updated to prevent an ex-spouse from inheriting your assets inadvertently.

**Reassigning Powers of Attorney and Healthcare Proxies** – Assigning new individuals to make financial and health care decisions on your behalf is critical to avoid complications in the future. Failing to make these updates could lead to unintended consequences, such as your ex-spouse having rights to inherit your estate or making critical medical decisions for you.

## Learn More from Our Chicago Divorce Attorneys

Divorce after a long-term marriage in Illinois is not just a legal process—it’s a life transition. From financial restructuring to emotional healing, older couples face distinct challenges. Seeking legal, financial, and emotional support can help you navigate this chapter with clarity and confidence

Divorce after a long-term marriage can be especially complicated, but you should know that one of the [Chicago divorce lawyers](https://familylawadvocate.com/contact-us/) at our firm can help you with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 for more information about the services we provide to clients in the Chicago area.

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**Tags:** divorce after long-term marriage

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### [What is the Difference Between Guardianship and Adoption?](https://familylawadvocate.com/what-is-the-difference-between-guardianship-and-adoption/)

**Published:** March 13, 2018
**Author:** familylawadvocate

**Content:**

**What is the Difference Between Guardianship and Adoption?**

By: M. Scott Gordon

If you are seeking to become a [legal guardian](https://familylawadvocate.com/divorce/guardianships/) for the minor child of a close family member, we know that you probably have many questions about [guardianship under Illinois law](https://www2.illinois.gov/sites/gac/aboutus/pages/guardfaq.aspx). There are many different legal relationships that an adult in Chicago can have to a minor child, and one of them is [guardianship](https://familylawadvocate.com/divorce/guardianships/). But this is not the only legal relationship that allows an adult to make important decisions about a child’s upbringing and day-to-day well-being.

The other common legal statuses under Illinois law that give adults decision-making responsibilities for a child are adoption and foster care. Foster care, however, is distinct from guardianship and adoption in that it is what the [Illinois Department of Children & Family Services](https://www.illinois.gov/dcfs/lovinghomes/fostercare/Documents/Foster_Parent_FAQ.pdf) refers to as “a temporary safe haven for children who are at serious risk of harm.” In other words, foster care and becoming a foster parent is necessarily a temporary legal status. Adoption and guardianship, differently, are long-term – and adoption is permanent. What is the difference, then, between guardianship and adoption? There are a couple of major differences between the two that we will discuss here.

## What is a Guardianship?

Before we explain the differences between adoption and guardianship, it is important to understand how the law defines a guardianship. A guardian is someone who is appointed by the court to provide care for a child and to have legal responsibilities for the child. A guardian cannot simply give up guardianship. Instead, she or he can only cease being the guardian if the child’s parent is again able to care for the child, another person is able to become the guardian, the child turns 18 years old (and thus becomes a legal adult), or the Court terminates the guardianship.

In other words, guardians take on the role of a legal parent for most situations.

### Rights of the Birth Parent(s) or Legal Parent(s)

A guardianship sounds a lot like an adoption, right? The first major difference between a guardianship and an adoption concerns the rights of the birth parent or legal parent. When a person legally adopts a child, that person becomes the child’s new legal parent. As such, the adoptive parent has all of the rights and responsibilities of a legal parent, and the birth parents’ rights are terminated; they cannot try to regain parental rights once the birth parent again becomes able to care for the child. Because the birth parents’ rights are terminated, the adoptive parent becomes the legal parent of the child.

Differently, a guardianship is a legal role that can change when the birth parent (or otherwise legal parent) becomes able to take care of the child again. While the guardian does take on the role of a legal parent in many capacities during the guardianship, that can change when the legal parent comes back into the picture.

### Duration of Adoption and Guardianship

Guardianship and adoption are also very different in terms of their duration. A guardianship typically lasts only until the child turns 18, and it can be dissolved in many situations while the child is still a minor (if, for instance, the legal parent petitions to regain rights). In other words, a guardianship is imagined as temporary.

Adoption, however, is a permanent role. The relationship between adoptive parent and child does not end when the child turns 18, but rather continues throughout the child’s life—even once that child enters adulthood.

## Frequently Asked Questions About Guardianship and Adoption in Illinois

### Who can become a guardian or adoptive parent in Illinois?

In Illinois, the opportunity to become a guardian is open to individuals who meet specific criteria aimed at ensuring the welfare of the child. To qualify, you must:

- Be at least 18 years old, signifying that you have reached the age of legal maturity.
- Be of sound mind, meaning you are capable of making informed decisions.
- Be a resident of the United States, ensuring a stable living situation for the child.
- Not be legally disabled, which allows you to fulfill the responsibilities of guardianship.
- Have no felony convictions that involve harm or threats to children, establishing your commitment to child safety.

When it comes to adoption, the requirements are quite similar, and it’s noteworthy that you do not need to be married to adopt. Illinois embraces diversity by allowing single individuals, married couples, and same-sex couples to provide loving homes to children in need. The court plays a pivotal role in assessing your ability to create a stable and nurturing environment for the child.

### How is guardianship established?

The process of establishing guardianship begins with filing a petition in the appropriate circuit court located in the county where the child resides. The court prioritizes the child’s best interests and may appoint a guardian ad litem—an objective representative—to advocate for the child’s needs throughout the process. Guardianship can be granted if both biological parents consent to the arrangement or if the court finds that they are unable to provide adequate care for the child. Once appointed, the guardian is required to report to the court on a regular basis and may need to seek court approval for major decisions affecting the child’s welfare.

### How is adoption finalized?

Finalizing an adoption is a comprehensive process that demands careful consideration and several crucial steps:

**1. Termination of Parental Rights** – This step can occur voluntarily, through an agreement by the biological parents, or through legal proceedings where the court terminates parental rights due to unfitness or inability to care for the child.

**2. Home Study** – A licensed agency conducts a thorough evaluation of the adoptive home, assessing the living environment and the prospective parents’ readiness to welcome a child into their lives.

3\. **Court Hearing** – During a formal hearing, a judge examines the details of the case, ensuring that the adoption aligns with the best interests of the child.

4\. **Final Decree** – If the judge approves the adoption, a final decree is issued, granting the adoptive parents full legal rights and responsibilities towards the child. Importantly, once the adoption is finalized, there is no ongoing oversight from the court, and the child enjoys full inheritance rights from their new adoptive parents.

### Can guardianship or adoption be reversed?

The dynamics of guardianship allow for some flexibility; it can be reversed if the biological parents petition the court and present compelling evidence demonstrating their fitness to resume care for their child. Additionally, the court may revoke guardianship if the guardian faces challenges in meeting their responsibilities. In contrast, adoption is a definitive and permanent commitment. Once an adoption is finalized, biological parents cannot reclaim parental rights, and the adoptive parents assume lifelong responsibilities for the child’s upbringing.

### Is financial support available for guardianship and adoption?

Yes, financial assistance is available to support guardians and adoptive families in Illinois. Guardians caring for children through the [Illinois Department of Children and Family Services](https://dcfs.illinois.gov/) (DCFS) may receive both financial and non-financial support, which can alleviate some of the burdens associated with raising a child. Adoptive families may also qualify for subsidies, particularly if the child has special needs, helping to cover essential expenses such as medical care, educational costs, and daily living expenses to ensure that every child can thrive in their new home.

### When should a family choose guardianship over adoption?

The choice between guardianship and adoption often depends on the specific circumstances surrounding the child and their birth family. Guardianship may be more suitable in situations where:

- The biological parents are anticipated to regain custody in the near future.
- The child maintains strong emotional ties to their birth family and heritage.
- The caregiver is not yet prepared to take on the lasting commitment that comes with adoption.

Conversely, adoption is typically the preferred route when:

- A child is in need of a permanent, stable home environment where they can feel secure and loved.
- The biological parents are either unable or unwilling to resume care and provide a suitable upbringing for the child.
- The caregiver desires to assume full parental rights and responsibilities, fostering a lasting family bond.

## Contact Our Chicago Guardianship Lawyer

Both guardianship and adoption serve vital roles in protecting children and providing them with loving homes. Understanding the legal distinctions and long-term implications is essential for families making these life-changing decisions. Illinois offers resources through DCFS and legal aid organizations to guide families through the process.

Do you have questions about guardianship? Our Chicago guardianship lawyer can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information at 312-360-0250.

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### [Can A Prenup Be Challenged During Divorce In Illinois?](https://familylawadvocate.com/can-a-prenup-be-challenged-during-divorce-in-illinois/)

**Published:** September 8, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we are often asked whether a prenuptial agreement can be contested during a divorce in Illinois. Many people believe a signed prenup is unbreakable, but under Illinois law, that is not always true. A prenuptial agreement, also known as a premarital agreement, can be challenged if certain legal standards are not met. Understanding when and how a prenup can be challenged can make a significant difference in the outcome of your divorce case.

## Grounds To Challenge A Prenuptial Agreement In Illinois

Prenuptial agreements in Illinois are governed by the Illinois Uniform Premarital Agreement Act ([750 ILCS 10/1 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2087&ChapterID=59)). A prenup is generally enforceable if it was signed voluntarily, both parties disclosed all assets and debts, and the terms are not unconscionable. However, the law allows challenges under specific circumstances:

- **Lack of Voluntary Consent** – If one spouse can prove they were pressured or coerced into signing the agreement, a court may invalidate it.
- **Incomplete or Fraudulent Disclosure** – Both parties must provide full and honest financial disclosure before signing. If one party concealed assets or liabilities, the agreement may be thrown out.
- **Unconscionable Terms** – If the terms are extremely unfair or leave one party destitute while the other keeps significant wealth, a judge may refuse to enforce certain provisions.
- **Improper Execution** – Illinois law requires prenups to be in writing and signed by both parties. If the agreement was not properly executed, it may not stand up in court.

Courts will review the circumstances surrounding the signing of the prenup, as well as its contents, to determine enforceability. A prenuptial agreement cannot waive obligations regarding child support under [750 ILCS 5/502](https://ilga.gov/documents/legislation/ilcs/documents/075000050K502.htm), as the court must always protect the best interests of the child.

### How Courts Evaluate Challenges

When a prenup is contested, the court will examine evidence such as:

- Whether each party had independent legal counsel.
- Whether there was sufficient time to review the agreement before signing.
- Whether all financial information was disclosed accurately.
- Whether the agreement was signed under threats, fraud, or undue influence.

The burden of proof rests on the party challenging the prenup. If successful, the court can set aside the entire agreement or only specific provisions that are unenforceable under Illinois law.

## Frequently Asked Questions About Challenging A Prenup In Illinois

### Can I Challenge A Prenup If I Did Not Have A Lawyer When I Signed It?

Yes, while having independent counsel is not strictly required under Illinois law, the absence of legal advice can support claims of unfairness or lack of understanding, which may make it easier to challenge the prenup.

### What If My Spouse Pressured Me Into Signing The Prenup Right Before The Wedding?

Timing can matter. If you were presented with the agreement shortly before the wedding and felt coerced, you may argue that you lacked voluntary consent. Courts consider whether you had adequate time to review and negotiate the terms.

### Can A Prenup Be Invalidated For Hiding Assets?

Yes, failure to disclose significant assets or debts before signing the prenup is grounds for challenging it. Full disclosure is a key requirement under 750 ILCS 10/1 et seq.

### Can I Challenge A Prenup Based On Unfair Terms Alone?

Possibly. While courts uphold freedom of contract, they can refuse to enforce provisions that are grossly unfair or leave one spouse without reasonable support, particularly if other issues like lack of disclosure exist.

### Does A Prenup Affect Child Custody Or Child Support In Illinois?

No. Under 750 ILCS 5/502, child custody and support cannot be predetermined in a prenuptial agreement. Courts always decide these issues based on the child’s best interests at the time of divorce.

### How Do I Start Challenging A Prenup In My Divorce Case?

You must raise the issue during your divorce proceedings and present evidence supporting your claims. An experienced attorney can analyze the prenup, gather documentation, and build a strong argument for why the court should set it aside.

## Call Gordon & Perlut, LLC For A Free Consultation

At Gordon & Perlut, LLC, we fight to protect our clients’ rights in all aspects of Illinois divorce law, including challenging unfair or invalid prenuptial agreements. If you believe your prenup should not be enforced, we are ready to review your case and take aggressive action on your behalf.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and are committed to achieving fair results in your divorce.

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### [How Long is Spousal Maintenance Paid in Illinois?](https://familylawadvocate.com/how-long-is-spousal-maintenance-paid-in-illinois/)

**Published:** January 10, 2022
**Author:** familylawadvocate

**Content:**

**How Long is Spousal Maintenance Paid in Illinois?**

**By: Gordon & Perlut, LLC**

Divorce can have a devastating impact on your finances. Particularly if you relied on your spouse in meeting monthly expenses, getting used to living on your own often proves challenging. [Spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/), otherwise known as alimony in Illinois, can help you make the adjustment. Our Chicago and Evanston family law attorneys explain who may be entitled to spousal support payments and how long you can expect it to last.

## Are You Entitled To Spousal Maintenance In Illinois

When going through a [divorce in Cook County](https://www.cookcountycourt.org/ABOUT-THE-COURT/Municipal-Department/Fifth-Municipal-District-Bridgeview/Divorce), getting the maximum amount you are entitled to in any final orders is a top priority. Depending on the circumstances, this may include spousal support payments. Spousal maintenance can help you maintain your standard of living after divorce or gain the education, experience, or skills needed to reenter the workforce. Factors that will influence whether you are entitled to spousal maintenance include:

- The length of your marriage
- The circumstances surrounding your divorce
- The current and future earning potential of each spouse
- Whether you sacrificed your own career or education in support of your spouse or to raise children and perform other domestic duties in the marriage

### How Long Do Spousal Support Payments In Cook County Last?

The [Illinois Statutes (750 ILCS 5/504)](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) contain guidelines for spousal support payments, which are generally based on the length of time you were married. For example, if you were married for five years, you may be entitled to a year of spousal support.

The percentage increases the longer you and your spouse were together, so for 10 years, you may receive four years of support; for 15 years, you may be entitled to 10 years of payments. Once you reach 20 plus years, you are generally able to collect spousal maintenance for the same amount of time as you were married.

In some cases, the court will deviate from these guidelines. Based on your circumstances, the judge may instead order one of the following:

- **Fixed-term spousal maintenance:** As the name implies, this type of award has a specific end date and may not extend beyond what would otherwise be allowed. It often applies in cases where a spouse continues to raise minor children from the marriage, needs to obtain experience or a degree, or has some other specific timeline before they can become completely self-supporting.
- **Indefinite spousal maintenance:** This is when the court orders spousal support payments with no fixed expiration date. It is often used in long-term marriages and when the receiving spouse is unlikely to ever return to the workforce.
- **Reviewable spousal maintenance:** In some situations, the court may order maintenance for a specific period of time, after which a review will be held to determine whether payments will continue.

## Frequently Asked Questions About Spousal Maintenance in Illinois

### What is spousal maintenance?

Spousal maintenance is a court-ordered payment from one ex-spouse to another after a divorce. Its purpose is to help the lower-earning spouse maintain financial stability, particularly if they sacrificed career opportunities or income during the marriage. Maintenance is gender-neutral; either spouse may be eligible depending on the circumstances.

### How is maintenance determined?

Maintenance is not automatically granted. The court first assesses whether it is appropriate based on several factors:

- Length of the marriage
- Income and property of each party
- Each party’s needs and earning capacity
- Contributions to the marriage (e.g., homemaking, supporting a spouse’s career)
- Standard of living during the marriage
- Age, health, and employability of both parties

Marital misconduct (e.g., infidelity) is not considered when determining maintenance.

### How is the amount calculated?

Illinois uses a standardized formula for most cases where the combined gross income is under $500,000 and there are no prior support obligations. The formula is as follows:

Maintenance = 33.33% of the payor’s net income – 25% of the recipient’s net income. However, the recipient’s total income (including maintenance) cannot exceed 40% of the combined net income of both parties.

### How long does maintenance last?

The duration of maintenance is based on the length of the marriage, using a multiplier system: – Less than 5 years: Multiply years by 0.20 – 5–6 years: Multiply by 0.24 – 6–7 years: Multiply by 0.28 – And so on, increasing by 0.04 each year – 20+ years: The court may order maintenance for a duration equal to the length of the marriage or indefinitely For example, a 10-year marriage might result in 4 years of maintenance (10 × 0.40).

### Can maintenance be modified or terminated?

Yes, maintenance can be modified if there is a substantial change in circumstances, such as job loss, retirement, or a significant increase in income. It can be terminated if:

- The recipient remarries
- The recipient cohabits with another person on a conjugal basis
- Either party dies

### Can spouses waive maintenance?

Yes, spouses can agree to waive maintenance in a prenuptial or divorce agreement. However, this waiver must be voluntary and informed, and courts may reject it if it is deemed unconscionable.

### Is maintenance taxable?

As of 2019, under federal law, maintenance payments are not taxable to the recipient and are not deductible by the payor. This change applies to divorce agreements finalized after January 1, 2019. Illinois follows the federal tax treatment for maintenance.

### What if the payor refuses to pay?

If a court has ordered maintenance and the payor fails to comply, the recipient can seek enforcement through the court. Remedies may include wage garnishment, contempt proceedings, or property liens.

## Contact Our Chicago Family Law Attorney For More Information

To find out more about [spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/) and to ensure you get the total amount you deserve, reach out to Gordon & Perlut, LLC. Call the [Chicago family law attorneys](https://familylawadvocate.com/family-law/) at Gordon & Perlut, LLC at 312-360-0250 to discuss your case during a free, no-obligation consultation today.

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### [How Is Child Support Calculated With Multiple Mothers?](https://familylawadvocate.com/how-is-child-support-calculated-with-multiple-mothers/)

**Published:** February 21, 2023
**Author:** familylawadvocate

**Content:**

Calculating child support payments is a critical part of any divorce, but how is this handled when there are multiple mothers? Below is essential information to know about this vital subject. Please ask our [Chicago child support attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC, if you have questions.

## Child Support With Multiple Mothers

The child support model in Illinois was modified recently. It now follows an ‘income shares’ model that considers each parent’s income when deciding the total amount of child support. This is instead of the court ordering one parent to provide child support to the other on a mere percentage basis.

One of the reasons the state shifted in this area is the change in parental responsibility and child custody laws. Instead of giving child custody to one or both spouses and naming one as the primary custodial parent, the family court allocates the responsibilities per the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000).

### Illinois Courts Use The Income Shares Model To Decide Child Support With Multiple Mothers

Under state law today, all child custody cases that come from a divorce or separation require the family court to make decisions about child support. No matter if the parents are a mother and father or a same-sex couple, the court uses the income shares model to decide about child support.

Note that the income shares model is not dependent on the gender or sex of the two parents. Instead, the income shares model is utilized when two or more mothers share a child from their marriage or relationship.

### What If the Parent Has Children With Separate Mothers From Different Relationships?

A situation also can arise where a parent has children with two mothers in different relationships. When the parent has a child with two separate mothers, family courts still utilize the income shares model to arrive at the proper child support obligation. However, the court will combine the net incomes of both parents instead of their gross incomes.

To decide the net income for the parent with a child with two separate mothers, the family court deducts the child support amount the parent currently pays for the child shared with the first mother. Next, the total amount of child support for the child shared with the second mother is based on all parents’ net income minus the current child support payment.

## Statistics On Child Support With Multiple Mothers

Navigating child support obligations with multiple mothers presents a complex legal and financial landscape, especially as family structures continue to evolve. In the United States, an increasing number of noncustodial fathers have children with more than one mother, creating layered responsibilities across households. Understanding the statistics and legal frameworks surrounding this issue is essential for policymakers, legal professionals, and families alike.

### National Child Support Overview

According to the U.S. Census Bureau, [over 21.9 million children had a parent living outside their household in 2018](https://www.census.gov/content/dam/Census/library/publications/2020/demo/p60-269.pdf), representing more than one in four children under 21. Of these children, approximately 30.1% lived in poverty, nearly three times the rate of children in two-parent households. Child support is a critical financial lifeline for many custodial parents, particularly single mothers, who disproportionately bear the economic burden of raising children.

[In 2021, custodial parents received $20.2 billion in cash child support payments](https://www.census.gov/content/dam/Census/library/factsheets/2022/demo/p70fs-185.pdf), with an average monthly payment of $441. However, these figures often obscure the challenges faced by noncustodial parents with obligations to multiple households.

### Legal Complexities of Supporting Multiple Mothers

When a father has children with more than one mother, courts must allocate child support fairly across households. This is typically done using a prorated method, where the total support obligation is divided based on the number of children and their individual needs. Courts assess the noncustodial parent’s gross income, including wages, bonuses, and other sources, and may impute income if the parent is unemployed or underemployed.

Each state has its own guidelines, but most follow a formula that considers existing support orders before issuing new ones. For example, if a father already pays support for two children from one relationship, that obligation is factored into the calculation for a third child from another relationship. This approach ensures that no child is unfairly disadvantaged, although it can result in lower payments per child as obligations increase.

### Impact on Families and Children

The financial strain of supporting multiple households can be substantial. Fathers with limited income may struggle to meet all obligations, leading to arrears, enforcement actions, or even incarceration in extreme cases. Meanwhile, custodial mothers may receive inconsistent or insufficient support, affecting their ability to provide stable housing, nutrition, and education for their children.

Children in these situations often experience economic instability, which research links to poorer health outcomes, lower academic achievement, and increased interaction with the child welfare system. The ripple effects can extend into adulthood, influencing employment prospects and long-term well-being.

### Policy Considerations

As family dynamics shift, legal systems must adapt to ensure equitable outcomes. Some experts advocate for standardized national guidelines to reduce disparities across states. Others suggest reforms that emphasize shared parenting responsibilities, not just financial contributions. Ultimately, child support involving multiple mothers is not just a legal matter—it’s a social one. Ensuring that every child receives adequate support, regardless of family structure, is vital for promoting fairness, stability, and opportunity.

## Contact Our Chicago Child Support Attorneys Now

When going through a divorce and you have questions about child support, it is essential to have the correct legal information. The Chicago child support lawyers at Gordon & Perlut, LLC, can help you today.

Our Chicago child support lawyers have extensive experience in these matters in the communities of Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please [contact Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC at (312) 360-0250 for help with child support questions.

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### [How Long Am I Liable for Children’s College Expenses?](https://familylawadvocate.com/how-long-am-i-liable-for-childrens-college-expenses/)

**Published:** July 30, 2021
**Author:** familylawadvocate

**Content:**

**How Long Am I Liable for Children’s College Expenses?**

**By: Gordon & Perlut, LLC**

Whether you are going through a divorce or a split from your child’s other parent, you should know that the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA) allows a court to award [college expenses](https://familylawadvocate.com/articles/college-expenses/) to your child. The statute says the court can “award sums of money out of the property and income of either or both parties for the educational expenses of any child of the parties.”

The amount of educational expenses for a non-minor child is limited to specific amounts, and they cannot continue indefinitely. A parent’s responsibility for children’s college expenses only extends until the child reaches a certain age or when other conditions have been met.

Generally speaking, if you are getting divorced and you have minor children from your marriage, you should anticipate the court may order you to contribute to the child’s college or university expenses even after the child reaches the age of majority. Yet you are not responsible for these costs forever. Our [child support lawyers in Skokie](https://familylawadvocate.com/articles/college-expenses/) and Chicago can tell you about when your obligations to pay college expenses for your adult child will cease.

### Child Reaches a Certain Age

In general, a parent’s obligation to pay for college expenses stops when the child turns 23 years old.

### Child Fails to Maintain a “C” Grade Point Average

While a court can order a parent to contribute to a child’s college expenses, the parent’s obligation to pay for college costs and expenses terminates if the child fails to maintain a cumulative grade point average (GPA) of at least a “C,” which is a 2.0 GPA at most colleges and universities. However, there is an exception if the child suffered from an illness or can show that there was another good cause for his or her inability to maintain a cumulative “C” grade point average.

### Child Receives a Baccalaureate Degree

When the child receives a baccalaureate degree (i.e., a bachelor’s degree), the parents’ obligation to pay college expenses ceases.

### Child Gets Married

If your child gets married while you are paying college expenses, your obligation to pay for college expenses terminates.

### When Your Liability or Responsibility for College Expenses Does Not Cease

You should know that the IMDMA explicitly identifies some situations in which you might think your obligation to pay for your child’s college expenses would cease, but that obligation actually *does not* stop. To be clear, you are still responsible for your child’s college expenses if or when any of the following scenarios arise:

- Your child enlists in the armed forces
- Your child is incarcerated
- Your child becomes pregnant

## Frequently Asked Questions About Childrens’ College Expenses After Divorce

### Do divorced parents have a legal obligation to pay for college?

In most states, there is no automatic legal requirement for divorced parents to pay for their child’s college education. Child support typically ends when the child reaches the age of majority—usually 18 years old or upon high school graduation. However, some states allow courts to order contributions for college expenses. **These include Illinois**, New York, New Jersey, Massachusetts, and Oregon. In these jurisdictions, judges may consider factors such as parental income, the child’s academic performance, and the standard of living during the marriage.

### Can college costs be included in a divorce settlement?

Yes, and this is often the best way to ensure clarity and fairness. Parents can negotiate and include specific provisions in their divorce decree or parenting plan that outline who is responsible for tuition, room and board, books, travel, and other related expenses. These agreements may also set limits, such as capping contributions at the cost of in-state public tuition or requiring the child to maintain a certain GPA.

### Does child support cover college expenses?

Generally, child support is intended for minor children, not college-aged dependents. However, if the divorce agreement clearly states that support continues through college or includes educational expenses, then it may apply. Without such provisions, parents may need to renegotiate or seek a court modification to extend support.

### How are college expenses divided between parents?

If there is a court order or mutual agreement regarding expenses, they are typically divided based on each parent’s financial ability. This could result in a 50/50 split or a proportional division based on income. Some agreements may also take into account scholarships, financial aid, or the child’s own earnings. Courts aim to avoid placing an undue burden on either parent, especially if one has a significantly lower income or other dependents.

### What happens if one parent refuses to pay?

If college expenses are part of a binding agreement or court order, the refusing parent may face legal enforcement actions, which could include wage garnishment or contempt proceedings. If no agreement exists, the custodial parent may need to petition the court for a modification or a new order.

### Can college funds be placed in escrow or a trust?

Yes. Some parents choose to set aside funds in a trust or escrow account during the divorce process to ensure that money is available when the child enrolls in college. This can help prevent future disputes and provide peace of mind for both parents and the student.

## Contact Our Chicago Child Support Attorneys

If you have any questions or concerns about your obligation to pay college expenses for your adult child, you should get in touch with one of our Chicago child support attorneys as soon as possible by calling 312-360-0250. Do not hesitate to seek our advice about managing college expense obligations or any other child support obligations under Illinois law. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information about how we can assist you.

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### [Divorcing Your Spouse and Your Financial Adviser](https://familylawadvocate.com/divorcing-your-spouse-and-your-financial-adviser/)

**Published:** January 28, 2016
**Author:** familylawadvocate

**Content:**

**Divorcing Your Spouse and Your Financial Adviser**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

When you [file for divorce in Chicago](https://familylawadvocate.com/divorce/), it is likely that you will have many questions and concerns about finances. To be sure, dealing with [property division](https://familylawadvocate.com/divorce/) during the divorce process can feel personal, unfair, and frustrating. Whenever finances are involved, we know that there is significant tension between spouses. Considering the complications of finances in a marriage and after divorce, a [recent article](http://www.marketwatch.com/story/before-divorcing-your-spouse-consider-divorcing-your-financial-adviser-2015-11-05) from *MarketWatch* emphasized the need to hire your own financial adviser; do not stick with the financial adviser that you and your spouse shared during the marriage. Why do you need to find a new financial advocate? In short, you need as many advocates on your side as possible.

## Dealing with Financial Issues as Early as Possible

As soon as you begin considering [divorce in Illinois](https://familylawadvocate.com/divorce/), it is essential to hire an experienced Chicago area divorce lawyer. At the same time, you should begin thinking about who usually handles your marital finances. When you have been in a marriage for a long time or if you are part of a high net worth household, thinking about the financial consequences of divorce is particularly important. And you need to start considering the economic impact of a marriage dissolution sooner rather than later. For instance, seeking financial advice early on can help to ensure that you are dealing with your immediate needs, such as those involving short-term care, insurance, or child support.

The first step in thinking about your finances is, as we mentioned above, to work with a new financial adviser. To be sure, “at least one spouse should not rely on the financial planner or adviser the couple used during the marriage.” In the most basic terms, using the financial adviser from your marriage is essentially a conflict of interest. You do not want to be in a position where your financial planner is also providing advice to your ex-spouse. And you will need to be sure to take this step on your own, as financial advisers and financial planners “are not bound by any hard and fast rules” on advising both spouses who are in the process of divorce.

While it might sound like a good financial decision in the short-term to stick with the same financial adviser, that decision could end up costing you a lot more in the long run.

### What Does a Financial Adviser Do?

Why do you need your own financial adviser at all? As the article points out, financial advisers and planners can help you think about the immediate economic repercussions of your divorce, as well as the financial issues with which you may need to deal in the long run. Examples of matters for which you will likely want a financial adviser include but are not limited to:

- Short-term money needs;
- Medical insurance;
- Spousal support;
- Child support;
- Trusts;
- Retirement income planning;
- College plans for your children;
- Home maintenance costs;
- Long-term care costs; and
- Social Security benefits.

## Frequently Asked Questions About Financial Issues In Divorce

### How Are Assets Divided in Divorce, is everything split 50/50?

Not necessarily. In states like Illinois and Oregon, the legal principle of equitable distribution is applied, which means that assets are divided in a manner deemed fair, but not always equally. Courts take into account various factors, including each spouse’s financial contributions to the marriage, their earning capacity, and their future financial needs as they move forward.

### What counts as marital property?

Marital property generally encompasses any assets acquired or income earned during the marriage. This includes tangible items like real estate, vehicles, and household items, as well as financial assets such as retirement accounts and cash balances. Even debts incurred during the union are considered marital property. It’s important to note that separate property—assets owned prior to the marriage or those received as gifts or inheritances—are typically excluded from division unless they have been blended with marital assets.

### What about hidden assets?

The issue of hidden assets can significantly complicate divorce proceedings. If one spouse suspects that the other is attempting to conceal income or property, they may resort to the expertise of forensic accountants. These professionals can meticulously analyze financial records and trace any irregularities, ensuring that all assets are accounted for and fairly divided.

### Can retirement accounts be split?

Absolutely. Retirement accounts, such as 401(k)s and pensions, can often be divided between spouses through a Qualified Domestic Relations Order (QDRO). This legal document facilitates the tax-free transfer of funds from one spouse’s account to the other’s without incurring penalties, allowing for a fair distribution of retirement savings built during the marriage.

### Do I need a QDRO for IRAs?

No, a QDRO is not necessary for Individual Retirement Accounts (IRAs), but it’s crucial to divide them according to the divorce decree. Care must be taken during this process, as mishandling can result in tax implications or unexpected early withdrawal penalties.

### Is alimony taxable?

Whether alimony is taxable depends on the timing of the divorce. For divorces finalized prior to January 1, 2019, alimony payments are considered taxable income for the recipient and deductible for the paying spouse. However, for divorces finalized after that date, spousal support is neither taxable for the recipient nor deductible for the payor, thus affecting the financial landscape for both parties.

### How is spousal support calculated?

Different states utilize different formulas for calculating spousal support, but common considerations include the length of the marriage, both spouses’ incomes, and their individual ability to support themselves. In some instances, temporary spousal support is awarded during the divorce proceedings to help the lower-earning spouse manage expenses until a final agreement is reached. In Illinois, spousal support is generally calculated by taking 33.3% of the paying spouse’s (payor’s) net annual income and then subtracting 25% of the receiving spouse’s (recipient’s) net annual income. The resulting figure is the annual amount of maintenance to be paid, which cannot exceed 40% of the combined net income of both parties.

### Is child support taxable?

Child support is not considered taxable income for the recipient, nor does the paying spouse receive any tax deduction for these payments. This means that child support payments are treated differently than spousal support when it comes to tax obligations.

### How long does child support last?

Child support typically continues until the child reaches the age of 18 or graduates from high school, depending on which milestone occurs later. Some states may provide for extensions to cover college expenses or support for children with special needs, highlighting the varying nature of child support regulations. In Illinois, child support generally lasts until a child turns 18, or graduates from high school and is under 19, whichever comes first. However, support can continue longer if the child has a disability, is attending college, or if parents agree to extend it for college expenses. Child support also terminates if the child is emancipated before 18, but this requires proving financial independence and involves a court order.

### Who claims the children on taxes?

In most cases, the parent with primary custody of the children claims them on tax returns. However, this arrangement can be negotiated during the divorce settlement. To facilitate this transfer, the noncustodial parent may use IRS Form 8332 to claim the exemption.

### How do I handle capital gains and cost basis?

Understanding how capital gains taxes and cost basis affect your financial situation is crucial when dividing investment accounts. It’s essential to ascertain the cost basis of assets, as receiving appreciated assets may lead to capital gains taxes upon their sale. Therefore, equal market value doesn’t always equate to equal tax implications.

### What filing status should I use during the divorce?

If you remain legally married on December 31, you may choose to file taxes jointly or separately. Once the divorce is finalized, your filing status will change, allowing you to file as single or as head of household, depending on the custody arrangement and other financial responsibilities related to child support.

### Should I Keep the Family Home?

Deciding whether to keep the family home is a complex decision that requires careful consideration. While the emotional attachment to the house may be strong, maintaining it can place a significant financial strain on an individual. Consider the ongoing costs, including mortgage payments, property taxes, insurance, and maintenance expenses. In some cases, selling the home and splitting the proceeds with your ex-spouse may be a more practical solution, allowing both parties to start fresh with a more manageable financial situation.

## Contact Our Chicago Divorce Lawyers

Of course, your divorce lawyer can provide much-needed legal advice about each of these categories, too. If you have questions or concerns about the financial impact of divorce, you should reach out to a dedicated [divorce attorney in Chicago](https://familylawadvocate.com/contact-us/). Do not hesitate to [contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with your divorce.

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### [What Does It Mean when Child Support is In Collections?](https://familylawadvocate.com/what-does-it-mean-when-child-support-is-in-collections/)

**Published:** June 2, 2022
**Author:** familylawadvocate

**Content:**

When a child is involved in a divorce or paternity action, one of the most significant issues that must be determined is child support. Both parents have a duty to financially support their child, and typically the non-custodial parent pays the custodial parent to help maintain the child’s standard of living. However, there are times when a parent fails to uphold their end of payments, and support can go into collections. At Gordon & Perlut, LLC our [child support lawyers in Chicago](https://familylawadvocate.com/divorce/child-support/) can help determine your legal options if child support is in collections in your case. To learn more, read below and call or contact our office today.

## Enforcing Child Support

The [Illinois Department of Child Support Services](https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx) (DCSS) manages the collection and payment of child support in the state. This department has a number of resources available to help enforce the collection of child support when a parent falls behind in payment. Also known as falling into arrears, when child support is in the collection the DCSS may take any of the following actions:

- Hire private collection agencies to secure payment.
- Refer the case to prosecutors for criminal action.
- Contact the Illinois Department of Professional Regulations to suspend professional or vocational licenses as well as a driver’s license.
- Refer the case to the Illinois Department of Healthcare and Family Services for collection and asset recovery.
- Intercept state and federal tax returns.
- Submit information to credit reporting agencies that damage a credit score.
- Refer the case to the U.S. State Department, which can revoke or suspend a passport.
- Initiate contempt proceedings against the non-paying parent in court.
- Refer the case to the U.S. Treasury to withhold portions of federal benefits.
- Place liens against the non-paying parent’s real estate and personal property.
- Add the non-paying parent’s name to a “deadbeats most wanted” list.
- Charge interest on any amount of child support in arrears.
- Garnish bank accounts or seize assets.
- Issue an income withholding order on the non-paying parent’s wages.

### Frequently Asked Questions About Child Support Arrearages in Illinois

### What Are Child Support Arrearages?

Arrearages refer to past-due child support payments that were not made according to a court order. These debts continue to accrue until paid in full and may include interest and penalties.

### How Are Arrearages Calculated?

In Illinois, arrearages are calculated by multiplying the monthly child support obligation by the number of missed payments and subtracting any partial payments made. Retroactive modifications are not permitted, meaning changes to the support order only affect future payments, not amounts that are already past due.

Is Interest Charged on Arrearages?

Yes, Illinois law mandates a 9% annual interest rate on unpaid child support arrears, calculated from the date each payment was due. This can significantly increase the total amount owed. For example, missing $1,000 per month for a year results in $12,000 in arrears and $1,080 in interest.

What Enforcement Tools Are Used?

The Illinois Department of Healthcare and Family Services (IDHFS) and the courts use several enforcement mechanisms, including:

**Wage Garnishment** – Employers may be ordered to withhold 50-60% of a non-custodial parent’s disposable income.

**Tax Refund Interception** – Federal and state tax refunds can be seized to pay arrears.

**License Suspension** – Driver’s, professional, and recreational licenses may be revoked.

**Credit Reporting** – Arrears may be reported to credit bureaus.

**Liens** -The state can place liens on property or financial accounts.

### Can Arrearages Be Forgiven?

Generally, arrears owed to the custodial parent cannot be forgiven without their consent. However, if the debt is owed to the state (for instance, due to TANF benefits), Illinois may offer settlement programs or debt compromise options in limited situations.

### What If I Can’t Afford Payments?

If your financial situation changes, you must petition the court to modify your child support order. However, this only affects future payments, and you will still be responsible for any arrears accrued before the modification is granted.

### Can Arrearages Affect My Passport?

Yes, if you owe more than $2,500 in child support, the federal government may deny your passport application or renewal until the debt is resolved.

### What Happens If the Child Turns 18?

Even after a child reaches the age of majority, arrears remain enforceable. The obligation to pay past-due support does not expire with the child’s emancipation.

### How Can I Check My Balance?

You can view your case balance through the Illinois State Disbursement Unit (SDU) or contact the Division of Child Support Services (DCSS). Keep in mind that balances may not reflect accrued interest unless specifically calculated.

### Custodial Parent Options

Child support arrearages—unpaid child support that has accumulated over time—can lead to serious legal and financial consequences in Illinois. Whether you are a custodial parent seeking overdue payments or a non-custodial parent facing enforcement actions, understanding the rules and remedies is essential. There are times when the DCSS gets backlogged with cases, so if you need more immediate assistance with child support in arrears, a parent can also seek the assistance of a qualified and experienced child support attorney.

If you are owed child support, a lawyer can initiate much of what DCSS does but in an expedited manner through the court, including issuing a wage garnishment order, holding a parent in contempt, seizing assets, or issuing liens. If you are the parent who owes support, a lawyer can help you modify an existing support order if circumstances have changed or negotiate a repayment plan with the other parent. To learn more, talk to our office today.

## **Call Our Chicago Child Support Lawyers**

Understanding child support arrearages in Illinois is crucial for both paying and receiving parents. If you are dealing with arrears, consider consulting a family law attorney or contacting DCSS for guidance. For more detailed information, visit the[ Illinois Child Support FAQ page](https://hfs.illinois.gov/childsupport/parents/faqsnew.html) or explore[ LegalClarity’s overview of back child support laws.](https://legalclarity.org/back-child-support-laws-in-illinois-what-you-need-to-know/)

Are you struggling with a situation where child support is in collections in Cook County or northeast Illinois? If so, the experienced and knowledgeable [Chicago child support lawyers](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC are here to help. Call the office or contact us today to schedule a consultation of your case now.

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**Categories:** Child Support Lawyer

**Tags:** child support

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### [If I Pay Child Support Can I Claim My Child On Taxes?](https://familylawadvocate.com/if-i-pay-child-support-can-i-claim-my-child-on-taxes/)

**Published:** May 29, 2023
**Author:** familylawadvocate

**Content:**

Dealing with a divorce is challenging, but it becomes even more complex and expensive when children are involved. Whether you are a custodial or non-custodial parent, you may have many questions, such as how child support affects taxes. Find out more below on this topic, and contact our [child support lawyers in Chicago](https://familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC, if you need legal assistance.

## How Does Child Support Affect Taxes?

[Child support is tax neutral in Illinois](https://www.thebalancemoney.com/is-child-support-tax-deductible-3193029) on your State Income Tax Return. Tax neutral means that the payer cannot deduct their taxes, and the payee does not claim payments on their tax return.

If you are the custodial parent paying child support, you will pay your income and payroll taxes as usual. However, you cannot get back the taxes you paid on income used for your child support payments. The reason is that child support payments are not deductible for tax purposes. Instead, child support is considered a personal expense on tax returns.

The thinking is that child support payments fund routine expenses, such as rent, food, schooling, etc. The money is being used just like it would have been if you were still married. You are required to pay income taxes on your income and use your taxed income to cover the child support payments.

## How Does Child Support Affect Tax Returns?

If you are a non-custodial parent, you must meet child support obligations to avoid falling behind, meaning you owe child support debt. You also will owe interest on the debt. If you continue to miss child support payments, this is called being in child support arrears. You could pay this debt over time, but it also can be taken out of your bank account by the state or taken out of a tax refund by the state child support agency.

## What About Claiming The Child On Taxes?

For Federal tax purposes, the rule is that the custodial parent can claim the child on their Federal tax return if the custody agreement/judgment is silent on the issue. However, the divorce and custody agreement should state who gets to claim the child as a dependent on their tax return. Some Illinois divorce settlements let parents rotate yearly on who claims the child. Remember to speak to your divorce attorney about this critical issue. You should remember to ask for language in the divorce agreement about how the children will be claimed in state and federal taxes.

Another issue to remember: the custodial parent may be eligible for more tax benefits than the non-custodial parent. For example, the custodial parent could have more tax-deductible childcare expenses, such as after-school programs and daycare. Talk to your attorney and tax professional if you need help with taxes related to child custody.

## Frequently Asked Questions on Child Support and Income Tax

### Is child support taxable income for the recipient?

No, child support payments are not considered taxable income by the IRS. If you receive child support, you do not need to report it on your federal or state income tax return. It is treated as a personal transfer, not as earned income.

### Can the person paying child support deduct it from their taxes?

No, child support payments are not tax-deductible for the payer. Unlike alimony (in divorce agreements finalized before 2019), child support is not considered a deductible expense because it is intended for the support of the child, not the ex-spouse.

### Who gets to claim the child as a dependent for tax purposes?

Typically, the custodial parent—the one with whom the child lives most of the year—has the right to claim the child as a dependent. However, the noncustodial parent may claim the child if:

- The custodial parent signs IRS Form 8332, releasing the claim.
- The noncustodial parent attaches this form to their tax return.

This affects eligibility for the Child Tax Credit, Earned Income Tax Credit, and other benefits.

### Does child support affect eligibility for tax credits?

Yes, indirectly. While child support itself doesn’t count as income or deductions, claiming the child as a dependent can impact:

- Child Tax Credit
- Earned Income Tax Credit (EITC)
- Head of Household filing status.

Only the parent who claims the child can access these credits, which can significantly reduce tax liability.

### Can unpaid child support affect my tax refund?

Absolutely. If you owe past-due child support, the Treasury Offset Program may intercept your federal tax refund and apply it to your child support debt. This can also apply to some state refunds.

### Do I need to report child support payments on my tax return?

No, neither the payer nor the recipient reports child support payments as income or deductions. However, it is important to maintain accurate records in case of disputes or audits.

### How does child support interact with alimony for tax purposes?

Alimony and child support are treated differently. Alimony (for divorces finalized before 2019) is taxable to the recipient and deductible for the payer. In contrast, child support is neither taxable nor deductible, regardless of the divorce date. If a payment is labeled as alimony but ends when the child reaches a certain age, the IRS may reclassify it as child support.

## Talk To Our Child Support Lawyers In Chicago Today

It is difficult to get answers independently if you have complex questions about a child support case, including tax matters. But our attorneys can assist you with all divorce and child support matters. [Contact our child support lawyers in Chicago](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, today at (312) 360-0250.

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### [Tips for Finding the Best Divorce Lawyers in Chicago](https://familylawadvocate.com/tips-for-finding-the-best-divorce-lawyers-in-chicago/)

**Published:** May 5, 2022
**Author:** familylawadvocate

**Content:**

**Tips for Finding the Best Divorce Lawyers in Chicago**

**By: Gordon & Perlut, LLC**

Are you experiencing problems in your marriage and considering getting a divorce? It is important to speak with an experienced legal professional to protect your rights in regard to property, money, and children. Any settlements or final court orders issued in your divorce case could impact you for years to come. To ensure the best possible outcome, get the [best divorce lawyers in Chicago](https://familylawadvocate.com/divorce/) on your side.

At Gordon & Perlut, LLC, we have decades’ worth of combined experience successfully representing clients in divorce proceedings. The following explains what to look for and ways to ensure you pick the right lawyer to handle your case.

## What To Look For When Choosing The Best Divorce Lawyers

Divorce has the potential to impact your lifestyle, your relationships with children, and your financial security for years into the future. To protect your rights throughout the process and to ensure a quick recovery in the aftermath, you need the best divorce lawyers in Chicago working on your side.

The first step is arranging an initial consultation. To select the right law firm, look for the following:

- Thorough knowledge of state law and how it applies in different cases
- Years of experience handling different types of divorce through the [Cook County Courts](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division)
- A proven track record of success, with testimonials from past clients
- Excellent communications skills, with a willingness to explain the divorce process, answer your questions, and address your concerns.

### **During Your Initial Consultation**

During an initial consultation, the best divorce lawyers in Chicago will meet with you personally, get some background on the situation, and advise you on important issues that must be resolved before a final order can be issued in your case. Under the [Illinois divorce Statutes](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086), this may include:

- **Marital property division of marital property:** Rather than dividing all marital property and assets evenly, the judge will weigh different factors to determine an arrangement that is fair.
- **Spousal support:** If you make less than your spouse, you may be entitled to spousal support.
- **Allocation of parental responsibilities:** Courts no longer award one parent custody and the other visitation. They allocate parental responsibility, based on all the facts in the case.

Come prepared to discuss the above and other important issues that could impact your rights in a divorce settlement. This includes any marital misconduct that may have occurred, such as affairs on the part of you or your spouse, and any allegations of domestic violence or other dangerous behavior. The best divorce lawyers will be compassionate while providing practical guidance regarding your rights and how these matters can be best addressed in divorce proceedings.

## Statistics on the Best Divorce Lawyers in Illinois

Divorce is often one of the most tumultuous and legally intricate experiences a person can endure. In Illinois, family law operates under the Illinois Marriage and Dissolution of Marriage Act, which governs various aspects of divorce, including custody arrangements, property division, and spousal support. Selecting the right attorney is crucial, as it can dramatically shape the outcomes of these sensitive matters. But how can you pinpoint the best divorce lawyers in the state, and what insights do the statistics provide?

The landscape of divorce lawyers in Illinois according to [Avvo’s extensive legal directory](https://www.avvo.com/divorce-separation-lawyer/il.html), there are approximately 1,549 divorce lawyers actively practicing across Illinois. These attorneys come from diverse backgrounds, showcasing a wide range of experiences and specializations. Geographic distribution is significant, with a notable concentration of legal professionals in major urban centers like [Chicago,](https://www.chicago.gov/) Naperville, Aurora, and Springfield, each offering a unique set of legal services tailored to their communities.

### Defining “Best” Divorce Lawyers

Key Metrics Legal platforms such as Avvo, Justia, and LawyerLegion utilize various metrics to determine which attorneys rank as the “best.” These metrics include:

**Client Reviews and Peer Endorsements** – Feedback from previous clients and endorsements from fellow legal professionals serve as reflective indicators of an attorney’s reputation and effectiveness.

**Years of Experience** – The length of an attorney’s career can often correlate with their understanding of complex legal nuances and their ability to navigate the divorce process successfully.

**Board Certifications and Professional Memberships** – Recognized certifications and active participation in professional organizations suggest a commitment to ongoing education and ethical practices.

**Success in High-Profile or Complex Cases** – An attorney’s track record with challenging cases can highlight their capability and expertise in achieving favorable outcomes.

**Community Involvement and Leadership Roles** – Attorneys who engage with their communities demonstrate a commitment to service beyond their legal practices, often building a strong rapport with their clients. For example, Avvo employs a proprietary rating system that merges public data, client feedback, and professional achievements to assign scores ranging from 1 to 10. Lawyers with a perfect score of 10.0 indicate an exceptional blend of performance and client satisfaction.

### Comprehensive Services Offered by Top Attorneys

The most esteemed divorce attorneys in Illinois generally provide a suite of invaluable services to facilitate a smoother client experience:

**Free Initial Consultations** – Many offer complimentary consultations to discuss potential cases, allowing clients to gauge the attorney’s compatibility without financial commitment.

**Video Conferencing and Remote Case Management** – Embracing modern technology, these lawyers provide virtual meeting options and remote case management tools, ensuring convenience and accessibility.

**Flat-Fee or Transparent Billing Structures** – Attorneys often adopt clear and straightforward billing practices, which helps alleviate client anxiety over unexpected costs.

###  Specialization in Collaborative Divorce or Mediation

By focusing on alternative dispute resolution methods, these attorneys help clients seek amicable solutions, reducing the stress and adversarial nature commonly associated with traditional divorce proceedings. The emphasis on these services reflects a broader trend towards client-centered practices, particularly pronounced in the wake of the pandemic, where adaptability and accessibility have become paramount.

### Evolving Trends in Demand for Divorce Attorneys

In recent years, Illinois has witnessed a steady increase in demand for divorce attorneys, particularly in urban and suburban areas. Several factors contribute to this trend:

**Growing Awareness of Legal Rights** – More individuals are becoming informed about their legal rights regarding custody and property disputes, prompting them to seek knowledgeable representation.

**Increased Utilization of Mediation and Collaborative Divorce** – Many clients prefer these approaches as they can foster mutual agreements, lessening conflict and roadblocks in the divorce process.

**Rising Complexity in High-Net-Worth Divorces** – As financial portfolios become more intricate, individuals require specialized legal guidance to navigate the complexities of asset division.

Today’s legal consumers are equipped with an abundance of information; they increasingly rely on online platforms to evaluate attorneys based on verified reviews, responsiveness, and areas of expertise.

Choosing the[ best divorce lawyer in Illinois](https://familylawadvocate.com/) transcends mere credentials. It involves finding an attorney who resonates with your goals, communicates effectively, and possesses a profound understanding of the nuances inherent in Illinois family law. With over 1,500 attorneys available and a wealth of reviews accessible online, data-driven platforms such as Avvo and Justia serve as invaluable resources for making well-informed decisions in this challenging and often emotional journey.

## Contact Our Chicago Divorce Lawyers Today

Looking for the [best divorce attorneys in Chicago](https://familylawadvocate.com/divorce/)? Look no further than Gordon & Perlut, LLC. Since 1998, we have been providing caring support, trusted guidance, and professional legal representation to clients in a variety of different types of divorce cases. Find out more about how our legal team can help you. Give us a call at 312-360-0250 to request a confidential, complimentary initial consultation today.

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### [Study Finds Midlife Divorce May Boost Women’s Well-Being](https://familylawadvocate.com/study-finds-midlife-divorce-may-boost-womens-well-being/)

**Published:** August 19, 2025
**Author:** familylawadvocate

**Content:**

As experienced divorce attorneys practicing throughout Illinois, we have seen how divorce, especially during midlife, can feel like a major disruption to life as you know it. For many women in their 40s and 50s, the idea of starting over can seem overwhelming, particularly when children, finances, and decades of shared history are involved. However, a [recent long-term study](https://womensagenda.com.au/life/the-silver-lining-effect-for-women-who-separate-from-a-partner-in-mid-life-study/) from Australia reveals something important: for many women, life satisfaction steadily improves in the years following a midlife divorce, often surpassing their previous levels of happiness. That shift is not just personal; it has real legal and practical implications for how you approach your divorce case in Illinois.

While the study was conducted overseas, the emotional patterns are universal. Women facing separation in midlife tend to struggle initially, but over time, they rebuild. Financial stability, strong support networks, and control over one’s choices contribute to this long-term boost in well-being. These same factors also intersect with the legal aspects of divorce under Illinois law.

## Understanding Illinois Divorce Law And What It Means For Midlife Women

In Illinois, divorce is governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://law.justia.com/codes/illinois/chapter-750/act-750-ilcs-5/)). The law treats all divorcing spouses equally, regardless of gender. However, the realities of midlife divorce often involve unique legal questions around spousal maintenance, retirement assets, real property, and adult children.

When it comes to spousal maintenance (commonly called alimony), the court considers the length of the marriage, the age and health of each spouse, their earning capacity, and their standard of living during the marriage. For midlife women who may have paused their careers to raise children or support a spouse’s career, this factor is critical. Under [750 ILCS 5/504](https://www.ilga.gov/Legislation/ILCS/Articles??DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000), maintenance can be ordered to help a financially dependent spouse rebuild after divorce.

Another key issue is the division of retirement accounts. Midlife divorce often involves splitting pensions, 401(k)s, IRAs, and other long-term investments. Illinois follows the principle of equitable distribution under [750 ILCS 5/503](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-503/), meaning marital property is divided fairly, though not always equally. This includes contributions to retirement made during the marriage, even if only one spouse’s name is on the account.

Marital homes and real property are also central to midlife divorces. Whether one spouse will keep the home or it will be sold depends on both financial feasibility and the parties’ agreements. Courts look at contributions to mortgage payments, upkeep, and the overall value of the asset.

Finally, for midlife women with adult children, there may be fewer child custody disputes, but ongoing issues like college expenses, health insurance, and support agreements still apply. Illinois courts may order both parties to contribute to higher education costs under [750 ILCS 5/513](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-513/).

## Why Emotional Recovery Matters In Divorce Strategy

The Australian study found that many women experienced increased well-being within three to four years of divorce, especially those who exited high-conflict relationships. That’s a powerful reminder: emotional clarity and legal strategy often go hand in hand. Women who feel supported, both legally and socially, are more likely to emerge from divorce with confidence and a plan for the future.

When we work with midlife women, we often help them reframe the divorce process as an opportunity to regain financial independence, restructure their lives, and protect what they’ve worked so hard to build. The law gives us the tools, but your mindset and goals shape how we use them.

We also emphasize the importance of realistic outcomes. If a spouse has relied on another for income, spousal support may be critical. If retirement is close, preserving long-term financial stability becomes a top priority. These are not just financial issues, they impact your ability to thrive in the years ahead.

## Divorce Frequently Asked Questions

### What Rights Do Midlife Women Have During A Divorce In Illinois?

Women have the same legal rights as men during a divorce under Illinois law. This includes the right to a fair division of marital property, potential spousal maintenance, and access to retirement accounts or pensions earned during the marriage. Courts look at each spouse’s contributions, financial and non-financial, when dividing assets.

### Can I Get Spousal Maintenance If I’ve Been Out Of The Workforce?

Yes. Under [750 ILCS 5/504](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-504/), courts consider whether a spouse sacrificed career advancement to raise children or support a household. Maintenance is often awarded in long-term marriages to help one spouse maintain a reasonable standard of living or gain financial independence.

### Is It Too Late To Protect My Retirement In A Midlife Divorce?

No. Retirement accounts are considered marital property if contributions were made during the marriage. Under [750 ILCS 5/503](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-503/), the court can order the division of pensions, 401(k)s, and IRAs. These assets can be divided using a Qualified Domestic Relations Order (QDRO), even if your name isn’t on the account.

### What If I Want To Keep The Marital Home?

Keeping the home is possible if you can afford to buy out your spouse’s interest or offset it with other assets. The court evaluates whether it’s financially reasonable and fair. Emotional attachment to the home is understandable, but financial stability must come first.

### Does Illinois Require A Reason To File For Divorce?

No. Illinois is a no-fault divorce state. Under [750 ILCS 5/401(a)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-401/), the only ground for divorce is “irreconcilable differences,” meaning the marriage has broken down beyond repair. Neither party needs to prove wrongdoing.

### Can Midlife Divorce Improve My Mental Health?

Studies suggest that many women experience relief and increased happiness after leaving high-stress relationships. Emotional recovery varies by person, but having strong support and legal guidance can reduce the long-term impact of divorce.

### How Long Does A Midlife Divorce Take In Illinois?

The timeline depends on the complexity of the case. Uncontested divorces may be resolved in a few months, while high-asset or contested cases can take a year or more. Delays may arise from property valuation, discovery, or negotiation of terms.

### Are My Adult Children Considered In Divorce Proceedings?

While custody isn’t an issue for adult children, courts may order parents to contribute to college costs under 750 ILCS 5/513. Agreements may also include health insurance or financial assistance, depending on the child’s circumstances.

### Will My Happiness Improve After Divorce?

Many women report a gradual return to happiness after divorce, especially when leaving a stressful or emotionally draining relationship. Financial security, support networks, and control over your future all contribute to well-being over time.

### Do I Need A Lawyer For A Midlife Divorce?

Yes. Divorce at this stage involves property, retirement, and potential spousal support. An attorney ensures your rights are protected and helps you plan for long-term stability.

## Call Gordon & Perlut, LLC For Exceptional Legal Representation

At Gordon & Perlut, LLC, we have helped countless women in midlife reclaim control of their lives through strategic, compassionate legal representation. If you’re considering divorce or already going through it, our team is here to support you at every step.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across all of Illinois and are ready to discuss your goals, protect your future, and help you move forward with confidence.

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### [Can A Parent Refuse Court-Ordered Visitation In Illinois? Legal Risks And Remedies](https://familylawadvocate.com/can-a-parent-refuse-court-ordered-visitation-in-illinois-legal-risks-and-remedies/)

**Published:** August 12, 2025
**Author:** familylawadvocate

**Content:**

As divorce attorneys serving families throughout Chicago and across Illinois, we often get asked if a parent can refuse to comply with a court-ordered parenting schedule. The answer is no. When a judge enters an order regarding parenting time—formerly called “visitation”—both parents are legally bound to follow it. Refusing to allow court-ordered time with the child is a violation of Illinois law and may have serious legal consequences. Whether you are the parent being denied time or you are considering withholding parenting time due to safety concerns, it’s critical to understand your rights and legal options under Illinois law.

## Illinois Law On Parenting Time Violations

Under the Illinois Marriage and Dissolution of Marriage Act, specifically [750 ILCS 5/607.5](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-607-5/), the court may penalize a parent who “intentionally and without good cause” interferes with the other parent’s parenting time. These penalties can include fines, mandatory counseling, makeup time, attorney’s fees, and even contempt of court charges. If the interference continues, the court may consider modifying the existing parenting time or responsibilities. Illinois courts are required to make decisions based on the best interests of the child, and repeated violations are seen as harmful to the child’s emotional development.

### Refusing Visitation For Legitimate Safety Concerns

We understand that some parents are motivated by concern for their child’s safety, such as if the other parent is suspected of drug use, emotional abuse, or erratic behavior. However, Illinois law does not allow a parent to act alone in denying parenting time. Instead, the correct course of action is to file an Emergency Motion to Restrict Parenting Time under [750 ILCS 5/603.10](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-603-10/). This motion must include a sworn affidavit explaining the circumstances. If the court agrees that the child may be in danger, it can issue a temporary restriction and set a hearing within 14 days.

### How To Enforce Your Parenting Time Rights

If you’re being denied court-ordered parenting time, you have options. You can file a Petition for Enforcement of Parenting Time under [750 ILCS 5/607.5(b)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-607-5/). The court will evaluate whether the denial was without justification. If it were, the court may award you additional parenting time, order the other parent to pay legal fees, and may even issue sanctions for contempt of court. Documentation is key—text messages, emails, and detailed records of missed exchanges can support your case.

### Legal Consequences Of Violating A Court Order

Violating a court order—no matter how well-intentioned—can seriously impact a parent’s legal standing. Courts expect parents to follow orders until they are modified through proper legal channels. Violating an order can result in contempt charges, reduced parenting time, mandatory supervised visitation, and, in extreme cases, even jail. Judges take parenting orders seriously, and acting outside the court’s authority is a legal misstep with long-lasting consequences.

### When And How To Request A Modification

If your circumstances have changed and the current parenting schedule no longer works or places your child at risk, you can request a modification. A substantial change in circumstances—such as relocation, job changes, or concerns about the child’s safety—may justify a motion to modify under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm). We can help you present evidence to the court showing why the parenting plan should be adjusted in your child’s best interest.

## FAQs: Illinois Parenting Time And Visitation Law

### Can A Parent Legally Withhold Visitation If The Other Parent Owes Child Support?

No. Parenting time cannot be denied due to unpaid support. These are two separate legal matters. A parent behind on support must still be allowed court-ordered visitation.

### What If I’m Afraid For My Child’s Safety During Visitation?

You must file an Emergency Motion to Restrict Parenting Time under [750 ILCS 5/603.10](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-603-10/). Acting alone to deny time without a court order puts you at legal risk.

### Can Visitation Be Modified If A Parent Repeatedly Violates The Schedule?

Yes. If a parent continues to ignore court orders, the court may modify the parenting plan or reduce their time. Courts act based on the child’s best interests.

### What Is Contempt Of Court In Parenting Time Cases?

Contempt occurs when a parent knowingly violates a court order. Consequences include fines, makeup parenting time, and, in serious cases, jail.

### Can A Child Refuse To Visit The Other Parent?

Children do not get to decide. Parents are obligated to follow court orders. If there are problems, you may need to request a modification or appoint a guardian ad litem.

### Can Visitation Be Supervised If The Other Parent Is Unstable?

Yes. The court may order supervised visitation if one parent has substance abuse, mental health issues, or a history of violence.

### What If Both Parents Agree To Change The Schedule Without Going To Court?

While informal agreements may seem convenient, they are not legally enforceable. You should submit a revised schedule for court approval to avoid future disputes.

### How Can I Prove The Other Parent Is Denying My Parenting Time?

Keep detailed records: document missed exchanges, save texts or emails, and note any communications that show noncompliance with the court order.

### How Fast Can I Get A Hearing If My Child Is In Danger?

Emergency motions are typically set for hearing within 14 days, and the court may issue temporary orders immediately if the child is at risk.

### Can The Court Order Counseling Or Education Classes For Parents?

Yes. Courts may order parenting classes, counseling, or therapy when they believe it’s necessary for the child’s well-being or to reduce parental conflict.

## Call Gordon & Perlut, LLC, For Legal Help With Visitation Disputes In Illinois

If you’re dealing with denied visitation or considering whether to withhold parenting time due to serious concerns, it’s important to talk to an experienced family law attorney before making any decisions. At Gordon & Perlut, LLC, we help parents throughout Illinois handle these disputes the right way—through the legal system and with the child’s best interests in mind.

Contact our [Chicago parenting time lawyers](https://familylawadvocate.com/divorce/visitation/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across all of Illinois in parenting time and divorce matters.

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### [Virtual Visitation In Illinois Parenting Plans Staying Connected After Divorce](https://familylawadvocate.com/virtual-visitation-in-illinois-parenting-plans-staying-connected-after-divorce/)

**Published:** August 4, 2025
**Author:** familylawadvocate

**Content:**

As Illinois divorce attorneys, we understand how emotionally difficult it can be for parents and children to adjust to life after divorce. Maintaining meaningful parent-child relationships is one of the top concerns our clients have during and after the divorce process. Fortunately, modern technology gives families more ways to stay connected, even when physical distance makes in-person visits challenging. One option that can help bridge that gap is virtual visitation, an increasingly common part of Illinois parenting plans.

## Illinois Law On Virtual Visitation And Parenting Time

Under Illinois law, parenting time arrangements are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), specifically [750 ILCS 5/602.5](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-5/) and [750 ILCS 5/602.7](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-7/). These statutes make it clear that parenting plans must reflect the child’s best interests and that courts should consider each parent’s ability to foster a relationship between the child and the other parent. This includes not only traditional, in-person visitation but also electronic communication.

## How Virtual Visitation Works And What It Includes

Virtual visitation, also referred to as electronic communication, may involve video calls, text messages, emails, or other digital interactions between a child and a non-custodial parent. According to [750 ILCS 5/602.10(e)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-10/), courts may consider whether electronic communication is appropriate and in the child’s best interests. In many situations, virtual visitation is an excellent supplement to in-person time, helping parents maintain bonds even when separated by distance, work schedules, or other challenges.

## Benefits Of Virtual Visitation For Parents And Children

We’ve seen firsthand how virtual visitation supports the parent-child relationship after divorce. It allows parents who travel frequently or live in another city to read bedtime stories, help with homework, or just check in after school. And it can be especially useful when illness or weather makes in-person visits impractical. However, virtual time is not intended to replace in-person parenting time; it is a supplement, not a substitute.

## Drafting Clear Virtual Visitation Terms In A Parenting Plan

When building or modifying a parenting plan, it’s important to clearly define the scope of virtual visitation. We work with clients to ensure that parenting plans address frequency, duration, the platforms used (such as FaceTime, Zoom, or Skype), and any agreed-upon rules for conduct. For example, one parent may want the child to have quiet time before a virtual visit or limit screen time in the evening. Putting expectations in writing can help avoid future disputes.

## What The Court Considers When Evaluating Virtual Visitation

Courts may also consider whether both parents have access to the necessary technology and whether the child is old enough to participate effectively in video calls. Illinois courts focus on the child’s needs first and foremost. If virtual visitation is likely to benefit the child and can be facilitated without conflict, the court is likely to approve it.

## Respecting Boundaries And Avoiding Misuse Of Virtual Visitation

It’s important to note that virtual visitation cannot be used to monitor or control the other parent. Parents are expected to respect boundaries and focus on building healthy communication with their children. If conflicts arise over how virtual time is being used, or misused, we assist our clients in seeking legal remedies or modifications as needed.

## Supporting Parent-Child Relationships Through Legal Solutions

As divorce lawyers serving families throughout Illinois, we’re committed to protecting your rights and helping you stay close to your children. Whether you are creating a new parenting plan or need to enforce or modify an existing one, we can help ensure that your voice is heard and your relationship with your child is supported.

## Frequently Asked Questions About Virtual Visitation In Illinois

### What Is Virtual Visitation In Illinois?

Virtual visitation, also called electronic communication, is a way for a parent and child to stay connected through video calls, phone calls, texts, or email when they are not physically together. Illinois courts allow virtual visitation as part of parenting plans under [750 ILCS 5/602.10(e)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-10/), as long as it serves the child’s best interests. While not ideal, it is a useful tool in certain cases.

### Is Virtual Visitation Legally Enforceable In Illinois?

Yes, if virtual visitation is included in a court-approved parenting plan, both parents are required to follow it. If one parent denies access or refuses to cooperate, the other parent can file a motion with the court to enforce the agreement.

### Can Virtual Visitation Replace In-Person Parenting Time?

No. Virtual visitation is not meant to replace regular in-person parenting time. Courts in Illinois treat it as a supplement, not a substitute. A parent cannot use virtual visitation to justify fewer physical visits or avoid travel responsibilities.

### Can The Court Order Virtual Visitation Without An Agreement Between The Parents?

Yes. If the court believes that virtual visitation is in the child’s best interests and both parents have access to the required technology, the judge may include electronic communication in the parenting plan, even over one parent’s objection.

### What Factors Do Courts Consider When Granting Virtual Visitation?

Illinois courts look at the child’s age and developmental needs, the availability and reliability of technology, the willingness of each parent to cooperate, and whether the communication benefits the child’s emotional well-being. The court must always act in the child’s best interests under [750 ILCS 5/602.7](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-7/).

### Can A Parent Supervise Virtual Visitation?

In some cases, yes. If the court believes supervision is necessary to protect the child, it may order monitored virtual visits. This can be common in situations involving parental conflict, abuse allegations, or if the child is very young and needs assistance.

### Can A Child Refuse Virtual Visitation?

Generally, children are expected to follow the parenting plan approved by the court. However, if a child consistently resists virtual visits, the court may review the circumstances to determine if a change to the parenting plan is appropriate. The child’s wishes may be considered depending on their age and maturity.

### What Should Be Included In A Parenting Plan About Virtual Visitation?

A detailed parenting plan should include the type of electronic communication allowed, the frequency and duration of virtual visits, specific time frames, and any rules for conduct. This can help reduce confusion and conflict between parents.

### What Happens If A Parent Violates The Virtual Visitation Schedule?

If a parent refuses to allow scheduled virtual visits or interferes with communication, the other parent can request court enforcement. Violating the parenting plan can result in legal consequences, including contempt of court.

### How Can I Modify A Parenting Plan To Add Virtual Visitation?

You can file a petition with the court to modify your parenting plan if circumstances have changed. This may include a move, work schedule changes, or the child’s needs. We help our clients present strong cases to the court for parenting plan modifications.

## Call Gordon & Perlut, LLC, For Help With Virtual Visitation In Illinois

At Gordon & Perlut, LLC, we understand how important it is to stay connected with your child after divorce. If you’re looking to include virtual visitation in your Illinois parenting plan, or need help enforcing or modifying an existing plan, our attorneys are ready to support you every step of the way.

We represent clients across Illinois and offer a free phone consultation to discuss your case. Contact our [Chicago parenting time lawyers](https://familylawadvocate.com/divorce/visitation/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** Parenting Time Lawyers

---

### [Parenting Time Exchanges in High-Conflict Illinois Divorces: How to Keep the Peace](https://familylawadvocate.com/parenting-time-exchanges-in-high-conflict-illinois-divorces-how-to-keep-the-peace/)

**Published:** July 28, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we understand that parenting time exchanges can be one of the most emotionally charged parts of a divorce. When parents are in a high-conflict relationship, even a simple handoff can turn into a confrontation. Our goal as divorce attorneys is to help families reduce this tension and ensure that parenting time exchanges are handled safely and respectfully. We know from experience that consistent structure, clear communication, and thoughtful planning can prevent escalation and protect the well-being of your children. Illinois law supports this framework, and we use every legal tool available to support our clients through these difficult transitions.

Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/600 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600)), courts are required to make decisions based on the best interests of the child. This includes how and where parenting time exchanges take place. In high-conflict situations, the court may implement specific conditions to reduce contact between the parents and minimize potential harm to the children. As your attorneys, we can petition the court to include detailed parenting time provisions that eliminate gray areas and protect everyone involved.

## Creating Clear Parenting Time Schedules Matters

One of the most effective ways to manage high-conflict parenting situations is to have a well-defined parenting time schedule. Illinois law encourages clarity in parenting plans, which are typically included in the Allocation Judgment. According to [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm), the court may allocate parenting time based on a written agreement or, if parents cannot agree, enter a plan based on the child’s best interests.

When tensions are high, vague agreements invite conflict. We encourage our clients to include clear exchange times and locations, identify which parent is responsible for transportation, and determine how unexpected changes should be handled. When these details are already agreed upon and ordered by the court, there is less room for dispute.

## Neutral Exchange Locations And Third-Party Facilitators

In high-conflict cases, it is often wise to choose a neutral location for parenting time exchanges. This could be a public place such as a school, police station (which most Judges avoid if possible), or other designated safe zone. Illinois courts can require that parenting time exchanges occur in such settings to protect the children and parents.

We have also requested supervised exchanges or third-party facilitators where appropriate. These measures are especially useful when there is a history of domestic violence, emotional abuse, or police involvement. Under [750 ILCS 5/603.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm), a court may impose restrictions on parenting time if it finds that unrestricted contact would seriously endanger the child’s physical, mental, moral, or emotional health. We can request that supervisors or neutral parties be appointed for exchanges to ensure safety and compliance.

## Using Technology To Reduce Face-To-Face Conflict

Communication between parents during high-conflict divorces can lead to arguments, even during short interactions. Illinois courts have recognized the value of using technology such as parenting apps (like [OurFamilyWizard](https://www.ourfamilywizard.com/) or [TalkingParents](https://talkingparents.com/)) to facilitate communication in a more structured, less volatile way. These tools create a digital record of messages and exchanges, which can be helpful if court intervention becomes necessary.

We often include language in parenting plans that limits communication to written formats or restricts in-person conversation to emergency matters only. This helps reduce misunderstandings and keeps exchanges focused solely on the children.

## Modifying Parenting Time Orders When Problems Arise

If parenting time exchanges continue to create conflict or present risks, the court can step in. Under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm), either party may petition to modify the parenting time provisions of the Allocation Judgment if there is a substantial change in circumstances or if the modification is in the child’s best interests. We frequently assist clients in gathering evidence, documenting problems, and presenting their case to the court when a change is necessary.

Our role is to advocate for a safe, workable arrangement that supports your child’s needs and respects your legal rights as a parent. When the court is presented with a well-documented record of ongoing conflict, it has the authority to intervene and impose new conditions that can protect your family.

## FAQs About Parenting Time Exchanges In Illinois

### What Can I Do If My Ex Refuses To Follow The Parenting Time Schedule?

If the other parent refuses to follow the schedule, you can file a motion with the court asking for enforcement. The court may order makeup parenting time, modify the schedule, or impose penalties under [750 ILCS 5/607.5](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-607-5/), which addresses interference with parenting time.

### Can Parenting Time Exchanges Be Supervised In Illinois?

Yes. If there is concern for safety or past incidents of domestic violence or verbal abuse, the court can order supervised exchanges under [750 ILCS 5/603.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm). A neutral third party or supervisor ensures that the exchange happens peacefully.

### Do We Have To Communicate During Exchanges?

Not necessarily. If conflict is high, we often recommend that communication be kept to written messages only or through parenting apps. Courts can include language in your parenting plan limiting verbal communication during exchanges to emergencies only.

### Can The Police Help With Parenting Time Exchanges?

Police officers generally do not enforce civil parenting orders unless there is an immediate danger. However, some families arrange for exchanges at police stations, which can provide a safer environment and discourage confrontation, although Judges tend to avoid police stations if possible.

### What If My Child Does Not Want To Go During The Exchange?

You are required to make your child available for court-ordered parenting time. If there is a serious issue behind your child’s resistance, it may be appropriate to seek a modification through the court. Do not unilaterally deny parenting time without a court order.

### Is It Okay To Bring A Friend Or Relative To The Exchange?

In high-conflict situations, having another adult present can help prevent disputes. We often recommend that exchanges take place with a witness or in a public location. Some parenting plans may specifically allow or restrict who can be present.

### How Can I Modify The Exchange Location If It Is No Longer Working?

You can file a motion to modify the parenting plan under [750 ILCS 5/610.5](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-610-5/). The court will consider whether the change is in the child’s best interest and whether circumstances have changed enough to justify the request.

### Will My Child Have A Say In How Exchanges Happen?

While the court considers the child’s wishes depending on their age and maturity ([750 ILCS 5/602.7](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-7/)), it is not the sole factor. The court’s primary focus is the child’s best interest, which may or may not align with their preferences.

### Should We Include Exchange Details In Our Parenting Plan?

Yes. A good parenting plan should include specific details about times, locations, transportation, and communication methods. This reduces future disputes and helps both parents know exactly what is expected.

### Can I Record Parenting Time Exchanges In Illinois?

Illinois is a two-party consent state, meaning both parties must agree to be recorded. However, video surveillance in public places (like parking lots or police stations) is often permitted. Always speak with an attorney before attempting to record exchanges.

## Call Gordon & Perlut, LLC To Discuss Parenting Time Conflicts Today

At Gordon & Perlut, LLC, we know how difficult parenting time exchanges can be in a high-conflict divorce. Our attorneys work closely with clients to build parenting plans that minimize conflict, support your child’s well-being, and protect your legal rights. If you’re facing stressful exchanges or concerned about safety, we are ready to help you find solutions backed by Illinois law.

Contact our [Chicago parenting time lawyers](https://familylawadvocate.com/divorce/visitation/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are here to help your family move forward with greater peace and stability.

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### [Firefighters Face Higher Divorce Rates According To Study](https://familylawadvocate.com/firefighters-face-higher-divorce-rates-according-to-study/)

**Published:** July 22, 2025
**Author:** familylawadvocate

**Content:**

As [family law attorneys in Chicago](https://familylawadvocate.com/), we’ve worked with many first responders, including firefighters, who face unique challenges in marriage and divorce. A [recent national study](https://www.firerescue1.com/research/firefighter-divorce-3-important-facts) confirms what many have long suspected—female firefighters experience significantly higher divorce rates than the general population. In contrast, male firefighters are slightly less likely to divorce than their non-firefighting peers. While statistics alone can’t predict the outcome of a specific marriage, the numbers do reveal important stressors that firefighters and their families face—and how those pressures can affect divorce proceedings here in Illinois.

We understand that a career in the fire service often means long shifts, unpredictable hours, and the emotional toll of responding to life-threatening emergencies. These factors strain even the strongest relationships. When divorce becomes a reality, understanding your legal rights and responsibilities under Illinois law is essential, especially if you’re a firefighter or married to one.

## Why Female Firefighters Face Higher Divorce Rates

The study, based on data from over 1,400 firefighters across 31 departments, found that while 11.8% of male firefighters were divorced, female firefighters had a divorce rate of 32.1%. That’s nearly triple. Factors may include workplace dynamics, stress, lack of spousal support, and role expectations, particularly for women working in male-dominated fields like firefighting. Regardless of the cause, these rates raise important legal concerns when divorce occurs.

## Illinois Divorce Law And The Firefighting Profession

In Illinois, all divorces follow a no-fault model under [750 ILCS 5/401(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm), meaning a couple only needs to show irreconcilable differences. However, the court can—and often does—consider the realities of a person’s job when evaluating child custody, parenting time, and financial obligations.

A firefighter’s unpredictable schedule can complicate shared parenting plans under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), which governs the allocation of parenting time. Courts consider each parent’s ability to meet the child’s needs, including how a parent’s work schedule affects availability. This means firefighters, particularly those with 24-hour shifts or rotating schedules, must present well-prepared parenting plans to show they can remain actively involved.

## Pension Division And Marital Property

Firefighters typically earn pensions through the Illinois Municipal Retirement Fund (IMRF) or a local fire pension system. Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), these pensions are considered marital property if earned during the marriage. Even if the pension is not yet being paid out, it can be divided between spouses in a divorce. This requires a Qualified Illinois Domestic Relations Order (QILDRO), a court order used to allocate retirement benefits between parties.

For firefighters who remarried after a prior divorce, as the study also noted, prior support orders and pension division agreements can influence new support calculations.

## Spousal Support And Child Support

The Illinois guidelines for spousal support (maintenance) are outlined in [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). A firefighter’s income, including overtime and hazard pay, can factor into both spousal and child support calculations. However, because income in this profession can fluctuate, it’s essential to present accurate financial records and argue for reasonable projections, especially if income varies seasonally or by assignment.

For child support, Illinois follows an income-shares model under [750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm), which means both parents’ incomes are used to calculate the amount of support. Again, overtime pay and secondary jobs—common among firefighters—may be included, which can raise questions during financial discovery.

## Mental Health And Emotional Stress In Custody Cases

Firefighting is one of the most mentally and emotionally demanding careers. Courts recognize the emotional impact on both the firefighters and the children involved. When custody is disputed, mental health evaluations or parental fitness may come into play. We have helped clients demonstrate their emotional readiness to parent—even in a stressful career field—by presenting testimony, records, and character witnesses.

## What This Means For Illinois Firefighters Facing Divorce

Whether you are a firefighter or the spouse of one, it’s important to work with attorneys who understand how your career affects custody, support, and property division. Divorce is hard on any family, but the legal system allows you to protect your time with your children, your retirement, and your rights if you take the right steps early.

## Frequently Asked Questions About Divorce For Firefighters In Illinois

### Does Being A Firefighter Affect Custody Decisions In Illinois?

Yes. Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), the court considers each parent’s availability, stability, and ability to care for the child when allocating parenting time. Firefighters often work 24-hour shifts, which means schedules must be carefully outlined in any proposed parenting plan. If your schedule makes consistent parenting time difficult, you may need to demonstrate flexibility and support systems that ensure your child’s needs are met.

### How Are Firefighter Pensions Divided During Divorce In Illinois?

Pensions earned during the marriage are considered marital property under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm) and may be divided. A special court order known as a QILDRO is required to divide a firefighter pension. If a firefighter has years of service both before and during the marriage, the court will usually divide only the marital portion. Accurate pension valuations are essential.

### Can My Overtime As A Firefighter Be Counted Toward Child Support?

Often, yes. Illinois courts consider gross income from all sources under 750 ILCS 5/505 when calculating child support. If your overtime is consistent and predictable, it may be factored in. If it’s sporadic or mandatory, your attorney can argue for excluding or adjusting that income to reflect your true earning capacity.

### How Does Illinois Handle Spousal Support For Firefighters?

Spousal support is governed by [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). Courts consider the firefighter’s income, the length of the marriage, and the financial needs of both spouses. Because firefighters often earn substantial overtime or hazard pay, it’s crucial to determine a fair and realistic support obligation, especially if income fluctuates.

### What Happens If A Firefighter Has Multiple Marriages?

Illinois courts review existing child support and spousal support obligations when calculating new ones. If a firefighter has already been divorced, prior support orders will affect future proceedings. The court cannot order support beyond what the law allows, but multiple obligations can complicate calculations and budgeting.

### Are Female Firefighters More Likely To Divorce Than Male Firefighters?

According to the 2025 study, yes. Female firefighters had a divorce rate of 32.1%, much higher than the general population and male firefighters. This may reflect job stress, work-life balance issues, or social expectations. These stressors should be addressed during divorce negotiations to ensure fair parenting and financial arrangements.

### Can The Court Consider Mental Health Or Stress From The Job In Custody Matters?

Yes. The court can consider any factor affecting a parent’s ability to care for their child, including work-related stress or trauma. If mental health is raised in court, a psychological evaluation may be ordered. We’ve helped many firefighter clients show that, despite stress, they are capable, loving parents.

### Can A Firefighter Request A Modified Parenting Plan Due To Schedule Changes?

Yes. Under 750 ILCS 5/610.5, a parenting plan can be modified if there’s a substantial change in circumstances. A new assignment, promotion, or change in shift schedule may qualify. We can file a petition for modification on your behalf if it’s in the best interest of your child.

### Can I Keep My Firearm As A Firefighter During Divorce?

Possibly. If there is no order of protection or criminal charge, your rights to possess a firearm may not be affected. However, if there are allegations of domestic violence, the court may restrict firearm access during the proceedings. We take steps to preserve your professional needs while addressing the court’s concerns.

### Do Firefighters Going Through Divorce Need A Lawyer Familiar With Their Career?

Absolutely. The demands of the fire service affect custody, finances, and property division. Working with attorneys who understand how your job impacts your divorce can make a significant difference in protecting your rights, your parenting time, and your financial future.

## Talk To A Divorce Attorney Who Understands Firefighter Divorce

At Gordon & Perlut, LLC, we understand the unique family law issues faced by Illinois firefighters and their families. Whether you are just beginning the divorce process or need help modifying a parenting plan, we are ready to help protect what matters most—your children, your pension, and your future.

If you are a firefighter or married to one and considering divorce, call Gordon & Perlut, LLC today. We offer free phone consultations and represent clients throughout Illinois. If you’re facing divorce, contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a free consultation](https://familylawadvocate.com/contact-us/). Speak with a family law attorney who understands your concerns and can help you move forward.

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### [Study Challenges Assumption That Middle Aged Divorced Women Face Bleak Future](https://familylawadvocate.com/study-challenges-assumption-that-middle-aged-divorced-women-face-bleak-future/)

**Published:** July 15, 2025
**Author:** familylawadvocate

**Content:**

As experienced [Chicago divorce attorneys](https://familylawadvocate.com/), we know that divorce in midlife often comes with fear and uncertainty, especially for women. The assumption that women in their 40s and 50s face nothing but struggle after divorce is deeply ingrained. But new research offers encouraging insight: midlife divorce may be difficult in the short term, but for many women, happiness levels not only recover, they surpass what they experienced during the marriage. While no two divorces are the same, and Illinois law brings specific legal and financial realities, a [new study](https://phys.org/news/2025-05-silver-lining-effect-women-midlife.html) shows that the future is not necessarily bleak. It can be a fresh start.

At Gordon & Perlut, LLC, we work with many women going through midlife divorce. Often, they’re worried about financial security, property rights, and parenting time. These are valid concerns—and they’re governed by specific Illinois laws that deserve thoughtful attention. But what the South Australian study reveals is that long-term happiness is often still achievable, even when the short-term outlook feels uncertain.

## How Illinois Divorce Law Affects Midlife Women

In Illinois, the law supports equitable—not equal—distribution of marital property. Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), the court considers many factors when dividing assets, such as the length of the marriage, contributions to the marriage (including as a homemaker), and each party’s future earning potential. For many midlife women who have spent years raising children or supporting a spouse’s career, this statute can help ensure a fair outcome when it comes to dividing real estate, retirement accounts, or business interests.

When it comes to spousal maintenance (alimony), [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) guides whether and how much one spouse may owe the other after divorce. Maintenance may be especially relevant in midlife divorces where one spouse has been financially dependent for many years. Illinois courts use a formula to determine support, but they also have discretion based on circumstances like age, health, and income disparity.

## Parenting Time And Midlife Divorce With Children

Many women divorcing in their late 40s or early 50s still have children at home. Illinois law does not use the term “custody” anymore but refers to allocation of parental responsibilities under 750 [ILCS 5/602.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm) and [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7). Courts make decisions based on the child’s best interests, considering each parent’s involvement and ability to cooperate.

One encouraging point from the study is that women with children did not report significantly lower happiness levels post-divorce. That suggests strong parenting plans, legal support, and a focus on stability can lead to healthy outcomes for both parents and children.

## Support Networks And Rebuilding After Divorce

While the law handles the formal parts of divorce, rebuilding happiness also requires strong support systems. Women who reported a strong sense of control, access to social support, and satisfaction with their financial situation experienced faster recoveries. That lines up with our real-world experience—when our clients have access to reliable advice, advocacy, and a clear legal strategy, they make better long-term decisions and regain confidence more quickly.

## Our Perspective On The Research

The study from the University of South Australia echoes what we see every day in our practice. Midlife divorce is challenging—but it’s also a moment of transition that often leads to a stronger, more independent chapter of life. The law offers tools to protect your financial well-being, secure your parenting rights, and move forward.

We believe that with the right legal guidance, the end of a marriage does not mean the end of fulfillment, financial security, or purpose. It can mark the beginning of a new, more satisfying phase of life.

## FAQs About Midlife Divorce And Illinois Law

### Does The Length Of The Marriage Matter In Illinois Divorce?

Yes. Under Illinois law, the length of the marriage plays a major role in determining how property is divided and whether spousal maintenance is awarded. In longer marriages—especially over 10 years—the court is more likely to award maintenance, particularly when one spouse gave up career opportunities to care for the home or raise children. This is outlined in [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm), which also considers the standard of living during the marriage and the time needed to become self-supporting.

### Can A Woman Over 50 Still Get Spousal Maintenance In Illinois?

Yes. Maintenance in Illinois is not age-restricted. Courts look at income, health, employment history, and need. For women over 50 who may not have worked full time in years, the court may find maintenance appropriate to help transition into post-divorce life. Permanent maintenance is rare but may be ordered in marriages of long duration where one spouse has limited earning ability.

### How Does Illinois Handle Retirement Accounts In Divorce?

Retirement accounts accumulated during the marriage are considered marital property and are subject to division under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). That includes 401(k)s, pensions, and IRAs. Qualified Domestic Relations Orders (QDROs) are often used to divide retirement assets without early withdrawal penalties. This helps protect the financial future of spouses who may not have been the primary earners during the marriage.

### What If I Was A Stay-At-Home Parent For Years?

Illinois courts recognize non-financial contributions to a marriage. If you stayed home to raise children, that’s a major factor in how property and support are decided. You may be entitled to maintenance, a larger share of marital property, or both. Your attorney can make sure the court understands the full scope of your contributions.

### Is It Common For Women To Be Happier After Divorce?

Yes, especially over time. The study we referenced shows that many women experience increased happiness in the years following divorce, even if the short-term transition is hard. We’ve seen this firsthand—when women take legal control of their situation and plan for the future, it often leads to personal growth and greater life satisfaction.

### What If I’m Divorcing And Still Raising Kids?

Illinois law requires that parenting time and parental responsibilities be allocated based on the child’s best interests. Your voice matters in this process. Even if you weren’t the primary breadwinner, your parenting time and input are not diminished. The court will look at involvement, history of caregiving, and each parent’s ability to meet the child’s needs.

### Can I Keep The Family Home After Divorce?

Sometimes. If the home is marital property, it can be awarded to one spouse through negotiation or court order. Factors include whether minor children are living there, each spouse’s ability to afford the home, and how the rest of the assets are divided. We often help clients determine whether keeping the home is financially practical and legally sound.

### Will I Lose Health Insurance After Divorce?

Possibly, depending on your coverage. If you were on your spouse’s employer-sponsored plan, you might be eligible for COBRA coverage for a limited time. Otherwise, you’ll need to secure your own plan. In some cases, temporary maintenance awards can include costs for health insurance until a longer-term solution is arranged.

### Does Divorce Later In Life Affect Retirement Plans?

Yes, especially when you’re close to retirement. You’ll want to review all pension benefits, 401(k)s, and other retirement accounts. Illinois law allows for fair division, but that doesn’t mean everything is split 50/50. We help clients understand their rights and negotiate or litigate for the best possible outcomes as they near retirement.

### How Can Legal Support Improve My Outcome?

Having the right legal guidance helps ensure you don’t overlook critical issues like maintenance eligibility, tax consequences, asset valuation, or long-term financial planning. The decisions you make during divorce can affect the next 20 years of your life. We make sure your rights are protected from the beginning.

## Talk To Chicago Divorce Attorneys Who Understand Midlife Divorce

At Gordon & Perlut, LLC, we’ve helped many women secure a better future after a midlife divorce. You don’t have to go through it alone. We work closely with our clients to protect their finances, secure fair support, and safeguard their parental rights.

We’re ready to help you take control of your future. If you’re facing divorce, contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and are here to protect your rights and your future.

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### [Researchers Find Women Breadwinners Are More Likely to Divorce](https://familylawadvocate.com/researchers-find-women-breadwinner-are-more-likely-to-divorce/)

**Published:** July 7, 2025
**Author:** familylawadvocate

**Content:**

As Chicago divorce attorneys, we’ve seen firsthand how shifting financial roles in a marriage can reshape power dynamics—and, in some cases, lead to divorce. A recent report from Divorce.com, based on U.S. Census data, reveals that women who are the primary earners in their households are [divorcing at a significantly higher rate](https://fortune.com/2025/03/24/female-breadwinners-divorce-rates-unhappy-marriages/) than women who are not. Though female breadwinners represent only 16% of all households, they account for 42% of divorces. This contrast raises important questions—not just about gender expectations, but about the legal realities these women face under Illinois law.

The numbers tell a clear story. In heterosexual marriages where the woman is the main income earner, the divorce rate is nearly three times higher than in households where the man earns more. That rate skyrockets in single-income families led by women, rising to more than double that of single-income male-earner families. Whether caused by financial strain, shifting emotional roles, or cultural expectations, the legal consequences of divorce are the same, and they deserve close attention.

## How Illinois Law Handles Property Division And Spousal Support For Female Breadwinners

Under Illinois law, income does not determine fault, but it does affect how courts divide assets and determine support. Illinois is an *equitable distribution* state under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), meaning marital property must be divided fairly, though not always equally. If a woman earns more, she may be at risk of paying a larger portion in property settlement or even spousal maintenance to her lower-earning spouse.

Courts consider many factors when dividing property or awarding maintenance, including:

- The length of the marriage
- Each spouse’s income and earning capacity
- Contributions to the household (financial and non-financial)
- Future financial prospects

Under [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm), spousal maintenance (alimony) is awarded based on a statutory formula for marriages of less than 20 years and by judicial discretion for longer marriages. Women who are the primary breadwinners often find themselves responsible for paying maintenance, especially if their spouse has been out of the workforce.

## Parental Responsibilities And Child Support When Women Are The Primary Earners

The shift in income dynamics also affects parenting and support arrangements. Illinois courts prioritize the best interests of the child under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), which includes factors like parental involvement, stability, and cooperation. A mother earning significantly more may not automatically receive more parenting time. In fact, her income may lead to higher child support obligations if she has less parenting time than the other parent.

Child support in Illinois is calculated based on an “income shares” model under [750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm), meaning both parents’ incomes are factored into the support calculation. If the mother earns more, even if she has the majority of parenting time, she could still be ordered to contribute a larger share to the child’s expenses.

## Divorcing As A Female Breadwinner Can Feel Unfair—But Legal Strategy Matters

We understand that being the financial provider often comes with added stress and responsibility during divorce. It’s common for higher-earning women to feel that the law penalizes them for their success. While Illinois law does not discriminate based on gender, the practical outcomes often reflect traditional assumptions about finances and caregiving.

That’s why it’s so important to plan ahead. Strategic legal representation can help ensure that your financial contributions are acknowledged and your rights protected—whether that means negotiating a fair settlement, contesting spousal support, or securing a parenting plan that reflects the realities of your family life.

## Illinois Divorce Frequently Asked Questions

### What Are My Rights If I Earn More Than My Husband In An Illinois Divorce?

In Illinois, you have the same rights as any other spouse, regardless of income level. However, if you are the higher earner, you could be responsible for paying spousal maintenance and a greater share of marital debts or property division. The court will apply equitable distribution under 750 ILCS 5/503, which considers both spouses’ financial and non-financial contributions. If your spouse is unemployed or earns significantly less, the court may require you to pay temporary or permanent maintenance. This can be offset by demonstrating your spouse’s ability to work or highlighting their contributions to the marital estate.

### Can I Be Ordered To Pay Child Support If I’m The Primary Custodian And Breadwinner?

It’s possible. Illinois uses an income shares model under [750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm), which calculates child support based on both parents’ income and parenting time. Even if you are the custodial parent, if your income is much higher and your parenting time is not close to equal, the court may require you to contribute more. A strong parenting plan and a clear financial affidavit can help ensure a fair calculation.

### Is It Possible To Limit Spousal Maintenance In Advance Through A Prenup?

Yes. Under [750 ILCS 10/4](https://www.ilga.gov/legislation/ilcs/documents/075000100K4.htm), Illinois allows couples to create prenuptial or postnuptial agreements that address spousal maintenance. If you expect to earn significantly more than your partner during the marriage, a prenup can protect you from being required to pay maintenance later. However, the agreement must be entered into voluntarily, be fair at the time of signing, and not be unconscionable at the time of enforcement.

### How Does The Court Decide Who Gets More Parenting Time In Illinois?

The court looks at what serves the child’s best interests, not the parents’ income. Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), factors include the child’s relationship with each parent, caregiving history, proximity of residences, and willingness to cooperate. Earning more does not automatically give or take away parenting time. However, the court may consider a parent’s work schedule and ability to meet the child’s daily needs when creating a parenting plan.

### Can I Protect My Business Or Career Assets In A Divorce?

Yes, but it requires careful legal planning. If you built a business or acquired valuable professional assets during the marriage, they may be considered marital property. Under 750 ILCS 5/503, these assets may be subject to equitable division. However, it’s possible to argue for separate classification or protect future business income from division or maintenance calculations through expert valuation and structured settlements.

### Why Do Female Breadwinners Get Divorced More Often?

While we focus on legal outcomes, social and psychological factors also play a role. Studies suggest that traditional expectations around gender and income can create tension in marriages where the woman earns more. These pressures—combined with financial stress and imbalanced responsibilities—often lead to dissatisfaction. From a legal perspective, it’s important to know your rights and responsibilities, especially when you’ve been the primary earner.

## Call Gordon & Perlut, LLC To Learn More About Your Rights As A Female Breadwinner

If you’re a woman supporting your household financially and considering divorce, you need attorneys who understand how income, parenting, and asset division intersect under Illinois law. At Gordon & Perlut, LLC, we’re committed to helping you protect your future with smart, fair legal strategies.

If you’re facing divorce, contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois and are here to stand with you, every step of the way.

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### [What Happens After Divorce When One Parent Wants to Move?](https://familylawadvocate.com/what-happens-after-divorce-when-one-parent-wants-to-move/)

**Published:** July 1, 2025
**Author:** familylawadvocate

**Content:**

When one parent wants to move with a child after a divorce or custody judgment in Illinois, it’s not as simple as packing up and leaving. Illinois law treats this issue very seriously because it directly affects both the child and the other parent’s ability to maintain a meaningful relationship. We often work with parents facing this exact challenge, and we understand how emotional and complex it can be. Whether you’re the parent seeking the relocation or the one opposing it, the court must approve any significant move. Illinois law defines exactly what qualifies as a relocation and what steps must be taken before a parent can legally move.

Under Illinois law, specifically [750 ILCS 5/600(g)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600), a “relocation” is a move of more than 25 miles from a child’s current residence in Cook, DuPage, Kane, Lake, McHenry, or Will County—or more than 50 miles from other Illinois counties—or any move out of state. If a parent wants to move with the child beyond these limits, they must first provide written notice to the other parent and file that notice with the clerk of the court, as required under [750 ILCS 5/609.2(d)](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm). This notice must be given at least 60 days before the move unless there is a legitimate reason for shorter notice.

## Court Approval Is Required For Most Relocations

Even if the other parent agrees to the relocation, the notice still must be filed. If the other parent does not agree, the parent who wants to move must file a petition with the court requesting permission. The court does not automatically approve these petitions. Instead, judges examine what is in the best interests of the child. Under [750 ILCS 5/609.2(g)](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm), the court considers multiple factors, including:

- The child’s relationship with each parent.
- The reasons for the move and for opposing the move.
- The educational and emotional benefits of the relocation.
- Whether the move will enhance the child’s quality of life.
- Whether a realistic visitation schedule can be created for the non-moving parent.

These cases are highly fact-specific. We work closely with our clients to prepare the necessary evidence to show how a proposed move will affect the child positively or, if we are opposing the move, how it could harm the parent-child bond or create instability.

### What If A Parent Moves Without Permission?

Moving without court approval can lead to serious legal consequences. The court may order the child’s return, modify parenting time, or even consider the unauthorized move as a reason to change primary custody. Violating relocation laws can also reflect poorly on a parent’s judgment and willingness to cooperate with the other parent, both important factors in custody decisions.

### Can The Parenting Plan Be Modified After A Move?

Yes. If a relocation is approved, the parenting plan must be modified to account for the new distances and logistics. That may involve changes to transportation responsibilities, the frequency of parenting time, and long-distance visitation arrangements. We help parents renegotiate or litigate these changes to ensure the new plan is workable and fair.

### What Should You Do If You Or Your Co-Parent Is Considering A Move?

The sooner you get legal guidance, the better. These cases are time-sensitive and emotionally charged, and the court process can be difficult without proper preparation. Whether you’re looking to move with your child or prevent a move that could limit your parenting time, we can help you understand your rights, prepare your case, and protect your relationship with your child.

## FAQs About Illinois Move-Away Parenting Orders

### What Counts As A “Relocation” Under Illinois Law?

Under [750 ILCS 5/600(g)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600), a relocation is defined based on the county where the child currently resides. In the Chicago area—Cook, DuPage, Kane, Lake, McHenry, or Will County—any move of more than 25 miles qualifies. In all other Illinois counties, the move must be more than 50 miles to be considered a relocation. Moving out of Illinois with the child also counts, regardless of distance.

### Do I Need The Court’s Permission If The Other Parent Agrees To The Move?

Yes. Even if the other parent agrees, you still need to file written notice with the court. The other parent must sign the notice, and it must be filed at least 60 days before the intended move, as required by [750 ILCS 5/609.2(d)](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm). If the other parent does not object, the court may approve the relocation without a hearing, but the legal process still needs to be followed.

### What If The Other Parent Doesn’t Agree To The Move?

If there is no agreement, the parent wishing to relocate must file a petition asking the court to approve the move. The court will schedule a hearing and apply the best interests of the child standard under [750 ILCS 5/609.2(g)](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm). Both parents can present evidence supporting their position, and the judge will decide whether the move is allowed.

### How Does The Court Decide What’s In The Best Interests Of The Child?

The judge considers multiple factors, including the impact of the move on the child’s education, emotional well-being, relationships, and access to both parents. The court also evaluates the intentions of each parent, whether the move will improve the child’s quality of life, and if the relocation can support a reasonable parenting schedule for the non-moving parent.

### Can I Move Temporarily While The Case Is Pending?

Generally, no. Unless the court grants temporary permission, a parent should not relocate the child before the case is resolved. Doing so without approval can lead to legal sanctions, court-ordered return of the child, and negative consequences for your parenting rights.

### What Happens If I Move Without Telling The Other Parent Or Getting Court Approval?

Moving a child without proper notice or court approval can result in serious legal consequences. The court may hold the relocating parent in contempt, order the return of the child, or even modify custody to give the other parent more time or control. Courts view unilateral decisions like this as harmful to the child and the co-parenting relationship.

### Can The Court Deny A Move Even If It Seems Beneficial For The Parent?

Yes. The court’s focus is the child, not the parent. Even if a new job or relationship seems beneficial for the moving parent, the judge may deny the relocation if it would harm the child’s relationship with the other parent or create instability. Parents must show that the move benefits the child overall.

### How Can I Oppose A Move If I Think It’s Not In My Child’s Best Interest?

You’ll need to present strong evidence, such as how the move will disrupt your child’s education, routine, or bond with you. We work with parents to gather school records, expert opinions, and testimony that demonstrate the harm of the proposed relocation. Courts take this opposition seriously when backed by credible evidence.

### What Should I Do If I Receive A Relocation Notice From My Co-Parent?

Do not ignore it. You have the right to object by filing a response with the court. If you don’t act, the court may approve the relocation by default. Contact a family law attorney immediately to evaluate your legal options and preserve your rights as a parent.

### Can The Parenting Plan Be Changed After A Move Is Approved?

Yes. A relocation usually requires updates to the existing parenting plan to account for longer travel times, school schedules, and holidays. The new plan must be approved by the court, and we help parents revise the schedule in a way that works for everyone involved, especially the child.

## Call Gordon & Perlut, LLC For Help With Relocation And Parenting Issues

If you’re thinking about relocating or you’ve received a notice from your co-parent about a move, our attorneys at Gordon & Perlut, LLC can guide you through the legal process and protect your rights as a parent. These cases are time-sensitive and require careful preparation.

If you’re facing a parental relocation matter, contact our [Chicago parenting time lawyers](https://familylawadvocate.com/divorce/visitation/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois in all types of divorce and parenting matters.

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### [How to Overcome Guilt During the Divorce Process](https://familylawadvocate.com/how-to-overcome-guilt-during-the-divorce-process/)

**Published:** June 17, 2025
**Author:** familylawadvocate

**Content:**

## Tips for Moving Forward After Divorce

As divorce attorneys who work closely with families across Illinois, we understand that the emotional toll of divorce often weighs just as heavily as the legal process itself. One of the most common feelings our clients experience is guilt—guilt about the end of the marriage, the impact on the children, or decisions made in the past. While divorce is a legal process, it’s also a deeply personal one. Learning how to manage these emotions in a healthy way can make a real difference as you move forward.

Guilt can cause hesitation in making necessary legal decisions, especially in matters like parenting time, property division, or support agreements. That’s why we encourage clients to take a thoughtful approach that balances legal responsibilities with emotional well-being. In Illinois, the courts focus on fairness and the best interests of the child, not blame. Understanding this framework can help you release some of the emotional weight you may be carrying.

### Understanding That Divorce Is Not About Fault

Illinois is a no-fault divorce state. This means you don’t need to prove wrongdoing by your spouse to file for divorce. Under [750 ILCS 5/401(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm), the only grounds for divorce are “irreconcilable differences.” This legal standard helps remove the need for assigning blame and allows both parties to focus on resolving issues constructively.

Many of our clients feel guilty simply because they initiated the divorce or because they worry about the effect on their children. We remind them that wanting a healthier, more stable environment for everyone involved is not something to feel ashamed of. A well-handled divorce can be better for children than a high-conflict marriage.

### Focus On Your Role As A Co-Parent, Not Just A Spouse

When children are involved, guilt can quickly become overwhelming. Parents often question whether they are doing enough or worry that their children will suffer emotionally. Under Illinois law ([750 ILCS 5/602.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm)), parenting time is determined based on the child’s best interests, not the marital history. That allows both parents to remain involved in their children’s lives as long as it’s safe and appropriate.

We advise our clients to shift their focus from “what went wrong” to “what can I do right now to support my child.” Courts want parents to work together to create parenting plans that promote stability and cooperation. That forward-thinking mindset not only strengthens your case but also helps relieve guilt by turning emotional energy into positive action.

## Allow Yourself To Make Legally Sound Decisions

Sometimes guilt causes people to give up more than they should, whether that’s in property division, parenting time, or financial support. Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), Illinois courts require an equitable—not necessarily equal—division of marital property. That means each spouse should receive a fair share based on contributions, earning capacity, and future needs.

When guilt clouds judgment, clients may feel pressured to “make things right” by giving in too easily. We’re here to remind you that fairness should guide these decisions, not guilt. The legal system is structured to support both parties moving forward with a secure future, not one person carrying the burden.

## Build A Support System And Use Legal Guidance Wisely

Divorce is not something you should face alone. In addition to legal counsel, we encourage clients to speak with counselors or therapists who can help them process feelings like guilt, anger, or anxiety. Emotional clarity leads to better legal decisions.

Our job is to guide you through the legal framework, but also to support your ability to make those decisions with confidence. Moving forward doesn’t mean forgetting the past—it means building a future based on clarity and fairness, both emotionally and legally.

## Illinois Divorce Frequently Asked Questions

### Can Guilt Affect How Property Is Divided During A Divorce?

While emotions can influence decision-making, property division in Illinois follows equitable distribution under 750 ILCS 5/503. Courts consider factors like income, contributions, and needs, not feelings of guilt. We encourage our clients to make practical decisions that support long-term stability.

### Is It Normal To Feel Guilty About Filing For Divorce?

Yes, guilt is a common emotion, especially if you initiated the process. However, Illinois divorce law does not assign fault. Choosing to end a marriage that no longer serves your well-being or that of your children is a valid and legal decision.

### How Can I Support My Children While Dealing With Guilt?

Children need consistency, communication, and love. Courts base parenting time decisions on what’s in the child’s best interest under 750 ILCS 5/602.5. By staying focused on their needs and maintaining stability, you can reduce guilt and build a strong co-parenting foundation.

### Can I Refuse Spousal Support Out Of Guilt?

You can waive spousal support, but we always recommend evaluating whether that decision supports your long-term well-being. Courts evaluate spousal maintenance under 750 ILCS 5/504, considering income, needs, and standard of living, not guilt. Make sure any waiver is based on sound financial planning.

### What Should I Do If Guilt Is Clouding My Legal Decisions?

If you’re struggling to make clear choices due to guilt, talk to your attorney and consider professional counseling. Legal guidance helps you stay focused on facts and goals. Emotional support helps you process the past so it doesn’t control your future.

### Does Illinois Consider Emotional Behavior During The Marriage When Deciding Parenting Time?

Parenting time is determined by the child’s best interest, not marital behavior, unless it affects the child’s safety or welfare. The law encourages both parents to remain involved if possible. Your focus should be on building a consistent, safe routine for your child, not on past emotional mistakes.

### How Do I Stop Blaming Myself During The Divorce?

Self-blame is common, but it often doesn’t reflect reality. Divorce is rarely the fault of one person. Accepting responsibility for your actions is different from blaming yourself for everything. Therapy, legal education, and thoughtful planning can help shift your mindset toward progress.

## Call Our Divorce Attorneys For Exceptional Representation

At Gordon & Perlut, LLC, we know how emotional divorce can be. We help clients across Illinois not only understand the law but also feel supported through the process. If guilt is affecting your ability to move forward or make fair decisions, let us guide you with clarity, compassion, and legal experience.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois, and we’re here to help you make strong, confident decisions for your future.

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### [Questions To Ask When Looking For An Experienced Divorce Attorney](https://familylawadvocate.com/questions-to-ask-when-looking-for-an-experienced-divorce-attorney/)

**Published:** June 9, 2025
**Author:** familylawadvocate

**Content:**

Choosing the right divorce attorney can shape the outcome of your case and impact your life for years to come. Divorce in Illinois involves more than just ending a marriage—it requires decisions about parenting time, property division, support, and long-term financial planning. At Gordon & Perlut, LLC, we believe you should feel informed and confident when hiring an attorney. Knowing the right questions to ask can help you find legal counsel who understands your needs and fights for your best interests under Illinois law.

Illinois divorce law is governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086)). This statute outlines how courts handle divorce, custody (now referred to as allocation of parental responsibilities), child support, maintenance, and property division. These are not one-size-fits-all matters, which is why it’s so important to have a lawyer who knows how to tailor a strategy to your goals and your family’s needs.

## Key Questions To Ask During A Consultation With A Divorce Attorney

### Do You Focus Your Practice On Family Law And Divorce?

This question helps you determine whether the attorney spends most of their time handling divorce-related matters. Illinois divorce cases involve specific statutes and evolving case law. You want someone who is deeply familiar with the courts, judges, and procedures in your area.

### How Do You Handle Parenting Time And Decision-Making Issues?

Illinois courts no longer use the term “custody.” Instead, courts allocate parenting time and significant decision-making responsibilities under 750 ILCS 5/602.5 and 750 ILCS 5/602.7. Be sure to ask how the attorney works with clients to create or contest parenting plans, especially when disagreements arise.

### What Is Your Approach To Conflict And Settlement?

Some attorneys are aggressive litigators, while others focus on negotiation and resolution. Ask if they try to resolve cases through mediation or collaborative law and how they handle situations that escalate to trial. Knowing their strategy can help you choose someone who matches your style and goals.

### Can You Explain How Property Division Works In Illinois?

Illinois follows an “equitable distribution” model under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), which means marital property is divided fairly, but not necessarily equally. Ask how the attorney evaluates and classifies assets, especially in cases involving businesses, retirement accounts, or real estate.

### How Will You Keep Me Informed?

Divorce can be stressful and emotionally charged. Clear communication matters. Ask how often the attorney updates clients, whether you’ll be working directly with them, and how responsive they are to emails or calls. You want to know that you won’t be left in the dark.

### What Are The Likely Costs?

Legal fees are an important consideration. Ask how the attorney bills—whether it’s hourly or flat-rate—and what you can expect in terms of retainers, court costs, and other expenses. Transparency from the start helps you plan ahead and avoid surprises.

## Illinois Divorce Frequently Asked Questions

### How Long Does A Divorce Typically Take In Illinois?

Every case is different, but most uncontested divorces can be completed in a few months. Contested cases with disputes over parenting time, property, or support can take much longer, sometimes a year or more. Courts in Cook County and other areas may also have scheduling delays that affect timelines.

### Do Both Spouses Have To Agree To Get A Divorce?

No. Illinois is a no-fault divorce state, meaning that one party can file based on irreconcilable differences under 750 ILCS 5/401. The court can proceed with the divorce even if the other spouse does not agree, although cooperation may make the process smoother.

### How Is Child Support Calculated In Illinois?

Illinois uses an “income shares” model based on both parents’ incomes and the number of overnights each parent has with the child. The guidelines are found in 750 ILCS 5/505. Courts can deviate from the formula in some cases, but only for a valid reason.

### What If My Spouse Is Hiding Assets?

If you suspect financial misconduct, your attorney can request formal discovery, subpoenas, or forensic accountants to uncover hidden assets. Courts do not tolerate deceptive conduct and may penalize a party who tries to hide or undervalue marital property.

### Can I Move Out Of State With My Child After A Divorce?

Not without court approval. Under 750 ILCS 5/609.2, a parent must seek permission from the court if the move exceeds a certain distance. The court will assess whether the relocation is in the child’s best interests and consider both parents’ involvement.

### What Happens To The House In A Divorce?

That depends. If the house is marital property, the court can order it sold or awarded to one spouse with a buyout. The decision is based on equity, financial stability, and the overall division of assets. Your attorney will help assess your best option.

### How Can I Protect My Rights If My Spouse Files First?

Whether you file first or not, you still have the right to a fair outcome. If you’re served with papers, contact an attorney immediately to protect your interests and file your response on time. You may also seek temporary orders to address immediate needs.

### What If We Already Have An Agreement On Everything?

If both parties agree on all terms—parenting time, support, property, and debts—you can file an uncontested divorce. Courts will still review the agreement for fairness, especially when children are involved. An attorney can help ensure everything is properly drafted and enforceable.

### Will I Have To Appear In Court?

In most cases, at least one appearance is required for the final hearing. If the divorce is uncontested, the hearing is brief. Contested cases with unresolved issues will likely involve multiple court dates. Your attorney will prepare you for what to expect.

### How Do I Know If An Attorney Is Right For Me?

A good attorney listens, communicates clearly, and explains the law in a way you understand. You should feel confident in their ability to represent you and guide you through the process. Don’t hesitate to meet with more than one attorney before deciding.

## Our Divorce Attorneys Stands Ready To Represent Your Interests

At Gordon & Perlut, LLC, we know that choosing a divorce attorney is a serious decision. We take the time to understand your concerns, explain your rights under Illinois law, and develop a clear strategy for your case. Whether you’re just considering divorce or are already in the middle of it, we’re here to help.

Contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients across all of Illinois and are ready to help you protect your future.

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### [A Chicago Divorce Lawyer Can Help Protect Your Inheritance](https://familylawadvocate.com/a-chicago-divorce-lawyer-can-help-protect-your-inheritance/)

**Published:** June 2, 2025
**Author:** familylawadvocate

**Content:**

Our experienced Chicago divorce attorneys understand how personal and emotional the divorce process can be—especially when it comes to protecting assets that have deep family meaning. One of the most common concerns we hear from clients is how to safeguard inherited assets during divorce. If you’ve received money, property, or other assets from a parent, grandparent, or relative, you may be wondering if your spouse has a legal right to a portion of it. The good news is that Illinois divorce law provides certain protections for inherited assets—but only if they are handled correctly.

Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm)), property is classified as either marital or non-marital. Marital property is divided equitably between the spouses during divorce, while non-marital property belongs to only one spouse. Inheritances are generally considered non-marital property. However, if the inherited asset has been commingled with marital property or used in a way that blends it into the marital estate, it can become subject to division.

The distinction between marital and non-marital property seems simple, but it becomes complicated when the line between the two is blurred. That’s where we come in. Our role is to ensure your inherited property remains protected by gathering documentation, assessing the history of how the asset was handled, and preparing a clear legal argument to support your rights under Illinois law.

## Understanding Non-Marital Property Under Illinois Law

Section 503(a)(1) of the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) defines non-marital property to include “property acquired by gift, legacy or descent.” This means inheritances are not automatically part of the marital estate—so long as they are kept separate. Problems arise when the inherited asset is placed into a joint account, used to purchase a home in both spouses’ names, or otherwise mixed with shared funds.

If your inheritance was deposited into a joint bank account or used to benefit the marriage, the court may determine that you intended to treat it as marital property. This process is known as transmutation. In such cases, even though the asset started as non-marital, it may lose that protection without clear evidence to the contrary.

## Steps We Take To Help Protect Your Inherited Property

As your attorneys, we take several key steps to help shield your inherited assets during divorce:

- We review all documentation related to the inheritance, including wills, trust agreements, or other legal instruments.
- We analyze how the asset was managed after you received it, including whether it was kept in your name only or commingled with marital property.
- We build a case to show the court that the asset has remained separate and should be excluded from the marital estate.
- If there is any dispute, we use financial records and legal arguments to trace the inheritance back to its source and establish its non-marital character.

The earlier you involve legal counsel, the more effectively we can help preserve the integrity of your inheritance.

## Asset Division Frequently Asked Questions

### What Counts As An Inheritance Under Illinois Divorce Law

An inheritance includes any money, real estate, or other property received from a deceased family member through a will, trust, or estate distribution. Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), it is considered non-marital property when kept separate from shared marital assets.

### Can Inherited Money Be Divided During A Divorce?

Inherited money is typically considered non-marital property. However, if it was placed in a joint account, used to pay marital expenses, or invested in joint property, it may lose its protected status. Keeping inheritance separate is essential to avoid division.

### How Can I Prove An Inheritance Is Mine Alone?

Keep records of the inheritance, such as the will, trust document, or bank transfers. Show that the funds were kept in an account in your name only and not used for marital expenses. We use these documents to argue the asset should remain non-marital.

### Can A House Purchased With Inherited Money Become Marital Property?

Yes, if the house is titled in both spouses’ names or the inheritance is combined with marital funds, it may be considered marital property. To avoid this, the house should be titled in your name only, and documentation should show the source of the funds.

### What If I Received The Inheritance Before Getting Married?

Property received before the marriage is considered non-marital property. However, if it is mixed with marital assets after marriage, it may become subject to division. Keeping the property separate throughout the marriage helps preserve its non-marital status.

### Does It Matter If The Inheritance Was Used To Pay Joint Debts?

Yes. Using inherited funds to pay joint debts or household expenses may signal to the court that you intend to share the asset, weakening your claim that it is non-marital. Proper legal advice can help you avoid unintended transmutation.

### Can My Spouse Claim A Share Of My Inheritance If We Have Been Married For A Long Time?

Length of marriage alone does not give your spouse a right to your inheritance. However, if the inheritance was treated as marital property or significantly benefited the marriage, the court may consider it part of the marital estate unless you can prove otherwise.

### What Should I Do If My Spouse Is Claiming Part Of My Inheritance?

You should speak with an attorney immediately. We can help gather evidence, analyze the facts, and argue that the inheritance should be excluded from property division. Timely legal action strengthens your position and protects your rights.

### Can An Inheritance Be Protected With A Prenuptial Agreement?

Yes. A properly written prenuptial or postnuptial agreement can clearly designate inherited

assets as non-marital and protect them from division in divorce. These agreements must meet legal standards to be enforceable, so it’s important to consult with a lawyer.

### How Soon Should I Talk To A Lawyer About Protecting My Inheritance?

The sooner, the better. Even before filing for divorce, it’s important to preserve evidence and avoid actions that could change the status of the inheritance. Early legal advice can help you avoid costly mistakes and protect what’s rightfully yours.

## Contact Our Divorce Attorney For The Right Legal Guidance

At Gordon & Perlut, LLC, we know how important your inheritance is—not just financially but emotionally. We work hard to ensure that assets passed down to you from loved ones remain protected and outside the marital estate.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients across Illinois with clarity, care, and results.

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### [What To Do If Your Ex Is Not Following Your Chicago and Skokie Parenting Plan](https://familylawadvocate.com/what-to-do-if-your-ex-is-not-following-your-chicago-and-skokie-parenting-plan/)

**Published:** May 26, 2025
**Author:** familylawadvocate

**Content:**

As divorce attorneys serving families in Skokie and throughout Illinois, we understand how frustrating it can be when a co-parent refuses to follow the terms of a parenting plan. When parents go through a divorce, the parenting plan—also known as the allocation judgment—outlines each parent’s responsibilities and parenting time. It’s approved by the court and has the force of law. If your ex is not following the parenting schedule, interfering with decision-making responsibilities, or otherwise violating the agreement, you have legal options to protect your rights and your child’s well-being.

A parenting plan under Illinois law includes details about parenting time, transportation, holidays, communication, and decision-making responsibilities under [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm). If either parent fails to follow the court-approved plan, they may be found in violation of a court order. Whether the other parent is constantly late, skipping visits, refusing to return your child, or making unauthorized decisions, the law gives you tools to hold them accountable.

## Document All Violations Of The Parenting Plan

If your ex is not complying with the parenting plan, the first step is to keep detailed records. This documentation can serve as evidence if you need to return to court. Make sure to write down the following:

- Missed exchanges or parenting time
- Communications that show interference or refusal
- Any concerns related to your child’s safety or emotional health

Text messages, emails, and call logs can support your claim if you must file a motion with the court.

## Consider Communicating Clearly Before Taking Legal Action

While some violations require immediate legal action, other issues may be resolved through clear, respectful communication. Sometimes, misunderstandings about the schedule or unexpected events can lead to temporary problems. If possible, try to address the issue directly with your ex. However, if communication breaks down or the behavior continues, legal enforcement becomes necessary.

## File A Motion To Enforce The Parenting Plan

Under 750 ILCS 5/607.5, you can file a petition for enforcement if the other parent refuses to follow the court-approved parenting plan. If the court finds that the other parent willfully violated the order, it may:

- Order makeup parenting time
- Modify the parenting plan
- Impose fines or court costs
- Hold the non-compliant parent in contempt

A finding of contempt can result in more serious consequences, including community service or even jail time in extreme cases.

## Modifying The Parenting Plan If Circumstances Have Changed

Sometimes, repeated violations stem from a larger problem with the parenting plan itself. If your ex is consistently unavailable, or if the current schedule no longer meets your child’s needs, you can ask the court for a modification under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm). To do this, you must show that there has been a substantial change in circumstances and that the modification would be in the best interest of the child.

## Protecting Your Child’s Well-Being

We believe that stability, consistency, and a strong parent-child relationship are key to your child’s well-being. A parent who repeatedly ignores the parenting plan disrupts that stability. If you believe your child is being negatively impacted, we will work with you to bring the issue before the court and ensure that your child’s best interests remain the top priority.

## Illinois Parenting Plan Frequently Asked Questions

### What Should I Do If My Ex Won’t Return My Child On Time?

If your ex is consistently late or refuses to return your child at the agreed-upon time, start documenting each incident. You can then file a motion with the court to enforce the parenting plan. Repeated violations may lead to changes in the schedule or legal penalties for the other parent.

### Can I Deny Parenting Time If My Ex Is Not Following The Plan?

No. You cannot withhold parenting time unless your child is in immediate danger. Doing so may violate the court order and put you at risk of being held in contempt. Instead, consult an attorney to seek enforcement through legal channels.

### How Do I Prove That My Ex Is Violating The Parenting Agreement?

Document every missed exchange, refusal, or deviation from the court-approved schedule. Save emails, texts, and call records. If needed, keep a detailed journal with dates and descriptions of each violation. This evidence can be used in court to support your claim.

### What Happens If The Court Finds My Ex In Contempt?

If the court finds your ex in contempt for violating the parenting plan, it may order makeup parenting time, fine them, require them to pay your legal fees, or even impose jail time in serious cases. The goal is to ensure compliance, not punish unnecessarily.

### Can The Parenting Plan Be Changed If My Ex Keeps Violating It?

Yes. If the parenting plan is no longer workable or if your ex’s behavior shows a pattern of noncompliance, you can request a modification. The court will evaluate whether the change is in your child’s best interest based on current circumstances.

### Do I Need A Lawyer To Enforce The Parenting Plan?

While you can file a motion on your own, having a lawyer helps ensure your case is properly presented, your rights are protected, and the court has all the evidence needed to enforce the order. A lawyer can also advise you on whether a modification is a better long-term solution.

### How Long Does It Take To Enforce A Parenting Plan In Court?

It depends on the county, the court’s schedule, and the urgency of your case. If the issue involves an immediate risk to the child, emergency relief may be available. Otherwise, a regular motion may take several weeks or longer to resolve.

### Can My Ex Face Criminal Charges For Not Following The Plan?

Typically, parenting plan violations are handled in civil court, not criminal. However, if your ex takes your child without returning them or refuses to comply with custody orders over a long period, more serious legal consequences could apply.

## Call Our Chicago Parenting Plan Attorneys For A Free Phone Consultation

At Gordon & Perlut, LLC, we work with parents who need help enforcing or modifying parenting plans when the other parent won’t cooperate. If your ex is refusing to follow the schedule or putting your child in a difficult position, we’re here to help you take action.

Contact our [Skokie parenting plan attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We represent clients in Skokie, Chicago, and throughout Illinois with clarity, compassion, and commitment.

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### [The Use Of Forensic Accounting In Illinois High-Net-Worth Divorces](https://familylawadvocate.com/the-use-of-forensic-accounting-in-illinois-high-net-worth-divorces/)

**Published:** May 19, 2025
**Author:** familylawadvocate

**Content:**

When high-net-worth couples go through a divorce in Illinois, the financial aspects often become the most contested part of the process. Dividing complex assets such as business interests, investment portfolios, real estate, and retirement accounts requires careful attention to detail. We’ve worked with many clients facing these issues, and in these situations, forensic accounting can play a key role in protecting financial interests. The higher the value and complexity of the marital estate, the more important it becomes to uncover and verify all income, property, and liabilities.

Illinois is an equitable distribution state, which means marital property is divided fairly but not necessarily equally under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). Before property can be divided, however, the court needs an accurate picture of the entire marital estate. When one spouse controls the finances or when there are concerns about hidden assets, forensic accountants help us uncover what may not be immediately visible through standard financial disclosure.

Forensic accounting is not just about tracing money—it’s about identifying inconsistencies, assessing the value of assets, and supporting a fair division of property. In high-net-worth divorces, we often bring in forensic accountants to trace separate and marital property, analyze business income, review tax filings, and calculate the true value of investments. These professionals give us the financial clarity we need to advocate for a fair and just result for our clients.

## Identifying Hidden Assets And Income

One of the most common concerns in a high-net-worth divorce is whether a spouse has hidden assets or understated income. A forensic accountant can review tax returns, bank statements, credit card records, business books, and other financial data to identify inconsistencies or red flags. In some cases, funds may have been transferred to family members or offshore accounts in an attempt to keep them out of the marital estate. If these actions are uncovered, the court may consider them when dividing property or awarding attorney’s fees.

## Tracing Separate And Marital Property

Another issue in Illinois divorces is determining what is considered marital property and what is separate non-marital property. Under [750 ILCS 5/503(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), marital property includes all property acquired during the marriage, while non-marital property includes assets acquired before the marriage or by gift or inheritance. But in high-asset divorces, the lines can get blurred, especially when non-marital property was used to purchase marital property or when non-marital accounts were commingled.

Forensic accountants help trace the origin of assets and determine whether they should be considered part of the marital estate. This is critical when one spouse contributed separate funds to a business or used inheritance to purchase a home.

## Valuing Complex Assets And Business Interests

If one or both spouses own a business or professional practice or hold private equity investments, forensic accounting becomes essential. Unlike publicly traded assets, the value of a business is not always clear. We work with forensic accountants who understand how to review financial statements, assess market trends, and consider goodwill to determine an accurate business valuation. This process helps ensure that both parties receive their fair share.

## Supporting Maintenance And Child Support Determinations

Forensic accounting can also help establish the true income of a spouse, which is essential for calculating maintenance (spousal support) and child support. Under 750 ILCS 5/504 and 5/505, the court considers each party’s income and needs when determining support. If one party is underreporting earnings or disguising income through a business, forensic analysis can bring the truth to light.

## Illinois Divorce Frequently Asked Questions

### What Is The Role Of A Forensic Accountant In Divorce?

A forensic accountant investigates financial records to identify hidden assets, trace funds, value complex assets, and verify income. In high-net-worth cases, their analysis supports fair property division and accurate support calculations.

### Can Forensic Accounting Reveal Hidden Bank Accounts Or Assets?

Yes. Forensic accountants can analyze transaction histories, tax records, and asset transfers to uncover accounts or property that were not disclosed. They also review unusual patterns that suggest concealment.

### Is It Worth Hiring A Forensic Accountant For Divorce?

In high-net-worth cases, yes. Investment in forensic accounting often prevents larger financial losses and ensures transparency. It provides a detailed view of assets that might otherwise be missed.

### How Does Illinois Law Treat Hidden Assets In Divorce?

If a court finds that a spouse intentionally hid assets, it may penalize them by awarding a greater share of the estate to the other spouse under 750 ILCS 5/503(d). The court may also order payment of legal fees.

### Can A Forensic Accountant Help Determine Spousal Support?

Yes. They analyze financial records to determine a spouse’s true income, which is necessary for calculating maintenance under Illinois law. This is especially useful when income is irregular or hidden within a business.

### What If I Think My Spouse Is Undervaluing Their Business?

We can bring in a forensic accountant to perform an independent business valuation. They’ll review financial documents and market data to determine whether the reported value is accurate.

### Are Forensic Accountants Neutral In Divorce Cases?

A forensic accountant may be hired by one party or jointly. If hired independently, they advocate for their client. In some cases, both parties agree to use a neutral expert to simplify the process.

### Can Forensic Accounting Be Used In Court?

Yes. Forensic accountants often prepare written reports and may testify in court as financial experts. Their findings can have a significant impact on property division and support rulings.

## Talk To A Divorce Lawyer Who Understands Complex Financial Cases

At Gordon & Perlut, LLC, we represent clients facing high-stakes divorce matters with significant financial concerns. If you believe forensic accounting may be needed in your case, we’re here to help you understand your options and protect your financial future.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We serve clients throughout Illinois with skill, clarity, and commitment.

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### [Protecting Business Interests During High-Net-Worth Divorce Proceedings In Illinois](https://familylawadvocate.com/protecting-business-interests-during-high-net-worth-divorce-proceedings-in-illinois/)

**Published:** May 12, 2025
**Author:** familylawadvocate

**Content:**

When we represent clients in high-net-worth divorces, one of the most important concerns we hear is how to protect business interests. A business is more than just an asset—it often represents years of work, personal investment, and ongoing income. Whether you are a business owner or the spouse of one, knowing how Illinois law handles business interests during divorce is very important in your divorce case. The stakes are high, and a poorly handled settlement can result in unfair loss or long-term financial consequences. That’s why we work closely with each client to protect their rights and help ensure a fair outcome.

Under Illinois law, all marital property must be divided equitably. This includes ownership interests in businesses that were started during the marriage or appreciated during the marriage, even if one spouse is not involved in day-to-day operations. The [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) (750 ILCS 5/503) governs how business interests are classified, valued, and distributed.

## Determining Whether A Business Is a Marital Or Non-Marital Property

The first step is identifying whether the business interest is marital property. If a business was started during the marriage, the business will likely be considered marital property. If it was started before the marriage but increased in value due to joint efforts or the use of marital funds, the increased value may be marital property. Even if the business is titled in one spouse’s name, that alone doesn’t prevent it from being subject to division.

In some cases, part of the business may be classified as marital and part as non-marital. For example, if a spouse started a company before the marriage but expanded it significantly during the marriage with shared resources, the court may decide that the appreciation is marital property.

## Valuing The Business Accurately

Once the business is classified as marital or partially marital, it must be valued. We often work with forensic accountants or business valuation professionals to determine the true worth of the business. The valuation includes assets, liabilities, income, and goodwill. If the business produces ongoing income, that factor will also impact support obligations and property distribution.

Goodwill can be especially important. In Illinois, only “enterprise goodwill”—which is tied to the business and not the individual—is generally considered marital property. “Personal goodwill,” which is tied directly to the owner’s skill or reputation, is typically excluded.

## Protecting The Business From Disruption

Business owners want to ensure that their operations are not disrupted during divorce. Courts rarely force a sale of a business. More commonly, the owning spouse retains the business, and the other spouse receives offsetting assets. We work to negotiate fair solutions that allow our clients to maintain business control while ensuring an equitable settlement.

This may involve structuring a buyout, assigning other property to the non-owner spouse, or establishing a payment plan. We also review any shareholder agreements, operating agreements, or partnership documents that may restrict transfer or require consent from other business partners.

## Income From The Business And Support Obligations

Income generated by the business plays a major role in determining spousal support and child support. Illinois uses statutory guidelines to calculate support, but courts also consider net income, available resources, and standard of living during the marriage under [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) and [750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm). Business owners must provide accurate and complete financial records. Failing to do so may lead to court sanctions or unfavorable rulings.

## Divorce Frequently Asked Questions

### Is My Business Considered Marital Property In Illinois?

A business is considered marital property if it was started during the marriage or increased in value during the marriage due to joint contributions or the use of marital assets. Even if the business was started before the marriage, a portion of it may still be marital if it appreciated during the marriage.

### What If I Started My Business Before Getting Married?

If you started the business before the marriage, it may be classified as non-marital property. However, any growth or appreciation in value that occurred during the marriage—especially if funded or supported by marital efforts—may be considered marital and subject to division.

### Will The Court Force Me To Sell My Business During Divorce?

Courts in Illinois generally do not order business owners to sell their companies during a divorce. Instead, they may award the business to one spouse and compensate the other with a fair share of other marital assets.

### How Is A Business Valued In A Divorce?

A business is typically valued using professional valuation methods, including the income approach, asset approach, or market comparison. We often bring in financial experts to help determine the fair market value and ensure all factors are considered.

### What Is Goodwill And How Does It Affect Business Valuation?

Goodwill refers to the value of a business’s reputation or customer loyalty. In Illinois, only enterprise goodwill—which is tied to the business itself—is considered marital property. Personal goodwill, which is tied to the owner’s reputation, is generally not divided.

### Can My Spouse Claim Part Of My Business Income For Support Purposes?

Yes. Business income is factored into the calculation of both child support and spousal maintenance. Accurate financial disclosures are required, and if business income is being hidden or misrepresented, the court may impute income based on evidence.

### What Happens If My Business Partners Don’t Want My Spouse To Have An Interest?

We review all partnership or shareholder agreements to determine any restrictions on ownership transfer. These agreements may require approval from other partners or allow the business to buy back shares to prevent ownership by a non-partner spouse.

### Can I Use A Prenuptial Agreement To Protect My Business?

Yes. A valid prenuptial agreement can define a business as non-marital property and protect it from division. We help clients create and enforce prenuptial or postnuptial agreements to safeguard business assets.

### What Happens If My Spouse Helped Me Build The Business?

If your spouse contributed to the business—whether through direct labor, financial support, or managing household responsibilities—that contribution may give them a claim to a share of the business’s value or profits.

### How Can I Keep Divorce From Disrupting My Business Operations?

We work to create a legal strategy that minimizes disruption, protects your financial interests, and allows you to continue managing your business. This may include confidentiality agreements, temporary orders, and structured settlements.

## Protect Your Business During High-Net-Worth Divorce Proceedings

At Gordon & Perlut, LLC, we understand how important your business is to your future. Whether you’re a business owner or married to one, we will help you protect your financial interests and make informed decisions during divorce. High-value assets deserve careful legal attention—and that’s what we provide.

If you’re facing divorce, contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout Illinois in complex divorce cases involving business interests.

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### [Should I Stay In The House Until the Divorce Is Finalized?](https://familylawadvocate.com/should-i-stay-in-the-house-until-the-divorce-is-finalized/)

**Published:** May 5, 2025
**Author:** familylawadvocate

**Content:**

When we speak with clients at the start of the divorce process, one of the most common questions we hear is, “Should I move out of the house now, or wait until the divorce is finalized?” It’s a question that deserves careful thought. Emotions may be high, and you may feel like putting physical space between yourself and your spouse is the best way to avoid conflict. But under Illinois law, your decision to stay or leave the marital home can have legal and financial consequences that are important to understand before making a move.

In Illinois, both spouses have equal rights to the marital residence, regardless of whose name is on the deed or lease. This means that unless there is a court order, one spouse cannot force the other to leave the home. In some cases, moving out may affect your rights related to property division, parenting time, or financial responsibilities under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/101 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086)). That’s why we often advise clients to speak with an attorney before making any decisions about leaving the home.

## Your Legal Rights To Stay In The Marital Home

Under Illinois law, marital property is divided equitably—not equally—based on factors listed in [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). The home is often the most valuable marital asset, and courts consider who is using the property during the divorce when deciding how to divide it. If you move out voluntarily, you are not giving up your share of the equity, but you may complicate the process of proving your financial interest or your role in maintaining the property.

If there are children involved, the decision to stay or leave can also impact your parenting case. Courts prefer to maintain stability for children during a divorce. Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), courts allocate parenting time based on the best interests of the child. If you move out and the children remain in the home with your spouse, that arrangement may become the temporary status quo, which could affect your custody negotiations later.

### When It May Be Necessary To Leave

There are situations where leaving the home is the safer or more practical choice. If there is a risk of domestic violence or emotional abuse, your safety and the safety of your children should come first. In such cases, we can assist you in obtaining a court order of protection under [750 ILCS 60/214](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K214), which may remove your spouse from the home and grant you temporary possession.

If conflict is constant and daily life in the home becomes unmanageable, it may also make sense to move out. But we strongly recommend you speak with a divorce attorney first to understand how your move may affect your divorce.

### Temporary Possession Of The Marital Residence

Illinois courts have the authority to award temporary possession of the home during the divorce process. This can happen through a motion filed by either party. The court considers each spouse’s needs, who is caring for the children, and the financial circumstances of both parties.

Temporary possession does not determine permanent ownership—it is meant to help manage day-to-day life while the divorce is pending. You still retain your legal rights in the final division of property, regardless of who remains in the home during the case.

## Divorce Asset Division Frequently Asked Questions

### Do I Lose My Rights To The House If I Move Out During The Divorce?

No. Moving out does not mean you lose your financial interest in the home. However, it may make it harder to prove certain claims, such as maintaining the home or caring for the children, which can impact the outcome.

### Can I Be Forced To Leave The Home By My Spouse?

Not without a court order. In Illinois, both spouses have equal rights to remain in the home unless a judge orders otherwise, such as through an exclusive possession order or order of protection.

### What If My Spouse Refuses To Leave And Things Are Unsafe?

If you are in danger, we can help you request an order of protection. A judge can grant you exclusive possession of the home if there is a credible threat to your safety.

### Can I Take My Children With Me If I Leave The Home?

It depends on the circumstances. If you leave with the children without a custody agreement in place, the court may later question that decision. We recommend getting a temporary parenting time order first.

### Will Moving Out Affect My Chances Of Getting Custody?

Possibly. Courts look at the child’s current living situation and who is providing daily care. If you move out and your spouse becomes the primary caregiver, that may influence custody decisions.

### Can I Ask The Court To Let Me Stay In The House Temporarily?

Yes. You can file a motion for temporary possession. The judge will consider your financial situation, living arrangements for any children, and other relevant facts.

### If I Stay In The House, Do I Have To Pay All The Bills?

Not necessarily. The court may order temporary spousal support or require both parties to share household expenses during the divorce.

### What Happens To The House At The End Of The Divorce?

The house may be awarded to one spouse or sold, with the proceeds divided. The court considers factors like child custody, income, contributions to the property, and each spouse’s financial needs.

### Should I Record Conversations With My Spouse At Home?

No. Illinois is a two-party consent state. Recording without permission can be illegal and may hurt your case. Always speak with an attorney before taking any such steps.

### What If My Name Is Not On The Deed?

Even if your name is not on the title, you may still have a claim to the property if it was acquired during the marriage. Illinois law treats it as marital property, subject to equitable division, unless your spouse can show it is non-marital property.

## Call A Divorce Attorney Who Can Help You Make The Right Decision

At Gordon & Perlut, LLC, we understand how personal and stressful it is to decide whether to stay in your home during a divorce. We will take the time to review your situation and explain how your decision may impact your rights, your children, and your future.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois.

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### [Age Appropriate Ways To Prepare Your Children For Your Divorce](https://familylawadvocate.com/age-appropriate-ways-to-prepare-your-children-for-your-divorce/)

**Published:** April 29, 2025
**Author:** familylawadvocate

**Content:**

When we help families through divorce, one of the most important concerns we hear from parents is how to prepare their children. Divorce can be emotionally difficult for kids at any age (including adult children). How you explain the changes depends largely on your child’s stage of development. Young children process separation differently than teens, and no single conversation will answer all of their questions. That’s why it’s important to be thoughtful and honest while keeping the explanation simple and focused on their needs. Under Illinois law, courts require parents to prioritize the best interests of the children at every stage of the divorce, and that includes how you prepare them emotionally.

Illinois law, under [750 ILCS 5/602.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm), outlines specific factors that courts use to determine parenting time and decision-making responsibility. One of those factors is how well each parent fosters a loving relationship between the child and the other parent. That means starting with open, respectful communication is not just good parenting—it supports your legal position as well. The way you present the divorce to your children can shape how they cope, how they adjust, and how they maintain trust with both parents.

## Talking To Young Children About Divorce

Children under the age of five need very basic explanations. They don’t understand legal processes or long-term consequences. Instead of saying, “We’re getting divorced,” focus on changes they will actually notice. For example, you might say, “Mom and Dad are going to live in different homes, but we both love you, and you’ll still see us all the time.” Keep routines as consistent as possible. Preschoolers thrive on predictability, and sudden changes in living arrangements or daycare can be stressful. Reassure them that the separation is not their fault.

### Supporting Elementary-Age Children

School-age kids understand more but still tend to see things from their own point of view. They may worry about where they will live, who will take them to school, or if they caused the divorce. Be clear and calm. Let them know that both parents will continue to care for them. Avoid blame. Saying “your father doesn’t want to live here anymore” may hurt your child’s relationship with the other parent and could be used against you under 750 ILCS 5/602.7(b)(13), which looks at efforts to maintain the parent-child relationship.

### Communicating With Preteens And Teenagers

Older children and teens are more likely to understand what divorce means and may ask deeper questions about why the marriage ended. They may feel angry, pull away emotionally, or take sides. Be ready for strong reactions, and don’t expect them to take the news without emotion. Give them space to process, but keep communication open. Emphasize that the divorce is a decision between adults and not something they could have changed. Teens may have their own preferences about parenting time, and Illinois law allows judges to consider their input, though it is not the deciding factor.

### Consistency And Reassurance Are Key

No matter your child’s age, they need to know three things: both parents love them, the divorce is not their fault, and their daily needs will continue to be met. Avoid making promises you can’t keep. Avoid asking your child to pass messages or take sides. And never speak negatively about the other parent in front of them. These behaviors not only damage your child’s well-being, they may also damage your custody position in court.

## Divorce Frequently Asked Questions

### How Do I Tell My Child About Divorce Without Making Them Feel Responsible?

Start by reassuring your child that this is an adult decision and that they did not cause it. Use simple, age-appropriate language, and emphasize that both parents will always love and support them.

### Can The Way I Talk To My Child Affect My Parenting Rights?

Yes. Courts in Illinois consider whether each parent supports the child’s relationship with the other parent. Bad-mouthing the other parent or trying to influence your child’s opinion can harm your case.

### Should I Tell My Child Everything About Why We’re Divorcing?

No. Focus on what your child needs to know to feel secure. Keep the explanation age-appropriate and avoid discussing personal issues between you and your spouse. Children should not feel caught in the middle.

### What If My Child Is Angry Or Refuses To Talk About The Divorce?

That’s a normal reaction, especially for teens. Give them time, keep communication open, and consider working with a family therapist if your child is struggling to cope.

### Can My Child Choose Which Parent To Live With?

The court may consider the child’s wishes if they are mature enough to express a reasoned preference, but it is only one factor among many. The final decision is based on the child’s best interests.

### What If My Spouse Is Saying Negative Things To Our Child About Me?

Document the behavior and speak to your attorney. This conduct can be considered by the court under Illinois law when determining parenting time and decision-making responsibilities.

### How Can We Maintain Stability For Our Children During Divorce?

Stick to consistent schedules, keep school routines the same, and ensure both parents stay involved in school events, healthcare, and daily life. Stability gives children a sense of security.

### Should We Tell Our Children Together Or Separately?

If possible, it’s often best to tell them together in a calm and united way. Presenting a consistent message helps reduce confusion and conflict.

### Is It Okay To Ask My Child What They Want?

It’s okay to ask how they feel, but avoid placing the burden of decision-making on them. Children should not be asked to choose between parents.

### Can A Therapist Help My Child During Divorce?

Yes. A therapist experienced in family transitions can give your child tools to process the changes and express their emotions in a healthy way.

## Call A Chicago Divorce Attorney Who Puts Your Children First

At Gordon & Perlut, LLC, we know how important your children’s well-being is during a divorce. Our legal team helps you make decisions that protect your family and your future. If you’re considering divorce and want to approach it in a way that supports your child emotionally and meets the legal standards under Illinois law, we’re here to help.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Illinois with care, clarity, and legal strength.

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### [Should You Consider A Buyout Of Your Spouse's Interest In Your Illinois Medical Practice Or Small Business?](https://familylawadvocate.com/should-you-consider-a-buyout-of-your-spouses-interest-in-your-illinois-medical-practice-or-small-business/)

**Published:** April 22, 2025
**Author:** familylawadvocate

**Content:**

Divorce can bring significant financial and legal challenges, especially when a medical practice or small business is involved. If a business was started or grew during the marriage, it may be considered [marital property under Illinois law](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). This means both spouses might have a claim to a portion of the business. The question of whether to buy out your spouse’s interest is a critical decision that requires careful analysis. Illinois courts look at various factors, including each spouse’s role in the business, the business’s value, and its impact on the marital estate. A buyout can be an effective way to retain full control of the business while ensuring a fair division of assets. However, determining the right buyout structure and valuation is essential to avoid financial strain and legal complications.

## How Illinois Divorce Law Treats Business Ownership

Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000), Illinois follows the principle of equitable distribution. This means that marital assets, including business interests, are divided fairly, though not always equally. If a business was started during the marriage or if marital funds contributed to its growth, it may be subject to division. Even if one spouse did not actively participate in running the business, they could still be entitled to a portion of its value.

Illinois courts consider several factors when deciding how to divide a business, including:

- The contributions of each spouse, whether financial or non-financial
- The length of the marriage
- The earning capacity of each spouse
- Whether one spouse will continue operating the business post-divorce

If both spouses are involved in the business, they may consider continuing as co-owners. However, this arrangement is often impractical. A buyout allows one spouse to retain full ownership while the other receives compensation for their share.

## Valuing The Business For A Buyout

A buyout begins with determining the fair market value of the business. Illinois law allows for different valuation methods, including:

- Income approach – Based on future earnings potential
- Asset approach – Based on tangible and intangible assets
- Market approach – Based on sales of similar businesses

In many cases, financial experts or forensic accountants are needed to assess the business’s true worth. The valuation process is often a point of contention, as one spouse may argue for a lower valuation to reduce the buyout cost while the other seeks a higher value.

## Structuring A Buyout

Once the business’s value is established, the buyout can be structured in different ways:

- Lump-sum payment – One spouse pays the other for their share in full.
- Installment payments – Payments are made over time, reducing immediate financial strain.
- Asset trade-off – One spouse keeps the business while the other receives other marital assets of equal value, such as real estate or retirement accounts.

The right structure depends on the financial situation of both parties and the ability of the business to sustain payments.

## Legal Considerations And Potential Disputes

A buyout must be handled carefully to avoid tax consequences, cash flow issues, and legal disputes. If one spouse disagrees with the valuation or terms, litigation may be necessary to resolve the matter. Additionally, non-compete agreements may be required if the departing spouse was involved in the business to prevent them from opening a competing practice or company.

## Divorce FAQs

### Is My Spouse Entitled To A Share Of My Business If They Never Worked There?

Yes, if the business is considered marital property under 750 ILCS 5/503, your spouse may have a claim to its value. Even if they were not actively involved, marital funds or other contributions may justify an equitable division.

### How Is A Business Valued In An Illinois Divorce?

Business valuation depends on financial records, cash flow, assets, and industry comparisons. Courts often rely on financial experts to determine an accurate market value.

### Can I Protect My Business From Being Divided In A Divorce?

A prenuptial or postnuptial agreement can protect a business from division. If no agreement exists, keeping business finances separate from marital funds and maintaining clear records of ownership and contributions can help.

### What If I Cannot Afford To Buy Out My Spouse?

If a lump-sum payment is not possible, installment payments or trading other assets may be options. Courts consider financial ability when approving a buyout structure.

### Can My Spouse Force Me To Sell The Business?

While Illinois courts do not typically force a business sale, if a buyout is not financially viable and other assets cannot offset the value, selling may become necessary.

### What Happens If We Disagree On The Business Valuation?

Each spouse may hire separate valuation experts, and if they disagree, the court may decide on a fair value based on presented evidence.

### Does My Spouse Have To Sign A Non-Compete Agreement If I Buy Them Out?

A non-compete agreement may be included in the buyout to prevent the departing spouse from starting a competing business, especially in professional fields like medicine or law.

### What If My Spouse Co-Owns The Business With Me?

If both spouses are listed as co-owners, the court may evaluate whether one spouse can buy out the other or whether selling the business is the best option.

### Can A Court Force Me To Give My Spouse A Share Of My Business?

Illinois courts can award a percentage of the business value to a spouse, but they do not typically order joint ownership unless both parties agree.

## Contact Our Chicago Divorce Attorney For Exceptional Representation

If you are facing a divorce and own a medical practice or small business, protecting your financial interests is critical. A buyout may be the best way to retain ownership while ensuring a fair division of marital assets. At Gordon & Perlut, LLC, we help business owners navigate complex divorce issues and secure outcomes that protect their livelihood.

If you have questions about your options, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Chicago.

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### [Misconceptions About Spousal Maintenance](https://familylawadvocate.com/misconceptions-about-spousal-maintenance/)

**Published:** July 20, 2016
**Author:** familylawadvocate

**Content:**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

When couples in Chicago file for divorce, judges often have to make a decision about whether to award [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), which is also known as [alimony](https://familylawadvocate.com/divorce/spousal-maintenance/). As many Chicago residents know, Illinois recently changed a number of its laws related to divorce and family law, and those amendments included a new formula for calculating spousal maintenance.

While the use of such a formula should disabuse people of the notion that one of the parties—namely, the payee spouse—is making out much better in the divorce than the payor spouse, a [recent article](http://www.theatlantic.com/business/archive/2016/04/the-divorce-gap/480333/) in *The Atlantic* addresses this common misconception as well as some others. In short, neither spouse typically is the “winner” in a divorce, and it is important to think carefully about financial implications before you dissolve your marriage.

## Stay-at-Home Moms Do Not Receive Windfalls in Divorce

One of the most frequent misconceptions about spousal maintenance and divorce is that stay-at-home moms tend to receive a lot of money through child support and spousal maintenance payments. Indeed, as the article explains, there is “a common perception that women siphon off the wealth of their exes and go on to live in comfort.” For an overwhelming majority of divorced couples, this is simply not a reality.

Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) (IMDMA), judges are asked to consider a number of factors in deciding whether or not to award alimony (spousal maintenance is not simply a given in every divorce). Some of the factors that judges consider in making this decision include, but are not limited to:

- Length of the marriage
- The standard of living of the couple during the marriage
- Income and needs of each of the spouses
- Whether one of the spouses sacrificed educational or career opportunities for the benefit of the other spouse or for the family

Once a judge decides that spousal maintenance is appropriate, assuming that the couple’s combined income is under $250,000 per year, the judge can rely on the new spousal maintenance formula, which involves a basic calculation (and is an objective one).  You can use the Maintenance Calculator at www.FamilyLawAdvocate.com for guidance.

### Women Have Less Money After Divorce Regardless of Spousal Maintenance

Why, then, do some commentators continue to suggest that payee spouses—often women who have stayed at home with children—are the “winners” in divorces in which spousal maintenance is awarded? While we cannot say for certain why this myth persists, the article does make clear that “women who worked before, during, or after their marriages see a 20 percent decline in income when their marriages end.”

This statistic comes from the research of Stephen Jenkins, a professor of economics at the London School of Economics. In addition to women seeing a salient decline in their incomes after divorce, Jenkins’s research also notes that men, who are typically the payor spouses, “tend to see their incomes rise more than 30 percent post-divorce.” And for another sobering fact to dispel this misconception about spousal maintenance and divorce, “the poverty rate for separated women is 27 percent, nearly triple the figure for separated men.”

In other words, spousal maintenance is aimed at helping payee spouses to get back on their feet after a divorce and to get into a position where they can begin earning enough money to support themselves. Spousal maintenance, or alimony, is often essential for spouses who have forgone certain educational or career opportunities in order to support the other spouse or to raise the couple’s children.

## Frequently Asked Questions About Illinois Spousal Maintenance

### How Is Spousal Maintenance Determined in Illinois?

In Illinois, the determination of spousal maintenance, also known as alimony, involves a comprehensive assessment of several key factors that the courts take into account to ensure a fair outcome. These factors include:

#### The Length of the Marriage

Courts generally assess how long the couple has been married, as longer marriages may justify a greater need for ongoing financial support.

#### Each Spouse’s Income and Financial Needs

The financial situation of both spouses is evaluated, including their individual incomes, expenses, and overall financial requirements to maintain a comparable standard of living.

#### The Standard of Living Established During the Marriage

Courts aim to maintain the lifestyle that both parties enjoyed during the marriage, taking into account housing, amenities, and other factors that contributed to their quality of life.

#### Contributions to the Marriage

This considers both financial contributions (such as earnings) and non-financial contributions (such as homemaking and childcare). Courts recognize that both spouses may have contributed differently to the marriage’s success and stability.

#### The Age, Health, and Earning Capacity of Both Spouses

The physical health and age of each spouse play a crucial role, particularly if they affect the ability to earn an income. Courts evaluate whether either spouse is at a disadvantage due to age or health issues.

### How Is the Amount of Maintenance Calculated?

In determining the amount of spousal maintenance, Illinois employs a specific formula for couples with a combined gross income of less than $500,000 annually. This formula is as follows:

Calculate 33.3% of the paying spouse’s net income and subtract 25% of the receiving spouse’s net income. It’s important to note that the total amount of maintenance awarded cannot exceed 40% of the combined net income of both spouses. For couples whose combined income exceeds $500,000, judges have the discretion to determine what constitutes a fair maintenance amount, which may involve a more individualized approach depending on the couple’s unique circumstances.

### How Long Does Spousal Maintenance Last?

The duration of spousal maintenance payments is directly related to the length of the marriage. Specific guidelines include:

**Less than 5 years** – Maintenance is typically awarded for 20% of the duration of the marriage.

**5 to 10 years** – Maintenance is generally set for 40% of the marriage length.

**10 to 15 years** – Maintenance may last for 60% of the length of the marriage.

**15 to 20 years** – Maintenance is often awarded for 80% of the marriage length. –

**Over 20 years** – In these cases, courts may award indefinite maintenance or payments that equal the entire length of the marriage, recognizing the long-term commitment involved.

### Can Spousal Maintenance Be Modified?

Spousal maintenance can be modified under certain circumstances if there has been a significant change in either spouse’s situation. Common reasons for modification include:

- A considerable increase or decrease in income that affects financial stability.
- The retirement of the paying spouse, potentially reducing their capacity to pay maintenance.
- The receiving spouse achieves financial independence through employment or other means.

Such modifications need to be substantiated with evidence in court, prompting a reevaluation of the original maintenance agreement.

### Does Spousal Maintenance End If the Recipient Remarries?

Yes, spousal maintenance payments automatically terminate if the recipient spouse remarries or begins a cohabitation arrangement in a conjugal relationship with a new partner. This is based on the understanding that a new marital relationship introduces a support system that alleviates the need for maintenance from the former spouse.

### Are Maintenance Payments Taxable?

Since the tax reforms enacted in 2019, spousal maintenance payments no longer have tax implications for either party. Specifically, they are not tax-deductible for the payer, meaning that the paying spouse cannot reduce their taxable income by the amount of alimony they pay. In turn, the recipient spouse does not list these payments as taxable income, simplifying tax considerations for both parties. This change has led to a more straightforward understanding of the financial responsibilities related to spousal maintenance.

## Contact Our Chicago Spousal Maintenance Lawyer

If you are considering divorce and have questions about spousal maintenance, an experienced[ family lawyer in Chicago](https://familylawadvocate.com/family-law/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250 to learn more about how we can help.

(Updated 4/21/2025)

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### [How To Find An Experienced Divorce Lawyer For Men](https://familylawadvocate.com/how-to-find-an-experienced-divorce-lawyer-for-men/)

**Published:** April 21, 2025
**Author:** familylawadvocate

**Content:**

Choosing the right divorce lawyer is crucial, particularly for men who may face unique challenges and stereotypes in family court. The right attorney not only understands the legal nuances of divorce but also the specific concerns that men may have regarding custody, financial support, and asset division.

In Illinois, where the [laws governing divorce](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000) are complex and constantly evolving, having a skilled lawyer who can effectively represent your interests is essential. Let’s now discuss the steps men can take to find an experienced divorce attorney in Illinois, ensuring they have the support needed to handle their divorce case.

Finding a lawyer who is skilled in the law and addresses the specific challenges faced by men during a divorce can significantly impact the outcome of your case. It’s about more than just legal knowledge; it’s about understanding and advocacy. As such, it’s important to approach this process with thoroughness and diligence, ensuring that the chosen attorney aligns with your needs and can effectively champion your rights and interests in court.

## Understand Your Needs

Before embarking on the search for a divorce lawyer, it’s crucial to have a clear understanding of your needs from the divorce proceedings. Are you primarily concerned about child custody, asset retention, or spousal support management? Identifying these priorities will enable you to seek out a lawyer with a proven track record in these areas.

It’s also essential to consider your preferred communication style and the level of involvement you expect in your case. Do you prefer regular updates and a hands-on approach, or are you looking for your lawyer to handle everything? These preferences will guide you in selecting an attorney whose approach aligns with your expectations.

## Research Potential Attorneys

Begin your search by exploring reputable legal directories such as the [Illinois State Bar Association’s website](https://www.isba.org/public/guide/gettingadivorce#:~:text=The%20only%20grounds%20for%20divorce,irretrievable%20breakdown”%20of%20a%20marriage.), where you can find licensed lawyers in good standing. These directories often provide initial details about a lawyer’s areas of focus, years of practice, and sometimes client reviews. Online platforms like Avvo or Martindale-Hubbell offer ratings and reviews from both peers and clients, which can give you insights into an attorney’s reputation and professionalism. This thorough research will reassure you and instill confidence in your choice of potential attorneys.

Seeking referrals from trusted sources such as friends, family, or colleagues who have gone through a similar process can be invaluable. They can share their experiences with their divorce attorneys and recommend someone who is particularly skilled at handling cases for men. Remember, the goal is to compile a list of potential attorneys who have demonstrated experience and skill in the specific areas of divorce law that are most relevant to your case.

## Evaluating Experience And Credentials

Once you have a list of potential lawyers, examine their credentials and experience more closely. Check their official websites and LinkedIn profiles to learn more about their professional background and areas of practice. Many attorneys publish articles or blog posts that can give you further insight into their knowledge and how they approach divorce cases. Additionally, verify their standing with the Illinois State Bar Association to ensure they have no history of ethical violations or disciplinary actions.

It’s highly recommended to attend initial consultations with a few selected attorneys. These meetings are pivotal in assessing whether the attorney’s legal approach and personality are a good fit for you. Prepare a list of questions that cover topics such as their experience with similar cases, their strategy for your case, and an overview of their fees and billing practices. The consultation is also the time to discuss any specific concerns you might have about how gender issues might affect your case and how they plan to address these in their strategy. These consultations should leave you feeling hopeful and optimistic about finding the right lawyer for your case.

## Making Your Final Decision

After meeting with potential attorneys, assess each interaction and determine which attorney you feel most comfortable with and confident in. Consider their responsiveness to your questions, their understanding of your specific needs, and their overall demeanor and professionalism. You must trust your attorney and feel confident in their capability to represent you effectively in a divorce case.

Choosing the right divorce lawyer is a critical decision that can have a lasting impact on your life and your relationship with your children. The right attorney for any man going through a divorce will not only provide competent legal counsel but also understand and advocate for his rights and needs throughout the proceedings. By carefully considering each candidate’s qualifications, approach, and personal comfort with them, you can make an informed decision that best supports your goals for the outcome of your divorce.

## Frequently Asked Questions About Father’s Rights In Illinois Divorce

### Do Fathers Have Equal Custody Rights in Illinois?

Yes, fathers have equal custody rights in Illinois. The state’s court system does not automatically favor mothers when making custody determinations. Instead, judges focus primarily on the child’s best interests, taking into account a variety of factors. These factors may include: – The nature and quality of each parent’s relationship with the child, including attachment and emotional bonds. – The child’s emotional well-being, as well as their physical health and safety. – Each parent’s ability to provide a secure and stable home environment that promotes the child’s development and welfare.

### What Is the Difference Between Custody and Parental Responsibilities?

Illinois has transitioned from the terminology of “custody” to the more comprehensive concept of “parental responsibilities.” This term encompasses:

**Decision-making authority** – This refers to the rights and responsibilities of each parent to make significant decisions regarding the child’s upbringing. This includes decisions about education, healthcare, and religious education.

**Parenting time** – This denotes the physical time a child spends with each parent. Parenting time schedules can vary widely, and courts aim to allocate time in a manner that serves the child’s best interests.

### Can a Father Get Full Custody?

Yes, a father can obtain full custody (known as sole parental responsibility) under specific circumstances. Full custody is typically awarded only if it aligns with the child’s best interests. Courts will consider granting sole decision-making authority to one parent if the other parent is deemed unfit, for example, due to issues such as substance abuse, neglect, or a history of domestic violence, which could jeopardize the child’s safety or emotional stability.

### How Can a Father Establish Paternity?

For fathers who were not married to the mother at the time of the child’s birth, establishing legal paternity is essential to gain parental rights. This process can be achieved through:

**Signing a Voluntary Acknowledgment of Paternity (VAP)** –  [This is a legal document that establishes the father’s paternity](https://hfs.illinois.gov/content/dam/soi/en/web/hfs/sitecollectiondocuments/hfs3416b.pdf) when both parents agree.

**Taking a court-ordered DNA test** – If paternity is disputed, a DNA test may be required by the court to confirm the biological relationship. Once paternity is established, the father gains legal rights, including custody and parenting time.

### Can a Father Be Denied Parenting Time?

A father generally has the right to reasonable parenting time unless the court determines that his involvement poses a threat to the child’s safety or well-being. Circumstances that could lead to denied parenting time might include documented instances of abuse or neglect. If a mother unjustly refuses visitation rights without legitimate legal justification, the father can take legal action by petitioning the court to enforce his rights regarding parenting time.

### Can a Father Receive Child Support?

Yes, a father can receive child support, especially if he is the primary caregiver or has a significant amount of parenting time. Illinois law allows for child support obligations to be calculated based on both parents’ incomes and the amount of time each parent spends with the child. This ensures that the financial needs of the child are met in a fair manner. Child support may cover essential expenses such as healthcare, education, and daily living costs.

### Can Custody Arrangements Be Modified?

Yes, custody arrangements can be revisited and modified if there are significant changes in circumstances. Such changes may include relocation of one parent, changes in employment status, or emerging concerns regarding the child’s well-being or developmental needs. A father can request a modification of parental responsibilities through the court, providing evidence supporting the requested changes and demonstrating how they would benefit the child. Courts thoroughly evaluate such requests to ensure that any modifications serve the best interests of the child involved.

## Contact Our Chicago Divorce Lawyer For Exceptional Legal Assistance

Call Gordon & Perlut, LLC for dedicated legal support. If you are undergoing a divorce or helping someone close to you through the process, it’s essential to know the important steps to defend your legal rights. Our Chicago divorce attorneys have the necessary experience to manage your case with precision. For your divorce consultation, contact our [Chicago divorce lawyer](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/) at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250).

(Updated 4/21/2025)

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**Categories:** Divorce Lawyer

---

### [Why Fathers' Rights Lawyers Are Still Needed](https://familylawadvocate.com/why-fathers-rights-lawyers-are-still-needed/)

**Published:** October 16, 2023
**Author:** familylawadvocate

**Content:**

As a father, you love your child unconditionally, but sometimes divorce can compromise your fatherly rights. Or, if you were never married to the mother, she could make it difficult for you to see or have a relationship with your child. In either situation, you must take action to ensure you are a part of the child’s life. For questions about asserting your rights as your child’s father, speak to one of our [fathers’ rights lawyers in Chicago](https://www.familylawadvocate.com/fathers-rights/) at Gordon & Perlut, LLC.

## What Is Paternity?

Under the law, [paternity is the legal relationship between a father and child](https://19thcircuitcourt.state.il.us/2137/PaternityChild-SupportParenting-Class#:~:text=In%20Illinois%2C%20if%20the%20mother,%E2%80%9CDenial%20of%20Paternity%E2%80%9D%20form.). If you are married to the child’s mother, your name will be on the child’s birth certificate as the father. If you are not married to the mother, you may need the help of a fathers’ rights attorney to assert your paternal rights. You and the child have rights under the law that are asserted when proper legal documents show paternity.

After you prove paternity, the child has more personal and financial security because it has been proven you are the father. Also, the child will be eligible for life and health insurance, as well as possible Social Security benefits. Furthermore, the child will also be able to inherit assets from you.

### How Paternity Is Proven In Illinois

You are not required to prove paternity if you are married to the mother when the child is born; it is assumed that you are the father. But if you are not married to the mother, there are steps to take to prove paternity.

If you and the mother get along, you can sign a Voluntary Acknowledgement of Paternity (VAP) document. This document is for unmarried mothers and fathers who want to prove their child’s parentage. It is required that the form is completed, signed, and filed with the Department of Healthcare and Family Services. If you get along, you and the mother can take care of the VAP.

If you do not have an amicable relationship with the mother or are unsure if you are the child’s father, you may need to take additional legal steps. You can get a DNA paternity test, which only requires a swab of the child’s, father’s, and mother’s inside of the cheek to prove paternity.

If you and the mother get along, the DNA test can be done yourselves. But if you are not getting along, your fathers’ rights attorney could be a critical part of the process. A court order may be needed to prove that you are the child’s father. Only then will you fully assert your rights as the father.

## Father’s Rights Trends In Illinois

Illinois has made significant advancements in ensuring that fathers are granted equal rights in family law cases, although several challenges persist. Recent developments illuminate trends in legal protections, custody arrangements, and advocacy efforts focused on affirming and securing the active roles of fathers in their children’s lives.

### Equal Parental Rights for Fathers

[Under Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638), both parents—regardless of gender—are recognized as having equal rights and responsibilities concerning the upbringing of their children. This legal framework ensures that fathers are positioned on equal footing with mothers when it comes to obtaining custody or parenting time. The state’s family courts operate under the guiding principle of the “best interests of the child,” which underscores the importance of both parental figures in a child’s life, thereby allowing fathers to effectively advocate for their parenting rights.

### Establishing Paternity for Unmarried Fathers

For unmarried fathers, establishing legal paternity is essential for securing parental rights and responsibilities. Various avenues exist for this process:

**Signing a Voluntary Acknowledgment of Paternity (VAP)** – This form can be signed at the hospital when a child is born or later, and it legally recognizes the father’s parental rights.

**Obtaining a Court-Ordered DNA Test** – If paternity is in dispute, the court may order a DNA test to confirm biological parentage.

**Filing a Paternity Petition in Family Court** – This legal action allows the father to seek recognition as the child’s legal parent through judicial proceedings. Failure to establish legal paternity can severely limit a father’s ability to claim custody or visitation rights, making this a crucial step for unmarried fathers.

### Shifts in Custody and Parenting Time

In recent years, Illinois courts have shown a growing preference for joint parenting arrangements, which promote the involvement of both parents in a child’s life. While mothers have traditionally been awarded primary custody, there is now a notable increase in cases where fathers successfully obtain equal parenting time. To secure this arrangement, fathers must demonstrate a consistent involvement in their children’s lives and provide a stable environment. This shift reflects a broader cultural recognition of the importance of a father’s role in child development.

### Overcoming Gender Bias in Family Courts

Despite the legal reforms aimed at promoting equality, fathers may still face implicit biases in family court proceedings, particularly in custody disputes involving young children. These biases can manifest in assumptions about parental caregiving roles and may influence judicial decision-making. Advocacy groups and legal professionals are actively working to highlight these biases and promote gender-neutral approaches in custody hearings. Their efforts aim to ensure that all parents, regardless of gender, receive equitable treatment in legal matters concerning their children.

### Child Support and Financial Responsibilities

Illinois employs an income-shares model to determine child support obligations, which takes into account the earnings of both parents. This system seeks to ensure that child support arrangements reflect the actual financial needs of the child while promoting fairness in the distribution of financial responsibilities. Fathers who take on the role of primary caregivers may be entitled to receive child support from the other parent, reinforcing a shift toward equitable financial arrangements in divorce settlements.

This approach recognizes the importance of both parents contributing to their child’s upbringing, regardless of custody arrangements. In summary, while Illinois has made commendable progress in ensuring equal rights for fathers in family law, ongoing efforts are necessary to address remaining challenges and biases, ensuring that all parents can play an active role in their children’s lives.

## Speak To Our Fathers’ Rights Lawyers In Chicago Today

If you are not married to your child’s mother, you could have difficulty asserting your fatherly rights, such as visitation and making major decisions affecting the child’s life. You should contact our fathers’ rights lawyer in Chicago at Gordon & Perlut, LLC in this situation. Our attorneys can provide detailed legal advice about what you need to do to assert your rights as your child’s father. For more information,[ contact our Chicago fathers’ rights attorneys](https://www.familylawadvocate.com/contact-us/) today at (312) 360-0250.

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### [Tips for Avoiding Financial Mistakes in a Divorce](https://familylawadvocate.com/tips-for-avoiding-financial-mistakes-in-a-divorce/)

**Published:** March 18, 2020
**Author:** familylawadvocate

**Content:**

**By: [Gordon & Perlut, LLC](https://familylawadvocate.com/m-scott-gordon-2/)**

Finances in a divorce can be complicated and contentious, and both parties want to avoid unnecessary costs. Both spouses also want to make sure they have the money they need to live outside the marriage, and they can protect valuable assets they believe to be separate property that should not be distributed during property division. While financial concerns can seem overwhelming during your [Chicago divorce](https://familylawadvocate.com/divorce/), you should know that a[ recent study conducted by Fidelity Investments](https://www.reuters.com/article/markets/wealth/your-money-avoid-divorce-money-regrets-by-taking-control-now-idUSKBN1ZD0E9/) and reported in Reuters suggests that, “by five years after a divorce, most people feel recovered from the psychological and financial blows.”

Yet even if you are most likely to bounce back financially from your divorce, you can still avoid common mistakes many people make in divorce cases. The following are tips for avoiding financial errors in your divorce.

## **Educate Yourself About Family Finance Issues As Soon As Possible**

If your spouse was the one who primarily handled finances in your marriage, it is important to begin learning about family finance issues as soon as possible, from managing bank accounts to dealing with tax issues. The Fidelity Investments study provides a checklist for learning about family finance matters, which includes the following topics:

- Tax returns
- Tax statements, including Social Security and property taxes
- Mortgage documents and applications
- Credit card statements
- Bank statements
- Loans, including student loans and personal loans
- Details about family members, including birth dates and Social Security numbers
- Employer names and contact information for both spouses
- Health insurance information, including for children and other dependents
- Pay information, including secondary income from investments or family support
- Retirement and pension information
- Investment accounts, including annuities and stock options

### Budget Ahead of Time

You can avoid ending up in a difficult financial spot after your divorce if you budget ahead of time. Be sure to consider regular expenses as well as costs you may not automatically anticipate.

### If Possible, Communicate with Your Spouse

If you are still on speaking terms with your spouse, communicating about family finances can help you avoid forgetting about certain marital debt or even particular marital assets. Although communication with your ex can feel difficult and emotionally draining, it can be beneficial for ensuring the financial aspects of your divorce go smoothly.

### Consider a Property Settlement Agreement

If you have a sense of what is best for you in terms of property division and post-divorce finances, you should consider working with your lawyer to negotiate a property settlement agreement with your ex-spouse. If you are both able to agree to terms in a property settlement agreement, you will not need to go through the difficult process in which the court divides marital property.

### Create a Postnuptial Agreement

If you do not have a premarital agreement in place, you may still be able to create a postnuptial agreement. In a postnuptial agreement, you can reach an agreement with your spouse about a variety of financial issues, including how particular marital assets or debts will be distributed in the divorce and how certain assets or debts will be classified (as separate or marital property).

## Contact Our Divorce Attorneys in Chicago

Do you have questions about avoiding financial mistakes in your divorce? There are steps you can take now to make financial matters easier during and after your divorce. An experienced[ Chicago divorce attorney](https://familylawadvocate.com/divorce/) can discuss your options with you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250.

(Updated 4/21/2025)

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### [Does No Fault Divorce In Illinois Make It Easier?](https://familylawadvocate.com/does-no-fault-divorce-in-illinois-make-it-easier/)

**Published:** January 30, 2023
**Author:** familylawadvocate

**Content:**

Illinois has been a no-fault divorce state for years. However, until 2016, petitioners could file for divorce for adultery, impotence, alcoholism, and more. Today, the only grounds for divorce in Illinois are irreconcilable differences. Learn more about no-fault divorce below, then contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC if you need assistance.

## Does No-Fault Divorce Make Things Easier?

Most people understand what no-fault divorce means. However, some still believe that someone at fault in marriage matters in court. For example, you might think that if your husband cheated on you, it could affect how much alimony you receive.

[Who did wrong in a marriage doesn’t matter in an Illinois divorce](https://www.isba.org/public/guide/gettingadivorce). Therefore, responsibility for the breakup doesn’t play a role in the division of assets. If your spouse wronged you, that is undeniably painful. However, from an Illinois legal perspective, the reasons for your breakup don’t matter.

## Can Your Spouse Contest A No-Fault Divorce?

Yes. If one spouse wants to reconcile after divorce, then you must prove irreconcilable differences to get your divorce. However, once you live ‘separate and apart’ for a minimum of six months, that is enough “proof” to show irreconcilable differences. It does not mean you have to live in separate houses, but you can do it. If you live separately and apart for six months, the grounds for divorce have then been met.

## How Will Marital Assets Be Divided In A No-Fault Divorce?

The first part of dividing marital assets in a no-fault divorce is determining the assets that are marital property and which are not. If you owned property before you were married or inherited it, this is deemed separate property, assuming you maintained its separate character.

The courts in Illinois use an “equitable” distribution standard in divorces, but this does not always mean there will be a 50/50 split. Instead, the assets could be divided in many ways that the court says are fair and just. Some of the factors the court will consider as it divides assets include:

How long you were married: The shorter you were together, the more likely there will be a 50/50 split. However, if there is a longer marriage and a large income disparity, the court could very well award more assets to the spouse with a lower income.

Earning power: If you stayed at home to raise the children, you would have less earning power if there is a divorce. So, you may be awarded more property.

## How Has No-Fault Divorce Impacted Divorce In Illinois?

No-fault divorce has profoundly transformed the divorce landscape in Illinois, significantly enhancing accessibility and reducing the adversarial nature of the process. With the implementation of a pure no-fault divorce system in 2016, Illinois couples are no longer required to prove wrongdoing, such as adultery or cruelty, to end their marriage. Instead, they simply need to demonstrate irreconcilable differences, simplifying and expediting the legal proceedings while minimizing conflict between parties.

## Key Impacts of No-Fault Divorce in Illinois

### Faster and Less Contentious Divorces

Prior to the establishment of no-fault divorce, spouses were obligated to establish fault-based grounds for divorce, which often led to prolonged, emotionally charged disputes. This requirement frequently resulted in lengthy court battles filled with accusations and stress. In contrast, under the no-fault system, couples can dissolve their marriage without engaging in a blame game, making the divorce process significantly quicker and less emotionally taxing for all involved.

### Reduced Financial and Emotional Strain

The financial implications of fault-based divorces can be severe, as they often entail significant legal fees, extensive evidence collection, and additional court time. The no-fault divorce framework eliminates the necessity for proving misconduct, which lowers overall costs and allows couples to concentrate on reaching equitable settlements rather than engaging in bitter fights. This shift facilitates a more amicable divorce process that can mitigate the emotional fallout often associated with divorce.

### Enhanced Privacy and Confidentiality

Under the fault-based divorce system, intimate and personal grievances—such as infidelity or substance abuse—could become public records, exposing personal issues to the scrutiny of others. The no-fault divorce model protects the privacy of individuals by requiring them to disclose only irreconcilable differences, thereby ensuring that deeply personal disputes remain confidential and minimizing the potential for public humiliation.

### Increased Accessibility to Divorce

One of the most significant advantages of no-fault divorce is its ability to provide a pathway for individuals in unhappy or abusive marriages to leave without needing to prove fault. This change has been especially beneficial for spouses who faced challenges in meeting the legal criteria for divorce in a fault-based system. Consequently, more individuals now have the opportunity to seek a new beginning, leading to improved emotional well-being.

### Shift in Legal Strategy

The elimination of fault-based grounds has shifted the focus of divorce cases from proving wrongdoing to addressing practical matters such as asset division, child custody, and financial settlements. This new emphasis encourages collaborative negotiations and mediation-based resolutions rather than adversarial tactics, which can often escalate conflicts. As a result, couples are more inclined to work together to achieve mutually beneficial agreements.

## Concerns About No-Fault Divorce

Despite the advantages, the no-fault divorce system has faced criticism. Some detractors argue that making divorce too accessible may contribute to higher divorce rates, as individuals may choose to end their marriages with less consideration than before. Others express concern that the removal of fault-based grounds can reduce leverage in negotiations, particularly in cases involving financial misconduct or abusive behavior, where proving fault could have significant consequences.

In conclusion, no-fault divorce has significantly reshaped family law in Illinois, making the process of divorce more efficient, private, and accessible to all. Although concerns about the potential implications of this system persist, its primary focus on fairness and conflict reduction allows couples to move forward in their lives without engaging in unnecessary legal battles. If you are contemplating divorce, consulting a qualified family law attorney can provide you with the guidance you need to navigate the process effectively and ensure that your rights and interests are protected.

## Contact Our Chicago No-Fault Divorce Attorney Now

If you are getting divorced in Chicago, it is essential to be represented by an attorney who will ensure you are treated fairly. The Chicago no-fault divorce attorneys at Gordon & Perlut, LLC can help you.

Our lawyers are skilled and experienced in handling no-fault divorces in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for help with your divorce.

(Updated 4/21/2025)

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**Categories:** Divorce Attorney

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### [Potential Issues in High Net Worth Divorces](https://familylawadvocate.com/issues-in-high-net-divorces/)

**Published:** September 29, 2015
**Author:** familylawadvocate

**Content:**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

[Divorce](https://familylawadvocate.com/divorce/ "Divorce") is a difficult experience regardless of how long a couple has been together or how many assets they have between them. However, high net worth divorces can lead to unique issues, especially when discussing tax issues and support, in tandem with [asset division](https://familylawadvocate.com/divorce/property-division/ "asset division"). Equity is the watchword, and it can be more difficult to achieve equity when there is a wider pool of marital property than usual.

## What Qualifies as High Net Worth in an Illinois Divorce?

A divorce generally falls under the heading of “high net worth” when several large assets are at issue during proceedings. The most common assets at stake in these types of divorces can include:

- High levels of income
- A family home free of debt
- Vacation homes and/or investment real estate
- Pensions and IRAs or other retirement accounts
- Luxury items such as recreational vehicles, antiques, or collections

Because these assets generally have high monetary value, and because there are laws that strictly govern their conveyance (especially regarding classes such as real property), it can very often take a professional to assess what is legally possible and what is not. It can even become more difficult if the assets of a divorcing couple include business interests that may not end even if the couple ceases to be a couple.

### Potential Issues

Illinois, unlike many other states, is an [equitable property state](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000 "equitable property state"). This means that all property is equitably divided between the spouses, but this is not always as easy as it seems. It is extremely common for spouses (and lawyers) to disagree on whether something constitutes marital or non-marital property. One might think this was straightforward – property acquired during the marriage is marital property, at least in theory – but there are enough exceptions where reasonable minds may sometimes disagree. The most common exception is a gift or inheritance to one spouse; that asset remains solely their property (if retained solely in their name), even if acquired during their marriage.

Another possible issue when negotiating a high net worth divorce agreement is the question of asset hiding. While it does happen at a fairly steady clip – a National Endowment for Financial Education (NEFE) study in 2011 reported that about three in ten Americans were routinely untruthful with their spouse or partner about financial matters – it is nonetheless improper. It is a breach of the rules of civil procedure to knowingly lie on divorce asset disclosure forms. In Illinois, asset hiding is punishable by fines and/or jail time in serious matters. The principle of equability is taken very seriously by the courts, as well as the principle that both spouses should be left financially stable after a divorce.

## Trends In Illinois High Net Worth Divorce

High-net-worth divorces in Illinois pose distinct challenges due to the intricate nature of assets, financial holdings, and legal considerations involved. Unlike standard divorces that typically deal with simpler financial situations, high-net-worth cases often encompass business valuations, hidden assets, and specialized negotiations pertaining to complex financial arrangements. Below, we explore the latest trends and considerations that shape high-net-worth divorces in Illinois, elaborating on each aspect for a clearer understanding.

### Increased Complexity in Asset Division

The division of assets in high-net-worth divorces necessitates a thorough and detailed financial analysis to achieve a fair and equitable distribution. The variety of assets commonly involved includes:

**Business Ownership Interests** – This can encompass privately held companies or partnerships, requiring expert valuation to ascertain worth.

**Investment Properties and Vacation Homes** – Real estate assets must be appraised, often considering market conditions and potential rental income.

**Stock Portfolios, Hedge Funds, and Retirement Accounts** – These financial instruments require careful assessment of current valuations and potential future growth, which may involve financial advisors to effectively analyze.

**Executive Compensation Packages** – High-ranking professionals may have complex compensation structures, including bonuses, stock options, and deferred compensation that need precise evaluation.

**Luxury Items** – Valuables such as fine art, antiques, and collectibles often necessitate the expertise of specialists in those fields to appraise accurately. Given the complexity of these assets, leveraging professionals like forensic accountants and financial experts is often essential to determine accurate valuations and provide a comprehensive view of the marital estate.

### Hidden Assets and Financial Transparency

In high-net-worth divorces, issues of hidden assets can complicate proceedings significantly. It is not uncommon for one spouse to attempt to obscure certain financial holdings to benefit themselves during asset division. In such scenarios, courts may mandate forensic accounting services to thoroughly investigate financial records and uncover hidden funds, offshore accounts, or undisclosed investments. Ensuring full financial transparency is critical for both parties involved, as it fosters a fairer and more equitable settlement process.

### The Role of Prenuptial and Postnuptial Agreements

Many affluent couples choose to safeguard their assets by entering into prenuptial and postnuptial agreements. These legal documents define the terms of asset division, spousal support, and financial responsibilities should a divorce occur. By laying out clear expectations and protecting individual interests, these agreements can effectively minimize disputes during the divorce process. They not only provide a framework for negotiations but also establish guidelines for addressing financial situations that may arise during the marriage.

### Tax Implications and Financial Planning

The division of high-value assets carries substantial tax implications that can significantly impact both parties’ financial futures. Illinois courts take into account tax liabilities when determining settlement agreements, which means that careful planning is essential. Often, financial advisors help navigate these tax considerations, structuring agreements strategically to reduce tax burdens and ensure that both parties are positioned favorably in a post-divorce scenario.

### Privacy Concerns in High-Net-Worth Divorces

Wealthy individuals often face heightened concerns regarding privacy during divorce proceedings. The potential for public exposure of personal financial details can add stress to an already challenging time. To mitigate this, many high-net-worth divorces incorporate confidentiality agreements or utilize private mediation processes that allow for discussions and negotiations to remain confidential, thereby keeping sensitive information out of the public eye.

### Longer and More Expensive Divorce Proceedings

Due to the inherent complexity of asset division and the extensive financial negotiations required, high-net-worth divorces often take significantly longer and incur higher costs compared to typical divorce cases. The financial implications extend to legal fees, expert consultations, and the potential for protracted court proceedings, all of which contribute to the overall expense. It is not uncommon for these divorces to become a lengthy and drawn-out process, impacting both emotional well-being and financial stability.

By understanding the unique characteristics and current trends of high-net-worth divorces in Illinois, individuals can better navigate the complexities associated with these cases, ensuring that they are equipped to address the unique legal and financial challenges that may arise.

## Contact Our Chicago High Net Worth Divorce Attorneys

Disagreements over property division can, on occasion, render an entire divorce agreement subject to lengthy discussions and outright battles. The assistance of a competent legal professional can help smooth out the process and eliminate any lingering confusion over the complex rules of asset distribution. The [Chicago high net worth divorce attorneys](https://familylawadvocate.com/divorce/ "Chicago high net worth divorce attorneys") at Gordon & Perlut, LLC have years of experience in these cases and are ready, willing, and able to share their knowledge with you. Contact our offices in Chicago or Skokie to discuss your options. We serve the entire Chicagoland area.

(Updated 4/21/2025)

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**Categories:** Potential Issues in High Net Worth Divorces

**Tags:** Attorney Divorce Chicago, Divorce Attorney Chicago, Potential Issues High Net Worth Divorce

---

### [Making a Divorce Checklist](https://familylawadvocate.com/divorce-checklist/)

**Published:** November 30, 2015
**Author:** familylawadvocate

**Content:**

**By: M. Scott Gordon**

When you are in the process of [filing for divorce in Chicago](https://familylawadvocate.com/divorce/ "filing for divorce in Chicago"), you are likely to face a number of daily complications that were not present in your married life. To prevent your [divorce](https://familylawadvocate.com/divorce/ "divorce") from adding unnecessary frustration to your daily activities, it is important to think carefully about certain steps you will need to take in order to get through the divorce process as efficiently as possible. According to a [recent article](http://www.huffingtonpost.com/karen-covy/how-a-simple-divorce-checklist-can-keep-you-from-making-these-10-common-mistakes_b_8271322.html "recent article") in the *Huffington Post*, making a divorce checklist can be a particularly good idea. By making a Divorce checklist that runs the gamut from small daily tasks to large-scale financial responsibilities, you can avoid problems and complications.

What should you put on your Divorce Checklist? The article makes some useful suggestions that can help divorcing spouses throughout the Chicago area.

## Check Your Credit Report

For many couples, there is a relatively good chance that they have debts they have forgotten about or debts they did not know existed in the first place. In some cases, one spouse (during the marriage) will apply for and use a credit card in the other spouse’s name. Learning about an account like this *after* your divorce can hurt you in the short term as well as in the long run.

As such, you should get a copy of your credit report as soon as you think about filing for divorce. That way, you can ensure that you do not have any surprise debts. And once your divorce has been finalized, you should pull your credit report again. It will be important to make sure that your ex-spouse did not apply for any loans or lines of credit in your name during the divorce process.

## Obtain a New Mailing Address

You do not want your soon-to-be ex to have access to your mailings. To be sure, you will be getting mail that you will want to remain confidential. For instance, your Chicagoland divorce lawyer might send you something through the mail that should be private. To ensure that your spouse no longer opens your mail as she or he did during your marriage, it is a good idea to get a P.O. box and have all future mailings directed to that address.

## Change Your Passwords

This might sound obvious, but most spouses share internet passwords with one another for email, social media platforms, bank accounts, and other online logins. As soon as you decide to file for divorce, change those passwords. Do not pick a password that your spouse might be able to guess. It is also a good idea to open a new email account, too.

## Document Your Assets

Before a formal separation and certainly before your divorce process begins, it is important to document your marital assets. Make a list and take photos. You do not want to end up in a position where your spouse decides to hide assets, leaving you with an unfavorable property settlement. The [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000 "Illinois Marriage and Dissolution of Marriage Act") governs property division in our state, and you should make sure that the court has all relevant information before dividing your marital assets.

## Frequently Asked Questions About Divorce in Illinois

### What Are the Residency Requirements for Divorce in Illinois?

To file for divorce in Illinois, at least one spouse must have been a resident of the state for a minimum of 90 consecutive days prior to the filing date. This requirement ensures that the court has jurisdiction over the case. If there are children involved, they must have lived in Illinois for at least six months in order for the court to make informed decisions regarding custody, support, and visitation arrangements.

### Is Illinois a No-Fault Divorce State?

Yes, Illinois is recognized as a pure no-fault divorce state. This means that couples seeking a divorce are not required to demonstrate any evidence of marital misconduct or wrongdoing, such as infidelity or abandonment. The only legal grounds for divorce in Illinois are irreconcilable differences, which indicate that the marriage has broken down to the point where reconciliation is no longer possible. This approach simplifies the divorce process and reduces conflict between spouses.

### Does Illinois Require Separation Before Divorce?

In Illinois, there is no legal requirement for spouses to undergo a formal legal separation before filing for divorce. However, the law stipulates that spouses must live “separate and apart” for at least six months before a divorce can be finalized by the court. Importantly, this does not mean that the spouses must live in completely different residences; courts often accept that couples can continue to share the same home while leading separate lives—meaning they maintain distinct household routines and emotional separation.

### How Long Does the Divorce Process Take?

The timeline for completing the divorce process in Illinois largely depends on whether the case is uncontested or contested:

#### Uncontested Divorce

If both spouses can amicably agree on all significant issues, including property division, child custody, and support agreements, the divorce can typically be finalized within four to eight weeks after the initial filing. This expedited process is often sought by couples looking for a smoother transition.

#### Contested Divorce

In situations where the spouses cannot reach an agreement on crucial matters, the divorce process may take considerably longer, potentially extending from six months to two years or even longer. The complexity of the case and the number of disputes will influence the duration, as multiple court hearings and negotiations may be required to resolve the issues.

### How Is Property Divided in an Illinois Divorce?

Illinois adheres to the principle of equitable distribution when it comes to dividing marital property during a divorce. This means that assets and debts acquired during the marriage are divided fairly, though not always equally. The courts take into consideration various factors, including:

- Each spouse’s financial contributions to the marriage, including income, investments, and homemaking services
- The duration of the marriage, as longer marriages might affect the division of property differently
- Each spouse’s future earning potential, which may influence alimony or spousal support considerations
- The age and health of each spouse, as well as the needs of any children involved

### How Does Child Custody Work in Illinois?

Illinois law emphasizes the importance of maintaining a child’s relationship with both parents, prioritizing joint custody arrangements whenever possible. This approach allows both parents to remain actively involved in their child’s life and decision-making. Child custody decisions are made based on the best interests of the child, taking into account several critical factors, including:

- The level of involvement from each parent in the child’s life and upbringing
- The emotional bond between the child and each parent
- The stability of the home environment offered by each parent
- Each parent’s ability to meet the child’s needs, as well as their willingness to facilitate a relationship between the child and the other parent

### What Happens If One Spouse Refuses to Sign Divorce Papers?

If one spouse is unwilling to cooperate or refuses to sign the divorce papers, the other spouse can still proceed with the divorce process by filing for a default divorce. In this situation, the court can grant the divorce without the non-participating spouse’s input, provided that they do not respond within the required timeframe set by the court. This allows the process to move forward even in cases of disagreement, although it may be beneficial for both parties to seek legal counsel to ensure their rights are protected during this process.

## Hire Our Dedicated Chicago Divorce Lawyer

After you have made your checklist, do not forget to hire an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/ "Chicago divorce attorney"). Having an experienced advocate on your side throughout your divorce proceedings will help the process go as smoothly as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/ "Contact Gordon & Perlut, LLC") today to discuss your divorce and to learn more about your options.

(Updated 4/18/2025)

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**Categories:** Making a Divorce Checklist

**Tags:** Divorce Checklist, Divorce Lawyer Chicago, Making a Divorce Checklist

---

### [Am I Entitled to Unpaid Support For My Child?](https://familylawadvocate.com/am-i-entitled-to-unpaid-support-for-my-child/)

**Published:** March 9, 2016
**Author:** familylawadvocate

**Content:**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

When a non-custodial parent fails to pay[ child support](https://familylawadvocate.com/divorce/child-support/) or has not been involved at all in a child’s life up to a certain point, the custodial parent may be entitled to unpaid child support payments. Generally speaking,[ retroactive child support](https://familylawadvocate.com/divorce/child-support/) is a term that typically comes up in two different situations in which a custodial parent is seeking previously unpaid support for a child.

In some situations, there is a child support order, and the non-custodial parent has failed to make the required support payments. This situation is not technically what falls under the defined terminology of “retroactive” child support, but is referred to as a child support “arrears”.  If court-ordered support is not paid, the Court will require that it be paid.  What if there was no court order for child support, but the non-custodial parent failed to provide support?  In certain circumstances, a custodial parent may seek “retroactive” support back to the child’s birth.

## **Factors to Consider for Obtaining Retroactive Child Support in Illinois**

When can you receive[ retroactive child support](https://familylawadvocate.com/how-is-retroactive-child-support-in-illinois-calculated/)? The first thing to understand is that “retroactive”[ child support can be collected](https://familylawadvocate.com/how-do-i-collect-child-support-if-my-ex-leaves-the-country/) in a case between unmarried parents but not in a divorce under the divorce statute.  If you are the custodial parent and were not married to the other parent, there are particular circumstances in which you may be awarded child support back to the child’s date of birth. There are no hard and fast rules for when a custodial parent can and cannot receive retroactive child support. Instead, the court will look at a number of different factors when determining whether to award retroactive child support. Those factors include the following:

- Whether the father had prior knowledge of the facts and circumstances of the child’s birth
- Whether the father was previously willing to help raise or support the child, or previously refused to provide such support
- Whether the mother or public agency seeking retroactive child support previously informed the father about the child’s needs, and the extent to which that happened, or tried to seek the father’s help in financially supporting or otherwise raising the child
- Reasons for the mother’s (or the public agency’s) failure to previously file an action for child support
- Whether the father would be prejudiced by this delay in bringing the action, and the extent of that prejudice

## **Frequently Asked Questions About Collecting Retroactive Child Support In Illinois**

 **Can Child Support Be Awarded Retroactively in Illinois?**

Yes, in Illinois, courts have the authority to grant retroactive child support. This means that a child support obligation can be applied to past periods, not just from the date of the court order. The decision to award retroactive support is based on several factors, including the non-custodial parent’s income during the relevant time frame and their awareness of their financial responsibilities towards the child. In cases of paternity, child support can often be backdated to the date when legal documents were served that established the father-child relationship, ensuring that the child receives the support needed from the point of recognition.

### **Is There a Time Limit for Retroactive Child Support Claims?**

[Illinois does not enforce a strict statutory time limit](https://www.legalmatch.com/law-library/article/illinois-retroactive-child-support.html) regarding claims for retroactive child support. Nevertheless, courts will evaluate various circumstances surrounding the case, including whether the parent was aware of the child’s financial needs and any delays in requesting support. This means that while there is flexibility in the timing of claims, the specifics of each situation can significantly influence the court’s decision.

### **How Is Retroactive Child Support Calculated?**

The calculation of retroactive child support hinges on the non-custodial parent’s income during the timeframe for which support is being claimed. Courts typically analyze financial records, which may include tax returns, pay stubs, and other documentation that reflects the parents’ earnings.

If a parent has been underemployed or voluntarily unemployed—meaning they chose not to seek full employment despite being able to do so—the court may estimate their earning potential based on prevailing wages for similar jobs in the area. This ensures that the child receives adequate support, reflecting what the parent could have potentially earned.

### **What If the Parent Made Informal Payments?**

In situations where the non-custodial parent made informal or voluntary payments toward the child’s expenses prior to the establishment of a formal child support order, these payments may be considered by the court. The court will evaluate the amount and consistency of these payments when determining the final retroactive support amount owed. This consideration may help reduce the overall retroactive support obligation, acknowledging the parent’s previous contributions.

### **Can Retroactive Child Support Be Modified?**

Yes, retroactive child support orders can be modified under certain conditions. If there is a significant change in the non-custodial parent’s income or a substantial change in the child’s needs, modifications can be requested to reflect these changes. Adjustments can also be made based on the timing of the modification request, which may affect how much retroactive support is owed or how it is enforced.

### **How Can Retroactive Child Support Be Enforced?**

Illinois provides a variety of mechanisms to enforce child support obligations, including retroactive amounts owed. Some common methods include wage garnishment, where a portion of the non-custodial parent’s wages is automatically deducted to satisfy the support obligation. Another is tax refund interception, in which the state can seize tax refunds to cover unpaid support.

The state can also order the issuance of liens on property owned by the non-custodial parent. If a parent fails to comply with their child support responsibilities, legal action can be pursued to recover the amounts owed, ensuring that the child’s financial needs are met.

## **Contact Our Child Support Lawyers In Chicago**

We should note that the typical situation in which a parent seeks retroactive child support is one in which the mother of the child has been responsible for the child’s care, and the father has been the non-custodial parent for all intents and purposes. It is important to highlight this, given the assumptions in the language cited above.

Seeking retroactive child support can be a complicated and frustrating process, and it is important to have an experienced[ Chicago child support lawyer](https://familylawadvocate.com/contact-us/) on your side. If you have questions about beginning the process of obtaining past-due child support, an advocate at our firm can help.[ Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 today to learn more about our services.

(Updated 4/18/2025)

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### [Dividing a Family Business in Your Divorce](https://familylawadvocate.com/dividing-a-family-business-in-your-divorce/)

**Published:** April 2, 2019
**Author:** familylawadvocate

**Content:**

**By: M. Scott Gordon**

The prospect of [dividing marital assets in a divorce](https://familylawadvocate.com/divorce/) is stressful. Nobody wants to think about dividing up retirement assets or determining who will be able to keep possession of certain pieces of property. To be sure, [property division](https://familylawadvocate.com/divorce/property-division/) can be one of the most contentious aspects of a Chicago divorce, particularly when a marital asset has sentimental value that cannot accurately be expressed in a market value assessment, or when a marital asset is the source of one or both of the parties’ incomes.

Things get trickier when a couple who owns a family business wants to divorce. Many couples in the Chicago area end up going into business together. In some cases, they may even have additional business partners in a general partnership, or they may be part of a larger business operation that operates as a limited liability company (LLC). A [recent article](https://www.dailyherald.com/business/20170906/what-will-happen-to-my-business-if-i-get-a-divorce) in the Daily Herald discusses the complications of getting divorced while owning a business together. We want to say more about the process for dividing a business in a divorce.

## Determine Whether the Business Can Remain in Operation

The first step for dividing a business is determining whether it can remain in operation or whether its assets will need to be sold and distributed between the spouses. If the business can remain in operation, this typically means spouses agree to continue working together after the divorce, or one of the spouses will be able to buy out the other spouse. If the business cannot remain in operation, it will need to close, and its assets will need to be sold and distributed.

### Have the Business Valued By an Expert

Regardless of whether the business will remain open or not, the next step in a divorce case where a small business is part of the marital property is to have the business valued by an expert. In the best case scenario, both spouses will hire an independent expert to provide a valuation of the business and the court can take into account those valuations by two neutral parties.

Experts providing a business evaluation will look at the current economy and how the business fits into the current economy, based on the nature of the business (how much demand is there for this type of business?), the business’s financial records, the value of any stock associated with the business and “intangible” values, such as relationships built with long-term customers.

## Frequently Asked Questions About Business Division In An Illinois Divorce

### Is a Business Considered Marital Property in Illinois?

In Illinois, the classification of assets during a divorce hinges on whether they are categorized as marital or non-marital property. Marital property generally refers to assets acquired or generated during the duration of the marriage. This means that any business that is established during the marriage is typically considered marital property. Consequently, such businesses are subject to equitable distribution upon divorce, which can include a division of the business’s value or ownership stake.

Conversely, businesses that were established prior to the marriage, or those that were received as an inheritance or gift, may be classified as non-marital property. These assets are usually retained by the original owner and are not subject to division in divorce proceedings, provided they have not been commingled with marital assets.

### How Is a Business Valued in a Divorce?

Valuing a business during a divorce is a critical and often complex step in the asset division process. Illinois courts employ several valuation methods to ascertain the fair market value of a business, including:

#### Income-Based Valuation

This method focuses on the business’s profitability by analyzing its income statements, cash flow, and future earning potential. It provides an understanding of how much income the business generates, which is vital for valuation.

#### Asset-Based Valuation

This approach assesses both tangible assets (such as equipment, inventory, and real estate) and intangible assets (such as trademarks, patents, and goodwill). It totals the net assets of the business minus any liabilities to establish a value.

#### Market-Based Valuation

This method compares the business to similar businesses within the same industry that have recently sold or been valued. This comparison helps to provide a benchmark, allowing the courts to gauge what similar companies are worth. To ensure the accuracy of the valuation and fair distribution of assets, a forensic accountant is often engaged. They specialize in examining financial records and can provide expert testimony in court regarding the business’s value.

### Can a Spouse Claim a Share of the Business?

In instances where a business is classified as marital property, the non-owner spouse may claim a share of its value. This entitlement isn’t exclusively limited to businesses established during the marriage; it also extends to any increase in the value of a business that was started before the marriage if it appreciates in value due to efforts made during the marriage or marital funds being used to enhance the business. It is important for the owning spouse to document efforts or investments made that influence the business’s value, as these factors can significantly affect how the courts rule during asset division.

### How Can Business Owners Protect Their Assets in a Divorce?

Business owners can take proactive measures to protect their business interests in the event of a divorce. Some strategies include:

#### Prenuptial or Postnuptial Agreements

These legal documents can clearly outline the terms of business ownership, ensuring that the business is recognized as separate property. A well-drafted agreement can provide clarity about how the business will be treated in the event of a divorce.

#### Keeping Business Finances Separate

Owners should avoid mixing personal and business funds. By maintaining distinct accounts and records, owners can help prevent complications regarding asset division and support claims that the business should be considered non-marital.

#### Proper Documentation

Maintaining thorough and accurate records of the business’s establishment and operations can serve as evidence that the business was acquired prior to the marriage or was not influenced by marital efforts. This documentation can include founding documents, financial statements, and any evidence of sole ownership.

### What Happens If Both Spouses Own the Business?

If both spouses actively participate in the business, the situation becomes more complex. They may need to negotiate outcomes such as a buyout, where one spouse purchases the other’s interest in the business, or they may choose to continue co-owning the business. Alternatively, selling the business and dividing the proceeds is also a possible option. In these cases, courts will typically take into account both spouses’ contributions to the business, including financial investments, labor, and management responsibilities. This assessment is essential in determining asset division and ensuring that each spouse receives a fair outcome.

### How Does Illinois Handle Business Asset Division?

Illinois adheres to the principle of equitable distribution when it comes to asset division in a divorce. This means that assets are divided fairly, but not necessarily equally. Courts will consider a wide array of factors during the division process, including:

- Each spouse’s financial contributions to the marital estate, especially concerning the business. – The level of involvement each spouse has in running the business and managing its operations.
- The potential for future earnings for each spouse following the dissolution of the marriage.

By evaluating these factors, Illinois courts aim to reach a balanced and just resolution for both parties involved in the divorce. As a result, it is crucial for both business owners and non-owning spouses to understand these dynamics for effective negotiation and legal strategy.

## Seek Advice from Our Chicago Divorce Attorneys

Our experienced [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) can help you to think through your options when it comes to protecting your business. It may be possible to negotiate a property settlement resulting in your business remaining open, which may involve a buyout of the other spouse. Our firm regularly assists clients with complex property division cases, and we can speak with you today about your situation. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 to learn more about the services we provide to clients in Chicago, Illinois.

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**Categories:** Property Division Attorney

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### [Am I Eligible to Get Divorced?](https://familylawadvocate.com/am-i-eligible-to-get-divorced/)

**Published:** October 16, 2019
**Author:** familylawadvocate

**Content:**

**Am I Eligible to Get Divorce?**

**By: M. Scott Gordon**

If you are having problems in your marriage and have been considering [divorce in Chicago](https://familylawadvocate.com/divorce/), it is important to learn more about whether you are eligible to get divorced. Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)), there are requirements you must meet in order to get divorced. Once you have determined you are eligible for a divorce in Illinois, you will need to determine whether you are eligible for an uncontested divorce or a joint simplified divorce, or whether you will need to go through the longer process of a contested divorce.

## Timing and Eligibility for Divorce Under Illinois Law

Divorce laws vary widely among states, and Illinois has established specific requirements concerning eligibility and timing for filing a divorce. Understanding these legal parameters is crucial, whether you are contemplating divorce or simply seeking to inform yourself about the legal landscape. This comprehensive guide outlines the eligibility criteria, timing considerations, and key steps involved in divorce under Illinois law.

### Eligibility for Divorce in Illinois

Before initiating a divorce in Illinois, certain legal criteria must be satisfied. These requirements ensure that the state has jurisdiction over your case and that both parties have the legal capacity to proceed. Here are the core eligibility factors:

#### 1. Residency Requirements

Under Illinois law, at least one spouse must have resided in the state for a minimum of 90 consecutive days before filing for divorce. This residency requirement is essential for establishing Illinois court jurisdiction over the divorce case. If the couple has children, those children must have lived in Illinois for at least six months prior to the filing for the court to address custody matters.

#### 2. Grounds for Divorce

Illinois is classified as a no-fault divorce state. This means that individuals seeking a divorce do not need to demonstrate any wrongdoing by the other party. The sole basis for divorce recognized under Illinois law is “irreconcilable differences,” signifying that the marriage has broken down beyond repair. If both spouses mutually agree to the divorce, the court will accept that irreconcilable differences exist without requiring further evidence.

#### 3. Separation Requirements

While Illinois does not require couples to undergo legal separation before filing for divorce, they must live “separate and apart” for a minimum of six months before the divorce can be finalized by the court. Importantly, this does not necessarily mean that the spouses must live in separate residences; the court may recognize a situation where spouses reside in the same home but lead distinctly separate lives as sufficient to meet this requirement.

### Timing of Divorce in Illinois

The time frame for finalizing a divorce in Illinois can vary significantly based on whether the divorce is contested or uncontested. Below are detailed descriptions of the timelines for each type of divorce.

#### 1. Uncontested Divorce Timeline

An uncontested divorce occurs when both spouses agree on all major aspects of the divorce, including property division, child custody, and spousal support. This streamlined process can lead to a quicker resolution, typically allowing the divorce to be finalized within four to eight weeks, contingent primarily on how quickly the necessary paperwork is completed and court hearings are scheduled. Since there are no disputes to resolve, the court process can be efficient and straightforward.

#### 2. Contested Divorce Timeline

Conversely, a contested divorce arises when spouses cannot reach an agreement on one or more critical issues, which can significantly prolong the process. This situation frequently involves several steps that contribute to an extended timeline, such as: – Filing motions to resolve disputes – Attending multiple court appearances – Engaging in discovery, which is the legal process of exchanging relevant information – Participating in mediation or settlement conferences – Potentially proceeding to trial if disputes remain unresolved On average, contested divorces in Illinois can take anywhere from six months to two years or longer, especially in cases that are complex or involve high conflict between the parties.

#### 3. Factors That Can Delay a Divorce

Even if both parties initially hope for a swift resolution, multiple factors can contribute to delays in the divorce process. Here are some common reasons that may extend the timeline:

- Disputes regarding child custody or visitation arrangements
- Disagreements about the distribution of marital assets
- One spouse concealing assets or providing incomplete financial disclosures
- Refusal of one spouse to respond to legal paperwork or cooperate in the process
- Scheduling conflicts with court dates or the availability of legal representation

Engaging with an experienced divorce attorney can help minimize these delays by keeping the process on track and ensuring that all legal requirements are met in a timely manner.

### Key Steps in the Illinois Divorce Process

Understanding the procedural steps involved in obtaining a divorce in Illinois can empower you to prepare adequately for what lies ahead. Here’s a detailed breakdown of the key steps involved:

#### 1. Filing the Divorce Petition

The divorce process starts when one spouse files a “Petition for Dissolution of Marriage” with the appropriate county court. This legal document formally requests a divorce and outlines initial claims related to the division of property, child custody, visitation, and financial support.

#### 2. Serving the Divorce Papers

Following the filing, the petition must be served to the other spouse. This serves as official notice that divorce proceedings have commenced. Service is typically carried out by a sheriff or a professional process server, ensuring that the other party is duly informed.

#### 3. Response from the Other Spouse

The spouse who receives the divorce papers has a legal window of 30 days to respond. If they agree to the proposed terms of the divorce, the process can continue as uncontested. Conversely, if there are any disputes regarding the terms, the case will move into negotiations or court hearings to address those contested issues.

#### 4. Mediation and Settlement Negotiations

To facilitate a more amicable resolution, Illinois courts frequently encourage mediation. This process involves both spouses meeting with a neutral third-party mediator who assists them in resolving disputes related to child custody, property distribution, and support obligations outside of court. Mediation often results in quicker resolutions and can help preserve a working relationship between the parties.

#### 5. Court Hearings and Finalization

If mediation efforts do not yield an agreement, the case may escalate to a trial. During the trial, a judge will examine the evidence and arguments presented by both parties and will make final decisions on all contested issues. Once all matters have been resolved, the court will issue a “Judgment for Dissolution of Marriage,” which officially ends the marriage and outlines the terms of the divorce settlement.

## Discuss Your Case with Our Chicago Divorce Attorneys

Once you know you are eligible for a divorce under Illinois law, it is essential to speak with a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) about your options for moving forward with your divorce.

Divorce in Illinois follows a well-defined legal process with specific eligibility requirements and timelines. While uncontested divorces can often be resolved relatively quickly, contested cases may take many months or even years to finalize. Understanding the residency requirements, separation guidelines, and various procedural steps involved in the divorce process is pivotal for anyone contemplating divorce. If you are considering this significant life change, consulting with a knowledgeable attorney can ensure that your rights are protected and that you secure a fair resolution throughout the process.

Depending upon your specific circumstances, you may be eligible for a joint simplified divorce or an uncontested divorce. An advocate at our firm can discuss your options with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the family law services we provide to individuals and families in Chicago.

(Updated 4/18/2025)

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**Categories:** Divorce Lawyer

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### [Benefits and Limitations of Divorce Mediation in Chicago](https://familylawadvocate.com/benefits-and-limitations-of-divorce-mediation-in-chicago/)

**Published:** February 10, 2020
**Author:** familylawadvocate

**Content:**

**By: Gordon & Perlut, LLC**

When you are thinking about filing for divorce in the [Chicago](https://www.chicago.gov/city/en.html) region, the prospect of going to court and having details of your private marital life out in the open can feel daunting. While an experienced Chicago area divorce attorney can represent you zealously in the courtroom and can advocate for your rights, you may still be wondering whether there are alternative options available. One possible solution is [divorce mediation](about:blank).

Mediation can be a great option if both sides are willing to negotiate with one another and potentially reach a solution without initially involving the court. There are also several other benefits to mediation. However, mediation is usually not the best option for parties expecting an extremely contentious divorce or in divorce situations involving domestic violence.

## What is Divorce Mediation?

In Illinois and the Chicago region, divorce mediation is governed by our state’s version of the [Uniform Mediation Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489) (710 ILCS 35/). According to the Illinois statute, it is defined as “a process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.” Communication does not necessarily have to mean verbal communication with your spouse. To be sure, mediation communication can mean “a state, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.”

A mediator is the person who conducts the mediation, and it is always a neutral third party. Each party in the mediation can and should have his/her own divorce attorney with them during the process. If the parties involved in the mediation are unable to reach an agreement, then the divorce can proceed in the courtroom. We want to tell you more about some of the pros and cons, or benefits and limitations, of divorce mediation.

### Benefits of Divorce Mediation in Chicago

There are many benefits to divorce mediation, including, but not limited to the following:

- Costs usually are much lower than the costs associated with a contested divorce, which involves courtroom hearings
- Communicating and negotiating with the help of a neutral third party can allow the spouses to have a better working relationship and more respect for one another at the end of the divorce process
- Mediation typically allows for a quicker process than a contested divorce, which necessitates setting dates for hearings and courtroom appearances
- Private matters from the marriage can largely be kept private

### Limitations of Divorce Mediation in the Chicago Area

While mediation can be extremely helpful for some couples, there also are limitations to mediation. The following are some cons associated with mediation for a Chicago area divorce:

- Communication can be retraumatizing for spouses involved in marriages with a history of domestic violence
- Mediation can feel like a waste of time if the parties are unwilling to communicate or negotiate
- Locating hidden marital assets can be much more complicated

## Frequently Asked Questions About Divorce Mediation In Illinois

### What Is Divorce Mediation?

Divorce mediation is a voluntary process designed to facilitate communication and negotiation between spouses who are seeking to end their marriage. A neutral third party, known as a mediator, guides both individuals through discussions to help them address and resolve key issues related to their divorce.

These issues often include the division of marital property, child custody arrangements, visitation schedules, and child and spousal support agreements. The goal of mediation is to reach a mutually beneficial agreement that meets the needs of both parties while reducing the adversarial nature of divorce proceedings.

### Is Mediation Required in Illinois?

In the state of Illinois, courts frequently mandate mediation for disputes specifically related to child custody and parenting before any trial commences. This requirement is intended to encourage parents to work together to create a parenting plan that serves the best interests of their children. However, mediation concerning financial matters, such as property division and support, is generally not a requirement; instead, it remains a voluntary option that couples can choose to pursue if they wish to negotiate a settlement amicably.

### How Long Does Divorce Mediation Take?

The duration of the mediation process can vary significantly depending on several factors. The complexity of the issues being negotiated, the willingness of both parties to engage openly in discussions, and the level of conflict between them all play crucial roles in determining the timeline. Some cases may be resolved in just a few mediation sessions, possibly taking only a few weeks, while more complicated situations could stretch over several months, requiring multiple meetings to fully address and resolve all outstanding matters.

What Are the Benefits of Mediation?

- **Cost-effective** – Mediation tends to be less expensive than traditional litigation, as it often requires fewer hours of professional involvement. –
- Confidential – Unlike court proceedings, which are public, discussions conducted during mediation are private, allowing both parties to speak freely without the concern of public scrutiny.
- Less stressful – The collaborative nature of mediation helps to reduce the emotional stress often associated with court battles, fostering a more amicable environment for negotiation.
- Faster resolution – Mediation can lead to quicker outcomes compared to the lengthy timelines typically associated with court processes, allowing couples to move forward with their lives sooner.

### Do I Need a Lawyer for Mediation?

While it’s not mandatory to have legal representation during mediation, it is highly advisable for individuals to consult with an attorney prior to finalizing any agreements. An attorney can provide valuable guidance on legal rights, help ensure that the proposed agreement complies with relevant laws, and protect their client’s interests throughout the process. This is especially important when dealing with complex legal and financial matters that may arise during mediation.

### Is a Mediated Agreement Legally Binding?

Once both parties reach a consensus and create a mediated agreement, the mediator drafts this agreement into a formal document. This document is then submitted to the court for approval. After the court reviews and approves the agreement, it becomes legally binding. This means that both parties are obligated to adhere to the terms outlined in the agreement, and failure to do so could result in legal consequences.

### What Happens If Mediation Fails?

If mediation does not lead to a mutual agreement, the parties retain the right to take their case to court. In this scenario, a judge will intervene and make the final decisions regarding any unresolved issues. This judicial determination can include rulings on child custody, property division, and support obligations, often leading to a more contentious and adversarial experience than what might have been achieved through mediation. Ultimately, mediation offers an opportunity for couples to resolve their differences amicably, but if that fails, the court can step in to provide a resolution.

## Contact Our Divorce Mediation Attorneys in Chicago

Do you have questions about going through divorce mediation? An experienced [divorce mediation attorney in Chicago](https://familylawadvocate.com/family-law/mediation/) can speak with you today about the mediation process and whether it is appropriate for your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with divorce mediation and other divorce matters in Illinois.

(Updated 4/18/2025)

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**Categories:** Mediation

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### [Common Misconceptions About Divorce](https://familylawadvocate.com/common-misconceptions-about-divorce/)

**Published:** February 21, 2020
**Author:** familylawadvocate

**Content:**

**By: Gordon & Perlut, LLC**

Divorce in Chicago and the Chicago area is difficult for all parties, from the spouses themselves to children from the marriage. Yet the prospect of divorce can often be more anxiety-inducing than it needs to be as a result of common misconceptions or myths about the divorce process in Chicago and the surrounding counties. We want to dispel some of those misconceptions and myths for you today.

## Myth 1: Chicago area Divorce Courts Will Consider Whether One Spouse Was at Fault for the Divorce

Illinois used to have fault-based grounds for divorce. Now, Illinois is a “no-fault” state for divorce purposes. Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) (IMDMA), the parties only need to show “irreconcilable differences have caused the irretrievable breakdown of the marriage” such that “the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.” There is an irrebuttable presumption these requirements are fulfilled when a married couple lives separate and apart for a continuous period of at least six (6) months.

## Myth 2: Chicago area Courts Divide Marital Property in a 50/50 Split

Under the IMDMA, courts divide marital property based on a theory known as “equitable distribution”. With equitable distribution, the court aims to divide property in a way that it considers to be fair to both spouses. While there are many cases in which equitable distribution results in a 50/50 split, that is not always the case. Equitable does not mean equal. To divide property equitably, courts look at many different factors, including: the length of the marriage, the health of the parties, the standard of living established during the marriage, and the earning power of each spouse etc..

## Myth 3: Divorce Will Ruin Your Finances

While divorce can result in a tighter budget when you transition to a single-income household, many people bounce back quickly after a divorce. This is especially true for people who still have several years of employment ahead of them to rebuild savings and retirement accounts.

## Myth 4: Only One Parent Will Get “Custody” of the Children

Illinois courts no longer award custody, but instead, allocate parental responsibilities. Under the IMDMA, courts want to make sure both parents play a significant role in raising their children. Accordingly, the court aims to ensure parents share in significant decision-making responsibilities and parenting time, as long as it is in the best interests of the child.

## Myth 5: Divorce is Always Contentious

While some divorces are heated and contentious, many are not. Many couples in the Chicago region have what is known as an uncontested divorce, in which they reach an agreement on all terms of the divorce, from property division to the allocation of parental responsibilities. Even if spouses cannot immediately reach an agreement about all issues, they can go to divorce mediation and communicate with one another with the help of a neutral third party (a mediator) until they have reached an amicable agreement.

## Divorce Trends in Illinois: Shifting Patterns and Changing Dynamics

Divorce rates in Illinois have evolved significantly over the years, revealing a complex landscape that mirrors broader societal changes regarding marriage, financial independence, and individual relationship expectations. While national divorce rates have generally shown a downward trend, Illinois presents unique patterns that redefine how couples view and approach separation. In this analysis, we will explore the latest divorce trends in the state, detailing both statistical insights and societal implications.

### Declining Divorce Rates

Illinois has witnessed a consistent decline in divorce rates over the past two decades. For instance, the number of divorces recorded in 2017 totaled 24,341, a substantial decrease from 39,524 divorces in 2000. This trend aligns closely with national figures, reflecting similar declines in many states. Several key factors contribute to this decrease, such as delayed marriage, where individuals are prioritizing education and career stability before committing to marriage. Additionally, enhanced financial planning and increased access to relationship counseling resources have enabled couples to address conflicts more constructively, reducing the likelihood of separation.

### Marriage Rates Affecting Divorce Trends

The decline in marriage rates within Illinois also plays a critical role in shaping divorce statistics. Fewer marriages naturally correlate with fewer potential divorces. In 2017, Illinois recorded 76,684 marriages, falling from 79,462 in 2014. This decline reflects a shift in societal norms and personal priorities, where many couples now choose to delay marriage until they achieve greater financial stability or personal readiness. As couples wait longer to marry, the average age at which individuals enter marriage increases, often leading to more mature and considered partnerships that may be better equipped to manage challenges.

### Gray Divorce on the Rise

Despite the overall decline in divorce rates, the phenomenon of “gray divorce” is becoming increasingly prevalent. This term refers to divorces occurring among individuals aged 50 and older. Many of these older adults find themselves reevaluating their relationships as they seek personal fulfillment and independence later in life. Contributing factors include longer life expectancy, which encourages individuals to embrace new beginnings, as well as financial security that allows for greater freedom in making life choices. Additionally, changing social norms mean that divorce is no longer stigmatized, empowering older individuals to pursue new paths.

### Financial Independence and Divorce

The rising financial independence of women in Illinois significantly impacts divorce trends. With more women pursuing higher education and entering the workforce, they are increasingly able to support themselves financially. As a result, many women no longer view divorce as a financial risk but as a viable opportunity for personal growth and fulfillment. This shift is transforming the dynamics of relationships, with couples negotiating roles and expectations more openly, thus fostering healthier partnerships.

### Impact of No-Fault Divorce Laws

Illinois operates under a no-fault divorce system, which serves to streamline the dissolution process. Couples no longer need to prove wrongdoing or assign blame to one party to obtain a divorce; the only requirement is to demonstrate irreconcilable differences. This legal framework has simplified the divorce process, reducing animosity and conflict between parties. As a result, divorcing couples can reach more amicable agreements, facilitating quicker resolutions and minimizing the emotional strain often associated with divorce.

### Custody and Child Support Trends

The Illinois court system places a strong emphasis on joint custody arrangements, reflecting a commitment to ensuring that both parents remain actively involved in their children’s lives post-divorce. Such arrangements are recognized as beneficial for children’s emotional and developmental well-being, which has led to broader societal acceptance of shared parenting. Moreover, child support laws in Illinois have evolved to consider both parents’ incomes, promoting a more equitable distribution of financial responsibilities. This change aims to enhance the well-being of children after a divorce, ensuring they receive adequate support from both parents.

### Divorce Rates Compared to Other States

Interestingly, Illinois boasts one of the lowest divorce rates in the United States, with only 1.2 divorces per 1,000 residents. This statistic is significantly lower than heavily populated states like Nevada (3.8) and Idaho (3.4). The comparatively low divorce rate in Illinois may be attributed to several factors, including a strong emphasis on family values, economic stability within the state, and accessible resources for relationship counseling. These elements create an environment where couples feel supported in navigating their relationships.

The divorce trends in Illinois illustrate broader societal shifts, revealing a landscape influenced by financial independence, evolving marriage patterns, and progressive legal frameworks. Although divorce rates are generally declining in the state, the rise of gray divorce and joint custody arrangements is a testament to changing family dynamics. Understanding these trends is essential for individuals navigating the complexities of marriage and separation, as they can provide valuable insights into contemporary relationship challenges. If you are considering divorce, consulting with a legal professional can offer clarity and tailored guidance to help you through this sensitive process.

## Contact Our Divorce Attorneys in Chicago

Divorce is often the most difficult experience in a person’s life, while also being the best decision in the long run. When you file for divorce, it is important to have an experienced Chicago divorce lawyer representing you. If you need assistance filing for divorce or with any stage of the divorce process, an advocate at our firm can begin working on your case today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 to speak with a divorce lawyer at our firm.

(4/18/2025)

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**Categories:** Divorce

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### [Child Custody and Same-Sex Adoptions](https://familylawadvocate.com/child-custody-and-same-sex-adoptions/)

**Published:** April 18, 2016
**Author:** familylawadvocate

**Content:**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you are in a same-sex marriage and you adopt a child with your spouse, are you entitled to (what was formerly known as) [child custody](https://familylawadvocate.com/divorce/child-custody/) and visitation rights in the event of divorce? And will those rights stay the same if you adopt your child while living in Chicago but later move to another state? Those were a couple of the key questions at issue in a recent U.S. Supreme Court case, [*E.L. v. V.L.*](http://www.supremecourt.gov/opinions/15pdf/15-648_d18e.pdf) Why is this case important for adoptive same-sex parents in the Chicago area? In short, if you and your spouse were to divorce and move to a state without certain parental rights for same-sex couples, this U.S. Supreme Court decision clarifies that another state must recognize your legal adoption in Illinois.

## U.S. Supreme Court Decision Clarifies Child Custody Rights in Same-Sex Marriages

Until the recent U.S. Supreme Court decision issued early in March, no federal precedent specifically made clear whether states had to permit an adoptive same-sex parent to petition for custody (or, as the revised [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) describes it, “parenting time” and “parental responsibilities”) in certain circumstances.

According to a [recent report](http://www.reuters.com/article/us-usa-court-adoption-idUSKCN0W91N5) from *Reuters*, the U.S. Supreme Court overturned a judicial ruling in Alabama that “refused to recognize a gay woman’s parental rights over three children she adopted with her lesbian partner and raised from birth.” In other words, that court attempted to deny child custody rights to an adoptive mother as a result of her sexual orientation by contending that her adoption from another state was not legal in Alabama.

The case comes as good news for same-sex couples in Illinois and across the country. Without this decision, a same-sex adoptive parent in Illinois could potentially be denied custody rights in another state that refused to recognize the adoption as legal. In *E.L. v. V.L.*, the Court did not even hear oral arguments. Instead, it determined, without oral arguments, that the Alabama court’s ruling was “particularly counter to Supreme Court precedents,” according to the article, and found in favor of the adoptive mother.

When a court in one state endorses parental rights through an adoption, whether that is in Illinois or elsewhere, another U.S. state must recognize that adoption.

### Child Custody Rights Without Adoption

What happens if you are in a same-sex marriage but only one of the spouses legally adopts a child? According to a relatively recent Illinois Supreme Court case, [*In re Parentage of Scarlett Z*](http://www.illinoiscourts.gov/opinions/supremecourt/2015/117904.pdf), parents who have not legally adopted a child may not have the right to petition for child custody. While that case did not involve same-sex parents, it did make clear that equitable adoption—an adoption accomplished through a parent behaving as if s/he is the legal parent rather than through a court order—does not make that parent eligible to petition successfully for child custody.

As such, it is important for same-sex parents in Chicago to go through legal adoption proceedings in order to ensure that they are eligible for child custody in the event of divorce.

## Frequently Asked Questions About Child Custody Rights in Same-Sex Marriages

### Do Same-Sex Parents Have Equal Custody Rights?

Yes, same-sex parents possess the same legal rights as their heterosexual counterparts when it comes to child custody. Courts prioritize the best interests of the child, viewing the capabilities and intentions of the parents rather than their gender or sexual orientation. This legal recognition supports the notion that all parents can provide stable and loving environments for their children.

### How Is Custody Determined for Same-Sex Couples?

Custody decisions for same-sex couples involve careful consideration of a variety of factors to ensure the child’s overall well-being. Key aspects that courts evaluate include:

**The child’s relationship with each parent** – Courts assess the emotional bonds between the child and each parent, considering attachment and support.

**Each parent’s ability to provide a stable home** – This includes evaluating the physical, emotional, and financial stability that each parent can offer. A secure and nurturing living environment is crucial.

**The child’s emotional and physical well-being** – Courts prioritize the health and happiness of the child, looking at their social development, educational needs, and any specific emotional considerations.

**Any prior agreements regarding custody** – If parents have previously made any legal agreements or informal arrangements regarding custody, these will be taken into account as they reflect the intentions of the parents.

### What Happens If One Parent Is a Biological Parent and the Other Is Not?

In situations where one parent is the biological parent and the other is not, custody rights hinge on the concept of legal parentage. The non-biological parent should take steps to establish their legal rights, typically through adoption or obtaining a court order. This legal recognition is essential to ensure that both parents are granted equal authority and responsibility in making decisions about the child’s upbringing.

### Can a Non-Biological Parent Lose Custody After Divorce?

Without established legal parentage, a non-biological parent may encounter significant challenges in securing custody or visitation rights during or after a divorce. Although courts examine the child’s emotional connection with the non-biological parent, legal adoption or recognition as a parent significantly strengthens their claim to custody. This underscores the importance of taking formal legal steps to affirm parental rights.

### How Does Adoption Affect Custody Rights?

Adoption plays a crucial role in solidifying parental rights. Once a non-biological parent legally adopts the child, both parents gain equal rights and responsibilities in the eyes of the law. In same-sex marriages, second-parent adoption or stepparent adoption is often pursued by non-biological parents to secure their legal status and ensure that they are legally recognized as a parent, empowering them to make critical decisions regarding the child’s welfare.

### What If a Same-Sex Couple Used a Surrogate or Donor?

In cases where a same-sex couple has utilized a surrogate or donor to conceive a child, custody rights are determined by the legal agreements established prior to conception. If both parents’ names are indicated on the birth certificate or if they have finalized an adoption, they automatically hold equal rights regarding the child. If such legal recognition has not been achieved, it may be necessary for one or both parents to pursue court proceedings to establish legal parentage, thereby ensuring their rights are protected.

### Can Custody Be Challenged Based on Sexual Orientation?

No, courts are not permitted to deny custody based on a parent’s sexual orientation. Legal decisions in custody cases must be made with the child’s best interests at the forefront, and not influenced by the sexual identity of the parents. This principle reinforces the notion that all loving parents, irrespective of sexual orientation, can provide a nurturing environment for their children and deserve equal consideration under the law.

## Contact Our Chicago Child Custody Lawyers

If you have questions or concerns about child custody, parenting time, or parenting responsibilities in our state, do not hesitate to get in touch with an experienced Chicago child custody lawyer. A dedicated advocate at our firm can help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250.

(Updated 4/18/2025)

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**Categories:** Same-Sex Marriage and Adoption

---

### [What Are The Benefits Of No-Fault Divorce In Illinois?](https://familylawadvocate.com/what-are-the-benefits-of-no-fault-divorce-in-illinois/)

**Published:** February 1, 2024
**Author:** familylawadvocate

**Content:**

In Illinois, the concept of no-fault divorce has significantly altered the landscape of marital dissolution. Before its implementation, parties seeking divorce were required to prove fault, such as adultery or cruelty. The introduction of no-fault divorce, codified in the [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086), has brought about a more compassionate and straightforward process. The key benefits of a non-fault divorce include:

## Simplified Legal Process

One of the primary benefits of no-fault divorce in Illinois is simplifying the divorce process. Under the no-fault system, couples can file for divorce without proving wrongdoing by either party. According to [Illinois law (750 ILCS 5/401)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm#:~:text=Irreconcilable%20differences%20have%20caused%20the,best%20interests%20of%20the%20family.), irreconcilable differences are sufficient grounds for divorce, eliminating the necessity for evidence of fault. This simplification reduces the emotional and financial burden on both parties, as lengthy court battles over fault are avoided.

### Reduced Emotional Stress 

The no-fault divorce process in Illinois helps in reducing the emotional stress associated with divorce. Couples are less likely to engage in blame games and contentious legal disputes when fault is not a factor. This environment fosters a more amicable resolution, which is particularly beneficial when children are involved. By focusing on irreconcilable differences, the process encourages a forward-looking approach, centering on the family’s future well-being rather than dwelling on past grievances.

### Privacy and Dignity

No-fault divorce also offers greater privacy and dignity. In fault-based divorces, parties often had to air private grievances in a public courtroom, leading to embarrassment and public scrutiny. No-fault divorce allows couples to maintain a level of privacy regarding the reasons for their marital breakdown, as they are not required to disclose specific personal issues publicly.

### Equitable Distribution of Assets

Under [Illinois law (750 ILCS 5/503)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), the distribution of marital assets in a no-fault divorce is guided by the principle of “equitable” distribution. Equitable distribution does not necessarily mean equal but rather what is fair and just. The focus on fairness, rather than fault, ensures that financial decisions are made based on the needs and circumstances of each party rather than as a penalty for alleged marital misconduct.

### Efficient Resolution

No-fault divorces typically resolve more quickly than fault-based divorces. Eliminating the need to prove fault streamlines the process, allowing couples to move forward with their lives more rapidly. This efficiency benefits not only the individuals involved but also the legal system, as it reduces the burden on courts and legal resources.

## The Critical Role of an Attorney in a No-Fault Divorce in Illinois

While no-fault divorce in Illinois simplifies the process of marital dissolution, the role of an attorney remains pivotal. This article explores the myriad benefits of engaging a legal professional during a no-fault divorce, highlighting how they can facilitate a smoother, more equitable, and legally sound process.

An attorney’s experience in the nuances of Illinois divorce law (as outlined in the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/) is invaluable. They guide clients through complex legal procedures, ensuring compliance with all legal formalities. An attorney can help accurately fill out and file paperwork, understand court protocols, and meet crucial deadlines.

In Illinois, the principle of equitable distribution (750 ILCS 5/503) governs the division of assets. An attorney can play a crucial role in ensuring a fair division. They have the expertise to accurately value assets, negotiate settlements, and understand the long-term financial implications of divorce agreements.

When children are involved, an attorney’s role becomes even more significant. They help negotiate child custody and support agreements that are in the child’s best interests, as per Illinois law. An attorney can also assist in modifying these agreements post-divorce if circumstances change.

If a no-fault divorce case goes to court, or if there are negotiations with the other party, having an attorney ensures that the client’s rights and interests are effectively represented. An attorney can advocate for fair terms in the divorce agreement and ensure the client’s voice is heard in legal proceedings.

Engaging an attorney in a [no-fault divorce in Illinois](https://familylawadvocate.com/divorce/fault-no-fault/) is a decision that offers long-term benefits. From providing expert legal guidance and objective advice to ensuring fair asset division and effective court representation, an attorney plays a vital role in navigating the complexities of divorce. While no-fault divorces may seem straightforward, the legal intricacies warrant professional guidance to protect one’s interests and rights.

## Call Our Chicago Divorce Attorneys to Protect Your Interests!

If you or a loved one is going through a no-fault divorce and needs guidance to protect your legal rights, it’s essential to know the necessary steps. The experienced legal team at Gordon & Perlut, LLC is here to offer the experience required to navigate your divorce case. Contact our Chicago divorce attorneys at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your [no-fault divorce consultation](https://familylawadvocate.com/contact-us/).

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### [How Can a Paternity Test Protect a Father’s Rights?](https://familylawadvocate.com/how-can-a-paternity-test-protect-a-fathers-rights/)

**Published:** February 26, 2021
**Author:** familylawadvocate

**Content:**

**How Can a Paternity Test Protect a Father’s Rights?**

**By: Gordon & Perlut, LLC**

A paternity test may be essential to protect the [father’s rights](https://familylawadvocate.com/fathers-rights/) when parents of minor children who are dating and are going through a breakup, or when a person learns he is the father of a child but no longer has a relationship with the child’s mother. In situations where a father’s legal parenthood or parentage is not in question, a paternity test might be superfluous, but there are many scenarios in which the father can protect his rights as a parent by requesting a paternity test.

In short, in any child custody situation in which the father is only the alleged father (as the law defines it) and not the acknowledged or adjudicated father, it is time to speak with a Chicago area child custody attorney about arranging for a paternity test.

We want to provide you with more information about how a paternity test can protect a [father’s rights in Illinois](https://familylawadvocate.com/fathers-rights/).

## **Paternity Test Can Show a Father Has Rights to Parental Responsibilities**

In many family situations involving minor children, the alleged father may not have proof that he is the biological father of the children. The [Illinois Parentage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59) defines an alleged father as “a man who alleges himself to be, or is alleged to be, the biological father or a possible biological father of a child, but whose paternity has not been established.” An alleged father is a term that is distinct from a “presumed” or “acknowledged” father, since the latter designations afford a father the ability to seek parental responsibilities according to Illinois law.

If you are only the alleged father of the child, you will not be eligible for child custody. What does this mean in practical terms? Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parents can share parental responsibilities, which include significant decision-making responsibilities for the child and parenting time.

However, in order for the father to be eligible for parental responsibilities, he will need to be able to show that he has the right to parental responsibilities as one of the parents of the child. When paternity is in question, or when the father is only the alleged father of the child, he will need to prove paternity before he can exercise his rights to have parental responsibilities.

### Genetic Testing Can Give a Father the Right to Parental Responsibilities Under Illinois Law

In most situations where an alleged father wants parental rights and wants to have parental responsibilities, he will need to file a petition to establish parentage (or paternity). In order to establish paternity, the court will likely order genetic testing. According to the Illinois Parentage Act, if the genetic testing shows that “there is at least a 99.9 percent probability of paternity,” then the alleged father is presumed to be the father and can ask the court to allocate parental responsibilities to him.

When there is a child custody dispute and the parents cannot reach an agreement about how to allocate parental responsibilities themselves through a parenting plan, the court will allocate parental responsibilities in an allocation judgment, relying on the “best interests of the child” standard. It is Illinois’ public policy that both parents—including the mother and the presumed father—will share parental responsibilities so that the child can have a relationship with both parents unless there is a clear reason to limit parental responsibilities.

## Frequently Asked Questions About Father’s Rights Paternity Testing In Illinois

### Why Is Establishing Paternity Important?

Establishing paternity is a crucial legal process that acknowledges a father’s relationship with his child. This legal recognition is not just important for the emotional bond between a father and child; it carries significant legal implications as well. When paternity is established, it grants the father essential rights, including the ability to seek custody and visitation. It also gives him decision-making authority concerning the child’s upbringing, education, and healthcare.

On the financial side, establishing paternity ensures that the father has a legal obligation to provide child support, helping to secure the child’s financial well-being. Moreover, the child benefits greatly from this acknowledgment; legal paternity allows access to various benefits such as health insurance coverage through the father’s policy, potential inheritance rights, and eligibility for Social Security benefits in case of the father’s disability or death.

### How Can Paternity Be Established in Illinois?

In Illinois, there are three primary ways to establish paternity:

**1. Voluntary Acknowledgment of Paternity (VAP)** – This is a simple and straightforward method where both parents voluntarily sign and file a legal document, known as the VAP form, which confirms the father’s paternity. This document is typically completed at the hospital after the child’s birth or later at a designated state agency.

**2. Administrative Paternity Order** – This method is facilitated by the Illinois Department of Healthcare and Family Services (HFS) via its child support services. If there is a dispute regarding paternity, HFS can issue an order that establishes paternity without requiring a court appearance.

**3. Court-Ordered Paternity** – In situations where paternity is contested or unclear, a father can seek a court’s intervention. A judge will evaluate the circumstances surrounding the case, and if necessary, order DNA testing to confirm biological parentage. This process is often more lengthy and complex but may be essential for securing a legal determination of paternity.

### Can a Father Request a Paternity Test?

Absolutely, a father has the right to request a paternity test if there are doubts regarding his biological relationship with the child. If the mother is unwilling to undergo testing voluntarily, he can file a petition with the court requesting a DNA test. The court will review the request and may order the test to establish legal paternity conclusively. This is especially important for fathers who want to secure their rights and responsibilities concerning their children.

### What Happens If the Mother Is Married to Someone Else?

In cases where the mother is married at the time of conception or birth, her husband is legally presumed to be the father of the child. This legal presumption can complicate matters for the biological father. To establish paternity with the biological father, the mother and her husband must take specific legal actions. They need to complete a form called the Denial of Paternity, which acknowledges that her husband is not the biological father. Subsequently, the biological father must sign a Voluntary Acknowledgment of Paternity, which requires filing the appropriate documents with the relevant authorities.

### Can a Father Gain Custody or Visitation Rights Without Establishing Paternity?

No, a father cannot pursue custody or visitation rights unless he has established legal paternity first. Without this legal recognition, he has no standing in court to request parenting time or make decisions on behalf of the child. Once paternity is legally confirmed, the father may apply to the court for parenting time, which includes visitation rights, and for decision-making responsibilities regarding the child’s welfare, education, and healthcare.

### How Much Does a Paternity Test Cost in Illinois?

The cost of a DNA paternity test in Illinois varies, typically ranging from $300 to $500. Prices may depend on the testing facility and the complexity of the test. If a court orders the test, the expenses might be divided between both parents, or the individual requesting the test may cover the costs. It’s advisable for individuals to check with local providers for the most accurate pricing information.

### Can Paternity Be Challenged After It Has Been Established?

Yes, established paternity can be challenged in court under specific conditions. Common grounds for challenge include situations involving fraud, where one party misled the other regarding paternity; duress, where one party felt pressured to sign the acknowledgment; or material mistake of fact, such as new evidence emerging that questions the established paternity.

However, it is essential to note that challenges must typically be filed within a designated timeframe, usually within two years of signing a Voluntary Acknowledgment of Paternity, to be considered valid by the court. This time limit serves to ensure stability and predictability for both parents and the child involved.

## Contact Our Chicago Fathers’ Rights Lawyer

If you have questions about child custody and paternity, one of our Chicago fathers’ rights lawyers can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for assistance. We understand how important your children are to you. That’s why M. Scott Gordon & Associates ensures that the love you have for your children is respected throughout the legal process.

(Updated 4/17/2-25)

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**Tags:** paternity

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### [Are There Law Firms That Have Child Custody Lawyers for Fathers?](https://familylawadvocate.com/are-there-law-firms-that-have-child-custody-lawyers-for-fathers/)

**Published:** May 17, 2022
**Author:** familylawadvocate

**Content:**

**Are There Law Firms That Have Child Custody Lawyers for Fathers?**

**By: Gordon & Perlut, LLC**

Fathers play a very important role in raising children and have just as much right as mothers to be a part of their lives. Unfortunately, problems in establishing paternity and child custody disputes often stand in the way.

Are you in this position and wondering if there are law firms that have [child custody lawyers for fathers](https://familylawadvocate.com/fathers-rights/)? At Gordon & Perlut, LLC, our Illinois child custody lawyers regularly represent clients in these cases. You can count on us to protect your rights and your relationship with your child.

## The Importance of Establishing Paternity

Paternity refers to legally establishing yourself as your child’s father. If you are married to the mother, paternity is automatically presumed. If not, it is the first step in being included in any child custody arrangements. The [Illinois Department of Health Care and Family Services (HFS)](https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx) advises that there are three general ways to establish paternity:

- Being listed as the child’s father on the birth certificate when they are born
- By signing a Voluntary Acknowledgement of Paternity (VAP), which is then filed with HFS
- Having an Order of Paternity issued in court, which requires DNA testing (unless both parents agree)

As experienced child custody lawyers for fathers, we can review your case and advise you on the best course of action. Even if you and your child’s mother are on good terms and have an informal child custody or visitation agreement in place, it is vitally important to establish paternity.

In addition to protecting your rights as a father, establishing paternity protects your child. It designates them as your legal heir and makes them eligible for Social Security, Veterans, and health care benefits.

### Including Fathers in Parenting Plans

In prior generations, courts were more inclined to favor mothers over fathers in custody proceedings. This is no longer the case. Today, the court recognizes the important role fathers play in their children’s lives. Under the [Illinois divorce statutes](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), parenting plans allocate parental responsibility, allowing both parties to play an active and engaged role in the child’s life.

If you were married to and divorcing the mother of your child, child custody arrangements will be dealt with as part of these proceedings. If you are unmarried and have established paternity, our child custody lawyers for fathers can guide you in requesting a detailed custody order and parenting plan, now known as an Allocation of Parental Responsibilities. Important issues addressed include:

- The amount of time the child spends in each parent’s home during the week
- The right to mid-week visits and overnight stays on the weekends
- Extended visits during school breaks, vacations, and holidays
- The right to attend academic, sports, or recreational events involving your child
- Legal custody is the right to make important decisions impacting your children, such as regarding their education, religious upbringing, and medical car

## Contact Our Illinois Child Custody Lawyers For Fathers Today

At Gordon & Perlut, LLC., our experienced [Illinois child custody lawyers](https://familylawadvocate.com/divorce/child-custody/) will fight to protect your rights as a father and your relationship with your child. To find out how we can help in your unique case, call 312-360-0250 and request a free, confidential consultation today.

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**Categories:** Child Custody, Divorce Attorney

**Tags:** Child Custody

---

### [Why Divorce Isn't Always a Bad Thing for Children](https://familylawadvocate.com/why-divorce-isnt-always-a-bad-thing-for-children/)

**Published:** September 17, 2021
**Author:** familylawadvocate

**Content:**

**Why Divorce Isn’t Always a Bad Thing for Children**

**By: Gordon & Perlut, LLC**

Getting a divorce in Illinois is difficult, but particularly so [when there are children involved](https://www.sciencedaily.com/releases/2013/03/130328080225.htm#:~:text=Marital%20conflict%20is%20a%20significant,children's%20development%20of%20cognitive%20ability.). As a parent, you worry about the impact it will have on them. Fortunately, divorce isn’t always a bad thing for children. Our experienced [divorce lawyers in Chicago](https://familylawadvocate.com/divorce/) have seen firsthand how resilient they are in this situation and how ending a marriage can sometimes be better in the long run.

## The Impact Of Marital Problems On Children

There are numerous reasons why marriages fail. Your relationship may have grown cold and distant over the years, you may have uncovered major differences in attitudes towards money or lifestyles, or there may be constant fighting between the two of you, as well as affairs or other types of marital misconduct. While getting a divorce in Illinois is painful, particularly for any children from your relationship, remaining together for their sake could have even greater negative impacts on them.

Some studies have shown that the conflict between parents is a major source of stress for children and can affect them both physically and cognitively. Common behaviors that are likely to be present in children of parents who are hostile to each other include:

- Increasing hostility to one or both parents
- Decline in academic performance at school
- Reluctance to engage in hobbies and extracurricular activities
- Acting out aggressively and getting into trouble with the law
- Experimenting with dangerous behaviors, such as alcohol, drugs, or sex
- Pulling away from friends and increased isolation, and depression

### How To Help Children Through A Divorce In Illinois

Behaviors your children exhibited in response to marital stress are not likely to automatically disappear once you decide to get a divorce. Children may still have difficulty adjusting to changes in their home, their schedules, and the overall family dynamic. Ways you can help them through the process include:

- **Being open and honest with them:** Do not attempt to hide your problems from your children or the fact that you are getting a divorce, when the time is right. Better to be open and honest, explaining to them what is going on and what impacts they can expect. If possible, it is best if both parents (together) can sit down with their children and explain the situation, without blame.
- **Avoid using them to vent:** While you will want to acknowledge the fact that you are sad or angry over the situation, avoid using them to vent personal feelings about the situation or your spouse.
- **Consider their needs in creating parenting plans:** Under the [Illinois divorce Statutes (750 ILCS 5/602.5),](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) parenting plans can allow each party to remain active and involved in the child’s life. Consider your child’s needs in creating these plans, put aside your personal feelings towards your former partner, and respect the role they play in your child’s life.

## Reach Out To Our Divorce Lawyer In Chicago Today

As a parent, one of your primary concerns in getting a divorce is ensuring your children are protected. At Gordon & Perlut, LLC., you can count on our Chicago divorce lawyer to provide the trusted legal guidance you need. Reach out and call or [contact our office](https://familylawadvocate.com/contact-us/) and request a free initial consultation today.

(4/17/2025)

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**Tags:** Divorce

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### [5 Things to Know About Planning for Retirement After Divorce](https://familylawadvocate.com/5-things-to-know-about-planning-for-retirement-after-divorce/)

**Published:** December 9, 2020
**Author:** familylawadvocate

**Content:**

**5 Things to Know About Planning for Retirement After Divorce**

**By: Gordon & Perlut, LLC**

[Planning for retirement after a divorce](https://familylawadvocate.com/divorce/) can be incredibly complicated, particularly if you are approaching the age of retirement. For most married couples, divorce will result in short-term financial difficulties, but most parties are able to recover over time.

Financial recovery can be more difficult for parties who are ready to retire or for those parties who retired recently. Those retirement benefits you are counting on might not actually be fully available to you if they are [divided in your divorce](https://familylawadvocate.com/how-will-our-antiques-collection-be-divided-in-divorce/). An [article in *U.S. News & World Report*](https://money.usnews.com/money/retirement/baby-boomers/articles/how-to-retool-your-retirement-plan-after-divorce) discusses some ways divorcing spouses can “retool” their retirement plans after a divorce. We want to provide you with some of that information. The following are five (5) things to know about planning for retirement after your divorce.

## 1. Determine Whether Your Retirement Benefits Are Likely to Be Divided in Your Divorce

Before you begin reassessing your post-divorce retirement planning, you will want to know whether the court is likely to classify retirement assets as marital assets (or separate assets), and thus whether those assets will be divisible in your divorce case. If retirement benefits were earned prior to the date of your marriage or have been excluded through a prenuptial agreement, your post-divorce retirement planning might not need to look so different or may look quite different (depending on your situation).

## 2. Work with a Lawyer on a Qualified Domestic Relations Order

If retirement benefits are divided in your divorce case, whether you are anticipating you will need to have some of your benefits distributed to your spouse or you will receive assets from your spouse’s retirement accounts, you need to be certain you work with a lawyer on a Qualified Domestic Relations Order (QDRO) in most circumstances to avoid penalties associated with early withdrawals.

## 3. Learn About Spousal Social Security Benefits

You may be eligible to receive retirement benefits based on your spouse’s Social Security if you were married for a long enough period. If you were married for more than 10 years and you are unmarried when you reach retirement age, you can be eligible for those Social Security benefits through your ex-spouse.

## 4. Create a New Budget in Order to Save Money

Create a budget as soon as possible so you can begin saving money for retirement even before your divorce is finalized. You may need to adjust to living on less money than you were living on during your marriage.

## 5. Add to Your Savings Account While You Are Waiting for Your Divorce to Be Finalized

If you can, add to your savings as soon as possible once you have separated from your spouse. Every little bit helps.

## Contact Our Chicago Divorce Lawyers in Chicago

The process of planning for retirement after divorce can be frustrating and complex, and you may need to live more frugally for a certain amount of time until you are able to rebuild your retirement accounts accordingly. In the meantime, an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) at our firm can help you understand the ways divorce can affect retirement planning, and we can look at your specific circumstances to help you plan ahead. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to get started.

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**Categories:** Retirement Planning

**Tags:** Retirement Planning

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### [Women Are More Likely Than Men to File for Divorce, Study Says](https://familylawadvocate.com/women-are-more-likely-than-men-to-file-for-divorce-study-says/)

**Published:** December 27, 2017
**Author:** familylawadvocate

**Content:**

**Women Are More Likely Than Men to File for Divorce, Study Says**

By: M. Scott Gordon

Does gender play a role in assessing an individual’s likelihood of filing for divorce in Chicago? In a recent study, researchers sought to determine whether men or women are more likely to [file for divorce](https://familylawadvocate.com/divorce/). What did the researchers determine? The study reported that women may be more likely than men to file for divorce, according to a [report](http://www.dailymail.co.uk/sciencetech/article-5044233/Women-twice-likely-men-file-divorce.html) in the *Daily Mail*. The study was conducted with data obtained by the [Early Years of Marriage](http://projects.isr.umich.edu/eym/index.html) (EYM) Project at the University of Michigan’s Survey Research Center, a project that began back in the 1980s.

While the EYM primarily gathers data from individuals within the Detroit metropolitan area, it now has data from hundreds of participants that can help researchers to answer questions about marriage and divorce in the Chicago area, as well as across the country.

## In Heterosexual Marriages, Men Experience Tension but Women Take Action

While the gender stereotype in most heterosexual relationships is that men are action-oriented while women are not, the study suggests that women are more likely than men to take action when a marriage is not working. In other words, the fact that women are more likely to file for divorce does not mean that men are not experiencing tension and dissatisfaction in a marriage. Rather, both spouses can experience the anxiety and unhappiness of a dysfunctional marriage, but women are more likely to take the next step of actually filing to dissolve the union.

How did the researchers come to this conclusion? The study followed 355 couples over about 16 years, beginning with the first months of their marriages. Here is the outcome they reached: “When it comes to marriage, men are more likely to experience tension that builds over time, starting out low and increasing with the years… but women are more likely to pull the plug.”

To be clear, the researchers determined that men in heterosexual marriages might actually sense more conflict in the relationship, but still are less likely to take the first step to end the marriage legally. To be sure, women are “twice as likely to file for divorce” as men, the researchers concluded.

### Shifting Levels of Marital Tension Among Couples Over Time

In the study, the couples were interviewed multiple times during their marriages, beginning somewhere within the first four to nine months of the marriage. They were then interviewed again during the second, third, and fourth years of their marriages, followed by subsequent interviews during the seventh and sixteenth years of marriage.

The data showed that “women were more likely to start out with higher levels of tension, while tension among husbands appeared to grow with time.” According to Kira Birditt, one of the authors of the study, the data suggested that divorce could be imminent based on shifting levels of tension among the couple.

For instance—and in particular—when men reported a low level of tension in the marriage yet women reported a higher level, that disconnect often indicated that the woman may be considering filing for divorce. Of all the couples involved in the study, approximately 40 percent were divorced within sixteen years after their marriages began.

## Divorce Trends Among American Women

Divorce rates among American women have undergone substantial changes over the years, reflecting deeper societal transformations in gender roles, financial autonomy, and the expectations surrounding relationships. Despite an overall decline in divorce rates, a significant majority of divorces are still initiated by women, indicating a profound shift in their priorities and the pursuit of personal fulfillment.

### Women Initiate Most Divorces

A striking aspect of contemporary divorce statistics is that [women initiate nearly 69% of divorces in the United States](https://divorce.com/blog/who-initiates-divorce-more/). This compelling figure suggests that women are increasingly aware of when their marriages no longer satisfy their emotional or financial needs, prompting them to take decisive action to end unfulfilling unions. Various factors contribute to this trend, including heightened financial independence, evolving societal norms, and an intensified focus on personal happiness and self-actualization.

### Financial Independence and Divorce

For many years, financial dependence trapped women in unsatisfactory marriages. However, today’s women enjoy unprecedented levels of financial independence. This newfound autonomy grants them the confidence and means to leave relationships that do not contribute positively to their lives. Women with solid careers and financial security are more likely to pursue divorce when their marriages feel stagnant or frustrating, reflecting a growing desire for personal fulfillment and equality in their partnerships.

### Divorce Rates by Age

Divorce rates also vary dramatically by age group, with women in their late 40s and 50s experiencing a notable uptick in separation. This phenomenon, often referred to as “[gray divorce](https://www.verywellmind.com/gray-divorce-8646068),” highlights an increasing number of women at this stage of life who reassess their relationships and their life goals. Many in this demographic are seeking independence, personal growth, and opportunities for new experiences rather than remaining tethered to marriages that no longer resonate with their aspirations or identities.

### Common Reasons for Divorce

When contemplating the end of their marriages, women often cite several significant reasons, including:

**Lack of commitment** – (73%)A pervasive feeling that emotional investment is waning.

**Constant arguing** – (55%) Ongoing conflict that drains emotional energy.

**Infidelity** – Breaches of trust that irreparably damage the relationship.

**Financial disagreements** –  Disputes over money that create ongoing tension.

**Emotional neglect** –  A sense of being overlooked or unappreciated by their partner.

These reasons underscore the crucial importance of emotional connection, communication, and mutual respect in fostering enduring relationships.

### Impact of Divorce on Women

While navigating the complexities of divorce can be liberating, it is not without its challenges. Women often encounter significant financial adjustments, face societal stigma, and endure emotional stress as they transition to single life. Nonetheless, many women emerge from divorce feeling a renewed sense of happiness and fulfillment, particularly when they reclaim control over their lives and embark on new opportunities for personal growth and exploration.

### Declining Remarriage Rates

Interestingly, [fewer women are opting to remarry after divorce](https://beyourownbrandofsexy.com/are-you-too-old-for-dating-success/) compared to their predecessors. In 2008, there were 25.2 remarriages per 1,000 previously married women, while by 2021, that number had dramatically decreased to 17.2 per 1,000. This decline indicates a significant cultural shift, where more women are consciously choosing to prioritize their independence over the prospect of entering into another marriage.

## Contact Our Chicago Divorce Attorneys For Legal Assistance

Dealing with tension in a marriage can be difficult, and you may have questions about filing for divorce. Our [divorce lawyers in Chicago](https://familylawadvocate.com/divorce/) can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your circumstances.

(Updated 4/17/2025)

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### [Do You Have a Financial Plan for Divorce?](https://familylawadvocate.com/do-you-have-a-financial-plan-for-divorce/)

**Published:** February 26, 2018
**Author:** familylawadvocate

**Content:**

**Do You Have a Financial Plan for Divorce?**

By: M. Scott Gordon

If you are thinking about [getting divorced in Chicago](https://familylawadvocate.com/divorce/) or the Chicago area but have not fully considered the [financial implications](https://familylawadvocate.com/divorce/property-division/), you are not alone. Is one of the reasons you have yet to develop a financial plan that you assume you are good with finances and have the skills and knowledge to handle the economic repercussions of divorce?

According to a[ recent report in ThinkAdvisor](http://www.thinkadvisor.com/2017/12/15/many-americans-lack-financial-plan-for-divorce-or), a poll from TD Ameritrade shows that a majority of Americans are “confident of their financial prowess in the face of these life events,” and thus do not plan ahead. If you are getting ready to file for divorce or if you are even thinking seriously about dissolving your marriage, now is the time to begin making a financial plan.

## The Majority of Americans Planning to Divorce Do Not Have a Financial Plan

According to the report, “65 percent of marriage individuals do not have a financial plan in place in the event of a divorce or a spouse’s death, yet 72 percent of men and 62 percent of women expressed confidence in their ability to manage their own financial situation if faced with one of those events.” In other words, a majority of Americans do not have a financial plan in place for divorce, and a majority of those surveyed also believe that they do not need one because of their ability to handle finances. To be sure, the survey also determined that “divorced Americans were likelier to trust themselves than to trust a financial advisor to manage their savings and investments.”

Given that about[ 40 percent of marriages currently end in divorce](https://www.usatoday.com/story/life/health-wellness/2024/09/05/marriage-divorce-rate/74899214007/), Chicagoans and Americans throughout the country should be thinking about financial plans, especially if they are thinking about filing for divorce. Moreover, many seniors who are already in retirement are also getting divorced, which can result in a trickier and even grimmer financial situation for both parties. According to the managing director for TD Ameritrade, “advance planning could provide a much-needed boost in financial security for those who unexpectedly end up alone at any phase of their lives.” Indeed, we should all have long-term financial plans, and considering divorce should always be part of such plans.

### Divorce Often Creates Financial Difficulties

The results of the TD Ameritrade survey also determined that only about 25 percent of Americans who are currently divorced feel that they are financially secure, while more than 40 percent of married people indicated a sense of financial security. On a related note, nearly 50 percent of people who are divorced do not save or invest any of their monthly take-home pay, while only about 30 percent of married people are in this situation. And nearly 50 percent of divorced people surveyed reported that they were concerned about having enough money in divorce.

According to an [article from Intuit Mint,](https://www.mint.com/personal-finance-4/preparing-for-a-divorce-personal-finance-tips-from-the-pros) understanding your role in the finances of your marriage can help you to prepare for the financial consequences of divorce. For instance, what are the monthly bills in your home, and what percentage of your income goes to pay them? How much do you save each month in your marriage, and how does your salary play into the savings or investments?

## Frequently Asked Questions About Financial Implications Of Divorce

### How Is Property Divided in a Divorce?

Divorce can significantly impact the financial landscape for both spouses, and understanding property division is crucial. The laws concerning property division vary widely from state to state, leading to two primary approaches:

**1. Community Property States** – In these states, any assets acquired during the marriage are typically considered joint property. This means that, in the event of a divorce, these assets are usually divided equally, with each spouse receiving a 50% share.

**2. Equitable Distribution States** – Unlike community property states, equitable distribution allows for a fair but not necessarily equal division of assets acquired during the marriage. Courts take into account various factors, such as each spouse’s earning capacity, their contributions to the marriage (both financial and non-financial), and other relevant circumstances. Illinois, for example, follows this equitable distribution approach, which prioritizes fairness over an equal split.

### What Happens to Debt in a Divorce?

In addition to dividing assets, debt accrued during the marriage also needs to be addressed. Generally, debts are allocated between both spouses, but the specific division will depend on whether the debt is classified as marital or non-marital:

**Joint Debts** – These are debts that are shared, such as mortgages and car loans, and they are typically divided between both spouses as part of the divorce settlement.

**Individual Debts** – On the other hand, debts that are solely in one spouse’s name, like personal credit cards incurred before the marriage, are likely to remain with that individual. This distinction can have significant financial implications for each party moving forward.

### How Does Divorce Impact Taxes?

The financial ramifications of divorce extend to tax implications as well:

**Filing Status** – Once the divorce is finalized, both parties must file their taxes separately, which can alter their overall tax liability.

**Alimony Taxes** – One of the more notable changes in tax law came in 2019, when alimony payments were no longer considered tax-deductible for the payer, nor were they required to be reported as taxable income for the recipient. This shift can affect the financial dynamics between former spouses.

**Child Support Taxes** – It’s important for parents to understand that child support payments are not tax-deductible for the paying parent, nor are they treated as taxable income for the receiving parent. This distinction highlights the unique nature of child support arrangements.

### What Happens to Retirement Accounts in a Divorce?

Retirement assets, such as pensions and 401(k) accounts, often play a significant role in divorce proceedings. Depending on the court’s decisions, these retirement funds may be divided between the spouses. In many cases, a Qualified Domestic Relations Order (QDRO) will be necessary to ensure that the division occurs without incurring tax penalties. This legal document outlines how the retirement funds will be split and ensures that both parties can access what they are entitled to.

### How Does Divorce Affect Credit Scores?

It’s important to recognize that while divorce itself does not directly impact credit scores, the financial decisions made during and after the divorce can have serious ramifications. For instance, unresolved financial disputes or failure to manage joint debts can lead to missed payments, thereby harming one’s credit score. To maintain financial stability, it’s advisable for both parties to close joint accounts and ensure that they honor any outstanding debts in a timely manner.

### What Should I Consider Regarding Alimony?

Alimony, or spousal support, can be a contentious issue during divorce proceedings. The determination of whether spousal support will be awarded, and in what amount, is influenced by several key factors:

**Length of the Marriage** – The duration of the marriage plays a significant role in the alimony decision.

**Income Disparity** – Courts consider the income difference between the spouses, aiming to support the lower-earning party to maintain a reasonable standard of living.

**Standard of Living** – The lifestyle established during the marriage can also be a factor in determining alimony. Depending on these factors, the courts may order either temporary support during the divorce process or long-term alimony to assist the lower-earning spouse post-divorce.

### Can Divorce Impact Business Ownership?

If one or both spouses own a business, the value of that business is assessed as part of the asset division process. This evaluation can be complex, as courts will examine the financial contributions of each spouse to the business, as well as any direct involvement in its operations. The court aims to reach a fair resolution that recognizes the contributions made by both parties, ensuring that the business’s value is accounted for in the overall divorce settlement.

## Discuss Your Case with Our Chicago Divorce Lawyers

Our divorce lawyers in Chicago can help you handle the financial aspects of divorce and contend with other matters such as property distribution and child custody. To learn more, [contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250.

(Updated 4/17/2025)

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### [Why You Should Consider Mediation in Your Family Law Case](https://familylawadvocate.com/why-you-should-consider-mediation-in-your-family-law-case/)

**Published:** October 16, 2020
**Author:** familylawadvocate

**Content:**

**Why You Should Consider Mediation in Your Family Law Case**

**By: Gordon & Perlut, LLC**

[Mediation](https://familylawadvocate.com/family-law/mediation/) is a form of [alternative dispute resolution](https://familylawadvocate.com/family-law/mediation/) (ADR) that can be extremely helpful and effective in a variety of family law cases. Mediation, like other forms of alternative dispute resolution, is designed to make dispute resolution easier for the parties involved and allow parties who are engaged in a dispute to avoid the courtroom.

Other examples of ADR in Illinois can include arbitration and collaborative law. Each type of ADR has its own procedures, and it is important to speak with a Chicago area family law lawyer about options that may be available to you.

In Chicago and northeast Illinois, most family law cases involving mediation are governed in part by the Uniform Mediation Act ([710 ILCS 35/](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51)). There are many different reasons to consider mediation when you are facing a family law dispute, and we want to give you more information about those reasons.

### Costs Are Lower

One of the primary benefits of mediation is cost is frequently much lower than taking a case to court. If you can resolve your family law dispute through mediation, you will be able to avoid expensive court costs and litigation associated with multiple hearings and courtroom appearances, and other costs associated with litigation (depositions, discovery, etc).

### Dispute Resolution Can Occur More Quickly

Another benefit of mediation is that dispute resolution often can occur much more quickly than if you take your case to court. Often, a dispute can be resolved in a single mediation session.

### Proceedings Are Private

Mediation is private, which means only the parties involved in the mediation have access to the information being shared. Unlike court proceedings, details from mediation are not made public (except any final court Orders entered as a result).

### Parties Are More Involved in the Process of Dispute Resolution

Unlike in a court hearing, parties engaged in the dispute are much more involved in the process of resolution. To be sure, the parties engage in dialogue with one another in order to negotiate and ultimately reach an agreement.

### Communication Between the Parties Often Improves

When parties in a family law dispute engage in mediation, their communication skills with one another often improve. For parents who are going through a divorce, improved communication can be extremely helpful in the months and years to come, especially regarding co-parenting and shared parental responsibilities.

### You Can Still Go to Court if Mediation Does Not Work

Mediation is not final, and a mediator does not make any kind of decision or ruling about your case. (In this way, mediation is much different from arbitration — another kind of alternative dispute resolution — in which the arbitrator does make a final decision.) Accordingly, if you cannot reach an agreement concerning your dispute in mediation, you will still have the option of going to court without losing any significant amount of time in the process.

## Frequently Asked Questions About Family Law Mediation

###  

### What Is Family Law Mediation?

Family law mediation is a voluntary and constructive process in which a neutral third party, known as a mediator, assists individuals in navigating and resolving disputes related to various family issues such as divorce, child custody, support, and more. This collaborative environment allows participants to explore solutions that are agreeable to both sides, promoting a sense of ownership over the outcomes without the need for court involvement.

### What Issues Can Be Resolved Through Mediation?

Mediation can address a wide range of family law disputes, including: – \*\*Divorce Settlements:\*\* Facilitating discussions around the division of assets, liabilities, and responsibilities. – \*\*Child Custody and Visitation Arrangements:\*\* Helping parents establish fair and workable agreements regarding where children will live and how they will spend time with each parent. – \*\*Child and Spousal Support Agreements:\*\* Assisting in the determination of financial support needed for children or one spouse. – \*\*Division of Property and Assets:\*\* Guiding couples in fairly distributing their shared property and financial resources. – \*\*Parental Decision-Making Responsibilities:\*\* Ensuring both parents have a say in important decisions regarding their child’s upbringing. – \*\*Modifications to Existing Family Law Orders:\*\* Enabling parents to revisit and amend previous agreements as circumstances change.

### Is Mediation Legally Binding?

While the discussions in mediation are aimed at reaching agreements, these agreements are not legally binding until they are formally signed and submitted for court approval. Once the court reviews and approves the agreement, it becomes an enforceable legal order, providing clarity and security for all parties involved.

### Do I Need a Lawyer for Mediation?

Though mediation itself does not mandate the presence of legal representation, it is highly recommended that each party consult with an attorney before finalizing any agreements. A lawyer can offer invaluable insights, ensuring that the terms of the agreement protect their client’s interests and comply with legal standards.

### How Long Does Mediation Take?

The length of the mediation process can vary significantly based on the complexity of the issues at hand and the willingness of both parties to engage in constructive negotiations. Some disputes may be resolved in a single session, while others could take multiple sessions spanning several weeks or even months, depending on the specific circumstances and dynamics of the family involved.

### What Are the Benefits of Mediation?

Mediation presents numerous advantages over traditional courtroom litigation, such as:

#### Cost Savings

Mediation is typically much more affordable than pursuing a court case, saving families both time and money.

#### Confidentiality

Conversations during mediation remain private, which can be particularly beneficial in sensitive family matters, unlike public court proceedings.

#### Control

Parties have the autonomy to steer the discussions and make decisions regarding their outcomes rather than having a judge impose a solution.

#### Reduced Conflict

By fostering an environment of cooperation and open communication, mediation helps to minimize hostility and resentment, which is especially important when families need to maintain relationships for the sake of children.

### What Happens If Mediation Fails?

If mediation does not lead to a mutually agreeable solution, the parties have the option to take their disputes to court for resolution. Interestingly, during court proceedings, a judge may still take into consideration the discussions and attempts made during mediation when rendering their final decisions, potentially influencing the outcome based on the efforts of both parties to resolve their issues amicably.

## Contact Our Chicago Family Law Mediator For More Information

If you have questions or concerns about mediation and your family law dispute, one of our experienced [Chicago mediation attorneys](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about how our firm helps individuals and families with a wide variety of family law matters.

(Updated 4/17/2025)

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### [How Do I Protect My Business From My Ex?](https://familylawadvocate.com/how-do-i-protect-my-business-from-my-ex/)

**Published:** February 10, 2021
**Author:** familylawadvocate

**Content:**

**How Do I Protect My Business From My Ex?**

**By: Gordon & Perlut, LLC**

## Contested Divorce And Business Assets

Going through a contested divorce in which[ asset division](https://familylawadvocate.com/divorce/property-division/) has become an extremely contentious issue can be frustrating and challenging for both spouses involved. Under[ Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59), courts will classify property as marital property or separate property. Marital property, which includes both assets and debts of the marriage, will be divisible according to the theory of equitable distribution, while separate or non-marital property will not be divisible.

If you own a business, you likely have concerns about how you can protect your business from your ex, and whether there are any steps you can take to show that your[ business assets](https://familylawadvocate.com/divorce/property-division/) should not be classified as marital property and should not be distributed in your divorce case.

Our [Cook County divorce lawyers](https://familylawadvocate.com/divorce/) can help you to protect your business, but in the meantime, we want to provide you with some potential options for protecting your company from your ex-spouse in your divorce.

### A Premarital or Postnuptial Agreement Can Protect Your Business Assets

You may be wondering: “How do I protect my business from my spouse?” One of the best and most effective ways to protect your business assets in a divorce case is to enter into a premarital or postnuptial agreement. Such an agreement can ensure that your business assets are classified as separate property and are not eligible for division in your Chicago divorce.

If you are already married, you cannot enter into a premarital agreement. If you do have an existing premarital agreement with your spouse, you should work with a Chicago area divorce lawyer to ensure that your premarital agreement is enforceable according to Illinois law. Yet even if you do not have an existing premarital agreement, you can enter into an agreement after your marriage and before your divorce that is similar: a postnuptial agreement. You should always work with a divorce lawyer on a postnuptial agreement to negotiate the terms and to ensure that the postnuptial agreement is enforceable.

To be clear, in a premarital or postnuptial agreement, you and your spouse can agree that your business will not be subject to division in your divorce.

### Demonstrate That Your Business is Made Up of Separate Property

You might also be in a situation where your business is mostly, or entirely, made up of separate property. Such a premise can be complicated to prove in a marriage, particularly if the business was earning income during the marriage (in which case, such income would be classified as marital property and subject to distribution unless you and your ex have agreed otherwise in a premarital or postnuptial agreement). However, you may be able to show that you started the business prior to the marriage and that you have only invested separate property into the business. A Cook County area divorce lawyer can say more.

### Reach a Settlement Agreement Regarding Your Business Assets

If you are willing to negotiate a settlement agreement with your spouse in which you keep your business in its entirety in exchange for, perhaps, giving up your claim to other marital assets, you might be able to protect your business from your ex-spouse.

## Frequently Asked Questions About Business Assets And Divorce In Illinois

### Is a Business Considered Marital Property in Illinois?

In the state of Illinois, the classification of businesses as marital property hinges on their acquisition timing relative to the marriage. Typically, any business that is established or acquired during the course of the marriage is deemed marital property, which means that it is subject to division between spouses upon divorce. However, there are exceptions to this rule. If a business was founded prior to the marriage or if it was received as an inheritance or a gift directly to one spouse, it may qualify as non-marital property. In these cases, the business would likely remain with the original owner and would not be divided during the divorce process.

### How Is a Business Valued in a Divorce?

Business valuation is a vital and often complex step when it comes to dividing assets in a divorce. Illinois courts utilize several methodologies to determine the fair market value of a business, including:

#### Income-Based Valuation

This approach focuses on the company’s earnings and profitability over a specified period. The valuation may consider historical income, projected future earnings, and the profitability of similar businesses in the industry to estimate the business’s financial health.

#### Asset-Based Valuation

This method assesses the value of both tangible and intangible assets associated with the business. Tangible assets may include property, equipment, and inventory, while intangible assets can encompass intellectual property, brand recognition, and goodwill. This approach provides a comprehensive overview of all the resources owned by the business.

#### Market-Based Valuation

Under this approach, the business is compared to similar enterprises within the market to establish a fair value. This may involve reviewing recent sales of similar businesses and considering market trends to derive an appropriate valuation. To ensure the accuracy of financial evaluations and facilitate a just distribution of assets, parties often enlist the expertise of a forensic accountant. These professionals specialize in dissecting complex financial matters and can provide a thorough analysis of the business’s worth, as well as offer insights into potential discrepancies in financial reporting.

### Can a Spouse Claim a Share of the Business?

Yes, in cases where a business is classified as marital property, the non-owning spouse may rightfully claim a share of its value during the divorce proceedings. Furthermore, even if a business was initiated before the marriage, any increase in its value occurring during the marriage may be subject to equitable division. This consideration acknowledges the contributions made by both spouses during the marriage, particularly if the non-owning spouse played a role in the business’s growth or success.

### How Can Business Owners Protect Their Assets in a Divorce?

To mitigate potential risks to their business assets in the event of a divorce, business owners can take several proactive measures:

#### Prenuptial or Postnuptial Agreements

These legal documents can explicitly outline the ownership rights of each spouse regarding the business. A prenuptial agreement is established prior to marriage, while a postnuptial agreement can be created during the marriage, addressing any changes in circumstances.

#### Keeping Business Finances Separate

It is crucial for business owners to maintain a clear boundary between personal and business finances. This means avoiding the mingling of funds, which can complicate asset division and raise questions about the business’s classification as marital or non-marital property.

#### Proper Documentation

Business owners should maintain meticulous records that demonstrate the business was acquired prior to the marriage, along with detailed financial statements and ownership documents. This documentation can serve as essential evidence in divorce proceedings.

### What Happens If Both Spouses Own the Business?

In situations where both spouses have a stake in the business, they must navigate the complexities of co-ownership during the divorce. Several potential outcomes may arise, including:

#### Negotiating a Buyout

One spouse may buy out the other’s interest in the business, allowing one party to retain full ownership while compensating the other for their share.

#### Continuing Co-Ownership

The spouses may choose to continue running the business together post-divorce, which would require a mutually agreeable co-management arrangement.

#### Selling the Business

In some cases, the couple may decide it is in their best interest to sell the business and distribute the proceeds. This option can simplify asset division and allow both parties to move forward independently. When making decisions regarding shared business assets, courts will consider each spouse’s contributions—both financial and operational—to ensure a fair division based on their joint efforts and involvement.

### How Does Illinois Handle Business Asset Division?

Illinois adheres to the principle of equitable distribution, meaning that assets are divided in a manner that is fair, but not necessarily equal. The courts account for several critical factors when determining how to divide business assets, including:

- Each spouse’s financial contributions to the business including investments and efforts made to grow the enterprise.
- The extent of each spouse’s involvement in the day-to-day operations and management of the business.
- The future earning potential of both spouses and how the division of assets may impact their respective financial stability post-divorce.

This equitable approach aims to achieve a result that acknowledges the unique circumstances of each case and honors the contributions of both spouses throughout the marriage.

## Seek Advice From Our Cook County Divorce Attorneys

When you have questions or concerns about protecting your assets from your ex-spouse, you should seek advice from one of our Cook County divorce attorneys as soon as you can.[ Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250 for more information.

(4/16/2025)

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**Categories:** Divorce Attorney

**Tags:** asset division, property division, protect business in divorce

---

### [Four Things to Know About Divorce After a Long-Term Marriage](https://familylawadvocate.com/four-things-to-know-about-divorce-after-a-long-term-marriage/)

**Published:** August 28, 2019
**Author:** familylawadvocate

**Content:**

**Four Things to Know About Divorce After a Long-Term Marriage**

**By: M. Scott Gordon**

More people are [getting divorced](https://familylawadvocate.com/divorce/) as they near retirement age, or recently after they retired. For a majority of these divorcees, the decision to [file for divorce](https://familylawadvocate.com/divorce/) comes after many years of a long-term marriage. While divorces have similarities regardless of whether you were married for a very short time or nearly a lifetime, long-term marriages that end in divorce do have particularities. According to an [article in ](https://www.psychologytoday.com/us/blog/complicated-love/201809/7-key-facts-about-divorce-after-long-marriages)[*Psychology Today*](https://www.psychologytoday.com/us/blog/complicated-love/201809/7-key-facts-about-divorce-after-long-marriages), if you are considering divorce after a lengthy marriage, it is important to understand what some of those particularities can be. The following is a list of four things to know about divorce after a long-term marriage.

## Gray Divorce is More Common in Remarriages

While more older adults are getting divorced than ever before, resulting in the use of the phrase “gray divorce,” that fact alone does not mean more long-term marriages are ending. Rather, according to the article, more seniors are getting divorced after their second or even third marriages. In other words, being remarried is one of the biggest factors for determining whether a couple is likely to get divorced an older age. The article explains that, “for those over 50, the rate of divorce for those who are in remarriages is 2.5 times higher than those in first marriages.”

## Rates of Divorce Among Older Adults Are Still Lower Than Those of Younger Married Couples

These days, there are numerous articles and studies concerning “gray divorce.” The prevalence of those articles might suggest older adults are getting divorced at higher rates than people of other age groups. However, as the *Psychology Today* article points out, although the gray divorce rate has doubled over the last three decades, it is “still less common than divorce among those under 50.” Indeed, as of 2010, the rate of divorce for people over the age of 50 is only about 25 percent, which is still lower than national averages for all age groups.

## Adult Children Still Struggle with News of a Divorce

Just because your kids are adults does not mean they will not have difficulty processing a divorce, especially after a long-term marriage.

## Long-Term Marriages That End Often Show Problems Long Before the Divorce

When long-term marriages end, it is rare for the married couple to begin having problems much earlier in the relationship and remain married, despite those warning signs. The article explains that, often, “a festering resentment or issue unresolved for decades may be at the heart of a late-in-life divorce.” Many other couples in long-term marriages, especially those who got married when they were young, initially married to please family members.

The article in Psychology Today describes one couple that got divorced after a long-term marriage, yet recognized their marriage was founded largely on the fact that their parents had been friends and they shared the same religious faith. For that couple, there was no “emotional or intellectual” connection during the marriage.

## Gray Divorce Trends: Why More Older Adults Are Splitting Up

In recent years, a compelling trend has emerged in the United States: an increase in divorce rates among older adults, commonly referred to as “gray divorce.” Despite an overall decline in divorce rates across the population, the number of individuals aged 50 and older choosing to dissolve their long-term marriages has more than doubled since the early 1990s. This evolving trend is not only reshaping the dynamics of long-term relationships but also sparking critical discussions about financial independence, emotional fulfillment, and the shifting norms in society.

### The Rise of Gray Divorce

Gray divorce is defined as the separation of marriages among older individuals, primarily those in their 50s, 60s, and beyond. Alarmingly, research reveals that nearly 40% of all divorcing adults belong to this age group. While younger couples have seen a decrease in divorce rates, older adults are increasingly opting to end marriages that may have lasted for decades. Particularly notable is the significant rise in divorce rates among those aged 65 and older, with these figures tripling between 1990 and 2021, highlighting a dramatic shift in life choices in later years.

### Why Are Older Adults Divorcing More?

A complex array of factors contributes to the growing prevalence of gray divorce:

#### Longer Life Expectancy

Many older adults now anticipate living into their 80s or 90s. This increased longevity fuels a desire for reassessment of personal relationships, leading many to seek a more fulfilling and rewarding partnership in their later years.

#### Financial Independence

The landscape of gender roles has transformed significantly, with more women enjoying financial stability and independence than in previous generations. This newfound autonomy empowers them to leave marriages that they find unfulfilling or detrimental to their well-being.

#### Changing Social Norms

Social stigma around divorce has diminished significantly over the years. Many older adults now feel a sense of liberation and empowerment to make life-altering decisions, including seeking a divorce.

#### Empty Nest Syndrome

As children grow up and leave home, couples may find themselves confronted with the reality that they have grown apart over the years. This transition can lead to an awakening of sorts, prompting individuals to reflect on their relationship and consider separation.

#### Personal Growth and New Beginnings

Individuals may feel a strong desire to explore new opportunities and cultivate new experiences. Rather than remaining in an unfulfilling marriage, many seek to embrace personal growth and forge new paths in their lives.

## The Challenges of Gray Divorce

While divorce can be a source of liberation and newfound freedom, it also carries a unique set of challenges for older adults:

### Financial Strain

The process of dividing assets, retirement funds, and pensions can be exceedingly complex and may have lasting effects on one’s financial security. Older adults must navigate these financial intricacies with care to maintain their stability and quality of life.

### Social Adjustments

The emotional fallout from a divorce can lead to feelings of loneliness and isolation. Many older adults may struggle to forge new social connections, especially if their social circles were predominantly tied to their marital relationships.

### Health and Well-Being

The emotional toll associated with divorce can have significant implications on both mental and physical health. The stress of navigating this major life change can impact overall well-being, leading to anxiety or depression.

### Legal Considerations

Following a divorce, important documents such as estate plans, wills, and healthcare directives may need to be revisited and updated, adding another layer of responsibility during an already challenging time.

## Multiple Gray Divorces

An intriguing trend is emerging where some older individuals experience multiple gray divorces, meaning they have divorced more than once later in life. Research indicates that men are more likely than women to go through two or more divorces in their later years. Factors such as remarriage and evolving expectations regarding relationships contribute to this phenomenon.

Ultimately, gray divorce is redefining how older adults approach their relationships, independence, and quests for personal fulfillment. While it presents its challenges, it also opens the door to opportunities for growth and fresh beginnings. As societal norms continue to evolve, gray divorce is set to remain a significant trend in the U.S., profoundly influencing how individuals navigate love, life, and their aspirations in later stages of life.

## Contact Our Chicago Divorce Attorneys

If you need assistance filing for divorce after a long-term marriage, our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 to learn more about how we can help with your case. In order to ensure that you are on the best footing possible for your new start after a divorce, it is best to secure an experienced legal advocate for your side. The Chicago divorce attorneys at Gordon & Perlut, LLC have helped residents throughout the City of Chicago and the suburbs with these matters for years. No matter what the specifics of your own situation, our team can ensure that your interests are protected every step of the way.

(Updated 4/16/2025)

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### [What Happens To Your Small Business In An Illinois Divorce?](https://familylawadvocate.com/what-happens-to-your-small-business-in-an-illinois-divorce/)

**Published:** April 14, 2025
**Author:** familylawadvocate

**Content:**

Divorce can be challenging for anyone, but it becomes even more complicated when a small business is involved. Business owners often worry about whether their company will be divided, how its value will be determined, and whether they will still have control after the divorce.

Illinois follows [equitable distribution laws](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), which means marital property is divided fairly but not necessarily equally. If a business is considered marital property, it may be subject to division. The classification of the business, its valuation, and whether a spouse has a financial interest in it all play a role in how the court handles the issue. Understanding how Illinois law applies to small businesses in divorce is essential for protecting financial interests and planning for the future.

## Is A Small Business Considered Marital Property?

Whether a business is classified as marital or non-marital property depends on several factors. Under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), property acquired during the marriage is generally considered marital property, while property acquired before marriage is considered non-marital. If a business was started before marriage, it may remain non-marital, but any increase in value during the marriage could be considered marital property. If both spouses contributed to the business financially or through labor, the court may consider it marital property, even if only one spouse is listed as the owner.

## How Is A Small Business Valued In A Divorce?

If a business is subject to division, determining its value is a critical step. Illinois courts rely on various valuation methods, including asset-based valuation, income-based valuation, and market-based valuation. The court may appoint a financial professional, or each spouse may present their own valuation expert. The value assigned to the business can impact how other marital assets are divided.

## Options For Dividing A Business In Divorce

Once the value of a business is determined, there are several ways it can be handled in a divorce:

- One Spouse Buys Out The Other – If one spouse wants to keep the business, they may compensate the other by giving up other assets of equal value.
- Selling The Business And Splitting The Proceeds – In some cases, selling the business and dividing the profits may be the best option, especially if neither spouse can afford a buyout.
- Co-Ownership After Divorce – Some former spouses choose to continue operating the business together, though this requires a strong working relationship and clear agreements.

## Protecting A Business In Divorce

Business owners can take steps to protect their company in the event of divorce. A prenuptial or postnuptial agreement can specify how the business will be handled. Keeping business finances separate from personal finances and maintaining clear records can also help establish whether the business is non-marital property. In some cases, business owners use buy-sell agreements to set rules for ownership changes in the event of divorce.

## Illinois Divorce FAQs

### Can My Spouse Get Half Of My Business In An Illinois Divorce?

Not necessarily. Illinois follows equitable distribution, which means assets are divided fairly but not always equally. If the business is considered marital property, the court will determine a fair way to divide its value, which may not mean a 50/50 split.

### What If I Started My Business Before Marriage?

If the business was established before marriage, it may be considered non-marital property. However, if the business increased in value during the marriage, that increase could be considered marital property and subject to division.

### Can My Spouse Claim A Share Of My Business If They Never Worked In It?

Yes, if marital assets were used to support the business or if the business’s value increased due to efforts made during the marriage. Even if a spouse did not work directly in the business, they may still have a financial interest in it.

### How Can I Protect My Business From Being Divided In A Divorce?

A prenuptial or postnuptial agreement can outline how the business will be handled in divorce. Keeping business and personal finances separate and avoiding the use of marital funds to support the business can also help.

### What If My Spouse And I Both Own The Business?

If both spouses own the business, the options include one spouse buying out the other, selling the business and splitting the proceeds, or continuing to co-own the business after divorce. The best option depends on financial circumstances and the ability to work together.

### How Does The Court Determine The Value Of A Business In Divorce?

The court may use an asset-based, income-based, or market-based valuation to determine the business’s worth. Financial professionals may be brought in to provide a valuation report.

### Can I Pay My Spouse A Settlement Instead Of Dividing The Business?

Yes, if you want to keep the business, you can negotiate a buyout by giving up other assets of equal value. This allows one spouse to retain full ownership while the other receives fair compensation.

### Do I Have To Sell My Business If I Get Divorced?

Selling the business is only one option. If one spouse wants to keep it, they may negotiate a buyout. In some cases, former spouses agree to continue co-owning the business.

### Will A Divorce Affect My Business’s Operations?

A divorce can impact business operations, especially if both spouses are involved in management. Having a clear legal agreement in place can help ensure the business continues to run smoothly.

### What Happens If My Business Is My Primary Source Of Income?

If your business is your main source of income, the court will consider this when dividing assets and determining spousal support. Keeping financial records and obtaining a fair business valuation is essential.

## Contact Our Chicago Divorce Attorney For Exceptional Representation

If you own a small business and are facing divorce, protecting your financial interests is critical. The attorneys at Gordon & Perlut, LLC understand the complexities of business division under Illinois divorce law and can help you find the best solution for your situation. Whether you need to negotiate a buyout, determine the value of your business, or protect your financial future, we are here to help.

If you’re facing divorce, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois.

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### [How Can A Chicago Divorce Lawyer Help You Protect Your Financial Interests During Divorce?](https://familylawadvocate.com/how-can-a-chicago-divorce-lawyer-help-you-protect-your-financial-interests-during-divorce/)

**Published:** April 7, 2025
**Author:** familylawadvocate

**Content:**

Divorce can have a lasting impact on your financial future. Whether you are concerned about property division, spousal support, or protecting your business, understanding Illinois divorce law is essential. The decisions made during divorce can affect your financial stability for years to come. Illinois follows [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), which governs how marital property is divided.

Unlike community property states, Illinois uses an [equitable distribution system](https://www.findlaw.com/state/illinois-law/illinois-marital-property-laws.html), meaning assets are divided fairly but not necessarily equally. This makes financial planning critical, as the outcome depends on various factors, including each spouse’s financial contributions and future earning potential. A Chicago divorce lawyer can help ensure that your financial interests are protected throughout the process.

## Understanding Marital And Non-Marital Property

Illinois law distinguishes between marital and non-marital property under [750 ILCS 5/503(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). Marital property includes assets acquired during the marriage, while non-marital property consists of assets owned before the marriage, inheritances, and gifts given specifically to one spouse. However, if non-marital assets are commingled with marital property, they may become subject to division. A lawyer can help track and separate non-marital assets to prevent unnecessary disputes.

## Protecting Your Assets Through Equitable Distribution

Since Illinois follows equitable distribution, courts consider factors such as each spouse’s financial contributions, earning capacity, and future needs [under 750 ILCS 5/503(d)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). A fair division does not always mean a 50/50 split. A lawyer can present evidence to ensure the court understands your financial situation, especially if you contributed more toward the marriage’s financial stability. If you own a business, real estate, or investment accounts, legal strategies can help protect those assets from unfair division.

## Spousal Maintenance And Financial Obligations

Spousal support, also known as maintenance, is determined by 750 ILCS 5/504. Courts consider factors such as the length of the marriage, each spouse’s income, and their ability to earn a living. Illinois uses a formula to calculate maintenance for couples whose combined income is under $500,000, but judges have discretion in higher-income cases. Proper legal representation can help ensure that maintenance payments are fair and based on accurate financial information.

## Protecting Your Retirement And Investment Accounts

Retirement accounts, pensions, and investment funds are often among the most valuable assets in a divorce. Under 750 ILCS 5/503(b)(2), retirement benefits earned during the marriage are considered marital property. The division of these assets typically requires a Qualified Domestic Relations Order (QDRO) to ensure that funds are properly distributed without tax penalties. A lawyer can help secure a fair division while protecting your long-term financial security.

## Avoiding Hidden Assets And Financial Misconduct

Some spouses attempt to hide assets to avoid sharing them during divorce. Under 750 ILCS 5/501, both parties must provide full financial disclosure. If there is suspicion of hidden assets, forensic accountants and subpoenas can uncover undisclosed bank accounts, property, or income sources. Legal action can ensure transparency and fairness in financial settlements.

## Illinois Divorce FAQs

### How Can I Protect My Business In A Divorce?

If your business was started during the marriage, it may be considered marital property. However, if it was established before the marriage or protected through a prenuptial agreement, it may be classified as non-marital. Business valuation is crucial, and a lawyer can help ensure a fair assessment to protect your ownership and financial interests.

### Will I Have To Pay Spousal Support?

Spousal support depends on several factors, including the length of the marriage, income disparity, and the standard of living during the marriage. Illinois law provides guidelines, but courts have discretion in awarding maintenance. A lawyer can review your financial situation and argue for a fair outcome.

### Can I Keep My Retirement Savings After Divorce?

Retirement savings accumulated during the marriage are generally considered marital property. However, only the portion earned during the marriage is subject to division. A Qualified Domestic Relations Order (QDRO) can ensure that funds are split properly without tax penalties.

### What Happens To Debt In A Divorce?

Marital debt, like assets, is divided equitably. If the debt was incurred for household expenses or joint purchases, both spouses may be responsible. Courts consider who benefited from the debt and each spouse’s ability to repay it. A lawyer can help negotiate a fair debt distribution.

### Can My Spouse Hide Assets To Avoid Division?

Hiding assets is illegal, and courts take financial misconduct seriously. A lawyer can investigate financial records, use forensic accountants, and request subpoenas to uncover hidden income or undisclosed property. If fraud is discovered, courts may award a greater share of assets to the honest spouse.

### How Can I Make Sure My Divorce Settlement Is Fair?

A fair settlement requires full financial disclosure, proper asset valuation, and consideration of future financial needs. Working with a lawyer ensures that all aspects of your financial situation are properly presented and protected in court.

### Will My Divorce Affect My Credit Score?

Divorce itself does not impact credit scores, but joint debts, missed payments, or improperly divided liabilities can cause financial issues. Ensuring that debts are properly assigned and paid can help maintain financial stability.

### What If My Spouse And I Disagree On Property Division?

If spouses cannot agree, the court will decide based on equitable distribution principles. Presenting clear financial records and legal arguments can help secure a favorable outcome. Mediation or negotiation with legal representation can also help resolve disputes without court intervention.

### Can A Prenuptial Agreement Protect My Assets?

Yes, a prenuptial or postnuptial agreement can outline how assets should be divided in a divorce. Illinois courts generally uphold these agreements if they were signed voluntarily and meet legal requirements under 750 ILCS 10/7.

### What If My Spouse Refuses To Cooperate During Divorce?

If a spouse refuses to engage in the divorce process, the court can proceed with default judgments. This means the judge may rule in favor of the filing spouse if the other party does not participate. Legal representation ensures that your rights are protected even in contested divorces.

## Contact Our Chicago Divorce Attorney For Exceptional Representation

Divorce can have long-term financial consequences, but you do not have to face it alone. At Gordon & Perlut, LLC, we work to protect your financial future by ensuring fair asset division, spousal support, and retirement account distribution. Whether you are concerned about your business, investments, or debt obligations, we are here to guide you through the legal process and safeguard your financial interests.

If you’re considering divorce or have questions, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and are ready to help you protect what matters most.

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### [What Are The Common Challenges Parents Face While Developing A Parenting Plan In Skokie?](https://familylawadvocate.com/what-are-the-common-challenges-parents-face-while-developing-a-parenting-plan-in-skokie/)

**Published:** April 1, 2025
**Author:** familylawadvocate

**Content:**

Creating a parenting plan can be one of the most difficult parts of a divorce or separation. Parents must consider their child’s best interests while balancing work schedules, school activities, and their own personal lives. Disagreements often arise over decision-making authority, parenting time, and how to handle unexpected changes. Illinois law requires parents to submit a comprehensive proposed parenting plan that outlines how they will share responsibilities, which can be challenging when emotions are high. Under [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm), courts encourage parents to cooperate, but if they cannot agree, a judge may impose a plan that may not fully reflect their wishes. Understanding the most common challenges can help parents create a plan that works for their family while complying with Illinois law.

## Determining Decision-Making Responsibilities

One of the biggest challenges parents face is deciding who will make important decisions about their child’s education, healthcare, and religious upbringing. Illinois law refers to this as the allocation of parental responsibilities under [750 ILCS 5/602.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm). Parents may agree to joint decision-making or assign specific responsibilities to one parent. If they cannot agree, the court will decide based on the child’s best interests.

## Parenting Time Conflicts

Scheduling parenting time can be complicated, especially when parents have demanding jobs or live in different areas. Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm), courts encourage schedules that allow children to maintain strong relationships with both parents. However, disagreements can arise over holidays, vacations, and school breaks. Parents must be flexible and willing to compromise to create a schedule that meets their child’s needs.

## Relocation Issues

If one parent wants to move to a new location that is far away, it can create serious challenges. Illinois law under [750 ILCS 5/609.2](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm) requires a parent who wishes to relocate with the child to provide written notice to the other parent. If the other parent objects, the court will decide whether the move is in the child’s best interests. Relocation disputes can be complex, requiring careful planning and legal guidance.

## Handling Changes And Modifications

Life circumstances change, and parenting plans may need to be modified. A parent may change jobs, remarry, or experience health issues that impact their ability to follow the original agreement. Under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm), a modification may be granted if there is a substantial change in circumstances and the modification is in the child’s best interests. Parents should anticipate possible changes and include a process for handling modifications in their agreement.

## Communication And Conflict Resolution

Effective communication is essential for a successful parenting plan. Some parents struggle to communicate due to unresolved conflicts in their marriage. Illinois courts encourage parents to develop a method for resolving disputes, such as using mediation or written communication. A detailed plan can help minimize future conflicts and provide stability for the child.

## Parenting Plan FAQs

### What Happens If Parents Cannot Agree On A Parenting Plan?

If parents cannot agree, they must attend mediation to try to resolve their differences. If mediation fails, the court will decide based on the child’s best interests. The court may consider each parent’s involvement in the child’s life, their ability to cooperate, and the child’s needs.

### Can A Parenting Plan Be Changed After It Is Approved?

Yes, a parenting plan can be modified if there is a significant change in circumstances. Under 750 ILCS 5/610.5, a parent must prove that the change is necessary to protect the child’s well-being. Common reasons for modifications include job relocations, medical issues, or a parent’s inability to follow the existing plan.

### What Should A Parenting Plan Include?

A parenting plan should outline decision-making responsibilities, parenting time schedules, holiday and vacation arrangements, communication guidelines, and how future disputes will be resolved. Illinois law requires a detailed plan that prioritizes the child’s best interests.

### Can A Parent Relocate With The Child Without Permission?

No, a parent who wants to move with the child a substantial distance as outlined in the law must provide written notice to the other parent. If the other parent objects, the court will determine if the relocation is in the child’s best interests. Moving without permission can result in legal consequences.

How Can Parents Reduce Conflict While Creating A Parenting Plan?

Parents can reduce conflict by focusing on their child’s needs rather than personal grievances. Using mediation, communicating through email or parenting apps, and being open to compromise can help create a plan that works for both parents and the child.

### What If One Parent Refuses To Follow The Parenting Plan?

If a parent violates the agreement, the other parent can file a motion to enforce the plan. Under 750 ILCS 5/607.5, the court may impose penalties, order makeup parenting time, or modify the plan if violations continue.

### Do Courts Favor One Parent Over The Other?

Illinois law does not favor one parent based on gender. Courts consider the child’s best interests, parental involvement, and the ability to provide a stable home. A fair and balanced parenting plan increases the likelihood of approval by the court.

### How Can A Lawyer Help With A Parenting Plan?

An attorney can help ensure the parenting plan meets Illinois legal requirements and protects parental rights. They can assist with negotiations, mediation, and court proceedings if necessary. Having legal guidance can prevent mistakes that may lead to disputes.

## Call Our Chicago Divorce Attorney For Effective Representation

Creating a parenting plan that works for your family can be challenging, especially when disputes arise. At Gordon & Perlut, LLC, we help parents develop parenting plans that protect their rights and serve the best interests of their children. Whether you are facing conflicts over decision-making, parenting time, or modifications, we are here to help.

If you have questions about parenting plans, contact our [Chicago parenting plan attorney](https://familylawadvocate.com/divorce/child-custody/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and are ready to assist with your case.

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### [The Impact Of Long-Term Marriages On Spousal Support In Illinois High-Net-Worth Divorces](https://familylawadvocate.com/the-impact-of-long-term-marriages-on-spousal-support-in-illinois-high-net-worth-divorces/)

**Published:** March 17, 2025
**Author:** familylawadvocate

**Content:**

Divorce is a complex process, especially when a long-term marriage and significant financial assets are involved. In Illinois, spousal support—also known as maintenance or alimony—is often a key issue in high-net-worth divorces. The duration of the marriage plays a major role in determining whether maintenance is awarded, how much is granted, and for how long. For individuals who have been married for 20 years or more, Illinois law allows for permanent or long-term maintenance, depending on the circumstances.

Under [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm), courts consider several factors when awarding maintenance, including the length of the marriage, the standard of living established during the marriage, the income and assets of both spouses and the ability of each spouse to maintain their lifestyle post-divorce. In high-net-worth divorces, these considerations become even more significant because one spouse may have relied on the other for financial stability over decades.

## How Illinois Courts Determine Spousal Support In Long-Term Marriages

### The Duration Of Maintenance Awards

Illinois law follows specific guidelines for determining the duration of spousal support based on the length of the marriage. Under [750 ILCS 5/504(b-1)(1)(B)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-504/), the longer the marriage, the greater the percentage of time that maintenance may be required. If the marriage lasted 20 years or more, the court may order permanent maintenance or an award equal to the length of the marriage.

### Standard Of Living And High-Net-Worth Divorces

In high-asset divorces, courts assess the standard of living that was established during the marriage. A spouse who has been financially dependent for years may argue for significant maintenance to maintain a comparable lifestyle. Courts look at factors such as luxury homes, private investments, business ownership, and high-earning careers when determining an appropriate award.

### The Impact Of Income Disparities

When one spouse earns significantly more than the other, courts consider whether the lower-earning spouse can support themselves post-divorce. Illinois law requires courts to evaluate earning potential, employment history, and financial resources before deciding on long-term maintenance.

## Factors That May Influence Maintenance Reductions Or Termination

### Retirement And Changing Financial Circumstances

If the paying spouse reaches retirement age, they may petition the court to modify or terminate maintenance under [750 ILCS 5/510(c)](https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm). Courts will consider whether retirement was voluntary and whether the receiving spouse still needs support.

### Cohabitation Or Remarriage

Under [750 ILCS 5/510(b)](https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm), maintenance ends if the recipient remarries or cohabitates with a new partner. If a former spouse enters a financially supportive relationship, the paying spouse can seek a termination of maintenance.

## Illinois Spousal Support Frequently Asked Questions

### How Does Illinois Calculate Spousal Support In High-Net-Worth Divorces?

Illinois uses a formula based on income, but courts have discretion in high-net-worth cases to deviate from the formula if applying it would be unfair.

### Can Spousal Support Be “Permanent” In Illinois?

If a marriage lasted 20 years or more, the court may award maintenance or support for an indefinite period of time.

### What Happens If My Former Spouse Refuses To Pay Maintenance?

If a former spouse fails to comply with a court-ordered maintenance agreement, legal action such as wage garnishment or contempt proceedings may be necessary.

### Does Spousal Support Change If My Financial Situation Changes?

Yes, under 750 ILCS 5/510, maintenance can be modified or terminated if there is a substantial change in circumstances, such as job loss or retirement.

### Can A Prenuptial Agreement Override Spousal Support In Illinois?

Yes, if a valid prenuptial agreement specifies spousal support terms, Illinois courts typically enforce those provisions unless found to be unconscionable.

### How Does Business Ownership Affect Spousal Support?

If a spouse owns a business or professional practice, its value and income potential will factor into the court’s maintenance determination.

### Can A Spouse Request More Maintenance If They Become Ill Or Disabled?

Yes, a former spouse can petition for an increase in maintenance if they experience a significant decline in health that affects their ability to work.

## Call Our Chicago and Skokie Divorce Attorneys To Discuss Your Case

Spousal support in high-net-worth divorces is complex, especially after long-term marriages. Courts evaluate many factors, and having experienced legal representation is critical to protecting your financial future.

At Gordon & Perlut, LLC, we advocate for clients facing spousal support disputes and high-net-worth divorces. Whether you need to secure a fair maintenance award or protect your assets, we are here to help.

Contact our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and provide strategic legal solutions in high-asset divorce cases.

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### [How To Avoid Dividing A Medical Practice During An Illinois Divorce](https://familylawadvocate.com/how-to-avoid-dividing-a-medical-practice-during-an-illinois-divorce/)

**Published:** March 10, 2025
**Author:** familylawadvocate

**Content:**

A divorce involving a medical practice presents unique challenges. Unlike other marital assets, a medical practice is not just a source of income—it is also a professional career, a business entity, and a service to patients. Illinois law requires equitable distribution of marital assets under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), but equitable does not always mean equal. Protecting a medical practice during divorce requires careful planning, negotiation, and legal strategy.

Courts consider whether a medical practice is marital or non-marital property. If the practice was started or acquired during the marriage, it may be subject to division. Even if one spouse is the sole owner, the other spouse may claim a financial interest in the business. Proper legal planning can help minimize the impact of divorce on medical practice and ensure that it remains intact.

## Steps To Protect A Medical Practice In Divorce

### Determining Whether The Practice Is Marital Or Non-Marital Property

Under [750 ILCS 5/503(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), property acquired before the marriage is non-marital and typically not subject to division. However, if the practice grew in value during the marriage due to spousal contributions or joint financial efforts, it may be considered a marital asset.

### Using A Prenuptial Or Postnuptial Agreement

A well-drafted prenuptial or postnuptial agreement can define a medical practice as separate property, protecting it from division. Illinois courts recognize valid agreements under [750 ILCS 10/4](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087) as long as they are fair and enforceable.

### Valuation Of The Medical Practice

If a medical practice is classified as a marital asset, determining its value is critical. A forensic accountant or business appraiser will assess factors such as:

- The practice’s profitability and revenue
- Business assets and debts
- Ownership structure and partnerships
- Goodwill and patient relationships

An accurate valuation can help in negotiations and reduce disputes over the practice’s worth.

### Offsetting The Value With Other Assets

One strategy to retain full ownership is to compensate the other spouse with other marital assets. These financial assets might include:

- Real estate or other business interests
- Retirement accounts or investment portfolios
- Cash settlements to buy out the other spouse’s interest

This approach ensures fairness without disrupting the practice’s operations.

### Minimizing Spousal Involvement In Business Operations

If a spouse played a role in managing finances, staffing, or administration, they might claim a stake in the business. Keeping the practice separate from marital involvement reduces the risk of disputes.

### Structuring The Business Properly

Medical practices structured as professional corporations, partnerships, or LLCs may have agreements that restrict ownership transfers. These agreements can protect against forced sales or outside claims during a divorce.

## Property Division Frequently Asked Questions

### Can A Medical Practice Be Considered Marital Property In Illinois?

Yes, if the practice was established or grew in value during the marriage, it may be subject to division under 750 ILCS 5/503. If it was owned before the marriage, it may remain separate property, but any marital contributions could impact its classification.

### How Can I Keep My Medical Practice From Being Divided In Divorce?

Several strategies can protect a medical practice, including prenuptial agreements, buyout arrangements, and asset offsets. Keeping financial records separate from marital finances also strengthens claims of separate ownership.

### What Role Does Business Valuation Play In Divorce Proceedings?

A business valuation determines the medical practice’s worth. Courts consider revenue, goodwill, assets, and debts when deciding whether a spouse is entitled to a share. Having an independent appraiser ensures a fair assessment.

### Can My Spouse Claim Part Of My Medical Practice If They Never Worked In It?

Even if a spouse was not directly involved, they may still claim an interest if marital funds were used for business expenses, loans, or growth. Negotiating a buyout settlement may prevent further litigation.

### Will My Business Partners Be Affected By My Divorce?

If the practice is a partnership or corporation, the divorce may impact ownership shares and financial agreements. Many business entities have operating agreements that restrict the transfer of shares to outside parties, limiting a spouse’s ability to claim ownership.

### Should I Negotiate Or Litigate The Division Of My Medical Practice?

Negotiation is often the best approach to protect a medical practice. Litigation can be costly and disruptive to the business. A settlement that compensates the other spouse without dividing the practice is often the most practical solution.

### Does An Illinois Court Require The Sale Of A Medical Practice In Divorce?

Selling a medical practice is not the preferred solution in most cases. Courts aim to keep businesses intact while ensuring a fair financial outcome. Most divorcing physicians can retain full ownership by offering other marital assets in exchange.

## Contact Our Chicago and Skokie Divorce Law Firm To Discuss Your Case

Divorcing while owning a medical practice requires careful legal planning to protect business interests and financial stability. At Gordon & Perlut, LLC, we help clients develop strategies to keep their medical practice intact while achieving fair settlements.

Contact our [Skokie divorce law firm](https://familylawadvocate.com/divorce/) by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and provide tailored legal solutions for complex divorce matters.

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### [How To Handle Domestic Violence During Divorce In Chicago](https://familylawadvocate.com/how-to-handle-domestic-violence-during-divorce-in-chicago/)

**Published:** March 3, 2025
**Author:** familylawadvocate

**Content:**

Divorce is already an emotional and legal challenge, but when domestic violence is involved, the situation becomes even more complex. The safety of the victim and any children involved must be the top priority. Domestic violence can impact the outcome of divorce proceedings, including child custody, spousal support, and property division. Illinois law provides strong protections for victims, allowing them to seek restraining orders, emergency custody, and financial support to help them move forward safely.

Under the Illinois Domestic Violence Act ([750 ILCS 60/101 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K101)), domestic violence includes physical abuse, harassment, intimidation, interference with personal liberty, and threats. Courts take allegations of abuse seriously, and evidence of domestic violence can influence a judge’s decisions on custody, visitation, and spousal support. Knowing your legal rights and taking the proper steps can protect you and your family during the divorce process.

## Seeking A Protective Order

Victims of domestic violence can petition the court for an Order of Protection under [750 ILCS 60/201](https://ilga.gov/legislation/ilcs/documents/075000600K201.htm). This court order can:

- Prohibit the abusive spouse from contacting or coming near the victim and children.
- Grant temporary custody to the non-abusive spouse.
- Require the abuser to leave the marital home.
- Restrict the abuser’s access to firearms.
- Provide financial support or payment for losses caused by the abuse.

Orders of Protection can be obtained quickly in emergency situations and remain in place throughout the divorce case. Violating a protection order can result in criminal charges for the abuser.

## Domestic Violence And Child Custody

Illinois courts prioritize the best interests of the child in custody cases under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7). A history of domestic violence can impact parental decision-making rights and parenting time. If the abusive parent poses a threat to the child’s safety, the court may:

- Grant sole parental responsibility to the non-abusive parent.
- Require supervised visitation for the abusive parent.
- Deny parenting time altogether if the child’s safety is at risk.

If there is documented abuse, it is critical to present evidence such as police reports, medical records, text messages, and witness testimony.

## Domestic Violence And Spousal Support

A spouse who has suffered abuse may be eligible for spousal maintenance under [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). Courts consider the impact of the abuse when determining whether financial support is necessary. In some cases, economic abuse—such as preventing the victim from working or controlling all financial assets—may be considered in support decisions.

## Domestic Violence Frequently Asked Questions

### What Should I Do If My Spouse Has Been Abusive During The Marriage?

Seek an Order of Protection immediately and document all instances of abuse. Notify your attorney so they can take appropriate legal action to protect you and your children.

### Can Domestic Violence Impact Property Division In A Divorce?

Yes, while Illinois is an equitable distribution state under 750 ILCS 5/503, courts may consider abusive behavior when dividing assets, especially if the abuser financially controlled or harmed the victim.

### How Can I Prove Domestic Violence In My Divorce Case?

Evidence such as police reports, medical records, restraining orders, text messages, voicemails, and witness statements can help establish a pattern of abuse.

### Can My Abusive Spouse Get Custody Of Our Children?

Courts prioritize the child’s safety under 750 ILCS 5/602.7. If there is evidence of abuse, the court may limit or deny custody and visitation rights to protect the child.

### What If My Spouse Violates A Protection Order?

Violating an Order of Protection can be a criminal offense. Report the violation to law enforcement immediately. The abuser could face fines, jail time, or further legal restrictions.

### Do I Have To See My Abusive Spouse In Court?

Protective measures can be requested to avoid direct confrontation in court, such as virtual hearings or separate waiting areas.

### Can I Stay In The Marital Home If I File For Divorce Due To Abuse?

Yes, an Order of Protection can remove the abusive spouse from the home and allow you to remain in the residence for safety reasons.

## Speak With Our Dedicated Skokie Divorce Attorneys Today

If you are facing domestic violence during your divorce, legal help is available. At Gordon & Perlut, LLC, we are committed to protecting your rights and ensuring your safety. Our team will fight for the legal protections you need and the best possible outcome in your case.

Contact our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and are ready to stand by your side.

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### [Incorporating Special Needs Considerations In Your Skokie Parenting Plan](https://familylawadvocate.com/incorporating-special-needs-considerations-in-your-skokie-parenting-plan/)

**Published:** February 24, 2025
**Author:** familylawadvocate

**Content:**

Developing a parenting plan for a child with special needs requires additional considerations to address the child’s well-being. A traditional parenting plan might not account for the unique medical, educational, and emotional requirements of a child with disabilities. Parents must create a comprehensive plan that supports the child’s daily care, therapy needs, and future planning. Illinois law requires that custody and visitation decisions prioritize the best interests of the child under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), which applies to children with special needs as well.

An effective parenting plan states all of the responsibilities related to medical care, education, and financial support. Children with special needs need a structured routine, specialized schooling, and regular medical treatment. These issues should be addressed in the parenting plan. Courts recognize that flexibility is necessary, but the plan must also ensure that both parents meet their obligations. Working with a parenting plan attorney helps to avoid disputes and protect the child’s long-term needs.

## Key Considerations For Parenting Plans Involving Special Needs Children

### Medical And Therapy Decisions

A child with special needs may require ongoing medical care, therapies, or specialized treatments. The parenting plan should address the following:

- Who makes major medical decisions under [750 ILCS 5/602.5](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-5/).
- How therapy appointments and medications will be managed.
- Who will cover medical expenses not included in child support.

### Educational Support And Special Services

Many children with disabilities require Individualized Education Programs (IEPs), specialized instruction, or additional accommodations. The plan should establish:

- Which parent will oversee educational decisions.
- How school transportation will be handled.
- Responsibilities for attending school meetings and therapy sessions.

### Custody Schedules And Stability

Transitions between homes are difficult for children who suffer from sensory processing issues, autism, or other conditions. Parents should consider:

- A consistent, structured routine to minimize disruptions.
- Minimizing unnecessary changes in caregiving.
- Adjusting schedules to accommodate medical and therapy appointments.

### Financial Planning And Support

Children with disabilities may require long-term financial support, even beyond childhood. The parenting plan should clarify the following:

- Whether additional child support is necessary for medical or therapy costs.
- How parents will contribute to future expenses, such as adult caregiving.
- Whether a special needs trust should be established.

## Illinois Parenting Plan Frequently Asked Questions

### How Does Illinois Law Handle Child Custody For Children With Special Needs?

Illinois law prioritizes the best interests of the child under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), which includes medical, emotional, and educational needs. Courts consider these factors when determining parental responsibilities and decision-making.

### Can Child Support Be Adjusted For A Child With Special Needs?

Yes, under [750 ILCS 5/505](https://hfs.illinois.gov/content/dam/soi/en/web/hfs/childsupport/documents/102811csac_505.pdf), courts can modify child support to cover additional medical, therapy, or educational costs required for a child with disabilities.

### What Happens When A Special Needs Child Turns 18?

If a child remains dependent due to a disability, Illinois law under [750 ILCS 5/513.5](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513.5) allows courts to extend financial support beyond childhood. Parents may also consider guardianship or setting up a special needs trust.

### How Do Parenting Plans Address Medical Decision-Making?

A parenting plan should specify who will make major medical decisions and how parents will share responsibilities for appointments, medications, and insurance coverage.

### Can A Child With Special Needs Live Primarily With One Parent?

Yes, if one parent can provide a more stable environment for the child, the court may award primary residential custody under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7) while ensuring the other parent remains involved.

### How Can Parents Modify A Parenting Plan If Their Child’s Needs Change?

If a child’s medical or educational needs evolve, parents can petition the court to modify the parenting plan under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm) to reflect updated caregiving requirements.

### Can A Special Needs Child Receive Government Benefits While Receiving Child Support?

Parents should consult an attorney about structuring child support payments to avoid interfering with Supplemental Security Income (SSI) eligibility. A special needs trust may be a solution.

## Call Our Chicago and Skokie Parenting Plan Attorneys For A Free Phone Consultation

Creating a comprehensive parenting plan for a child with special needs requires careful legal planning. At Gordon & Perlut, LLC, we help parents develop clear and effective parenting agreements that meet their child’s needs and comply with Illinois law.

Contact our [Skokie parenting plan attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We serve clients throughout Illinois, helping parents protect their children’s future with thoughtful and legally sound parenting plans.

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---

### [Addressing Gray Divorces and Late-Life Dissolutions](https://familylawadvocate.com/addressing-gray-divorces-and-late-life-dissolutions/)

**Published:** February 17, 2025
**Author:** familylawadvocate

**Content:**

The rate of “gray divorce”—divorce among individuals aged 50 and older—has been rising in the United States, particularly among Baby Boomers.

## Gray Divorce Statistics

- [In 2022, 15% of people aged 65 and older were divorced](https://www.bgsu.edu/ncfmr/resources/data/family-profiles/marital-status-distribution-of-u-s--adults-aged-65-and-older--19.html), an increase from 5% in 1990.
- In 2019, 36% of individuals going through divorce were aged 50 or older, with 9% being at least 65 years old.
- The rate of gray divorce doubled from 1990 to 2010, but has plateaued over the past decade.
- There was a slight decline in the rate of gray divorce during the pandemic.
- [Women initiate more than 60% of gray divorces](https://ftm.aamft.org/gray-divorce-splitting-up-in-later-life/).

### Factors Contributing to Gray Divorce

-  The aging population of Baby Boomers.
- Economic progress made by women entering the workforce.
- Changing attitudes toward marriage.

### Impact of Gray Divorce

- Gray divorce can be financially burdensome, especially for women.
- It can also impact emotional health; however, older adults typically recover after several months.

### Related Research

A 2022 study published in \*The Journals of Gerontology\* found that the[ rate of gray divorce for adults over age 65 tripled from 1990 to 2019](https://academic.oup.com/psychsocgerontology/article-abstract/67/6/731/614154?redirectedFrom=fulltext&login=false).

Gray divorces—divorces that occur later in life—are becoming increasingly common in Illinois and across the country. Couples who have been married for decades often face unique challenges when deciding to dissolve their marriage. These divorces often involve complex issues such as dividing long-held assets, addressing retirement accounts, and determining spousal maintenance. At Gordon & Perlut, LLC, we understand the sensitivities and legal complexities of late-life dissolutions and are committed to helping clients achieve fair and equitable outcomes.

Illinois law, governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086)), provides specific guidelines for property division, spousal support, and other matters that arise during a divorce. Gray divorces usually involve financial considerations, including spousal maintenance, property division, and the division of retirement benefits.

## Key Legal Considerations In Gray Divorces

### 1. Division Of Marital Assets And Debts

In Illinois, marital property is divided equitably, not equally. Illinois courts will consider several factors, including the length of the marriage, each spouse’s financial needs, and their contributions to the marital estate, to ensure a fair distribution. Retirement accounts, pensions, and real estate often require detailed analysis to determine their value and how those assets should be divided under [750 ILCS 5/503 et seq](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm).

### 2. Addressing Retirement And Social Security Benefits

Retirement accounts such as IRAs, 401(k)s, military retirements and pensions accumulated during the marriage are classified as marital property and will be divided equitably. A Qualified Domestic Relations Order (QDRO) might be necessary to divide these accounts without incurring penalties.

### 3. Determining Spousal Maintenance

Spousal maintenance may be awarded in cases where one spouse requires financial support to maintain their standard of living. The court considers factors such as the length of the marriage, the age and health of the spouses, and their earning capacities when determining maintenance under [750 ILCS 5/504 et seq](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm).

### 4. Health Insurance And Medical Expenses

Health insurance is an important concern in gray divorces, especially when one spouse relies on the other for coverage. The availability and cost of health insurance post-divorce will impact divorce settlement negotiations.

### 5. Estate Planning Considerations

Divorce often requires updating estate planning documents such as wills, trusts, and powers of attorney. Ensuring that your estate plan reflects your new circumstances is an essential part of the process.

## Illinois Gray Divorce Frequently Asked Questions

### How Is Marital Property Divided In A Gray Divorce?

Marital property is divided equitably in Illinois, meaning the court considers factors such as the length of the marriage, contributions of each spouse, and future financial needs. Assets like retirement accounts, pensions, and real estate are evaluated carefully to ensure a fair division.

### What Happens To Retirement Accounts In A Late-Life Divorce?

Retirement accounts accumulated during the marriage are considered marital property and must be divided equitably. A QDRO may be required to divide these accounts without incurring penalties. The court will ensure the division aligns with Illinois law.

### Can I Receive Spousal Maintenance After A Long-Term Marriage?

Spousal maintenance is often awarded in cases of long-term marriages where one spouse has a financial need, and the other has the ability to pay. The court evaluates factors such as the length of the marriage, each spouse’s earning potential, and their standard of living under 750 ILCS 5/504.

### What Should I Do About Health Insurance After A Divorce?

If you rely on your spouse’s health insurance, you may need to explore COBRA coverage, private insurance, or Medicare options, depending on your circumstances. These costs should be considered during settlement negotiations to ensure financial stability.

### How Can I Protect My Interests During A Gray Divorce?

Working with a divorce attorney is very important. Your attorney will help identify and value assets, negotiate settlements, and ensure that your rights are protected throughout the process. Proper documentation and a clear understanding of Illinois divorce law are essential.

### Will My Social Security Benefits Be Affected By A Divorce?

Social Security benefits are governed by federal law, but you may still qualify for spousal benefits based on your ex-spouse’s earnings if the marriage lasted at least 10 years. This can provide financial support after divorce, especially in retirement.

## Call Our Chicago Divorce Attorneys For Your Free Phone Consultation

Gray divorces and late-life dissolutions require careful planning and legal guidance to ensure a fair outcome. At Gordon & Perlut, LLC, we are dedicated to helping individuals navigate the complexities of these divorces while protecting their financial future. Whether you’re dividing assets, negotiating spousal maintenance, or addressing retirement accounts, we are here to support you every step of the way.

Contact our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We proudly represent clients throughout Illinois and are committed to achieving the best possible outcome for your divorce.

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### [Temporary Relief Orders: Getting Support Before the Divorce Is Final](https://familylawadvocate.com/temporary-relief-orders-getting-support-before-the-divorce-is-final/)

**Published:** February 10, 2025
**Author:** familylawadvocate

**Content:**

The divorce process can leave one or both parties in need of immediate financial or legal support before the final decree is issued. In Illinois, [temporary relief orders](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000460HArt.+5&ActID=3638&ChapterID=0&SeqStart=4000000&SeqEnd=4300000) provide a way to address critical issues such as spousal maintenance, child support, and parenting arrangements while the divorce is pending. Temporary relief orders help make sure that the financial and emotional needs of the parties and their children are met during this transitional period. At Gordon & Perlut, LLC, we understand how important these temporary measures can be for protecting your rights and stability.

Temporary relief orders are governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/501](https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm)), which allows either spouse to request temporary relief from the court. These orders are intended to provide short-term solutions until the final terms of the divorce are determined. Whether you need financial assistance, custody arrangements, or exclusive possession of the marital home, temporary relief orders are designed to address these urgent needs.

## What Temporary Relief Orders Can Cover

**1. Child Support And Parenting Arrangements**

Temporary relief orders can establish child support payments and parenting schedules to ensure the well-being of children during the divorce process. Courts prioritize the best interests of the child, considering factors such as the child’s needs and each parent’s financial ability to contribute.

**2. Spousal Maintenance**

If one spouse needs financial support to meet their basic needs, the court might grant temporary spousal maintenance. Temporary spousal maintenance is based on factors like the requesting spouse’s income, the standard of living during the marriage, and the ability of the other spouse to pay.

**3. Exclusive Possession Of The Marital Home**

In cases where living arrangements become contentious, one spouse may request exclusive possession of the marital home. This type of temporary relief order will help provide stability and safety, particularly if children are involved or if there is a history of domestic conflict.

**4. Payment Of Marital Debts And Expenses**

Temporary orders can also require one spouse to contribute to household bills, mortgage payments, or other shared expenses to prevent financial hardship during the divorce.

## The Process For Requesting Temporary Relief

1. **Filing A Motion** – To obtain a temporary relief order, you must file a motion with the court. This motion outlines the specific relief you are requesting and provides evidence to support your claim.
2. **Attending A Hearing** – The court will schedule a hearing where both parties can present their arguments. You must provide documentation, such as financial records, to demonstrate your need for temporary relief.
3. **Issuance Of The Order** – Based on the evidence and arguments presented, the court will issue a temporary relief order that remains in effect until the court finalizes or modifies the divorce.

## Why Temporary Relief Orders Are Critical

Temporary relief orders ensure that immediate needs are met while protecting the rights of both parties. Without these temporary relief orders, one spouse may face financial strain, or children may be left without a clear parenting schedule. Temporary relief orders also set a framework for resolving disputes and maintaining stability during the divorce process.

## Temporary Relief Order Frequently Asked Questions

### How Do I Request A Temporary Relief Order In Illinois?

To request a temporary relief order, you must file a motion with the court under 750 ILCS 5/501. The motion should outline the relief you need and include evidence, such as financial statements or documentation of parenting concerns. The court will then schedule a hearing to review your request.

### Can Temporary Relief Orders Be Modified?

Yes, temporary relief orders can be modified if circumstances change. For example, if one party’s income decreases significantly or if the existing parenting arrangement no longer serves the child’s best interests, the court may modify the order upon request.

### How Long Do Temporary Relief Orders Last?

Temporary relief orders remain in effect until the final divorce decree is issued or until the court modifies or terminates the order. These orders are designed to address immediate needs and are not intended to be permanent solutions.

## Call Our Chicago Parenting Plan Attorneys For A Free Phone Consultation

Temporary relief orders are essential for addressing immediate needs during a divorce. At Gordon & Perlut, LLC, we are committed to helping you secure the support and stability you need during this challenging time. Whether you require financial assistance, parenting arrangements, or exclusive possession of the marital home, our attorneys are here to guide you through the process.

Contact our [Skokie parenting plan attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We serve clients throughout Illinois and are ready to provide the legal guidance you need to protect your rights and secure a fair outcome.

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### [Parental Alienation and Its Impact on Custody Determinations](https://familylawadvocate.com/parental-alienation-and-its-impact-on-custody-determinations/)

**Published:** February 3, 2025
**Author:** familylawadvocate

**Content:**

Parental alienation can significantly influence custody decisions in Illinois. When one parent attempts to manipulate a child into rejecting the other parent, it can damage the parent-child relationship and affect the court’s view of the alienating parent. Illinois courts view this type of behavior as undermining the best interests of the child, which is the primary standard courts use when determining custody and parenting time. Understanding how parental alienation is addressed under Illinois law can help you protect your parental rights and your child’s well-being.

Illinois courts aim to ensure that both parents maintain strong and meaningful relationships with their children after divorce. Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), the Illinois Marriage and Dissolution of Marriage Act outlines factors the court considers when allocating parenting time and decision-making responsibilities. Parental alienation is in direct conflict with these principles since the behavior damages the child’s relationship with their parent, potentially leading to long-term emotional harm.

## Recognizing Parental Alienation

Parental alienation occurs when one parent engages in behaviors that [intentionally harm](https://www.webmd.com/mental-health/signs-parental-alienation) the child’s relationship with the other parent. This may include:

- Speaking negatively about the other parent in front of the child
- Preventing communication between the child and the other parent
- Encouraging the child to choose sides in parental conflicts
- Falsely accusing the other parent of neglect or abuse

These behaviors can create hostility or fear in the child, leading them to reject the targeted parent, even without justification.

## Legal Implications Of Parental Alienation

Illinois law instructs courts to prioritize the child’s best interests when determining parenting time and decision-making responsibilities. Parental alienation undermines the child’s well-being. Parental alienation can lead to court intervention. Under [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm), courts have the authority to order remedies to address harmful parenting behaviors, including:

- Modifying parenting time to reduce the alienating parent’s influence
- Requiring counseling for the child or parents to repair damaged relationships
- Imposing penalties for false allegations or repeated violations of parenting orders

When parental alienation is proven, it can significantly affect the court’s allocation of parenting time and responsibilities.

## How Illinois Courts Handle Parental Alienation

To address claims of parental alienation, Illinois courts rely on evidence that demonstrates harmful behaviors. This evidence may include:

- Testimony from witnesses, such as teachers or family members, about the child’s behavior
- Documentation of communication interference, such as blocked phone calls or withheld visitation
- Expert evaluations from psychologists or counselors

If the court decides that parental alienation is occurring, it will take appropriate action to protect the child and make sure there is a healthy relationship with both parents.

## Protecting Your Parental Rights

If you believe you are a victim of parental alienation, it is important to act quickly. Document incidents of alienating behavior and consult with an experienced attorney who can help you present your case in court. Our legal team will work with you to gather evidence, advocate for your parental rights, and promote the best interests of your child.

## Parental Alienation Frequently Asked Questions

### What Is Parental Alienation?

Parental alienation occurs when one parent uses behaviors to harm the child’s relationship with the other parent. This can include negative comments about the other parent, discouraging communication, or falsely accusing the other parent of wrongdoing.

### How Does Parental Alienation Affect Custody Decisions In Illinois?

Parental alienation can influence custody decisions because it undermines the child’s best interests, which are central to Illinois law under 750 ILCS 5/602.7. Courts may reduce the alienating parent’s time or responsibilities to protect the child’s well-being.

### What Evidence Is Needed To Prove Parental Alienation In Court?

Evidence may include witness testimony, documentation of interference with parenting time, or expert evaluations. Courts often consider the overall impact on the child’s behavior and the parent-child relationship.

### Can Parental Alienation Lead To Changes In Custody Or Parenting Time?

Yes, if the court determines that parental alienation is harming the child, it may modify custody or parenting time under [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm). The court may also require counseling or impose penalties on the alienating parent.

### What Should I Do If I Believe I Am A Victim Of Parental Alienation?

Document incidents of alienating behavior, such as negative comments or interference with parenting time, and consult an attorney immediately. Legal guidance can help you protect your rights and address the issue in court.

### How Can The Court Help Repair My Relationship With My Child?

Courts may order counseling or therapy to address the damage caused by parental alienation. They may also adjust parenting time to ensure the child has a meaningful relationship with both parents.

## Call Our Chicago and Skokie Parental Alienation Attorneys For Your Free Phone Consultation

Parental alienation can have devastating effects on both children and parents. If you believe parental alienation is affecting your custody case, we are here to help. At Gordon & Perlut, LLC, we are dedicated to protecting your parental rights and promoting the well-being of your children.

Contact our [Skokie parental alienation attorneys](https://familylawadvocate.com/divorce/visitation/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We represent clients throughout Illinois and are here to help you address parental alienation and secure a custody arrangement that serves your family’s best interests.

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### [Drafting a ‘Right of First Refusal’ Clause in Illinois Parenting Plans](https://familylawadvocate.com/drafting-a-right-of-first-refusal-clause-in-illinois-parenting-plans/)

**Published:** January 28, 2025
**Author:** familylawadvocate

**Content:**

Creating a parenting plan is one of the most important aspects of ensuring a child’s well-being. One important provision often included in Illinois parenting plans is the “[right of first refusal](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.3).” A right of first refusal clause gives one parent the opportunity to care for the child when the other parent cannot during their scheduled parenting time. A right of first refusal clause makes sure that both parents maximize their time with their child, prioritizing the child’s relationship with both parents over third-party care arrangements.

In Illinois, parenting plans are governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/600 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600)), which emphasizes the best interests of the child in legal matters involving children. Including a “right of first refusal” clause supports this principle by encouraging greater parental involvement whenever possible. To be effective, this clause must be drafted with clear and precise language to prevent misunderstandings or conflicts down the line.

## What Is A Right Of First Refusal Clause?

The right of first refusal means that if a parent cannot be with the child during their scheduled parenting time, they must offer the other parent the opportunity to care for the child before seeking a third-party caregiver, such as a babysitter or daycare. For example, if one parent has to work late or travel, they must notify the other parent and give them the option to take over parenting duties during that time.

This provision is not automatically included in every parenting plan. It must be requested and agreed upon by the parties or ordered by the court. Illinois courts often encourage this clause, as it fosters parental involvement and minimizes reliance on third parties.

## Key Elements To Include In A Right Of First Refusal Clause

To make sure that the right of first refusal clause is practical and enforceable, it should include specific details, such as:

- **Minimum Time Threshold** – Define the minimum amount of time the parent must be unavailable for the right of first refusal to apply (e.g., four hours or overnight).
- **Notification Requirements** – Specify how the parent must notify the other parent, including the method (e.g., text, email, phone call) and timeframe for doing so.
- **Response Time** – State how much time the other parent has to accept or decline the opportunity.
- **Exemptions** – Include all exceptions. These exceptions might include things like family emergencies.
- **Transportation Arrangements** – Define who will be responsible for transporting the child to and from the other parent’s home.

## Legal Considerations And Potential Conflicts

While the right of first refusal is advantageous, these provisions can also lead to disagreements if details are not clearly defined. For example, disputes may arise if one parent frequently declines the opportunity or if logistical issues make it difficult to coordinate care. Illinois courts consider the practicality and feasibility of the clause when approving parenting plans.

Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), Illinois courts prioritize the child’s best interests when resolving disputes about parenting plans. This includes evaluating factors such as the child’s relationship with both parents, the parent’s ability to cooperate, and the impact on the child’s routine.

## Contact Our Chicago Parenting Plan Lawyers For Your Free Phone Consultation

Drafting a right of first refusal clause is an important part of creating a comprehensive parenting plan that prioritizes your child’s well-being. At Gordon & Perlut, LLC, we are committed to helping parents in Illinois create parenting plans that work for their families. Our attorneys will ensure your parenting plan is clear, enforceable, and aligned with Illinois law.

Contact our [Chicago parenting plan lawyers](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We proudly represent clients throughout Illinois and are here to help you protect your parental rights and your child’s best interests.

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### [Why You Need An Attorney For An Uncontested Divorce In Chicago](https://familylawadvocate.com/why-you-need-an-attorney-for-an-uncontested-divorce-in-chicago/)

**Published:** January 21, 2025
**Author:** familylawadvocate

**Content:**

Going through a divorce is never easy, even if both parties agree on the major issues involved. In an uncontested divorce, both spouses agree on how to divide property, handle child custody, and address other relevant matters. While this can make the process smoother, it doesn’t mean you should proceed without the help of an attorney. Having our firm by your side ensures that the divorce is completed correctly, legally, and with your best interests protected. Even in an uncontested divorce, legal nuances can complicate matters, and legal representation is necessary to avoid potential issues in the future.

The state of Illinois has specific laws governing divorce, and those laws must be followed carefully to ensure the final agreement is fair and binding. If any part of the divorce process is handled incorrectly, it could result in delays, complications, or even an invalid divorce. That’s why even an uncontested divorce—where both spouses agree on all key matters—still requires the professional guidance of an attorney.

## Understanding Illinois Divorce Law

In Illinois, divorce laws are governed by the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000). The law outlines the procedures and requirements for both contested and uncontested divorces. While the uncontested route is typically more straightforward, it still requires adherence to the legal procedures outlined by the law.

Even if you and your spouse agree on the division of assets, child custody, and other issues, you must still ensure that the divorce is legally sound. An attorney will ensure that the terms of the divorce are fair, comply with the law, and prevent issues down the road. A lawyer’s role is to make sure that all documents are properly filed, that both parties understand their rights, and that the final agreement is enforceable in court.

## Why an Attorney is Necessary for an Uncontested Divorce

1. **Legal Knowledge and Experience** – Divorce laws can be complex, even in uncontested cases. A divorce attorney will know what is required for your divorce to be legally valid. They can help you understand how to properly divide assets and handle other legal matters, such as alimony (maintenance) or child support.
2. **Ensuring Fairness** – Just because a divorce is uncontested doesn’t mean it’s automatically fair to both parties. An attorney will ensure that your rights are protected during the process and that the terms of the divorce agreement are equitable. This is particularly important when it comes to asset division, spousal maintenance, or child support.
3. **Filing and Paperwork** – Divorce involves substantial paperwork, including financial disclosures, property division agreements, and a petition for dissolution. An attorney can help you fill out these forms correctly and ensure they are submitted on time. Missing a filing deadline or submitting incorrect information could delay the process or complicate matters later on.
4. **Avoiding Future Legal Issues** – If the terms of your divorce agreement are not properly structured, legal issues could appear down the road. For example, improperly drafted spousal support agreements could result in future conflicts.
5. **Handling Unexpected Complications** – Unexpected issues can arise. A spouse may change their mind or create obstacles at the last minute. Having an attorney ensures that these issues are handled swiftly, protecting your interests and ensuring a timely resolution.

## Illinois Uncontested Divorce FAQs

### What Is An Uncontested Divorce?

An uncontested divorce is when both spouses agree on all major issues, such as asset division, child custody, and alimony. This type of divorce is typically faster and less expensive than a contested divorce. However, legal assistance is still essential to ensure the process is handled correctly.

### Why Do I Need An Attorney For An Uncontested Divorce If We Agree On Everything?

Even if you and your spouse agree on all terms, it’s important to have an attorney to ensure that the divorce agreement is legally binding, fair, and compliant with Illinois law. An attorney will handle all necessary paperwork and make sure everything is properly filed, reducing the risk of issues in the future.

### What Is The Role Of An Attorney In An Uncontested Divorce?

The attorney’s role in an uncontested divorce is to guide you through the legal process, help with filing documents, ensure that the terms of the divorce agreement are fair and legally valid, and address any potential issues that could arise during the process. They will also represent you in court if necessary.

### How Long Does An Uncontested Divorce Take In Illinois?

An uncontested divorce in Illinois typically takes between two to six months, depending on the court’s schedule and how quickly you and your spouse can reach an agreement. If both parties are prepared and in agreement, the process is usually faster.

### Can I Handle An Uncontested Divorce Without An Attorney?

While it is possible to handle an uncontested divorce without an attorney, it is not recommended. Divorce involves significant legal matters that require attention to detail. Without an attorney, you risk making mistakes that could affect the terms of your divorce or result in future legal complications.

### What If My Spouse And I Have Children?

If you have children, the divorce process becomes more complex. Even in an uncontested divorce, you must address issues such as child custody, child support, and parenting time. An attorney can help ensure that these arrangements are legally sound and in the best interests of your children.

## Call Our Chicago and Skokie Uncontested Divorce Attorneys To Discuss Your Case

If you are considering an uncontested divorce in Chicago, it is important to have the right legal support to protect your interests. At Gordon & Perlut, LLC, we offer experienced and compassionate legal representation to guide you through the divorce process. Our attorneys will ensure that your divorce is handled smoothly, efficiently, and in full compliance with Illinois law.

Contact our [Skokie uncontested divorce attorneys](https://familylawadvocate.com/divorce/fault-no-fault/) at Gordon & Perlut, LLC by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout the Chicago Area, and we are here to help you achieve a fair and peaceful resolution to your divorce.

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**Categories:** Uncontested Divorce Attorney

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### [Mediation - A Peaceful Alternative To Divorce Litigation](https://familylawadvocate.com/mediation-a-peaceful-alternative-to-divorce-litigation/)

**Published:** January 13, 2025
**Author:** familylawadvocate

**Content:**

Divorce is never easy. For many people facing divorce, the thought of a drawn-out legal battle only adds to the emotional stress. Fortunately, [divorce mediation](https://familylawadvocate.com/articles/mediation/) offers a peaceful alternative. Mediation allows both spouses to come together with the help of a neutral third-party mediator to resolve their issues in a collaborative and respectful environment. Mediation is often faster, more affordable, and less adversarial than going to court.

In Illinois, divorce mediation is a valuable tool for couples seeking to end their marriage amicably. It allows them to work through issues such as parenting time, child support, property division, and spousal support without the need for contentious courtroom proceedings. In this article, we’ll discuss the benefits of divorce mediation, how it works, and how it can help you achieve a more peaceful and cooperative resolution to your divorce.

## How Divorce Mediation Works

Divorce mediation involves both spouses meeting with a trained mediator who helps facilitate discussions and negotiations. The mediator’s role is to guide the process, keep communication open, and ensure that both parties have the opportunity to express their needs and concerns. Mediators cannot provide legal advice. They can help couples understand the issues at hand and explore possible solutions that work for both sides.

Another benefit of mediation is that it is voluntary. Both parties need to agree to participate in mediation. Moreover, either party can leave the mediation process at any time. Unlike traditional divorce litigation, mediation is typically more flexible and allows for creative solutions tailored to the couple’s unique circumstances.

Mediation can cover a wide range of divorce-related issues, including:

**Parenting Time and Custody** – The mediator helps the couple reach agreements on how to share time with their children and make decisions about their care and well-being.

**Child Support** – The mediator helps the parties reach a fair and mutually agreeable child support arrangement based on Illinois law.

**Property Division** – The couple works together to divide assets and debts in a way that is fair to both parties, considering their financial situations and future needs.

**Spousal Support (Alimony)** – If applicable, the mediator helps the couple negotiate a fair spousal support arrangement.

## Legal Ramifications Of Divorce Mediation In Illinois

Illinois law encourages divorce mediation as a means of resolving divorce-related issues. According to the Illinois Marriage and Dissolution of Marriage Act, the court may refer parties to mediation if they are having difficulty reaching agreements. Mediation can be particularly beneficial in cases where children are involved, as it provides a less adversarial environment for parents to collaborate on parenting plans.

Mediation also offers privacy and confidentiality. Things discussed during mediation cannot be used in court should the case proceed to litigation. This makes mediation a safe space for open communication and negotiation.

You should understand that mediation does not result in a final divorce decree. Once an agreement has been reached, the mediator will draft a memorandum of understanding. This memorandum of understanding is then reviewed by both parties’ attorneys. After both parties sign off on the agreement, it can be presented to the court for approval.

## Benefits Of Divorce Mediation

**Cost-Effective** – Mediation is typically much cheaper than going through a lengthy and contested court battle. Both parties share the cost of the mediator, and there is no need for multiple court appearances.

**Faster Process** – Mediation can resolve issues in a matter of weeks, whereas traditional litigation can take months or even years.

**Preserves Relationships** – Mediation fosters communication and cooperation, which can be especially important for couples with children. It helps them work together for the best interests of their family.

**Less Stressful** – Mediation is far less confrontational than litigation. This can reduce emotional strain and allow both parties to move on with their lives more quickly.

## Illinois Divorce Mediation Frequently Asked Questions (FAQs)

### Is Divorce Mediation Mandatory In Illinois?

No, divorce mediation is not mandatory in Illinois. However, courts may encourage or even require mediation in some cases, particularly when children are involved. Mediation is also a voluntary process, meaning that both parties must agree to participate.

### How Does Divorce Mediation Work?

During divorce mediation, both spouses meet with a mediator who helps facilitate discussions and negotiations. The mediator works to ensure that both parties have a chance to express their concerns and helps them find solutions that meet their needs. Mediation can cover a range of issues, including parenting plans, child support, property division, and spousal support.

### What Are The Advantages Of Divorce Mediation Over Litigation?

The advantages of divorce mediation include lower costs, faster resolution, and a less adversarial process. Mediation also offers privacy, as discussions are confidential and cannot be used in court if the case moves to litigation. Mediation also promotes cooperation, which is especially beneficial for couples with children.

### Do I Need An Attorney For Divorce Mediation?

While an attorney is not required during the mediation process, it is highly recommended. An attorney can help you understand your rights, review any agreements reached in mediation, and ensure that the final agreement is fair and legally binding. After mediation, your attorney can help you finalize the agreement and present it to the court.

### What Happens If Mediation Doesn’t Work?

If mediation is unsuccessful, the couple can still proceed to litigation. However, mediation often helps parties identify the issues that need to be addressed in court, which can make the litigation process smoother. If mediation fails, the couple may need to go through a contested divorce process, which can be more costly and time-consuming.

## Call Our Chicago and Skokie Divorce Mediation Attorneys To Discuss Your Legal Matter

If you want to avoid the stress and expense of litigation, divorce mediation could be the right option for you. At Gordon & Perlut, LLC, we provide professional divorce mediation services to help couples resolve their issues in a peaceful and efficient manner. Our experienced attorneys will guide you through the mediation process, ensuring that your rights are protected and that you achieve a fair agreement.

Contact our [Skokie divorce mediation attorneys](https://familylawadvocate.com/family-law/mediation/) at Gordon & Perlut, LLC by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and are here to help you find a peaceful resolution to your divorce.

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### [The Differences Between Joint And Sole Custody In Illinois](https://familylawadvocate.com/the-differences-between-joint-and-sole-custody-in-illinois/)

**Published:** January 6, 2025
**Author:** familylawadvocate

**Content:**

When parents separate or divorce in Illinois, one of the most important issues they face is determining the child custody arrangement for their children. Illinois law recognizes two main types of custody: joint custody and sole custody. Both arrangements have significant implications for how decisions about the child’s welfare are made and the time each parent spends with the child. Understanding the differences between these two types of custody can help you make informed decisions about your child’s future.

In Illinois, custody is generally referred to as “[parental responsibilities](https://familylawadvocate.com/divorce/child-custody/)” and “[parenting time](https://familylawadvocate.com/divorce/visitation/).” Parental responsibilities include making important decisions about a child’s life, such as education, health care, and religious upbringing. Parenting time refers to the physical time a parent spends with the child. The courts aim to make decisions that are in the best interest of the child, and they consider a variety of factors to determine which custody arrangement will best support the child’s needs.

## Joint Custody In Illinois

Joint custody means that both parents share in making significant decisions about their child’s life. These decisions include education, healthcare, religion, and extracurricular activities. Although joint custody does not necessarily mean that the child spends equal time with both parents, it does require that both parents have an equal say in these critical matters.

Under Illinois law, joint custody is the preferred arrangement as long as both parents are willing and able to cooperate and make decisions together. According to Illinois Marriage and Dissolution of Marriage Act, [750 ILCS 5/602.1](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), joint custody is possible when both parents are in agreement or when the court believes that the parents can work together in the best interest of the child.

## Sole Custody In Illinois

Sole custody means that one parent has the legal right to make major decisions for the child without the need for input from the other parent. The parent with sole custody typically has primary decision-making authority regarding education, healthcare, and other important aspects of the child’s life.

In Illinois, sole custody is generally only awarded if the court determines that joint custody would not be in the best interest of the child. This could be the case if one parent is unable or unwilling to make decisions cooperatively or if there are concerns about one parent’s ability to care for the child. According to 750 ILCS 5/602.3, the court may grant sole custody when it is shown that the other parent has a history of domestic violence, substance abuse, or other factors that would negatively affect the child’s well-being.

## The Impact Of Custody Arrangements On Parenting Time

While joint custody involves shared decision-making, it does not necessarily mean equal parenting time. Parenting time refers to the time a child spends with each parent, and this is determined separately from the legal custody arrangement. Even if one parent has sole custody, the other parent may still have significant parenting time with the child unless there are specific concerns that justify limiting that time.

Illinois courts prioritize the child’s best interests when determining parenting time, and they consider various factors, including the relationship between the child and each parent, the child’s needs, and the ability of each parent to provide a stable environment.

## Factors Considered By The Court In Custody Decisions

When determining custody arrangements, Illinois courts take into account several factors outlined in [750 ILCS 5/602](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000). These factors include:

- The child’s wishes (depending on their age and maturity).
- The physical and mental health of both parents.
- The relationship between the child and each parent.
- The ability of each parent to cooperate and make decisions together.
- Any history of abuse or neglect by either parent.
- The willingness of each parent to encourage a relationship with the other parent.

## Illinois Parenting Time FAQs

### What Is The Difference Between Joint Custody And Sole Custody In Illinois?

The main difference between joint and sole custody is that in joint custody, both parents share in making decisions about the child’s life, while in sole custody, one parent has the exclusive right to make those decisions. Joint custody is generally preferred when both parents can cooperate, whereas sole custody may be awarded if one parent is unable to make decisions cooperatively or poses a risk to the child’s well-being.

### Can Joint Custody Work If Parents Don’t Get Along?

Joint custody can only work effectively if both parents are able to communicate and make decisions together. If parents are unable to cooperate or frequently disagree, joint custody may not be in the child’s best interest. In such cases, the court may opt for a sole custody arrangement for the child’s benefit.

### What Factors Does The Court Consider When Deciding Custody?

Illinois courts consider several factors when determining custody, including the child’s wishes, the relationship between the child and each parent, the mental and physical health of the parents, and any history of abuse or neglect. The court’s main focus is on what arrangement is in the best interest of the child.

### Can I Request A Change In Custody Or Parenting Time?

Yes, you can request a modification of custody or parenting time if there has been a significant change in circumstances since the original arrangement was made. Common reasons for a change in custody or parenting time include changes in the child’s needs, relocation, or issues involving one parent’s ability to care for the child.

### What Is The Role Of A Child Custody Attorney In Illinois?

A child custody attorney helps a parent understand their rights and responsibilities regarding custody and parenting time. They can help negotiate custody arrangements, represent clients in court, and advocate for the child’s best interests. An experienced attorney will guide you through the legal process and work to achieve the best possible outcome for you and your child.

## Call Our Chicago and Skokie Divorce Attorneys To Discuss Your Legal Matter

We understand the complexities and emotional challenges that come with recovering from financial abuse. Our team at Gordon & Perlut, LLC is dedicated to providing the support and guidance you need during this difficult time. We believe in empowering you with knowledge and advocating fiercely for your rights under Illinois law.

If you’re considering divorce and need guidance on how to protect yourself financially, we encourage you to reach out to us. Contact our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout the Chicago Area, and we’re here to help you take the first steps toward a more secure future.

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**Categories:** Child Custody

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### [How To Create A Parenting Plan That Works For Your Family](https://familylawadvocate.com/how-to-create-a-parenting-plan-that-works-for-your-family/)

**Published:** December 30, 2024
**Author:** familylawadvocate

**Content:**

Creating a parenting plan that works for your family is one of the most important steps in a divorce or separation involving children. A well-structured plan helps ensure that both parents are clear about their responsibilities and helps children adjust to their new family dynamic. Under Illinois law, a parenting plan is a written document that outlines how both parents will share the duties and responsibilities of raising their children after separation or divorce. A parenting plan should include a variety of elements, such as time-sharing schedules, decision-making responsibilities, and other important factors to ensure the well-being of the children.

Illinois law requires parents to [submit a parenting plan](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10) as part of the divorce process when the couple has minor children. The court can approve the plan, suggest changes, or impose its own plan if the parents cannot agree. The goal is to create a parenting arrangement that prioritizes the child’s best interests while maintaining flexibility for both parents. Here’s how to create a plan that works for your family.

## Key Components Of A Parenting Plan In Illinois

When drafting a parenting plan in Illinois, there are several key elements to consider. First and foremost, Illinois law focuses on the child’s best interests, as outlined in [750 ILCS 5/602.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm). This statute provides guidelines that judges use when reviewing and approving parenting plans. These elements may include:

- **Parenting Time Schedule** – One of the most crucial parts of any parenting plan is the schedule that outlines when each parent will have physical custody of the child. This can include a shared parenting time arrangement, where both parents have equal time with the child or a primary custodial arrangement with visitation for the other parent. The schedule should be realistic and workable for both parents, taking into account the child’s age, school schedule, and extracurricular activities.
- **Parental Responsibilities** – This refers to the parents making important decisions regarding the child’s upbringing, including decisions about education, health care, religion, and extracurricular activities. According to 750 ILCS 5/602 (a), decisions about parental responsibilities should be shared when possible. However, if one parent is given the sole responsibility for making decisions, this should be clearly stated in the parenting plan.
- **Communication and Dispute Resolution** – Clear communication between parents is key to co-parenting success. Your parenting plan should outline how both parents will communicate with each other regarding the child’s needs and any changes in the parenting time schedule. It is also a good idea to include a method for resolving conflicts, such as mediation, in case disagreements arise.
- **Child Support** – Child support is a separate matter from the parenting plan. However, it’s important to establish how financial responsibilities will be handled. If there are financial concerns, these should be addressed either in the plan or through a separate agreement. Child support obligations are determined based on the income of both parents and the amount of time the child spends with each parent.

## How To Ensure Your Parenting Plan Is Successful

The key to a successful parenting plan is flexibility and cooperation. It is important to establish a clear schedule, set rules, and allow for adjustments as the child grows. Keeping an open line of communication and putting the child’s best interests first will make it easier to work together as co-parents.

It’s also important to recognize that a parenting plan is not set in stone. As the child grows and their needs change, it may be necessary to revise the plan. Illinois law provides mechanisms to modify parenting plans if circumstances change, such as relocation or changes in the child’s needs.

### Illinois Parenting Plan Frequently Asked Questions (FAQs)

### What Is A Parenting Plan In Illinois?

A parenting plan in Illinois is a written document that outlines how parents will share the responsibilities of raising their children after a divorce or separation. It addresses issues such as time-sharing schedules, decision-making responsibilities, and other matters related to the child’s welfare.

### Does Illinois Require A Parenting Plan?

Yes, Illinois law requires parents to submit a parenting plan when there are minor children involved in a divorce. If the parents cannot agree on a plan, the court may step in and create one for them based on the child’s best interests.

### What Should Be Included In A Parenting Plan?

A comprehensive parenting plan should include the following elements:

- Parenting time schedule
- Allocation of parental responsibilities (e.g., education, health care)
- Communication and dispute resolution procedures
- Child support arrangements (if applicable)

### Can A Parenting Plan Be Modified In Illinois?

Yes, parenting plans can be modified in Illinois. If there is a significant change in circumstances, such as a parent’s relocation or changes in the child’s needs, either parent can request a modification to the plan. The court will evaluate the request based on what is in the best interest of the child.

### What Happens If Parents Can’t Agree On A Parenting Plan?

If parents cannot agree on a parenting plan, the court will intervene. The judge will consider the child’s best interests and may impose a plan that is fair and reasonable based on the circumstances. The court will look at factors like the parents’ relationship with the child, the child’s needs, and the parents’ ability to co-parent effectively.

### How Can A Lawyer Help With A Parenting Plan?

An experienced family law attorney can assist in creating a parenting plan that addresses your concerns and ensures that the plan is in line with Illinois law. If parents are unable to agree on a plan, a lawyer can represent you in court to advocate for your rights and the best interests of your child.

## Call Our Skokie Parenting Plan Attorneys For A Free Phone Consultation

Creating a parenting plan that works for your family is an important step in ensuring that your child’s needs are met after a separation or divorce. At Gordon & Perlut, LLC, we are here to help you craft a parenting plan that reflects your family’s unique circumstances and protects your child’s best interests.

Contact our [Skokie parenting plan attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC to [schedule a free phone consultation](https://familylawadvocate.com/contact-us/) when you call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We represent clients throughout Illinois and are committed to helping you achieve the best possible outcome for your family.

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### [Recovering From Financial Abuse: Steps To Take Before Divorce In Chicago](https://familylawadvocate.com/recovering-from-financial-abuse-steps-to-take-before-divorce-in-chicago/)

**Published:** December 17, 2024
**Author:** familylawadvocate

**Content:**

Financial abuse is a form of domestic abuse that often goes unnoticed but can have severe implications during a divorce. In the Chicago area, some people find themselves trapped in marriages where one spouse controls all the finances. This can leave the other spouse feeling powerless. Knowing your legal rights and taking proactive steps prior to filing for divorce will make a significant difference in your financial future. Our firm is committed to helping our clients navigate this difficult time by providing guidance on Illinois divorce and spousal maintenance laws that can protect their interests.

## Know The Illinois Divorce Laws That Protect You

Illinois law recognizes financial abuse as a serious issue that can affect divorce proceedings. Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://law.justia.com/codes/illinois/chapter-750/act-750-ilcs-5/)), the court considers the financial situation of both parties when determining spousal maintenance and the division of marital assets. If you’ve been a victim of financial abuse, it’s very important that you document all instances where your spouse has restricted your access to funds, hidden assets, or manipulated financial information.

### Discreetly Gather All Financial Documents

Another important step is to gather all financial documents, including bank statements, tax returns, and investment portfolios. Illinois law requires the full disclosure of assets and liabilities during a divorce. By having this information, you can help make sure there is a fair division of property. You should also discreetly obtain copies of these documents to protect your safety and legal standing.

### Establish Your Bank Account

Establishing your bank account is another important action. This account can serve as a financial safety net and demonstrates your ability to manage finances independently. According to [750 ILCS 5/501](https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm), you may also request temporary relief from the court for spousal support or exclusive possession of certain assets during the divorce process. We can assist in filing the necessary motions to safeguard your financial well-being.

### Consult Our Attorneys

Consulting with a qualified attorney is crucial in cases of financial abuse. We can help you understand your rights and develop a strategy tailored to your situation. Illinois courts may consider the abusive behavior when making decisions about spousal maintenance under [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). By presenting evidence of financial misconduct, we can advocate for a fair outcome that acknowledges the hardships you’ve endured.

Protecting your credit is also very important. Obtain a credit report to check for any debts or accounts opened in your name without your knowledge. Illinois law provides remedies for fraudulent financial activities. Taking control of your financial life before filing for divorce can empower you and lay the groundwork for a more secure future.

## Illinois Spousal Maintenance FAQs

### How Does Illinois Law Handle The Division Of Assets In Cases Of Financial Abuse?

In Illinois, marital property is divided equitably, not necessarily equally, under [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). The court considers several factors, including each spouse’s contribution to the acquisition of marital property, the duration of the marriage, and the economic circumstances of each party. If financial abuse is present, the court may take into account any dissipation of assets or hiding of funds by the abusive spouse, such as extravagant spending, transferring assets to a third party, or underreporting income. We work to uncover any financial misconduct to ensure you receive a fair share of the marital assets.

### Can I Receive Spousal Maintenance If I’ve Been Financially Abused?

Yes, under [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm), the court may award spousal maintenance based on factors such as the income and property of each party, the needs of each party, and any impairment of present and future earning capacity due to domestic duties or delayed education. Financial abuse can impact your earning potential and financial independence. We present evidence of the abuse to advocate for maintenance that supports your transition to financial stability.

### What Legal Steps Can I Take To Protect Myself Financially Before Filing For Divorce?

You can start by gathering all relevant financial documents, opening a separate bank account, and obtaining a credit report. It’s also advisable to consult with an attorney to understand your rights and options. Under [750 ILCS 5/501](https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm), you may file for temporary relief for spousal support or exclusive possession of assets. We help you take these steps while ensuring that your actions comply with Illinois laws and protect your legal interests.

## Call Our Chicago and Skokie Divorce Attorneys To Discuss Your Legal Matter

We understand the complexities and emotional challenges that come with recovering from financial abuse. Our team at Gordon & Perlut, LLC is dedicated to providing the support and guidance you need during this difficult time. We believe in empowering you with knowledge and advocating fiercely for your rights under Illinois law.

If you’re considering divorce and need guidance on how to protect yourself financially, we encourage you to reach out to us. Contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout the Chicago Area, and we’re here to help you take the first steps toward a more secure future.

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### [How To Discuss Your Divorce With Your Children: Helpful Tips For Parents](https://familylawadvocate.com/how-to-discuss-your-divorce-with-your-children-helpful-tips-for-parents/)

**Published:** December 10, 2024
**Author:** familylawadvocate

**Content:**

Divorce brings several changes to a family’s life, and talking to your children about it can be one of the most sensitive tasks you’ll face. Children often experience a range of emotions, including confusion, fear, or guilt. Therefore, it’s important that you address their feelings in a caring and thoughtful way that also helps them through this difficult time. Clear and compassionate communication during such transitions. Let’s now discuss a few practical tips on how to discuss your divorce with your children while considering the legal implications under Illinois law.

## Understanding The Legal Framework In Illinois

Before starting the conversation, it’s helpful to understand how Illinois law addresses child-related issues during a divorce. The Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://law.justia.com/codes/illinois/chapter-750/act-750-ilcs-5/)) governs divorce proceedings, including matters related to parenting plans and the allocation of parental responsibilities.

Under [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm), parents are required to submit a parenting plan that outlines how they will share significant decision-making responsibilities and parenting time. Parenting plans should reflect the best interests of the child, as defined by [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7). For example, the Illinois Marriage and Dissolution of Marriage Act considers the child’s emotional needs. That is why reinforcing your commitment to the best interests of your child is important. These statutes can also guide you in discussing future arrangements with your children.

## Tips For Discussing Divorce With Your Children

1. **Plan the Conversation Together** – It’s beneficial for both parents to talk to the children together if possible. Presenting a united front can provide a sense of stability. Before the discussion, agree on the key points to cover to avoid confusion or conflicting messages.
2. **Use Age-Appropriate Language** – Tailor the conversation to suit your children’s ages and maturity levels. For instance, you might say, ‘Mom and Dad have decided to live in different houses, but we both still love you very much.’ younger children may need simple explanations, while older ones might require more detailed information. Be honest, but avoid sharing unnecessary details about marital conflicts.
3. **Reassure Them of Your Love** – Emphasize that both parents will continue to love and support them. Make it clear that the divorce is not their fault. Under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), the law considers the child’s emotional needs, so reinforcing your commitment is important.
4. **Be Open to Questions** – Encourage your children to express their feelings and ask questions. Listen attentively and answer honestly, keeping in mind the legal arrangements that might affect their daily lives.
5. **Explain the Changes Ahead** – Discuss any immediate changes they can expect, such as living arrangements or school transitions. Referencing your proposed parenting plan under [750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm) can provide clarity about how parenting time will be divided.
6. **Maintain Routine and Stability:** Consistency is key to helping children feel secure during a divorce. Whenever possible, maintain their regular schedules and routines. This approach aligns with the child’s best interests standard in [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), and it will reassure you that you are providing a stable environment for your children.
7. **Avoid Blame and Negative Remarks** – Keep the conversation focused on the future rather than past conflicts. Negative comments about the other parent can harm your children’s well-being and may affect custody considerations under Illinois law.
8. **Seek Professional Support if Needed** – If your children are struggling, it’s important to consider involving a child psychologist or counselor. Professional support can provide them with additional coping strategies and give you the reassurance that you are doing everything you can to support them during this difficult time.

We understand that discussing divorce with your children is a challenging and emotional task. Our team at Gordon & Perlut, LLC is here to support you through this difficult time. We are committed to helping you create a parenting plan that prioritizes your children’s well-being and complies with Illinois law.

## Contact Our Chicago and Skokie Divorce Lawyers To Schedule A Consultation

If you need assistance or have questions about how to approach this conversation, we encourage you to reach out. Please contact our [Skokie divorce lawyer](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling our Chicago office at [312-360-0250 ](tel:13123600250)or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout the Chicago Area from our office locations in Chicago and Skokie, Illinois. Together, we can work towards a solution that supports your family during this transition.

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### [The Difference Between Legal And Physical Custody](https://familylawadvocate.com/the-difference-between-legal-and-physical-custody/)

**Published:** December 3, 2024
**Author:** familylawadvocate

**Content:**

Understanding the distinctions between legal and physical custody is important for parents who are facing divorce with children in Illinois. These terms define the rights and responsibilities each parent holds concerning their children after separation. Our firm understands that this can be a difficult time, and our goal is to provide clear information to help you make informed decisions. By understanding the differences between legal and physical custody, you can better advocate for arrangements that serve your family’s best interests.

## The Illinois Marriage And Dissolution Of Marriage Act

In Illinois, the legal framework governing custody matters is outlined in the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://law.justia.com/codes/illinois/chapter-750/act-750-ilcs-5/)). Legal custody, known as the allocation of parental responsibilities, refers to a parent’s authority to make significant decisions about their child’s life. This includes choices related to education, healthcare, religion, and extracurricular activities. Physical custody, referred to as parenting time, pertains to where the child lives and the day-to-day care they receive.

The court’s primary concern in custody cases is the best interests of the child, as specified in [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7) and [750 ILCS 5/602.8](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.8.htm#:~:text=(a)%20A%20parent%20who%20has,finds%2C%20after%20a%20hearing%2C%20that). Factors considered include each parent’s wishes, the child’s needs, the relationship between the child and each parent, and the child’s adjustment to home, school, and community. Our Skokie and Chicago area parenting plan attorneys help parents understand how these factors can influence the court’s decisions and assist them in presenting a compelling case for their desired custody arrangement.

## “Joint” Versus “Sole” Legal Custody

Joint legal custody allows both parents to share decision-making responsibilities, requiring cooperation and effective communication. Sole legal custody grants one parent the exclusive right to make major decisions. Similarly, physical custody can be shared, or one parent may have primary custody while the other has scheduled parenting time. We work diligently to develop parenting plans that reflect your family’s unique circumstances and support your child’s emotional and physical needs.

It’s important to note that even if one parent has sole legal custody, the other parent typically retains rights to parenting time unless the court determines that such time would endanger the child’s well-being. Under [750 ILCS 5/603.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm), the court may restrict parenting time if it’s deemed necessary to protect the child. We can guide you through these legal nuances to help establish a custody arrangement that aligns with your child’s best interests.

## Is It Possible To Modify A Custody Agreement After It’s Been Established?

Yes, custody agreements can be modified if there is a significant change in circumstances. Under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm), a parent seeking modification must show that the change is necessary to serve the child’s best interests. The process typically involves filing a petition with the court, providing evidence of the significant change, and attending a hearing. Changes might include relocation, changes in the child’s needs, or changes in a parent’s ability to care for the child. We help evaluate your situation and guide you through the legal process to request a modification.

## Call Our Chicago and Skokie Child Custody Lawyer To Discuss Your Custody Case

Our team at Gordon & Perlut, LLC is dedicated to helping you navigate the challenges of child custody with compassion and professionalism. We are committed to protecting your rights and advocating for a custody arrangement that supports your child’s well-being.

If you need assistance with custody matters or have questions about parenting plans, we encourage you to contact us. Please contact our [Skokie child custody lawyer](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC, [to schedule a consultation](https://familylawadvocate.com/contact-us/) by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We represent clients throughout the Chicago Area from our office locations in Chicago and Skokie, Illinois, and we are here to support you every step of the way.

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**Categories:** Child Custody Lawyer

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### [What to Include in Your Illinois Parenting Plan](https://familylawadvocate.com/what-to-include-in-your-illinois-parenting-plan/)

**Published:** November 25, 2024
**Author:** familylawadvocate

**Content:**

Creating a well-crafted parenting plan in Illinois is a crucial step for parents with minor children who are going through a divorce or separation. This plan, while it may seem overwhelming at first, is the cornerstone for your child’s future. It delineates how you and your child’s other parent will share responsibilities and make decisions for your child. To prevent misunderstandings and ensure your child’s well-being, it’s vital to include all necessary details. Illinois law mandates a comprehensive parenting plan that serves the [best interests of the child](https://familylawadvocate.com/how-parenting-time-in-illinois-is-decided/), and we’re here to guide you on what should be included.

Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/600 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000)), parents are required to file a parenting plan within 120 days after a petition for allocation of parental responsibilities is served. The plan should address significant decision-making responsibilities and parenting time arrangements. They emphasize that a detailed parenting plan can minimize conflicts and provide stability for your child.

## Key Elements To Include In Your Parenting Plan

1. **Allocation of Parental Responsibilities** – Specify how major decisions regarding education, health care, religion, and extracurricular activities will be made. According to 750 ILCS 5/602.5, parents can share these responsibilities or assign them to one parent.
2. **Parenting Time Schedule** – Outline a clear schedule that details when the child will be with each parent. Include weekdays, weekends, holidays, vacations, and special occasions. Refer to [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7) for guidance on establishing a parenting schedule that serves the child’s best interests.
3. **Transportation and Exchange Logistics** – Detail how the child will be exchanged between parents, including pickup and drop-off locations and responsibilities for transportation costs.
4. **Communication Protocols** – Establish guidelines for how parents will communicate about the child and how the child will communicate with the other parent during parenting time.
5. **Right of First Refusal** – Include provisions from [750 ILCS 5/602.3](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.3) that allow a parent the opportunity to care for the child if the other parent needs childcare during their scheduled time.
6. **Dispute Resolution Methods** – Define how disputes regarding the parenting plan will be resolved, such as through mediation or arbitration, before seeking court intervention.
7. **Modification Procedures** – Explain how the parenting plan can be modified in the future. Under [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm), modifications are allowed if they serve the child’s best interests and there has been a significant change in circumstances.
8. **Parental Conduct Guidelines** – Set expectations for behavior to promote a respectful co-parenting relationship, which benefits the child.

We advise that each parenting plan be tailored to your family’s unique needs. This can prevent future conflicts and provide a sense of security for your child. Remember, your family is unique, and your plan should reflect that.

## Illinois Parenting Plan FAQs

### Can A Parenting Plan Be Changed After It’s Approved?

Yes, a parenting plan can be modified. According to [750 ILCS 5/610.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm), you can request a modification if there is a significant change in circumstances and the change benefits the child. They suggest including a modification clause in your original plan to outline how future changes should be handled.

### What Is The “Right Of First Refusal” In Illinois?

The “right of first refusal” means that if a parent needs childcare during

their allotted parenting time (not for work generally, but if a parent has an out of town trip, for example), they must offer the other parent the opportunity to care for the child before seeking outside childcare. This provision, detailed in [750 ILCS 5/602.3](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.3), promotes additional parenting time and can strengthen the parent-child relationship. They believe including this in your plan can be advantageous for all parties involved.

### How Does Illinois Law Determine The Best Interests Of The Child?

Illinois law considers several factors to determine the child’s best interests, as outlined in [750 ILCS 5/602.7(b)](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000). These include the child’s needs, the parent’s wishes, the child’s adjustment to home and school, and the mental and physical health of all parties. They focus on creating a parenting plan that aligns with these factors to support your child’s well-being.

## Contact Our Skokie Parenting Plan Attorney To Discuss Your Case

Gordon & Perlut, LLC understands the importance of a well-crafted parenting plan in securing your child’s future. Our Skokie and Chicago parenting plan attorneys are dedicated to helping you create a plan that meets legal requirements and addresses your family’s unique needs. Our firm is committed to guiding you through this process with compassion and professionalism.

To discuss your parenting plan and ensure it complies with Illinois law, contact our [Skokie parenting plan attorney](https://familylawadvocate.com/divorce/visitation/) at Gordon & Perlut, LLC by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout the Chicago Area from our office locations in Chicago and Skokie, Illinois. Our firm is ready to assist you in creating a parenting plan that serves the best interests of your child.

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### [Factors Illinois Courts Consider When Granting Child Custody](https://familylawadvocate.com/factors-illinois-courts-consider-when-granting-child-custody/)

**Published:** November 18, 2024
**Author:** familylawadvocate

**Content:**

When it comes to child custody matters in Illinois, courts take their responsibility very seriously. We, as experienced Skokie child custody lawyers, understand the complexities that go into these decisions, and it’s essential for parents to know how Illinois courts determine what’s in the best interest of the child. These decisions are not made lightly, as the court examines various factors to ensure the child’s well-being is prioritized. The Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7)) provides a comprehensive framework that guides judges in determining custody arrangements. This process is never about punishing one parent or rewarding the other; it’s always centered on what arrangement best supports the child’s needs, development, and safety.

## The Child’s Best Interest

The overarching principle in any child custody decision is the [best interest of the child](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7). The court looks beyond mere legal arguments, seeking to understand the child’s emotional, mental, physical, and developmental needs. Factors like the child’s adjustment to their home, school, and community play a significant role. The court also considers the child’s wishes, particularly if they are mature enough to express an informed preference. It’s important to note that the child’s preference isn’t the deciding factor but one element in a broader analysis.

## Parental Involvement And Cooperation

Illinois courts want to see that both parents are committed to fostering a healthy relationship with the child. According to [750 ILCS 5/602.7(b)(13)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), the willingness of each parent to encourage a close and continuing relationship between the child and the other parent is a crucial factor. The court examines how each parent has previously participated in decision-making for the child, such as medical care, education, extracurricular activities, and other significant aspects of the child’s life. A history of cooperation or a pattern of obstructing the other parent’s involvement can heavily influence the court’s decision.

## Stability And Continuity

Stability is vital in a child’s life, and courts aim to minimize disruptions. Factors like the duration the child has lived in a particular environment, their school arrangements, and the relationship with extended family members in the community are all considered. Section 750 ILCS 5/602.7(b)(6) addresses how the child’s adjustment to their current living situation can impact the custody decision, ensuring that any changes maintain or improve the child’s stability.

## Mental And Physical Health Of All Parties

The court assesses the mental and physical health of both parents, as well as any other individuals who may significantly impact the child’s life. According to [750 ILCS 5/602.7(b)(7)](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), any physical or mental health issues of a parent that might hinder their ability to care for the child can weigh into the decision. This evaluation isn’t about penalizing parents for health issues but ensuring that the child’s needs are fully supported.

## History Of Domestic Violence Or Abuse

Safety is paramount in any child custody determination. Illinois courts pay close attention to any history of domestic violence or abuse. Under [750 ILCS 5/602.7(b)(12)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), any evidence of physical violence or threat of violence toward the child or another household member will significantly influence the court’s decision. In such cases, the court may take necessary measures to protect the child, which may include supervised visitation or other safety arrangements.

### Willingness To Facilitate And Encourage A Relationship With The Other Parent

Courts highly value a parent’s ability to support the child’s relationship with the other parent, as stated in [750 ILCS 5/602.7(b)(13)](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-602-7/). If one parent is actively trying to alienate the child from the other parent or refuses to cooperate with visitation arrangements, this can negatively impact their custody case.

## FAQs About Child Custody In Illinois

### How Does A Child’s Preference Impact The Custody Decision?

A child’s preference is considered if they are mature enough to express a reasonable opinion. However, their preference is just one of many factors that the court evaluates under [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7). The judge will weigh this preference alongside other aspects to determine the best interest of the child.

### Can A Parent’s Mental Health Impact The Custody Decision?

Yes, the mental and physical health of both parents is a factor the court considers under 750 ILCS 5/602.7(b)(7). However, having a mental health condition doesn’t automatically disqualify a parent from gaining custody. The court evaluates whether the condition affects the parent’s ability to care for the child effectively.

### Does The Court Favor Mothers Over Fathers In Illinois Custody Cases?

No, Illinois law is gender-neutral regarding child custody decisions. The court’s primary concern is the child’s best interest, and both parents have an equal opportunity to obtain custody, regardless of gender.

### What Role Does Domestic Violence Play In Custody Decisions?

Domestic violence is a critical factor. Under 750 ILCS 5/602.7(b)(12), any history of domestic violence or threats can significantly impact custody arrangements, as the court prioritizes the child’s safety above all else.

### How Do Illinois Courts Handle Parental Relocation In Child Custody Cases?

If a parent wishes to relocate with the child, they must provide notice to the other parent and will need to obtain court approval if there is no agreement. The court will consider how the move impacts the child’s best interest and the existing parenting plan, as per 750 ILCS 5/609.2.

## Call Skokie Child Custody Lawyers For Experienced Advocacy

If you’re facing a child custody case in Illinois, it’s essential to have experienced attorneys by your side who understand the complexities of Illinois custody laws. At Gordon & Perlut, LLC, we’re dedicated to protecting your parental rights and advocating for your child’s best interests. To [arrange a consultation](https://familylawadvocate.com/contact-us/) with our [Skokie child custody lawyers](https://familylawadvocate.com/divorce/child-custody/), please call our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101). We proudly serve clients throughout all of Chicago and are here to help you through this challenging time.

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**Categories:** Child Custody Lawyer

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### [The Impact of Remarriage On Alimony in Illinois](https://familylawadvocate.com/the-impact-of-remarriage-on-alimony-in-illinois/)

**Published:** November 12, 2024
**Author:** familylawadvocate

**Content:**

When it comes to alimony, or spousal maintenance, in Illinois, remarriage can have a significant impact on the financial arrangements between former spouses. We often meet clients who are unsure about how their remarriage or their ex-spouse’s remarriage might affect their alimony obligations or entitlements. Illinois law is clear in many respects, but it’s important to understand the specific implications, as these changes can be life-altering. For many, alimony provides essential financial stability after a divorce, so any modification to this support should be approached with a comprehensive understanding of Illinois law.

Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (750 ILCS 5/510(c)), alimony obligations terminate automatically when the recipient spouse remarries. This means that if you’re receiving alimony and decide to remarry, you will no longer be entitled to further payments from your former spouse.

It’s also worth noting that if the paying spouse remarries, this does not alter their obligation to pay alimony. The financial responsibilities remain the same unless a motion is filed to modify the alimony. These changes might include a substantial shift in income, employment status, or health, but remarriage alone isn’t enough to justify altering or ending alimony payments from the paying spouse’s side.

## Terminating Alimony Upon Remarriage

The termination of alimony upon remarriage also applies if the recipient enters into a cohabitation arrangement. Illinois law defines cohabitation as a conjugal relationship where the couple acts similarly to a married couple, even if they aren’t legally married. Factors considered include shared finances, living arrangements, and the length of the relationship. Courts take this seriously and will closely examine the nature of the relationship to determine if alimony should be terminated. In such cases, the paying spouse must file a petition in court to terminate alimony based on cohabitation.

Illinois law is quite strict about enforcing these rules. If an ex-spouse continues to receive alimony after remarrying or entering a cohabiting relationship, the paying spouse has the right to seek reimbursement for any overpaid amounts. This makes it critical for recipients to promptly notify their ex-spouse about changes in their marital or living situation to avoid legal complications and ensure compliance with Illinois law.

## How Does Remarriage Affect Child Support

Another aspect to consider is that remarriage can possibly impact child support calculations, as Illinois uses the Income Shares Model. While alimony and child support are separate matters, the financial resources of both parents are considered when calculating child support obligations. Therefore, if remarriage significantly alters either parent’s financial situation, it may affect the support arrangements.

Ultimately, the impact of remarriage on alimony in Illinois is complex and requires careful analysis. Understanding the legal framework is crucial for both payers and recipients to ensure compliance with the law and avoid financial disputes.

## FAQs About Remarriage And Alimony In Illinois

### How Does Remarriage Affect My Alimony Payments If I Am The Recipient?

In Illinois, your alimony payments will terminate automatically upon remarriage. The law ([750 ILCS 5/510(c)](https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm)) mandates that alimony ends once you remarry, and you must notify your ex-spouse to stop payments. Failure to do so can result in legal action to recover overpaid amounts.

### Can I Stop Paying Alimony If My Ex-Spouse Moves In With A New Partner?

Illinois law allows for alimony termination if the recipient spouse is in a [cohabiting relationship](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000). However, you must file a petition in court to request this change. The court will evaluate factors such as shared finances, living arrangements, and the length of the relationship to determine whether alimony should be terminated.

### What Happens To Alimony If My Ex-Spouse Remarries But Doesn’t Inform Me?

If your ex-spouse remarries and fails to inform you, you have the right to [file a petition to recover any overpaid alimony](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000). Illinois law mandates that alimony terminates upon remarriage, so any payments made after that point are recoverable.

### Will My Alimony Obligations Change If My Ex-Spouse Enters Into A Civil Union Instead Of Remarriage?

Yes, Illinois treats civil unions similarly to marriages regarding alimony. If your ex-spouse enters a civil union, your obligation to pay alimony will cease, just as it would with remarriage. It’s essential to monitor such changes and act accordingly to adjust payments.

### How Does Remarriage Affect Child Support Payments?

Remarriage itself doesn’t directly affect child support payments, but it can indirectly influence the financial circumstances of either parent. If the remarriage significantly alters your or your ex-spouse’s financial situation, you may request a modification of child support based on the change in income or expenses.

### What Should I Do If My Ex-Spouse Is Cohabiting But Refuses To Acknowledge It?

If you believe your ex-spouse is cohabiting in a conjugal relationship, you can gather evidence and file a petition in court to terminate alimony. Courts will assess factors like shared expenses, living arrangements, and the nature of the relationship before making a decision.

## Call Our Alimony Attorneys In Skokie For Exceptional Representation

If you’re facing changes in your alimony due to remarriage or cohabitation, it’s crucial to have experienced legal guidance. At Gordon & Perlut, LLC, we understand the complexities of Illinois alimony law and can help protect your rights. Contact our [alimony attorneys in Skokie](https://familylawadvocate.com/maintenance-aka-alimony/) at Gordon & Perlut, LLC by calling either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). We’re here to assist clients throughout all of Chicago in navigating these life changes and protecting their rights.

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### [Relocation Requests In Illinois Custody Agreements](https://familylawadvocate.com/relocation-requests-in-illinois-custody-agreements/)

**Published:** November 4, 2024
**Author:** familylawadvocate

**Content:**

When parents consider relocating with their child, it can have a profound impact on existing custody agreements. Illinois law acknowledges that such a move can alter the child’s relationship with the other parent and may disrupt established routines. This makes relocation requests a nuanced and often challenging aspect of custody cases. As experienced Chicago relocation attorneys, we understand the critical factors that play a role in these situations. Illinois law aims to balance a parent’s right to relocate with their child and the child’s best interests, which means courts take these matters seriously.

Under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/609.2](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm)), parents wishing to relocate must follow specific procedures, and failure to do so can lead to legal complications, including possible modifications to custody arrangements. Therefore, it’s essential to approach relocation requests with careful consideration and legal guidance. Here’s a closer look at how relocation requests work in Illinois and what parents need to know before making a move.

## Understanding Illinois Relocation Laws

Illinois law sets forth specific guidelines on what constitutes a relocation and how a parent can legally proceed with one. Under [750 ILCS 5/609.2](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm), a parent who has primary physical custody must file a written notice with the court and the other parent before relocating. According to the statute, this notice must be submitted at least 60 days before the planned move unless there are circumstances that prevent this, such as unforeseen job transfers. The law also clearly defines what qualifies as a relocation. For example, if a parent lives in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move over 25 miles is considered a relocation. If the parent lives outside these counties, a move beyond 50 miles triggers the relocation requirement.

### The Process Of Seeking Court Approval

When parents are unable to reach a consensus on relocation, the requesting parent must seek court approval. The court assesses whether the proposed move serves the child’s best interests, considering factors such as the reasons for the relocation, the potential impact on the child’s quality of life, and the feasibility of maintaining a relationship with the non-relocating parent. The court also takes into account any history of domestic violence and the child’s own preferences (if they are mature enough to express them). Illinois law underscores that the relocating parent bears the burden of proof to demonstrate that the move is in [the child’s best interest](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7).

### Modifying Custody Agreements After Relocation

Relocation requests can result in changes to the existing custody arrangements. If a parent has permission to relocate, the court will likely adjust visitation schedules, parenting time, and decision-making roles to account for the distance. This could include using electronic communication, like video calls, to help the non-relocating parent stay connected with the child.

### Potential Consequences Of Unauthorized Relocation

Parents who attempt to relocate without following Illinois’ legal procedures can face serious repercussions. Under Illinois law, unauthorized relocation can lead to the parent being held in contempt of court, and the court may order the child to return to Illinois. Furthermore, unauthorized relocation can adversely affect future custody decisions, as the court may interpret the parent’s disregard for legal processes as not acting in the child’s best interests. Therefore, it’s important to approach any potential move with full awareness of legal obligations and requirements.

## Illinois Child Relocation FAQs

### How Does A Court Determine If A Relocation Is In The Child’s Best Interests?

The court considers various factors outlined in [750 ILCS 5/609.2](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm) when determining if a relocation is in the child’s best interests. These factors include the reasons for the proposed move, the impact on the child’s quality of life, the child’s relationship with both parents, the potential disruption to the child’s education, and any history of domestic violence. The court’s primary focus is always on ensuring the move serves the child’s well-being.

### Can A Parent Relocate Without The Other Parent’s Consent In Illinois?

No, a parent cannot relocate without either the other parent’s consent or court approval. If the non-relocating parent does not agree to the move, the relocating parent must file a petition with the court and obtain approval. Failing to comply with this legal requirement can lead to serious legal consequences, including possible changes to custody arrangements.

### How Long Does The Relocation Process Take In Illinois?

The duration of the relocation process can vary depending on whether both parents agree to the move. If there is mutual agreement, the process can be relatively quick, as the notice is simply filed with the court. However, if there is disagreement, a court hearing is required, which can take several months, depending on the complexity of the case and the court’s schedule.

### What Happens If The Relocating Parent Moves Without Providing Notice?

If a parent relocates without providing the required notice, they can be held in contempt of court, and the court may order the child to be returned to Illinois. This action can also negatively affect the parent’s standing in any future custody or relocation proceedings, as the court may view this behavior as acting against the child’s best interests.

## Call Our Chicago Relocation Attorneys To Discuss Your Case

At Gordon & Perlut, LLC, our attorneys understand that relocation requests can be a challenging and emotional process for families. If you’re considering a move or facing a relocation dispute, contact us today to arrange a consultation. Contact our [Chicago relocation attorney](https://familylawadvocate.com/divorce/children-removal-illinois/) by calling our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout all of Chicago and are committed to helping you find the best solution for your family.

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### [Critical Steps to Take When Contemplating Divorce In Illinois](https://familylawadvocate.com/critical-steps-to-take-when-contemplating-divorce-in-illinois/)

**Published:** October 28, 2024
**Author:** familylawadvocate

**Content:**

Divorce is a difficult life transition, and our role as attorneys is to guide you through it with as much clarity and support as possible. Taking the proper steps early on can significantly impact your case, your financial future, and your family’s well-being. Illinois divorce laws can be intricate, requiring a thorough understanding of legal procedures, asset division, and custody arrangements. If you are contemplating divorce, it is important that you understand your legal rights, responsibilities, and potential case outcomes. We will now discuss the critical steps you should take when contemplating divorce, ensuring you’re well-prepared to make informed decisions.

## Understand The Grounds For Divorce In Illinois

Illinois operates under a “no-fault” divorce system, which means that the only grounds for divorce are “irreconcilable differences” ([750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm)). This standard indicates that the marriage has irretrievably broken down, and attempts at reconciliation have failed. Unlike in the past, there’s no need to prove fault or misconduct by either spouse, making this aspect of the process more straightforward. This approach allows the divorcing spouses to focus on the breakdown of the marriage rather than assigning blame. This is designed to make the process more amicable and less contentious.

### Evaluate Your Financial Situation

One of the most important aspects of any divorce is understanding your financial situation. We always recommend gathering financial documents, including bank statements, tax returns, retirement accounts, and investment portfolios. Illinois follows the principle of “equitable distribution” ([750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050K503.htm)), meaning marital assets are divided fairly, though not necessarily equally. A clear understanding of your finances allows us to advocate for a fair division of property, spousal support, and other financial arrangements.

### Consider Child Custody And Support

For couples with children, addressing child custody and support early on is crucial. Illinois law emphasizes the child’s best interests when determining custody arrangements, now referred to as the “allocation of parental responsibilities” ([750 ILCS 5/602.5](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm)). We work closely with our clients to create a parenting plan that reflects the needs of the children and the capabilities of each parent. Child support calculations in Illinois are based on an “income shares” model ([750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm)), which considers both parents’ incomes and allocates support accordingly.

### Protect Your Assets And Credit

If you’re contemplating divorce, it’s wise to protect your financial interests. Consider closing joint credit accounts and opening individual ones to prevent potential financial issues. This step is crucial to avoid accumulating joint debt during the divorce process. We can assist in creating a strategy to protect your assets, ensuring a smooth transition into your post-divorce financial life.

### Document Everything

Keeping detailed records is essential. Document communications with your spouse, financial transactions, and interactions involving your children. Having organized records can strengthen your case and ensure you have the necessary evidence to support your claims, especially when addressing contested issues like asset division or custody.

### Seek Legal Guidance Early On

Navigating the divorce process can be complex, but having experienced legal guidance from the outset can make a significant difference. Illinois law requires specific procedures, timelines, and paperwork, and working with skilled divorce attorneys ensures you don’t overlook any critical details. We’re here to help you understand your rights, evaluate your options, and advocate for your interests throughout the divorce process, empowering you to take control of your situation.

## FAQs About Divorce In Illinois

### What Is The Residency Requirement For Filing For Divorce In Illinois?

To file for divorce in Illinois, at least one spouse must have lived in the state for at least 90 days before filing ([750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm)). If you meet this requirement, you can file in the county where either spouse resides.

### How Is Marital Property Divided In An Illinois Divorce?

Illinois follows the principle of equitable distribution ([750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050K503.htm)). This means marital property is divided fairly based on factors like the length of the marriage, contributions of each spouse, and future financial needs. Marital property includes assets acquired during the marriage, such as the family home, retirement savings, and joint bank accounts, while non-marital property generally includes assets owned before the marriage or received as gifts or inheritances, like a car owned before the marriage or inheritance received during the marriage.

### What Factors Influence Spousal Maintenance (Alimony) In Illinois?

The court considers several factors when determining spousal maintenance ([750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm)), such as each spouse’s income, earning capacity, age, health, and the standard of living established during the marriage. Illinois law provides guidelines for calculating maintenance, but the court retains discretion to adjust amounts based on individual circumstances.

### How Is Child Support Calculated In Illinois?

Child support is calculated using an income shares model ([750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm)), which considers both parents’ incomes, the number of children, and the amount of parenting time each parent has. The goal is to ensure that the child’s financial needs are met in a manner similar to what they would have experienced if the parents remained together.

### Can We Agree On Our Own Terms For Custody And Support?

Yes, parents can create their own parenting plan and child support arrangements, but the court must approve them to ensure they align with the child’s best interests ([750 ILCS 5/602.10](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm)). We recommend working with an attorney to draft an agreement that protects your rights and is likely to be approved by the court.

## Contact Our Chicago Divorce Attorneys For Exceptional Representation

The divorce process can be overwhelming, but you don’t have to face it alone. At Gordon & Perlut, LLC, we understand Illinois divorce laws and are committed to helping you through every step of the process. If you’re contemplating divorce or have questions about your rights and options, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Our offices are located in Illinois, and we proudly serve clients throughout Northeast Illinois. Let us provide the guidance and support you need during this challenging time.

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### [Addressing Alimony Disputes In Illinois Divorce Cases](https://familylawadvocate.com/addressing-alimony-disputes-in-illinois-divorce-cases/)

**Published:** October 21, 2024
**Author:** familylawadvocate

**Content:**

As a successful Skokie alimony attorney, I have represented many people going through the harsh dynamics of spousal support in divorce cases in Illinois. Alimony, more properly termed maintenance in Illinois, is support money one ex-spouse is compelled to pay to the other following divorce. That specific portion of divorce law is vital due to the fact that your future financial security and lifestyle stand entirely upon it. How Illinois views alimony disputes will make everything clear and help you be prepared for what may be in store.

## Understanding Spousal Maintenance Laws In Illinois

Under the law of Illinois, specifically the Illinois Marriage and Dissolution of Marriage Act, [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm), among the factors to be considered in determining whether maintenance should be awarded are

- the property and income of each party, including marital property apportioned and nonmarital assets assigned to the party seeking maintenance
- the needs of each party
- the present and future earning capacity of each party
- any impairment of the earning capacity of the party seeking maintenance due to domestic duties or delayed education, training, employment, or career opportunities due to the marriage

The law also considers the lifestyle the couple established during the marriage, the length of the marriage, the ages and physical and emotional conditions of the parties, and the tax consequences of the property division in relation to the parties’ respective economic circumstances. It provides that the level and term of support are to be based upon the length of the marriage and the parties’ incomes.

## Alimony Dispute Resolution Strategies

**Negotiation and Mediation** – In many cases, the most favorable outcome of alimony disputes is achieved without stepping into a courtroom. Negotiation or mediation permits the parties to reach a decision acceptable to them, focusing on the peculiarities of their case without the delays, expense, and uncertainty of a court trial.

**Modification of Maintenance** – Illinois law allows for the modification of maintenance orders if circumstances change substantially subsequent to the date of the divorce decree. Events that may trigger modification include a substantial change in the income of either party or where the recipient spouse begins cohabiting on a conjugal basis with another person.

**Enforcement** – Where an ex-spouse defaults in paying court-ordered maintenance, such an order can be enforced by approaching the courts, and if necessary, by garnishment of wages and/or other legal remedies.

## Frequently Asked Questions About Alimony in Illinois Divorce Cases

### What If My Ex-Husband/Wife Does Not Pay The Alimony As Decided?

You can immediately approach the court with a petition for enforcement in Illinois courts. The court can use different measures to enforce the payments, whichever is necessary, such as wage garnishment or even holding that person in contempt of court, which might result in fines or jail time.

### How Much Will I Have To Pay, Or How Much Can I Get, In Illinois?

The amount of alimony is determined mainly by each spouse’s income and needs. However, the Illinois Marriage and Dissolution of Marriage Act provides specific guidelines that consider the length of the marriage and the standard of living during the marriage in calculating the amount and duration of support.

## Contact Our Skokie Alimony Dispute Attorney For Dedicated Legal Representation

If you are getting divorced in Illinois and arguing over spousal support, strong legal counsel is crucial for your interests. In Gordon & Perlut, LLC, you will find dedicated family law lawyers who will take the time to lead you through the complex issues of spousal maintenance if you seek support or believe an alimony request should be contested. Contact our Chicago and [Skokie alimony dispute attorneys](https://familylawadvocate.com/maintenance-aka-alimony/) at Gordon & Perlut, LLC by calling either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). We can lead you through a reasonable solution that will safeguard your financial future and recognize the sacrifices you have already made during your marriage.

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**Categories:** Alimony Dispute Attorney

---

### [How Domestic Violence Affects Spousal Support And Child Custody In Illinois](https://familylawadvocate.com/how-domestic-violence-affects-spousal-support-and-child-custody-in-illinois/)

**Published:** October 14, 2024
**Author:** familylawadvocate

**Content:**

As an experienced Skokie divorce attorney, I have been witness to how domestic violence significantly changes the character of divorce proceedings, especially in terms of spousal support and child custody. In Illinois, some legal consequences should be distinguished as important for such difficult situations.

## Domestic Violence And Its Consequences On Spousal Support In Illinois

Of these, perhaps domestic violence has the most significant effect on the issue of spousal support, known in some jurisdictions as maintenance in Illinois. The Illinois Marriage and Dissolution of Marriage Act, [750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm), indicates that the applicable amount and length of time for spousal support are discretionary upon the court, and any abuse from one spouse towards the other must be considered. The law acknowledges that due to such acts of abuse, a spouse’s economic independence could be seriously impaired.

If you are a victim, the court may consider granting you increased and/or lengthier duration of spousal support for any detriments caused by the abuse. For instance, this can be in those instances where your working potential has been limited in any way because of injury and when your partner may have compromised your career development.

## Effect On Child Custody

In issues of child custody the terminology being under Illinois law, it is the allocation of parental responsibilities, [750 ILCS 5/602.7](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7), the safety and welfare of the child are of utmost importance. Evidence of past abuse by a parent against the child or the other parent is evidence, according to the court, explicitly considered against the abuser in granting custody or major decision-making responsibilities.

In cases of domestic violence, the court is ever more vigilant to ensure that contact with the abusive parent presents no risk to the life of the child, whether this be in the realms of their physical, mental, emotional, or moral well-being. This can take the form of supervised visitation or, in worse cases, an outright denial of parental responsibility.

## Protective Measures And Legal Safeguards

The State of Illinois provides mechanisms to protect victims of domestic violence during the divorce process. This includes an order of protection that will limit access by the abuser to the victim and the children. These orders may ensure temporary financial support and temporary arrangements for custody while pending the decision on divorce.

## Domestic Violence Frequently Asked Questions

### How Does Domestic Violence Impact Divorce Settlements In The State Of Illinois?

Domestic violence may influence divorce judgments regarding spousal support and division of marital property. Abuse can be a factor that the court considers while evaluating the various contributions of each spouse to the marriage and their comparative economic condition.

### Can allegations of domestic violence affect the division of property?

Yes, allegations of domestic violence may bear on the issue of property division if the acts of domestic violence had economic implications on the marital estate. For example, if the abuse resulted in medical bills or loss of a job, then the court may consider such factors in dividing the property.

## Contact Our Divorce Attorneys For Exceptional Legal Help

If you or someone close to you is going through a divorce under conditions that include domestic violence, you require a level of legal representation that not only knows the law inside and out but will do everything possible to ensure your protection. At Gordon & Perlut, LLC, we have a long history of providing this level of service in handling sensitive and complex cases. Contact our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). We service the Chicago area, providing the help and guidance a person needs when going through a divorce, and we make sure one’s rights and safety are protected. Let us help you make informed decisions that will safeguard your future and that of your children.

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### [Custody And Parenting Time For Military Families In Illinois](https://familylawadvocate.com/custody-and-parenting-time-for-military-families-in-illinois/)

**Published:** October 7, 2024
**Author:** familylawadvocate

**Content:**

As an experienced Skokie custody lawyer, I understand the special challenges military families face in navigating the issues of [custody and parenting time in Illinois](https://familylawadvocate.com/how-does-parenting-time-work-with-a-non-traditional-work-schedule/). Military service can make those issues much more difficult because of deployments, relocations, and just the general unpredictability associated with military life. The statutes in Illinois have some provisions that help meet these challenges and protect both the interests of the children and the serving parent.

## Understanding Custody And Parenting Time For Military Families

In Illinois, the legal basis of custody and parenting time is enshrined in the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101. The act has evolved to accommodate the needs of military families, particularly with regard to the special aspect of deployment.

Any deployment of a military parent that adversely affects the performance of his custody or parenting time duties is covered by Illinois law, which allows certain adjustments to the parenting agreement. Such modifications can be temporary and may revert upon the end of the deployment period. The law seeks to ensure the rights of the deployed parent are preserved, as well as the [best interest of the child](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7) during the deployment period.

The court may, however, consider special consideration in instances such as when a military parent is deployed and can no longer exercise normal parenting time. Special consideration may be granted if the court determines that it serves the child’s best interest to afford the military parent the means of delegating his or her parenting time to a family member, such as a grandparent or sibling. The statute also provides that any change in custody or parenting arrangement due to deployment should be temporary and cannot be used as evidence against a deployed parent in subsequent proceedings relating to parental responsibility.

## Legal Protections And Considerations

One of the critical elements of military personnel handling custody cases is being able to expedite court dates or have electronic hearings. The Illinois Courts can take care of these items when necessary, realizing a parent could be unavailable to attend because of military service. In that respect, the state supports flexibility in terms of scheduling and, where possible, includes remote participation in hearings.

The Illinois Marriage and Dissolution of Marriage Act provides that any [temporary custody or parenting time arrangements](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000) made due to deployment should be written in such a manner as to be intended to revert to the former terms upon the return of the parent, provided, of course, it is in the best interest of the child.

## Custody And Parenting Time FAQs For Military Families

### How Is An Existing Custody Order Affected By Deployment?

If a military parent must be sent out of state or country, the military parent can file a modification of the custody order to provide for their time away. This modification is temporary, and the original order is usually reinstated upon return.

### What Happens If I Am Stationed Overseas? Can I Still See My Children?

If a military parent serves outside the country, virtual visitation may be implemented. Illinois courts create opportunities to continue relationships through electronic means of communication, such as video calls, when physical visitation is at variance.

### Can A Non-Military Parent Oppose Changes To Custody Based On Deployment?

While this may be objected to by the non-military parent, the prevailing guideline of the court is the best interest standard of the child. Temporary changes caused by deployment are rarely questioned and are usually considered necessary unless they can be shown to adversely affect the well-being of the child.

## Call Our Skokie Parenting Time Attorneys For Caring Legal Representation

For the military family in Illinois facing custody or parenting time issues, there are challenges that can be faced. As experienced family law attorneys, Gordon & Perlut, LLC will help military families like yours through these legal complexities with as little hassle and as much support as possible. If you are a military family and you have custody and parenting time problems, contact us for your legal needs.

Contact our [Skokie parenting time attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC by calling either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [set up a consultation](https://familylawadvocate.com/contact-us/). Let our team of experienced attorneys take care of your rights and secure the best for your children, considering the demands of military service. From short-term separations to multiple tours of duty, we can help you keep your family ties strong despite distances and duties.

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**Categories:** Parenting Time Attorney

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### [Guardian Ad Litem's Role In Skokie Custody Cases](https://familylawadvocate.com/guardian-ad-litems-role-in-skokie-custody-cases/)

**Published:** October 1, 2024
**Author:** familylawadvocate

**Content:**

Exercising the responsibility of a Skokie custody attorney requires particular acumen, as this represents a host of variations that may apply in any given child custody case. Perhaps the most important among these is the role of a [Guardian ad Litem](https://gac.illinois.gov/osg/guardianship-fact-sheet.html) in any case. In Illinois, a “GAL” becomes imperative regarding a disputed child custody case, since they offer comprehensive insights to the court on possible solutions that will be in the best interest of the child.

## Understanding The Role Of Guardian Ad Litem

Appointing a GAL in Skokie and other areas in Illinois is at a judge’s discretion, as provided by the Illinois Marriage and Dissolution of Marriage Act, [750 ILCS 5/506](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506). A guardian ad litem may be appointed to serve on behalf of the best interests of the child in disputes over custody. This role becomes quite pivotal in contentious cases where the parents cannot agree on custody or visitation rights.

Primary responsibility for the GAL involves investigation into the family situation and thereafter reporting to the court. This includes interviewing the children, parents, and other significant individuals who might offer valuable insights into the dynamics within the family. The GAL may also review the relevant documents, such as school records and medical reports, for a comprehensive understanding of the child’s needs.

## Responsibilities And Duties

Additional responsibilities of the Guardian ad Litem are not only to observe and report but also to make recommendations to the court on custody arrangements, visitation, and any support services that may be necessary for the child. The recommendations they will make are the result of their independent investigation and professional judgment as to what arrangement serves the best interests of the child.

While the GAL does not make binding recommendations, many courts in Illinois grant much weight to the reports of the Guardian ad Litem. This is due in large part to the perceived neutrality of the GAL, as their concerns do not fall in a manner similar to those of the parents and other family members, regarding the best interest of the child.

## The Impact Of A Guardian Ad Litem In Custody Cases

Involvement by a Guardian ad Litem can be, if not is, immensely influential in the actual outcome of the custody dispute. Their objectivity thus helps the court to look beyond the immediate conflict and gear strategies toward the long-term well-being of the child. In many cases, the GAL can facilitate negotiations between parents by helping each party understand the other’s concerns and the child’s needs and can come to a more amicable settlement.

## Working With A Guardian Ad Litem

These are general ways that, as your custody attorney, I can assist you in working effectively with the Guardian ad Litem assigned to your case: preparing you for interviews, assisting you in gathering whatever documentation may be needed, and advising you on how to articulate your concerns and wishes for your child’s future in such a way as to demonstrate your commitment to their best interests.

## Contact Our Child Custody Attorneys For Exceptional Representation

If you have a child custody matter in Skokie or greater Chicago and you believe a Guardian ad Litem would benefit your case, please do not hesitate to contact Gordon & Perlut, LLC. Our experienced custody attorneys can walk you through the process and work strategically with a GAL in pursuit of the best possible outcome for your child. Contact our [Skokie child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC by calling either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/) and discuss your specific legal needs. At all times, let us professionally and compassionately guide you through this sensitive area of the law with your child’s best interests at heart.

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### [Uniformed Services Former Spouses' Protection Act In Illinois Divorces](https://familylawadvocate.com/uniformed-services-former-spouses-protection-act-in-illinois-divorces/)

**Published:** September 16, 2024
**Author:** familylawadvocate

**Content:**

As a Chicago divorce attorney, I understand the pivotal role of the [Uniformed Services Former Spouses’ Protection Act](https://www.congress.gov/bill/97th-congress/senate-bill/1814?s=1&r=1) (USFSPA) in Illinois military divorces. This federal law, enacted in 1982, significantly influences the division of military retirement pay during a divorce. Navigating the interplay between federal regulations and state divorce laws in Illinois can be intricate. This article is designed to provide a comprehensive understanding of how the USFSPA is applied in Illinois divorces, ensuring you are well-informed as you navigate this process.

The USFSPA allows state courts to treat military retirement pay as marital property, subject to division during a divorce. This means that, under Illinois law, a spouse may be entitled to a portion of the service member’s retirement benefits. It’s essential to note that the USFSPA does not create an automatic entitlement to these benefits; instead, it permits state courts to divide them as part of the marital estate.

## Illinois Marriage And Dissolution of Marriage Act

In Illinois, the division of marital property, including military retirement benefits, is guided by the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086) (IMDMA). The IMDMA adopts an equitable distribution approach, which assures that the court aims to divide property in a manner that is fair, though not necessarily equal. Several factors influence this distribution, such as the duration of the marriage, the financial situation of each spouse, and contributions to marital property.

One crucial aspect to understand is the [“10/10 rule” under the USFSPA](https://www.dfas.mil/garnishment/usfspa/legal/#:~:text=In%20addition%2C%20for%20orders%20dividing,the%2010%2F10%20rule%29.). This rule states that for a former spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must have lasted at least ten years, overlapping with ten years of military service. If your marriage does not meet this criterion, the state court can still award a portion of the retirement pay, but the payments must come directly from the service member rather than DFAS.

In addition to retirement benefits, former spouses may be entitled to other military-related benefits. These can include continued access to healthcare through TRICARE, commissary and exchange privileges, and eligibility for the Survivor Benefit Plan (SBP). However, these benefits are also subject to specific conditions and eligibility requirements, which should be carefully reviewed with the help of a knowledgeable attorney.

Navigating the nuances of the USFSPA in Illinois divorces requires a thorough understanding of both federal and state laws. Each case is unique, and the outcome depends on various factors, including the specific circumstances of your marriage and divorce. It is crucial to consult with an experienced attorney who can guide you through this complex process, ensuring your rights and interests are protected.

## Frequently Asked Questions About The Uniformed Services Former Spouses’ Protection Act In Illinois

### What is the Uniformed Services Former Spouses’ Protection Act (USFSPA)?

The USFSPA is a federal law that allows state courts to consider military retirement pay as marital property, subject to division during a divorce. It provides guidelines on how these benefits can be divided and what conditions must be met for a former spouse to receive direct payments from DFAS.

### How does the “10/10 rule” affect the division of military retirement pay in Illinois?

The “10/10 rule” requires that the marriage lasted at least ten years, overlapping with ten years of military service, for the former spouse to receive direct payments from DFAS. If this criterion is not met, the state court can still award a portion of the retirement pay, but the payments must come directly from the service member.

### Are former spouses entitled to any other military benefits after divorce?

Yes, former spouses may be entitled to other benefits, such as continued healthcare through TRICARE, commissary and exchange privileges, and eligibility for the Survivor Benefit Plan (SBP). However, these benefits are subject to specific conditions, including the length of the marriage and whether the former spouse has remarried.

### How does Illinois law approach the division of military retirement benefits?

Illinois follows an equitable distribution model under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This means the court aims to divide marital property, including military retirement benefits, in a manner that is fair but not necessarily equal. The court considers various factors, such as the length of the marriage and the financial situation of each spouse.

### What should I do if I am facing a military divorce in Illinois?

It’s crucial to seek legal advice from an attorney experienced in military divorces and familiar with both the USFSPA and Illinois divorce laws. They can help you understand your rights, navigate the complexities of your case, and work towards a fair settlement.

## Contact Our Chicago Military Divorce Attorneys For Dedicated Representation

If you are going through a military divorce and need assistance navigating the intricacies of the Uniformed Services Former Spouses’ Protection Act in Illinois, Gordon & Perlut, LLC is here to help. Our experienced divorce attorneys are committed to providing personalized and effective legal representation. Contact our [Chicago military divorce attorneys](https://familylawadvocate.com/divorce/) at either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). Let us guide you through this difficult time and ensure your legal rights and interests are protected.

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### [The Role Of Adult Guardianship In Illinois Family Law](https://familylawadvocate.com/the-role-of-adult-guardianship-in-illinois-family-law/)

**Published:** September 9, 2024
**Author:** familylawadvocate

**Content:**

As a Chicago adult guardianship attorney, I’ve seen firsthand how vital the process of adult guardianship can be in protecting the rights and well-being of vulnerable individuals. In Illinois, adult guardianship plays a crucial role in family law, ensuring that adults who cannot care for themselves are supported and protected. I will now discuss the importance of adult guardianship, the legal framework governing it, and how it impacts families in Illinois.

In Illinois, adult guardianship is primarily governed by the [Illinois Probate Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2104&ChapterID=60) (755 ILCS 5/11a-1 et seq.). This legislation provides a comprehensive framework for appointing guardians for adults who, due to mental or physical incapacity, are unable to make decisions about their personal care or finances. The process is designed to safeguard the individual’s rights while providing them with the necessary support to live a safe and dignified life.

## Understanding The Need For Adult Guardianship

Adult guardianship becomes necessary when an adult cannot manage their personal or financial affairs due to conditions such as mental illness, developmental disability, dementia, or severe physical disability. Families often face difficult decisions when a loved one loses the ability to make safe and sound decisions. In such cases, guardianship ensures that someone trustworthy is legally empowered to make decisions on behalf of the incapacitated person.

As your adult guardianship attorney, I have guided many families through the guardianship process, providing them with the legal support they need during challenging times. It’s important to understand that the goal of guardianship is not to take away an individual’s independence but to provide the necessary assistance to ensure their safety and well-being.

## The Legal Process Of Establishing Guardianship

The [process of establishing adult guardianship in Illinois](https://gac.illinois.gov/osg/guide-to-adult-guardianship-in-illinois.html) is a crucial and empowering one. It begins with filing a petition with the court, which must include detailed information about the individual’s condition and why guardianship is necessary. The court will then schedule a hearing to evaluate the evidence and determine whether the individual is indeed incapacitated.

During the hearing, the court considers medical evidence, testimonies from family members, and sometimes the testimony of the individual for whom guardianship is sought. If the court finds clear and convincing evidence, a legal standard that means the evidence is highly and substantially more probable to be true than not, that the individual cannot make decisions about their personal care or finances, it will appoint a guardian.

There are two main types of guardianships in Illinois:

1. **Guardian of the Person** – Responsible for the personal care of the ward, including decisions about living arrangements, healthcare, and daily activities.
2. **Guardian of the Estate** – Manages the ward’s financial affairs, including paying bills, managing assets, and handling income.

In some cases, a single person may serve as both guardian of the person and guardian of the estate. The court aims to appoint a guardian who will act in the best interest of the ward, ensuring their needs are met and their rights protected.

## Illinois Adult Guardianship FAQs

### What is the difference between a guardian of the person and a guardian of the estate?

A guardian of the person is responsible for making decisions about the personal care of the ward, such as healthcare and living arrangements. A guardian of the estate manages the ward’s financial matters, including paying bills and managing assets.

### How long does the guardianship process take in Illinois?

The timeline can vary, but it typically takes a few months from filing the petition to the court hearing. The process includes gathering medical evidence, notifying interested parties, and preparing for the court hearing.

### Can guardianship be contested?

Yes, guardianship can be contested. Interested parties, such as family members, can present evidence to the court if they believe that guardianship is not necessary or that the proposed guardian is not suitable.

### What are the responsibilities of a guardian?

A guardian is responsible for acting in the best interest of the ward. This includes making decisions that ensure the ward’s health, safety, and financial stability. Guardians must also file regular reports with the court detailing their actions and the ward’s condition.

### Is guardianship permanent?

Guardianship can be permanent or temporary. Permanent guardianship lasts as long as the ward remains incapacitated. Temporary guardianship is for a limited time, usually in emergency situations, and can be terminated or extended by the court.

## Contact Our Illinois Adult Guardianship Lawyers To Discuss Your Options

Navigating the complexities of adult guardianship can be overwhelming. At Gordon & Perlut, LLC, we are here to provide you with the support and guidance you need through every step of the process. If you believe that a loved one may need a guardian, don’t hesitate to reach out for a free consultation. Our dedicated legal professionals will work with you to ensure that your loved one receives the care and protection they deserve. Contact our [Illinois adult guardian lawyers](https://familylawadvocate.com/divorce/guardianships/) at either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/) to discuss your case.

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**Categories:** Adult Guardian Lawyer

---

### [How To Enforce A Family Court Order In Illinois](https://familylawadvocate.com/how-to-enforce-a-family-court-order-in-illinois/)

**Published:** September 2, 2024
**Author:** familylawadvocate

**Content:**

When a family court issues an order, it expects compliance from all parties involved. Unfortunately, not everyone adheres to these orders, leading to frustration and complications. Whether it’s child support, custody arrangements, or spousal maintenance, [enforcing a family court order in Illinois](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2497&ChapterID=59) is crucial to ensuring justice and stability for those affected.

## Understanding Family Court Orders

Family court orders in Illinois cover various aspects, including child custody, visitation rights, child support, spousal maintenance, and property division. These orders are legally binding and aim to protect the rights and responsibilities of each party involved. When a party fails to comply, it disrupts the intended balance and can cause significant stress and hardship.

## Steps To Enforce A Family Court Order

If you find yourself in a situation where the other party is not complying with a family court order, Illinois law provides several avenues to enforce the order.

**1. Documentation** – First and foremost, keep detailed records of the non-compliance. This includes missed payments, denied visitation, or any other breaches of the court order. Your meticulous documentation is a powerful tool when presenting your case to the court, giving you a sense of control in a challenging situation.

**2. File a Petition for Rule to Show Cause** – In Illinois, you can file a Petition for Rule to Show Cause. This petition asks the court to hold the non-compliant party in contempt of court. According to 750 ILCS 5/511, the court will issue a summons for the other party to appear and explain why they have not complied with the order.

**3. Court Hearing** – During the court hearing, both parties will present their evidence. The judge will carefully consider the facts and determine if the non-compliant party is in contempt. This process, while it may seem daunting, is designed to ensure fairness and justice. If found in contempt, the court can impose various penalties, including fines, jail time, or modification of the original order.

**4. Wage Garnishment** – For child support or spousal maintenance issues, Illinois law allows for wage garnishment. This means the owed amount can be directly deducted from the non-compliant party’s paycheck. According to [750 ILCS 28/35](https://www.ilga.gov/legislation/ilcs/documents/075000280K35.htm), the Illinois Department of Healthcare and Family Services can facilitate this process.

**5. Property Liens** – If the non-compliant party owns the property, a lien can be placed on their property for unpaid child support or spousal maintenance. This legal claim ensures that the owed amount is paid when the property is sold.

**6. Suspension of Licenses** – Illinois law also allows for the suspension of various licenses, including driver’s licenses, professional licenses, and recreational licenses, if child support is not paid. According to [750 ILCS 16/50](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59), the court can notify the licensing agency to suspend the non-compliant party’s licenses until payments are made.

## Illinois Family Law FAQs

### What should I do if my ex-spouse is not paying child support?

Document all missed payments and file a [Petition for Rule to Show Cause](https://services.cookcountyclerkofcourt.org/Forms/Forms/pdf_files/CCDR0022.pdf). The court can enforce the order through wage garnishment, property liens, or license suspensions.

### Can I deny visitation if my ex-spouse is not paying child support?

No, child support and visitation rights are separate issues. Denying visitation can result in you being held in contempt of court. It’s best to address non-payment through legal channels.

### How long does it take to enforce a court order?

The time frame varies depending on the case’s complexity and the court’s schedule. Filing a Petition for a Rule to Show Cause is the first step, and the process can take several weeks to months.

### What penalties can the court impose for non-compliance?

Penalties include attorney fees, jail time, wage garnishment, property liens, and suspension of licenses. The court aims to compel compliance and ensure the affected party receives what is owed.

### Can I modify a family court order?

Yes, if there has been a significant change in circumstances, you can file a petition to modify the order. The court will review the case and decide based on the best interests of all parties involved.

## Contact Our Illinois Enforcing Family Court Orders Attorneys For Dedicated Representation

If you are struggling to enforce a family court order in Illinois, call Gordon & Perlut, LLC. We are committed to helping you uphold your rights and ensure compliance with court orders. Our experienced family law attorneys understand the complexities of Illinois family law and are here to guide you every step of the way, providing you with the support you need during this difficult time.

Contact our [Illinois enforcing family court order attorneys](https://familylawadvocate.com/divorce/) at either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). Let us help you enforce your family court order and bring stability back into your life.

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**Categories:** Enforcing Family Court Order Attorney

---

### [Challenging Parental Relocation Petitions In Illinois And Protecting Your Custody Rights](https://familylawadvocate.com/challenging-parental-relocation-petitions-in-illinois-and-protecting-your-custody-rights/)

**Published:** August 26, 2024
**Author:** familylawadvocate

**Content:**

Relocation is a significant decision that can profoundly impact both parents and children. When one parent seeks to move with the child to a new location, it can create complex legal challenges. In Illinois, parental relocation is governed by the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086) (IMDMA). As a Chicago parental relocation attorney at Gordon & Perlut, LLC, I understand the emotional and legal complexities involved in these cases and am committed to helping you protect your custody rights.

## Understanding Parental Relocation In Illinois

Parental relocation involves moving a child’s primary residence to a new location. Under [Illinois law](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm), if the custodial parent wishes to move more than 25 miles from the child’s current residence (in certain counties) or, 50 miles (in other counties), or out of state, they must provide notice and seek permission from the court. This law is in place to ensure that the move is in the child’s best interests and does not unfairly disrupt the non-custodial parent’s relationship with the child.

## Challenging A Relocation Petition

If you are a non-custodial parent and receive notice that your child’s other parent intends to relocate, you have the right to challenge this petition. The court will consider several factors to determine whether the relocation is in the [child’s best interests](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm):

**1. The child’s relationship with both parents –** The court will evaluate how the move will affect the child’s relationship with both parents. If the relocation significantly impacts the non-custodial parent’s ability to maintain a meaningful relationship with the child, this can weigh heavily against the move.

**2. The reasons for the move –** The court will scrutinize the reasons behind the relocation. If the move is for a legitimate purpose, such as a job opportunity or to be closer to family, it may be viewed more favorably. However, if the move appears to be motivated by a desire to limit the non-custodial parent’s access to the child, the court may deny the petition.

**3. The child’s adjustment to home, school, and community –** Stability is crucial for a child’s well-being. The court will consider how the move will impact the child’s current living situation, schooling, and community ties. A significant disruption to the child’s life can be a strong argument against the relocation.

**4. The wishes of the child –** Depending on the child’s age and maturity, their preference may be taken into account. While not the sole factor, a child’s desire to stay in their current environment or move with the custodial parent can influence the court’s decision.

## Protecting Your Custody Rights

As a dedicated parental relocation attorney, my primary goal is to ensure that your custody rights are protected and that any relocation decision is truly in the best interests of your child. Here are some steps you can take to challenge a relocation petition effectively:

**1. Document your relationship with your child –** Gather evidence that demonstrates your involvement in your child’s life, including school records, extracurricular activities, and time spent together. This documentation can show the court the significance of your role in your child’s life.

**2. Highlight the impact of the move –** Prepare to present evidence on how the relocation will negatively affect your child’s well-being, including disruption to their education, social life, and emotional health.

**3. Offer alternatives –** Propose alternative arrangements that can address the custodial parent’s reasons for the move without requiring relocation. For example, suggest extended visitation during school breaks or holidays if the move is related to a job opportunity.

## Illinois Parental Relocation FAQs

### What is the process for a custodial parent to relocate with a child in Illinois?

In Illinois, the custodial parent must provide the non-custodial parent with a written notice of the intended relocation at least 60 days before the move. This notice should include the relocation date, the new address, and the duration of the relocation, if temporary. If the non-custodial parent agrees to the move, they can sign the notice, and it can be filed with the court. If the non-custodial parent objects, the custodial parent must file a petition with the court seeking permission to relocate. The court will then consider the best interests of the child and the factors outlined in the previous section when making a decision.

### What factors does the court consider when deciding on a relocation petition?

The court considers several factors, including the reasons for the move, the relationship between the child and both parents, the impact on the child’s adjustment to their current home, school, and community, and the wishes of the child, depending on their age and maturity. It’s important to remember that the court’s primary concern is always the best interests of the child.

### Can a relocation petition be challenged?

Yes, you, as the non-custodial parent, have the right to challenge a relocation petition. To do so, you should provide evidence demonstrating how the move would negatively impact your relationship with the child and the child’s well-being. This can include testimony about the child’s current living situation, schooling, and social ties, as well as alternative solutions to address the custodial parent’s reasons for the move.

### How can a non-custodial parent strengthen their case against a relocation petition?

To strengthen their case, the non-custodial parent should document their involvement in the child’s life, such as participation in school activities, sports, and other extracurriculars. They should also gather evidence showing how the move would disrupt the child’s stability and offer viable alternatives to address the custodial parent’s reasons for relocation.

## Contact Our Illinois Parental Relocation Attorneys For Dedicated Representation

If you are facing a parental relocation issue, it is crucial to protect your custody rights and ensure that any decision is in your child’s best interests. At Gordon & Perlut, LLC, we are here to help you navigate this challenging process. Contact our [Illinois relocation attorney](https://familylawadvocate.com/divorce/children-removal-illinois/) at either our Chicago office at 312-360-0250 or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). Let’s work together to safeguard your relationship with your child and secure a positive outcome for your family.

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**Categories:** Parental Relocation Attorney

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### [How Military Service Can Complicate Divorce](https://familylawadvocate.com/how-military-service-can-complicate-divorce/)

**Published:** August 19, 2024
**Author:** familylawadvocate

**Content:**

As a military divorce lawyer in Illinois, I have firsthand experience of the unique challenges that military service can introduce into the divorce process. While divorce is inherently complex, for military families, there are additional layers of legal and logistical issues that must be navigated with care. Understanding these challenges is not just important, but it’s crucial for anyone in the military going through a divorce in Illinois. This understanding will prepare you for the journey ahead and ensure you make informed decisions.

## Residency And Where To File

One of the first hurdles in a military divorce is[ determining where to file](https://www.militaryonesource.mil/relationships/separation-divorce/dealing-with-military-divorce/). Unlike civilian divorces, military personnel may claim residency in one state but be stationed in another. Illinois law requires that you (or your spouse) must be a resident or stationed in Illinois for at least [90 days before filing for divorce](https://19thcircuitcourt.state.il.us/2130/Dissolution-of-MarriageDivorce). This can create confusion about where to file, especially if there are also considerations about where legal proceedings might be more favorable for divorce terms.

## Division Of Military Pensions

Military pensions are often the most significant financial asset in a military divorce. Under the [Uniformed Services Former Spouses’ Protection Act](https://soldierforlife.army.mil/Documents/static/Post/USFSPA.pdf) (USFSPA), a state court may treat military retirement pay as either sole or community property, depending on the state. In Illinois, the court will typically divide military pensions between the spouses, taking into consideration the length of the marriage and the service member’s time in the military. Navigating these regulations requires a thorough understanding of both federal and state laws.

## Child Custody and Visitation

Child custody and visitation can be particularly complex in military divorces due to the nature of military duties, which may involve deployments, relocations, and untraditional working hours. Illinois courts always prioritize the best interests of the child, but for military families, creating a parenting plan that accommodates the military parent’s schedule and responsibilities is often challenging. However, with the right guidance, flexibility, and creative planning, you can address potential future changes in duty station or deployment status with confidence and reassurance.

## Spousal and Child Support

The calculation of spousal and child support in a military divorce might also differ due to allowances and benefits that service members receive, such as housing, subsistence, and base pay. These factors can affect the determination of a service member’s income and, consequently, support obligations. Understanding how Illinois law treats these various forms of military compensation is critical when assessing fair support arrangements.

## Legal Protections For Military Members

Service members are afforded certain legal protections in divorce proceedings under the [Servicemembers Civil Relief Act (SCRA)](https://www.consumerfinance.gov/consumer-tools/educator-tools/servicemembers/the-servicemembers-civil-relief-act-scra/). This law allows for the postponement of divorce proceedings if the service member’s duties prevent them from participating or responding in a timely manner. As your attorney, ensuring compliance with the SCRA is a priority to protect your rights during the divorce process.

Navigating a military divorce involves dissecting complex layers of both federal and state laws. If you are a service member or a spouse facing divorce in Illinois, it’s crucial to approach the process with knowledgeable guidance tailored to the unique aspects of military service. Seeking legal assistance will not only provide you with the necessary support but also ensure you are guided through the process with confidence and clarity.

## Illinois Military Divorce FAQs

### Can I file for divorce in Illinois if I am stationed elsewhere?

Yes, if you or your spouse has been a resident of Illinois or stationed in Illinois for at least 90 days, you can file for divorce in the state.

### How is child custody determined in a military divorce?

The child’s best interests determine child custody in a military divorce. Factors like parental duties, deployment, and the military parent’s schedule are taken into consideration to develop a feasible parenting plan.

### Is my spouse entitled to a portion of my military pension?

Yes, under Illinois law and the USFSPA, military pensions can be considered marital property and the portion earned during the marriage may be divided between spouses in a divorce.

### What happens to my divorce proceeding if I am deployed?

Under the SCRA, you can request a postponement of divorce proceedings if your military duties prevent you from participating or responding to court actions during your deployment.

### How are spousal and child support calculated in a military divorce?

Support calculations in a military divorce consider all military compensation, including base pay, housing allowances, and other benefits, as part of the service member’s total income.

For specific advice and guidance tailored to your situation, contact Gordon & Perlut, LLC, at our Chicago or Skokie office. Our knowledgeable team is ready to assist you with your military divorce, ensuring your legal needs are met with the utmost care and professionalism.

## Contact Our Military Divorce Lawyer In Cook County For Your Free Consultation

If you are navigating the complexities of a military divorce in Illinois, remember that you do not have to face this challenging time alone. At Gordon & Perlut, LLC, we understand the intricacies of military divorce and are committed to providing you with the compassionate and competent legal support you need.

For your [free consultation](https://familylawadvocate.com/contact-us/), please contact our [military divorce lawyer in Cook County](https://familylawadvocate.com/divorce/) by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We are here to help you through every step of your military divorce, ensuring your rights are protected and your interests are represented.

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### [How Long Do You Have To Be Married To Get Alimony?](https://familylawadvocate.com/how-long-do-you-have-to-be-married-to-get-alimony/)

**Published:** July 29, 2024
**Author:** familylawadvocate

**Content:**

Understanding alimony, also known as spousal support or maintenance, is crucial if you are considering divorce in Illinois. One of the most common questions I hear as a Chicago alimony lawyer is, “How long do you have to be married to get alimony (maintenance)?” Let’s address this question to clarify what you might expect during your divorce proceedings in Illinois.

In Illinois, alimony is known as “maintenance” and the [alimony laws](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) are designed to be flexible, with no strict minimum duration of marriage required to qualify. The decision to award alimony is based on a need to provide financial support to a spouse who might not be able to maintain their standard of living post-divorce without it. The court considers several factors to determine whether alimony is appropriate, how much should be awarded, and for how long, ensuring that your unique circumstances are taken into account.

## Factors Influencing Maintenance (Alimony) Awards In Illinois

The courts will look at [numerous aspects](https://www.isba.org/ibj/2015/09/solvingxyillinoisspousalmaintenance) of your marriage and each spouse’s circumstances, including:

**Income and property of each spouse** – This includes both marital property and any assets held individually as non-marital property.

**Current and future earning capacity** – This considers career trajectories and the potential for future earnings.

**Standard of living during the marriage** – The aim here is often to allow both parties to continue a lifestyle similar to that enjoyed during the marriage, as far as it is possible.

**Duration of the marriage** – While there is no minimum, the length of the marriage influences the duration and amount of alimony, and this is dictated by the law.

**Age, health, and occupation of both spouses** – These factors can affect an individual’s ability to pay alimony and the recipient’s need for support.

**Any agreements between the spouses** – Prenuptial or postnuptial agreements can dictate the terms of alimony.

## Modifying Alimony / Maintenance

Maintenance is not set in stone. It’s a flexible arrangement that can be modified if circumstances change, such as the recipient obtaining a higher-paying job, remarrying, or the payer experiencing financial difficulties.

If you’re going through a divorce and wondering about maintenance/alimony, remember that each situation is unique. The determination of whether you are eligible to receive alimony, as well as the amount and duration, depends on a variety of factors evaluated during the divorce proceedings.

## Chicago Alimony Lawyer FAQs

### What is the first step in determining if I qualify for alimony?

The first step is an assessment of your financial needs and the ability of your spouse to pay. An experienced attorney can help evaluate your situation.

### Can alimony be awarded in a short marriage?

Yes, alimony can be awarded in shorter marriages, especially if one spouse sacrificed career opportunities for the marriage.

### Is alimony guaranteed in long-term marriages?

While not guaranteed, alimony is more commonly awarded in long-term marriages if warranted, particularly where one spouse may have been out of the workforce.

### What can I do if my financial situation changes after the divorce?

You can petition the court to modify the alimony agreement. Changes in income, employment status, or marital status can all be grounds for modification.

### How can an attorney help with my alimony case?

An attorney can provide legal representation, ensure your rights are protected, and help negotiate fair terms based on your specific circumstances.

If you have more questions or need personalized advice, call us for your free case review. We’re here to offer you support and guidance tailored to your unique situation.

## Call Our Chicago Alimony lawyers For Your Free Consultation

If you are facing divorce and need guidance on alimony in Illinois, contact Gordon & Perlut, LLC. We understand the complexities of divorce law and are here to help you navigate through your alimony concerns. Contact our [Chicago alimony lawyers](https://familylawadvocate.com/maintenance-aka-alimony/) at Gordon & Perlut, LLC by calling either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to [receive your free consultation](https://familylawadvocate.com/contact-us/). Let us help you understand your rights and options during this challenging time.

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**Categories:** Alimony Lawyer

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### [Understanding Illinois' New Child Support Pass-Through Payment Rule](https://familylawadvocate.com/understanding-illinois-new-child-support-pass-through-payment-rule/)

**Published:** July 26, 2024
**Author:** familylawadvocate

**Content:**

## How the Recent Policy Change Benefits Low-Income Families

As a [family law attorney](https://familylawadvocate.com/family-law/) at GORDON & PERLUT, LLC, with offices in Chicago and Skokie, I often see firsthand the financial struggles faced by low-income families, particularly those relying on [Temporary Assistance for Needy Families (TANF)](https://www.dhs.state.il.us/page.aspx?item=30358). The recent announcement of Illinois’ new child support pass-through payment rule is a significant step toward alleviating some of these burdens. Beginning in July 2024, all child support collected on behalf of low-income families who are [current or former TANF recipients](https://www.illinois.gov/news/press-release.30230.html) will be passed through directly to the families, ensuring they receive the full support intended for their children. This policy change is a monumental shift in how child support is managed and distributed in Illinois, aiming to provide fairer financial assistance to those who need it most.

## Overview of the Policy Change

### Description of the New Rule

The new rule mandates the full pass-through of child support payments to TANF recipients starting from July 1, 2024. This means that any child support collected by the state on behalf of these families will go directly to them rather than being partially retained by the state. This change is also retroactive, covering child support collected from January 1, 2023, to July 1, 2024. By implementing this rule, Illinois becomes the first state to unconditionally ensure that all families receive 100% of the child support payments made.

### Historical Context

Previously, Illinois retained a portion of child support payments collected on behalf of TANF recipients to cover administrative costs. This policy, while legally permissible, often exacerbated the financial difficulties faced by low-income families. The change aligns with the mission of the Department of Healthcare and Family Services (HFS) to support families in fulfilling their child support obligations and improving their financial well-being. The shift to a full pass-through system aims to provide immediate and significant financial relief to those who need it most.

## The Rule’s Impact On Illinois Families

The financial benefits of this policy change are significant. By receiving the full amount of child support payments, low-income families will have more resources to meet their children’s needs. This direct financial relief will help alleviate the burden of day-to-day expenses, allowing families to manage their finances better and improve their overall well-being. The full receipt of child support payments means that every dollar intended for the care and support of children will reach them, providing much-needed assistance for food, clothing, housing, and other essentials. This policy change is not just about financial relief, it’s about empowerment and hope for a better future.

HFS Director Elizabeth Whitehorn highlighted the fairness and financial relief this policy brings, stating that the previous system worsened the financial struggles of low-income families. IDHS Secretary Designate Dulce M. Quintero emphasized that children will benefit directly from this change, marking a significant advancement for families reliant on TANF. Illinois House Assistant Majority Leader Marcus C. Evans, Jr. expressed his support, noting the crucial role of every dollar in helping struggling families care for their children and achieve success. This policy change is not just a result of legislative action, it’s a testament to the power of community and collaboration. Advocacy groups like the [Chicago Coalition for the Homeless](https://www.chicagohomeless.org/) have also welcomed this change, seeing it as a vital improvement for the communities they represent.

## Implementation Details

The new rule was authorized by [Public Act 102-1115](https://www.illinois.gov/news/press-release.30230.html#:~:text=Gov.%20JB%20Pritzker%20signed%20Public,child%20support%20to%20the%20state.), signed into law by Governor JB Pritzker in January 2023. Federal regulations require TANF recipients to assign their rights to child support to the state, which then has the option to pass through a portion or all of the collected support. Until now, Illinois retained a portion of these payments to cover operational costs, as allowed by law. The new policy changes this, ensuring all collected child support is passed directly to the families.

To accommodate this policy shift, the state’s budget has been adjusted. This adjustment involves reallocating funds from other areas of the budget to cover the operational costs previously funded by retained child support payments. The Illinois Office of the Comptroller has begun issuing paper checks to families for the amounts owed between January 2023 and July 2024. Moving forward, regular pass-through payments will be issued via the LINK card. This transition ensures that families receive the financial support they are entitled to without interruption.

## The Technical Aspects of the Policy

### Federal Regulations and Compliance

Federal regulations allow states to pass through up to $100 for families with one child and $200 for families with two or more children without financial penalty, provided these amounts are paid in child support during the month. Illinois’ new policy goes beyond this, ensuring any child support collected above these amounts is paid to the family the following month. This compliance with federal guidelines ensures that Illinois families receive maximum financial support without jeopardizing federal assistance.

### Impact on TANF Eligibility and Child Support Accounts

One important aspect of this change is that child support payments collected and issued to the parent receiving support will not impact a parent’s eligibility for TANF benefits. This assurance means that families can receive the full amount of child support without risking their TANF benefits. Additionally, this policy change does not affect child support account balances; it only changes the distribution method of the funds. Families will continue to receive all current and past-due child support in full after they stop receiving TANF, ensuring continued financial stability.

## Broader Implications Of This Policy Change

This policy change is expected to have far-reaching socioeconomic effects. By providing increased financial resources directly to families, it can significantly improve child and family welfare. Access to more financial resources can lead to better living conditions, improved access to education and healthcare, and overall family stability. In the long term, this support can help families become more independent from public assistance, promoting economic self-sufficiency and reducing poverty. It can also lead to a reduction in the cycle of poverty, as children from these families may have better opportunities for education and career development, breaking the generational poverty cycle.

Illinois is setting a precedent as the first state to implement an unconditional full pass-through of child support. This innovative approach may influence other states to adopt similar policies, potentially leading to nationwide changes in how child support is managed and distributed. By demonstrating the benefits of this policy, Illinois can pave the way for broader adoption and greater support for low-income families across the country.

The new child support pass-through payment rule is a significant advancement for low-income families in Illinois. By ensuring that all collected child support is passed directly to the families, this policy provides essential financial relief and supports the well-being of children and their caregivers. The expected positive impact on Illinois families is substantial, with the potential for long-term benefits and a model for other states to follow. As we continue to support and advocate for low-income families, it is crucial to monitor the outcomes of this policy and explore further improvements to enhance the financial stability and independence of those in need.

## Contact Our Illinois Family Law Attorneys For Dedicated Representation

If you have questions about how this child support pass-through payment policy change might affect your family or need assistance with child support issues, GORDON & PERLUT, LLC is here to help. We offer a free telephone consultation to discuss your case and provide the support you need. Contact our [Illinois family law attorneys](https://familylawadvocate.com/aop/) at either our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a consultation](https://familylawadvocate.com/contact-us/). Let us help you secure the financial support and justice you deserve.

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**Categories:** Child Support

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### [Top Benefits of Getting a Premarital Agreement in Illinois](https://familylawadvocate.com/top-benefits-of-getting-a-premarital-agreement-in-illinois/)

**Published:** July 22, 2024
**Author:** familylawadvocate

**Content:**

A premarital agreement, commonly known as a prenuptial agreement, is a legal contract entered into by couples before marriage to outline the management and division of assets should the marriage end in divorce or death. While some may view premarital agreements with skepticism, they offer substantial benefits, particularly in a state like Illinois, where matrimonial and divorce laws, such as the equitable distribution of property (the fair division of assets and debts acquired during the marriage), can significantly impact one’s financial stability. Here, we explore the top benefits of getting a premarital agreement in Illinois and why it’s a wise consideration for those planning to marry.

## 1. Protection Of Individual Assets

One of the primary advantages of a premarital agreement is the protection it offers to individual assets. This is particularly important for those entering a marriage with significant assets, a well-established business, or inheritance. A premarital agreement can specify what is considered personal property (assets acquired before the marriage, gifts, and inheritances) and what is marital property (assets acquired during the marriage), thereby safeguarding your pre-marriage assets from division in the event of a divorce.

## 2. Clarity And Certainty

Premarital agreements provide clarity and certainty for both parties. They set clear expectations about the financial arrangement in the marriage and how assets and liabilities will be handled both during and after the marriage. This prior understanding can reduce conflicts and misunderstandings, providing a stable foundation for the marriage.

## 3. Protection From Debt

A prenuptial agreement can protect one spouse from being liable for the other’s debt. This is crucial if one party comes into the marriage with substantial debt. The agreement can isolate this debt to the individual, ensuring that the other spouse does not become financially responsible for it in the case of separation or divorce. For example, if one spouse has a significant student loan debt, a prenuptial agreement can specify that this debt remains the responsibility of the individual who incurred it, even after marriage.

## 4. Streamlined Divorce Proceedings

Should a marriage dissolve, a premarital agreement can streamline the divorce proceedings. With major financial decisions agreed upon in advance, a prenuptial agreement can simplify asset division and potentially reduce the time and cost associated with divorce litigation. For instance, a prenuptial agreement can specify how property will be divided, eliminating the need for a court to make these decisions. This expediency can lessen the emotional and financial strain often associated with divorce.

## 5. Preservation Of Family Interests And Inheritance

For those with significant family inheritances or who have children from previous relationships, premarital agreements can ensure that certain assets or family businesses remain within the family. They allow individuals to specify inheritances and protect assets designated for children from prior marriages, which might otherwise be subject to division as marital property. For example, a prenuptial agreement can stipulate that a family business will remain the property of the spouse who started it, even in the event of a divorce.

## 6. Support For Estate Planning

A premarital agreement can be a valuable component of comprehensive estate planning. It ensures that your estate plan and your intentions for asset distribution upon death are upheld, complementing wills and trusts. This can be especially important in marriages where there are significant disparities in wealth or complex family dynamics, such as blended families or families with members who have special needs. For instance, a prenuptial agreement can specify that certain assets will be used to support a child with special needs, ensuring their financial security even in the event of a divorce.

## 7. Encourages Financial Dialogue

Finally, the process of creating a premarital agreement not only protects your financial interests but also encourages couples to engage in open and honest discussions about their finances. This financial transparency is a cornerstone of a healthy relationship, fostering trust and ensuring both parties are on the same page regarding their financial expectations and responsibilities.

In Illinois, where[ complex laws guide the financial implications of marriage and divorce](https://www.isba.org/public/guide/gettingadivorce), a premarital agreement offers a proactive approach to protecting your financial interests. It provides a sense of peace, knowing that regardless of what the future holds, your financial security is preserved. Whether you bring substantial assets into a marriage or wish to safeguard your financial future, a premarital agreement is a practical and strategic tool.

## Contact Our Cook County Premarital Agreement Attorneys For Experienced Representation

For those in Cook County contemplating marriage, protecting your financial interests is paramount. Gordon & Perlut, LLC, drafts and reviews premarital agreements and can provide the expertise and guidance necessary to craft a comprehensive and enforceable contract tailored to your unique circumstances. Crafting a premarital agreement is a complex process that requires a deep understanding of Illinois law and careful consideration of your individual situation.

Contact our [Cook County premarital agreement attorneys](https://familylawadvocate.com/divorce/pre-marital-agreement/) at Gordon & Perlut, LLC by calling 847-329-0101 or 312-360-0250 to [schedule a consultation](https://familylawadvocate.com/contact-us/) and make sure your premarital agreement is thorough, fair, and legally binding. Take the first step towards a secure marital future today.

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**Categories:** Premarital Agreement Attorney

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### [Questions To Ask An Illinois Divorce Attorney](https://familylawadvocate.com/questions-to-ask-an-illinois-divorce-attorney/)

**Published:** July 1, 2024
**Author:** familylawadvocate

**Content:**

Navigating a divorce in Illinois can be complex and emotionally draining. One of the most crucial steps in this process is choosing the right attorney to represent your interests. Asking the [right questions during your initial consultation](https://www.justia.com/lawyers/divorce) can provide insights into the attorney’s experience and determine if they are a good fit for your needs. Here are some essential questions to ask a divorce attorney in Illinois and why they are important:

## 1. What is your experience with divorce cases in Illinois?

Understanding the attorney’s experience in handling divorce cases within Illinois is vital. This question helps assess their familiarity with local laws and the nuances of the judicial system in your specific jurisdiction.

## 2. What is your approach to a divorce case?

Each attorney has a unique approach to handling divorce cases. Some may prefer mediation and negotiation, while others might take a more aggressive stance. Knowing their strategy will help you align your expectations and choose an attorney whose style matches your preferred approach. It’s also important to consider your personal compatibility with the attorney, as a good working relationship can significantly reduce stress during this challenging time.

## 3. Can you provide an overview of the divorce process in Illinois?

A knowledgeable attorney should be able to outline the process clearly. This includes filing requirements, major milestones, and expected timelines. Understanding the process will help you prepare mentally and logistically for what lies ahead.

## 4. What are your rates and billing practices?

Cost is a critical factor in any legal proceeding. Asking about rates, billing practices, and estimated total costs can prevent surprises down the line. For instance, some attorneys may charge a flat fee for their services, while others may bill by the hour. It also helps compare financial expectations when consulting with different attorneys.

## 5. How will you communicate with me about my case?

Effective communication is key to a successful attorney-client relationship. Ask how often you will receive updates and through what means (e.g., email, phone calls, in-person meetings). Ensure their communication style meets your expectations.

## 6. What are the potential outcomes of my divorce case?

While no attorney can predict the exact outcome, they should be able to provide a realistic assessment based on their experiences. Understanding the best and worst-case scenarios can help you set realistic expectations and make informed decisions.

## 7. How do you handle conflict in divorce negotiations?

Divorce can become contentious. Knowing how your attorney handles conflict and protects your interests during negotiations is crucial. This insight will give you confidence in their ability to manage sensitive or challenging situations effectively.

## 8. Who else in your office will work on my case?

Often, multiple people in a law firm may handle different aspects of your case. Knowing who they are and what their roles entail ensures that you are comfortable with all team members and their qualifications.

## 9. Can you provide references from past divorce clients?

References can offer insights into the attorney’s performance and client satisfaction. An attorney willing to provide references is typically confident in the quality of their service.

## 10. What steps can I take to protect myself financially during the divorce?

Divorce can have significant financial implications. Asking this question can help you take proactive steps to protect your financial health during and after the divorce. A knowledgeable attorney can provide advice on how to protect your assets, negotiate a fair settlement, and plan for your financial future, helping you secure your financial health during this challenging time.

## Contact Our Divorce Lawyers in Chicago For Exceptional Legal Help

These questions are designed not only to vet the attorney’s qualifications and suitability but also to establish a foundation of trust and transparency from the outset. The responses received will equip you with the necessary information to make an educated decision on who will represent your interests during this pivotal time.

Remember, a skilled, experienced, and empathetic attorney can make all the difference in managing the legal and emotional challenges of divorce. They can provide not just legal advice, but also emotional support and guidance, helping you navigate this difficult time with confidence.

If you are facing a divorce in Illinois and seek a knowledgeable, compassionate attorney to guide you through this challenging process, consider Gordon & Perlut, LLC. With years of specialized experience in divorce law, we are prepared to help you navigate your divorce with dignity and confidence. Contact our [divorce lawyers in Chicago](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC by calling 847-329-0101 or 312-360-0250 to [arrange a consultation](https://familylawadvocate.com/contact-us/) and discuss your case. Let us assist you in taking the first step towards a new beginning.

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### [Why Illinois Doesn't Have Common Law Marriage](https://familylawadvocate.com/why-illinois-doesnt-have-common-law-marriage/)

**Published:** June 3, 2024
**Author:** familylawadvocate

**Content:**

Common law marriage, a form of relationship recognition that does not rely on formal ceremonies or legal documents, [still exists in a few U.S. states](https://www.findlaw.com/family/marriage/common-law-marriage-states.html) but is not recognized in Illinois. This absence can lead to significant legal and social implications for couples who cohabit long-term without a formal marriage.

Illinois law requires that all marriages be [licensed and solemnized](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) in a specific manner, a requirement that clearly distinguishes legally married couples from unmarried cohabitants. The distinction is critical in numerous areas, including inheritance, property rights, and other spousal benefits. This discussion aims to clarify the legal landscape surrounding common law marriage in Illinois, detailing the state’s position and the implications thereof.

## Historical Context And Legal Evolution In Illinois

Illinois’ stance on common law marriage is not a recent development. The state’s definitive move away from recognizing such unions without formal legal proceedings dates back to a significant [legislative decision made in 1905](https://www.rockislandcountyil.gov/FAQ.aspx?QID=254). At that time, the Illinois legislature amended marriage laws to require that all marriages be licensed, effectively abolishing the recognition of new common law marriages. This change reflected a broader trend towards standardization and regulation of marital relationships, mirroring shifts in societal norms and the increasing complexity of personal and financial legal affairs that required clear legal status.

The decision to require marriage licenses was rooted in the need for reliable documentation in legal, social, and economic contexts. Formalizing the process of marriage ensures that all parties have clear rights and obligations, which are crucial in matters of inheritance, divorce, taxation, and personal liability. Furthermore, by centralizing marriage records, the state improved its ability to oversee and enforce these rights and obligations, enhancing the legal framework’s capacity to address disputes and irregularities in personal relationships.

## Reasons For The Lack of Common Law Marriage In Illinois

The reasons behind Illinois’ decision to discontinue common law marriages encompass various legal, social, and economic considerations. Primarily, the legal structure in Illinois aims to safeguard both the state’s interest and those of its residents by ensuring that all marriages meet uniform standards and legal criteria. This approach minimizes ambiguity in marital status, which can complicate legal proceedings related to divorce, custody, and estate settlements.

From a social perspective, the formal recognition of marriages through a licensing system reinforces the commitment between partners by involving procedural steps that underline the seriousness of this union. Economically, having a clear record of marriages helps in the administration of government programs and benefits, which often depend on marital status. For instance, the determination of benefits such as social security and spousal support hinges on clear, legal recognition of a marital relationship, something a common law status might obscure, leading to potential fraud or misallocation of resources.

Moreover, the abolition of common law marriage aligns with the state’s focus on protecting individual rights by ensuring equitable treatment under the law. With the formal recognition of marriage, one partner may benefit or avoid the lack of legal protection in property disputes or inheritance cases. This is particularly relevant in a state like Illinois, where the division of assets follows specific legal statutes and judicial precedents.

## Implications For Unmarried Couples Living In Illinois

For residents of Illinois, the non-recognition of common law marriage has direct and significant implications. Couples who live together without a formal marriage license are not afforded the same legal protections and benefits as those who are married. This affects various aspects of life, including property ownership, inheritance rights, and eligibility for spousal benefits like health insurance and pension payouts.

For example, in the absence of a will, a surviving partner in a non-married couple does not have the automatic right to inherit from the deceased under Illinois probate laws. Similarly, in the event of a breakup, assets acquired during the relationship are not necessarily divided according to the principles that govern marital property unless there is a cohabitation agreement in place. Such scenarios place a significant burden on individuals to establish legal protections through other means, such as wills, trusts, and other legal agreements that delineate property rights and responsibilities.

These legal intricacies underscore the importance of understanding [Illinois’ marriage laws](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=900000&SeqEnd=3000000) and planning accordingly. Couples should consider formalizing their relationships through marriage or creating comprehensive legal agreements to avoid potential legal hardships in the future. Legal professionals play a crucial role in advising clients on these matters, ensuring that they fully understand their rights and options under the current legal framework.

The absence of common law marriage in Illinois is a clear stance that aligns with the state’s legal principles aiming at clarity and protection in familial and personal relationships. This position influences a broad spectrum of legal areas, from property division and inheritance to spousal benefits and legal recognitions.

As societal norms continue to evolve, it remains crucial for legal professionals to guide couples in understanding the implications of these laws and in navigating the necessary legal channels to secure their relationship and property rights. Understanding the nuances of Illinois’ marriage laws is not only important for individual planning but also for advising on broader legal strategies that align with the client’s personal and financial goals.

## Call Our Chicago Family Law Attorneys To Protect Your Interests And Rights

Call Gordon & Perlut, LLC to protect your legal rights and financial interests. If you are facing a family law matter, knowing the proper legal actions to take is very important. Our experienced legal professionals have the experience to handle legal issues. Contact our [Chicago family law attorneys](https://familylawadvocate.com/family-law/) at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) for [an initial consultation](https://familylawadvocate.com/contact-us/). Let Gordon & Perlut, LLC provide you with the professional legal guidance you and your family need.

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### [Why You Should Never Hide Assets While Going Through Divorce](https://familylawadvocate.com/why-you-should-never-hide-assets-while-going-through-divorce/)

**Published:** February 6, 2024
**Author:** familylawadvocate

**Content:**

Divorce is a very stressful and emotional process that often involves the division of marital assets and liabilities. In Illinois, as in many other states, the law ensures a fair and equitable distribution of property between spouses. However, some individuals may be tempted to hide assets to secure a more favorable outcome. In this report, we will explore the reasons why you should never hide assets during a divorce in Illinois, and we’ll delve into the relevant Illinois laws that address this issue.

## Illinois Law on Asset Division

In Illinois, asset division is governed by the [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). This law mandates that marital property is to be divided equitably between the spouses. It’s important to note that “equitable” does not necessarily mean equal; instead, it implies a fair and just division based on various factors.

### Duty of Full Disclosure

One of Illinois’s fundamental principles underlying asset division is the duty of full disclosure. Both spouses are legally required to provide complete and accurate financial information during the divorce proceedings. Full financial disclosure includes declaring all assets, debts, income, and expenses. Hiding assets violates this duty and undermines the integrity of the divorce process.

### Penalties for Hiding Assets

Illinois courts take asset hiding seriously. The consequences can be severe if a spouse is caught attempting to conceal assets. The court may impose penalties such as:

- **Asset forfeiture** – Any hidden assets may be awarded to the innocent spouse.
- **Contempt of court** – The guilty spouse may be held in contempt and face fines or even jail time.
- **Legal fees and sanctions** – The court may order the hiding spouse to pay the innocent spouse’s legal fees and additional sanctions.
- **Modification of settlement** – The court can modify the asset division settlement to favor the innocent spouse.

### Credibility and Trust

Hiding assets can significantly damage a spouse’s credibility and trustworthiness in the eyes of the court. Judges rely on the honesty and transparency of both parties to make fair decisions. If one spouse is found to be hiding assets, it can negatively impact their case.

### Financial Experts and Forensic Accounting

Illinois courts may employ financial experts and forensic accountants to uncover hidden assets. These professionals are skilled at tracing financial transactions and identifying irregularities. Attempts to hide assets are often discovered, leading to unfavorable outcomes for the dishonest spouse.

### Long-term Consequences

Hiding assets may provide short-term financial gains but can lead to long-term consequences. In addition to the legal penalties, a spouse who hides assets may suffer damage to their reputation, strained relationships with children, and ongoing financial instability.

Hiding assets during a divorce in Illinois is not only unethical but also illegal. The duty of full disclosure is a cornerstone of divorce proceedings in the state, and violating this duty can result in severe consequences. Illinois law is designed to ensure a fair and equitable distribution of property. Attempts to hide assets undermine the integrity of the process.

It is always advisable to seek legal counsel and follow the law during a divorce to protect your rights and interests without resorting to unethical practices. Remember that honesty and transparency are essential to achieving a just resolution in your divorce.

## Call Our Chicago Asset Division Attorney to Protect Your Interests

If you have concerns about how your assets will be divided in your divorce and you wish to safeguard your financial interests, call Gordon & Perlut, LLC. When going through a divorce, it’s crucial to have a clear understanding of your legal options. Contact our asset division attorney in Chicago at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your [asset division consultation](https://familylawadvocate.com/contact-us/).

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### [How Can I Get Child Support If My Ex Doesn't Work?](https://familylawadvocate.com/how-can-i-get-child-support-if-my-ex-doesnt-work/)

**Published:** January 23, 2024
**Author:** familylawadvocate

**Content:**

Child support is a vital component of ensuring the well-being of children whose parents are no longer together. It serves as a financial lifeline for many custodial parents, helping to cover the expenses associated with raising a child. However, obtaining child support can become a complex and challenging process, especially when the non-custodial parent is unemployed or underemployed. In the state of Illinois, there is a well-established child support process in place to address these issues and ensure that children receive the support they deserve.

Child support is more than just a legal obligation; it is a crucial means of providing children with the financial resources they need to lead healthy and fulfilling lives. It ensures that children have access to basic necessities such as food, clothing, shelter, education, and healthcare. Beyond meeting their basic needs, child support can also enable children to participate in extracurricular activities, have access to educational opportunities, and enjoy a higher quality of life.

## When the Non-Custodial Parent Is Unemployed or Underemployed

One of the significant challenges in obtaining child support arises when the non-custodial parent is unemployed or underemployed. In such cases, calculating the appropriate amount of child support can be complex. The custodial parent may wonder whether they can obtain support when the other parent is not working or not earning their full potential income. This situation can be frustrating, as it may seem that the non-custodial parent is intentionally avoiding their financial responsibilities.

Illinois has established a comprehensive child support process to address these challenges and ensure that children receive the support they need, even when the non-custodial parent is not working or earning less than their potential income. The state’s child support system is governed by both state and federal laws and is designed to be fair and equitable for all parties involved.

To begin the child support process in Illinois, custodial parents can apply for child support services through the [Illinois Department of Healthcare and Family Services (DHFS](https://hfs.illinois.gov/)). DHFS plays a crucial role in enforcing child support orders and ensuring that payments are made on time and in the correct amount. However, obtaining child support often requires navigating the legal system, and custodial parents may benefit from seeking the guidance of a family law attorney who has experience in child support cases.

### Understanding Child Support Laws in Illinois

In Illinois, child support calculations are primarily guided by the Illinois Child Support Guidelines. These guidelines use an income shares model to determine the amount of child support that the non-custodial parent should pay. The income shares model takes into account both parents’ incomes and the number of children they share. It is designed to ensure that children receive the same proportion of their parents’ combined income that they would have received if the parents were still together.

#### *Income Shares Model*

The income shares model recognizes that both parents have a financial responsibility to support their child. It calculates child support by considering the combined income of both parents and then allocating a portion of that income to the custodial parent based on the child’s needs.

#### *Basic Child Support Obligation*

The basic child support obligation is the foundational calculation in the Illinois Child Support Guidelines. It considers the parents’ combined net income and the number of children to determine the amount of child support owed. The guidelines provide a standardized schedule that outlines the percentage of net income that should be allocated to child support based on these factors.

#### *Deviations from the Guidelines*

While the [Illinois Child Support Guidelines](https://hfs.illinois.gov/childsupport/about/advisorycommittee/faqs.html) provide a standardized method for calculating child support, there are situations where deviations from the guidelines may be necessary. Deviations can occur when the child has unique needs, when one parent has a significantly higher income, or when the non-custodial parent is voluntarily unemployed or underemployed.

### The Role of the Illinois Department of Healthcare and Family Services (DHFS) in Child Support Enforcement

The Illinois Department of Healthcare and Family Services (DHFS) plays a critical role in enforcing child support orders and ensuring that payments are made in accordance with the court’s order. DHFS can assist custodial parents in establishing paternity, locating non-custodial parents, and enforcing child support orders through various means, including income withholding, tax intercepts, and suspension of licenses when necessary.

Child support is a fundamental aspect of ensuring the well-being of children in Illinois. Even when the non-custodial parent is unemployed or underemployed, the state has established guidelines and processes to ensure that children receive the financial support they require. Understanding these laws and the role of DHFS is crucial for custodial parents seeking child support in such circumstances.

### Determining the Non-Custodial Parent’s Income

Accurately assessing the non-custodial parent’s income is a pivotal aspect of the child support determination process in Illinois. It ensures that child support orders are fair and just, benefiting the child’s well-being and financial stability. Without a precise understanding of the non-custodial parent’s financial situation, it becomes challenging to establish appropriate child support payments.

Determining income accurately also promotes fairness between both parents. It prevents situations where the non-custodial parent may intentionally reduce their income or remain underemployed to avoid their child support obligations. By ensuring a transparent assessment of income, the child’s best interests are protected, and both parents share the responsibility of financially supporting their child.

#### *How to Calculate Income for Employed Individuals*

1. **Wages, Salaries, and Bonuses:** For employed individuals, calculating income typically involves considering their wages, salaries, and any bonuses they receive. This includes regular paychecks as well as any additional compensation earned through work-related bonuses or commissions. It is essential to account for all sources of income to establish an accurate child support obligation.
2. **Self-Employment Income:** Self-employed individuals present a unique challenge when assessing income for child support purposes. In such cases, income is often derived from business profits, which can fluctuate. The court will examine the self-employed parent’s financial records, such as tax returns and business financial statements, to determine an appropriate income figure. It’s crucial to ensure that all sources of income, including business profits and personal drawings, are considered when calculating child support.

#### *“Imputed Income” in Cases of Voluntary Unemployment or Underemployment*

In situations where the non-custodial parent is voluntarily unemployed or underemployed, Illinois law allows for the imputation of income. Imputed income refers to the income that the a parent could reasonably earn based on their employment history, education, skills, and job market conditions. This imputation ensures that child support calculations are not skewed by a parent’s intentional efforts to reduce their income.

Imputed income is a crucial mechanism to prevent parents from exploiting the system by purposefully staying unemployed or underemployed to evade child support responsibilities. The court will carefully evaluate the circumstances surrounding the parent’s employment status to determine the appropriate imputed income amount.

#### *The Use of Past Income, Earning Capacity, and Minimum Wage as Benchmarks*

When assessing income, the court may consider several benchmarks to determine a fair child support order. Past income, including historical earnings, can be indicative of a parent’s earning capacity. If the non-custodial parent recently experienced a reduction in income, the court may consider whether it was a genuine change in circumstances or a deliberate effort to avoid child support.

Earning capacity is another crucial factor, where the court evaluates what a parent could reasonably earn based on their education, skills, and work history. This concept is especially pertinent when a parent has a history of consistent employment at a higher income level than they currently report.

Minimum wage can serve as a baseline when imputing income for a non-custodial parent who is unemployed or underemployed. If the parent is not earning at least minimum wage, the court may impute income at that level to ensure that they contribute a reasonable amount to child support.

### Legal Recourse Through the Court System

Child support cases in Illinois often require legal recourse through the court system to ensure that child support obligations are fair and legally enforceable. In this section, we will explore the process of seeking [legal remedies](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm) when dealing with child support issues, especially when the ex-spouse is not working.

When circumstances change, such as the non-custodial parent’s employment status, custodial parents can file a motion with the court to modify child support. This process involves several key steps:

1. **Initiating the Motion:** The custodial parent must draft a formal motion explaining the reasons for the modification and detailing the changes in circumstances, such as the ex-spouse’s unemployment or underemployment.
2. **Court Filing:** The motion is filed with the court, and a copy is served to the non-custodial parent. Proper service ensures that the other party is aware of the motion and has the opportunity to respond.
3. **Court Hearing:** The court will schedule a hearing to review the motion and hear arguments from both sides. During this hearing, both parties can present evidence to support their positions.
4. **Judge’s Decision:** After considering the evidence and arguments presented, the judge will make a decision regarding the modification of child support. This decision may include adjustments to child support payments based on the ex-spouse’s employment status.

It’s crucial for custodial parents to consult with a family law attorney who can guide them through the process and help build a strong case for child support modification.

### The Court’s Role in Determining Child Support When the Ex-Spouse Is Not Working

When the ex-spouse is not working or is underemployed, the court plays a crucial role in ensuring that child support orders are fair and just. The court will examine the circumstances surrounding the non-custodial parent’s employment status and consider various factors, such as their past earnings, educational background, and reasons for unemployment or underemployment.

The court has the authority to impute income to the non-custodial parent if it determines that their unemployment or underemployment is voluntary. Imputed income is an estimate of the income the parent could reasonably earn based on their skills and qualifications. This imputed income is then used to calculate child support payments, ensuring that the child’s financial needs are met.

During a court hearing related to child support, several potential outcomes can arise:

1. **Imputed Income:** If the court finds that the non-custodial parent is voluntarily unemployed or underemployed, it may impute income to them based on their earning capacity. This imputed income becomes the basis for calculating child support payments.
2. **Modification of Child Support Orders:** The court may modify existing child support orders to reflect the changed circumstances. This modification can result in either an increase or decrease in child support payments, depending on the circumstances presented during the hearing.
3. **Contempt of Court:** If the non-custodial parent continues to fail to meet their child support obligations, the court may hold them in contempt. This can result in fines, penalties, or even imprisonment in extreme cases.

It’s important for custodial parents to be well-prepared for court hearings, providing evidence and documentation to support their case. Seeking legal representation from a family law attorney can significantly improve the chances of achieving a favorable outcome.

### Enforcement of Child Support Orders

Ensuring that child support orders are enforced is crucial to guarantee that children receive the financial support they require. Illinois has several methods for [enforcing child support orders](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm), and this section will explore these enforcement mechanisms.

### Methods of Enforcing Child Support Orders in Illinois

1. **Wage Withholding:** One of the most common methods of enforcing child support orders is wage withholding. This involves deducting child support payments directly from the non-custodial parent’s wages by their employer and forwarding the funds to the Illinois State Disbursement Unit (SDU) for distribution to the custodial parent.
2. **Income Tax Interception:** Illinois can intercept the non-custodial parent’s state and federal income tax refunds if they are delinquent on child support payments. These intercepted funds are then applied to their child support arrears.
3. **Liens and Asset Seizure:** The state has the authority to place liens on the non-custodial parent’s property or assets, such as real estate, vehicles, or bank accounts, to secure unpaid child support. In extreme cases, assets may be seized and sold to cover the owed child support.
4. **Suspension of Licenses:** Illinois can suspend the non-custodial parent’s professional licenses, such as driver’s licenses and occupational licenses if they fall behind on child support payments. License suspension serves as a strong incentive for compliance.

### Contact Our Chicago Child Support Lawyers Today

Navigating the child support process in Illinois when dealing with an ex-spouse who is not working requires a thorough understanding of the legal recourse available. Filing a motion to modify child support, working with the court to determine fair child support payments, and enforcing those orders are essential steps in ensuring that children receive the financial support they need. It is crucial for custodial parents to be well-informed and seek legal assistance when necessary to protect their child’s well-being. For additional information and assistance, custodial parents are encouraged to consult with one of our family law attorneys.

If you need legal assistance or would like to speak with our experienced [child support attorney in Chicago](https://familylawadvocate.com/divorce/child-support/) concerning child support issues, please [contact our law firm](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for a legal consultation.

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### [Common Misconceptions About Prenuptial Agreements](https://familylawadvocate.com/common-misconceptions-about-prenuptial-agreements/)

**Published:** January 16, 2024
**Author:** familylawadvocate

**Content:**

[Prenuptial agreements](https://familylawadvocate.com/divorce/pre-marital-agreement/), often referred to as prenups, are legal contracts that couples enter into before getting married. These agreements outline how their assets, debts, and other financial matters will be managed during their marriage and in the event of divorce or separation. While prenuptial agreements have gained prominence in recent years, they still need to be more widely understood.

A prenuptial agreement is a legally binding contract that two individuals sign before marriage. This contract outlines each spouse’s financial rights and responsibilities in the event of divorce, separation, or death. Prenups typically cover various aspects, including the division of property and assets, allocation of debts, and potential spousal support (alimony) arrangements. Prenuptial agreements can be highly customized to suit the specific needs and circumstances of the couple as long as they adhere to legal requirements.

One of the most prevalent misconceptions about prenuptial agreements is that they are only for the wealthy. In reality, prenuptial agreements are not exclusive to individuals with substantial assets or high incomes. They can benefit couples from diverse financial backgrounds.

Another misconception is that prenuptial agreements are a sign of distrust or lack of commitment.  However, they are more about financial planning and can promote open and honest communication between partners about their finances and expectations. Lastly, some may believe that prenuptial agreements are a one-size-fits-all solution, but they can be tailored to address the unique circumstances of each couple.

### Are Prenuptial Agreements in Illinois Only for Wealthy People?

The overarching question of whether prenuptial agreements in Illinois are exclusively for wealthy individuals is multifaceted. While it is true that high-net-worth individuals may have more complex financial situations to address, prenuptial agreements are not limited to the wealthy.

Illinois law allows couples from various financial backgrounds to create prenups that serve their specific needs, whether it involves protecting significant assets, addressing debt, or planning for potential future financial scenarios. In the following sections, we will delve deeper into the purposes, legal considerations, and common scenarios surrounding prenuptial agreements in Illinois to provide a more comprehensive understanding of their role in modern marriages.

Prenuptial agreements serve several essential purposes in a marriage, and contrary to popular belief, they extend beyond just protecting the wealthy. These legal documents are versatile tools that can provide financial security and clarity to couples from all walks of life.

### Requirements for a Valid Prenuptial Agreement in Illinois

Certain conditions must be met to ensure the validity of a [prenuptial agreement in Illinois](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59). First and foremost, both parties must agree voluntarily, free from coercion or duress. Full financial disclosure is crucial, meaning that each spouse must provide accurate and complete information about their assets, debts, income, and liabilities.

Additionally, both parties must sign the prenuptial agreement in writing. It should be executed well before the wedding, allowing ample time for review and consideration. Consulting with independent legal counsel is strongly recommended to ensure that each party fully understands the agreement’s implications.

### Factors That May Invalidate a Prenuptial Agreement

While Illinois law recognizes the importance of prenuptial agreements, there are circumstances under which a court may invalidate or modify them. Some [factors](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59) that could lead to the invalidation of a prenup include:

- Lack of voluntary consent – If one party can prove that they signed the agreement under duress, coercion, or without full understanding, the court may declare it void.
- Unconscionability – If a prenup is excessively one-sided or unfair to one party, it may be considered unconscionable and therefore unenforceable.
- Incomplete or inaccurate disclosure – If either spouse fails to provide complete and honest financial information, the court may invalidate the agreement.
- Lack of legal representation – While not strictly required, each party should have their own attorney when creating a prenuptial agreement. If one party was not given the opportunity to seek legal counsel, it could impact the agreement’s validity.

Understanding these legal considerations is vital for ensuring that a prenuptial agreement in Illinois serves its intended purpose and stands up to legal scrutiny. Couples need to approach the creation of prenuptial agreements with transparency, fairness, and a commitment to protecting their respective interests within the bounds of the law.

### Prenuptial Agreements for Non-Wealthy Individuals

Prenuptial agreements have a wide range of applications that cater to the diverse financial circumstances of couples. These legal documents can provide valuable protection and clarity for individuals from all walks of life.

Contrary to the misconception that prenuptial agreements are exclusive to the wealthy, they have significant utility for individuals with more modest financial circumstances.

#### *Asset Protection for Modest Estates*

Even individuals with relatively modest estates can benefit from prenuptial agreements. These agreements can protect assets like savings, personal property, or a family home. By clearly defining how these assets will be divided or retained in the event of a divorce, couples can avoid disputes and minimize financial strain during a challenging time.

#### *Addressing Student Loan or Credit Card Debt*

Prenuptial agreements can be instrumental in addressing debt issues, such as student loans or credit card debt. If one spouse enters the marriage with significant debt, a prenup can specify whether the other spouse will be responsible for a portion of that debt in the event of divorce. This ensures that both parties understand their financial responsibilities and can plan accordingly.

#### *People with Children From Previous Marriages*

Couples entering a marriage with children from previous relationships often opt for prenuptial agreements. These agreements can address concerns about inheritance and financial support for their respective children in the event of a divorce or the death of one spouse. By ensuring that their children’s interests are protected, individuals can enter into a new marriage with peace of mind.

Prenuptial agreements are not exclusive to the wealthy, nor are they solely about protecting assets. They are versatile legal tools that cater to a wide range of financial situations and individual needs. Whether you are a high-net-worth individual, a small business owner, a professional, or someone with more modest financial resources, a prenuptial agreement can offer peace of mind by providing clarity and protection for your financial future within the bounds of Illinois law.

### Case Studies and Examples

#### *Case 1: A Young Couple with Student Loan Debt*

Consider a young couple embarking on marriage with significant student loan debt. In this case, a prenuptial agreement can address how they will manage this debt during the marriage and in the event of divorce. The agreement can specify whether both parties will be responsible for their respective student loans or if they will share the burden equally. This example illustrates how prenups can provide clarity and fairness, even for couples without substantial assets.

#### *Case 2: A Second Marriage with Children from Previous Relationships*

In a second marriage where both partners have children from previous relationships, a prenuptial agreement can be essential. It can outline how assets will be distributed to ensure that each spouse’s children are financially protected in the event of divorce or death. This case demonstrates how prenuptial agreements can address complex family dynamics and safeguard the interests of all family members.

#### *Case 3: A High-Income Professional Marrying a Lower-Income Spouse*

Imagine a scenario where a high-income professional is marrying a lower-income spouse. A prenuptial agreement can establish fair terms for spousal support in case of divorce, ensuring that both parties are financially protected. This case illustrates how prenups can create financial security and predictability in marriages with significant income disparities.

Prenuptial agreements offer both advantages and disadvantages, and their suitability depends on individual circumstances and preferences. While they can provide clarity, protection, and financial transparency, they may also impact marital trust, carry emotional implications, and have limitations in predicting unforeseen future circumstances. Understanding these aspects and considering real-life scenarios can help couples make informed decisions about whether a prenuptial agreement is the right choice for their marriage.

Ultimately, prenuptial agreements can serve as a catalyst for open and honest communication about finances within relationships. These discussions, while challenging at times, can strengthen the foundation of marriage by fostering understanding and alignment regarding financial goals, expectations, and responsibilities. Couples who engage in these conversations are better prepared to navigate the financial challenges that may arise during their marriage.

The notion that prenuptial agreements in Illinois are exclusively for the wealthy is debunked. Prenups are versatile tools that cater to a wide range of financial situations and individual needs. They provide couples with the means to protect their financial interests, plan for the future, and establish a strong financial foundation for their marriage. By understanding the benefits and limitations of prenuptial agreements and approaching them with transparency and sensitivity, couples can make informed decisions that benefit both their relationship and their financial well-being.

### Contact Our Cook County Prenuptial Agreement Lawyers Today

If you need legal assistance or would like to speak with our experienced [Cook County pre-marital agreement lawyers](https://familylawadvocate.com/divorce/pre-marital-agreement/) concerning prenuptial agreements, please [contact our law firm](https://familylawadvocate.com/contact-us/) at [(312) 360-0250](tel:13123600250) for a legal consultation.

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### [The Difficulties of Divorcing Someone with Narcissistic Personality Disorder](https://familylawadvocate.com/the-difficulties-of-divorcing-someone-with-narcissistic-personality-disorder/)

**Published:** August 22, 2017
**Author:** familylawadvocate

**Content:**

## Divorcing Someone with Narcissistic Personality Disorder

By: M. Scott Gordon

The term “narcissist” gets used colloquially to describe a person who seems more interested in himself or herself than in other people, or to describe a person who appears especially vain. Yet it is important to realize that narcissistic personality disorder is an actual mental disorder that can have a significant impact on the lives of those with this disorder. Indeed, as the Mayo Clinic explains, a “narcissistic personality disorder causes problems in many areas of life, such as relationships, work, school, or financial affairs,” and those with this disorder can become very unhappy or disappointed when they are not treated in a specific manner by others.

As an article in The New York Times discusses, getting divorced from someone with narcissistic personality disorder can be extremely difficult. To be sure, these are often high-conflict, contentious divorces. If you are in a marriage with someone who might be a narcissist, and if you have questions or concerns about moving forward with a divorce, an experienced Chicago area divorce attorney can assist you.

### How Do You Know if Your Spouse Suffers from Narcissistic Personality Disorder?

Being married to someone with narcissistic personality disorder can be extremely difficult, but it may be tough enough—in the short term—to go through a divorce from someone who has this type of mental disorder. How can you know if your spouse suffers from narcissistic personality disorder? This is a mental disorder that would be diagnosed by a professional, but there are certain signs and symptoms that tend to be common among people with the disorder. The Mayo Clinic cites some of the following signs and symptoms of a narcissistic personality disorder:

● Exaggerated sense of self-importance
● Requiring constant admiration
● Having a sense of entitlement
● Expecting special favors from others
● Taking advantage of others for your own betterment
● Inability or unwillingness to recognize the needs and feelings of others
● Being envious of others and believing others envy you
● Behaving in an arrogant manner

### How Mental Health Professionals Diagnose Narcissistic Personality Disorder

**Narcissistic Personality Disorder (NPD)** is characterized by a pattern of grandiosity, a lack of empathy, and an intense need for admiration. To diagnose NPD, mental health professionals use specific criteria from the [Diagnostic and Statistical Manual of Mental Disorders](https://my.clevelandclinic.org/health/articles/24291-diagnostic-and-statistical-manual-dsm-5) (DSM-5). Here are the essential criteria for diagnosing NPD:

1. **Impairments in Personality Functioning**: 
    - **Identity**: Individuals excessively rely on others for self-definition and self-esteem regulation. Their self-appraisal may fluctuate between extremes, and emotional regulation mirrors changes in self-esteem.
    - **Self-direction**: Goal-setting is often driven by gaining approval from others. [Personal standards may be unrealistically high](https://www.mind-diagnostics.org/blog/narcissistic-personality/narcissistic-personality-disorder-dsm-5-criteria-and-treatment-options) (seeing oneself as exceptional) or too low due to a sense of entitlement, often without awareness of their own motivations[1](https://www.mind-diagnostics.org/blog/narcissistic-personality/narcissistic-personality-disorder-dsm-5-criteria-and-treatment-options).
2. **Pathological Personality Traits**: 
    - **Grandiosity**: A grandiose sense of self-importance, persistent fantasies of unlimited success and power.
    - **Lack of Empathy**: Difficulty understanding or caring about others’ feelings.
    - **Need for Admiration**: Craving constant admiration and validation.
    - **Envy**: Becoming envious when others receive praise or attention.
    - **Arrogance**:[ Believing they are special and unique](https://www.verywellmind.com/how-to-recognize-a-malignant-narcissist-4164528), associating only with high-status individuals or organizations.

Diagnosis involves a thorough psychological evaluation, including questionnaires. It considers how symptoms impact daily life and rules out physical causes. Psychotherapy is the primary treatment, focusing on understanding the condition, managing emotions, and improving relationships. Medications (such as antidepressants and anti-anxiety drugs) may also be prescribed to manage symptoms. If you suspect NPD, consult a mental health professional for proper assessment and guidance. 🌟🧠

### Why Are Divorces So Difficult When One Spouse Has Narcissistic Personality Disorder or Narcissistic Traits?

The article in The New York Times emphasizes this: “When people are in relationships with either a full-blown narcissistic personality or even people with a high number of narcissistic traits, it becomes a very traumatic experience for them and the children. When they file for divorce and decide to leave or even think about leaving, it becomes an even bigger nightmare.” Why is divorce so difficult and complicated if one of the partners is a narcissist?

In short, divorcing a narcissist is never a “normal” event. Instead, as the article underscores, “they seek revenge, and the court system is an incredibly great platform for a narcissist . . . where they can just continue the battle with the partner and continue to seek revenge.” Not everyone with this disorder has the same traits and to the same degree. Typically, the more traits associated with a narcissistic personality disorder, the more difficult relationships tend to be (and, therefore, the more difficult a divorce process).

### Frequently Asked Questions About Narcissistic Personality Disorder

#### What causes Narcissistic Personality Disorder?

The exact cause of Narcissistic Personality Disorder is not fully understood, but it is believed to be a combination of genetic, environmental, and social factors. Some research suggests that people with NPD may have experienced childhood trauma or neglect, leading to a distorted sense of self and a need for validation and attention.

#### Can Narcissistic Personality Disorder be treated?

Yes, Narcissistic Personality Disorder can be treated, but it is important to note that it is a complex and challenging disorder to treat. Therapy, specifically psychotherapy, is the most common form of treatment for NPD. Therapy can help individuals with NPD develop more realistic and healthy self-perceptions, improve their relationships, and learn to manage their emotions and behaviors.

#### Is Narcissistic Personality Disorder the same as being self-centered or having a big ego?

No, Narcissistic Personality Disorder is not the same as being self-centered or having a big ego. While people with NPD may exhibit these traits, they also have a distorted sense of self and a lack of empathy for others. Being self-centered or having a big ego does not necessarily mean someone has NPD.

#### Can someone with Narcissistic Personality Disorder have a successful career?

Yes, people with Narcissistic Personality Disorder can have successful careers. In fact, some research suggests that traits associated with NPD, such as confidence and assertiveness, can be beneficial in certain professions. However, it is important to note that NPD can also lead to difficulties in the workplace, such as conflicts with colleagues and a lack of empathy for others.

#### Is there a cure for Narcissistic Personality Disorder?

There is no known cure for Narcissistic Personality Disorder, but with proper treatment and therapy, individuals with NPD can learn to manage their symptoms and lead fulfilling lives. It is important to note that treatment for NPD can be a long and challenging process, and it may require ongoing therapy and support.

#### Can someone with Narcissistic Personality Disorder have healthy relationships?

It is possible for someone with Narcissistic Personality Disorder to have healthy relationships, but it may require a lot of work and effort. Therapy can help individuals with NPD learn to manage their behaviors and develop healthier ways of relating to others. It is also important for the person with NPD to be open to feedback and willing to make changes in their behavior.

#### Is Narcissistic Personality Disorder more common in men or women?

Narcissistic Personality Disorder is more commonly diagnosed in men than in women. However, this may be due to societal expectations and stereotypes that discourage women from seeking help for mental health issues. It is important to note that NPD can affect people of any gender.

#### Can someone with Narcissistic Personality Disorder be a good parent?

It is possible for someone with Narcissistic Personality Disorder to be a good parent, but it may require a lot of work and effort. Therapy can help individuals with NPD learn to manage their behaviors and develop healthier ways of relating to their children. It is also important for the person with NPD to be open to feedback and willing to make changes in their parenting style.

#### Are there any famous people with Narcissistic Personality Disorder?

There is no way to diagnose someone with Narcissistic Personality Disorder without a proper evaluation, so it is impossible to say for sure if any famous people have NPD. However, some experts have speculated that certain public figures, such as politicians and celebrities, may exhibit traits of NPD. Indeed, there currently seems to be a large number of them in the world.

### Speak with Our Chicago Divorce Attorney Today

Given the difficulties of divorce when one partner exhibits narcissistic traits, it is important for family therapists to consider more deeply the links between narcissism, family relationships, and the dissolution of marriage. In the meantime, however, if you have concerns about filing for divorce because your partner suffers from narcissistic personality disorder, you should know that our [Chicago divorce lawyer](https://familylawadvocate.com/divorce/) is here to help with your case. Contact Gordon & Perlut, LLC at 312-360-0250 to discuss your options.

(Updated 12/18/2023)

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### [How Long Does A Divorce Take In Illinois?](https://familylawadvocate.com/how-long-does-a-divorce-take-in-illinois/)

**Published:** June 12, 2023
**Author:** familylawadvocate

**Content:**

If you want to get a divorce in Illinois, you must have lived in the state for at least 90 days, but how long will the divorce take, assuming you are eligible? Keep reading to learn more, and contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) for more information.

## What Affects The Timeline Of Divorce?

[How long your divorce takes in Illinois depends on many factors](https://www.isba.org/public/guide/gettingadivorce). For example, how much do you and your partner agree on significant divorce issues, such as child support, alimony, and property division? If you decide on the major issues, an uncontested divorce could take two or three months. But if the divorce is contested and involves many contentious problems, it can take much longer.

## What Makes The Divorce Take Longer?

Most people want to get their divorce over with as quickly as possible. After all, divorce is expensive, emotionally exhausting, and most want to get a new chapter in their lives. However, there are complicating factors that could prolong your divorce. Talk to your attorney about your case details to learn how long yours could take:

### Children

Having to sort out child-related issues, including custody and child support, are significant factors that can make a divorce take months longer. If you want to speed up the process, try to work out a parenting plan with your spouse. A parenting plan is a document between the parents that outlines decisions about visitation, custody, and significant child-rearing decisions. If you and your spouse cannot agree on a parenting plan, the court may need to get involved, which prolongs the process.

### Asset Division

Illinois is an equitable asset division state, which means marital property is divided equitably, but not necessarily 50/50. If you and your spouse can agree on dividing the money, property, and other assets, the divorce could take less time. But if one spouse tries to hide assets from the other, accountants may need to be involved to sort things out. Divorce usually takes much longer when there are disputes about asset division and who owns what.

### One Party Will Not Negotiate

Some divorces are understandably contentious and involve hurt feelings and a lot of emotion. If one or both parties are angry, dig in, and do not want to negotiate on significant divorce matters, the divorce can take much longer. When the parties cannot work it out, the court has to get involved, and the judge often has to decide on the most contentious matters. These decisions can take many court hearings; just getting those hearings scheduled can take much time.

It is always best in an Illinois divorce to agree on divorce terms as much as possible. Keeping things out of the courtroom to the largest possible degree will shorten the process.

## Talk To Our Chicago Divorce Lawyers Today

If you plan to get divorced, it is easy to become overwhelmed by emotional and legal issues. But a skilled divorce attorney can help you deal with the matter and help you move forward with your new life.  [Contact our Chicago divorce lawyers](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, today at (312) 360-0250 for a consultation about your divorce case.

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### [When Marriage Starts Feeling More Like A Responsibility Than A Partnership](https://familylawadvocate.com/when-marriage-starts-feeling-more-like-a-responsibility-than-a-partnership/)

**Published:** October 12, 2026
**Author:** familylawadvocate

**Content:**

Sometimes, marriage changes so gradually that it’s hard to notice when things start to feel different. You might still live together, pay bills, raise kids, and handle daily life as a team, but the feeling of partnership can fade. One spouse may end up managing most of the household, finances, or family needs without much support.

This can lead to frustration, distance, or the sense that the marriage is held together mainly by responsibility. When people come to us at this point, we explain that there’s no need to rush into a decision about divorce. Instead, it’s important to learn how Illinois law could affect your finances, property, children, and future if you decide to end the marriage.

## Illinois Does Not Require One Spouse To Prove Fault

Many people think they have to show that their spouse did something seriously wrong to get a divorce. In Illinois, that’s no longer the case. The state does not use the old fault-based divorce system anymore.

Under [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), a court may dissolve a marriage when irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or future efforts would be impracticable and not in the family’s best interests. If spouses have lived separate and apart continuously for at least six months before the divorce judgment is entered, Illinois law creates an irrebuttable presumption that the irreconcilable-differences requirement has been satisfied.

So, you don’t have to prove adultery, abandonment, emotional neglect, or any other kind of marital misconduct just because your relationship no longer feels like a partnership.

The bigger legal questions usually come up after you’ve decided to get a divorce.

### Financial Dependence Can Become An Important Divorce Issue

Some marriages become unbalanced because one spouse handles most of the income-producing responsibilities while the other handles children, household obligations, or other family needs. In other cases, one spouse may have placed a career on hold for years while supporting the other spouse’s professional development. Those choices can matter when maintenance is considered.

Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm), an Illinois court may award maintenance to either spouse after considering factors such as each party’s income and property, financial needs, earning capacity, impairment of earning capacity caused by domestic duties or decisions made during the marriage, the standard of living established during the marriage, and the duration of the marriage. Maintenance is decided without regard to marital misconduct.

This means the question is not whether one spouse was emotionally supportive enough. The court instead examines the financial realities created during the marriage and whether maintenance is appropriate under the statutory factors.

### Marital Property Must Still Be Divided

Even if you and your spouse have split up responsibilities for years, Illinois law often treats most property gained during the marriage as marital property.

Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), marital property generally includes property acquired by either spouse during the marriage, subject to specific statutory exceptions. When a divorce occurs, the court divides marital property in “just proportions” after considering the factors listed in the statute.

An equitable division does not necessarily mean a 50-50 split.

Retirement accounts, homes, investments, businesses, savings, vehicles, debts, and other assets may all require review. A spouse who has allowed the other spouse to manage the finances should not assume that assets titled only in the other spouse’s name automatically belong solely to that spouse.

When divorce becomes a realistic possibility, understanding the family’s complete financial picture can be one of the most important early steps.

### Parenting Responsibilities May Need To Be Restructured

When children are involved, how responsibilities were divided during the marriage can matter for future parenting arrangements.

Illinois law refers to the allocation of parental responsibilities, rather than using older concepts such as awarding legal custody in many circumstances. Under 750 ILCS 5/602.5, courts allocate significant decision-making responsibilities according to the child’s best interests. These decisions can involve education, health care, religion, and extracurricular activities.

Parenting time is addressed separately under 750 ILCS 5/602.7. Courts consider numerous best-interest factors, including how much time each parent performed caretaking functions during the 24 months before the filing of the case, prior parenting arrangements, the child’s relationship with each parent, the child’s adjustment to home and school, and the child’s needs.

A parent who has carried most of the day-to-day responsibilities should therefore understand that the history of caregiving can be relevant, although no single factor automatically determines the outcome.

### You Can Learn Your Options Before Deciding Whether To Divorce

Speaking with a divorce attorney does not obligate you to file a case. Sometimes people meet with us because they want to understand what divorce would look like financially before deciding whether their marriage can continue. Others want to know what may happen with their children, home, retirement accounts, business interests, or financial support.

That information can replace assumptions with a clearer understanding of Illinois law. If the marriage has started feeling more like a set of responsibilities than a genuine partnership, knowing your legal position may help you make a more informed decision about what comes next.

## Speak With Gordon & Perlut, LLC About Your Illinois Divorce Options

When a marriage starts feeling more like a responsibility than a partnership, deciding what to do next can be difficult. You may be thinking about your children, finances, home, retirement savings, future living arrangements, or whether ending the marriage is really the right decision. Understanding the legal side of divorce does not require you to make an immediate commitment to file.

At Gordon & Perlut, LLC, we help clients understand how Illinois divorce law may affect property division, maintenance, parental responsibilities, parenting time, and the other practical issues that arise when a marriage ends. We represent clients in Chicago and throughout Illinois and work with each client to identify the legal and financial issues that matter most to their particular circumstances.

If you are considering divorce or simply want to understand what your legal options may be, Call our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our [Chicago](https://www.chicago.gov/city/en.html) office at [312-360-0250](tel:13123600250) or our [Skokie](https://www.skokie.org/) office at [847-329-0101](tel:18473290101)  [for a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout Illinois and can help you better understand what the divorce process could mean for you and your family.

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### [What Is Gray Divorce, And Why Is It Increasing?](https://familylawadvocate.com/what-is-gray-divorce-and-why-is-it-increasing/)

**Published:** September 14, 2026
**Author:** familylawadvocate

**Content:**

Gray divorce refers to ending a marriage later in life, usually when spouses are 50 or older. It can also mean the breakup of a long marriage after children are grown. While these divorces may seem simpler without child custody issues, the financial side is often more complicated. Couples may have spent years saving for retirement, buying property, running a business, and planning their future together. We guide clients in [Chicago](https://en.wikipedia.org/wiki/Chicago) through how a gray divorce in Illinois can impact their property, income, health insurance, estate plans, and long-term financial security.

## Why More Older Couples Are Considering Divorce

Long marriages rarely end for just one reason. Some couples drift apart after years spent focusing on work, raising children, and handling family responsibilities. When the children move out or retirement nears, spouses may find they want different things for their future.

Living longer can also influence the choice to divorce. Someone in their 50s or 60s might not want to spend many more years in an unhappy marriage. Having more financial independence can also make divorce an option for a spouse who once relied on their partner’s income.

Retirement can bring new challenges to a marriage. Couples who were used to spending time apart may now be together much more. Issues like money, travel, family, caregiving, and where to live can become more noticeable and harder to avoid.

No matter the reason for divorce, we encourage clients to think carefully about both the emotional and financial effects before making any decisions.

### Dividing Property After A Long Marriage

Property division is often the central issue in a gray divorce. Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), Illinois generally treats property and debts acquired by either spouse during the marriage as marital property, subject to statutory exceptions. The court divides the marital estate in just proportions after considering factors such as each spouse’s contribution, the length of the marriage, economic circumstances, age, health, income, employability, and future opportunities. Illinois law does not require an automatic 50-50 division.

A long marriage often includes assets like a home, vacation property, investment accounts, pensions, retirement plans, life insurance, deferred compensation, valuable personal items, and business interests. Some of these may be partly marital and partly non-marital property.

For example, a spouse may have owned an investment account before the marriage but continued contributing marital income to it. Careful tracing may be needed to determine which portion remains non-marital. Missing statements or commingled funds can make that analysis more difficult.

We help clients identify all marital assets before talking about a settlement. Dividing property without considering taxes, liquidity, and future income can lead to unfair results, even if the numbers look equal at first.

### Retirement Accounts Require Careful Attention

Retirement savings often represent one of the largest assets in a gray divorce. A pension, 401(k), 403(b), IRA, deferred compensation plan, or other retirement benefit may be marital property to the extent it was earned during the marriage.

An account statement might not show the true value of a retirement plan. For example, a pension could pay monthly income instead of showing a current balance. Some plans also include survivor benefits, early retirement choices, or cost-of-living increases that can change the value.

Spouses should not assume they can transfer retirement assets by simply withdrawing them. Some employer-sponsored plans need a qualified domestic relations order or a specific court order. If done incorrectly, the transfer could lead to taxes, penalties, or lost benefits.

We help clients decide whether to divide retirement assets, offset them with other property, or include them in a larger settlement. The best choice depends on the type of plan and what each spouse will need in the future.

### Maintenance May Be A Major Issue

Maintenance, or spousal support, is often a key issue after a long marriage. One spouse may have earned much less, stayed home to raise children, or helped the other’s career. Going back to full-time work can be hard due to age, health, outdated skills, or a long break from working.

Under [750 ILCS 5/504](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k504.htm), an Illinois court may award maintenance after considering factors that include the parties’ income, property, needs, earning capacity, age, health, standard of living during the marriage, duration of the marriage, and contributions to the other spouse’s education or career. Marital misconduct is not a factor in deciding maintenance.

The standard maintenance formula does not apply to every case. Divorces with higher incomes or special situations may need a more tailored approach. We look at cash flow, retirement plans, job prospects, taxes, and what assets each spouse will get.

### The Marital Home Can Create Difficult Choices

Many older couples have lived in their home for many years. While the house can have strong emotional value, keeping it is not always affordable.

A spouse who wants to keep the home needs to think about mortgage payments, property taxes, insurance, upkeep, repairs, and whether the house will be easy to live in later. Buying out the other spouse might mean refinancing or using retirement savings and investments that could otherwise provide income.

Selling the home may create liquidity and allow both spouses to purchase more suitable housing. However, market conditions, capital improvements, tax concerns, and the timing of the sale should be reviewed.

We advise clients to see the home as both a place to live and a financial asset. While memories matter, it’s important to honestly consider if keeping the house is affordable.

### Health Insurance And Medical Costs Matter

Health insurance can become a pressing concern when one spouse receives coverage through the other spouse’s employer. Divorce usually ends eligibility for coverage as a spouse, although temporary continuation coverage or another insurance option may be available.

A person who is not yet eligible for Medicare may eed to purchase private coverage or obtain insurance through employment. Premiums, deductibles, prescriptions, and anticipated treatment should be included in post-divorce planning.

Health issues may also affect maintenance, employability, housing needs, and the division of liquid assets. We consider these expenses before evaluating whether a proposed settlement will provide enough financial stability.

### Estate Plans And Beneficiary Designations Must Be Reviewed

Gray divorce frequently changes a client’s estate-planning goals. A will, trust, power of attorney, life insurance policy, retirement account, or payable-on-death designation may still name the former spouse.

The divorce judgment does not necessarily update every document or account automatically. Beneficiary designations and estate-planning documents should be reviewed after the divorce, subject to any obligations created by the judgment or settlement agreement.

Clients should also consider who will make medical or financial decisions if they become incapacitated. Adult children, relatives, or another trusted person may need to replace the former spouse in those roles.

### Planning Before Filing Can Protect Your Future

Before filing for divorce, gather tax returns, bank statements, retirement records, property documents, insurance information, credit reports, and estate-planning documents. Do not hide, transfer, or destroy marital property.

A complete financial review can help you understand what retirement may look like in two households instead of one. It can also identify concerns involving debt, beneficiary rights, business income, or property that may be difficult to value.

We help clients set practical priorities and evaluate both immediate and long-term consequences. A gray divorce should be resolved with careful attention to the years ahead, not merely the next court date.

## Speak With Our Chicago Divorce Attorney About Your Gray Divorce

Gray divorce can create serious questions about retirement, maintenance, real estate, health insurance, estate planning, and long-term financial security. We help clients identify marital and non-marital property, evaluate retirement benefits, prepare maintenance claims, and consider how each settlement option may affect life after divorce.

Gordon & Perlut, LLC represents clients in Chicago, Skokie, and throughout Illinois. Our attorneys provide clear legal guidance to individuals facing divorce later in life and other complex family law matters.

Call our [Chicago gray divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [schedule a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and Illinois.

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**Tags:** What Is Gray Divorce?

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### [How Can You Protect Your Credit During An Illinois Divorce?](https://familylawadvocate.com/how-can-you-protect-your-credit-during-an-illinois-divorce/)

**Published:** September 8, 2026
**Author:** familylawadvocate

**Content:**

Divorce impacts more than just your home, savings, or income. Joint credit cards, mortgages, car loans, and unpaid bills can still affect your credit while your case is ongoing. Even if a divorce judgment assigns debt responsibility, you need to follow up to avoid missed payments or collection issues. Closing accounts without checking their terms can also cause problems, especially if you use them for regular expenses. We help clients in [Chicago](https://en.wikipedia.org/wiki/Chicago) find marital debts, keep track of joint accounts, seek temporary protections, and create settlements that aim to prevent future financial disputes.

## Review Every Debt And Credit Account

Start by making a full list of what you owe. This should include mortgages, home equity loans, car loans, personal loans, credit cards, medical bills, taxes, business debts, and any accounts used for family expenses.

Gather your recent account statements and note who owns each account, who is an authorized user, the current balance, minimum payment, due date, and available credit. Accounts in one spouse’s name need to be handled differently than joint accounts. Also, check if either spouse has recently added to balances, taken cash advances, or opened new accounts.

Illinois law treats debts and other obligations acquired after marriage as marital property unless a statutory exception applies. Under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm), the court must classify and allocate property and debts in just proportions after considering the statutory factors. A just division is not always an equal division.

### Check Your Credit Reports Regularly

Credit monitoring helps you spot missed payments, rising balances, new accounts, or unfamiliar activity before bigger problems develop. Check your credit reports regularly during the divorce, not just at the end.

A credit report may also reveal a joint account that was overlooked during financial disclosure. Compare the report with bank statements, loan documents, tax returns, and the financial information exchanged during the case.

Don’t assume that taking your name off as an authorized user means you’re no longer responsible for the debt. Also, a spouse’s promise to pay does not always change what you agreed to with the creditor. Before you close, freeze, or change an account, check who owns it and how the change might affect your regular expenses.

### Keep Current Payments From Becoming Late

Arguing over who should pay a debt does not delay the payment deadline. If both spouses refuse to pay, thinking the other is responsible, you could face late fees, higher interest, and negative marks on your credit.

During the case, develop a written plan for mortgage payments, utilities, insurance, vehicle loans, credit cards, and other recurring bills. Keep proof of each payment. If you pay an obligation that your spouse was supposed to cover, preserve the statement, confirmation, and communication concerning the payment.

Illinois law permits either spouse to request temporary relief while the divorce is pending. Section 501 of the Illinois Marriage and Dissolution of Marriage Act allows courts to enter temporary orders and property restraints when appropriate. These orders may help address access to funds, household obligations, and conduct that threatens marital property.

### Understand The Automatic Dissolution Action Stay

Illinois law provides an automatic dissolution action stay after service of the divorce summons and petition or the respondent’s appearance, whichever occurs first. Under [750 ILCS 5/501.1](https://ilga.gov/documents/legislation/ilcs/documents/075000050K501.1.htm), the stay applies to both spouses and restricts certain conduct while the case is pending.

The statute restricts transferring, concealing, encumbering, or disposing of property except in the usual course of business, for necessities of life, or for reasonable attorney fees. It also restricts terminating utility services or removing a spouse or child from health insurance coverage, subject to the statute and court orders.

This stay can provide important protection, but it does not replace active account monitoring. A spouse may still use available joint credit for ordinary expenses, and disagreements may arise over whether a charge was reasonable. When unusual activity appears, we determine whether additional restrictions or temporary orders should be requested.

### Avoid Retaliatory Financial Decisions

Draining a joint account, running up a credit card, refusing to pay basic expenses, or transferring debt to punish the other spouse can damage your credibility. It may also affect the court’s division of the marital estate.

Section 503 directs Illinois courts to consider each spouse’s contribution to the acquisition, preservation, or decrease in value of marital and nonmarital property. The court may also consider dissipation, which generally involves using marital property for a purpose unrelated to the marriage while the relationship is undergoing an irretrievable breakdown. Illinois law imposes detailed notice and time requirements on dissipation claims.

Continue using money for reasonable living expenses, legal costs, and ordinary obligations. Keep receipts and records when spending may later be questioned. Do not hide accounts, destroy statements, or transfer balances without understanding the legal and financial consequences.

### Separate Finances Carefully

Opening an individual checking account and obtaining credit in your own name may help establish financial independence. The process should be handled carefully, especially when household income has historically been deposited into a joint account.

Update direct deposits only after considering the family’s ongoing expenses and any temporary orders. Do not remove all funds from a joint account merely because you are concerned that your spouse may do so first. A measured approach is usually easier to explain and defend.

You may also consider freezing or limiting a joint credit line by agreement. Before doing so, identify automatic payments tied to the account and determine how necessary expenses will be handled. A written agreement or temporary order can reduce confusion about which spouse will pay each bill.

### Address Joint Debts In The Settlement

A marital settlement agreement should identify each major debt with enough detail to avoid uncertainty. The agreement can state the creditor, account number ending digits, approximate balance, responsible spouse, payment deadline, refinancing requirement, and procedure for documenting satisfaction.

Under [750 ILCS 5/502](https://ilga.gov/documents/legislation/ilcs/documents/075000050K502.htm), spouses may enter into a written agreement resolving property, maintenance, support, and related divorce issues. Property provisions are generally binding unless the court finds the agreement unconscionable. Once approved, the agreement may be incorporated into the divorce judgment.

A general statement that one spouse will pay “all credit cards” may create later disputes. Clear terms should also address new charges, interest, indemnification, access to statements, and what happens if refinancing or account closure cannot be completed by the stated date.

### Do Not Rely On The Divorce Judgment Alone

A divorce judgment allocates responsibility between former spouses. It does not automatically rewrite every mortgage, loan, or credit card agreement signed with a third-party creditor.

For example, a judgment may require your former spouse to pay a joint vehicle loan. If your name remains on the loan and payments are missed, you may still face practical credit consequences. Your remedy against the former spouse does not always prevent the creditor from acting under the original account agreement.

For that reason, refinancing, selling secured property, closing paid accounts, or paying and dividing a balance may provide stronger protection than relying only on a promise of future payment. The correct solution depends on income, available credit, equity, interest rates, and the creditor’s approval.

### Act Quickly When A Court Order Is Violated

If your spouse fails to pay a debt assigned by a temporary order or final judgment, document the missed payment and take action before the default grows. Keep copies of notices, statements, credit alerts, and communications.

Illinois law permits enforcement of divorce orders and judgments. Under 750 ILCS 5/508(b), when a court finds that a party failed to comply without compelling cause or justification, the court must order that party to pay the prevailing party’s reasonable attorney fees and costs connected with enforcement.

Enforcement can seek compliance or reimbursement, but it may not erase damage that has already occurred. Prompt legal action is therefore important when a missed payment threatens foreclosure, repossession, service interruption, or serious credit harm.

## Speak With A Chicago Divorce Attorney About Protecting Your Credit

Credit problems during divorce can continue long after the personal issues have been resolved. We help clients identify joint obligations, review suspicious spending, request temporary financial protections, negotiate clear debt provisions, and enforce payment responsibilities when necessary.

Gordon & Perlut, LLC represents clients in Chicago, Skokie, and throughout Illinois in divorce and family law matters. Our attorneys can help you evaluate how joint accounts, mortgages, credit cards, vehicle loans, and other marital obligations may affect your financial future.

Call our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We represent clients throughout [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and Illinois.

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### [What To Do Before Filing For Divorce In Illinois](https://familylawadvocate.com/what-to-do-before-filing-for-divorce-in-illinois/)

**Published:** August 1, 2026
**Author:** familylawadvocate

**Content:**

Deciding to file for divorce is often difficult. Before you move forward, make sure you understand your legal rights, finances, and family situation. While it’s natural to want to get things over with quickly, taking time to prepare can make a big difference in your case. The steps you take now can impact how property is divided, parenting plans, financial support, and the overall direction of your divorce. Gathering information and learning about the process can help you avoid mistakes and give you a better start.

Illinois divorce law follows the Illinois Marriage and Dissolution of Marriage Act. According to [750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm), a divorce can be granted if irreconcilable differences have led to the breakdown of the marriage. Even though filing may seem simple, there are important things to think about before you start the process.

## Gather Important Financial Documents

We suggest starting by gathering your financial records. Divorce often involves questions about income, assets, debts, and expenses. Before you file, collect tax returns, pay stubs, bank statements, retirement account records, credit card statements, mortgage details, and business records if you have them.

Illinois courts divide marital property according to [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). Knowing what you and your spouse own can help you spot possible issues and avoid surprises later. Keeping good records also helps your attorney give you the best advice.

### Understand Your Parenting Goals

If you have children, take time to think about parenting responsibilities and how you want to share time with them before you file. Illinois courts decide these matters based on what is best for the child under [750 ILCS 5/602.7](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.7.htm).

We encourage parents to consider their children’s schedules, educational needs, healthcare concerns, extracurricular activities, and existing family routines. Being prepared to discuss these issues can help create realistic parenting arrangements and reduce conflict during the case.

### Review Your Household Budget

Divorce often changes a family’s financial structure. Before filing, it is important to understand your income, expenses, debts, and monthly obligations. Creating a detailed budget can help you evaluate your financial needs during and after the divorce process.

Financial information may become important when addressing child support under 750 ILCS 5/505 or spousal maintenance under 750 ILCS 5/504. Understanding your finances early allows you to make informed decisions as negotiations progress.

### Avoid Actions That Can Harm Your Case

Many people make mistakes before filing because they act emotionally rather than strategically. Avoid hiding assets, making unusual financial transactions, deleting records, or posting inflammatory comments on social media. Actions taken before filing can become evidence during the divorce process.

Maintaining accurate records and acting responsibly can help protect your credibility and strengthen your position if disputes arise later.

### Consult With A Divorce Attorney Early

Meeting with an attorney before filing allows you to understand your rights and obligations under Illinois law. Every family situation is different. Early legal guidance can help identify potential concerns, preserve important information, and develop a strategy that aligns with your goals.

Proper preparation before filing often leads to a more efficient and productive divorce process. The better informed you are at the beginning of the case, the better prepared you will be for the decisions ahead.

## Illinois Divorce Frequently Asked Questions

### 
What Documents Should I Gather Before Filing For Divorce?

You should gather tax returns, bank statements, retirement account records, investment account statements, mortgage documents, credit card statements, pay stubs, insurance policies, and any records relating to significant assets or debts. These documents help establish a complete picture of your financial situation and may become important during property division and support discussions.

### Should I Open A Separate Bank Account Before Filing?

The answer depends on your circumstances. While some individuals choose to establish separate financial accounts, it is important to do so carefully and transparently. Moving money improperly or attempting to conceal assets can create significant problems during the divorce process.

### How Does Illinois Divide Property In Divorce?

Illinois follows equitable distribution principles under 750 ILCS 5/503. This means marital property is divided fairly based on the circumstances of the case. Fair does not always mean equal. Courts consider several factors when determining how property should be allocated.

### What If I Own A Business?

Business owners should gather financial statements, tax returns, ownership records, profit and loss statements, and other relevant documentation. Businesses are often subject to valuation during divorce proceedings, making early preparation especially important.

### Should I Move Out Before Filing For Divorce?

There is no universal answer. Moving out can affect finances, parenting arrangements, and other aspects of a case. Before making a decision, it is often beneficial to discuss the situation with an attorney who can evaluate the specific facts involved.

### How Are Parenting Decisions Made In Illinois?

Parenting decisions are based on the child’s best interests under 750 ILCS 5/602.7. Courts consider numerous factors, including the child’s needs, the parents’ involvement, and the ability of each parent to support the child’s relationship with the other parent.

### Can Social Media Affect My Divorce Case?

Yes. Social media posts, messages, photographs, and comments can become evidence in divorce litigation. It is wise to be cautious about what you post online once divorce becomes a possibility.

### Why Is It Important To Speak With An Attorney Before Filing?

An attorney can help identify legal issues, explain your rights, evaluate potential risks, and develop a strategy based on your goals. Early preparation often helps clients avoid mistakes that can complicate a divorce case later.

## Call Gordon & Perlut, LLC For A Free Phone Consultation

Divorce involves important decisions that can affect your finances, your family, and your future. At Gordon & Perlut, LLC, we help individuals throughout Illinois understand their rights, prepare for divorce, and pursue practical solutions tailored to their unique circumstances. We are committed to protecting our clients’ interests and helping them move through the divorce process with confidence.

If you are considering divorce and want to understand your legal options, contact our [Chicago divorce attorneys](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Gordon & Perlut, LLC represents clients in [Chicago](https://www.chicago.gov/city/en.html), [Skokie](https://www.skokie.org/), and throughout Illinois with clear strategy and steady advocacy.

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**Categories:** Divorce

**Tags:** What To Do Before Filing For Divorce In Illinois.

---

### [Does New Medical Marijuana Law Affect Child Custody?](https://familylawadvocate.com/does-new-medical-marijuana-law-affect-child-custody/)

**Published:** July 29, 2026
**Author:** familylawadvocate

**Content:**

## **How Medical And Recreational Marijuana Can Affect Child Custody In Illinois**

[Illinois legalized recreational marijuana on January 1, 2020,](https://idfpr.illinois.gov/profs/adultusecan.html) joining a growing number of states that permit adults to legally possess and use cannabis under certain circumstances. Medical marijuana has also been legal in Illinois for years through the state’s Medical Cannabis Program.

Although marijuana use is legal under Illinois law, many parents wonder whether using medical or recreational cannabis could affect child custody or parenting time during a divorce or other family law proceeding.

The short answer is that legal marijuana use alone should not prevent a parent from receiving parenting time or decision-making authority. However, the way cannabis is used—and whether that use negatively affects a child—can become an important issue in custody litigation.

If you are involved in a divorce, paternity case, or parenting dispute, understanding how Illinois courts evaluate marijuana use can help you protect both your parental rights and your child’s well-being.

### **Recreational Marijuana Is Legal In Illinois**

Illinois became one of the first states to legalize recreational marijuana through legislation rather than a statewide ballot initiative.

Today, adults who are at least 21 years old may legally purchase and possess limited amounts of cannabis under the Illinois Cannabis Regulation and Tax Act. Subject to applicable legal restrictions, Illinois residents may possess:

- Up to 30 grams of cannabis flower
- Up to 5 grams of cannabis concentrate
- Cannabis-infused products containing up to 500 milligrams of THC

Non-residents may possess smaller amounts.

Illinois law also regulates where marijuana may be consumed. Property owners, employers, and landlords may prohibit cannabis use on their property under certain circumstances, and public consumption remains restricted in many locations.

Despite legalization under Illinois law, marijuana remains classified as a Schedule I controlled substance under federal law. While this federal classification rarely affects routine family law cases, it is one reason cannabis laws continue to evolve.

### **Medical Marijuana Remains Available In Illinois**

Illinois also allows qualifying patients to use medical cannabis when recommended by an authorized healthcare provider and approved through the state’s Medical Cannabis Program.

Medical marijuana is commonly prescribed or recommended to help manage conditions involving:

- Chronic pain
- Cancer-related symptoms
- Multiple sclerosis
- Epilepsy
- Post-traumatic stress disorder (PTSD)
- Certain neurological disorders
- Other qualifying medical conditions

Using medical cannabis pursuant to Illinois law does not automatically make someone an unfit parent.

Instead, family courts focus on whether a parent’s conduct affects the child’s safety and best interests.

### **How Illinois Courts Decide Child Custody Cases**

Illinois no longer uses the traditional terms “custody” and “visitation.” Instead, courts allocate:

- [Parental responsibilities](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) (decision-making authority)
- Parenting time

Under[ the Illinois Marriage and Dissolution of Marriage Act, judges make these decisions based upon the child’s best interests](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=8675000&SeqEnd=12200000).

When determining the child’s best interests, courts consider numerous statutory factors, including:

- The child’s relationship with each parent
- Each parent’s ability to meet the child’s needs
- The child’s adjustment to home, school, and community
- Each parent’s willingness to encourage a relationship with the other parent
- Any history of abuse or neglect
- The physical and mental health of everyone involved
- Any conduct that may endanger the child’s well-being

Importantly, Illinois courts generally do not focus on whether a parent’s lifestyle choices differ from another parent’s. Instead, the court evaluates whether those choices negatively affect the child.

### **Does Marijuana Use Automatically Affect Child Custody?**

No.

The Illinois Cannabis Regulation and Tax Act specifically provides that lawful cannabis use alone is generally not a basis for restricting parental rights.

In other words, simply using marijuana legally—whether for recreational or medical purposes—does not automatically make someone an unfit parent.

Much like the responsible consumption of alcohol, legal cannabis use is generally treated as a lawful adult activity.

However, legalization does not protect conduct that places children at risk.

If marijuana use interferes with a parent’s ability to safely supervise, care for, or make appropriate decisions for a child, the court may consider that evidence when determining parenting arrangements.

## **When Marijuana Use May Become A Problem**

Family courts become concerned when cannabis use creates a genuine risk to a child’s safety or well-being.

Examples may include:

### **Driving While Impaired**

Operating a vehicle while under the influence of marijuana is illegal in Illinois.

If a parent drives with a child while impaired, the court may view that conduct as evidence of poor judgment and a potential danger to the child.

### **Using Marijuana During Parenting Time**

Occasional lawful marijuana use after children are asleep may be viewed differently than frequent intoxication while actively supervising young children.

If cannabis use prevents a parent from responding appropriately during emergencies, preparing meals, supervising activities, or otherwise caring for the child, it may become relevant during custody proceedings.

### **Failing To Safely Store Cannabis**

Cannabis products should always be stored securely and out of children’s reach.

Parents should keep:

- Marijuana flower
- Edibles
- Vape cartridges
- Concentrates
- THC-infused beverages

in locked containers or other secure locations where children cannot access them.

Edible cannabis products are particularly concerning because they may resemble ordinary candy or baked goods.

### **Chronic Intoxication**

A court may become concerned if evidence shows that marijuana use regularly interferes with parenting responsibilities.

Examples could include:

- Missing school pickups
- Forgetting medical appointments
- Failing to supervise children
- Sleeping excessively while responsible for young children
- Neglecting household responsibilities

The issue is not simply marijuana use itself, but whether the parent’s conduct negatively affects the child.

## **The Other Parent Must Present Evidence**

Illinois courts generally do not restrict parenting time based on speculation or personal opinions about marijuana.

A judge typically requires evidence showing that cannabis use has actually endangered—or is likely to endanger—the child’s physical, emotional, mental, or moral well-being.

Evidence may include:

- Police reports
- Criminal convictions
- DUI arrests
- Testimony from witnesses
- Medical records
- Department of Children and Family Services (DCFS) investigations
- Photographs or videos
- Text messages or social media posts
- Evidence of neglect or unsafe supervision

The court evaluates the totality of the circumstances rather than relying on isolated accusations.

## **Medical Marijuana Patients Have Additional Considerations**

Parents who use medical cannabis often worry that their prescription alone could negatively affect their custody case.

Generally speaking, lawful medical marijuana use is treated similarly to other prescribed medications.

The important question is whether the medication allows the parent to function safely or instead impairs their ability to care for their child.

Many individuals use prescribed medications for chronic pain, anxiety, PTSD, epilepsy, or other medical conditions while remaining excellent parents.

Conversely, misuse of any prescribed medication—including opioids, benzodiazepines, or medical cannabis—may become relevant if it affects parenting abilities.

### **Mental Health And Marijuana Use**

Researchers continue to study the long-term effects of cannabis, particularly high-potency products that contain significantly greater concentrations of THC than marijuana products available decades ago.

Some studies suggest that heavy or prolonged marijuana use, particularly among certain individuals, may increase the risk of developing or worsening psychiatric conditions such as psychosis or schizophrenia.

This does not mean everyone who uses cannabis will experience mental health problems.

However, when custody disputes involve documented mental illness, substance abuse, or impaired functioning, courts may carefully examine whether marijuana use contributes to those concerns.

Each case depends on its unique facts and the available medical evidence.

### **Practical Tips For Parents Involved In Custody Disputes**

If you are involved in an Illinois parenting dispute and legally use marijuana, consider taking additional precautions to demonstrate responsible parenting.

These may include:

- Never driving after consuming cannabis.
- Never consuming marijuana immediately before or during parenting responsibilities.
- Storing all cannabis products in locked, childproof locations.
- Following all applicable Illinois cannabis laws.
- Avoiding cannabis use in front of children.
- Maintaining stable employment and housing.
- Following medical recommendations if using medical marijuana.
- Consulting your attorney before discussing cannabis use in court proceedings.

Responsible conduct often carries far greater weight than stereotypes or assumptions.

## **Frequently Asked Questions About Marijuana And Child Custody In Illinois**

### **Can I Lose Custody Simply Because I Use Marijuana Legally?**

Generally, no. Illinois law does not automatically penalize parents for lawful recreational or medical marijuana use. Courts focus on whether your conduct negatively affects your child’s safety or best interests rather than whether you legally consume cannabis.

### **Does Medical Marijuana Receive Different Treatment Than Recreational Marijuana?**

Both forms of legal cannabis are generally evaluated in the same way during custody proceedings. The court considers whether your marijuana use impairs your ability to safely parent rather than whether your use is recreational or medical.

### **Can The Other Parent Use My Marijuana Use Against Me In Court?**

The other parent may raise the issue, but allegations alone are usually insufficient. They typically must present credible evidence that your marijuana use has endangered or is likely to endanger your child or has substantially interfered with your parenting responsibilities.

### **Will The Judge Order Drug Testing?**

Possibly. In certain cases involving credible allegations of substance abuse or child endangerment, the court may order evaluations, testing, or other investigations. Whether testing is appropriate depends on the specific facts of the case.

### **Should I Stop Using Marijuana During My Custody Case?**

Every case is different. Even lawful marijuana use can become more heavily scrutinized during contested parenting litigation. Discuss your circumstances with your attorney before making decisions that could affect your case.

### **What If My Former Spouse Uses Marijuana Around Our Child?**

If you believe the other parent’s marijuana use is placing your child at risk, you should document your concerns and speak with an experienced family law attorney. Evidence showing actual impairment, unsafe supervision, driving while intoxicated, or neglect is generally far more persuasive than generalized concerns about cannabis use.

### **Can Marijuana Use Affect Parenting Time Modifications?**

Yes. If marijuana use significantly changes after the original parenting order and begins affecting a child’s safety or welfare, it may become one factor supporting a request to modify parenting time or parental responsibilities. Likewise, evidence that previous concerns have been resolved may support modification in the opposite direction.

## **Speak With Our Chicago Child Custody Attorney**

If marijuana use has become an issue in your child custody or parenting time case, it is important to understand how Illinois courts evaluate these situations. Legal cannabis use does not automatically determine the outcome of a parenting dispute, but evidence that substance use affects a child’s safety can influence the court’s decisions.

The experienced family law attorneys at Gordon & Perlut, LLC represent parents throughout Chicago, Skokie, Cook County, and the surrounding communities in matters involving parental responsibilities, parenting time, child custody modifications, and other family law disputes. We can help you understand your rights and develop a strategy that protects both your parental relationship and your child’s best interests.

[Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)  at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at 312-360-0250 or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  847-329-0101  today to schedule a confidential consultation with an experienced Chicago child custody attorney.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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**Categories:** Child Custody Lawyer

**Tags:** Child Custody

---

### [Signs That Accurately Predict Divorce](https://familylawadvocate.com/signs-that-accurately-predict-divorce/)

**Published:** July 29, 2026
**Author:** familylawadvocate

**Content:**

Every marriage experiences disagreements, periods of stress, and communication challenges. While occasional conflict is a normal part of any long-term relationship, decades of relationship research suggest that certain patterns of behavior are much more strongly associated with marital dissatisfaction and, in some cases, divorce.

One of the most influential researchers in this field, psychologist Dr. John Gottman, identified four destructive communication behaviors that frequently appear in struggling marriages. Often referred to as the “Four Horsemen,” these behaviors are criticism, contempt, defensiveness, and stonewalling. Although the presence of one or more of these behaviors does not guarantee that a marriage will end in divorce, failing to address them can make it increasingly difficult for couples to resolve conflict in healthy ways.

Understanding these communication patterns can help couples recognize potential problems early, seek counseling when appropriate, and make informed decisions about the future of their relationship.

## **Criticism That Attacks Character Rather Than Behavior**

Constructive criticism is an important part of healthy communication. Every couple occasionally discusses behaviors that cause frustration or inconvenience.

Healthy criticism focuses on the specific behavior rather than attacking the person.

For example, saying:

“I’d really appreciate it if you could put your dishes in the dishwasher after dinner.”

is very different from saying:

“You’re lazy and never clean up after yourself.”

The first statement addresses a particular action and offers a solution. The second attacks the person’s character.

When criticism regularly shifts from discussing behavior to assigning negative personality traits, resentment often begins to build. Over time, repeated personal attacks may leave one spouse feeling unappreciated, disrespected, or emotionally unsafe.

Learning to express concerns without attacking one another personally can significantly improve communication within a marriage.

## **Contempt Is One Of The Strongest Predictors Of Marital Breakdown**

Among the communication behaviors identified by relationship researchers, contempt is often considered the most damaging.

Contempt involves communicating superiority, disrespect, disgust, ridicule, or hostility toward a spouse. Rather than expressing disagreement, contempt conveys the message that one spouse believes they are better than the other.

Examples of contempt may include:

- Mocking or sarcasm
- Name-calling
- Eye rolling
- Sneering
- Insults
- Dismissive comments
- Public humiliation
- Belittling accomplishments

For example, instead of calmly discussing a mistake at the grocery store, one spouse may repeatedly say:

“You can’t do anything right.”

or

“I have no idea how you’ve managed to survive this long.”

Repeated expressions of contempt often damage trust, reduce emotional intimacy, and make productive communication increasingly difficult.

Healthy marriages require mutual respect, even during disagreements.

## **Defensiveness Prevents Productive Communication**

Defensiveness often develops when one spouse feels criticized or attacked.

Instead of listening carefully and accepting responsibility for their role in a disagreement, a defensive person may immediately:

- Make excuses
- Shift blame
- Minimize concerns
- Counterattack
- Deny responsibility

For example, if one spouse says:

“I felt overwhelmed handling the children’s schedules by myself this week.”

A defensive response might be:

“Well, you’re not perfect either.”

or

“I only forgot because you never remind me.”

These responses rarely resolve the original issue.

In contrast, acknowledging even a small portion of responsibility often creates opportunities for productive conversations.

Simple responses such as:

“I understand why that frustrated you.”

or

“I could have handled that better.”

may help reduce conflict and encourage collaborative problem-solving.

Taking responsibility does not necessarily mean accepting all of the blame. Instead, it demonstrates a willingness to work together toward improving the relationship.

## **Stonewalling Can Shut Down Healthy Discussion**

Stonewalling occurs when one spouse emotionally withdraws from conflict rather than participating in the conversation.

This may involve:

- Refusing to respond
- Walking away without explanation
- Ignoring questions
- Looking at a phone instead of engaging
- Remaining silent for extended periods
- Leaving the room during disagreements

Stonewalling is often misunderstood.

In some situations, it does not occur because someone does not care. Instead, a spouse may become emotionally overwhelmed and temporarily unable to continue communicating effectively.

Relationship experts often recommend taking a short break when emotions become too intense, allowing both spouses to calm down before returning to the discussion.

The important distinction is whether communication eventually resumes.

Taking a 20- or 30-minute break with the intention of continuing the conversation later is very different from refusing to discuss important issues for days or weeks.

## **Additional Warning Signs A Marriage May Be Struggling**

While criticism, contempt, defensiveness, and stonewalling receive significant attention, they are not the only indicators that a relationship may be experiencing serious difficulty.

Other warning signs can include:

### **Constant Conflict Over The Same Issues**

Every couple has disagreements. However, repeatedly arguing about the same unresolved issues without making progress can indicate deeper communication problems.

### **Emotional Distance**

Many struggling couples report feeling more like roommates than spouses. Emotional withdrawal, lack of affection, and reduced communication can gradually weaken a marriage over time.

### **Loss Of Trust**

Trust can be damaged by infidelity, financial dishonesty, repeated broken promises, substance abuse, or other significant breaches of confidence.

Rebuilding trust often requires considerable effort, transparency, and sometimes professional counseling.

### **Lack Of Shared Goals**

Marriages frequently become strained when spouses develop significantly different priorities regarding finances, parenting, careers, retirement, or future plans.

Maintaining open conversations about long-term goals helps couples adapt as life circumstances change.

### **Poor Conflict Resolution**

Disagreements themselves are not necessarily harmful. Instead, problems often arise when couples are unable to resolve conflict respectfully.

Healthy conflict involves listening, compromise, empathy, and mutual respect.

## **Can These Problems Be Fixed?**

In many cases, yes.

Recognizing unhealthy communication patterns is often the first step toward improving a marriage.

Many couples benefit from:

- Marriage counseling
- Individual therapy
- Communication coaching
- Conflict resolution strategies
- Stress management techniques
- Parenting counseling
- Financial planning assistance

Seeking professional help does not mean a marriage has failed. In fact, many couples strengthen their relationships by learning healthier communication skills before problems become overwhelming.

However, counseling is not appropriate or effective in every situation, particularly when domestic violence, coercive control, or abuse is present. In those circumstances, personal safety should always remain the highest priority.

## **When Divorce May Become The Healthiest Option**

Despite sincere efforts to repair a relationship, some marriages cannot be successfully preserved.

Persistent abuse, repeated infidelity, chronic substance abuse, severe financial misconduct, irreconcilable differences, or years of unresolved conflict may ultimately lead one or both spouses to conclude that divorce is the healthiest path forward.

Ending a marriage is rarely an easy decision. It often involves significant emotional, financial, and legal considerations, particularly when children are involved.

If you are considering divorce, understanding your legal rights before making important decisions can help protect your future and reduce uncertainty throughout the process.

## **How Illinois Divorce Law Addresses The End Of A Marriage**

Illinois is a no-fault divorce state. Rather than proving wrongdoing by either spouse, a divorce may generally be granted when irreconcilable differences have caused the irretrievable breakdown of the marriage.

During the divorce process, courts may address important issues including:

- Allocation of parental responsibilities
- Parenting time
- Child support
- Spousal maintenance
- Division of marital property
- Retirement assets
- Business interests
- Allocation of debts

Every divorce is unique, and the outcome depends on each family’s individual circumstances.

## **Frequently Asked Questions About Divorce Warning Signs**

### **Do Criticism And Arguments Always Lead To Divorce?**

No. Every marriage experiences disagreements from time to time. What matters most is how couples communicate and resolve conflict. Respectful discussions that focus on solving problems are very different from repeated personal attacks or ongoing hostility.

### **What Are The “Four Horsemen” Of Divorce?**

Relationship researcher Dr. John Gottman identified four destructive communication patterns that frequently appear in struggling relationships: criticism, contempt, defensiveness, and stonewalling. While these behaviors are associated with marital distress, they do not guarantee that a couple will divorce.

### **Is Contempt Really More Harmful Than Arguing?**

Research suggests that contempt is one of the strongest predictors of marital dissatisfaction because it communicates disrespect and superiority rather than simply expressing disagreement. Couples who maintain mutual respect during conflict are generally better equipped to resolve differences constructively.

### **Can Marriage Counseling Help Improve These Communication Problems?**

In many situations, yes. Marriage counseling can help couples identify unhealthy communication patterns, improve conflict resolution skills, and rebuild trust. However, counseling may not be appropriate in relationships involving abuse or domestic violence, where safety should remain the primary concern.

### **How Do I Know If Divorce Is The Right Decision?**

There is no universal answer. Every marriage is different. If you are experiencing ongoing conflict, emotional distress, or uncertainty about your future, speaking with both a qualified mental health professional and an experienced family law attorney can help you better understand your options.

### **What Should I Do Before Filing For Divorce In Illinois?**

Before filing, it is often helpful to gather financial documents, understand your household budget, review your assets and debts, and consult with an experienced divorce attorney to learn about your legal rights and responsibilities under Illinois law.

## **Speak With Our Skokie Divorce Attorneys**

If your marriage has reached the point where divorce appears to be the best path forward, obtaining experienced legal guidance can help you protect your rights and prepare for the future. The attorneys at Gordon & Perlut, LLC represent clients throughout Skokie, Chicago, Cook County, and the surrounding communities in matters involving divorce, child custody, parental responsibilities, child support, spousal maintenance, and complex property division.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101)today to schedule a confidential consultation with an experienced Skokie divorce attorney and learn how we can help you navigate every stage of the divorce process.

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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### [How The Length Of Marriage Impacts Divorce In Illinois?](https://familylawadvocate.com/how-the-length-of-marriage-impacts-divorce-in-illinois/)

**Published:** July 25, 2026
**Author:** familylawadvocate

**Content:**

One of the most common questions people ask during a divorce is whether the length of their marriage matters. The answer is yes—but perhaps not in the way many people expect.

Illinois law does not automatically award more property or greater financial support simply because a couple has been married for a certain number of years. Instead, the duration of the marriage is one of several factors courts consider when making decisions about spousal maintenance, dividing marital property, and resolving other financial issues. In longer marriages, the financial lives of the spouses are often more intertwined, making the divorce process more complex.

Whether you have been married for three years or thirty years, understanding how the length of your marriage may affect your divorce can help you prepare for the legal and financial decisions ahead.

## **Does Illinois Have Different Rules Based on the Length of the Marriage?**

Illinois does not classify divorces as “short-term” or “long-term” marriages under a specific number of years. Instead, judges evaluate each case individually.

The duration of the marriage is one of many statutory factors considered throughout the divorce process. While a longer marriage may influence certain decisions, it does not automatically determine the outcome of your case.

For example, a five-year marriage involving significant marital assets may require more complex financial analysis than a twenty-year marriage with relatively few assets. Likewise, a lengthy marriage does not guarantee that one spouse will receive maintenance or a larger share of the marital estate.

Every divorce is decided based on its own facts and the factors outlined in the[ Illinois Marriage and Dissolution of Marriage Act](https://ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&SeqStart=&&ChapAct=FullText).

## **How Marriage Length Affects Spousal Maintenance**

The length of the marriage is often most significant when the court considers whether to award spousal maintenance, formerly known as alimony.

Maintenance is intended to reduce unfair financial hardship when one spouse has a substantially greater ability to support themselves after the divorce than the other. Before awarding maintenance, the court evaluates numerous statutory factors, including:

- The income and property of each spouse
- Each spouse’s present and future earning capacity
- Any impairment of earning ability resulting from domestic responsibilities
- The standard of living established during the marriage
- The age and health of each spouse
- Contributions made by one spouse to the other’s education or career
- The duration of the marriage
- Any other relevant circumstances. (750 ILCS 5/504)

### **Longer Marriages May Result in Longer Maintenance Awards**

Illinois law contains advisory maintenance guidelines that use the length of the marriage to calculate the recommended duration of maintenance when the parties’ incomes fall within the statutory guidelines.

As the length of the marriage increases, the recommended duration of maintenance generally increases as well. In marriages lasting 20 years or more, the court has discretion to order maintenance for a period equal to the length of the marriage or, in appropriate cases, indefinitely.

That does not mean maintenance is automatic. The court must first determine whether maintenance is appropriate based on the parties’ financial circumstances.

### **Shorter Marriages Can Still Result in Maintenance**

A relatively brief marriage does not automatically prevent a maintenance award.

For example, maintenance may still be appropriate if one spouse left the workforce to support the family, experienced health issues affecting employment, or significantly contributed to the other spouse’s career or education.

Conversely, even after a lengthy marriage, maintenance may not be awarded if both spouses have comparable incomes and financial resources.

## **How Marriage Length Can Affect Property Division**

Illinois follows the principle of equitable distribution when dividing marital property.

Equitable does not necessarily mean equal. Instead, the court seeks a division that is fair after considering the circumstances of the marriage.

Among the statutory factors the court considers is the duration of the marriage. (750 ILCS 5/503)

### **Longer Marriages Often Involve More Marital Assets**

As marriages continue over many years, couples frequently accumulate a greater variety of marital assets, including:

- Homes and investment properties
- Retirement accounts
- Investment portfolios
- Business interests
- Pensions
- Vehicles
- Personal property
- Savings accounts

Longer marriages also tend to involve greater commingling of finances, making it more difficult to distinguish marital property from non-marital property.

As a result, property division in long-term marriages often requires more detailed financial analysis.

### **Contributions Matter More Than Income Alone**

Illinois courts recognize that spouses contribute to a marriage in different ways.

One spouse may have earned most of the family’s income while the other focused primarily on raising children, maintaining the household, or supporting the family’s overall financial stability.

The law values both financial and non-financial contributions when dividing marital property.

For that reason, a spouse who spent years caring for children or supporting the household should not assume they are entitled to less property simply because they earned less income during the marriage.

## **Retirement Accounts Become Increasingly Important**

The longer a marriage lasts, the more likely it is that retirement savings will represent a substantial portion of the marital estate.

Illinois courts frequently address issues involving:

- 401(k) plans
- Traditional and Roth IRAs
- Pensions
- Deferred compensation plans
- Government retirement benefits

Marital portions of these accounts are often divided during divorce, and certain transfers may require a Qualified Domestic Relations Order (QDRO) or similar court order.

Because retirement assets may have significant tax implications, they should be evaluated carefully before any settlement is finalized.

## **Marital Debt Also Must Be Divided**

Property division involves more than distributing assets. The court must also allocate responsibility for marital debts.

These may include:

- Mortgages
- Credit card balances
- Vehicle loans
- Home equity loans
- Medical debt
- Personal loans
- Tax liabilities

Illinois does not simply divide debt equally. Instead, the court considers what allocation is equitable under the circumstances, including each spouse’s financial resources and the purpose for which the debt was incurred.

In longer marriages, accumulated debt may become a significant part of the overall property division.

## **Does Marriage Length Affect Parenting Issues?**

Many parents assume that the length of the marriage affects decisions involving children. In reality, Illinois courts decide issues involving parental responsibilities and parenting time based on the child’s best interests—not the length of the marriage.

Whether the parents were married for two years or twenty-five years, the court focuses on factors such as:

- Each parent’s relationship with the child
- The child’s needs
- Each parent’s ability to care for the child
- The parents’ ability to cooperate
- The child’s adjustment to home, school, and community
- Any history of abuse or domestic violence

While a longer marriage may involve more established parenting routines, the duration of the marriage itself is generally not a deciding factor.

## **Longer Marriages Often Present More Complex Financial Issues**

As the years pass, couples often develop increasingly complicated financial situations.

Long-term marriages may involve:

- Family businesses
- Professional practices
- Stock options
- Restricted stock awards
- Multiple real estate holdings
- Inheritance issues
- Executive compensation
- Significant investment portfolios
- Complex tax considerations

These assets frequently require business valuations, financial experts, or forensic accountants to determine their value before they can be divided fairly.

## **Every Divorce Is Unique**

Although the duration of a marriage is an important consideration, no two divorces are exactly alike.

Two couples married for the same number of years may receive very different outcomes depending on their finances, earning capacities, health, parenting arrangements, and future needs.

For that reason, it is important to avoid relying on generalized assumptions about what “usually happens” in a divorce. Illinois judges evaluate the specific facts of each case rather than applying automatic formulas to property division or maintenance.

## **Frequently Asked Questions**

### **Does a Longer Marriage Guarantee Spousal Maintenance?**

No. The court considers many factors in addition to the duration of the marriage, including each spouse’s income, earning capacity, financial resources, health, and future needs.

### **Will Property Always Be Divided 50/50 After a Long Marriage?**

Not necessarily. Illinois follows equitable distribution, meaning property is divided fairly based on the statutory factors rather than automatically being divided equally.

### **Can Separate Property Become Marital Property?**

In some circumstances, yes. Separate property may become partially or entirely marital property if it is commingled with marital assets or otherwise treated as marital property during the marriage.

### **Does Marriage Length Affect Child Support?**

No. Illinois calculates child support using the Income Shares Model, which primarily considers the parents’ incomes, parenting time in applicable cases, and certain child-related expenses—not the duration of the marriage.

## **Contact Our Chicago Divorce Attorney**

Whether you have been married for only a few years or have shared decades together, the financial consequences of divorce can be significant. Understanding how the length of your marriage may affect maintenance, property division, retirement assets, and other financial issues is an important part of protecting your future.

At Gordon & Perlut, LLC, we represent clients throughout Chicago, Skokie, Cook County, and the surrounding communities in all types of divorce and family law matters. Our attorneys provide practical guidance tailored to your unique circumstances and work to achieve fair resolutions through negotiation or litigation when necessary.

If you are considering divorce or have questions about your rights under Illinois law, [contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101)

*This article is intended for general informational purposes and does not constitute legal advice for any individual case.*

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### [Child Custody and Grandparents: Can Grandparents Share Parental Responsibilities?](https://familylawadvocate.com/child-custody-and-grandparents-can-grandparents-share-parental-responsibilities/)

**Published:** November 6, 2019
**Author:** familylawadvocate

**Content:**

## **Can Grandparents Obtain Parenting Time or Parental Responsibilities?**

Grandparents often play an essential role in a child’s life. They may provide daily care while parents work, help raise grandchildren during difficult family circumstances, or become a consistent source of emotional support when a family is experiencing divorce, separation, or other challenges. Because of these close relationships, many grandparents wonder whether they have any legal rights if they are prevented from seeing their grandchildren or if they believe a child would be better served by living with them.

Illinois law recognizes that grandparents can have meaningful relationships with their grandchildren, but it also strongly protects the constitutional rights of parents to make decisions regarding the care, custody, and control of their children. As a result, grandparents do not automatically receive parenting time or decision-making authority simply because they have a close bond with a grandchild.

Understanding how Illinois courts approach grandparent visitation and parental responsibilities can help families better understand their rights and options when disputes arise.

### **What Parental Responsibilities Mean Under Illinois Law**

Illinois family law no longer uses the traditional terms “child custody” and “visitation” when describing the rights and responsibilities of parents. Instead, the[ Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) (IMDMA) refers to the allocation of parental responsibilities.

Parental responsibilities generally include two important components:

- Significant decision-making responsibilities involving issues such as education, healthcare, religious upbringing, and extracurricular activities.
- Parenting time, which refers to the schedule determining when a child spends time with each parent.

Although these changes modernized Illinois family law, they primarily apply to parents and individuals who may legally seek parental responsibilities under the statute. Grandparents are generally treated differently under Illinois law.

### **Do Grandparents Have Automatic Rights in Illinois?**

No. Illinois grandparents do not have automatic legal rights to spend time with their grandchildren or to participate in making decisions about the child’s upbringing.

Courts begin every case with the legal presumption that fit parents are acting in their child’s best interests. This means parents generally have the authority to decide who their children spend time with, including whether grandparents will have regular contact.

Even if grandparents disagree with a parent’s decision, the court will not simply substitute its judgment for that of a fit parent. Instead, grandparents must satisfy specific statutory requirements before a judge will even consider ordering visitation.

This balance protects both the constitutional rights of parents and the interests of children who may benefit from maintaining meaningful relationships with extended family members.

### **Grandparent Visitation Under the Illinois Marriage and Dissolution of Marriage Act**

While Illinois replaced parental visitation with parenting time for parents, the law continues to use the term “grandparent visitation” when discussing the rights of certain non-parents.

[The IMDMA contains specific provisions](https://ilga.gov/documents/legislation/ilcs/documents/075000050K602.9.htm) that allow qualifying grandparents to petition the court for visitation under limited circumstances. The law recognizes that preserving important family relationships may sometimes be in a child’s best interests, particularly when extraordinary family situations have disrupted those relationships.

Unlike parents, however, grandparents are not automatically entitled to court-ordered parenting time. Instead, they must demonstrate that they meet the statutory requirements before the court will consider granting visitation.

### **When Can Grandparents Petition for Visitation?**

Illinois law limits when grandparents may ask a court to intervene. Grandparents generally cannot file a petition simply because they want additional time with a grandchild or disagree with a parent’s decisions.

Instead, a petition may be appropriate in situations involving significant changes within the family, such as:

- One or both parents are deceased.
- The parents are divorced, legally separated, or involved in a pending dissolution proceeding.
- One parent has been missing for an extended period.
- One parent has been incarcerated.
- The child was born to unmarried parents under circumstances recognized by Illinois law.
- Other statutory circumstances that permit the court to consider grandparent visitation.

Even when one of these situations exists, the grandparent must still overcome the legal presumption that a fit parent’s decision to deny visitation serves the child’s best interests.

## **What Factors Does the Court Consider?**

If the court determines that a grandparent has standing to pursue visitation, the judge will carefully examine whether visitation would be in the child’s best interests.

Rather than applying a single test, Illinois courts evaluate the unique facts of every family. Factors commonly considered include:

### **The Existing Relationship Between the Grandparent and Child**

One of the most significant considerations is whether the grandparent and grandchild already share a meaningful relationship. Courts often look at how frequently they spent time together, whether the grandparent served as a caregiver, and the emotional bond that exists between them.

A grandparent who regularly cared for a child over several years may present a much different case than someone who had only occasional contact.

### **The Child’s Physical and Emotional Well-Being**

The court considers the child’s overall health, emotional development, and stability. Judges seek to determine whether continued contact with the grandparent would positively contribute to the child’s well-being without creating unnecessary conflict or disruption.

### **The Mental and Physical Health of Everyone Involved**

Both the child’s health and the grandparent’s ability to safely participate in visitation may be considered. Courts also examine any circumstances affecting the parents that could influence the child’s welfare.

### **The Good Faith of the Parties**

Illinois courts consider whether both the grandparent and the parent are acting in good faith.

For example, a judge may evaluate whether a parent denied visitation because of legitimate safety concerns or simply because of personal disagreements unrelated to the child’s welfare. Likewise, the court considers whether the grandparent is genuinely seeking to preserve an important relationship rather than interfere with the parent’s authority.

### **The Amount of Visitation Requested**

Courts also examine whether the requested visitation schedule is reasonable. Judges generally attempt to preserve important family relationships while minimizing disruptions to the child’s normal routine and the parents’ parenting time.

## **Can Grandparents Obtain Parental Responsibilities Instead of Visitation?**

Many grandparents ask whether they can seek parental responsibilities rather than visitation.

The answer depends entirely on the circumstances.

While Illinois law provides a specific procedure for grandparent visitation, obtaining parental responsibilities is significantly more difficult. A grandparent generally cannot obtain decision-making authority or parenting time simply because they believe they could provide a better home or disagree with a parent’s choices.

However, there are situations where grandparents may seek a greater role in a child’s life if the child’s parents are unable to adequately care for the child. These cases often involve issues such as neglect, abuse, abandonment, long-term incapacity, substance abuse, incarceration, or other extraordinary circumstances.

Cases involving allocation of parental responsibilities to a non-parent are highly fact-specific and require careful legal analysis. Courts closely examine whether statutory requirements have been satisfied while also protecting the constitutional rights of parents whenever possible.

## **Can Electronic Communication Be Included?**

Yes. Illinois law recognizes that maintaining family relationships sometimes involves more than in-person visits.

Depending on the circumstances, a court may permit reasonable electronic communication between grandparents and grandchildren. This can include scheduled telephone calls, video conferencing, text messaging, emails, or other forms of electronic communication that allow meaningful interaction while supporting the child’s best interests.

Electronic communication may supplement in-person visitation or provide an alternative when distance or other practical considerations make frequent physical visits difficult.

## **Common Misunderstandings About Grandparents’ Rights**

Many grandparents understandably believe that a close relationship alone creates legal rights. Unfortunately, this is one of the most common misconceptions.

Illinois courts do not award visitation simply because grandparents have been loving caregivers or because continued contact would generally benefit the child. The law first requires grandparents to establish that they have legal standing to bring a petition before the court even considers whether visitation should be granted.

Likewise, courts do not automatically remove parental decision-making authority simply because grandparents have provided childcare or financial support in the past. Parents retain broad constitutional rights unless exceptional circumstances justify judicial intervention.

Understanding these legal standards can help families pursue realistic solutions while avoiding unnecessary conflict.

## **Frequently Asked Questions About Grandparents’ Visitation** 

### **Can grandparents automatically receive visitation after a divorce?**

No. A divorce alone does not automatically give grandparents visitation rights. Grandparents must still satisfy the statutory requirements under Illinois law, and the court must determine that visitation would serve the child’s best interests.

### **Can grandparents seek visitation if both parents object?**

Possibly, but these cases are often more challenging. Illinois courts begin with the presumption that fit parents are making appropriate decisions regarding their children. Grandparents must overcome that presumption by meeting the legal standards established by the IMDMA.

### **Can grandparents obtain custody simply because they helped raise a grandchild?**

Not necessarily. Providing childcare or serving as an important caregiver does not automatically entitle grandparents to parental responsibilities. Courts carefully evaluate the legal requirements and the specific circumstances before granting a non-parent any parental authority.

### **Will the child’s wishes matter?**

Depending on the child’s age and maturity, the court may consider the child’s preferences along with many other factors. However, the child’s wishes are only one part of the overall best-interests analysis.

### **Can grandparents request virtual visits?**

Yes. In appropriate situations, Illinois courts may authorize electronic communication, including video calls or other technology, as part of a visitation arrangement.

### **Should grandparents hire an attorney?**

Because Illinois grandparent visitation cases involve complex statutory requirements and constitutional issues, working with an experienced Illinois family law attorney can help grandparents understand whether they have standing and what legal options may be available.

## **Speak With Our Experienced Chicago Grandparent Visitation Attorney**

Grandparent visitation and parental responsibility disputes can be emotionally difficult and legally complex. Every family’s circumstances are unique, and the outcome often depends on the specific facts involved, the applicable Illinois statutes, and the evidence presented to the court.

If you have questions about your rights as a grandparent or need guidance regarding visitation or parental responsibilities, the experienced[ Illinois grandparent visitation attorneys](https://familylawadvocate.com/divorce/grandparent-visitation/) at Gordon & Perlut can evaluate your situation, explain your legal options, and help you pursue a solution that protects both your interests and the well-being of your grandchild.

[Contact Gordon & Perlut](https://familylawadvocate.com/contact-us/) at 312-360-0250 today to schedule a confidential consultation and learn how we can assist you with your Illinois family law matter.

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### [How Much Does a Divorce Cost?](https://familylawadvocate.com/how-much-does-a-divorce-cost/)

**Published:** March 25, 2026
**Author:** familylawadvocate

**Content:**

One of the most common questions individuals ask when considering divorce is simple but important: how much will it cost? In Illinois, and particularly in areas like [Chicago](https://www.chicago.gov/), Skokie, and surrounding [Cook County](https://www.cookcountyil.gov/) communities, the cost of divorce can vary significantly depending on the complexity of the case, the level of conflict between spouses, and the legal strategies involved.

While some divorces can be resolved for a few thousand dollars, others can exceed tens of thousands. Understanding the full financial picture—including court fees, attorney costs, and additional expenses—can help you make informed decisions and avoid unnecessary costs.

## Basic Court Costs for Divorce in Cook County

### Filing Fees and Mandatory Court Costs

Every divorce in Illinois involves mandatory court costs, which are typically paid to the Cook County Circuit Court. These are baseline expenses that apply regardless of whether your case is contested or uncontested.

In Cook County, which includes both Chicago and Skokie, typical court-related costs include:

- Approximately $388 to file a petition for divorce
- Around $251 for the responding spouse to file an appearance
- About $60 for service of process through the sheriff

These costs are relatively fixed, although they may vary slightly depending on updates to court fee schedules or specific procedural requirements.

Additional expenses may arise during the case, including fees for transcripts, motions, or required parenting classes if children are involved.

### Fee Waivers for Financial Hardship

If you are unable to afford filing fees, Illinois courts allow individuals to apply for a fee waiver. This requires demonstrating financial hardship, and if approved, certain court costs may be reduced or eliminated.

This option is particularly important for individuals in Chicago and Skokie facing financial strain during divorce.

## Attorney Fees: The Largest Cost Factor

### Hourly Rates and Retainers

Attorney fees represent the largest portion of most divorce costs. In the Chicago area, family law attorneys typically charge between $200 and $500 per hour, depending on experience and case complexity.

Most attorneys require an upfront retainer, which acts as a deposit for future legal work. Retainers often range from a few thousand dollars to significantly higher amounts for complex cases.

Because attorneys bill hourly, costs increase based on:

- Time spent negotiating
- Court appearances
- Drafting legal documents
- Communication with clients and opposing counsel

Even relatively simple matters can become expensive if they involve prolonged disputes.

### Total Average Cost of Divorce in Illinois

Across Illinois, the average cost of divorce generally falls between $10,000 and $15,000 for contested cases.

However, this figure can vary widely:

- Uncontested divorces may cost between $2,500 and $5,000
- Contested divorces often range from $10,000 to $15,000 or more
- Highly complex cases involving litigation can exceed $30,000

These estimates highlight how significantly costs can increase when disputes arise.

## Uncontested vs. Contested Divorce Costs

### Uncontested Divorce: Lower Cost Option

An uncontested divorce occurs when both spouses agree on all major issues, including:

- Division of property
- Child custody and parenting time
- Child support and spousal maintenance

Because there is little need for court intervention or prolonged negotiation, uncontested divorces are typically the most cost-effective option.

In Chicago and Skokie, uncontested divorces often range from $2,500 to $5,000, depending on the attorney and complexity.

In some simplified cases, costs may be even lower, especially if minimal legal assistance is required.

### Contested Divorce: Higher Costs Due to Disputes

A contested divorce involves disagreements between spouses that require negotiation, mediation, or court intervention. Common areas of dispute include:

- Child custody and parenting schedules
- Division of marital property
- Allocation of debts
- Spousal support

These disputes significantly increase the amount of attorney time required, which directly increases costs.

Contested divorces in Illinois typically range from $10,000 to $15,000 or more, with complex cases potentially reaching much higher amounts.

## Key Factors That Influence Divorce Costs

### Complexity of Assets and Property Division

The more assets involved in a divorce, the more complex and expensive the case becomes. This is particularly true in Chicago and surrounding areas where individuals may own:

- Multiple properties
- Retirement accounts
- Business interests
- Investment portfolios

Valuing and dividing these assets often requires financial experts, appraisers, or forensic accountants, which adds to the overall cost.

### Children and Parenting Issues

Divorces involving children tend to be more expensive due to additional legal considerations such as:

- Parenting time arrangements
- Decision-making responsibilities
- Child support calculations

Courts may also require parenting classes or mediation, which adds to the cost.

Disputes involving children often require more court involvement, further increasing attorney fees.

### Length of the Divorce Process

The longer a divorce takes, the more expensive it becomes. Simple cases may be resolved in a matter of months, while contested divorces can take a year or longer.

Each additional court appearance, motion, or negotiation session increases the total cost.

### Use of Mediation

Mediation can be an effective way to reduce costs by helping spouses reach agreements outside of court. While mediation involves its own fees, it is often significantly less expensive than litigation.

In many cases, mediation can reduce both financial and emotional costs by promoting cooperation.

## Additional Costs to Consider

### Service of Process and Administrative Fees

In addition to filing fees, you may need to pay for serving divorce papers to your spouse. This typically involves a sheriff or private process server.

Other administrative costs may include document preparation, copying, and filing additional motions.

### Expert Witnesses and Evaluations

In complex cases, experts may be required to provide testimony or evaluations. These may include:

- Financial experts
- Child psychologists
- Vocational experts

These services can add thousands of dollars to the total cost of a divorce.

### Post-Divorce Modifications

Even after a divorce is finalized, additional legal costs may arise if modifications are needed. This can include changes to custody arrangements, support obligations, or enforcement of court orders.

## The Emotional Cost of Divorce

While financial costs are often the primary concern, the emotional impact of divorce should not be overlooked. Divorce can involve significant stress, uncertainty, and conflict, particularly when children are involved.

High-conflict situations not only increase emotional strain but also lead to higher legal costs. Couples who are able to communicate effectively and work toward resolution often experience both lower financial and emotional burdens.

## Divorce Costs in Chicago and Skokie: Local Considerations

### Cook County Court System

Divorces in Chicago and Skokie are handled through the Cook County court system, which has specific procedures and fee structures. Local knowledge of these procedures can help streamline the process and avoid unnecessary delays.

### Importance of Local Legal Representation

Working with a divorce attorney familiar with Chicago, Skokie, and surrounding areas provides several advantages. Local attorneys understand:

- Cook County court procedures
- Local judges and expectations
- Common issues in the region

This knowledge can help reduce inefficiencies and potentially lower overall costs.

## How to Reduce the Cost of Divorce

### Prioritize Cooperation

One of the most effective ways to reduce divorce costs is to minimize conflict. Reaching agreements on key issues early in the process can significantly reduce attorney fees.

### Use Mediation When Possible

Mediation allows couples to resolve disputes without going to court. This can reduce both costs and the time required to finalize the divorce.

### Stay Organized and Efficient

Providing your attorney with organized documents and clear information can reduce billable time. Avoid unnecessary communication and focus on essential legal matters.

### Understand Your Goals

Having a clear understanding of your priorities can help you make strategic decisions and avoid prolonged disputes that increase costs.

## FAQs About Divorce Cost In Illinois

### How much does a divorce cost in Chicago, Illinois?

The cost varies widely, but uncontested divorces typically range from $2,500 to $5,000, while contested divorces often cost $10,000 to $15,000 or more.

### What are the basic filing fees in Cook County?

Filing fees generally include approximately $388 to file a divorce petition, $251 for the responding spouse, and about $60 for service of process.

### Why are contested divorces more expensive?

Contested divorces require more attorney time, court appearances, and negotiations, which significantly increases costs.

### Can I get a divorce without a lawyer to save money?

Yes, but representing yourself can be risky, especially in complex cases. While it may reduce upfront costs, mistakes can lead to long-term financial consequences.

### Does having children increase the cost of divorce?

Yes. Cases involving children often require additional legal work, including custody arrangements and support calculations, which increase overall costs.

## Contact Our Cook County Divorce Lawyers Now

The cost of divorce in Chicago, Skokie, and surrounding areas depends on a wide range of factors, including the level of conflict, complexity of assets, and whether children are involved. While some divorces can be resolved relatively affordably, others may require significant financial investment.

Understanding these cost factors allows you to plan effectively and make informed decisions throughout the process. By prioritizing cooperation, exploring mediation, and working with experienced legal counsel, you can manage both the financial and emotional impact of divorce.

If you are considering divorce in Chicago, Skokie, or nearby communities, it is important to understand your options and protect your financial future. An experienced family law attorney can help you navigate the process, control costs, and achieve the best possible outcome.

We know how difficult divorce can be on a person’s finances, and we can work with you to help keep costs down in your divorce while maintaining personalized and careful representation. A variety of options may exist to help with your circumstances. One of the dedicated [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our firm can discuss your case with you today and options for getting started. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

Chicago Office – 312.360.0250

Skokie Office – 847.329.0101

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### [How Does Child Support Work With Two Different Mothers?](https://familylawadvocate.com/how-does-child-support-work-with-two-different-mothers/)

**Published:** June 22, 2021
**Author:** familylawadvocate

**Content:**

**How Does Child Support Work With Two Different Mothers?**

**By: Gordon & Perlut, LLC**

The Illinois child support model changed relatively recently to an “income shares” model that considers the incomes of both parents when determining the total [child support](https://familylawadvocate.com/divorce/child-support/) obligation instead of ordering one parent to pay child support to the other parent.

Part of the reason for this shift is the concurrent change in Illinois child custody and parental responsibility laws. Rather than awarding child custody to one or both parents and identifying one of the parents as a custodial parent, the court now allocates parental responsibilities according to the terms of the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) (IMDMA).

Given that courts frequently allocate parental responsibilities to both parents unless there is a clear reason to restrict one parent’s ability to make significant decisions about the child’s upbringing or to provide caretaking functions, it makes sense that both parents would also share a child support obligation. Yet how does child support with two different mothers? Our [child support lawyers in Chicago](https://familylawadvocate.com/divorce/child-support/) can help you to understand the answer to this question in a couple of different scenarios.

## Courts Will Use the Income Shares Model for Determining Child Support with Two Mothers in a Same-Sex Relationship

For same-sex couples who are separating after years in a committed relationship or are getting divorced, many different questions about issues like parenting plans and child support can arise. In particular, given the common heteronormative assumptions and misconceptions about a father being the primary earner in a family and paying child support, how does child support work with two different mothers?

Under current Illinois law, any child custody case arising out of a breakup or a divorce will also require the court to determine the appropriate child support obligation. Regardless of whether the parents are a heterosexual couple made up of a mother and father or a same-sex couple made up of two mothers or two fathers, the court will use the income shares model to determine a child support obligation.

To be clear, the income shares model is not based on the sex or gender of the two parents in any capacity. Accordingly, the income shares model will be used when there are two same-sex mothers who share a minor child from their relationship.

### When a Parent Has Children with Two Separate Mothers from Different Relationships

The question about how child support works with two different mothers can also refer to a situation in which a parent has children with two separate mothers from different relationships.

In situations where a parent has children with two separate mothers, the court will still use the income shares model to determine the total child support obligation. However, to determine the child support obligation based on the income shares model, the court combines the parents’ net incomes and not their gross incomes.

Accordingly, to determine the net income for the parent who has children with two separate mothers, the court will deduct the amount of child support that the parent already pays for the child he or she shares with the first mother. Then, the total child support obligation for the child or children shared with the second mother will be based on the parents’ net income minus that preexisting child support obligation.

### Contact Our Child Support Lawyers in Chicago

Do you have questions or concerns about child support? An experienced[ child support attorney in Chicago](https://familylawadvocate.com/divorce/child-support/) is here to help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about the services we provide to parents in the Chicago area.

Chicago Office – 312.360.0250

Skokie Office – 847.329.0101

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**Tags:** child support, Same-Sex Marriage

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### [What Happens If Your Ex Stops Paying Maintenance In Illinois?](https://familylawadvocate.com/what-happens-if-your-ex-stops-paying-maintenance-in-illinois/)

**Published:** September 15, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we understand the stress and financial hardship that can come when a former spouse stops paying court-ordered maintenance. Spousal maintenance, sometimes referred to as alimony, is often essential for maintaining financial stability after a divorce. When payments stop unexpectedly, it can disrupt your life and create uncertainty about your future. Fortunately, Illinois law provides legal remedies to enforce maintenance orders and hold non-paying ex-spouses accountable.

## Understanding Maintenance Orders Under Illinois Law

Maintenance in Illinois is governed by [750 ILCS 5/504](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=FAMILIES&ActName=Illinois%20Marriage%20and%20Dissolution%20of%20Marriage%20Act.&ActID=2086&ChapterID=59&ChapAct=750+ILCS+5%2F&SeqStart=6200000&SeqEnd=8675000), which allows the court to order one spouse to make periodic payments to the other after a divorce. These payments are meant to provide financial support based on factors such as the length of the marriage, the income and earning capacity of both parties, and the standard of living during the marriage. Maintenance orders are legally binding court directives, and failing to comply with them can lead to serious legal consequences for the paying spouse.

### Legal Remedies When Maintenance Payments Stop

If your ex stops paying maintenance, you have the right to file a petition for enforcement under [750 ILCS 5/511](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K511.htm). This allows the court to review the case and order your ex to comply. The court has several enforcement options:

- **Contempt of Court –** The judge can hold the non-paying party in contempt, leading to fines, interest on unpaid amounts, and even jail time for willful non-compliance.
- **Income Withholding –** The court may order wage garnishment to ensure maintenance payments are taken directly from your ex’s paycheck.
- **Judgment for Arrearages –** You can request a judgment for the unpaid maintenance amount, which may include statutory interest under Illinois law.

These remedies are designed to protect your rights and ensure you receive the support you are legally entitled to.

### Modifications And Termination Of Maintenance

It’s important to understand that your ex cannot simply stop paying maintenance on their own. If they believe their circumstances have changed significantly, they must petition the court for a modification under [750 ILCS 5/510](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k510.htm). Only a court order can change or terminate maintenance obligations. Until such an order is granted, your ex is legally required to continue making payments as specified in the divorce decree.

## Frequently Asked Questions About Nonpayment Of Maintenance In Illinois

### What Should I Do First If My Ex Stops Paying Maintenance?

You should contact your divorce attorney as soon as payments are missed. We can file a petition for enforcement with the court to protect your rights and seek immediate remedies.

### Can My Ex Go To Jail For Not Paying Maintenance?

Yes, if the court finds that nonpayment is willful, the judge can hold your ex in contempt of court, which may include jail time until they comply with the maintenance order.

### Can I Collect Interest On Unpaid Maintenance?

Under Illinois law, past-due maintenance payments can accrue statutory interest, increasing the total amount your ex owes. We can request the court to include interest in the judgment for arrears.

### Can Maintenance Payments Be Taken Directly From My Ex’s Paycheck?

Yes, income withholding is a common enforcement tool. The court can order your ex’s employer to deduct maintenance payments from their wages and send them directly to you or through the State Disbursement Unit.

### What If My Ex Claims They Cannot Afford Payments?

Financial hardship does not excuse ignoring a court order. Your ex must petition the court for a modification under 750 ILCS 5/510, providing evidence of a substantial change in circumstances. Until the court approves a modification, payments are still due.

### Can I Recover Attorney Fees In A Maintenance Enforcement Case?

Yes, under Illinois law, the court may order your ex to pay your reasonable attorney fees incurred in seeking enforcement of the maintenance order.

## Call Gordon & Perlut, LLC, For Immediate Help With Maintenance Enforcement

If your ex has stopped paying maintenance, you do not have to face the situation alone. At Gordon & Perlut, LLC, we fight for your rights and pursue every legal option to secure the support you deserve. We represent clients throughout Chicago and all of Illinois in maintenance enforcement cases.

Contact our [Chicago maintenance lawyers](https://familylawadvocate.com/maintenance-aka-alimony/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). Let our experienced divorce attorneys help you protect your financial future and hold your ex accountable under Illinois law.

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---

### [What Happens When One Spouse Doesn’t Want the Divorce in Illinois?](https://familylawadvocate.com/what-happens-when-one-spouse-doesnt-want-the-divorce-in-illinois/)

**Published:** September 1, 2025
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we know that divorce can be stressful, and it becomes even more complicated when one spouse refuses to cooperate. In Illinois, you do not need mutual agreement to get a divorce. The law allows one spouse to proceed even when the other does not want to end the marriage. If you are facing this situation, it is important to understand how Illinois law handles contested divorces and what your rights are under the law.

## Illinois No-Fault Divorce And Contested Proceedings

Under [750 ILCS 5/401(a)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm), Illinois is a no-fault divorce state. This means that the only ground for divorce is that the marriage has suffered an irretrievable breakdown due to irreconcilable differences. The court does not require both spouses to agree to the divorce, nor does it require proof of wrongdoing like adultery or abandonment. If one spouse testifies that irreconcilable differences exist, the court can grant the divorce even if the other spouse disagrees.

If the non-filing spouse contests the divorce, the court may require a separation period of at least six months to establish irreconcilable differences under [750 ILCS 5/401(a-5)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm). After this time, the court assumes the marriage has broken down beyond repair, and the divorce can move forward.

Refusing to participate in the divorce process does not stop it. If a spouse ignores divorce papers or fails to appear in court, the judge can grant a default judgment, finalizing the divorce without their input. However, it is always better to have legal representation to ensure that property division, child custody, and support orders are fair and enforceable.

Contested divorces take longer and may require mediation or a trial. The court will make decisions on property, debts, child custody, and support based on Illinois statutes, including [750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm) for property division and [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm) for child custody. The court’s priority is to reach a fair resolution based on the evidence presented, not to force a couple to stay married.

## Frequently Asked Questions About Divorce When One Spouse Objects In Illinois

### Can My Spouse Stop The Divorce If They Do Not Agree?

No. Illinois law allows one spouse to obtain a divorce even if the other objects. The court only needs evidence of irreconcilable differences under 750 ILCS 5/401(a).

### What Happens If My Spouse Refuses To Sign Divorce Papers?

If your spouse refuses to sign, the case becomes contested. The court will schedule hearings and may ultimately enter a divorce judgment without their signature if they fail to participate.

### Will I Have To Prove Fault To Get A Divorce In Illinois?

No. Illinois is a no-fault divorce state. You only need to state that irreconcilable differences have caused an irreparable breakdown of the marriage.

### How Long Does A Contested Divorce Take?

Contested divorces often take longer than uncontested cases, sometimes a year or more, depending on court schedules, disputes over property or custody, and whether mediation is required.

### Can My Spouse Delay The Divorce By Ignoring Court Dates?

They can cause delays, but they cannot stop the process. If they fail to respond or appear in court, the judge can grant a default judgment in your favor.

### How Does The Court Decide Custody If My Spouse And I Disagree?

Under [750 ILCS 5/602.5](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K602.5.htm), the court bases custody decisions on the child’s best interests. Factors include each parent’s ability to provide care, the child’s relationship with each parent, and any history of abuse or neglect.

### What If My Spouse Threatens To Hide Assets During Divorce?

Illinois law requires full financial disclosure under 750 ILCS 5/501. If a spouse hides assets, the court can impose penalties, order reimbursement, or award a greater share of marital property to the other spouse.

## Call Gordon & Perlut, LLC, For A Free Divorce Consultation

At Gordon & Perlut, LLC, we fight for your rights and help you move forward even when your spouse refuses to cooperate. Our attorneys understand Illinois divorce law and know how to protect your interests in contested cases.

Contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at our Chicago office at [312-360-0250](tel:13123600250) or our Skokie office at [847-329-0101](tel:18473290101) to [arrange a free consultation](https://familylawadvocate.com/contact-us/). We proudly represent clients throughout Illinois in divorce and family law matters.

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### [Can I Claim My Child on Taxes if My Ex is Behind in Child Support?](https://familylawadvocate.com/can-i-claim-my-child-on-taxes-if-my-ex-is-behind-in-child-support/)

**Published:** February 12, 2019
**Author:** familylawadvocate

**Content:**

**Can I Claim My Child on Taxes if My Ex is Behind in Child Support?**

**By: M. Scott Gordon**

After getting divorced when there are minor children from the marriage, both parents should understand who has the right to claim the child on income taxes. To be clear, both parents are not permitted to claim the child—the child cannot be claimed on two separate income tax returns. However, the question of who gets to claim the child in and of itself is a complicated one.

Even when the parents understand clearly who is able to claim the child, the tax situation can become more complex when the parent entitled to claim the child fails to make child support payments or to uphold his or her child support obligation. In such cases, the other parent often wants to know: can I claim my child on taxes if my ex is [behind in child support](https://familylawadvocate.com/divorce/child-support/failure-to-pay/)? We will discuss the tax implications of child custody (“Allocation of Parental Responsibilities”) and divorce, and then we will say more about how one parent’s [failure to pay child support](https://familylawadvocate.com/divorce/child-support/failure-to-pay/) may (or may not) impact taxes.

## Claiming the Child on Your Income Taxes

First, before we discuss whether a parent can claim a child on his or her taxes when the other parent is behind on child support payments, it is important to understand who gets to claim the child in the first place. In effect, federal tax law has not quite caught up with changes to child custody laws like those in Illinois. In other words, federal tax law does not discuss the child-related tax benefits in terms of parental responsibilities and the income shares child support model, but rather in terms of “custodial”. With federal taxes, a parent may be entitled to claim child-related tax benefits if that parent provided the majority of the financial support or was the primary custodial parent.

With Illinois law on parental responsibilities and the income shares model for child support, both parents make contributions to the child financially, physically, and intellectually. As a result of shared parenting time and joint financial child support obligations, many parents alternate claiming the child for tax purposes each year. There are many different rules for different tax benefits regarding children, including:

- Dependency exemption
- Child tax credit (CTC)
- Exclusion for dependent care benefits
- Head of household filing status
- Earned income tax credit (EITC).

Depending upon the living situation, which parent gets to claim those benefits listed above can be complicated. But what happens when Parent A, for example, is supposed to be able to claim child-related tax benefits but fails to make child support payments or contribute to his or her percentage of the child support obligation? Can the other parent—Parent B—decide to claim child-related tax benefits that year even though Parent A is supposed to be able to claim those benefits?

### **Parents Generally Cannot Claim Child-Related Tax Benefits in Response to Child Support Default**

In general, Parent B in the hypothetical above cannot claim child-related tax benefits in Parent A’s year just because Parent A failed to uphold his or her child support obligations. There are other child support collections options and enforcement mechanisms that Parent B may be able to use to recover child support.

However, if the court agreed to include a provision in the divorce settlement requiring timely child support payments in order for each parent to be eligible for child-related tax benefits, then it may be possible for Parent B to claim those benefits in response to Parent A’s default. However, it is always important to speak with a family lawyer about your situation.

## How Child Support Arrearages May Impact Income Tax

Child support arrearages, which refer to the unpaid obligations of child support, can have profound financial implications for parents involved in custody arrangements. These arrears do not merely represent a growing debt; they can significantly affect one’s federal and state income tax refunds. While child support payments are not categorized as taxable income nor are they deductible for the payer, falling behind on these obligations can initiate a series of enforcement actions intertwined with tax regulations.

### What You Need to Know About Child Support Payments

Let’s break down the fundamental aspects of child support payments:

**Tax Status for the Recipient** – Child support payments received are not considered taxable income. This means that recipients do not report these payments as part of their earnings when filing their taxes.

**Tax Status for the Payer** – On the flip side, individuals who pay child support cannot deduct these payments from their taxable income, which can affect their tax liability. This distinction is crucial as it sets child support apart from alimony, which may have different tax implications based on the conditions of the divorce agreement. Thus, while child support arrearages do not directly alter your taxable income, they can have significant repercussions on your tax refund.

### The Treasury Offset Program

One of the most impactful consequences of failing to make timely child support payments is the potential interception of federal tax refunds through the[ Treasury Offset Program](https://fiscal.treasury.gov/top/) (TOP) This program allows for the U.S. Department of the Treasury to seize tax refunds for individuals who have overdue child support payments. Here are some key points to understand about this process: –

**Applicability to Different Tax Returns** – The offset mechanism affects both individual and joint tax returns. Consequently, if a parent has a tax obligation due to arrears, their refund may be intercepted regardless of whether they filed alone or with a partner.

**Protecting Joint Filers** – If you file a joint return with a spouse who does not owe child support, you can submit[ IRS Form 8379](https://www.irs.gov/forms-pubs/about-form-8379) (Injured Spouse Allocation) to safeguard your share of the refund, ensuring that it is not taken to cover your partner’s arrears.

### The Disproportionate Impact on Low-Income Taxpayers

It is essential to recognize that recent reforms have shed light on how arrearage enforcement disproportionately affects low-income noncustodial parents. In 2025, new IRS documentation rules and payment caps were implemented to alleviate financial burdens on those with limited income. These reforms include:

**Modified Refund Offset Thresholds** – Changes in the income levels that trigger refund offsets to provide relief to lower-income individuals.

**Extended Hardship Exemptions** – Increased access to exemptions for those facing significant financial hardships, helping to protect their essential funds.

**Simplified Dispute Processes** – Streamlined procedures for contesting incorrect arrearage balances, aiming to make it easier for parents to resolve disputes. Nevertheless, many low-income families still endure the stress of tax refund seizures, which can disrupt their ability to cover essential living expenses such as rent and utility bills, further complicating their financial situation.

### Importance of Reporting and Documentation

Though child support arrearages don’t have to be reported as taxable income or deductions, both the IRS and state child support agencies require specific documentation to substantiate:

**Payment History** – Records detailing payment schedules and amounts. –

**Custody Arrangements** – Documentation of custody agreements which outline the support obligations.

**Proof of Hardship or Dispute** – Evidence to support claims of financial difficulty or disputes regarding payment amounts. Failure to maintain accurate records can result in processing delays for tax refunds or complications in resolving enforcement actions. Therefore, it is advisable for parents to keep meticulous documentation of all payments and communications with child support agencies.

### Strategic Steps for Navigating Tax Season with Child Support Arrearages

If you find yourself in arrears for child support, consider these practical strategies to minimize potential tax-related disruptions:

**1. Verify Your Arrearage Balance** – Before filing your tax return, check your balance with your state’s child support enforcement office. This will help you understand your current obligation and avoid surprises.

**2. File Early** – Filing your taxes early may allow extra time to address any disputes or issues that arise concerning your refund.

**3. Utilize IRS Form 8379** – If you are filing a joint return with a spouse who does not owe arrears, complete this form to protect your apportioned refund.

4\. **Seek Professional Help** – Consult with a tax preparer or legal aid if your refund is essential for your financial well-being. They can guide you through the process and provide advice tailored to your situation. Additionally, certain states offer payment plans or forgiveness programs for individuals with longstanding arrears, which can help reduce the chances of having your refund withheld.

## Contact Our Chicago Family Law Attorneys

While child support arrearages may not directly change your taxable income, their repercussions on your tax refund can be substantial and far-reaching. Understanding the complex relationship between family law and tax enforcement is vital for both custodial and noncustodial parents. Staying informed, keeping comprehensive records, and seeking professional guidance can empower you to navigate tax season more effectively, ultimately reducing the potential for unwelcome surprises.

Do you have questions about child support and child-related tax benefits? Our compassionate [Chicago child support attorneys](https://familylawadvocate.com/contact-us/) can help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at 312-360-0250 for more information.

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---

### [How Does the Court Decide Payments for College Expenses for Children?](https://familylawadvocate.com/how-does-the-court-decide-payments-for-college-expenses-for-children/)

**Published:** December 15, 2021
**Author:** familylawadvocate

**Content:**

**How Does the Court Decide Payments for College Expenses for Children?**

**By: Gordon & Perlut, LLC**

Getting a college degree can provide your child with definite advantages when it comes to securing a satisfying, well-paying career. However, paying college expenses often proves to be a major challenge for parents, particularly in cases where they are unmarried or have gone through the process of a divorce.

Obtaining a college contribution Order in Illinois can help ensure your child has the opportunities they deserve and that any expenses are paid. Gordon & Perlut, LLC. are child support lawyers in Skokie that can explain the circumstances in which this may apply.

**Paying The High Costs Of College Expenses**

Going to college is an option most parents encourage and strive to provide for their children. In addition to the personal growth benefits and the opportunity to make lifelong friends, getting an Associate’s, Bachelor’s, or Master’s degree is a requirement in many professional fields. Unfortunately, it can come at a hefty price. College Tuition Compare states that for the 2020-2021 academic year, the average cost of college tuition and fees in Illinois is more than $10,000. If your child opts to stay on campus or go out of state, these costs can more than double.

How can parents afford these prices, particularly if they are single or struggling financially in the aftermath of a divorce? Scholarships and financial aid can help supplement expenses, but even if your child gets a full ride, there are:

- Application fees.
- Expenses related to books, laptops, and other school supplies.
- Additional costs you will need to pay.

Having the Court address this issue is often the best option.

**Having College Expenses Ordered by the Court**

Under [section 513 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513), either parent can petition the Court to set forth each parties’ obligation towards your child’s college expenses. It is important to remember that the Court will also set forth what obligation your child has as well towards their education.

If your child shows the intent to go to college, where they have the proven aptitude and ability to perform the work, and where they would otherwise be unable to go unless both parents chip in to help, start addressing these issues while they are in their senior year of high school.

**Let Our Child Support Lawyers in Skokie or Chicago Assist You**

Wondering whether you will receive help paying for your child’s college expenses? Reach out to Gordon & Perlut, LLC. Our [child support attorneys in Skokie](https://familylawadvocate.com/divorce/child-support/) are here to assist you, providing the trusted representation you need. To request a consultation, call or contact our office online today.

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**Tags:** college expenses

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### [How Garnishment Withholding Is Calculated in Child Support](https://familylawadvocate.com/how-garnishment-withholding-is-calculated-in-child-support/)

**Published:** April 6, 2022
**Author:** familylawadvocate

**Content:**

**How Garnishment Withholding Is Calculated in Child Support**

**By: Gordon & Perlut, LLC**

Child support may be ordered as part of a divorce, in legal proceedings when unmarried couples split up, or as a result of a paternity case. These payments help ensure your child’s needs are provided for and offset basic living costs, such as housing, food, clothing, health care, and educational expenses. Unfortunately, despite having a court order in place, some parents still refuse to pay, make late payments, or otherwise do not pay the full amount of child support owed.

In these types of cases, our [Chicago area child support attorneys](https://familylawadvocate.com/divorce/child-support/) help to ensure this debt is paid. We can guide you in enforcement actions, which include having the other parent’s Social Security benefits garnished.

**Enforcing Child Support In the Chicago Area**

Parents have a legal duty and a moral obligation to provide financially for their children. Getting a child support order issued through the [Cook County Court/Domestic Relations Division](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division) or other county Court in Northeast Illinois is the best way to ensure you get the maximum amount your child deserves and that these payments are made in a timely fashion.

Once an order is in place, legal actions can be taken if the other parent fails to comply or falls behind in their payments. This includes:

- Wage garnishment
- Seizure of money in bank accounts
- Liens on property they own

To avoid [paying child support in the Chicago area](https://www.countyoffice.org/chicago-child-support-social-service-office-chicago-il-366/#:~:text=The%20Chicago%20Child%20Support%20%26%20Social%20Service%20Office%2C,office%20can%20also%20establish%20paternity%20and%20garner%20wages.), the other parent may hide assets or even quit their job, relying on Social Security benefits instead. These can also be seized to make up for any outstanding child support amounts owed.

**Social Security Benefits Can Be Garnished For Child Support**

Disability, retirement, and supplemental benefits for low-income individuals are available through the [Social Security Administration (SSA)](https://www.ssa.gov/benefits/). While there are laws protecting these benefits from bankruptcy and creditor claims, there are two situations in which they can be garnished: for payment of back taxes and for child support debts.

Social Security benefits can be garnished for child support, as well as for restitution or alimony payments. While Social Security is a federal program, each state has its own rules regarding how this is done. Under the [Illinois Statutes (750 ILCS 28/)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2093&ChapterID=59), the Income Withholding for Support Act allows up to 65 percent of the non-paying parent’s benefits to be withheld. This can be used for the following:

- To satisfy current child support payments
- To make up for past arrearages
- To cover any interest added to the amount of past child support owed

The total amount you are entitled to in garnishing Social Security benefits for child support will depend on whether they have any other outstanding child support, other family court obligations, or past-due taxes.

**Call Our Chicago Area Child Support Lawyers**

You and your child should not have to sacrifice or suffer financially because the other parent refuses to pay child support. At Gordon & Perlut, LLC., our skilled [Chicago area child support lawyers](https://familylawadvocate.com/contact-us/) help you get the payments you are entitled to. Give us a call and request a free, initial consultation to discuss your options today at (312) 360-0250.

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**Categories:** Child Support, Family Law Attorney

**Tags:** child support

---

### [Ways To Stay Close To Your Children After Divorce](https://familylawadvocate.com/ways-to-stay-close-to-your-children-after-divorce/)

**Published:** February 27, 2023
**Author:** familylawadvocate

**Content:**

There are times when marital issues cannot be resolved, and divorce is the best course. However, children sometimes have a tough time during a divorce if the parents do not plan carefully. But there are proven ways you can stay close to your children after divorce. Learn more about this critical topic below, then contact our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC for legal assistance.

## Always Try To Have A Relationship With Your Kids

There is no question that life changes for children after a divorce. They may seem different to you and distant. But you should always try to continue a strong relationship with them. If your ex-partner has primary custody, be sure to write, text, and video your kids often and see them according to the visitation schedule.

You also can continue and grow your relationship with them by attending their extracurricular activities and other events. The more they see you, the better your connection will be over time.

## Develop Common Interests

Did one of your children become interested in ice skating after (or before) the divorce? It can help to improve your relationship by taking up the same hobby. Or your son likes to play chess or paint. You can go to classes with them to improve their skills. Whatever the interest or pastime is, you can enhance your connection to your kids by taking an interest in what they do.

## Be Positive About Your Ex-Spouse

Most divorces have plenty of bad feelings between their partners. Always be optimistic about your ex with the kids, no matter the situation or what happened during the marriage. There is nothing to be gained by attacking your ex-spouse in front of the kids. This will only make it harder to maintain a solid relationship with them.

## Live Nearby

You can stay closer to your children after divorce if you live nearby. No matter what the kids say, they will feel better if the other parent is only a few minutes away. In addition, living close by means you can interact with them more, such as picking them up from school or going to the playground.

## Send Them Gifts

Most kids love it when their parent thinks of them on special days and holidays. They will look forward to what you give them. Also, send them cards and letters in the mail on their birthdays. They will think of you more positively if you show that you are thinking about them often.

## Try To See Them More Than What The Schedule States

Child custody agreements / Allocation Judgments set a schedule of parenting time. However, if your ex is ok with it, try to see them more often. Spending more time with them over the months and years will keep you close.

## Contact Our Chicago Divorce Lawyers Today

If you are going through a divorce, you need to be sure that your children get through this experience in the best possible way. While divorce can be challenging for kids, there are ways to ensure you stay close to them after the breakup, so you have the best parent–child relationship. If you need help with your divorce, please [contact our Chicago divorce lawyers](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC at (312) 360-0250.

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### [Parenting Time Problems and Tech Obsessions](https://familylawadvocate.com/parenting-time-problems-and-tech-obsessions/)

**Published:** July 11, 2017
**Author:** familylawadvocate

**Content:**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

Can a parent’s obsession with technology, such as surfing the web on a smartphone or sending text or email messages, interfere with [parenting time](https://familylawadvocate.com/divorce/child-custody/) such that the child’s well-being is negatively affected? In Chicago, “parenting time” refers to the time in which a parent exercises caretaking functions of the child. Under Illinois law ([750 ILCS 5/602](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7)), “parenting time” is the term we now use to describe physical custody of the child. In other words, this is a time in which the child is being cared for physically by the parent. Illinois presumes that both parents are fit for [parenting time](https://familylawadvocate.com/divorce/visitation/) unless there is evidence that “a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.”

Given that state law wants to help create strong relationships between parents and children, there is indeed a presumption that parents are fit for parenting time without a strong showing to the contrary. While a parent’s obsession—or constant use of—technology likely does not rise to the level of an activity that would make the parent unfit for parenting time, a [new study](https://www.sciencedaily.com/releases/2017/05/170524101501.htm) in the journal *Child Development* suggests that tech-obsessed parents can raise children with behavioral problems.

## Technology Interruptions Can Lead to Behavioral Problems in Children

When parents share in parenting time after a divorce in Chicago, the goal is to maintain a healthy relationship between the child and the parents (just like before the divorce). However, according to the study in *Child Development*, technology could be interfering with strong parent-child relationships, and it could even be resulting in behavioral problems in children. More specifically, the recent study concluded that, “even in low amounts, interruptions to parent-child time caused by digital technology are associated with greater child behavior problems.” To be clear, spending too much time on your tablet or smartphone could impact your child’s upbringing.

The study involved researchers from Illinois State University and the University of Michigan’s C.S. Mott Children’s Hospital. The authors of the study looked at the amount of time parents currently spend using tablets and smartphones when they are with their young children, and they observed a correlation between digital technology use and problematic child behavior. When children in newly divorced family situations “act out” or have tantrums, parents often make assumptions about the child’s behavior—assumptions linked to the family separation or the divorce. However, the researchers suggest that, at least in some cases, parents’ constant use of smartphones might be a factor.

### Relationship Between Smartphone Use and Child Behavior

How did the study work? The researchers asked parents “to rate how problematic their personal device use was based on how difficult it was for them to resist checking new messages, how frequently they worried about calls and texts, and if they thought they used their phones too much.” In addition, the researchers asked parents to estimate “how often phones, tablets, computers, and other devices diverted their attention when otherwise engaged with their children.”

This is what they found: nearly half of all parents indicated that, at least three times or more each day, technology interrupts their interactions with their children. About 24 percent said these interruptions occur about twice on a typical day, 17 percent reported about one interruption on a typical day, and only 11 percent indicated that digital technology does not interrupt their interactions with their children. The researchers then studied the behavior of the children of those parents surveyed and determined that there may in fact, be a relationship between parents’ technology usage and child behavior.

The authors of the study emphasize that there is more research to be done, but this study is a good start in helping to think through some of the ways in which parenting time in Chicago can be hindered or problematized through technology.

## Contact Our Chicago Parenting Time Attorneys

If you have questions about parenting time in Chicago, an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250.

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**Categories:** Parenting Time

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### [Telling Your Children that Mom and Dad are Divorcing](https://familylawadvocate.com/telling-your-children-that-mom-and-dad-are-divorcing/)

**Published:** July 25, 2018
**Author:** familylawadvocate

**Content:**

**Telling Your Children that Mom and Dad are Divorcing**

**By: M. Scott Gordon**

Divorce can be emotionally traumatic for the adults involved. Now imagine how disorientating it is for your children. One day, they have both of their parents at home, and the next, either Mom or Dad will move out and live in their own apartment.

Admittedly, some children will not be surprised by [divorce](https://familylawadvocate.com/divorce/). They hear and understand more than parents give them credit for, and they know when relationships are on the rocks. Nevertheless, being told “We are splitting up” is a heavy blow for even the savviest child. Follow these tips for speaking to your children about divorce.

### Tell Your Children Together

Both parents should be present when telling the children about the divorce. If only one breaks the news, then he or she might feel tempted to start placing blame on the other parent. By telling the children together, you present a [united front](https://www.huffingtonpost.com/michelle-rozen/telling-children-about-divorce_b_3351936.html). You also signal to the children that both parents will remain in their lives. Find a time when everyone can get together.

An exception to this rule exists if your spouse has been physically abusive to either you or the children. In this situation, for your own safety, you can tell the children without your spouse present, perhaps in consultation with a therapist.

Also, absolutely avoid telling one child and asking him to keep it a secret. This is a terrible burden on your children. It also tells the older child that he or she is responsible for protecting younger siblings from your divorce, which is unfair.

### Clear Out the Entire Afternoon

If you are nervous about telling your children, you might want to drop the news in an offhanded manner as you drive them to soccer practice. That is a terrible idea. Parents need to “own” the divorce, as well as their children’s responses to it, and not try to avoid uncomfortable conversations. Instead, clear out the rest of the afternoon. Also, hang around home after telling them, because your children might have questions and want to talk about it one or two hours later.

### Avoid Blame

Now is not the time to start arguing that you have felt emotionally abandoned for years, or that the other parent has a new paramour. Your children are not interested (even if they ask, “Why?”), and you will not score points by trashing the other parent in front of your children. If you need to work through your emotions—and many people do—then you should seek out a therapist to meet with on your own time. Don’t treat your children as your therapist.

If you need to answer the “Why?” question, come up with something honest but light on details. For example, “We have found we are not happy together” works for many people.

### Tell Your Children You Love Them

Children need constant reinforcement that they are not to blame for the divorce and that you love them. Even if your child seems to be taking it in stride, they might be hiding their emotions. Children often feel fear of the future. As best as you can, tell them what will change after the divorce and that they will always be safe.

## Consult with Our Chicago Divorce Attorneys

Is divorce on the horizon? If so, you should meet with our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) as soon as possible to consider your options. Divorces are complicated, and you will need to make many hard decisions. The sooner you can begin to discuss the divorce, the better. At Gordon & Perlut, LLC, we have helped countless men and women get the divorces they want. To [schedule your free consultation](https://familylawadvocate.com/contact-us/), please contact us at 312-360-0250.

(Updated 4/16/2025)

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### [How Parenting Time in Illinois is Decided](https://familylawadvocate.com/how-parenting-time-in-illinois-is-decided/)

**Published:** April 29, 2021
**Author:** familylawadvocate

**Content:**

**How Parenting Time in Illinois is Decided**

**By: Gordon & Perlut, LLC**

Going through a divorce that involves minor children from your marriage, or going through a breakup with a partner with whom you share minor children, will mean that you need to learn more about how [parenting time](https://familylawadvocate.com/divorce/visitation/) will be decided. In any child custody case, the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA) oversees parental responsibilities, which include both significant decision-making responsibilities and parenting time.

You might already know that parenting time is the new way in which Illinois courts discuss what used to be known as physical custody and visitation or the time that a parent spends with the child and exercises day-to-day duties and caretaking functions.

When you are anticipating a child custody case in Illinois, you may be wondering how parenting time will be decided. There are two general ways that parenting time can be decided, and a [Chicago child custody lawyer](https://familylawadvocate.com/divorce/visitation/) at our firm can assist you under any and all circumstances.

## Develop a Parenting Plan

The first way that parenting time can be decided is through a court-approved parenting plan. A parenting plan, according to the IMDMA, is “a written agreement that allocates significant decision-making responsibilities, parenting time, or both.” When it comes to allocating parenting time, a parenting plan is ultimately a written agreement between the parents about how they will share parenting time.

The development of a parenting plan will only work if the parties are able to reach an agreement with one another about how they will both play a role in the day-to-day caretaking functions necessary to raise their children.

A parenting plan will only become effective if the court approves the agreement, and the court will only approve the agreement if the terms are in the best interests of the child. To be clear, in allocating parenting time through a parenting plan, the parties must use the “best interests of the child” standard. The court can ask the parents to make changes to the parenting plan before it approves if the terms do not appear to be in the best interests of the child.

Once the court approves a parenting plan, it has the effect of a court order and is incorporated into an Allocation Judgment. In circumstances where the parents cannot reach an agreement through a parenting plan, or when any kind of communication between the parties is not appropriate, the court will allocate parenting time through an allocation judgment after a Hearing or Trial.

### Court Allocates Parenting Time Through an Allocation Judgment

The allocation judgment is a court order that outlines how the parents will provide caretaking functions for their children and will share in these parental responsibilities. The court uses the “best interests of the child” standard in issuing an allocation judgment and considers a wide variety of factors, including but certainly not limited to:

- Wishes of the parents
- Wishes of the child, if the child is mature enough to make a reasoned and independent preference
- Previous amount of parenting time in the last 24 months for each parent
- Prior agreement between the parents
- Child’s adjustment to home and community
- Mental and physical health of the parents and the child

## Learn More from Our Child Custody Lawyers in Chicago

The divorce lawyers of Gordon & Perlut, LLC understand that the most difficult aspect of any legal case is the question of Illinois child custody. [Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act](https://law.justia.com/codes/illinois/2010/chapter750/075000050HPt_VI.html#:~:text=(a)%20The%20dissolution%20of%20marriage,the%20standards%20of%20Section%20602.) requires a court to determine the allocation of parental responsibilities (formerly known as custody) in accordance with the best interest of the child. If you have questions about the allocation of parental responsibilities, our [Chicago child custody lawyers](https://familylawadvocate.com/divorce/child-custody/) are here to assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today at 312-360-0250.

(Updated 4/16/2025)

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**Categories:** Child Custody Lawyer, Divorce Attorney

**Tags:** Parenting Time

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### [Why Contested Divorces Take So Much Longer](https://familylawadvocate.com/why-contested-divorces-take-so-much-longer/)

**Published:** August 12, 2024
**Author:** familylawadvocate

**Content:**

In Illinois divorce law, [contested divorces](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000) tend to unfold at a markedly slower pace compared to their uncontested counterparts. If you find yourself facing divorce, understanding why this process can stretch over an extended period may help you manage expectations and make informed decisions. As a Chicago divorce attorney at Gordon & Perlut, LLC, I have navigated numerous contested divorce cases. My role is to provide legal guidance, and support, and to shed light on the complexities that often extend the duration of these proceedings. Here are a few reasons why contested divorces take so much longer.

## Disagreements on Key Issues

The primary factor that prolongs contested divorces is disagreement between spouses on [critical issues](https://www.isba.org/public/guide/gettingadivorce) such as child custody, property division, alimony, and child support. Each of these areas requires careful negotiation, and if the parties cannot reach an agreement, intervention must be made by the courts. This not only adds layers to the legal process but also requires meticulous preparation of evidence and legal arguments, which inevitably extends the timeline.

## Discovery Process

In contested cases, the discovery phase is often comprehensive and time-consuming. This phase involves the exchange of documents and information between the parties to establish the facts that will inform the division of assets, custody arrangements, and other key concerns. The process can be lengthy, especially if one party is less than forthcoming or if substantial assets need to be evaluated.

## Court Interventions

When spouses cannot agree on major aspects of their divorce, the court must step in to make decisions. Court schedules are generally crowded, and getting a date for hearings can take time. Moreover, each hearing can only cover so much ground, and multiple sessions may be necessary to address all the issues in your divorce comprehensively.

## Motions and Legal Challenges

Contested divorces often involve numerous motions and legal filings that address interim needs, such as temporary support or custody, or to respond to disputes over the handling of the divorce process itself, like disagreements over the division of assets or child custody. Each motion requires preparation, a hearing, and a judge’s ruling, which cumulatively add to the timeline.

## Appeals or Revisions

In some cases, one party may not agree with the court’s decisions. This disagreement can lead to appeals or requests for modification of the divorce decree, which can significantly prolong the process, sometimes extending it several years beyond the initial filing.

As stressful as it might be, understanding that these factors can affect the duration of your contested divorce helps you prepare mentally and financially for the journey ahead.

## Chicago Divorce Attorney FAQs

### What is the difference between a contested and an uncontested divorce?

A contested divorce occurs when spouses cannot agree on key issues like asset division, custody, or support, requiring court intervention. An uncontested divorce happens when both parties agree on all significant matters and simply need legal formalization of their agreement.

### How long does a typical contested divorce take in Illinois?

The duration varies significantly based on the complexity of the case and the court’s schedule, but it can take anywhere from several months to a few years.

### Can I settle my divorce outside of court even after filing for a contested divorce?

Absolutely. Parties are encouraged to settle their disputes through mediation or negotiation at any point during the process to avoid prolonged court proceedings.

### What can I do to speed up my contested divorce?

Working collaboratively with your spouse and being open to compromise is crucial. Also, having an organized and responsive legal team can help keep the process moving efficiently.

For further inquiries or to get tailored advice for your specific situation, don’t hesitate to contact Gordon & Perlut, LLC. Let us help you navigate your divorce with dignity and confidence.

## Call Our Chicago Divorce Attorney For Exceptional Legal Help

Navigating a contested divorce in Illinois is a challenging journey that requires patience and legal guidance. If you are facing such a situation, don’t go through it alone. At Gordon & Perlut, LLC, our team of experienced attorneys understand the intricacies of divorce law and are committed to providing compassionate and comprehensive legal support.

To discuss your case and explore your options, contact our [Chicago divorce attorney](https://familylawadvocate.com/divorce/) at our Chicago office at 312-360-0250 for a [free consultation](https://familylawadvocate.com/contact-us/). We are here to help guide you through every step of the process.

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**Categories:** Divorce Attorney

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### [How Mediation Can Save You Money In An Illinois Divorce](https://familylawadvocate.com/how-mediation-can-save-you-money-in-an-illinois-divorce/)

**Published:** August 5, 2024
**Author:** familylawadvocate

**Content:**

As a Skokie mediator who is also an attorney, I’ve witnessed firsthand the financial and emotional strain that divorce proceedings can inflict on families. If you’re navigating the waters of divorce in Illinois, one effective way to manage costs and reduce stress is through mediation. Let me share with you how embracing this method can lead to substantial savings and a more amicable resolution to your divorce.

Mediation is a process where both parties involved in the divorce work with a neutral third party—the [mediator](https://www.isba.org/public/guide/adr). The mediator’s role is crucial, as they facilitate negotiations and guide both parties towards mutually acceptable solutions. This collaborative approach is a stark contrast to traditional divorce litigation, which often involves court battles.

## Cost-Effectiveness Of Mediation

One of the most compelling reasons to consider mediation during your divorce is its cost-effectiveness. Here’s how mediation can save you money:

**Reduced Legal Fees** – Traditional divorce litigation can be expensive due to prolonged court time and extensive attorney hours. Mediation minimizes these costs because the process is typically quicker and involves less formal legal maneuvering. As a mediator, I help facilitate discussions and guide both parties toward a resolution without the need for costly court proceedings.

**Fewer Ancillary Costs** – Court proceedings often entail additional costs, such as court fees, document fees, and other miscellaneous expenses. Mediation generally requires fewer administrative costs and less paperwork, keeping the overall expenses lower.

In mediation, you and your spouse have significant control over the pace and direction of your divorce proceedings. This control can lead to a quicker resolution, as it allows you to focus on resolving disputes efficiently, thereby reducing the time and expenses involved in the process.

## Emotional And Relational Benefits

Mediation offers more than just monetary advantages. It fosters a cooperative environment that can help both parties communicate better, reduce tension, and reach agreements more swiftly. This can indirectly save you money, as stress, conflict, and contention typically prolong divorce proceedings, increasing costs.

## Efficiency And Flexibility

Mediation sessions are scheduled at the convenience of all parties involved, respecting your time and making the process more efficient and less time-consuming compared to court dates, which are controlled by the court’s calendar. This flexibility can result in a quicker resolution, allowing you and your spouse to move forward and focus on your future, reducing the prolonged financial burden of ongoing disputes.

## Preparing For Mediation

To maximize the benefits of mediation, come prepared to discuss the main issues in your divorce, such as property division, child custody, and support arrangements. Being open to compromise and having a clear understanding of your priorities can significantly enhance the effectiveness of mediation sessions.

## Skokie Mediation FAQs

### What is the first step in starting mediation in Skokie and the Chicago Northshore area?

The first step is to contact our mediation office so we can assess your situation and arrange a meeting between you and your spouse with a mediator present.

### How long does mediation typically take compared to traditional divorce?

Mediation can be completed in a fraction of the time it takes to go through traditional divorce proceedings, depending on the complexity of the issues and the cooperation of both parties.

### Is mediation legally binding?

Yes, the agreements reached in mediation are legally binding through a settlement agreement, which is then submitted to the court for approval. This ensures that the decisions made during mediation are enforceable, providing you with a sense of security and confidence in the process.

### Can mediation work if the relationship is highly contentious?

Yes, mediation can be effective even in contentious relationships because the mediator helps facilitate communication and negotiation, guiding both parties toward mutually beneficial solutions. However, some cases are not appropriate for mediation.

### What should I bring to a mediation session?

You should bring any relevant financial documents, a list of assets and debts, and any specific proposals for settlement discussions. Being well-prepared can help make the mediation process more efficient and productive. For more information or to schedule a mediation session, contact Gordon & Perlut. Our team is ready to assist you in navigating your family’s divorce with dignity and respect.

## Call Our Skokie Mediation Office To Discuss Your Case

If you are considering divorce and are concerned about the costs and emotional toll, mediation might be the right path for you. At Gordon & Perlut, LLC, we provide mediation services that focus on achieving fair and cost-effective resolutions for both parties. To discuss how mediation can benefit your specific situation and potentially save you money in an Illinois divorce, please call our [Skokie mediation office](https://familylawadvocate.com/family-law/mediation/) at 847-329-0101 to [receive a free consultation](https://familylawadvocate.com/contact-us/). Let’s work together to find a peaceful and practical solution to your divorce.

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### [Impact Of Child Custody On Relocation After Illinois Divorce](https://familylawadvocate.com/impact-of-child-custody-on-relocation-after-illinois-divorce/)

**Published:** July 15, 2024
**Author:** familylawadvocate

**Content:**

In Illinois, the issue of child custody becomes significantly complex when it involves relocation after a divorce. For divorced parents, moving to a new location isn’t simply a personal decision—it must be navigated carefully through the lens of legal requirements and the impact on child custody arrangements. Understanding these implications is crucial for parents contemplating a move.

## Understanding Illinois Law On Relocation

Understanding Illinois law is crucial, as it [defines relocation](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm) as moving with a child more than 25 miles from the child’s current primary residence within the state or moving more than 50 miles away if the current residence is out of state but within 25 miles of the Illinois border. Any such move with a child that involves a change in residence as stipulated by these distances requires prior approval from the court if the other parent does not consent to the relocation. This knowledge empowers you to navigate the legal landscape with confidence.

This law ensures that the relocation doesn’t negatively impact the child’s relationship with the other parent or disrupt the child’s stable environment. The law’s primary concern is the well-being and best interests of the child, a standard that is central to all child custody considerations.

## Factors Considered In Relocation Cases

When a parent files a petition to relocate with their child, the court examines several factors to determine whether the move would serve the child’s best interests. These factors include:

1. **Reasons for the relocation –** The court will consider the reasons behind the parent’s decision to relocate, such as better employment opportunities, proximity to extended family, or improved living conditions.
2. **Reasons the other parent opposes the relocation –** The objections of the non-relocating parent are also significant, particularly if they involve concerns about compromised parenting time or the potential weakening of the child-parent relationship.
3. **The history and quality of each parent’s relationship with the child –** The existing emotional bonds and the role each parent plays in the child’s life are crucial considerations.
4. **Educational opportunities for the child at both locations –** The impact of the move on the child’s academic life, including the quality of schools and access to special educational needs, if applicable, will be assessed.
5. **Presence or absence of extended family at both locations –** The support system available to the child in both the current and proposed new locations can influence the court’s decision.
6. **The child’s preference, depending on their age and maturity –** Older children may be given the opportunity to express their wishes regarding the relocation.

## Impact On The Child And The Custodial Parent

The potential impact of relocation on the child can be profound. Adjusting to a new environment, school, and social circle can be challenging, although in some cases, the move might offer a more supportive and enriching environment. For the custodial parent, relocation might represent a significant opportunity for personal and professional growth, often translating into better emotional and financial stability for the child.

However, relocation can also strain the child’s relationship with the non-custodial parent. Increased distance can complicate visitation schedules and reduce the frequency of in-person interaction, which is a significant consideration for the court.

## Call Our Child Custody Lawyer For Legal Guidance And Support

Given the complexities involved, navigating child custody and relocation requires skilled legal guidance. Gordon & Perlut, LLC, a dedicated team of Chicago child custody lawyers, understands the intricacies of Illinois family law. We are committed to helping you evaluate your situation from every angle to ensure decisions are made in the best interest of your child and within the framework of the law.

Are you facing child custody issues in Illinois and considering relocation after divorce? It’s essential to approach this sensitive issue with thorough legal preparation and strategic planning. Contact our [Chicago child custody lawyer](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC by calling 847-329-0101 or 312-360-0250 to [arrange a consultation](https://familylawadvocate.com/contact-us/). Our experienced attorneys will provide you with the guidance needed to navigate your case effectively, helping you make informed decisions that protect your rights and the well-being of your child.

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**Categories:** Child Custody Lawyer

---

### [Ways To Lessen The Economic Impact Of Divorce](https://familylawadvocate.com/ways-to-lessen-the-economic-impact-of-divorce/)

**Published:** July 8, 2024
**Author:** familylawadvocate

**Content:**

Divorce is not only a challenging emotional journey but also often comes with significant economic impacts. Financial concerns are at the forefront of many people’s minds when they face the prospect of a divorce. Understanding and implementing strategies to lessen these economic impacts can be crucial for both parties involved. Here are some practical ways to mitigate the [financial strain of divorce](https://www.forbes.com/sites/forbesfinancecouncil/2022/10/20/the-financial-impact-of-divorce/) and why they are important for maintaining financial stability post-divorce.

## 1. Early Financial Planning

The first step in your financial journey post-divorce is early financial planning. This isn’t just about numbers, it’s about creating a roadmap for your financial future. It involves understanding your assets, debts, income, and expenses. This knowledge will empower you to make informed decisions throughout the divorce proceedings, preventing surprises and ensuring realistic expectations about your financial future.

**Why It’s Important:** It allows for equitable distribution of assets and helps each party plan for their financial future independently, reducing post-divorce financial shocks.

## 2. Mediation Over Litigation

Choosing mediation over litigation can significantly reduce the costs associated with divorce. Mediation involves a neutral third party who helps both spouses come to an agreement on various aspects of their separation, from asset division to child custody. This method is typically less adversarial and faster than going through the courts, providing a sense of relief and reducing the stress of the divorce process.

**Why It’s Important:** It not only minimizes legal fees but also often results in better outcomes for both parties, preserving relationships and reducing ongoing conflicts.

## 3. Understanding and Managing Living Expenses

In many cases, adjusting to one income means re-evaluating living expenses. Creating a new budget that reflects your post-divorce financial reality is essential. This might mean downsizing your home or cutting unnecessary expenses. By proactively managing living expenses, you can prevent debt accumulation and ensure a more stable economic transition to a single life, providing a sense of security and confidence about your financial stability.

**Why It’s Important:** Proactively managing living expenses helps prevent debt accumulation and ensures a more stable economic transition to a single life.

## 4. Protecting Credit

During and after a divorce, it’s crucial to protect your credit score by ensuring that all jointly held accounts are properly handled. This might involve closing joint credit accounts or refinancing loans to remove one spouse’s name.

**Why It’s Important:** Good credit is essential for financial independence after divorce. It affects one’s ability to secure housing, obtain loans, and sometimes even impact employment opportunities.

## 5. Seeking Professional Financial Advice

Consulting with a financial advisor who has experience with divorce can provide valuable insights and help you make sound financial decisions. They can assist in tax implications, retirement fund splits, and investment management tailored to your new financial situation.

**Why It’s Important:** Professional advice can help maximize your financial outcomes by using strategies tailored to your specific situation, which might not be apparent without experienced legal knowledge.

## 6. Exploring All Sources of Income

Post-divorce, it might be necessary to explore additional sources of income, such as returning to the workforce, obtaining additional training or education, or starting a side business.

**Why It’s Important:** Diversifying income sources can provide financial security and independence, reducing the economic shocks associated with transitioning to a single-income household.

Implementing these strategies can help mitigate the financial impacts of divorce, but navigating the complexities of divorce proceedings can still be daunting. That’s where the experience of a seasoned divorce attorney comes in.

## Contact Our Skokie Divorce Lawyer For Dedicated Representation

If you are facing divorce in Illinois and are concerned about its financial implications, it is crucial to seek legal counsel to protect your interests and secure your financial future. Gordon & Perlut, LLC helps individuals navigate the complexities of divorce with as minimal an economic impact as possible. Our experienced divorce lawyers can guide you through each step, ensuring that your rights and assets are protected.

To discuss your Illinois divorce case and explore the best strategies for your situation, contact our [Skokie divorce lawyer](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/) at Gordon & Perlut, LLC at either 847-329-0101 or 312-360-0250 to [arrange a consultation](https://familylawadvocate.com/contact-us/). Take the first step towards securing your financial stability during and after your divorce.

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### [How To Find Top-Rated Child Custody Lawyers Near You](https://familylawadvocate.com/how-to-find-top-rated-child-custody-lawyers-near-you/)

**Published:** June 18, 2024
**Author:** familylawadvocate

**Content:**

Selecting a top-rated child custody lawyer is essential when dealing with the complexities of Illinois family law, especially when the well-being of children is at stake. The right child custody attorney can make a significant difference in achieving a favorable outcome in custody disputes. Let’s now discuss the actionable steps and considerations for locating a reputable child custody lawyer in Illinois, focusing on their experience, reputation, and ability to handle your specific case effectively.

Child custody cases are not just legal matters, they are deeply sensitive and demand a lawyer who not only understands the legal landscape but also prioritizes the best interests of your children. Illinois, like many states, has detailed statutes and regulations governing child custody arrangements, including the Uniform Child-Custody Jurisdiction and Enforcement Act, which sets standards for jurisdiction and enforcement of custody orders.

When searching for “[child custody lawyers near me](https://familylawadvocate.com/child-custody-attorney-melrose-park-il/),” finding an attorney who is well-versed in Illinois divorce laws and experienced in handling similar cases is paramount. This process involves assessing lawyer credentials, understanding their approach to custody cases, and evaluating their communication and negotiation skills.

## Where To Begin Your Search

The journey to finding a skilled child custody lawyer begins with knowing where to look. Start with the Illinois State Bar Association’s website, which provides a directory of licensed lawyers and their specialties. This resource can help you find attorneys who are specifically skilled in family law, giving you a good starting point. Additionally, websites like Martindale-Hubbell, Avvo, and even LinkedIn offer profiles that include education, certification, client reviews, and peer endorsements, which are invaluable in assessing a lawyer’s reputation.

Local law firms often specialize in family law and can provide attorneys with a range of experiences and approaches. Visit their websites to review their credentials, read client testimonials, and understand their specific experience with child custody cases. Many firms offer free initial consultations, which can be an excellent opportunity to get a sense of the lawyer’s approach and see if it aligns with your needs and values.

## Evaluating Credentials And Experience

Once you have identified potential lawyers, scrutinize their qualifications and track record. Key factors to consider include:

- **Years of Practice** – More years typically means more experience, particularly in handling complex custody cases.
- **Concentrations** – Look for lawyers who concentrate in family law or even specifically in child custody.
- **Case Outcomes** – While past performance isn’t always indicative of future results, successful outcomes in previous cases can indicate experience.
- **Client Reviews** – Client reviews are a powerful tool in your arsenal when evaluating potential lawyers. These testimonials can offer a window into the lawyer’s reliability, communication style, and track record of success in court. While they should not be the sole basis of your decision, they can provide valuable insights that can help you make an informed choice.
- **Professional Associations** – Membership in family law or child custody associations often indicates a commitment to staying current on legal practices and ethics.

## Initial Questions To Ask An Attorney

When meeting with a potential attorney, come prepared with questions to maximize your time. Inquire about their experience with similar cases and their strategy for your case. Questions could include:

- How do you approach child custody negotiations and litigation?
- Can you share examples of past child custody cases similar to mine?
- How do you communicate with clients throughout the process?
- What is your fee structure?

This conversation will also allow you to assess how comfortable you feel with the attorney. Trust and communication are crucial, as you will need to work closely with them throughout your case.

Choosing the right child custody lawyer involves weighing their professional credentials against your comfort with them. Trust your instincts about how they communicate and empathize with your situation. Once you have all the information, compare your options based on who you believe can best represent your interests and achieve the best outcome for your children.

## Contact Our Child Custody Lawyers For Dedicated Legal Assistance

Contact Gordon & Perlut, LLC to protect your interests. Whether you are facing a child custody case or helping a loved one, understanding the necessary actions to take is essential to protecting your interests. Our experienced legal team is well-prepared to guide you effectively through your child custody proceedings. Contact our [Skokie child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to schedule your consultation.

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**Categories:** Child Custody Attorney

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### [Recent Changes To Illinois Divorce Law](https://familylawadvocate.com/recent-changes-to-illinois-divorce-law/)

**Published:** June 10, 2024
**Author:** familylawadvocate

**Content:**

Divorce law in Illinois has recently undergone significant updates, which can seem daunting. However, understanding these changes can empower you to navigate the process more effectively. One of the key changes, [effective from January 1, 2022](https://www.isba.org/barnews/2021/12/newillinoislawsin2022), is the provision allowing a party in a divorce proceeding to relocate if it is in the child’s best interest. This change underscores the state’s commitment to prioritizing the welfare of children in divorce decisions.

Another important update is the ability for a party to request a retainer payment from the opposing party, ensuring equal opportunities for both parties to secure competent legal representation, a crucial aspect of managing the complexities of divorce.

Another significant update is the enhanced role of Court Appointed Special Advocates (CASA). In cases alleging abuse or neglect of minors, CASAs are now mandated in Illinois counties with populations under three million. Their role is to advocate for the best interests of the children involved, providing an independent voice that focuses solely on their well-being.

These changes are part of Illinois’ ongoing efforts to adapt family law to better protect all parties during divorce proceedings, especially children, who are often the most vulnerable. This should reassure you that the state is taking proactive steps to ensure the safety and well-being of your children during this challenging time.

## Understanding Illinois’ Divorce Basics

Understanding the basics of divorce in Illinois is crucial before educating yourself about the most recent legal updates. In Illinois, divorce is governed by the Illinois Marriage and Dissolution of Marriage Act, which outlines the legal framework for dissolving a marriage. The state operates under a no-fault divorce principle, meaning that a couple can divorce without assigning fault to either party.

The primary grounds for divorce are irreconcilable differences, suggesting a breakdown in the marriage beyond repair. Unlike in some jurisdictions, Illinois law does not require spouses to live apart for a prolonged period before filing for divorce; a declaration by one or both parties that reconciliation has failed is sufficient.

Moreover, recent legal updates have made the process more equitable, particularly regarding legal fees and child advocacy. These changes ensure that financial disparities do not impede one’s ability to pursue a fair divorce proceeding and that children’s interests are thoroughly represented in cases of alleged harm.

## The Steps And Legal Considerations When Filing for Divorce In Illinois

Initiating a divorce in Illinois starts with filing a Petition for Dissolution of Marriage in the county where you or your spouse resides. If you are facing divorce, whether you are initiating it or have been served papers, understanding the legal steps and securing proper legal representation is crucial. The state’s residency requirement mandates that at least one spouse has lived in Illinois for a minimum of 90 days before filing. Still, the actual separation can be under the same roof, provided the couple lives separate lives.

It’s also crucial for individuals to understand that while Illinois facilitates a relatively straightforward process for uncontested divorces, contested cases, where the parties disagree on key issues like property division, child custody, or support, can become complex. Here, the court’s focus will be on equitable distribution of assets, taking into account factors such as the duration of the marriage, each spouse’s economic circumstances, and contributions to the marital estate.

## Legal Representation And Advocacy

Retaining knowledgeable legal representation is not just important, it’s essential in navigating the intricacies of [Illinois divorce law](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086). A qualified attorney can help articulate your interests in court, especially in complex cases involving significant assets, child custody, or if there are allegations of abuse. Lawyers also play a crucial role in mediating disputes and finding resolutions that protect the interests of their clients and any children involved. This underscores the importance of having a legal professional by your side, advocating for your rights and ensuring a fair and just outcome.

Given these updates and the complexities inherent in divorce proceedings, individuals are advised to consult with attorneys who are up-to-date with current Illinois family law. This ensures that all parties receive fair treatment under the law and that the outcomes of divorce proceedings are as favorable as possible for all involved, particularly for children who need advocacy the most.

For those considering [divorce in Illinois](https://www.isba.org/public/guide/gettingadivorce) or for those already in the process, staying informed about these legal changes is crucial. It is recommended that you regularly consult with a legal professional who can provide guidance tailored to your specific circumstances, ensuring that your rights and the best interests of your family are upheld throughout the process.

## Contact Our Skokie Divorce Attorney To Protect Your Rights

Contact Gordon & Perlut, LLC to protect your interests. Whether you’re personally navigating a divorce or seeking guidance for a loved one, understanding the necessary steps is crucial to protect your legal rights. Our divorce lawyer in Skokie has the experience you need to guide you through your divorce case effectively. Contact our [divorce lawyer in Skokie](https://familylawadvocate.com/divorce/) by calling [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your consultation.

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### [Navigating Property Division In An Illinois Divorce Settlement](https://familylawadvocate.com/navigating-property-division-in-an-illinois-divorce-settlement/)

**Published:** May 20, 2024
**Author:** familylawadvocate

**Content:**

Divorce is a significant life event that often involves the division of marital property. In the state of Illinois, specific laws govern how assets and liabilities are distributed during divorce proceedings. Understanding these laws is crucial for individuals going through a divorce to ensure a fair and equitable property division. Let’s now discuss the complexities of property division in an Illinois divorce settlement, exploring relevant laws and considerations.

## The Illinois Marriage And Dissolution Of Marriage Act

The [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (750 ILCS 5/) provides the legal framework for property division in divorce cases. Under this law, Illinois follows the principle of “equitable distribution,” meaning marital property is divided fairly but not necessarily equally between spouses. Marital property typically includes assets acquired during the marriage, including real estate, vehicles, bank accounts, retirement accounts, and personal belongings.

## Determining Marital Property

Identifying marital property is the first step in the property division process. According to Illinois law, marital property generally includes assets acquired by either spouse during the marriage, no matter whose name is on the title or deed. However, certain exceptions exist, such as gifts or inheritances received by one spouse and kept separate from marital assets. It’s essential to thoroughly review all assets and liabilities to ensure accurate identification of marital property.

## Valuing Marital Assets

Once marital property is identified, the next step is to determine its value. Valuing assets such as real estate, businesses, and investment portfolios can be complex and may require the assistance of professionals, such as appraisers or financial professionals. In some cases, spouses may agree on the value of assets, while in others, a court-appointed evaluator may be necessary to resolve disputes.

## Factors Considered in Property Division

Illinois law outlines various factors that courts consider when dividing marital property. These factors include each spouse’s contributions to the acquisition and maintenance of marital property, the length of the marriage, each spouse’s economic circumstances, and any prenuptial or postnuptial agreements. Courts have discretion to weigh these factors and make decisions based on what they deem fair and equitable in each case.

## Settling Marital Debts

In addition to assets, marital debts must also be divided during divorce proceedings. Marital debts typically include liabilities incurred during the marriage, such as mortgages, credit card debt, and loans. Like assets, marital debts are subject to equitable distribution, meaning that they should be divided fairly between spouses. However, determining the allocation of debts can be contentious, especially if one spouse incurs more debt than the other.

## Protecting Your Legal Rights

Navigating property division in an Illinois divorce settlement can be complex and emotionally challenging. As expected, it’s crucial to protect your valuable legal rights and financial interests throughout the divorce process. Our attorneys understand Illinois divorce law and we have the experience necessary to handle property division cases. Our aim is to help ensure that you receive a fair outcome. Our attorneys can advocate on your behalf, negotiate with your spouse’s legal representation, and help you make informed decisions about your future.

## Call Our Cook County Property Division Attorneys For A Free Consultation

Property division is a critical aspect of any divorce settlement in Illinois. Understanding the legal framework, identifying marital property, valuing assets, considering relevant factors, and addressing marital debts are all essential steps in the property division process. By collaborating with our attorneys and remaining informed about your rights, you can confidently navigate property division in your divorce settlement and help ensure a favorable outcome. Contact our [Cook County property division attorneys](https://familylawadvocate.com/divorce/property-division/) at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to arrange your [free phone consultation](https://familylawadvocate.com/contact-us/).

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### [Moving On: Rebuilding Your Life After Divorce In Illinois ](https://familylawadvocate.com/moving-on-rebuilding-your-life-after-divorce-in-illinois/)

**Published:** May 13, 2024
**Author:** familylawadvocate

**Content:**

Divorce marks the end of one chapter and the beginning of another. In Illinois, where the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)) governs the dissolution of marriages, moving on after divorce involves more than just emotional healing—it requires understanding legal considerations and rebuilding your life. Here we will discuss the process of rebuilding your life after divorce in Illinois, backed by relevant legal insights and guidance.

## Understanding Illinois Divorce Laws

Before we discuss life after divorce, it’s very important to understand the legal landscape in Illinois. The Illinois Marriage and Dissolution of Marriage Act sets forth the legal guidelines concerning divorce proceedings in the state. These laws address the various aspects of divorce, including property division, spousal support, child custody, and visitation. Familiarizing yourself with these laws can help you navigate the divorce process more effectively and plan for the future.

## Rebuilding Financial Stability

One of the most significant challenges individuals face after divorce is rebuilding their financial stability. Illinois divorce law follows the principle of “[equitable distribution](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm),” meaning that marital assets are divided fairly between spouses. Understanding your financial situation post-divorce and creating a budget will help you regain control of your finances. Additionally, seeking employment or exploring opportunities for career advancement can contribute to your long-term financial stability.

## Embracing Emotional Healing

Emotional healing is an essential aspect of moving on after divorce. It’s natural to experience a range of emotions, including sadness, anger, and uncertainty, during this time. Seeking support from friends, family, or a therapist can help you process your emotions and move forward. Moreover, practicing self-care activities such as exercise, meditation, and hobbies can promote emotional well-being and aid in the healing process.

## Co-Parenting Effectively

For divorcing couples with children, effective co-parenting is crucial for the well-being of the children and the success of the co-parenting relationship. Illinois courts prioritize the best interests of the child when making custody and visitation decisions ([750 ILCS 5/](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)). Communicating respectfully with your ex-spouse, cooperating on parenting decisions, and maintaining consistency in parenting routines can create a stable and nurturing environment for your children post-divorce.

## Exploring New Opportunities

Divorce presents an opportunity for reinvention and exploration. Whether it’s pursuing new interests, hobbies, or career paths, embracing change can lead to personal growth and fulfillment. Consider joining social groups, taking classes, or volunteering in your community to expand your social network and discover new opportunities for personal and professional development.

Moving on after divorce in Illinois is a multifaceted journey that involves legal considerations, financial planning, emotional healing, co-parenting, and personal growth. By understanding Illinois divorce laws, rebuilding financial stability, embracing emotional healing, co-parenting effectively, and exploring new opportunities, you can go through this process with resilience and optimism.

## Call Our Skokie Divorce Attorneys For A Free Consultation

Ready to start your life? Take the first step by contacting our experienced Skokie divorce lawyers at Gordon & Perlut, LLC. Whether you need legal guidance or experienced legal representation with your divorce, we’re here to help. Contact our Skokie divorce lawyers at Gordon & Perlut, LLC by calling [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your [free phone consultation](https://familylawadvocate.com/contact-us/). Let Gordon & Perlut, LLC assist you in moving forward with confidence.

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### [Common Mistakes To Avoid In An Illinois Divorce](https://familylawadvocate.com/common-mistakes-to-avoid-in-an-illinois-divorce/)

**Published:** May 6, 2024
**Author:** familylawadvocate

**Content:**

The dissolution of a marriage is complicated, and in the state of Illinois, where specific laws govern the process, it can be particularly complex. From property division to spousal support and child custody arrangements, there are numerous factors to consider. As experienced Illinois divorce attorneys, we understand the common mistakes individuals can make during an Illinois divorce. By understanding these pitfalls and seeking the proper guidance, you can ensure a smoother and more favorable outcome as you work through this challenging time in your life.

## Failure To Understand Equitable Distribution Laws

In Illinois, divorces follow the principle of “equitable distribution” when it comes to dividing up marital property. Equitable distribution means that assets acquired during the marriage are divided fairly, but not always equally, between spouses. The Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)) outlines factors considered in property division, including each spouse’s contribution to the marital estate, the length of the marriage, and the financial circumstances of each party. Failure to understand these laws can lead to an unfair distribution of assets, leaving one party at a disadvantage.

## Overlooking Financial Planning

Financial planning is crucial before, during, and after divorce proceedings. Yet, many individuals overlook this aspect, which can have long-term consequences. Gathering and organizing financial documents, such as tax returns, bank statements, and investment portfolios, is essential for equitable property division. Additionally, creating a post-divorce budget can help individuals manage their finances effectively and plan for the future.

## Neglecting Spousal Maintenance Considerations

Spousal maintenance, also referred to as alimony, is another crucial aspect of divorce proceedings in Illinois. The court may award maintenance based on factors such as the income and earning capacity of each spouse, the standard of living established during the marriage, and the duration of the marriage. Having a comprehensive understanding of Illinois law ([750 ILCS 5/504](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm)) and engaging in effective negotiation can substantially influence both the amount and duration of spousal support granted. Neglecting to address spousal maintenance considerations may lead to significant financial challenges for one party after the divorce is finalized.

## Ignoring Child Custody And Support Matters

Child custody and support arrangements are paramount for divorcing couples with children. In Illinois, courts prioritize the best interests of the child when determining custody and visitation schedules ([750 ILCS 5/602](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7)). Additionally, child support calculations are based on factors such as each parent’s income, the child’s needs, and the parenting time arrangement ([750 ILCS 5/505](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm)). Ignoring these matters or approaching them with hostility can lead to prolonged legal battles and emotional distress for all involved parties.

## Underestimating The Importance Of Legal Representation

One of the most common mistakes in an Illinois divorce is underestimating the importance of legal representation. While it may be tempting to navigate the process alone, a skilled divorce attorney can provide invaluable guidance and advocacy. From negotiating settlements to representing clients in court, an experienced attorney can ensure that your legal rights are protected and that you achieve a fair outcome.

Divorcing in Illinois involves navigating a complex legal landscape, but avoiding common mistakes can help streamline the process and ensure a more favorable outcome. By understanding equitable distribution laws, addressing spousal maintenance considerations, prioritizing child custody and support matters, engaging in financial planning, and seeking competent legal representation, individuals can navigate their divorce with greater ease and confidence.

## Call Our Chicago Divorce Attorneys For Dedicated Representation

Don’t let common mistakes derail your proceedings. Schedule your free phone consultation with our experienced Chicago divorce lawyer at Gordon & Perlut, LLC. Contact our Chicago divorce attorneys today at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to arrange your [free phone consultation](https://familylawadvocate.com/contact-us/) and take the first step towards a smoother divorce process.

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### [Alimony In Illinois: How Spousal Support Works in Divorce Cases](https://familylawadvocate.com/alimony-in-illinois-how-spousal-support-works-in-divorce-cases/)

**Published:** April 29, 2024
**Author:** familylawadvocate

**Content:**

Divorce proceedings are very emotionally and financially difficult, especially when determining spousal support or maintenance. In Illinois, alimony, referred to as “[spousal maintenance](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm),” is governed by specific laws and guidelines aimed at ensuring fairness and equity for both parties involved. Understanding how spousal maintenance is calculated in Illinois is crucial for individuals navigating divorce proceedings in the state.

## Legal Framework In Illinois

In Illinois, spousal maintenance is governed by the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086) (IMDMA). According to IMDMA, spousal maintenance may be awarded to either spouse based on various factors, including the income and needs of each party, the duration of the marriage, the standard of living established during the marriage, and the earning capacity of each spouse, among others.

## Types Of Spousal Maintenance In Illinois

In Illinois, different types of spousal maintenance arrangements may be awarded depending on the circumstances of the case. Permanent maintenance may be awarded in long-term marriages where one spouse is unable to become self-supporting due to age, disability, or other factors. Temporary maintenance, on the other hand, might be awarded during the divorce proceedings to provide support until a final determination is made.

## Calculating Spousal Maintenance

Unlike child support, which often follows specific guidelines, calculating spousal maintenance in Illinois can be more discretionary. Courts consider various factors when determining the amount and duration of spousal maintenance, including the length of the marriage, the income and earning potential of each spouse, the contributions of each spouse to the marriage, and any other relevant factors deemed appropriate by the court.

## Factors Considered By Illinois Courts

Illinois courts consider a range of factors when determining spousal maintenance awards. These financial factors include the income and property of each spouse, the needs of each spouse, the present and future earning capacity of each spouse, any impairment of earning capacity due to domestic responsibilities, the time necessary for the recipient to acquire education or training to become self-sufficient, the standard of living established during the marriage, the duration of the marriage, the age, health, and employability of each party, and any other relevant factors.

## Modification And Termination Of Spousal Maintenance

Spousal maintenance orders in Illinois may be subject to modification or termination under certain circumstances. If there is a substantial change in circumstances, such as a significant change in either party’s income or financial situation, the court may modify the maintenance order accordingly. Spousal maintenance may also terminate upon the death of either party or the remarriage of the recipient spouse unless otherwise specified in the divorce decree.

## Enforcement Of Spousal Maintenance Orders

Ensuring compliance with spousal maintenance orders is essential for the financial stability of the recipient spouse. Illinois courts have various mechanisms in place to enforce spousal maintenance orders, including wage garnishment, income withholding orders, contempt proceedings, and other legal remedies available under state law.

## Call Our DuPage Alimony Lawyers For A Consultation

In Illinois, how long you’ve been married greatly impacts things like spousal maintenance, property division, and many other parts of the process. The DuPage alimony lawyers at Gordon & Perlut, LLC can help you through the complexities of alimony. With strong legal representation, you can face the challenges of ending your marriage with confidence and move forward. Contact our Chicago divorce lawyer at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to arrange your [free phone consultation](https://familylawadvocate.com/contact-us/).

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### [How Is The Amount Of Alimony Determined In Illinois?](https://familylawadvocate.com/how-is-the-amount-of-alimony-determined-in-illinois/)

**Published:** April 23, 2024
**Author:** familylawadvocate

**Content:**

Alimony, now known as maintenance, is a crucial aspect of divorce proceedings in Illinois. It is intended to provide financial support to a spouse who may be economically disadvantaged following the dissolution of the marriage. The amount of alimony awarded in Illinois is determined based on several factors outlined in state law, providing a framework for the courts to consider when making decisions regarding spousal support.

Understanding how the amount of alimony is determined is essential for individuals involved in divorce proceedings. In such situations, seeking guidance from an experienced alimony lawyer in Skokie can provide valuable assistance in navigating the legal complexities of spousal maintenance in Illinois.

In Illinois, the determination of alimony (maintenance) is governed by the [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504)](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). This statute outlines the factors that the court must consider when awarding spousal maintenance, including:

**1. Income and Financial Resources** – The court will assess the income and financial resources of each spouse, including their earning capacity, assets, and liabilities. This evaluation helps determine the financial need of the spouse seeking alimony and the ability of the other spouse to pay.

**2. Standard of Living During the Marriage** – The standard of living established during the marriage is another crucial factor in determining the amount of alimony. The court may seek to maintain a similar standard of living for both spouses post-divorce, taking into account factors such as the marital lifestyle and expenses.

**3. Duration of the Marriage** – The length of the marriage is a significant consideration in alimony determinations. Longer marriages typically result in higher alimony awards, as the court may recognize the contributions of the lower-earning spouse to the marriage over an extended period.

**4. Age and Health of the Parties** – The age and health of each spouse are factors that may impact the amount of alimony awarded. Courts may consider the physical and mental health of the spouses when determining their respective needs for financial support.

**5. Employability and Education** – The court will assess the employability and educational background of each spouse when determining alimony. If one spouse requires additional education or training to become self-supporting, the court may consider this factor in awarding spousal maintenance.

**6. Contributions to the Marriage** – Contributions made by each spouse to the marriage, both financial and non-financial, are also taken into account. This includes contributions to the household, care of children, and support of the other spouse’s career or education.

Navigating the determination of alimony can be complex, requiring a thorough understanding of Illinois divorce laws and the ability to advocate effectively for one’s rights. An experienced alimony (maintenance lawyer in Skokie from Gordon & Perlut, LLC can provide invaluable assistance in presenting evidence to the court, negotiating alimony agreements, and ensuring that the client’s interests are protected throughout the process. By leveraging their legal experience and knowledge of Illinois laws, our alimony lawyers help individuals achieve a fair and equitable resolution regarding spousal maintenance.

## Contact Our Alimony Lawyer in Skokie For Exceptional Legal Assistance

Call Gordon & Perlut, LLC to protect your interests regarding alimony. Whether you’re facing divorce yourself or seeking a post-decree modification, understanding the necessary steps is essential to safeguard your legal rights. Our experienced legal team is well-equipped to assist you in navigating your alimony (spousal support) matter effectively. Contact our [alimony lawyer in Skokie](https://familylawadvocate.com/maintenance-aka-alimony/) at Gordon & Perlut, LLC by calling [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive an [initial consultation](https://familylawadvocate.com/contact-us/).

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### [How To Recognize The Signs Of Impending Divorce](https://familylawadvocate.com/how-to-recognize-the-signs-of-impending-divorce/)

**Published:** April 15, 2024
**Author:** familylawadvocate

**Content:**

Divorce is a significant life event that can have far-reaching consequences for individuals and families. Recognizing the signs of an impending divorce is crucial for those who may be experiencing marital difficulties. Understanding these indicators can help individuals take proactive steps to address issues in their relationship or prepare for the possibility of divorce. In such situations, seeking guidance from our knowledgeable Skokie divorce attorney can provide invaluable assistance in navigating the legal complexities of divorce proceedings in Illinois.

## Changes in Communication Patterns

One of the early warning signs of an impending divorce is a significant change in communication patterns between spouses. This can include increased arguments, frequent misunderstandings, or a lack of meaningful communication altogether. According to Illinois law ([750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm)), irreconcilable differences between spouses are one of the grounds for divorce. Therefore, persistent communication breakdowns may indicate deeper underlying issues in the marriage that could lead to divorce.

## Emotional Distance

Another common sign of an impending divorce is the emotional distance between spouses. Emotional distance can manifest as a lack of intimacy, disinterest in spending time together, or feelings of detachment. Emotional distance often stems from unresolved conflicts or a breakdown in trust and can signal that one or both spouses may be considering ending the marriage. Recognizing and addressing these emotional barriers early on is essential for couples seeking to salvage their relationship or prepare for divorce proceedings.

## Financial Strain

Financial strain is a significant stressor in many marriages and can contribute to relationship breakdown. Arguments over money, mounting debt, or financial dishonesty can strain marital bonds and lead to feelings of resentment and dissatisfaction. In Illinois, financial issues are among the factors the court considers when dividing marital property during divorce proceedings ([750 ILCS 5/503](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm)). Therefore, ongoing financial conflicts may indicate a heightened risk of divorce and should be addressed promptly to prevent further deterioration of the marriage.

## Lack of Shared Goals and Values

Couples in healthy marriages often share common goals, values, and aspirations for the future. However, a lack of alignment in these areas can be a significant red flag for an impending divorce. Divergent life paths, conflicting priorities, or fundamental differences in values can create insurmountable barriers to marital harmony. In Illinois, incompatibility of temperament is recognized as a ground for divorce ([750 ILCS 5/401](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000)). Therefore, couples who find themselves growing apart or pursuing divergent paths may need to reevaluate their relationship and consider the possibility of divorce.

## The Importance of Seeking Legal Guidance

Recognizing the signs of an impending divorce is the first step toward taking proactive measures to address marital issues or prepare for divorce proceedings. Consulting with a knowledgeable Skokie divorce attorney can provide individuals with valuable insights and guidance tailored to their unique circumstances. Whether couples are seeking to reconcile their differences or navigate the divorce process, having competent legal representation can help protect their rights and achieve a favorable outcome.

Recognizing the signs of impending divorce is essential for individuals experiencing marital difficulties. Changes in communication patterns, emotional distance, financial strain, and lack of shared goals and values are common indicators that a marriage may be in trouble. Seeking guidance from one of our skilled divorce attorneys can help individuals navigate the complexities of divorce proceedings in Illinois and make informed decisions about their future. By recognizing these signs early on and seeking appropriate legal assistance, individuals can take proactive steps to address marital issues and work towards a positive resolution, whether through reconciliation or divorce.

## Contact Our Skokie Divorce Attorney to Protect Your Rights and Interests

Contact Gordon & Perlut, LLC to safeguard your interests. Whether you’re personally navigating a divorce or seeking guidance for a loved one, understanding the necessary steps is crucial to protect your legal rights. Our seasoned legal team possesses the experience needed to guide you through your divorce case effectively. Contact our [Skokie divorce attorney](https://familylawadvocate.com/divorce/) at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your no-fault divorce consultation.

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### [What Licenses Can Be Suspended For Back Child Support?](https://familylawadvocate.com/what-licenses-can-be-suspended-for-back-child-support/)

**Published:** April 8, 2024
**Author:** familylawadvocate

**Content:**

In Illinois, failing to pay child support can have serious consequences, including the suspension of various licenses. This enforcement mechanism is aimed at ensuring that parents fulfill their financial obligations towards their children. Understanding which licenses can be suspended for back child support is essential for individuals navigating these legal matters. In such situations, seeking guidance from a knowledgeable Chicago child support lawyer can provide valuable assistance in protecting one’s rights and resolving issues effectively.

Failure to pay child support in Illinois can result in the suspension of various licenses, such as driver’s licenses and professional licenses. This suspension can have significant ramifications for individuals, impacting their ability to drive legally or practice their profession, which, in turn, affects their capacity to earn income and provide for themselves and their families. Moreover, individuals may face additional fees and penalties for reinstating their licenses once they become current on their child support payments.

Understanding these consequences is crucial for individuals navigating these legal matters. Seeking guidance from a knowledgeable Chicago child support lawyer can provide invaluable assistance in protecting one’s rights and resolving issues effectively. By understanding the relevant laws and exploring legal options, individuals can work towards fulfilling their child support obligations and avoiding the repercussions of license suspension.

## Driver’s License Suspension

One of the most common licenses that can be suspended for back child support in Illinois is the driver’s license. According to Illinois law, the Department of Healthcare and Family Services (HFS) has the authority to [suspend the driver’s licenses ](https://www.ilsos.gov/departments/drivers/deadbeats.html)of individuals who are delinquent in child support payments. This measure is intended to compel non-paying parents to fulfill their child support obligations. The suspension remains in effect until the individual becomes current on their child support payments or enters into a payment plan approved by HFS.

## Professional Licenses at Risk

In addition to driver’s licenses, certain professional licenses can also be suspended for back child support in Illinois. This includes licenses issued by state regulatory agencies for various professions, such as medical licenses, legal licenses, real estate licenses, and more. According to [Illinois’ Administrative Procedure Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=000501000HArt.+10&ActID=83&ChapterID=2&SeqStart=6400000&SeqEnd=8100000), HFS has the authority to petition the appropriate licensing authority to suspend the professional licenses of individuals who are delinquent in child support payments. This enforcement measure serves as a deterrent to non-paying parents and encourages compliance with child support orders.

If you fail to pay child support, the following may be suspended or revoked.:

- Chiropractor license
- Dentist license
- Clinical psychologist license
- Medical license
- Nurse license
- Pharmacist license
- Physical therapy license
- Social worker license

If you are confronting license suspension, it is crucial to take immediate action to address the situation before it escalates.

## Call Our Experienced Chicago Child Support Lawyer For Prompt Legal Help!

Our experienced Chicago child support attorney can provide invaluable assistance in understanding Illinois child support laws, advocating for your rights, and exploring options for resolving back child support issues. Whether you’re facing license suspension or seeking to enforce a child support order, having a knowledgeable Chicago child support lawyer by your side can help protect your interests and achieve a favorable outcome. Contact our [Chicago child support attorney](https://familylawadvocate.com/divorce/child-support/) at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to [schedule a consultation](https://familylawadvocate.com/contact-us/).

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### [5 Key Factors That Influence Property Division in Illinois Divorce Cases](https://familylawadvocate.com/5-key-factors-that-influence-property-division-in-illinois-divorce-cases/)

**Published:** March 18, 2024
**Author:** familylawadvocate

**Content:**

Property division is one of the most critical factors in marriage dissolution. When couples decide to part ways, the equitable distribution of assets and liabilities becomes a central focus, shaping the financial landscape for both parties post-divorce. In Illinois, [property division is governed by specific laws](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm) and guidelines to achieve a fair and just outcome for both spouses. Skokie property division lawyers at Gordon & Perlut, LLC, recognize the complexities involved in property division and offer invaluable assistance to clients navigating this critical aspect of divorce proceedings.

**1. Duration of the Marriage –** The [duration of the marriage often plays a significant role in property division determinations](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59). In Illinois, longer marriages typically result in more complex property division proceedings, as there is usually a greater degree of intermingling of assets and liabilities over time. Shorter marriages may involve fewer assets to divide, but equitable distribution remains a central tenet of the process regardless of marriage duration.

**2. Contribution to the Marriage –** The contributions of each spouse to the marriage, both financial and non-financial, are carefully considered in property division proceedings. Financial contributions such as income earned, and assets acquired during the marriage are evaluated. Still, non-financial contributions such as homemaking, childcare, and support for a spouse’s career advancement are also considered. Skokie property division lawyers advocate for clients to ensure their contributions are appropriately recognized and considered in the division of marital property.

**3. Assets and Liabilities –** The nature and value of assets and liabilities accumulated during the marriage significantly impact property division outcomes. Marital assets may include real estate, retirement accounts, investments, vehicles, business interests, and personal property. Debts and liabilities incurred during the marriage, such as mortgages, loans, and credit card debt, are also subject to equitable distribution. Skokie property division lawyers meticulously analyze the marital estate to identify all assets and liabilities, ensuring nothing is overlooked during the division process.

**4. Income and Earning Capacity –** Each spouse’s income and earning capacity plays a crucial role in property division determinations. Disparities in income or earning potential may influence the distribution of assets and liabilities to ensure both spouses can maintain a similar standard of living post-divorce. Skokie property division lawyers work to protect the financial interests of their clients, advocating for equitable distribution based on income and earning capacity considerations.

**5. Pre-nuptial and Post-nuptial Agreements –** Pre-nuptial and post-nuptial agreements can significantly impact property division outcomes in divorce cases. These [legal documents outline the terms of property division in the event of divorce](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) and may address issues such as asset ownership, division of marital property, and spousal support. Skokie property division lawyers carefully review prenuptial and postnuptial agreements to determine their validity and enforceability in divorce proceedings, ensuring their clients’ interests are protected.

Navigating the complexities of property division in Illinois divorce cases requires a comprehensive understanding of the factors that influence outcomes. Skokie property division lawyers at Gordon & Perlut, LLC, possess the knowledge and experience necessary to guide clients through the property division process with skill and diligence. By addressing the key factors that affect property division, they advocate for fair and equitable outcomes that protect their client’s financial interests and lay the foundation for a secure future post-divorce.

## Call Our Skokie Property Division Lawyers to Protect Your Financial Interests

Take the first step towards securing your financial future. Contact our Skokie property division lawyers at Gordon & Perlut, LLC, today. Our experienced team is here to guide you through the complexities of property division in Illinois divorce cases, ensuring your rights are protected every step of the way. Don’t handle this complex process alone. Contact our Skokie property division lawyers at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) for [legal consultation](https://familylawadvocate.com/contact-us/) and to gain clarity on your legal rights and options.

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### [Common Misconceptions About Spousal Maintenance in Illinois](https://familylawadvocate.com/common-misconceptions-about-spousal-maintenance-in-illinois/)

**Published:** March 11, 2024
**Author:** familylawadvocate

**Content:**

In divorce law, spousal maintenance, often referred to as alimony, is crucial in ensuring financial stability for one spouse post-divorce. However, navigating the intricacies of spousal maintenance in Illinois can be daunting, especially when misconceptions cloud the understanding of this critical aspect of divorce proceedings.

Here, we debunk some of the most prevalent misconceptions surrounding spousal maintenance, shedding light on the realities and complexities involved, with insights from the experienced Chicago alimony attorneys at Gordon & Perlut, LLC.

## Spousal Maintenance is Automatically Granted in Every Divorce

Fact: Contrary to popular belief, [spousal maintenance is not guaranteed in every divorce case](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). In Illinois, spousal maintenance is awarded based on factors such as the duration of the marriage, each spouse’s income and earning capacity, and their respective needs. The court carefully evaluates these factors to determine if spousal maintenance is appropriate and, if so, the amount and duration.

## Spousal Maintenance Always Lasts Indefinitely

Fact: While spousal maintenance can provide financial support to a spouse in need, it is not meant to be a lifelong obligation in most cases. Instead, spousal maintenance orders often have a specific duration, allowing the recipient spouse time to become financially independent. Factors such as the length of the marriage and the recipient’s efforts to become self-supporting influence the duration of spousal maintenance.

## Spousal Maintenance is Punitive in Nature

Fact: Spousal maintenance is not intended to punish one spouse for their role in the divorce. Instead, it [aims to address financial disparities that may arise](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) due to factors such as disparities in income or career opportunities. The goal is to provide financial support to the spouse who may have sacrificed their career or earning potential for the benefit of the marriage or family.

## Spousal Maintenance Orders Are Set in Stone

Fact: Spousal maintenance orders are not immutable and can be modified under certain circumstances. If either spouse’s financial situation significantly changes, such as a job loss or increase in income, the court may reconsider the spousal maintenance arrangement (unless the parties agreed to non-modifiable maintenance). Chicago alimony attorneys can assist clients in seeking modifications to spousal maintenance orders when warranted.

## Spousal Maintenance is Tax-Deductible

Fact: Prior to recent changes in tax laws, spousal maintenance payments were tax-deductible for the paying spouse and considered taxable income for the recipient. However, under current laws, [spousal maintenance payments are no longer deductible](https://www.irs.gov/taxtopics/tc452) for the payer or taxable for the recipient for divorces finalized after December 31, 2018. This change has significant implications for divorcing couples and underscores the importance of seeking guidance from knowledgeable Chicago alimony attorneys.

## Spousal Maintenance is Only Awarded to Wives

Fact: While historically, spousal maintenance was more commonly awarded to wives, modern divorce laws in Illinois are gender-neutral. Spousal maintenance may be granted to either spouse based on factors such as financial need, earning capacity, and contributions to the marriage. The court evaluates each case individually to determine the appropriate spousal maintenance arrangement.

## Cohabitation Automatically Terminates Spousal Maintenance

Fact: While cohabitation with a new partner may impact spousal maintenance in some cases, it does not automatically terminate the obligation. Illinois law allows for spousal maintenance to be modified or terminated if the recipient spouse enters into a supportive relationship akin to marriage, which significantly reduces their financial need. However, proving cohabitation’s impact on spousal maintenance requires careful legal analysis and may vary depending on the specific circumstances of each case.

## A Last Word About Spousal Maintenance

By addressing these misconceptions and providing accurate information about spousal maintenance, Chicago alimony attorneys at Gordon & Perlut, LLC help clients navigate the complexities of divorce with clarity and confidence. With their experience in Illinois divorce law, they guide clients through the process of understanding their rights and obligations regarding spousal maintenance, ensuring fair and equitable outcomes for divorcing spouses.

## Call Our Chicago Alimony Attorney For Legal Assistance

Navigating the legal complexities of spousal maintenance in Illinois requires a clear understanding of the law. Our Chicago alimony attorneys at Gordon & Perlut, LLC, are well-versed in Illinois divorce law and can provide guidance to clients seeking to understand their rights and obligations regarding spousal maintenance.

By addressing misconceptions and advocating for their clients’ best interests, the legal team at Gordon & Perlut, LLC, helps divorcing spouses navigate the complexities of spousal maintenance with confidence. Contact our Chicago divorce attorneys at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) for an [alimony consultation](https://familylawadvocate.com/contact-us/) and gain clarity on your situation.

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### [Top Tips for Creating a Successful Illinois Parenting Time Schedule](https://familylawadvocate.com/top-tips-for-creating-a-successful-illinois-parenting-time-schedule/)

**Published:** March 4, 2024
**Author:** familylawadvocate

**Content:**

When couples decide to part ways, the process of divorce or separation can bring about significant challenges, particularly when it comes to determining child custody arrangements. In Illinois, the concept of parenting time, formerly known as “visitation,” plays a central role in ensuring that both parents maintain meaningful relationships with their children following a divorce or separation.

Crafting a successful parenting time plan requires careful planning, consideration of various factors, and adherence to Illinois law. The Skokie child custody attorneys at Gordon & Perlut, LLC, understand the legal complexities of creating these parenting time schedules and can provide invaluable assistance to parents navigating this process.

## Understanding Parenting Time Under Illinois Law

In Illinois, [parenting time refers to the schedule dictating when each parent will spend time with their child or children](https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm). Unlike traditional visitation arrangements, which may have favored one parent over the other, parenting time emphasizes the importance of both parents maintaining a significant presence in their children’s lives. This approach reflects the state’s commitment to promoting the best interests of the child and facilitating healthy co-parenting relationships.

### Factors to Consider When Creating a Parenting Time Schedule

**1. Child’s Age and Developmental Needs –** The age and developmental stage of the child are crucial factors to consider when designing a parenting time schedule. Infants and toddlers may require more frequent, shorter visits to maintain attachment bonds with both parents, while older children may benefit from more extended periods with each parent.

**2. School and Extracurricular Activities –** Parents must consider their child’s school schedule and extracurricular commitments when crafting a parenting time schedule. Ensuring the schedule accommodates these obligations can help maintain stability and consistency in the child’s life.

**3. Geographic Considerations –** If parents live in different cities or states, geographic considerations must be considered when preparing the parenting time schedule. Logistics such as transportation arrangements and travel time should be carefully planned to minimize disruption to the child’s routine.

**4. Parenting Roles and Responsibilities –** Each parent’s availability and ability to fulfill parenting responsibilities should be considered when designing the schedule. Parents should be realistic about their schedules and commitments to ensure that they can consistently meet their parenting time obligations.

**5. Flexibility and Communication –** Building flexibility into the parenting time schedule is essential to accommodate changes in circumstances or unforeseen events. Additionally, open and effective communication between parents is critical for resolving conflicts and adjusting the schedule as needed.

## Legal Considerations and Compliance with Illinois Law

In Illinois, parenting time arrangements must comply with the state’s laws and guidelines governing child custody and visitation. Parents are encouraged to develop their own parenting time schedules, taking into account the [child’s best interests](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7) and specific family dynamics. However, if parents cannot reach an agreement, the court may intervene and establish a schedule based on the child’s best interests.

Skokie child custody attorneys at Gordon & Perlut, LLC, are well-versed in Illinois family law and can assist parents in developing parenting time schedules that comply with legal requirements while also promoting positive co-parenting relationships. By working with experienced legal professionals, parents can ensure that their parenting time arrangements are fair, equitable, and in the best interests of their children.

### Mediation and Alternative Dispute Resolution

In some cases, parents may encounter difficulties in reaching an agreement independently. Mediation and Alternative Dispute Resolution (ADR) can effectively resolve conflicts and facilitate productive discussions between parents. To best serve the needs of our clients, we can provide mediation services or refer parents to qualified mediators who can help them reach mutually acceptable solutions.

### Documenting the Parenting Time Agreement

Once parents have agreed on a parenting time schedule, it is essential to document the arrangement in writing. A formal parenting plan should outline the specific details of the schedule, including days and times for parenting exchanges, holiday and vacation schedules, and any other relevant provisions. Having a written agreement can provide clarity and serve as a reference point in case of disputes or disagreements in the future.

### Concluding Thoughts on Parenting Time Arrangements in Illinois

Creating a successful parenting time schedule under Illinois law requires careful consideration of various factors, including the child’s needs, parental availability, and legal requirements. Chicago and Skokie child custody attorneys at Gordon & Perlut, LLC, can provide knowledgeable guidance and support to parents navigating this process, helping them develop parenting time arrangements that prioritize the best interests of their children. By working collaboratively with legal professionals, parents can establish co-parenting relationships that promote stability, consistency, and positive outcomes for the entire family.

## Call Our Skokie Child Custody Attorneys For Parenting Time Agreement Assistance

If you’re concerned about crafting a parenting time schedule that prioritizes your child’s well-being and adheres to Illinois law, reach out to Gordon & Perlut, LLC. Our Skokie child custody attorneys are here to guide you through the process and provide clarity on your legal options. Call us at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to schedule your [divorce consultation](https://familylawadvocate.com/contact-us/) and take proactive steps to ensure a successful parenting time arrangement.

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### [Does A Divorce Ruin Your Credit?](https://familylawadvocate.com/does-a-divorce-ruin-your-credit/)

**Published:** February 26, 2024
**Author:** familylawadvocate

**Content:**

When couples decide to part ways, the process of divorce can initiate a cascade of changes, not just personally but financially as well. One concern that often arises during this turbulent time is the potential impact on one’s credit score. It’s a common misconception that divorce, in itself, directly affects your credit.

However, the financial shifts and decisions accompanying the dissolution of a marriage can influence your credit score. Our Chicago divorce lawyers at Gordon & Perlut, LLC, will shed light on this complex issue, guiding you through the financial complexities of divorce.

## Joint Financial Obligations and Credit Health

A significant aspect of married life is couples’ shared financial responsibilities. These joint financial commitments become focal points in a divorce, from mortgages and car loans to credit cards. The divorce attorneys at Gordon & Perlut, LLC emphasize the critical nature of addressing these joint accounts early in the divorce proceedings.

Regardless of the agreements reached in a divorce decree, [lenders still view both parties as jointly responsible for joint debts incurred together](https://money.usnews.com/credit-cards/articles/are-you-liable-for-your-spouses-credit-card-debt). This means that any lapse in payments on these accounts can negatively affect the credit scores of both individuals, irrespective of who was designated to pay according to the divorce agreement.

### The Path to Resolving Joint Debts

Divorce negotiations and settlements often involve the division of both assets and liabilities. The lawyers at Gordon & Perlut, LLC advocate for a proactive approach in dealing with joint debts. This may involve refinancing loans or mortgages under one party’s name or consolidating and paying off shared credit card debts. Such measures simplify financial obligations post-divorce and protect both parties’ credit scores from potential harm due to missed payments or high credit utilization.

## Adjusting to a New Financial Reality

Post-divorce, individuals must adapt to a new financial reality, often managing daily expenses on a single income. This adjustment can lead to increased reliance on credit cards, which, in turn, can result in high credit utilization ratios—a critical factor that credit bureaus consider when calculating credit scores. The Gordon & Perlut, LLC legal team advises clients to be mindful of their spending and credit use during this transition. Keeping credit utilization low and making timely payments are fundamental to maintaining a healthy credit score.

### Building or Rebuilding Individual Credit

For some, [a divorce might mean starting over to build individual credit](https://www.bankrate.com/personal-finance/credit/building-your-credit-before-during-and-after-divorce/), especially if most of their credit history was tied to joint accounts. Opening new accounts in one’s name and managing them responsibly is a crucial step toward independently establishing a positive credit history. Our attorneys often counsel clients on the best practices for building or rebuilding credit and achieving financial stability post-divorce.

## The Importance of Vigilant Credit Monitoring

In the aftermath of a divorce, keeping a close eye on one’s credit report is very important. Watching for inaccuracies or unauthorized activities on your credit report can help catch and address potential issues early. Should there be discrepancies related to joint accounts or debts that were supposed to be handled by an ex-spouse, individuals may need to dispute these errors with the credit bureaus.

Documentation from the divorce proceedings, such as the divorce decree and settlement agreements, can be invaluable in these situations. The legal professionals at Gordon & Perlut, LLC underscore the importance of diligent credit monitoring and are prepared to assist clients in navigating any disputes that may arise.

## A Final Word About Divorce and Your Credit Score

Divorce does not inherently ruin one’s credit, but the financial decisions and changes that come with it can pose significant risks if not managed with care. Through the guidance of experienced Chicago divorce lawyers like those at Gordon & Perlut, LLC, individuals can navigate the financial challenges of divorce, taking proactive steps to protect and maintain their credit health. By addressing joint financial obligations, adjusting to new financial realities, and vigilantly monitoring credit, individuals can emerge from a divorce without lasting damage to their credit scores.

## Call Our Chicago Divorce Lawyers to Protect Your Financial Interests

If you are worried about the potential impact on your credit score after divorce and are eager to safeguard your financial future, don’t hesitate to reach out to Gordon & Perlut, LLC. During a divorce, it is very important that you have a comprehensive understanding of your legal options. Contact our Chicago divorce attorneys at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to receive your [divorce consultation](https://familylawadvocate.com/contact-us/) and gain clarity on your situation.

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### [Is Spousal Maintenance Always Awarded In Illinois?](https://familylawadvocate.com/is-spousal-maintenance-always-awarded-in-illinois/)

**Published:** February 19, 2024
**Author:** familylawadvocate

**Content:**

Understanding family law in Illinois, especially regarding spousal maintenance (alimony), can often be confusing and lead to misunderstandings. A common question that arises in divorce proceedings is whether spousal maintenance is an automatic entitlement. This alimony article aims to clarify the nuances surrounding spousal maintenance in Illinois, providing a thorough understanding of its applicability and execution.

## What is Spousal Maintenance?

Spousal maintenance, commonly referred to as alimony, represents a legal commitment wherein one spouse supports the other financially during and following a divorce. This obligation is designed to mitigate any unjust economic consequences of divorce. Spousal maintenance is crucial for a spouse who hasn’t worked or has lower earnings, ensuring they maintain a reasonable standard of living post-divorce. It’s essential to differentiate between spousal maintenance and other financial aspects of a divorce, like child support or division of property, as each serves a unique purpose and is governed by different principles.

### Is Spousal Maintenance Automatically Awarded in Illinois?

In Illinois, there’s a prevalent misconception that spousal maintenance is a standard element of every divorce settlement. However, this is far from the truth. The granting of spousal maintenance is a complex decision that depends on many factors. It’s not an automatic entitlement but a carefully considered judgment by the court. The court’s decision to award maintenance hinges on a detailed assessment, which includes evaluating the couple’s financial situation, the length of the marriage, and the needs and capabilities of each spouse.

### Key Factors Considered by Illinois Courts

The Illinois legal system takes into account various critical factors when deciding on spousal maintenance:

1. **Income and Property of Each Spouse** – This includes the assets and earnings acquired during the marriage and any individual property or income each spouse has. The court looks at the entire financial landscape of both parties.
2. **Needs of Each Spouse** – The court evaluates the living standard established during the marriage and determines how each spouse can maintain a comparable lifestyle post-divorce.
3. **Present and Future Earning Capacity** – This factor considers how long it would take and what resources would be needed for the spouse seeking maintenance to gain the necessary skills, education, or employment to become self-sufficient.
4. **Duration of the Marriage** – Typically, the longer the marriage, the more likely a maintenance award will be considered, especially if one spouse has been out of the workforce for a significant period.
5. **Age and Physical and Emotional Condition of Both Spouses** – This includes assessing health conditions that might affect employment prospects and the need for ongoing support.
6. **Agreements Between the Spouses** – Prenuptial or postnuptial agreements can significantly influence maintenance decisions, as these agreements might have predefined terms concerning alimony.

Illinois offers a diverse range of spousal maintenance options to accommodate the varying needs of couples going through a divorce. Whether it’s temporary support during the legal process, fixed-term assistance for short-term marriages, indefinite maintenance for longer unions, or reviewable maintenance that adapts to changing circumstances, the state’s approach ensures that maintenance agreements are tailored to the specific situation of each couple. This flexibility in the types of maintenance available underscores Illinois’s commitment to providing fair and equitable financial support, reflecting the unique dynamics of each marital dissolution.

### Types of Spousal Maintenance in Illinois

Illinois recognizes several forms of maintenance to suit different divorce scenarios:

- **Temporary Maintenance** – This is typically awarded during the divorce process to provide support while the case is pending.
- **Fixed-Term Maintenance** – Applicable usually in shorter marriages, this type of maintenance is provided for a predetermined period, allowing the recipient time to become self-reliant.
- **Indefinite Maintenance** – Often seen in longer marriages, this maintenance has no predetermined termination date and continues until further court orders.
- **Reviewable Maintenance** – In these cases, the court sets a date to reassess the maintenance arrangement, considering changes in circumstances and the recipient’s efforts towards self-sufficiency.

Spousal maintenance orders are subject to change. Significant life events such as a substantial change in either party’s income, the recipient’s cohabitation with a new partner, or their remarriage can lead to a modification or termination of the maintenance order. Both parties must understand that maintenance is not a permanent fixture but a flexible component that adapts to changing life circumstances.

Spousal maintenance in Illinois is a decision influenced by various factors and reliant on judicial discretion. For those navigating a divorce, grasping these complexities is critical to understanding potential financial outcomes. Consulting with our seasoned Skokie spousal maintenance attorney is highly recommended to navigate these legal waters effectively and ensure fair representation.

### Call Our Skokie Alimony Attorney to Protect Your Financial Interest

If you are interested in receiving or modifying alimony arrangements to ensure your financial well-being, contact Gordon & Perlut, LLC. Understanding your legal options is crucial when it comes to making changes to alimony, especially in cases involving factors like changes in income or financial circumstances. Contact our Skokie alimony attorney at [847-329-0101](tel:18473290101) or [312-360-0250](tel:13123600250) to [receive an alimony consultation](https://familylawadvocate.com/contact-us/).

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### [Why Doesn't Illinois Have Common Law Marriage?](https://familylawadvocate.com/why-doesnt-illinois-have-common-law-marriage/)

**Published:** January 4, 2024
**Author:** familylawadvocate

**Content:**

## Common Law Marriage

*Common law marriage, an [informal type of marriage](https://en.wikipedia.org/wiki/Common-law_marriage) recognized based on the couple’s conduct rather than a formal ceremony, remains a subject of legal variability in the United States. Unlike some states where living together and presenting themselves as married can create a legal marriage, Illinois distinctly does not recognize Common law marriage. A key turning point came in 1905 when Illinois officially [banned common-law marriages](https://www.dcba.org/mpage/v35-Allison-Trendle). This decision laid the foundation for the state’s current laws on marriage.*

Common law marriage was a practical solution for couples in early America who couldn’t access formal marriage processes due to geographic isolation or other barriers. It allowed for the recognition of a marital relationship based solely on the couple’s behavior and societal acceptance. Over the centuries, this practice evolved, with more states requiring formal ceremonies and legal documentation for marriage. This shift reflects changing societal norms and the legal system’s growing emphasis on record-keeping and formalities.

While a minority of states in the U.S. still recognize common law marriage, each has its unique set of criteria, such as cohabitation for a specific period, joint finances, and public acknowledgment of the relationship as a marriage. These states often require clear evidence of a couple’s intent to be married. The legal implications in these states vary significantly, affecting issues like inheritance, property rights, and legal responsibilities upon separation or death.

### Illinois Family Law Legal Framework

Illinois law, specifically under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086), mandates a formal process for marriage recognition. This process includes obtaining a marriage license, undergoing a sanctioned ceremony, and fulfilling age and consent requirements. This explicit legal framework leaves no room for the recognition of common law marriages, setting Illinois apart from states with more flexible marriage recognition policies.

[Illinois’s rejection of common-law marriage](https://www.illinoislegalaid.org/legal-information/are-common-law-marriages-legal#:~:text=Common%20law%20marriages%20are%20not,of%20Illinois%20to%20solemnize%20marriages.) is rooted in multiple factors. Primarily, this stance reflects a preference for clear legal documentation in marital relationships, simplifying matters like divorce, inheritance, and property rights. Additionally, significant legal cases and evolving societal perceptions of marriage have influenced this position. The state’s legal system prioritizes clear definitions and boundaries in personal relationships, partly as a response to the complexities and disputes arising from ambiguous marital statuses.

### Challenges and Misconceptions

For couples in Illinois who consider themselves married under common law principles, numerous challenges arise, especially when legal issues like division of property or child custody come into play. Furthermore, there’s a prevalent misconception about the state’s recognition of these unions, leading some couples to mistakenly believe they have legal rights typically reserved for formally married couples. This gap in understanding can lead to significant legal and financial complications.

### Alternatives to Common Law Marriage

Recognizing the diverse needs of couples, Illinois offers alternatives like civil unions, which provide many of the legal benefits of marriage without the traditional ceremony. Couples are also encouraged to use legal instruments such as cohabitation agreements to outline the terms of their relationship, property rights, and responsibilities, thereby creating clarity and legal protection for their union.

Illinois couples are advised to consider other legal protections in the absence of common-law marriage. Cohabitation agreements, similar to prenuptial agreements, can define financial and property rights. Estate planning is also crucial for unmarried couples to ensure their assets are distributed according to their wishes and that their partners are provided for in the event of death or incapacity.

Illinois does not recognize common law marriage due to various historical, legal, and social reasons. This is important for unmarried couples living together to understand. They should get legal advice to know their rights and learn about legal options to protect their relationship.

### Contact Our Skokie Family Law Attorneys Today

If you need legal assistance concerning family law matters, our Skokie family law attorney at Gordon & Perlut, LLC, can work with you to protect your legal rights. Please [contact our law firm](https://familylawadvocate.com/contact-us/) at [(312) 360-0250](tel:13123600250) for a legal consultation.

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**Categories:** Family Law Attorney

**Tags:** common law marriage

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### [Should A Woman Hire A Female Divorce Attorney?](https://familylawadvocate.com/should-a-woman-hire-a-female-divorce-attorney/)

**Published:** December 26, 2023
**Author:** familylawadvocate

**Content:**

Are you a woman and going through a divorce? Our [Skokie divorce lawyer for women](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-women/) at Gordon & Perlut, LLC, understands that women can face unique issues in this trying time. For example, some divorcing women may feel anxious about their future if the other spouse is the primary breadwinner, and they may stress about how divorce will affect their children. It can help a woman to have a sympathetic and understanding ear in their corner when selecting a divorce attorney. Learn below about the potential benefits of hiring a female divorce attorney.

## Women Tend To Be Good Listeners

Some attorneys, male or female, may not listen carefully and understand your case particulars. However, many women tend to be natural listeners and communicators and may [understand the emotional part of an argument](https://www.globallisteningcentre.org/sex-differences-in-listening/) better than men. They may be more likely to listen to what their clients say. A female divorce attorney who listens carefully to her clients could uncover a vital piece of information that aids your cause.

## A Female Attorney Could Give You An Edge In Court

If your husband hired a male attorney and the case goes to trial, it could appear to certain observers that they are ganging up on a female. It could have that appearance in many divorces because complex matters are passionately discussed, such as if the woman has a history of alcohol abuse. A female Skokie divorce attorney can be just as zealous and passionate in her arguments, but the visuals might work better for a particular judge if a female is on the other side.

## Women Often Understand Other Women

A common dealbreaker in many marriages is a lack of communication; many men struggle. A female attorney may be able to communicate more effectively with their female client than a male. Also, if you are a man, you could benefit from having a woman attorney who may communicate about emotional divorce issues better than a male.

## Many Female Attorneys Have Gone Through Divorce

One of the reasons so many women practice family law is they have been through the divorce meatgrinder themselves. They know how frightening it can be to face a massive change in your standard of living or not always to be with the children. Their empathy for your situation makes them uniquely equipped to represent your rights during settlement negotiations or in court.

Many women also get along well with children, which can be a significant factor during a divorce. Children can face serious psychological effects from a divorce because they feel the considerable change coming in their lives. In some cases, a woman attorney may be able to soothe their client about the children and equip them with a better grasp of what will happen.

## Contact Our Skokie Divorce Lawyer For Women

When selecting a divorce attorney, you should always focus on the person’s skills, experience, and qualifications. However, there are circumstances where it can be beneficial to hire a female divorce attorney. If you are getting divorced, our Skokie divorce lawyer for women at Gordon & Perlut, LLC, can represent you effectively and with compassion. Please call (312) 360-0250 today to [discuss your divorce situation](https://familylawadvocate.com/contact-us/) with one of our Gordon & Perlut attorneys.

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**Categories:** Divorce Lawyer

**Tags:** Divorce

---

### [How To Shorten Length Of Divorce And Save Money](https://familylawadvocate.com/how-to-shorten-length-of-divorce-and-save-money/)

**Published:** December 12, 2023
**Author:** familylawadvocate

**Content:**

Divorce is an emotionally draining experience for most couples. Most separations are painful and emotional, and even an amicable divorce can bring complex legal issues. However, there are proven [methods for shortening the divorce process](https://www.forbes.com/sites/nextavenue/2019/07/22/8-ways-to-lower-the-cost-of-a-divorce/?sh=5b2720da4a31) and saving money that are outlined below.

If you are considering or going through a divorce, you should have an experienced attorney guiding you. Our [Chicago divorce attorney](https://familylawadvocate.com/divorce/pre-marital-agreement/) at Gordon & Perlut, LLC, can be your trusted legal advocate and ensure that your interests are protected.

## Select The Best Divorce Process

The best way to shorten a divorce and save money is to avoid going to trial. If two divorce attorneys need to fight it out in court over child custody, alimony, and property division, the process will take many months. Plus, the costs could be astronomical.

A better option for many couples is divorce mediation. In mediation, the spouses work with a neutral mediator to draft a divorce agreement. Mediation is less expensive and time-intensive because the parties can communicate directly. This allows both parties to reduce the number of attorney billable hours. Divorce mediation may cost between a few thousand to $15,000, depending on the case’s complexity.

Another choice is a collaborative divorce, where the attorneys meet with both spouses to create a divorce agreement. Costs for collaborative divorces vary, but they are usually less expensive than a divorce court trial.

## Get Organized

Divorce is primarily a financial matter. So, the more you do to keep your attorney from spending billable hours collecting your records, the more time and money you save. Much of what a divorce attorney does is organize the person’s file and get a grasp on finances, property holdings, assets, etc. If you can be organized and get banking and financial records in a row, it will make the divorce take less time and cost less.

## Keep It Simple With Retirement Funds

Dividing retirement accounts during a divorce can take time and cost a lot. You may need your attorney to draft a [Qualified Domestic Relations Order](https://www.dol.gov/sites/dolgov/files/ebsa/about-ebsa/our-activities/resource-center/faqs/qdro-overview.pdf) (QDRO). A more efficient way to deal with retirement accounts when they are roughly equal is to let each spouse keep theirs. If that is not an option, consider swapping other valuable assets instead of doing a QDRO. For example, if your wife maintains her retirement fund, you could be awarded the house in the divorce decree.

## Divide Household Goods Yourself

If you have been married for years, you may have a lot of personal property and household goods to divide. While your attorney can do this, it saves time and cost to decide among yourselves. It is usually best to avoid paying your attorneys to divide furniture, electronics, rugs, etc. If there is a disagreement over a particular household item with sentimental value, try to work it out before getting a lawyer involved.

## Contact Our Chicago Divorce Attorney

Divorce is often a highly stressful and contentious experience, but the ideas above can help to reduce the cost and timeline. If you have questions about your impending divorce, our Chicago divorce attorney at[ Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC, has the experience and skill to represent your interests effectively. Please call (312) 360-0250 today for a divorce consultation.

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**Categories:** Divorce Attorney

**Tags:** Divorce

---

### [What Cannot Be Stipulated In A Prenuptial Agreement?](https://familylawadvocate.com/what-cannot-be-stipulated-in-a-prenuptial-agreement/)

**Published:** December 4, 2023
**Author:** familylawadvocate

**Content:**

Many people believe that prenuptial agreements, also called pre-marital agreements, are only for the wealthy. But that is not true. A prenuptial agreement can be used by people at many income levels to protect their assets if divorce occurs.

However, there are certain things that a prenup cannot stipulate, which are described below. Do you need assistance with a pre-marital agreement? Our [Chicago prenup attorney](https://familylawadvocate.com/divorce/pre-marital-agreement/) at Gordon & Perlut, LLC is experienced in drafting these critical agreements and can advise you.

## What Can A Prenuptial Agreement Address?

The [Uniform Premarital Agreement Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59) in Illinois outlines what can be addressed in a prenuptial agreement. They include:

- Each spouse’s rights and obligations about property belonging to either, no matter when it was purchased or where it is located.
- The right to buy, sell, use, or transfer real estate, such as the marital home.
- How property will be divided upon separation, divorce, or death.
- How spousal support may be modified or eliminated.
- The writing of a trust, will, or similar arrangement used to carry out the prenup’s provisions.
- Life insurance policy ownership rights.

## What Cannot Be In A Prenuptial Agreement?

Sometimes a couple may try to create their prenuptial agreement without an attorney’s assistance. This is not recommended; each spouse should have a qualified Chicago area prenup attorney review the contract, or it may be unenforceable. Matters that a prenup cannot stipulate include:

### Illegal Provisions

Nothing in the prenup can violate the law. For example, there cannot be anything that encourages illegal activity or fraud or otherwise negatively affects public policy. For instance, a prenuptial agreement that attempts to lay out child support obligations will be deemed unenforceable by the court.

### Non-Financial Issues

Most prenuptial agreements focus on financial issues, such as property division and debts, and spousal maintenance. Matters that relate to other subjects, such as personal behavior, child support or child custody, cannot be in the agreement. These issues are usually dealt with in a court order, such as a child custody order that prioritizes the child’s best interests.

### Unfair Provisions

A prenuptial agreement provision cannot be unfair or too one-sided. For example, if the prenup states that one party should receive most of the marital property, it may be set aside by the divorce court. The terms of a prenuptial agreement must be reasonable and fair.

### Lack Of Full Disclosure

For the pre-marital agreement to be valid, both spouses must offer a full financial disclosure. If one party does not disclose assets, income, or debts, the agreement could be unenforceable. You can work with a prenup agreement attorney in Chicago if you suspect during divorce that your spouse was not truthful about their assets.

### Public Assistance Provisions

A prenuptial agreement cannot have provisions that limit or waive a party’s right to public assistance. You have the right to seek aid from the government if you are eligible. The prenup cannot prevent you from accessing these services.

## Contact Our Chicago Prenup Attorney Today

A prenup can offer substantial protection and flexibility, but there are limits and rules to be aware of. If you need legal assistance with a prenuptial agreement, our Chicago prenup attorney at Gordon & Perlut, LLC, can work with you to draft one that is legally enforceable. Please call (312) 360-0250 today for a [legal consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** Prenup Attorney

---

### [How To Prepare For An Impending Divorce](https://familylawadvocate.com/how-to-prepare-for-an-impending-divorce/)

**Published:** November 20, 2023
**Author:** familylawadvocate

**Content:**

Divorce is usually an immensely stressful process for most people. Many separations feature tremendous emotion and arguments; even an amicable divorce can result in considerable legal issues. Regardless of your case circumstances, you should always seek the advice and counsel of an experienced [Skokie divorce lawyer](https://familylawadvocate.com/divorce/).

This blog post will teach you some of the most important ways to prepare for a divorce. If you have specific legal questions regarding property division, child support, child custody, or alimony, please contact our family law attorneys today at (312) 360-0250. Our attorneys can review your case, help you prepare for the divorce process, and offer the best legal representation going forward.

## Determine The Kind Of Divorce You Want

Many people might think divorce is a one-size-fits-all process, but that is untrue. There are [many types of divorce you can pursue in Illinois](https://www.isba.org/public/guide/gettingadivorce). They include contested divorce, uncontested divorce, mediated divorce, and collaborative divorce. Each type has its benefits and drawbacks, and some forms of divorce may not be possible, depending on the situation. Talk to your attorney about your case, and they can determine which type of divorce may be the best choice.

## Collect Legal Documents

Even the most straightforward divorce has extensive paperwork. So, start collecting the necessary documents as soon as you decide to move forward with the process. Some of the documents you may need include:

- Tax returns
- Financial records and bank statements
- Property appraisals
- Wills
- Pay stubs
- Profit-and-loss statements if you are self-employed
- Retirement account statements

Your attorney will help you determine the documents you need to proceed with the divorce. You could speed up the process by having the abovementioned documents available when you first sit down with your Skokie divorce attorney.

## List Your Assets

Next, write an inventory of all assets you and your spouse have. This will be important when it is time to divide marital property. In Illinois, it is required for the marital estate to be divided equitably, but not necessarily 50/50. Determining marital and separate property will be of critical importance and your asset inventory should list the following:

- Property that each party acquired before the marriage
- Property that was obtained by legacy, gift, or descent
- Property that was obtained for property that was acquired before you were married
- Property that was obtained after there was a legal separation
- Property that was excluded according to a prenuptial or postnuptial agreement

## List Your Expenses

When you get a divorce, your expenses and debts may change considerably, so the sooner you start work on a new household budget, the better. Some of the costs that you should remember to include are

- Auto payments
- College expenses
- Student loan payments
- Utility expenses
- Mortgage and rent expenses
- Other household expenses that existed during the marriage

## Collect Income Information

Next, you should gather information about what you and your spouse earn. Legal decisions about child support, alimony, and property division depend on each party’s income. So, it is essential to have comprehensive income information available.

## Contact Our Skokie Divorce Lawyers Today

If you take the advice above as you prepare for a divorce, you will be in a better personal and financial situation as the process unfolds. You also should prepare for what is coming by seeking the advice of a knowledgeable Skokie divorce lawyer at [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/). Our attorneys have years of experience achieving the best case outcomes for our clients, so call us today at (312) 360-0250.

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**Categories:** Divorce Lawyer

**Tags:** Divorce

---

### [Who Is Responsible For Childrens' College Expenses?](https://familylawadvocate.com/who-is-responsible-for-childrens-college-expenses/)

**Published:** November 13, 2023
**Author:** familylawadvocate

**Content:**

If you are a parent of an older child or teenager, you probably are already considering how to pay for their college expenses. College tuition and related expenses rise yearly across the country and paying for it all can stress parents. However, when you are married, there is no legal obligation to pay for your child’s college costs.

But, if you get a divorce or were not married to the other parent, you should know that you could be court-ordered to contribute to your child’s college expenses. You should understand the complexities of Illinois law regarding providing financial support for your child in college. If you have questions about[ paying for your child’s college after you get divorced](https://familylawadvocate.com/articles/college-expenses/), our Chicago and Skokie family law attorneys can be reached at (312) 360-0250.

## College Tuition Expenses After An Illinois Divorce

After a divorce, the Illinois family court could require both parents to pay a share of the child’s college education expenses. Also, in certain cases, the child could be required to contribute a portion. However, how much each person needs to contribute to college expenses depends on several factors. They include:

### The Child’s Needs

The court could order each parent to pay more if the child needs significant financial resources to attend college, including room, board, and tuition.

### Each Parent’s Ability To Pay

If one parent has more money and assets than the other, the court may order that party to pay more for college costs. Generally, the court will review both parents’ income and related financial resources to decide how much each will pay.

### Academic Performance

In many situations, the Cook County / Skokie family law court will review whether the student receives financial aid, how many loans they have, and any college savings accounts. Also, the child must have at least a C average in college. [After the child turns 23](https://www.ilga.gov/legislation/ilcs/documents/075000050k513.htm), the financial obligations for the parents end, other than in situations where the college educational needs of the child have been delayed, such as for military service. If that is the case, education payments could continue until they are 25.

## What Is An Educational Expense?

State law requires parents to contribute to a child’s college tuition and housing, food, supplies, books, and medical expenses during the college years. Because the child may live in private accommodation, on campus, or at home, the cost associated with these expenses can vary. Also, the law does not just address college and university education; the parents also could be ordered to pay for vocational school, trade school, and related types of career training.

## Speak To Our Skokie Family Law Attorneys For Legal Advice

Illinois law states that just because parents are getting divorced, this does not mean that the child should not receive a college education. For legal representation in child support, paying for college, and related matters, speak to our Skokie family law attorneys at [Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC today. Please call (312) 360-0250 for a confidential consultation. Our attorneys understand that when it comes to divorce law, we must dig deep into the facts to ensure that all parties pay what they should for the child’s college expenses.

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**Categories:** Family Law Attorney

**Tags:** college expenses

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### [How Does A Court Determine the Primary Custodial Parent?](https://familylawadvocate.com/how-does-a-court-determine-the-primary-custodial-parent/)

**Published:** November 13, 2023
**Author:** familylawadvocate

**Content:**

Whether you are planning a divorce or are unmarried and want to have custody of your children, you must understand how the court determines the primary custodial parent. The court will consider many factors to determine what is in the child’s best interests before awarding primary custody. If you have questions after reading this post, please speak to our experienced [Chicago child custody lawyers](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC, by calling (312) 360-0250.

## Factors That Determine Primary Custody In Illinois

The court always considers the best interests of the child when deciding which parent will have the majority of [parental responsibilities and parenting time](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division/Child-Related-Issues). They include:

- The wishes of the child, according to their maturity and ability to communicate their preferences
- The ability of each parent to make decisions regarding the child’s best interests
- The mental and physical health of the parents and child
- How well the child is adjusting to their home and community
- To what degree the parents can communicate and cooperate for their child’s benefit
- The needs of the child and wishes of the parents
- The role of each parent in making essential family decisions regarding the child
- The child’s needs
- How far the parents live from each other, and what the costs are of transporting the child

## How Old Does The Child Need To Be To Declare A Parental Preference?

There is no exact age when a child in Illinois gets to “decide” which parent will have primary custody and the majority of parental responsibilities. However, the older and more mature the child is, the more likely the court will consider their point of view. For instance, if the child is 16 and mentally competent and mature, it may be less likely that the court will order something that differs substantially from what the child wants.

## How Is Child Custody Decided If The Parents Are Unmarried?

Illinois child custody laws provide the mother with the right to make the decisions about the child’s upbringing and have sole custody until the father proves paternity. The mother can show the parent-child relationship by demonstrating that they gave birth to him or her. On the other hand, the father will need to file a paternity action.

To prove paternity, the father may sign a Voluntary Acknowledgement of Paternity. This is a form that the parents can sign when the child is born. Or, the father can ask for genetic testing to prove that he is the biological father. After establishing the parent-child relationship, an unmarried parent may petition for child custody as married parents would.

## Contact Our Chicago Child Custody Lawyers For Legal Assistance

The Chicago child custody lawyers at [Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC, understand that child custody is one of a divorce’s most challenging and emotional aspects. The Illinois Marriage and Dissolution of Marriage Act requires the family court to determine how parental responsibilities will be allocated per the child’s best interests. If you have questions about sole custody and allocation of parental responsibilities in Illinois, contact our Chicago child custody attorneys today at (312) 360-0250.

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**Categories:** Child Custody Lawyer

**Tags:** Child Custody

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### [What Percentage Of Social Security Can Be Garnished For Child Support?](https://familylawadvocate.com/what-percentage-of-social-security-can-be-garnished-for-child-support/)

**Published:** November 6, 2023
**Author:** familylawadvocate

**Content:**

According to Illinois law, both parents must financially support their children. So, the family court has the authority to order child support to either parent to benefit the child. Usually, child support is provided to the parent who has most of the parenting time. If you are the parent providing child support and receive Social Security, a portion of your benefits can be garnished to fulfill your obligations to your children.

In this blog post, find out more about child support and Social Security benefit garnishments. If you have detailed questions about child support, our [Chicago child support attorneys](https://familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC, are uniquely qualified to address them. Call today for a legal consultation at (312) 360-0250.

## Can Social Security Be Garnished For Child Support?

Yes. Section 459 of the Social Security Act allows your benefits to be garnished to enforce your requirement to pay alimony, child support, or restitution. By law, the Social Security Administration does not make retroactive adjustments. Additionally, the federal Consumer Credit Protection Act allows garnishment of a [maximum of 50% of your benefits](https://www.aarp.org/retirement/social-security/questions-answers/social-security-garnished.html) if you are supporting a child or spouse apart from the subject of a court order, or up to 60% if you are not. An additional 5% can be included if you are 12 or more weeks behind in payments.

## How Does The Illinois Court Determine The Amount Of Child Support?

The amount of child support you must pay is decided by state guidelines. The state guidelines consider each parent’s income, the number of children, and many other factors. Income is determined by reviewing each parent’s net income, including wages, salaries, bonuses, commissions, and other types of income. The law also considers other children from other relationships that each parent must support.

## What Happens If A Parent Will Not Pay Child Support?

If a parent falls behind in paying child support, the other parent can go to court to enforce the child support order. Potential penalties for not paying child support may include wage garnishment, tax refund seizure, suspension of professional or driver’s licenses, and sometimes jail time in extreme cases.

## Can Child Support Be Modified?

Yes. If there is a significant change of circumstances of one or both parents or a change in the needs of the child. This may be a substantial change in the income for either parent, loss of a job, increased medical costs for the child, or other significant changes. If you want a child support modification, you can request a modification review from the court. The parents must complete a Financial Affidavit and provide other documentation detailing their current financial situation.

## Have Child Support Questions? Speak To Our Chicago Child Support Attorney Today

Child support issues can be among the most contentious aspects of a divorce. Whether you need to pay child support or seek it from another parent, you need the help of a qualified attorney to enjoy the optimal case result. Our Chicago child support attorneys at [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) can review your case and offer potential legal solutions, so call (312) 360-0250 today.

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**Categories:** Child Support Attorney

**Tags:** garnishment, social security

---

### [How Does No Fault Divorce In Illinois Work?](https://familylawadvocate.com/how-does-no-fault-divorce-in-illinois-work/)

**Published:** October 24, 2023
**Author:** familylawadvocate

**Content:**

If your marriage is not working and you are ready for a divorce, you may wonder if you must prove fault to end it. In Illinois, you can get a no-fault divorce, which may make it easier and faster to end the marriage. Learn about no-fault divorces below, and you can ask our [Chicago divorce lawyers](https://www.familylawadvocate.com/divorce/fault-no-fault/) for additional information about your case.

## How No-Fault Divorce Works

Illinois is a no-fault divorce state, which means you do not have to prove a reason that the marriage is ending. The law changed in January 2016 with [Public Act 99-90,](https://www.ilga.gov/ftp/Public%20Acts/99/099-0090.htm) which eliminated all fault grounds for getting a divorce. The change to a no-fault divorce is part of a trend in much of the US to reduce conflict and disagreement during the divorce process. Rather than focusing on wrongdoing and blame, the focus is on resolving major marital issues involving dividing property, child custody, child support, and alimony.

If you want a no-fault divorce in Illinois, you must meet specific criteria for it to be granted.  First, you and the other party must live separate and apart for more than six months. Next, the court must find that irreconcilable differences caused the marriage to break down. Also, efforts to save the marriage must have failed, and additional attempts must be considered unlikely to bear fruit.

If you and your spouse decide to try to make things work during the separation, this does not restart the clock on the separation period. The state wants you to try to reconcile and does not discourage you from trying to save the marriage.

### What Does ‘Living Separate And Apart’ Mean?

Obtaining a no-fault divorce based on irreconcilable differences means living separate and apart for several months. What does this mean? In the past, courts have interpreted this phrase to mean not living as a husband and wife, but not necessarily in different households. The courts recognize that having two separate households could be financially and logistically challenging.

So, you may continue to live under the same roof, but you cannot live as husband and wife. This means not sleeping in the same bed, having intimate relations, eating meals together, and presenting yourself to the public as husband and wife. If you and your spouse live in the same household in this manner, the courts in Illinois will view you as living separate and apart.

### Contact Our Chicago Divorce Lawyers Today

If you want to get a divorce in Illinois, you do not have to prove that the other party did something wrong that caused the marriage to break down. Instead, you can ask for a no-fault divorce, but getting it granted requires you to take the steps mentioned in this article.

Our Chicago divorce lawyers at Gordon & Perlut, LLC can help you with a no-fault divorce and represent your interests in contentious areas, such as property division, spousal support, and child custody. [Speak to one of our attorneys today](https://www.familylawadvocate.com/contact-us/) about your case at (312) 360-0250 for legal assistance with your divorce. Our attorneys also can assist if you want to try mediation to resolve major divorce disputes efficiently and with less cost.

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**Categories:** Divorce Lawyer

**Tags:** no fault divorce

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### [How To Choose Best Divorce And Custody Lawyers In Illinois](https://familylawadvocate.com/how-to-choose-best-divorce-and-custody-lawyers-in-illinois/)

**Published:** October 10, 2023
**Author:** familylawadvocate

**Content:**

Getting a divorce can be one of life’s most stressful events and could leave you feeling at sea and drained of energy. Making the situation even more difficult is if there are children of the marriage and you are fighting for custody. If that happens, you should have the [best divorce and custody lawyer in Illinois](https://www.familylawadvocate.com/family-law-attorney-des-plaines-il/) protecting your rights. Learn how to select the best attorney in this article, and direct your questions to our Illinois divorce and custody lawyer at Gordon & Perlut, LLC.

## Look For Illinois Divorce Law Experience

Navigating complex divorce issues, including child custody and child support, can be daunting for the inexperienced attorney. Illinois family law can be complicated, so it is critical to hire an attorney who understands the intricacies of the law. Only some attorneys focus on divorce and custody law, so only hire an attorney with years of experience.

### Counties Of Practice

All divorces in Illinois are subject to provisions of the [Illinois Marriage and Dissolution of Marriage Act,](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086) but the process can vary considerably from county to county, even in the same state. For example, a divorce proceeding in Cook County could differ significantly from one in a county across the state.

This is where retaining a divorce and custody attorney who knows the local procedures, rules, and timetables of the county is critical. Having a lawyer who knows the county’s requirements where the divorce is filed will ensure the case is handled efficiently and with fewer complications. Thus, hiring a lawyer who understands your county’s procedures is essential.

The divorce and custody attorneys at Gordon & Perlut, LLC are skilled, accomplished attorneys who regularly handle cases in Cook, Lake, and DuPage counties. We know the rules and procedures in courtrooms in these counties and will take your case most efficiently.

### Testimonials And Online Reviews

Check online reviews for all types of products and services you buy. You should do the same when hiring a divorce and child custody attorney. In fact, you should spend more time vetting a potential divorce attorney than almost any other purchase you make. Your attorney’s results may affect your life and that of your child for many years.

Take a few hours to search the Internet for reviews of a divorce attorney you are thinking about retaining. Many attorneys might have a negative review or two, but if you see mostly five-star reviews, that is a good sign that the attorney is one to consider. When you narrow things down to two or three highly-rated attorneys, interview each one and see which one you are most comfortable with. You will probably have to work with that attorney for months, so choose someone you ‘click’ with.

### Contact Our Divorce And Custody Lawyers In Illinois

Getting a divorce is difficult and emotional enough, but a child custody fight in the middle of it can make things even more challenging. That is why you should have an experienced divorce and custody lawyer in Illinois working for you. Gordon & Perlut, LLC understands how complex divorce and custody concerns can be and can help achieve the best case outcome for you. Please [contact our law office for a consultation](https://www.familylawadvocate.com/contact-us/) today at (312) 360-0250.

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**Categories:** Divorce and Custody Lawyer

**Tags:** custody lawyer, divorce lawyer

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### [What Is Required For Legal Separation In Illinois?](https://familylawadvocate.com/what-is-required-for-legal-separation-in-illinois/)

**Published:** October 3, 2023
**Author:** familylawadvocate

**Content:**

Legal separation is possible if your marriage is not going well, but you are unsure if you want a divorce. Under the Illinois Marriage and Dissolution Act, you may file a Petition for Legal Separation, which will require you to still address common issues between the spouses without the marriage being terminated. Learn more about legal separation in this article, and contact our[ legal separation attorney in Illinois](https://www.familylawadvocate.com/divorce/legal-separation/) at Gordon & Perlut, LLC for assistance.

## How Does Legal Separation Differ From Divorce?

Divorce and[ legal separation in Illinois](https://19thcircuitcourt.state.il.us/2131/Legal-Separation) are similar in that both begin when one party files a petition asking the family court to intervene. Also, both processes allow the parties or the court to deal with significant issues, including spousal maintenance, child custody, and property division.

The significant difference between legal separation and divorce is that the judge ends the marriage after the divorce process. Both parties are free to get married again. On the other hand, legal separation does not end the marriage, so while you live apart and live separate lives, neither party can remarry until the separation is converted into a divorce.

## What Is Required For Legal Separation?

In Illinois, legal separation is possible for a couple living separately. At least one party must file the separation petition to initiate the process. The petition must include specific information, such as each party’s age, residence, occupation, date of marriage and separation, and whether there are children from the union. Also, at least one spouse must live in the state when the petition is filed.

You and your spouse can negotiate the separation terms, such as how marital property and debts will be divided, child support, and custody. Both parties are bound to the separation agreement once the judge signs it.

Living separate and apart is vital to being granted a legal separation. However, the state of Illinois understands it can be both logistically and financially challenging for a couple to afford two places to live. It is possible under the law to live separate and apart under the same roof if you are not living as a married couple. This means you are not sleeping in the same bed, attending social events as a couple, sharing daily meals, or having intimate relations.

If you file for legal separation and live separately and apart in the same home, it is essential to follow the rules. If the court finds out you are not living separate and apart, the petition could be dismissed, and the process must be restarted. Legal separations can take months, so continuing the process would be a significant setback.

## Contact Our Legal Separation Attorney In Illinois

Separating from your spouse is a serious matter, and it requires a great deal of thought and attention to the details. Contact our legal separation attorney in Illinois at Gordon & Perlut, LLC to help ensure the process goes as smoothly as possible. [For more information and a consultation](https://www.familylawadvocate.com/contact-us/), please call (312) 360-0250 today.

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**Categories:** Legal Seperation

**Tags:** Legal Separation

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### [Does My Ex Have To Sign Papers For Divorce To Be Final?](https://familylawadvocate.com/does-my-ex-have-to-sign-papers-for-divorce-to-be-final/)

**Published:** September 20, 2023
**Author:** familylawadvocate

**Content:**

Divorce is usually more uncomplicated when both parties agree to part ways. But sometimes, one spouse will contest the divorce; if that happens, you might wonder about your options. This article explains the process if one party does not agree to sign the divorce papers. If you have questions about your divorce, a[ Chicago divorce attorney](https://www.familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC can help today.

## Contested Divorce Overview

A[ contested divorce](https://www.isba.org/public/guide/gettingadivorce) is when one of the spouses does not agree to the divorce. This could be because the spouse disagrees with the divorce’s terms and conditions. Or they may not want to divorce at all. There are many reasons why someone might not want to sign the divorce papers and agree to part ways:

- Spiteful feelings toward the other party
- Religious reasons
- Fear of being isolated and alone
- Fear of being judged by friends and family
- Fear of being financially unstable

If the other party is served with divorce papers and does not want to end the marriage for one of these reasons, what happens if they do not respond and/or refuse to sign?

### Not Responding To A Petition For Dissolution Of Marriage

A spouse who receives divorce papers in Illinois also receives a summons stating they must respond. The respondent is required to file a written appearance and response with the court within 30 days. The appearance informs the court and petitioner that the respondent intends to be involved in the process. Filing an appearance is the initial step to discussing major divorce issues, including child custody, alimony, and property division.

If the respondent does not respond or sign, they are forfeiting their right to participate. You can file a motion to hold your spouse in default if the 30-day period passes without a response.

### What Is A Default Divorce In Illinois?

If your spouse does not respond to the divorce petition, the case can proceed without them. The court will base its decisions about significant divorce matters based on the petitioner’s requests, for the most part.

If the judge enters a default judgment against the other party and wants a say in the divorce, they can ask the court to vacate the default judgment. However, this motion to set aside the default judgment may not be granted if filed more than 30 days after the default judgment was entered.

### What If The Spouse Will Not Sign The Final Divorce Decree?

If a spouse refuses to sign the final divorce decree, you must go to Trial.  At this point,  your spouse will either come to the Trial or not.  During this Trial, the judge will review the divorce petition and other evidence/factors. In many cases, the court will rule in favor of the petitioning spouse, because the other spouse is not there to present a case.

## Contact Our Chicago Divorce Attorney Today

Divorce is usually painful and stressful, and if the other party does not sign, you should speak to an attorney about the next steps. Our Chicago divorce attorney at [Gordon & Perlut, LLC](https://www.familylawadvocate.com/contact-us/) can offer legal assistance with your divorce, so call (312) 360-0250.

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**Tags:** divorce papers

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### [How Nonpayment Of Child Support Can Affect Your Livelihood](https://familylawadvocate.com/how-nonpayment-of-child-support-can-affect-your-livelihood/)

**Published:** September 11, 2023
**Author:** familylawadvocate

**Content:**

It is required by Illinois law that both parents support their children. Thus, the divorce court can award child support to the mother or father to benefit the children. Child support is usually awarded to the parent with the children the most. But what happens if you do not pay child support? Find out below, and if you have questions, our [child support attorneys in Skokie](https://familylawadvocate.com/divorce/child-support/) can assist you.

## What Happens If You Do Not Pay Child Support?

Not paying child support in Illinois is a serious matter. If it is not paid, a federal Child Support Enforcement program partners with states to ensure that children get the financial support they need. This national program locates parents, proves paternity (if necessary), and enforces state child support orders.

Also, the Illinois Department of Healthcare and Family Services handles state enforcement. Child support orders are entered into the department’s database, and payments are monitored. If the custodial parent notifies the department of nonpayment, it can initiate a collection action. Other possible outcomes of not paying child support are being held in contempt of court, paying heavy attorney fees to the other parent, and even going to jail. All these adverse outcomes can affect your livelihood, so it is imperative to pay child support.

## How Illinois Child Support Is Calculated

The method used to determine the amount of child support in Illinois is the [income shares model](https://hfs.illinois.gov/childsupport/formsbrochures/hfs1759.html#:~:text=The%20Illinois%20mandatory%20child%20support,support%20to%20the%20other%20parent.), which is based on both parents’ net income and the number of children. The child support guidelines require the financial information of both parents to determine the child support payment. Either parent can be required to pay child support, but only one parent will be ordered to give child support to the other party.

Child support ordered by the court must be paid until the youngest or only child reaches age 19 or graduates from high school (whichever comes first). Unless the parties agree differently, child support ends upon emancipation.

## How Does Shared Custody Affect The Child Support Payment?

The child support guidelines in Illinois consider shared custody; when each parent has the child often, it can lead to increased living costs. For example, parents must provide each child with a bedroom and other basics.

Illinois has a separate worksheet to determine child support payments when each party has the child for at least 146 nights per year. In this case, the total child support obligation is multiplied by 1.5.

## When Can Child Support Differ From State Guidelines?

The judge can order a different amount of child support than the guidelines require. But the judge must explain why the change was made. For example, the judge could order child support that deviates from the guidelines if the standard of living differs considerably from the child’s when the parents were married. In this case, other factors that could influence child support are the child’s special needs or the parent’s financial resources and needs.

## Speak To Our Child Support Attorneys In Skokie Today

Child support matters can be contentious. With the help of an experienced attorney, you may have a better case outcome. [Contact o](https://familylawadvocate.com/contact-us/)[ur child support attorneys](https://familylawadvocate.com/contact-us/) in Skokie at Gordon & Perlut, LLC for help at (312) 360-0250.

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**Tags:** child support nonpayment

---

### [What Impacts The Cost Of Divorce In Illinois?](https://familylawadvocate.com/what-impacts-the-cost-of-divorce-in-illinois/)

**Published:** September 4, 2023
**Author:** familylawadvocate

**Content:**

Divorce is one of the most stressful experiences in life. Most separations are painful, and even a relatively amicable split can have complicated legal issues. The cost of divorce also can be challenging, and it is essential to understand the factors involved. If you have questions about a pending divorce, our [Skokie divorce lawyers](https://familylawadvocate.com/divorce/) can assist you.

## What Does An Illinois Divorce Cost?

The cost of an Illinois divorce depends on the situation’s complexity and how contentious the split is. Generally, the more you can agree with your partner about significant divorce issues, the less expensive the divorce. [Some sources report that the average cost of divorce in Illinois is $15,000](https://www.withevident.com/family-matters/cost-of-divorce-in-illinois). If you and your spouse agree to an uncontested divorce, the cost can range between $2,500 and $5,000.

## Factors That Affect The Cost Of Divorce In Illinois

Many factors will affect the price of your divorce in Illinois. They include:

### Contested Or Uncontested Divorce

If you and the other party are amicable in the divorce, you may pursue an uncontested divorce. The price drops significantly when major divorce issues can be decided without attorneys and courts involved. Much of the price of a divorce depends on how much legal guidance and support is needed. However, getting an uncontested divorce is impossible if you are in a contentious situation with many disagreements over the outcome.

### Children

When there are children from the marriage, the cost of divorce can rise significantly, especially when the parents fight for primary custody. There also can be disagreements over child support and visitation. You can save money if you can devise a parenting plan with your spouse without the court intervening.

### Property Division

If you and your spouse own a lot of property or a business, the cost of divorce can rise. Parties who cannot agree on property division must rely on the divorce court to decide who gets what.

A smart option to consider is mediation. A third-party mediator can meet with both of you to discuss property division disagreements. While the decision is not binding, mediation can help the parties divide marital property fairly without relying on the court to decide things. It also gives you more control over your financial future, which many prefer.

### Trial

Going to trial may be needed if major divorce issues cannot be resolved outside of court. Going to court raises the cost of divorce because of the legal hours required to prepare and present the case.

### Spousal Support

If one of the parties wants to receive alimony or spousal support, this can affect the cost of the divorce. But if you and your spouse can agree on alimony payment amounts and duration, the divorce cost can be reduced.

## Speak To Our Skokie Divorce Lawyers Today

Divorces can be expensive, but there are ways to keep the costs under control. It helps to contact a divorce attorney early in the process to understand your legal options. Your attorney will resolve the significant divorce issues quickly to keep costs under control. [Contact our Skokie divorce lawyers](https://familylawadvocate.com/contact-us/) at Gordon & Perlut for answers to your legal questions on divorce and other Illinois family law issues at (312) 360-0250.

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**Tags:** divorce cost

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### [What Can Be Learned By Kevin Costner's Prenuptial?](https://familylawadvocate.com/what-can-be-learned-by-kevin-costners-prenuptial/)

**Published:** August 29, 2023
**Author:** familylawadvocate

**Content:**

Are you considering a prenuptial agreement? Some things can be learned by studying Kevin Costner’s prenuptial agreement, and your attorney can help you with yours. Our [Chicago prenuptial agreement attorney](https://familylawadvocate.com/divorce/pre-marital-agreement/) at Gordon & Perlut, LLC, can help if you have questions.

## The Kevin Costner Divorce

This year, Kevin Costner and his wife, Christine Baumgartner, [divorced after being married for 19 years](https://www.usmagazine.com/celebrity-news/news/kevin-costner-christine-baumgartners-divorce-everything-to-know/). Baumgartner filed for divorce from the famous actor, citing irreconcilable differences. The divorce was filed in May 2023, but court documents reveal that the couple split the month before. In his response to the divorce filing, he mentioned that he and his wife had signed a prenuptial agreement.

## What The Costner Prenup Says

Media reports say that the prenuptial agreement states that Baumgartner had one month to leave the $145 million house the actor owns after she filed for divorce. The prenup also states how the parties will split their debts and assets.

She filed on May 1, 2023, and she still lives at the property as of this writing. This situation raises many important questions about a prenup’s validity and enforceability.

When written correctly, prenuptial agreements are usually enforceable, with certain exceptions. A divorce court may invalidate a prenuptial agreement if it is fraudulent, unconscionable, or was signed under duress. It also could be declared unenforceable if the prenup did not meet the locality’s legal requirements.

In the Costner case, Baumgartner not abiding by the prenup and refusing to move raises interesting questions. Her legal team could argue that the prenuptial agreement is not enforceable because she signed it under duress or was coerced. Or, they could argue that the prenup is unconscionable and is too favorable to the actor.

According to media reports, Costner is worth approximately $400 million, and his wife wants a share of his assets. But Costner says that he has complied with the agreement terms, including paying her $200,000 in the first two years of the union. As required, he also paid her $1 million when the divorce petition was filed.

Costner also has agreed to pay Baumgartner $200,000 more for a down payment on a new home. His attorneys argue that his estranged wife is making ‘[unreasonable financial demands’](https://nypost.com/2023/06/14/kevin-costner-wanted-ironclad-prenup-after-first-marriage-left-him-homeless/) as a condition to vacate the marital home.

## What This Means For Your Prenuptial Agreement

If one party disregards specific prenup terms, the other party can seek legal remedies via the court system. The court will review whether the prenuptial agreement is valid and assess the claims by both sides. In this situation, Costner’s attorneys will probably show evidence that the prenuptial agreement is fair and valid. It will be up to the court to decide if her refusal to comply is appropriate.

The Costner case shows how important it is to be represented by an experienced, skilled prenuptial agreement attorney. When enough is at stake, it is common for the other party to mount a challenge to the premarital agreement.

## Contact Our Chicago Prenuptial Agreement Attorney Now

When thinking about a premarital agreement, you should only attempt to draft one with the help of an attorney. In fact, both parties should have their own attorneys representing their interests. Our [Chicago prenuptial agreement attorney](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC can draft, review, or revise your prenup, so call (312) 360-0250 today.

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**Categories:** Prenuptial Agreement Attorney

**Tags:** prenup, prenuptial agreement

---

### [Why You Should Always Be Cordial With Your Ex](https://familylawadvocate.com/why-you-should-always-be-cordial-with-your-ex/)

**Published:** August 21, 2023
**Author:** familylawadvocate

**Content:**

A divorce is usually a challenging time that forces you to change your life and your plans for the future. Especially when children are involved, you will likely need to continue dealing with your ex on some level, so being cordial with him or her is wise. Learn more about this topic in this article, and if you have issues with divorce or child custody, contact our [Skokie family law attorney](https://familylawadvocate.com/family-law/) today for legal assistance.

## Staying Cordial Benefits Your Divorce Case

The final divorce decree issued by the family court is an essential legal document that carries the force of Illinois law. The orders in the divorce decree are binding but (some terms) can also be modified. An Illinois divorce decree is often modified regarding child custody and visitation.

You or your ex can ask the judge to modify the divorce decree if there is a material change in circumstances. For example, one of the spouses may have an increase or decrease in income, so the other party may want to change the child support payment. It helps your case and the well-being of your children if you and your ex can get along and work through these changes amicably. If the two of you can agree, it can save significant legal fees. So, getting along can save you both time and money.

## There Also Are Emotional Benefits

Most divorced couples want to put their old lives behind them, but the events that occurred during marriage will often affect them. Most divorce orders require property to be transferred or for a business or home to be sold. Also, many marriages have children that require the two of you to deal with each other to some extent.

So, for the emotional health of everyone involved, you should attempt to stay on reasonably good terms with your ex-spouse. Parties who agree on significant changes involving some terms of your original divorce can reduce emotional pain and stress and save money.

## How To Be Cordial With Your Ex

While getting along with your ex-partner can be challenging, it is for the best for all parties involved. Here are some ways to accomplish this:

### Think About It Through The Child’s Eyes

Assuming you and your ex have children together, children who adjust best during and after divorce usually have [parents who can get along](https://www.thehoodmagazine.com/2016/03/24/106109/how-to-be-cordial-with-your-ex). You can help your children adjust to these changes by not saying anything negative about your ex in front of them. Remember that your children love both of you and being negative about your ex with the kids will affect their well-being.

### Do Not Try To Control Your Ex

You will quickly get frustrated and angry if you try to control your ex. You cannot control what they do, but you can control how you interact with them. Do not focus on what your ex is doing that you disagree with, mainly when you deal with the kids.

## Contact Our Skokie Family Law Attorney Today

Outstanding legal representation is essential if you are going through a divorce or child custody dispute. Please [contact our Skokie family law attorney](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, at (312) 360-0250.

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### [For What Reasons Can I Ask For More Alimony?](https://familylawadvocate.com/for-what-reasons-can-i-ask-for-more-alimony-maintenance/)

**Published:** August 14, 2023
**Author:** familylawadvocate

**Content:**

If you get divorced in Illinois, you will have to divide your marital property. When children are involved, decisions about child support and custody will be made. Alimony (known in Illinois as maintenance) also can come into the picture in some circumstances. But under what conditions can you ask for more alimony/maintenance? Learn about this critical topic in this article, and if you have questions about the alimony you receive, our [alimony lawyer in Chicago](https://familylawadvocate.com/maintenance-aka-alimony/) can help today.

## How You Prove You Should Get Alimony / Maintenance In Illinois

Before the court will consider how much and how long you should receive maintenance, the judge must determine if maintenance should be paid. The judge will review the following factors when making this decision:

- Each person’s property and income, including marital property, was awarded in the divorce.
- Each person’s need for financial assistance.
- Any changes in the current and future earning ability of the spouse asking for support because of decisions made during the union. For example, a homemaker spouse may have more difficulty being financially independent after a divorce.
- The time it will take for the requesting party to obtain the required education, training, and employment to be financially independent.
- Each person’s age, physical and emotional health.
- Whether one person contributed to the other’s education when they were married.
- Any agreement for alimony/maintenance between the parties.

## How To Prove That You Need More Alimony

For your maintenance in Illinois to be increased, you must prove there was a significant change in circumstances since the original order was put into place. You also will need to show that your economic needs are greater than they were before. Once the alimony order is in place, if a substantial change warrants a higher payment, you can file a motion with the court asking for a modification. This assumes the terms of your maintenance award allow a modification; some agreements originally entered into bar modifications.

What is a substantial change in financial circumstances? A common situation is if the recipient spouse lost their job, had hours cut, or suffered another financial loss. Or, there could be more significant healthcare costs requiring a higher income to pay your bills. In any alimony modification case, the paying spouse’s ability to pay and your current financial needs will be reviewed by the judge to determine if a higher spousal maintenance payment is warranted.

## How Long Does Alimony Last?

When the judge orders alimony, the duration of the financial assistance depends on how long the marriage was. The award can last indefinitely for a marriage that lasted at least 20 years.

Also, the order to pay alimony in Illinois ends [when one of the parties dies](https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm), the one party receiving alimony remarries, the terms of the original Order for maintenance state that it ends, or the party receiving alimony cohabitates with another party continually.

## Speak To Our Alimony Lawyer In Chicago

In some cases, a family court judge will award alimony for a certain period that it takes for the receiving spouse to become financially independent. But the alimony order can often be modified if conditions warrant a change. You have legal options if you receive alimony but think you should get more. Please [contact](https://familylawadvocate.com/contact-us/)[ our alimony lawyer in Chicago](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC today at (312) 360-0250 for legal assistance.

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**Tags:** alimony, maintenance

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### [How Is Community Property Determined In Divorce?](https://familylawadvocate.com/how-is-community-property-determined-in-divorce/)

**Published:** August 7, 2023
**Author:** familylawadvocate

**Content:**

There are many challenges when getting a divorce, but one of the more contentious issues is how property is divided. Before the divorce court can end your marriage, it must decide how to divide your assets. Illinois has specific laws governing how property is divided in a divorce that you should know, so keep reading to learn more. If you have questions about your divorce, you should speak to our [Skokie divorce lawyers](https://familylawadvocate.com/divorce/) today for legal advice.

## What Are Community Property Laws?

In [states with a community property law](https://www.experian.com/blogs/ask-experian/what-is-community-property-state/), all assets that either person acquires during the union are assumed to belong to both. This is regardless of whose name is on the property or asset title, how they bought the assets, or which person made the money to make the acquisition. However, there are several exceptions to community property rules to understand. In most cases, these assets are not considered community property:

- A gift that one spouse made to another.
- Proceeds that you received from a many personal injury lawsuits.
- An inheritance from your family in your name.
- Assets that you had [before you were married](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm).

## Illinois Is Not A Community Property State

Illinois is not a community property state. Rather, it is an equitable property state, meaning that the judge will divide property based on what they think is fair and equitable. Many things will be considered to make these critical decisions, such as each person’s income, earning ability, and overall contributions when married.

Because Illinois is an [equitable division](https://www.justia.com/family/divorce/docs/equitable-distribution-faq/) state, it is essential to establish what is and is not marital property. So, the first step with the help of your divorce attorney is to identify all marital property, which includes all assets that either spouse acquired when they were married (with some exceptions, such as above). Once the divorce court has determined what is marital property, the court will consider several things before making property division decisions:

- What each spouse contributed to the assets being acquired.
- Whether either person dissipated marital assets before or during the divorce.
- The value of the non-marital property of each person.
- How long you were married.
- The financial situation of each person.
- Any financial obligations either have from previous marriages.
- Each person’s health and age.
- Who will take care of the children, if any.
- Each person’s ability to obtain capital in the future.

## Who Gets The House In The Divorce?

The court will decide about the primary residence based on the abovementioned factors. However, for many parties, the family home is the most valuable piece of property. Equity in a house cannot be divided without selling the asset, so the court’s options in this regard can be limited.

There is a potential solution if either party has the assets to buy out the other party. For instance, if you receive the family home, the other party could receive retirement account funds, cars, or other real estate. Or, you can decide to sell the home and split the proceeds.

## Speak To Our Skokie Divorce Lawyer Today

Dividing marital property during an Illinois divorce is complicated, and it is essential to identify the non-marital property to have the best resolution to your case. Please [contact our Skokie divorce lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC today at (312) 360-0250 for legal assistance.

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**Tags:** community property

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### [How Is Child Custody Impacted By Military Relocations?](https://familylawadvocate.com/how-is-child-custody-impacted-by-military-relocations/)

**Published:** July 17, 2023
**Author:** familylawadvocate

**Content:**

If you are going through a divorce and have children, child custody is sometimes one of the most challenging matters to agree on. When you are in the military and need to relocate, it is understandable to wonder how the move will affect custody issues. If you are in the military and have questions about child custody, speak to our [child custody attorney in Skokie](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC for legal advice.

## How Military Status Can Affect Child Custody

The fact that you are in the military should have no bearing on child custody. Most states, including Illinois, require that the child’s best interests dictate the custody agreement. But it is understandable if you worry about the possibility of frequent relocation and even deployment to affect your ability to have custody. Again, this is understandable, but as noted below, having a comprehensive custody agreement and parenting plan to deal with these potential issues will help.

## Possible Issues With Relocating Children After A Divorce

If you are in the military and [need to relocate with your child](https://arcrelocation.com/military-relocation-child-custody/#:~:text=The%20court%20can%20take%20away,military%20parent%20is%20deployed%20overseas.) after the divorce, it is helpful if the custody agreement provides steps in case of military relocation. If it does not, both parties can return to court and modify the child custody order. However, there are situations where a military member relocating or deploying can affect the child custody agreement.

If the military parent needs to relocate for more than 20 weeks, it may be termed a permanent change of station. Some issues that can occur with child custody and military relocation are:

- Many states have provisions that moving the child will be in their best interests.
- The court’s decision is based on the state’s laws where the military member wants to move the child.
- A state could prohibit the relocation of the child if it is not in their best interests.
- Child custody agreements are dictated by the state and not federal laws.

## The Importance Of The Child Custody Agreement

The child custody agreement is always crucial in a divorce, but it may need additional provisions if one or both parents are in the military and need to relocate. All military parents going through a divorce should consider how relocation or deployment can affect their custody agreement. For example, a military member can be sent overseas or to another state with minimal notice.

Usually, a parent cannot relocate the child to another state without violating the agreement. But military parents are frequently aware of the chance they can be relocated, so it is wise to have special provisions in the child custody agreement to address this possibility. If you are a military parent, you should talk to your child custody attorney in Skokie about how to craft the custody agreement with this in mind.

## Talk To Our Child Custody Attorney In Skokie

Child custody can be a contentious issue in any divorce, especially with military relocation. If you need assistance with child custody issues and are in the military, [contact our child custody attorney in Skokie](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, at (312) 360-0250.

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### [What Are Primary Custodial Parent Rights In Illinois?](https://familylawadvocate.com/what-are-primary-custodial-parent-rights-in-illinois/)

**Published:** June 27, 2023
**Author:** familylawadvocate

**Content:**

Illinois courts recognize both physical and legal custody, and the parent who wants primary custody needs to understand their rights and related matters. If you have questions, contact our [child custody attorneys in Chicago](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC, for legal assistance with child custody issues.

## Illinois Legal And Physical Custody Overview

The laws of this state distinguish between these types of custody. Legal custody means a parent has the right to make critical decisions about raising their child, including education, religious upbringing, and the ability to make significant medical decisions.

Physical custody means where the child primarily resides. The family court may decide on joint legal and physical custody for both parties. Or physical and legal custody can be given to one parent, giving that person primary custody. The family court judge makes these critical custody decisions based on the child’s best interests.

The state’s custody laws do not presume that joint custody is in the child’s best interests. Judges usually attempt to give each parent as much involvement in their child’s life as is practical. However, if you or your ex engaged in domestic violence, there is a good chance they will award primary custody to one party. The judge will also attempt to provide each parent with as much parenting time as possible.

## More About The Primary Custodial Parent

The primary custodial parent refers to the parent with physical custody of the child most of the time. This parent’s rights as the primary provider to the child include giving the child their primary residence and making daily decisions about the child’s everyday life and upbringing.

The primary custodial parent also may have more rights regarding the authority to make significant decisions for the child. For example, the primary custodial parent could make most decisions about their [child’s healthcare, general education, and religious education](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm), and these matters will be detailed in any final Allocation Judgment for Parental Responsibilities.

## How Does The Judge Determine The Child’s Best Interests?

Even if you and your ex agree on child custody, the family court judge must decide on the details of the custody arrangement that will be in the child’s best interests. Therefore, the focus on the child custody determination is not on which person is better. Instead, the custody decision is about what is in the child’s best interests, and these factors are considered, among others:

- The wishes of each parent
- The wishes of the child
- The quality of the child’s relationship with each parent
- The physical and mental health of the parents
- How well the child adjusts to the home, community, and school
- Whether there was physical violence or threat of such by either partner
- The willingness of each partner to maintain the child’s relationship with the other parent

## Talk To Our Child Custody Attorneys In Chicago Today

If you have children and are going through a divorce, child custody can be a significant issue between the parents. When this matter becomes contentious, you need an attorney fighting for you. [Contact our child custody attorneys in Chicago](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, today at (312) 360-0250.

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### [How Much Is A Divorce In Illinois?](https://familylawadvocate.com/how-much-is-a-divorce-in-illinois/)

**Published:** June 5, 2023
**Author:** familylawadvocate

**Content:**

Divorces are emotionally and financially costly. However, what they cost in dollars usually depends on the complexity of the case, marriage length, assets, etc. Learn more in this article about what divorces often cost in Illinois, and talk to our [Skokie divorce attorney](https://familylawadvocate.com/divorce/) if you need a case review.

## What Does A Divorce Cost?

Some experts say that Illinois divorces often cost between $10,000 and $15,000. These amounts include legal fees, filing fees, appraisals, and more. However, many divorces cost more or less; everything depends on how complicated and contentious the case is. For example, if child custody issues are involved, the cost can rise to $20,000 or more. When alimony is an issue, a typical/average divorce cost is $19,000.

Generally, the more you and your partner agree on significant divorce issues, the less expensive the divorce. For example, when people can amicably agree on asset division, alimony, and child custody, it is possible to keep legal expenses down. On the other hand, if both parties are going to war with each other and fighting over child custody and alimony, the divorce will probably be costly.

It is possible to reduce the cost of divorce when you do not hire an attorney. The least expensive way to get divorced is at the local courthouse. This will cost you a few hundred dollars in filing fees. Not using an attorney is only viable in the most straightforward and least contentious divorces.

However, many people benefit financially from hiring an attorney to handle their divorce. For example, if your spouse worked and you raised the children, your partner probably has better financial means than you do after the split. You could be entitled to alimony to get a job or obtain training and education for a certain period. If you do not use an attorney, you may not obtain the financial benefits you could have.

## Uncontested Divorces

If both parties agree about the divorce and asset division, you can have an uncontested divorce. This is an inexpensive divorce that can work in simple cases. Gordon & Perlut, LLC can help you as your attorney in an uncontested divorce and keep legal fees to a minimum.

Another possibility to keep divorce costs down is to try mediation. This is where the spouses work together outside of court to agree on the major divorce issues. Your attorney can advise you during the mediation process to help you address the major topics, including child support, custody, alimony, and property division. Mediation is less expensive than court litigation, and the spouses usually divide the cost.

## Talk To Our Skokie Divorce Attorney Today

Divorce can be expensive in Illinois, but hiring a skilled divorce attorney is the best way to have a favorable outcome on your case. While you may be reluctant to spend a lot on an attorney, it could be the best option to have the best financial and emotional outcome for your case. Also, hiring an attorney may ensure you receive more income and assets in the divorce, making it a good financial investment. [Contact our Skokie divorce attorney](https://familylawadvocate.com/contact-us/) today at Gordon & Perlut, LLC, at (312) 360-0250 for help with your divorce.

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### [Military Retirement Pay And Divorce In Illinois](https://familylawadvocate.com/military-retirement-pay-and-divorce-in-illinois/)

**Published:** May 5, 2023
**Author:** familylawadvocate

**Content:**

Divorce is never easy, but they may be additional complications if you are in the military or receiving military retirement pay. First, find out how divorce can affect your military retirement pay and related information below. Then, contact our [Illinois divorce attorneys](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC, if you have questions.

## How Property Is Divided In A Military Divorce

When property is divided in a divorce, and one or both spouses are in the military, the same rules apply to non-military spouses. But there is an exception. The [Uniformed Services Former Spouse Protection Act](https://www.military.com/benefits/military-legal-matters/uniformed-services-former-spouse-protection-overview.html) details how military retirement pay is divided in a divorce. In most cases, the former military spouse only gets part of the spouse’s military retirement pay. In addition, you must have been married for at least 10 years, and the spouse must have been on active duty during the marriage.

If the 10-year requirement is met, the military will send part of the member’s retirement pay to the spouse. If the 10-year rule is unmet, the military is not involved in the situation and will send full retirement pay to the military member.

Another issue is military benefits, such as Tricare insurance. The spouse may want this insurance to continue after the divorce, but for this to happen, the spouses must have been married for at least 20 years of the member’s time in the military.

## Child Custody In Military Divorces

Being an active military member makes it challenging for the person to be the primary parent after divorce. However, even though the military member is serving the nation, the court must consider the child’s best interests when setting up parenting time and decision-making. So, the active-duty member’s ability to have time for the child will be a significant factor when child custody is decided.

However, the person in the military will receive considerable flexibility from the court when requesting time with the children when they are not on active duty. The member must seek flexibility in the Allocation of Parenting Time and Parental Responsibility agreement to allow for time when they will give notice to the other party that they are on military leave. Therefore, they will use some of their parenting time for that leave.

## Child Support In Military Divorces

If you seek child support from someone in the military, the amount you get cannot be more than 60% of the person’s pay and allowances. The family court will review the same factors as in non-military divorces regarding child support.

## Where Should You File For Divorce?

A common issue for families with one or more spouses in the military is where to file for divorce. If you are in the military and are deployed, there are several options:

- File in the state where you lived for at least the last six months.
- File in the state where you pay state and federal taxes.
- Allow the other party to file where they live in the US.
- If you are stationed in the United States, file for divorce where you are stationed.

## Contact Our Illinois Divorce Attorneys

Military life can be difficult for families, and divorces are not uncommon. If you are considering divorce and have military retirement pay, you should speak to an attorney to ensure the best-case result. Our Illinois divorce attorneys at Gordon & Perlut, LLC, can help with your military retirement pay and divorce questions. [Contact our Illinois divorce lawyers](https://familylawadvocate.com/contact-us/) now at 312-360-0250.

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### [Does Paternity Have To Be Proven To Receive Child Support?](https://familylawadvocate.com/does-paternity-have-to-be-proven-to-receive-child-support/)

**Published:** May 2, 2023
**Author:** familylawadvocate

**Content:**

When attempting to secure child support payments, what is required? [Proving paternity is necessary for receiving child support](https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx), and the [Skokie child support lawyers](https://familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC, can help with this critical issue.

## What Is Paternity?

Paternity is the legal proof that a man is the father of a child. If the mother was married or in a civil union when the child was born, Illinois courts presume that her husband is the person who is the father because he was married to the mother. In this case, the father’s name would be on the birth certificate, which is proof of paternity. Child support could now be ordered if appropriate, because paternity is not being questioned.

However, many children are born in Illinois where the parents are unmarried. When this is the case, paternity must be established before the court will order child support.

## How To Prove Paternity

If the mother and father were not married when the child was born, paternity is a question in the court’s mind. This means the father does not have to pay child support until paternity is proven. Proof of paternity can be a voluntary acknowledgment by the father or a DNA test.

### By Consent

The first way is by consent with a Voluntary Acknowledgement of Paternity (VAP) document. This is signed by the parents at the hospital or later at a local state health department. The paternity affidavit is a legal document stating that the man signing it recognizes he is the child’s father. The affidavit may be filed with the court, and the judge can sign it. After paternity has been established by consent, the mother may file a petition in court asking for child support.

If the man, allegedly the father, signed the affidavit, he has 60 days to change his mind and ask for a DNA test. If the alleged father wants to cancel the affidavit after 60 days, he must prove to the court that he was coerced or tricked into signing it.

### By Paternity Order

The mother may enter an Administrative Paternity Order if she wants child support payments from the father. Both parents must support their children in Illinois whether they are married or not. When the father agrees to a DNA test and proves paternity, he is entered as the child’s father in the Illinois child support services database.

### By Court Order

If the alleged father does not cooperate or is unavailable, the court can order an order of paternity as a response to the mother’s request. To obtain this order, you must file the petition with the family court, and evidence will be reviewed to determine who the father is. For example, the evidence might include whether the father is named on the birth certificate or DNA test results.

In some cases, the alleged father will not cooperate with a DNA test. If a test is conducted without the man’s knowledge, the test results cannot be admitted as evidence unless he has passed away. If you have difficulty proving paternity to receive child support, speak to an attorney immediately.

## Contact Our Skokie Child Support Lawyers Today

For a court to approve a child support request, paternity must be proven, and this can be difficult in some cases, but legal assistance is available. [Contact our Skokie child support lawyers at Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/). We can help to resolve your child support concerns in short order. Call our Skokie child support lawyers at 847-329-0101.

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**Tags:** paternity

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### [Why You Want To Be First To File Divorce](https://familylawadvocate.com/why-you-want-to-be-first-to-file-divorce/)

**Published:** April 25, 2023
**Author:** familylawadvocate

**Content:**

To end a marriage in Illinois, you must [file a divorce petition in the county where at least one of you resides](https://www.isba.org/public/guide/gettingadivorce). Therefore, it may be wise to be the first to file if it is time to end your marriage and get a divorce. Learn why below, then speak to our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC, if you need legal assistance.

## Why Does Being First To File Divorce Matter?

Ideally, both spouses would agree to end the marriage amicably in an [uncontested divorce](https://19thcircuitcourt.state.il.us/2130/Dissolution-of-MarriageDivorce#:~:text=You%20can%20file%20a%20Joint,your%20spouse%20BOTH%20attend%20court.). However, there are often complexities and emotional components in divorce that make that impossible.

If you and your spouse cannot agree to end the marriage amicably, one spouse must file a divorce petition with the family court. The spouse who files is termed the petitioner. The other party is called the respondent. When you are sure there is no possibility of reconciliation, being the first to file for divorce may offer advantages. They are:

### Control

If you file for divorce first, you may have more control over the pace of the case. For example, you began the divorce case when you chose, and your spouse must respond to the legal documents. Then, as your partner forms a response, you can plan the next steps.

Furthermore, being the spouse to file first means you can start the divorce proceedings when you are financially ready. Getting a divorce may become costly, and the person with more time could have a financial advantage. The spouse who is more financially prepared and can afford legal fees could have an edge in the ultimate divorce outcome.

### Time To Prepare

Filing for divorce first in Illinois gives you more time to prepare with your Chicago divorce attorney. You will have more time to devise the best strategy and can gather financial documents, property records, text, emails, etc.

### Request Temporary Orders

The spouse who files for divorce can request temporary orders from the court before telling the other person about the divorce filing. The temporary orders could limit what the spouses can do with marital assets or protect one partner from the other. Temporary child custody and spousal support also can be awarded temporary orders.

## Are There Disadvantages To Filing For Divorce First?

While there are many advantages to filing first, there are downsides. First, by presenting your case first, you have to show your arguments to the other side. When you file the paperwork, you must state what you want, and your spouse can respond to it.

You also must pay for the divorce petition to be delivered to your spouse. The cost to serve the person with divorce papers is usually around $100. However, the potential advantages of filing for divorce usually outweigh any cost increases.

## Contact Our Chicago Divorce Lawyers Today

If you file for divorce first, you also will have more time to select a Chicago divorce lawyer. Having the best attorney for your divorce can make a huge difference in the results of your case. The Chicago divorce lawyers at Gordon & Perlut, LLC, can help you, so [contact ](https://familylawadvocate.com/contact-us/)[our family law firm](https://familylawadvocate.com/contact-us/) today at 312-360-0250 to review your case.

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### [What Do Women's Divorce Lawyers Focus On?](https://familylawadvocate.com/what-do-womens-divorce-lawyers-focus-on/)

**Published:** April 17, 2023
**Author:** familylawadvocate

**Content:**

When a woman gets divorced, she may feel overwhelmed and frightened about the future, especially if the other spouse is the primary breadwinner. How will you cope with finances in the future with the loss of income? Concerns about children’s welfare also are at the top of mind. If you have these questions, the [womens’ divorce lawyers in Skokie](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-women/) at Gordon & Perlut, LLC, can help today.

## Economic Outcomes

The media might make you think that divorce settlements usually favor women. However, the reality is that many women are worse off financially after a divorce than men are. Child support and alimony may be insufficient to compensate for the difference in earning power between you and your ex. Men tend to have longer and more stable careers with fewer employment gaps, so they often can recover from divorce more quickly.

This disparity in divorce outcomes between men and women is well documented. For example, a study in 1996 showed that women experienced a [27% decline in their standard of living](https://www.jstor.org/stable/2096363) after divorce, but men saw a 10% increase in their living standards.

## Child Custody

Child custody is usually a big part of many divorces. Women often take custody of the children after a divorce, and many courts will grant it without asking many questions unless the other party fights for custody. So it sounds as if this area of divorce favors women, but winning child custody often comes with serious challenges.

As all parents know, children cost a lot. Women get child support when they take custody of the kids, but that amount may not cover all expenses. Women often end up with expenses that are unshared, such as school activities and supplies. Also, the women with custody of the children could lose income because it is harder to work when raising children alone. This area is something that a women’s divorce attorney understands.

## Hidden Assets

A man may have assets that are undisclosed to the spouse. This may mean you receive less money and property than you should in the divorce. On the other hand, your spouse could own assets worth more than you think, even if you are aware of them. A women’s divorce attorney knows the assets to look for and how to value them.

Assessing assets that are marital property also is an important focus. For example, if you and your spouse dispute what the house is worth, there may be tens of thousands of dollars at stake. Having the property assessed by a third party can resolve and settle this dispute faster.

## Homemaker’s Contribution To The Marriage

If you were a stay-at-home parent, your homemaker’s contributions to the marriage must be fully valued when dividing marital property. A women’s divorce attorney will ensure that your homemaker contributions are considered fully.

## Contact Our Divorce Lawyers In Skokie Now

If you are considering a divorce, we understand you may be unsure how to move forward and may have many questions. Our divorce attorneys understand and can help whether the divorce is contested or uncontested. Also, if you specifically seek a women’s divorce attorney, we can assist you. Please [contact our divorce lawyers in Skokie](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC for legal assistance at 847-329-0101.

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### [What You Need To Know About Divorce In Chicago](https://familylawadvocate.com/what-you-need-to-know-about-divorce-in-chicago/)

**Published:** April 10, 2023
**Author:** familylawadvocate

**Content:**

Divorce is never easy, but it helps to ease your mind if you understand the process. If you are considering divorce in Chicago or the Chicagoland area, you should be familiar with [Illinois divorce laws](https://www.isba.org/public/guide/gettingadivorce#:~:text=Before%20a%20judge%20will%20grant,irretrievable%20breakdown”%20of%20a%20marriage.). Learn about Illinois divorce laws below, then contact our [divorce lawyers in Chicago](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC if you need assistance with your case.

## Illinois Residency Requirements For Divorce

Most people understand there are residency requirements to get married in a state. But there also are residency requirements for divorce. For example, in Illinois, one of the spouses must have lived in the state for at least 90 days before filing for divorce.

The residency requirement prevents a person from moving from state to state to find a divorce judge who will view their case more favorably. The Illinois residency requirement also prevents a spouse from filing for divorce in a remote location to make it harder for the other person.

## Illinois Divorce Grounds

Illinois has a no-fault rule for divorce. This means the family court does not require a spouse to prove the other did something bad that caused the breakup. A no-fault divorce can be beneficial because spouses do not need to argue about what caused the divorce. Also, you do not need the other party’s consent in a no-fault divorce to end the marriage. The Illinois court will grant your divorce when either of these conditions is met:

- It determines that irreconcilable differences caused the marriage to break down, and there is no hope the marriage can be saved.
- Both parties live apart and separately for at least six months before the divorce is finalized.

## How To Get Divorced In Chicago

Illinois has uncontested and contested divorces. An uncontested divorce is where the spouses agree on all major divorce issues, such as property division, child custody, and support issues (child support and maintenance (alimony)). On the other hand, a contested divorce is where the parties cannot agree and must have the family court decide the contentious issues for them.

An uncontested divorce is usually the best option because they are less expensive and faster than contested ones, although this is not always possible. In addition, because there is no fighting in court with attorneys on both sides, the divorce takes less time and can cost thousands less.

## Property Division In Illinois Divorces

Illinois has an equitable property division rule for divorces, which means the court divides marital property and debt fairly. But this does not necessarily mean 50/50.

The judge first decides if the property is marital or non-marital. The judge will assume that all property acquired after the couple was married is marital property, although this is rebuttable. So, it is up to you to prove that something is not marital property. Some factors the judge will consider when dividing property is:

The contributions each party made in purchasing the property

- The contributions each party made in purchasing the property
- The property value assigned to each party
- How long the marriage was
- Any prenuptial agreements in effect
- Each party’s health, skills, age, and occupation
- Each party’s financial prospects
- Whether one of the spouses will receive alimony

## Contact Our Divorce Lawyers In Chicago Today

If you are considering a divorce in Chicago or the Chicagoland area, it is one of the most challenging times of your life. However, handling your divorce by a skilled, experienced divorce attorney can relieve some of the stress. [Contact our divorce lawyers in Chicago](https://familylawadvocate.com/contact-us/) today at 312-360-0250 at Gordon & Perlut, LLC, for a complimentary consultation.

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### [Can Drug Use Impact Illinois Child Custody Decisions?](https://familylawadvocate.com/can-drug-use-impact-illinois-child-custody-decisions/)

**Published:** April 3, 2023
**Author:** familylawadvocate

**Content:**

When a child’s parents are divorced, the family court will try to arrange a resolution where both parents have substantial parenting time and a role in significant decision-making involving the children.

However, the court always considers the child’s best interests first. In cases where parental behavior could be a risk to the child, the court may restrict parental responsibilities. This can happen if a parent has a substance abuse problem. If you need help with parental visitation and have a substance abuse issue, talk to our [Skokie child custody attorneys](https://familylawadvocate.com/divorce/visitation/) at Gordon & Perlut.

## Parental Responsibilities Limited Because Of Drug Use

Alcohol and drug abuse, including cannabis use, can affect your ability to perform your parental responsibilities. Using these substances also can lead to harm to the child. Under state law, the court may restrict parenting time and the ability to make parental decisions if there is substantial evidence that the parent puts the child at risk. Being at risk means affecting their physical, mental, or moral health.

The court may require the parent to stop using or possessing the drug before and during their time with the child. You also may be ordered to attend an alcohol or drug abuse treatment program to continue to be a part of your child’s life. Other restrictions also can be put into place, such as:

- An order that a responsible party supervises parenting time for the one with the drug problem. This person can be a family member or from the Illinois Department of Children and Family Services.
- A restriction on having other people present when you are with the child, such as those who enable your substance abuse problem.
- Reducing or eliminating your parenting time and the ability to make decisions for your child.

If you develop a substance abuse problem after the parenting agreement is set up, it can be modified to restrict your visitation and parental responsibilities. Also, you can petition the family court to remove restrictions if you can show you are not a risk to your child.

## The New Illinois Marijuana Law

Restrictions have been removed on [recreational marijuana use in Illinois](https://www.chicago.gov/city/en/sites/cannabis-information-center/home/social-consumption.html#:~:text=Pursuant%20to%20state%20law%2C%20adults,discretion%20of%20the%20property%20owner.) recently. However, note that marijuana use can be considered an adverse factor in child custody issues if your actions related to marijuana use create a danger to a child’s safety.

This is somewhat vague, and there is much room for interpretation. For example, the judge could decide that your marijuana use harms the child if you leave the child unsupervised or miss a doctor’s appointment. Therefore, even if your marijuana use is legal in Illinois, always keep your child’s welfare in mind, and remember that your parental rights could be restricted if your cannabis use is not carefully controlled.

## Contact Our Skokie Child Support Attorneys

If you are in a child custody dispute in Illinois and have questions about how substance abuse could affect your parental responsibilities, you should talk to an attorney. [Contact our Skokie child support attorneys](https://familylawadvocate.com/contact-us/) today at 312-360-0250 at Gordon & Perlut, LLC for a complimentary consultation.

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### [What Can I Do If My Ex Keeps Denying Visitation?](https://familylawadvocate.com/what-can-i-do-if-my-ex-keeps-denying-visitation/)

**Published:** March 20, 2023
**Author:** familylawadvocate

**Content:**

You need to maintain a strong relationship with your children after divorce. However, sometimes a parent will not allow the other visitation rights in violation of the child custody order. If this happens to you, you have a right to the parenting time and visitation schedule outlined by the judge. Speak to our [child custody lawyers in Cook County](https://familylawadvocate.com/divorce/visitation/) at Gordon & Perlut, LLC for assistance.

## The Child Custody Order After Divorce

When you file for divorce, the court issues a [child custody order](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2497&ChapterID=59) (now known as an Allocation of Parental Responsibilities Judgment) determining custody for each parent. It also will detail each person’s responsibilities and visitation rights. But one of the spouses may decide to ‘get back’ at the other person by withholding visitation rights. Or, they may think the other person is bad for the kids. Whatever the reason, if visitation rights were granted to you in the child custody order / Allocation Judgment, and they are being denied, you can take action.

## What You Should Do When You Are Denied Visitation Rights

You have a right to visit your children. Here is what you should do:

## Document Everything

Maintain a written record of every time your ex does not allow visitation according to the schedule. Buy a calendar to mark the missed visits by day. Or mark the missed days on your cell phone calendar. Also, keep all electronic records of when you tried to communicate with your ex-partner regarding visitation. For example, if you texted your ex-wife five times on a visitation day and she did not respond, keep those records for the judge.

## Attempt A Resolution

It is best to resolve the matter between you without involving the courts. For example, if your ex missed two visitations last month, talk to her to see if you can make them up. However, if your ex regularly misses scheduled visits, try mediation. Mediation is where a neutral third party helps the parents work things out before court.

## Get Your Lawyer To Send A Letter

If your ex does not make up the missed time, you can ask your Cook County child custody lawyer to send a letter. It can inform the parent that you will take legal action if you are denied your parenting time according to the visitation schedule.

## Go Back To Court

If you fail in your efforts above, you may need to file a [motion for contempt](https://www.law.cornell.edu/cfr/text/24/180.540) with the court. This will allow you to have the Judge enforce its own Order and require the other party to obey the child custody order. If they ignore it, they will be held in contempt of court. In addition, they may be forced to pay your legal fees.

Following these steps is the best chance to deal with child visitation issues. It is not recommended to call the police if you are denied visiting your kids. This will usually make the situation worse, not better. Instead, taking the actions mentioned in this article will help you resolve the issue.

## Speak To Our Child Custody Lawyers In Cook County Now

Are you having difficulty seeing your kids because your ex is denying visitation? If this violates the divorce or parenting decree, you should take legal action immediately. You have a legal right to see your children. First, however, you need a lawyer ready to fight for your rights. [Talk to our child custody lawyers in Cook County](https://familylawadvocate.com/contact-us/) at 312-360-0250 at Gordon & Perlut, LLC today for more information.

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### [What Does Equitable Property Division Mean?](https://familylawadvocate.com/what-does-equitable-property-division-mean/)

**Published:** March 13, 2023
**Author:** familylawadvocate

**Content:**

The [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086) allows courts to divide marital property ‘equitably’ during a divorce. If you plan to divorce, it is critical to understand what ‘equitable property division’ means and which assets need to be divided. If you have questions after reading this article, our Cook and [DuPage County property division attorneys](https://familylawadvocate.com/divorce/property-division/) at Gordon & Perlut, LLC can assist you.

## Equitable Property Division Definition

States have different ways of deciding how property is divided during a divorce. In “community property” states, marital assets are split 50/50. Illinois is not a community property state.

Illinois is an equitable distribution state. This means the divorce court decides how property is divided based on what is ‘equitable,’ depending on the circumstances. This means property might be divided 50/50, 60/40, 75/25, or another way.

## What Do Judges Consider What Is Equitable Property Division?

Judges have considerable discretion in Illinois to determine what ‘equitable’ means. But they mainly consider the same factors when they render their decision. Judges will typically look at these factors:

- Each party’s age
- Health
- Education Level
- Potential ability to earn income after divorce
- How long the marriage was
- How much pre-marital property each person owns
- Contributions each person made to the marital estate

The judge can consider any or all of the above factors when making property division decisions. However, it cannot consider marital conduct (fault), including domestic violence or adultery, when deciding what ‘equitable’ means. Illinois is a no-fault state for divorce, so who did what to whom during the marriage cannot be considered for property division purposes.

Judges have plenty of latitude to decide what is “equitable”. However, there are general patterns that many judges adhere to. For example, the longer you were married, the more likely the judge may deviate from the 50/50 property division standard, if warranted by the facts. Many marriages that lasted only a few years have 50/50 property division. In marriages that last longer, the judge may provide more property to the spouse who earns less money.

Suppose you were married for 20 years and stayed home with the kids. Your spouse is a CEO at a large corporation in Chicago. She earned most of the income; you raised the kids and home-schooled them. There is a high probability the judge will award more marital property to you because your spouse has a high income, and better job prospects than you do at the moment.

You also could receive alimony payments for a time. The judge also has considerable discretion on this matter, too. The court may rule that you should receive more spousal support while you get training for re-entering the job market.

## The Dissipation Exception

If your spouse ran up the credit cards when you filed for divorce, this can be addressed in the divorce decree. This is known as [dissipation](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000). Your spouse may be ordered to reimburse you for some of those funds.

## Speak To Our Equitable Property Division Attorneys Today

If you are going through a divorce, your legal rights must be fully represented to ensure you receive a fair share of the marital property. [Talk to our Cook and DuPage County property division attorneys](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC today for assistance.

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### [Things You Can Do To Make Your Divorce Easier](https://familylawadvocate.com/things-you-can-do-to-make-your-divorce-easier/)

**Published:** March 6, 2023
**Author:** familylawadvocate

**Content:**

Divorce is a challenging experience in the best cases. But there are steps you can take to make your divorce easier. Learn more about this topic below, then contact our [divorce lawyers in Skokie](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC, if you need legal assistance.

## Do Not Threaten Divorce

Unsurprisingly, some spouses get frustrated and [threaten their partners with divorce](https://www.healthline.com/health/parenting/guide-to-a-healthy-divorce). However, shouting that you will divorce him (or her) will not help the situation. While it is difficult, it is best to approach the divorce in the best possible manner without threats and nastiness. If your spouse gets upset with you and makes threats, try not to engage with them.

## Remember You Control You

Also, keep in mind that you control your emotions during the divorce. Your spouse may scream, yell, cry, or act out emotionally. But that does not mean you need to do so. If your partner says terrible things to you, it is unhelpful to insult him back. Getting overly emotional will only make the process more challenging. Maintain your emotional control.

Divorce is one of the most traumatic times in people’s lives, and do not let how your spouse behaves determine how you will. When you are as emotionally balanced as possible, the divorce experience is easier. Of course, you should cry and grieve privately as you need to, but being on an even keel when dealing with your ex is the best course.

## Emotional Closure Takes Time

Divorce’s legalities can take between weeks and months in most situations. But do not expect emotional closure on the divorce when the papers are signed. Most people find it takes much longer than the length of the divorce process to move beyond the breakup.

It is okay and expected to be upset about the divorce. Allow yourself plenty of time to grieve the loss of the relationship. It is strongly advised not to date other people after the divorce. While being alone is one of the most complex parts of going through a divorce, few divorcees are ready for another relationship.

A common problem is someone who just got divorced jumps into a relationship too soon. The new person might give them company and emotional satisfaction for a time. But most of us need time to figure out who we are and let the emotional closure happen in the previous relationship.

## Hire An Experienced Chicago and Skokie Divorce Attorney

You can make the divorce easier on you by hiring an experienced Chicago and Skokie divorce attorney. [It is essential to have a family law lawyer](https://www.forbes.com/sites/heatherlocus/2018/06/01/5-crucial-steps-to-make-your-divorce-less-painful/?sh=f2296b9612d3) who is familiar with Illinois divorce law. Your attorney has been through the legal aspects of divorce and will be an invaluable legal resource. In addition, there will be financial and tax issues to address.

## Contact Our Divorce Lawyers In Skokie For Assistance

If you are going through a divorce, this is a difficult time. However, you can make the divorce process more manageable by taking the steps mentioned in this article. It also will help the divorce process if an experienced divorce attorney represents you. [Contact our divorce lawyers in Skokie](https://familylawadvocate.com/contact-us/) at  Gordon & Perlut, LLC for legal help at (312) 360-0250.

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### [Are Both Parents Responsible For College Expenses?](https://familylawadvocate.com/are-both-parents-responsible-for-college-expenses/)

**Published:** February 28, 2023
**Author:** familylawadvocate

**Content:**

When people get divorced in Illinois, they are often surprised to discover the law requires both parents to contribute to their child’s college expenses. This obligation is covered in [Section 513 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513#:~:text=Sec.,any%20child%20of%20the%20parties.). However, married parents are not required to provide for their children’s college education.

This is a crucial point to remember if you are considering divorce. If you have questions about divorce and college expense obligations, talk to our [Skokie child support attorneys](https://familylawadvocate.com/divorce/child-support/) today.

## Who Is Covered In Section 513?

The statute applies to children of divorced parents who are over 18. Also, children who are adults who would not usually receive child support or medical expenses could qualify for support if they cannot care for themselves or have special needs. The law states that both parents can be required to pay for undergraduate college and living expenses when the child is in school, capped at the in-state tuition for the University of Illinois.

Further, the law states that both parents and the child must pay for the child’s educational expenses after secondary school. Also, neither parent is required to pay for educational costs after the child’s 23rd birthday. However, the family court can modify this rule and push the deadline to pay for college expenses to age 25.

## How Do Courts Decide How Much Parents Should Pay For College?

The family court will consider each parent’s income, assets, and assets that the child holds to decide how much each parent should pay for college costs. The family court also may consider the income and assets of new spouses.

When deciding the fair amount each parent should pay for the child’s college expenses, the court will look at the financial resources of each parent. It also will look at the property and money the parent has access to, including what is available through the new spouse.

The court will not force the new spouse to cover education expenses for the child. Instead, the court can consider the effect of the new spouse’s assets and income on lowering the expenses of the parent, who must pay for college expenses. This is addressed when the parent lowers their income when they marry a wealthier person. In this situation, the new spouse may cover their living expenses but cannot pay for college.

Some college expenses that divorced parents may need include tuition and fees, housing costs, medical costs, and dental insurance. Parents also may be required to pay for five college applications, two college entrance exams, and an exam prep course.

## Contact Our Skokie Child Support Attorneys Now

Many parents do not know after a divorce in Illinois that they must cover their child’s college expenses. Our Skokie child support attorneys can help you address concerns in this area.

We are pleased to represent clients in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact Gordon & Perlut, LLC at (312) 360-0250 for questions about college expense obligations after divorce.

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**Tags:** college expenses

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### [What Rights And Responsibilities Do Primary Custodians Have?](https://familylawadvocate.com/what-rights-and-responsibilities-do-primary-custodians-have/)

**Published:** February 14, 2023
**Author:** familylawadvocate

**Content:**

Child custody is one of the most important issues to decide in divorce. You are the primary custodial parent if the children live primarily with you. What does this mean, and what are your rights and responsibilities? Learn more below and contact our [child custody lawyers in Skokie and Illinois](https://familylawadvocate.com/divorce/child-custody/) if you have questions about child custody.

## Primary Custody Of Children

If you are the [primary custodian of your children](https://www.verywellfamily.com/legal-custodial-parent-responsibilities-2997295) after a divorce, it means the children live with you in your home the majority of the time. Being the primary custodial parent means shouldering a lot of responsibility. These include taking primary responsibility for your children’s emotional and physical needs.

You also will need to make significant life decisions for them regarding healthcare, education, religious upbringing, and more. Depending upon your Judgment for Allocation For Parental Responsibilities, this may mean you share decisions with the parent or you may make them unilaterally.

While being the primary custodian means having many responsibilities, there also are many benefits. The most significant advantage is spending more time with your children. You also should receive child support payment from your ex-spouse.

Additional responsibilities of the primary custodian of the children are:

- Sticking to a visitation schedule with your ex.
- Tracking your child support payments to ensure the child’s needs are met.
- Staying in regular communication with the other parent (except under special circumstances).
- Ensuring that the best interests of the child are always met.
- Telling the court and the other parent when taking the child out of Illinois, such as on vacation.
- Talking to the other parent about significant child care or medical expenses before incurring them.

## Custodial And Non-Custodial Parent Differences

There are many different custody arrangements. For example, you could have a “joint custody” agreement with the other parent. This means both parents have the same say in the decisions and responsibilities regarding how the child is raised.

When you have a joint custody agreement, each parent is highly involved in their children’s lives. If you “share” custody, that is a form of joint custody where the child has frequent contact and living arrangements with both parents, usually where each parent in this arrangement would usually have physical custody of the children half the time. So, for instance, the child could live with one parent Monday through Wednesday, the other parent Wednesday through Friday, and the parties rotating the weekends. This is one example.

## Contact Child Custody Lawyers In Skokie Today

If you are getting divorced, significant issues may arise regarding child custody. Our attorneys can help you obtain the desired child custody outcome you prefer.

Our Skokie child custody lawyers have extensive experience in these complex cases in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please [contact Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC at (312) 360-0250 for help with your child custody concerns.

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### [College Expenses and Divorce: Are Students from Divorced Homes Getting the Fairest Deal?](https://familylawadvocate.com/college-expenses-and-divorce-are-students-from-divorced-homes-getting-the-fairest-deal/)

**Published:** November 14, 2017
**Author:** familylawadvocate

**Content:**

**College Expenses and Divorce: Are Students from Divorced Homes Getting the Fairest Deal?**

By: M. Scott Gordon

In case you did not know, Illinois law ([750 ILCS 5/513](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)) can require parents to provide educational expenses for a non-minor child following a divorce. In other words, under Illinois law, child support obligations do not always end when a child reaches the age of majority.

According to an [article](https://www.insidehighered.com/news/2010/12/10/divorce) in *Inside Higher Ed*, statutes like this one do not always result in a student who comes from a divorced home to have parents that contribute equally to his or her [college expenses](https://familylawadvocate.com/articles/college-expenses/). While the statute does help to ensure that college students have some financial assistance from their parents after a divorce, studies suggest that college students with divorced parents end up paying more themselves than do students who come from intact homes.”

**What Does the Statute Require Divorced Parents to Pay?**

To be clear, divorced parents can be required to provide for reasonable college expenses up to the age of 23 or, in some cases, up to the age of 25. This “educational expenses” aspect of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does not mean that a parent can be asked to pay all college expenses no matter what the cost might be. Rather, the statute clarifies that the “court may require either or both parties to provide funds for the child so as to pay for the cost of up to 5 college applications, the cost of 2 standardized college entrance examinations, and the cost of one standardized college entrance examination preparatory course.”

In addition, divorced parents can be required to provide “the actual cost of the child’s post-secondary expenses, including tuition and fees, *provided that the cost for tuition and fees does not exceed the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year*,” along with medical expenses, reasonable housing expenses, and college books and supplies. Given that parents who are divorced and single tend to have less spending money than parents who are living together and sharing expenses, it may not come as a surprise that students from divorced homes tend to pay more of their own college expenses than students from intact households.

**Study Says Students with Divorced Parents “Pay Twice the Share of Their College Education”**

According to the article from *Inside Higher Ed*, a study addressing college expenses and divorce determined that “students from families with divorced or remarried parents pay twice the share of their college education as compared to their peers whose parents remain married to each other.” The results of that study, conducted by researchers at Rice University and Harvard University, were published in the *Journal of Family Issues***.**

Is the college expenses aspect of the IMDMA failing to make an impact? When teens with divorced parents decide to attend school in-state in Illinois, they may end up paying an amount themselves that is equal to their peers who have parents that remain married. However, when students go outside the state or attend private colleges and universities, the difference in expenses can be drastic. In these cases, students with divorced parents often have parents who are on tighter budgets and cannot afford to help with college. And even if their divorced parents have remarried, the authors of the study suggest that stepparents are less likely to provide for a stepchild’s educational expenses than a legal parent or guardian.

**Seek Advice from a Chicago College Expenses Lawyer**

If you have questions about divorce and college expenses, a [Chicago college expenses attorney](https://familylawadvocate.com/how-long-am-i-liable-for-childrens-college-expenses/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [For Fathers, How Likely Is Obtaining Custody?](https://familylawadvocate.com/fathers-child-custody-chicago/)

**Published:** August 25, 2015
**Author:** familylawadvocate

**Content:**

**For Fathers, How Likely Is Obtaining Custody?**

By M. Scott Gordon

Fathers are perceived to routinely get the short end of the stick in [custody battles](https://familylawadvocate.com/fathers-rights/ "custody battles"). However, the truth is somewhat different in this day and age – over time, the balance has become far more equal. Fathers have learned what courts look for when seeking to establish a custody arrangement, and it is always a good idea to understand the best approach to ensure you receive time with your children.

**The Historical Evolution of Custody**

In the past, physical custody was almost always awarded to the mother. Women were held to be better parents as a matter of anthropology, being cast as ‘nurturers’ while men were the family breadwinners. Over time, however, the statistics show that cultural mores changed. Studies in the recent five years show a nearly equal proportion of custody cases being settled in favor of the mother and the father. In some jurisdictions, custody has actually been awarded more often to the father for some time. Studies out of Massachusetts in the 1990s show that in 2,100 cases where fathers actively sought some form of custody, they were [successful 93% of the time](http://amptoons.com/blog/files/Massachusetts_Gender_Bias_Study.htm), with almost 30% of the cases ending in primary physical custody being given to the father.

In Illinois nowadays, courts generally presume that either the mother or [the father can be a successful custodial parent ](https://familylawadvocate.com/how-often-do-fathers-get-equal-custody-in-illinois/)unless there is clear evidence of abuse – in other words, there is no presumption toward either parent.

**Factors Considered In Family Court**

Illinois courts determine custody by considering a number of factors, and many of them are within a father’s ability to control. If you desire a good relationship with your children, you must take steps to assert your legal rights if you were not mentioned on their birth certificate. If this is the case, you must either register with the [Illinois Putative Father Registry](https://www.putativefather.org/index.aspx) or sign a Voluntary Acknowledgment of Paternity (VAP). Without having done either of those, you have essentially no legal rights to see your children.

It is always a good idea to be an active and involved parent, but it is especially imperative when faced with a custody battle, because the judge will consider the relationship a child has with both of his or her parents. If you have legal standing to contest custody, you must be able to show that you can provide an environment in which your child will thrive. Some of the factors that a family court judge will consider in determining custody are:

- The wishes of the respective parents;
- The wish of the child (if of an age to have a mature opinion);
- The status of the relationship between the parents (generally, the courts look more favorably on a parent who is willing to negotiate and engage with their spouse than one who is hostile and standoffish);
- The child’s state of mind and body in their current situation;
- The mental, emotional and physical health of everyone involved; and
- Many other factors.

A father who wants custody, or at the very least, a favorable arrangement, should be able to demonstrate their ability to give their children a high quality of life, and to work with their former spouse to iron out any problems.

**A Family Law Attorney Can Help**
Despite historical difficulty in obtaining custody, divorced dads can definitely get a favorable arrangement from the courts if they know how to approach the issue. The tenacious [Chicagoland fathers’ rights attorneys](https://familylawadvocate.com/) at Gordon & Perlut, LLC will work hard to help you increase your odds of winning custody or the best parenting agreement for you, for your former spouse, and most importantly, for your children. Contact our Chicago or Skokie offices today to discuss your options. We serve the entirety greater Chicago area.

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**Tags:** Child Custody Chicago, Child Custody in Chicago for Fathers, Fathers Rights

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### [Defending Your Rights as a Father in a Chicago Divorce](https://familylawadvocate.com/defending-fathers-rights-chicago/)

**Published:** August 7, 2015
**Author:** familylawadvocate

**Content:**

**Defending Your Rights as a Father in a Divorce**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Much is made these days over shifting parental roles and the increasingly shared burdens of child upbringing in a marriage. But while our society has made great strides in recent decades toward shared parenting responsibilities, many fathers still feel left out of the process. This is especially true in the context of a divorce or custody battle.

If you are a father who is going through a divorce or custody dispute, you need a skilled hand to defend your right to take a central role in the upbringing of your children. At the [Chicago family law firm](https://familylawadvocate.com/) of Gordon & Perlut, LLC, we defend the rights of fathers in a host of divorce and child custody cases. Read on to learn more the rights of a father in child custody proceedings.

**The History of Fathers and Child Custody**

Traditionally, fathers were rarely granted custody of their children in divorce proceedings. In fact, many states used to require that custody of children under five years of age be awarded to mothers. These rules have changed with shifting gender roles and stereotypes. Today, mothers and [fathers officially begin child custody proceedings on equal footing](https://familylawadvocate.com/how-often-do-fathers-get-equal-custody-in-illinois/).

These trends are [visible in the data](http://www.slate.com/articles/double_x/doublex/2014/05/men_s_rights_recognized_the_pro_father_evolution_of_divorce_and_paternity.html). According to one particularly thorough Wisconsin study, the percentage of cases where the mother was granted sole custody dropped from 60.4 to 45.7 percent from 1996 to 2007. That corresponds with a sharp increase in equal shared custody and even a rise in child support being granted to fathers.

**Steps to Take to Obtain Custody as a Father**

If you’re going through a divorce or [child custody](https://familylawadvocate.com/divorce/child-custody/ "Chicago Child Custody Lawyers") case and want to continue taking an active role in your children’s upbringing, what steps should you take? First, make sure that you are actively parenting *today*. Illinois courts look to one primary factor in awarding child custody: the best interests of a child. If they find that awarding sole custody to the mother would deprive a child of valuable time and input with an emotionally invested father, they are much less likely to take this step.

Here are a few more factors the courts use in awarding child custody:

- The emotional health of both parents;
- The wishes of the children themselves;
- Any history of domestic violence; and
- The relationship between the parents and their children.

In recent years, the concept of the “friendly parent” has emerged in family law circles. This idea holds that courts are much more likely to grant favorable custody rights to the parent who is open to shared parental responsibilities and a continued dialogue with the other parent. Parents who are unduly confrontational or resistant to shared responsibilities are increasingly looked upon unfavorably by the courts.

**Conclusions**

Overall, courts have gotten much better in recent years at taking a father’s rights into account in child custody proceedings. That said, stereotypes about gender roles can still impact a court’s decisions. To counteract these forces, it is important to demonstrate your suitability for child custody through your own actions. Simply put, being a good father will greatly increase the chances of a favorable outcome in your custody case.
At Gordon & Perlut, LLC, we skillfully guide fathers in Chicago, Skokie/North Shore, and throughout the surrounding Chicago areas through their child custody proceedings. To learn more about how we can help you, contact us today for a [free phone consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** Defending Fathers Rights Chicago

**Tags:** Divorce Attorney Chicago, Divorce Lawyer Chicago, Fathers Rights Lawyer Chicago

---

### [Chicago Child Support - 4 Ways Spouses Hide Money to Avoid Paying Support](https://familylawadvocate.com/chicago-child-support-avoiding-paying-support/)

**Published:** July 24, 2015
**Author:** familylawadvocate

**Content:**

**4 Ways Spouses Hide Money to Avoid Paying Child Support**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Concealing income for the purposes of avoiding [child support](https://familylawadvocate.com/divorce/child-support/ "child support") payments is all too common in Illinois family law. Chicago area parents will often plead financial hardship with the hopes of garnering a smaller court ordered monthly payment. In some cases, claimed hardship is fraudulent, with income diverted elsewhere until a case is concluded.

To protect the well being and financial security of your child, it is important to be aware of these possible fraudulent schemes. At [Gordon & Perlut, LLC](https://familylawadvocate.com/firm-overview/), we have years of experience helping Chicago area parents defend their right to fair and accurate[ child support](https://familylawadvocate.com/divorce/child-support/ "child support") payments. Read on to learn about four common ways parents will attempt to conceal income during a child support proceeding:

- **Deferred Commissions, Bonuses, and Other Income**

For many jobs, a regular salary represents a small portion of income. Instead, commissions and bonuses make up the lion’s share of payments. This is especially true for jobs in sales as well as entrepreneurial endeavors. Unfortunately, these jobs can make it much easier to conceal income until after a child support ruling is concluded. Working with your attorney, you will want to look for irregularities in the other parent’s income. If commissions and bonuses have suddenly decreased, it could be a sign that income is being hidden or deferred until later.

- **Hiding of Special Job Perks**

In addition to commissions and bonuses, many jobs come with special perks that when taken together, can add up into a significant income stream. These can include:

- Vacation time;
- Personal paid time off;
- Expense accounts;
- Club memberships;
- Free parking; and
- Car leases.

Though these perks can be significant, they are often ignored when a judge determines fair child support payments. Your attorney can help you ensure that all added job perks are being included in the other parent’s total reported income.

- **Misreporting Business Income**

Coming to a fair income figure is especially difficult in cases where a parent owns a share in a business. In these cases, income often comes as a share of the profit from the business. During the child support process, it can be especially easy for a business owner to make purchases and rack up expenses so as to show a reduced income. To help overcome this possibility, your attorney can help you survey average income in preceding months to show any irregularities.

- **Taking Cash Payments**

In certain professions, it may be possible for the other parent to take payments “under the table” and not report them to the authorities. This not only misrepresents income for the purposes of [child support](https://familylawadvocate.com/how-to-collect-child-support-when-your-ex-works-under-the-table/), but is also a criminal offense. If you suspect that the other parent is hiding income in this matter, it is important to speak to your attorney immediately.

**Contact a [Chicago Child Support Lawyer](https://familylawadvocate.com/divorce/child-support/ "Chicago child support lawyer")**

Fair and accurate child support payments are vital to the successful upbringing of your children. With matters as serious as this, it is necessary to secure help from an experienced and trusted child support lawyer.

- Scott Gordon & Associates can help. From our offices in Chicago and Skokie, we help parents in the area obtain the child support payments they need to raise their children. Contact us today to schedule a [free phone consultation](https://familylawadvocate.com/contact-us/).

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**Categories:** 4 Ways Spouses Hide Money to Avoid Paying Support, Child Support Chicago

**Tags:** Chicago Child Support Lawyer, Chicago parents conceal income during Child support proceedings, Concealing income for the purposes of avoiding child support

---

### [Older Adults and “Gray Divorce” - Chicago](https://familylawadvocate.com/graydivorcechicago/)

**Published:** December 18, 2014
**Author:** familylawadvocate

**Content:**

Older Adults and “Gray Divorce”

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "M. Scott Gordon")

**More Chicago Retirees Opting for Divorce**

Did you know that Americans over the age of 50 are actually twice as likely to[ get divorced](https://familylawadvocate.com/divorce/information/) as they were two decades ago?  According to a[ recent report](http://www.npr.org/2014/02/24/282105022/older-americans-breakups-are-causing-a-graying-divorce-trend) from *NPR*, older adults in the Chicago area and across the country are divorcing at rates that come as a surprise to many of us.  Indeed, about 25 percent of all people getting divorced are aged 50 and up.

According to Susan Brown, the co-director of the National Center for Family & Marriage Research at Bowling Green State University, about one-third of all members of the baby boomer generation will face their retirement years as divorcees.  Brown conducted a study she deemed “The Gray Revolution,” which undertook research about divorce rates among retirees and the elderly.  After living together as husband and wife for decades, why are retirees deciding to call it quits?

**Reasons for Divorce Among Older Adults**

Why are more Chicago-area residents[ choosing to divorce](https://familylawadvocate.com/divorce/information/) when they’re over the age of 50?  Looking at the numbers, some commentators initially suspected that the statistics skewed toward second marriages.  In short, some people believed that more people aged 50 and over were getting divorced more often than those who had been in long-term marriages.  However, Brown’s study found that a [majority of the couples divorcing aren’t in second marriages](https://familylawadvocate.com/getting-divorced-after-a-long-term-marriage-things-to-consider/) at all.

What are some [reasons for later-life divorces](https://familylawadvocate.com/what-is-the-most-common-reason-for-divorce/)?  According to Brown’s research, the following factors have come into play for older adults who make the decision to get a divorce:

- Women’s recent economic independence: over the past few decades, women have gained more economic independence and aren’t forced to choose between staying in an unhappy marriage or facing impoverishment.
- People are living longer: more retirees are experiencing better health and increased lifespans.  As a result, it doesn’t always make sense to spend the years of retirement in an unhappy marriage.  According to Brown, many of these retirees realize that they’re spending all of their time with a person with whom they’re in an unrewarding relationship and they realize, “hey, I could spend another 20, 25 years with this person.”
- Shifts in divorce stigma: while divorce used to be seen as a negative decision, more people have begun to recognize that divorce serves an important social purpose.  As such, fewer people feel uncomfortable about making the social decision to file for divorce.

**Financial Concerns with Gray Divorce**

While many older adults have made the decision to get divorced, it’s important to remember that divorce, particularly in retirement years, can have serious financial consequences.  According to a[ recent article](http://www.nytimes.com/2014/06/28/your-money/late-in-life-divorce-can-disrupt-retirement-plans.html?_r=0) in the *New York Times*, gray divorces can “sabotage retirement plans as assets are cut in half and expenses as a divorced single rise.”

When you’re living on money you’ve saved for retirement and you don’t have a lot of time to enhance your financial portfolio after a divorce, the decision to separate may not sound as appealing.  And in addition to living on a much smaller budget than imagined during years of employment, older spouses who file for divorce can also experience very contentious battles over marital assets.  Indeed, older spouses “bring fat pensions and defined-contribution plans to the table,” which can make for an “especially ugly” settlement battle.

**Speak with an Experienced Chicago Divorce Lawyer**

If you’re retired and are considering divorce, you should discuss your options with an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC.  Contact us today to learn more about the pros and cons of gray divorce.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce, Gray Divorce

**Tags:** Gray Divorce Chicago, Older Adults Divorce Chicago, Older Parents Divorce Chicago

---

### [How Is Support Calculated in Illinois?](https://familylawadvocate.com/how-support-calculated-illinois/)

**Published:** September 13, 2015
**Author:** familylawadvocate

**Content:**

**How Is Support Calculated in Illinois?**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you have children and you and your spouse decide to divorce, the question of support will come up during the court proceedings. Both [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/ "spousal maintenance") and [child support](https://familylawadvocate.com/divorce/child-support/ "child support") must be calculated using a combination of factors, which in turn require truthful accounting of your income and situation. The formulas for calculating both can be quite convoluted, however, and it is in your best interest to have an understanding of how it is done, lest you wind up on the proverbial hook for more than you should be.

**Spousal Support**

The law on spousal support, also referred to as maintenance, was recently changed with the passage of [Senate Bill 3231](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961 "Senate Bill 3231"), which took effect on January 1, 2015. While [child support must always be ordered if the parties have children](https://familylawadvocate.com/are-immigrants-entitled-to-child-support-in-illinois/), the question of maintenance is discretionary. The judge must take several factors into account in [deciding whether or not spousal support is appropriate](https://familylawadvocate.com/how-is-child-support-decided-when-there-are-multiple-mothers/), including the level of education of both parties, the employment level, and the issue of the standard of living established during the marriage.

Guidelines do exist in Illinois as to the levels of support that are appropriate. If the combined gross income of the couple is less than $250,000 and there is no alternate family obligation (in other words, if a spouse does not owe support to more than one ex-spouse), the court should use the legal guidelines, while if the couple’s gross income is higher, the guidelines do not necessarily need to be used. If they are used, the amount will be approximately 30% of the paying spouse’s gross income minus 20% of the receiving spouse’s income. Duration is determined by multiplying the amount of years the marriage lasted by the [applicable modifier](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8400000 "applicable modifier").

**Child Support**

Unlike maintenance, [child support](https://familylawadvocate.com/how-much-child-support-should-i-get-per-child/) is mandatory if the couple has children that list the parties as mother and father. It is calculated based not off the gross income, as spousal support is, but off the [paying parent’s net income](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildSupportInformation.aspx "paying parent’s net income"). Child support is also based around the basic needs of the child, such as food, shelter and clothing – extra expenses like after-school activities, travel and medical costs may be added on by the court after the fact.

The formula to determine child support is much simpler than that used for maintenance; it simply establishes a percentage of the paying parent’s net income that is due per child. For example, if a divorced parent has two children, they are obligated to pay 28% of their net income in child support. Once the amount has been established, the court then usually enters a Uniform Order of Support, which sets out the amount of support, as well as the payment schedule and the possible penalties for missed payments.

It is important to remember that even if you miss a child support payment, your visitation rights are unaffected. Some spouses try to threaten a loss of visitation rights if support payments are not made, but this is illegal under Illinois law.

**Contact A Support Attorney For Help**
The support formulas in use in Illinois can be quite complex. Having a good attorney on your side can make all the difference. The dedicated [Chicago support attorneys](https://familylawadvocate.com/ "Chicago support attorneys") at Gordon & Perlut, LLC have years of experience dealing with child support and spousal support issues, and we will put our knowledge to work getting you the optimal outcome for both you and your family. Contact our offices in Chicago or Skokie to set up an initial appointment. We serve the entirety of the greater Chicago area.

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**Categories:** How is Support Calculated in Illinois?

**Tags:** Child Support Chicago, Spousal Support Chicago, Support Calculated IL

---

### [When the Wealthy Divorce - High Net Worth Divorces in Chicago](https://familylawadvocate.com/whenthewealthydivorce/)

**Published:** December 30, 2014
**Author:** familylawadvocate

**Content:**

**When the Wealthy Divorce – High Net Worth Divorces in Chicago**

**By: M. Scott Gordon**

When wealthy Chicago area residents decide to[ divorce](https://familylawadvocate.com/divorce/information/), they face a number of complications that don’t typically accompany a middle-class divorce.  What’s so different about a high net worth divorce?  In short, when substantial assets are at play in a divorce, the tension can run high, and that animosity can move into other realms of the proceedings.  To be sure, contentious battles over property division can result in antagonistic debates over child custody and visitation in a[ high net worth divorce](https://familylawadvocate.com/divorce/information/).

When you’re dealing with a divorce, you’re already dealing with significant emotional stress.  An experienced[ Chicago high net worth divorce attorney](https://familylawadvocate.com/contact-us/) can answer your questions about managing wealth during divorce.

**Property Division and Substantial Wealth**

A divorce involving wealthy Chicago spouses can mean that property division becomes very complicated.  To be sure, high net worth divorces often involve marital assets that most middle-class couples don’t have to deal with when they file for divorce.  For instance, [high asset divorce proceedings](https://familylawadvocate.com/can-i-protect-my-401k-during-divorce-proceedings-in-illinois/) can include some of the following types of property:

- Multiple business interests;
- Multiple bank accounts;
- Investments, including stocks and trusts;
- Real estate holdings;
- Expensive property such as automobiles and yachts;
- Retirement accounts; and
- Overseas property holdings.

Keep in mind that Illinois courts divide marital property “equitably” during a divorce.  This doesn’t mean that the property will be divided equally, but rather that it will be divided in terms of what’s “fair”.  Having said that, high net worth individuals often have overlapping marital and non-marital property issues, which can be complicated to resolve.

**Don’t Make Mistakes in High Net Worth Divorces**

In high asset divorces, it’s extremely important to have an experienced Chicago  area divorce lawyer on your side.  In addition, wealthy couples need to attend to other considerations that likely won’t affect all divorcing couples.  According to a[ recent article](http://ireport.cnn.com/docs/DOC-1074216) from *CNN*, wealthy couples can avoid common mistakes during a high net worth divorce, including but not limited to some of the following:

- Don’t hide assets: in high asset divorces, spouses can think it’s a good idea to transfer valuable property to another person, like a child, friend, or business partner.  However, spouses should keep in mind that practices like these are not allowed.  If the court identifies a fraudulent transfer, serious consequences can ensue.
- Don’t forget about tax consequences: if you agree to retain certain assets or to pay a certain amount of alimony, it’s important to keep in mind how much money you’ll have *after* taxes.
- Don’t forget to account for all of your assets and liabilities: your financial inventory will need to account for each and every one of your marital assets and liabilities.  Failing to include one of these items can leave you with debts that you shouldn’t have in an equitable distribution or can prevent you from acquiring assets that should be yours.

**Contact an Experienced Chicago High Asset Divorce Lawyer**

When the wealthy divorce, property division and other family law issues can become extremely complicated.  Contact an experienced[ Chicago high asset divorce lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC today to talk about your case.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce, Wealthy Divorce

**Tags:** Divorce Chicago, High Net Worth Divorces in Chicago, When the Wealthy Divorce

---

### [Chicago Divorce Fault vs. No-Fault](https://familylawadvocate.com/chicagodivorcefaultvsnofault/)

**Published:** April 7, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Fault vs. No-Fault Divorce**

By: M. Scott Gordon

If you’re a Chicago resident and you’re thinking about[ filing for divorce](https://familylawadvocate.com/divorce/), you may have heard that Illinois’s statute retains options both for fault and[ no-fault divorce](https://familylawadvocate.com/divorce/). In recent years, a number of states have done away with divorce based on fault, and most [couples who dissolve their marriages](https://familylawadvocate.com/conversations-all-couples-should-have-before-marriage/) indicate that they have irreconcilable differences. In other words, spouses will claim one of the following when filing for divorce:

-      Fault of one of the spouses (fault-based divorce); or
-      Irreconcilable differences (no-fault divorce).

When one spouse is angry with the other, divorce proceedings often begin with an allegation of fault. However, in most cases, [spouses will end up with a no-fault divorce](https://familylawadvocate.com/signs-your-spouse-may-be-planning-a-divorce/). What are the differences between the two? And why might one spouse insist on a fault divorce or a no-fault divorce?

**Grounds for Fault in Illinois Divorce Cases**

Before we get into the pros and cons of the different types of divorce in our state, let’s take a look at the requirements for alleging fault. In general, Illinois law permits a fault divorce if one of the following conditions exists:

-      Impotence;
-      Bigamy;
-      Adultery;
-      Desertion or abandonment for one year;
-      Alcohol abuse for two years;
-      Attempted murder of the spouse;
-      Extreme and repeated mental cruelty;
-      Extreme and repeated physical cruelty;
-      Felony conviction; or
-      Infection of the spouse with a sexually transmitted disease.

Now, why would someone want to allege fault in a divorce instead of irreconcilable differences?

**Pros and Cons: Fault vs. No-Fault Divorce**

Fault-based divorce doesn’t have the same waiting period as no-fault divorce.

In order to be eligible for a no-fault divorce, spouses must live “separate and apart” for at least two years, or they must live separate and apart for at least six months and both agree to waive the 2 year requirement. However, Illinois courts want couples to repair their marriages if possible. As such, periods in which the spouses attempted reconciliation can still count toward the time requirement for living separate and apart. These questions can get very complicated, however, and it’s always important to speak with an experienced [Chicago divorce lawyer](https://familylawadvocate.com/what-to-look-for-in-a-top-rated-chicago-divorce-lawyer/) about your case.

For many couples, no-fault divorce is a better option simply because it means that problems in the marriage—including those that may be grounds for a fault-based divorce—won’t come out into the open. However, some [spouses may seek a fault-based divorce](https://familylawadvocate.com/signs-your-spouse-may-be-planning-a-divorce/) because it can allow for a faster dissolution of the marriage.

**Misconceptions About Fault-Based Divorce**

Some Chicagoans are under the misconception that one spouse’s fault can be taken into consideration when a court determines the amount of alimony or child support. This is not true. The Illinois statute simply does not permit a court to consider one spouse’s fault when making determinations about financial support for a spouse or the children. Likewise, fault doesn’t play a role in other financial aspects of the divorce, including property division.

When can fault be a factor in a judge’s decision? In some cases, depending on the specific acts of the spouse at fault, a court may factor that fault into a final decision about visitation and/or child custody.

If you are considering filing for divorce, you should discuss your case with an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/divorce/). An experienced family lawyer at the law offices of Gordon & Perlut, LLC can answer your questions about fault and no-fault divorce today.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Fault vs. No-Fault Divorce

**Tags:** Chicago Divorce, Chicago Divorce Fault vs. No-Fault

---

### [Modifying Your Child Support: When and How](https://familylawadvocate.com/modifying-child-support-when-how/)

**Published:** November 11, 2015
**Author:** familylawadvocate

**Content:**

**Modifying Your Child Support: When and How**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Paying [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") is a part of [getting divorced](https://familylawadvocate.com/divorce/ "getting Divorced") that eventually becomes constant, almost an afterthought. However, when a significant change occurs in your life or in the life of your children, it may become necessary to modify the amount or the payment schedule. You may not simply start paying less or more, or paying at different times, however – changes must be approved by the court, and there is a procedure to follow for doing so.

**Illinois’ Child Support Formula**

In recent years, the state of Illinois has modified [the formula they use](http://www.childsupportillinois.com/general/calculating.html "the formula they use") to calculate what constitutes appropriate child support. As it stands, the non-custodial parent must pay, if ordered, a certain percentage of their income to the custodial parent, as is fairly standard. However, most states have abandoned this formula in favor of what is referred to as an “income shares” model – where, essentially, the non-custodial parent takes on a greater role in the child’s life, along with that share of expenses, while the custodial parent handles the rest.

Calls to change to an [income shares model](http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx "income shares model") have gained traction, especially from non-custodial parents, who say that many times the percentage model simply does not work for their family situation. One parent may have a significantly higher or lower income than the other. Expenses may change or be an undue burden on a parent with other obligations. Child support laws have changed in 2015 with the modification of the [laws surrounding spousal maintenance](https://familylawadvocate.com/how-long-is-spousal-maintenance-paid-in-illinois/); it is now calculated after any maintenance questions are settled, rather than before. Still, for many, it is not enough.

**Making Modifications**

A major reason for a lack of change in the law is that Illinois lawmakers argue that modification of existing orders would be much less complex and time-consuming. Whether they are correct or not, it is still possible to make modifications to your child support order by following correct procedure.

In Illinois, a child support order may be modified after review, which may be asked for when there is a substantial change in circumstances. “Substantial change” can mean a number of things, such as a parent losing or gaining a job, passage of more than 2 years since the last Order, an older child emancipating, or the parent or child becoming disabled. You are required to provide evidence of this change in income or circumstances to show the court that the old amount is no longer workable; mere proof of the life change you experienced is not necessarily enough. In other words, the mere fact that you, for example, became disabled is not proof enough that you will not have enough money to pay child support.

**Contact A Skilled Attorney To Help**
A good lawyer can help set your mind at ease and assist in preparing your paperwork and advocating for you in court so it gives the best possible chance for your modification to be granted. The knowledgeable [Chicago child support attorneys](https://familylawadvocate.com/contact-us/ "Chicago child support attorneys") at Gordon & Perlut, LLC understand your concerns, having handled these matters for many years. Contact us today to discuss your options.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Modifying Child Support - When and How

**Tags:** Child Support Chicago, getting divorced, Modifying Child Support - When and How

---

### [Parenting Time Plans and Summer Vacation](https://familylawadvocate.com/parenting-time-plans-and-summer-vacation/)

**Published:** June 6, 2016
**Author:** familylawadvocate

**Content:**

**Parenting Time Plans and Summer Vacation**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

For many Chicago families, the end of the academic school year is right around the corner. As such, children and teens will be on summer break, which can be a complicated time for divorced parents. You might recall that, under the revised [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA), what we previously knew as “[visitation](https://familylawadvocate.com/divorce/visitation/)” is now described under the law as “[parenting time](https://familylawadvocate.com/divorce/visitation/).” The law specifies that “parenting time refers to “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” Typically, parenting time is agreed upon within a “parenting plan,” which is a written agreement to which both parents adhere.

But do parenting plans, with regard to allocating parenting time, grow complicated when school is out for summer? According to an [article](http://www.huffingtonpost.com/liz-mandarano/summer-vacation-and-child_b_1665820.html) in the *Huffington Post*, summer vacations often lead to turmoil between divorced parents, especially when one parent wants to alter previously agreed-upon parenting time in order to take the kids somewhere for a vacation, for example. What other obstacles do divorced parents face over the summer months when it comes to parenting time, and what can they do to help ensure that summer vacations go smoothly?

- **Plan Your Vacation Schedule Well in Advance**

If you want to take your child on a special vacation that is not accounted for in your current parenting time schedule, make sure to plan well in advance and to double-check with the child’s other parent. The two of you can agree to a vacation plan before you purchase any tickets or make any hotel reservations. And the key may be that you will need to compromise, too. If your former spouse wants to arrange for a vacation at another point or to spend [more time with the kids than is allotted in the parenting plan](https://familylawadvocate.com/how-parenting-time-is-allotted-in-illinois/), you should be flexible.

- **Communicate with Your Former Partner**

It can be extremely difficult to communicate with your child’s other parent, but it is especially important to keep lines of communication open when you want to be flexible about parenting time over the summer. Staying open to communication—no matter how difficult it might be—also means informing your former spouse about plans to take your child on a vacation that will disrupt the parenting time agreement that you are currently operating under. You should be aware that if you do not make clear what your plans are to your former spouse, your former spouse may attempt to alter the parenting plan in court based upon your actions.

- **Use a Mediator or Parenting Coordinator**

If you are having trouble resolving your summer schedule and want to work through issues of parenting time with your former spouse in a productive manner, you should consider using a mediator or parenting coordinator. It can be helpful to have “a neutral decision-maker” to respond to issues that you and the other child’s parent are facing. While private mediators can add to the costs of working through parenting time disagreements, it can be worth it.

- **Contact an Experienced Chicago Parenting Time Lawyer**

If you continue to have questions about addressing your parenting plan or cannot come to an agreement about parenting time, an experienced [family law attorney in the Chicago](https://familylawadvocate.com/contact-us/) area can help. [Contact M. Gordon & Associates](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Child Custody, Parenting Time and Summer Vacations

**Tags:** Parenting Agreement Summer Chicago, Parenting Plan Summer Chicago, Parenting Time Plan for Summer Vaction Chicago

---

### [Chicago Child Custody - Moving Children Out of Illinois](https://familylawadvocate.com/chicago-child-custody-moving-children/)

**Published:** May 18, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Child Custody – Moving Children Out of Illinois**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you are a parent planning to [move with your child beyond Illinois](https://familylawadvocate.com/divorce/children-removal-illinois/ "move with your child out of Illinois") state lines, but you have a custody agreement with the child’s other parent, there are some important rules to consider before you leave.

**Permanently Moving Out of State**

If you plan to leave the state on a permanent basis, to settle in another state or another country, you will need to obtain permission from a family law judge, even if the other parent agrees to your move. The only circumstance that would allow you to avoid going to court in order to get permission would be if you and the other parent signed an agreement allowing you to remove your child from the state during the divorce process. Marital settlement agreements often cover this possibility, in the interest of being as thorough and forward-thinking as possible. If a judge reviewed and ratified this agreement during your divorce proceedings, it will apply to your present plan to move out of state. If you are unsure on whether the terms of your agreement would cover your move now, seek advice from a [Chicago Child Custody lawyer.](https://familylawadvocate.com/divorce/child-custody/ "Chicago Child Custody Lawyer")

**Obtaining an Order of Removal from a Judge**

Getting[ permission to move with your child can be a complicated process](https://familylawadvocate.com/you-could-be-charged-with-a-felony-for-moving-children-out-of-state-without-permission/). Essentially, you must convince the judge that it is in the best interests of your child to travel or move with you. The judge will examine your child’s needs, the place where they can best be met, and whether there is an important reason underlying the move. If the judge finds that your proposed move will be harmful to the child, he or she will not allow it. In addition, if your divorce has not yet been finalized, it is not likely that the judge will agree to the move until the divorce is complete. On the other hand, some common reasons for a move that a family law judge might view as compelling include if your child is facing danger in your current place of residence, of if you have found a job in another state. For a complete list of specific issues the court will review, visit  [Illinois Child Removal.](https://familylawadvocate.com/divorce/children-removal-illinois/ "Illinois Child Removal")

Parents who have sole custody are not exempt from the requirement of obtaining permission from a judge. Judges presiding over cases involving one custodial and one non-custodial parent with visitation rights will still weigh all relevant factors in deciding whether to enter an Order of Removal. The courts generally endeavor to preserve the ability of both parents to maintain good relationships with their child.

**Contact a Custody Lawyer**

The process of obtaining permission to move with your child can be long, often taking many months from start to finish. If you are considering making a permanent move, a [family lawyer](https://familylawadvocate.com/family-law/) with knowledge of custody rules and procedures can help guide you through the process. [Gordon & Perlut, LLC](https://familylawadvocate.com/) have years of experience settling [custody cases](https://familylawadvocate.com/divorce/child-custody/); we can help you go to a judge for permission, and can help you apply for an Order of Removal. [Contact](https://familylawadvocate.com/contact-us/) our Chicago or Skokie office today for a consultation.

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**Categories:** Moving Children out of IL

**Tags:** Chicago Child Custody, Chicago child custody lawyer, Moving Children Out of Illinois

---

### [Chicago Child Custody and Out-of-State Relocation](https://familylawadvocate.com/childcustodyrelocation/)

**Published:** January 12, 2015
**Author:** familylawadvocate

**Content:**

**Child Custody and Out-of-State Relocation**

[**By M. Scott Gordon**](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Are you considering[ Divorce in Chicago](https://familylawadvocate.com/divorce/information/) and thinking about moving out of Illinois? How will the court look at your request to leave the state after you’ve[ filed for divorce](https://familylawadvocate.com/divorce/information/)? Relocation is an issue that arises with some frequency in the Chicago area, as [parents with custody of their children often seek to move to a new city](https://familylawadvocate.com/you-could-be-charged-with-a-felony-for-moving-children-out-of-state-without-permission/) for employment opportunities. So what do you need to know about leaving the state of Illinois with your kids?

**Removal and Illinois Law**

Under Illinois divorce law and the Parentage Act (for unmarried parents), the term “removal” refers to situations where a parent wants to move out of the state with his or her children. Depending on your particular situation, relocation can be a relatively easy process. However, family law issues often are quite complicated, and even if you have an amicable relationship with your children’s parent, it’s always a good idea to discuss your case with an experienced Illinois family law attorney.

Indeed, you should begin speaking to your attorney about your relocation plans as soon as possible. In some cases, this can be a relatively pain-free experience. First thing’s first: you must inform your ex-spouse that you plan to relocate out of the state of Illinois. Now, let’s say that you have a good working relationship with your ex-spouse. Once you’ve informed him or her that you’re planning to move to a new state, the two of you can develop a visitation schedule. If you and your ex-spouse can agree to a visitation plan, in most cases you’ll just need to submit that plan to the court for approval.

However, if you and your “ex” can’t agree to a visitation schedule, then you’ll need to go through a more lengthy legal process before you can hope to relocate. In such a case, the judge will consider what’s in the best interest of your child when making a decision about the child’s relocation and developing a visitation plan for the noncustodial parent. In such a case, you’ll need a dedicated family law advocate on your side who can fight for your rights.

**Temporary Removals**

If you’re not moving out of the state but simply want to take your child on a vacation outside of Illinois, that’s another matter altogether. If your divorce or custody case is already finalized, your current order should already have language that simply requires you to inform your child’s parent of the location of where the child will be staying, the duration of the child’s visit outside Illinois, and contact information for the child.

However, if your [divorce or custody case hasn’t been finalized,](https://familylawadvocate.com/how-long-does-it-take-to-finalize-a-divorce/) it’s important to keep in mind that you may need to get permission from the child’s other parent or from the court to temporarily remove your son or daughter from the state of Illinois.   While the law does not prevent you from an out of state trip, it is important to handle it properly, so that you not only inform the other parent but seek his or her cooperation.  If nothing else, this will show the Judge that you are involving the other parent and behaving reasonably.

Child custody and removal laws are complex, and you should always discuss your case with an experienced[ Chicago family lawyer](https://familylawadvocate.com/resources/) and Chicago family lawyer at the law offices of Gordon & Perlut, LLC.[ Contact us](https://familylawadvocate.com/resources/) today to learn more about how we can assist with your case.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Child Custody, Out-of-State Relocation

**Tags:** Chicago Divorce, Child Custody, Out-of-State Relocation

---

### [Child Support and Private School Costs](https://familylawadvocate.com/child-support-and-private-school-costs/)

**Published:** August 10, 2016
**Author:** familylawadvocate

**Content:**

**Child Support and Private School Costs**

By M. Scott Gordon

For parents who are considering divorce in Chicago, there are many questions related to [child support](https://familylawadvocate.com/divorce/child-support/) and childcare that you should discuss with an experienced Chicago divorce lawyer. While [Illinois law](http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm) sets guidelines for determining [child support payments](https://familylawadvocate.com/divorce/child-support/), the judge can make a decision to provide a different amount of support if the circumstances warrant it. What will a court do if your child attends an expensive private school? Who pays the cost of tuition? And will those costs impact a child support calculation?

**Considering the High Costs of Private School Tuition in the Chicago area**

For example, if your kids are in grades 5-12 at the Latin School of Chicago, the tuition cost is $32,535 for the 2016-17 school year. Other private schools in the area cost nearly as much, with the tuition at the [University of Chicago Laboratory Schools](https://www.ucls.uchicago.edu/admissions/tuition) at $30,750 per year for grades 6-8 and $32,106 for grades 9-12. When we take a closer look at the way in which child support is calculated, those payments do not leave much room for the tuition of private schools.

Under 750 ILCS 5/505(a)(1), the guidelines for child support say that these payments should be calculated this way:

- 1 child = 20 percent of the supporting parent’s net income;
- 2 children = 28 percent of the supporting parent’s net income;
- 3 children = 32 percent of the supporting parent’s net income;
- 4 children = 40 percent of the supporting parent’s net income;
- 5 children = 45 percent of the supporting parent’s net income; and
- 6 children or more = 50 percent of the supporting parent’s net income.

To better understand what these payments actually look like in practice, consider a family with one child in which the supporting parent has a yearly **net** income of $80,000. According to the guidelines, the supporting parent would pay child support of $16,000 per year (20 percent of $80,000). If the child’s private school tuition is already nearly double that amount, the child support guidelines clearly cannot account for tuition costs.

What if the supporting parent’s income is sufficiently more? For example, what if the supporting parent has a net annual income of $150,000? Still, the guidelines would say that the annual payment for child support would be 20 percent of $150,000, which equals only $30,000. Even in that scenario, the child support payment would not be enough to cover the cost of tuition at one of the schools mentioned above.

**Deviating from the Guidelines to Pay for Private Schools**

Specifically, 750 ILCS 5/505(a)(2) specifies that the court shall use the guidelines “unless the court finds that a deviation from the guidelines is appropriate after considering the best interest of the child in light of the evidence.” To decide whether a deviation from the guidelines is appropriate, the court can look at a number of factors, including:

- Financial resources and needs of the child;
- Financial resources and needs of the parents;
- Standard of living the child would have enjoyed but for the divorce;
- Physical, mental, and emotional needs of the child; and
- Educational needs of the child.

Additionally, the statute specifically states that[ the court can deviate from the guidelines](https://familylawadvocate.com/new-illinois-parenting-time-guidelines/) and require one or both parents to contribute to reasonable education expenses. One important question: did your family already send your child to private school before the divorce?  Or is this a change one party wants to make after the divorce is filed?  Depending on your family’s situation and expectations about private school education, the court may indeed decide that your spouse should be responsible for paying tuition costs in addition to other child support payments. If you have questions, an experienced child support lawyer in Chicago can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Family Law Chicago

---

### [College Funding Questions to Resolve During Your Divorce](https://familylawadvocate.com/college-funding-questions-to-resolve-during-your-divorce/)

**Published:** March 23, 2016
**Author:** familylawadvocate

**Content:**

**College Funding Questions to Resolve During Your Divorce**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you are thinking about filing for divorce or are in the midst of a divorce and you have children, you may be wondering how [college expense obligations](https://familylawadvocate.com/articles/college-expenses/) will be shared between you and your spouse. According to a [recent article](http://www.usnews.com/education/best-colleges/paying-for-college/articles/2015/08/19/3-important-college-funding-questions-to-answer-during-a-divorce) from *U.S. News & World Report*, questions about paying for college often become contentious ones during a divorce. Yet it is extremely important for parents who are divorcing to contend with matters of college savings accounts, [tax implications,](https://familylawadvocate.com/tax-implications-of-shared-custody/) and other college expense issues when it comes to their children.

In addition, given that the recent changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which took effect on January 1, 2016 and have implications for [college expenses](https://familylawadvocate.com/articles/college-expenses/), now is as good a time as any to discuss the looming questions surrounding support for college tuition and other costs during divorce.

**Big Picture Issues Concerning College Funding**

When you and your spouse have been putting money into a college savings account for years, the continuation of that college fund—as well as questions about how college expenses will be determined for your child—can become hotly debated topics. Here are three major questions when it comes to divorce and college expenses:

- Decide who will own any college savings account. If you and your spouse jointly opened a 529 savings account (a college expense account with certain tax advantages), then you will have to decide which of you will now assume control of that account, if you should “freeze” the account for now or simply split it between you. What are the implications of each? If you or your spouse becomes the owner of the account, then only the owner can make decisions about how its funds will be used (within reason). Another consideration in awarding account ownership is that it can have serious implications for your child’s financial aid eligibility. In short, if the custodial parent is the lesser earner of the two parents, then the child will qualify for more financial aid (the FAFSA form asks just for the custodial parent’s income and assets). Hence, if the noncustodial parent is indeed the higher wage earner, it may be in the best for the child if the noncustodial parent takes sole ownership of the 529 savings account.
- Decide who will claim the child on taxes (dependency exemption) each year. If your child is a full-time college student, the IRS’s dependent exemption can make a big difference for the parent claiming the child. That parent is also the one who is eligible for college credits from the IRS.
- Decide who will have the primary allocation parental time of the child (formerly, the primary residential parent or custody). As we mentioned previously, this can play a big role in a child’s financial aid future. Indeed, given that the FAFSA only takes into account the custodial parent’s earnings and assets, the cost of college expenses can vary greatly if the custodial parent earns substantially less than the noncustodial parent.

**Changes to Illinois Family Law Regarding College Expenses**

In addition to big picture questions about [college expenses](https://familylawadvocate.com/are-college-expenses-automatically-added-to-child-support-in-illinois/) and divorce, families in Chicago should also be aware of changes to the IMDMA that took effect in 2016. Under [Section 513 of the IMDMA](http://www.ilga.gov/legislation/ilcs/documents/075000050k513.htm), both parents are required to contribute to their child’s college expenses. The revised language makes clear what counts as college expenses and the length of the support obligation.

These matters can be extremely complicated, and it is important to have a dedicated [Chicago college expense family lawyer](https://familylawadvocate.com/contact-us/) on your side. If you have questions about college expenses during and after divorce, do not hesitate to reach out to one of our experienced advocates. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Divorce

---

### [Changes to Illinois Divorce Law for 2016](https://familylawadvocate.com/il-divorce-law-changes-2016/)

**Published:** December 16, 2015
**Author:** familylawadvocate

**Content:**

**Changes to Illinois Divorce Law for 2016**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you have been following the work of the Illinois Family Law Study Committee over the past year, you know that some significant changes are on the way for [Illinois divorce law](https://www.hg.org/divorce-law-illinois.html "Illinois Divorce Law") in 2016. According to an [article in the *Illinois Times*](http://illinoistimes.com/article-15183-modern-family.html "article in IL Times"), the legislative advisory group has been hard at work on [divorce law](https://familylawadvocate.com/divorce/ "divorce Law") in our state for the last seven years, aiming to update many of the laws that have been on the books for more than 40 years. After decades without amendments or policy shifts, members of the Committee believed that certain tenets of divorce law in Illinois did not adequately attend to the needs of couples seeking divorce, spousal support, and child custody arrangements.

How will the changes to the law affect Chicago area residents who are thinking about [filing for divorce](https://familylawadvocate.com/divorce/steps-for-filing-divorce/ "filing for divorce in Chicago")? We should take a closer look at [Senate Bill 57](http://www.ilga.gov/legislation/publicacts/99/PDF/099-0090.pdf "Senate Bill 57") to get a clearer idea of what changes, specifically, will be made to existing divorce law. The bill was signed into law by Governor Rauner on July 21, 2015, and changes to the Illinois Divorce Law for 2016 will take effect on January 1.

**Grounds for Dissolution of Marriage**

One of the primary changes to the law concerns grounds for divorce. Until SB 57 was signed into law, the [Illinois Marriage and Dissolution of Marriage Act](https://familylawadvocate.com/resources/ "Illinois Marriage and Dissolution of Marriage Act") required a petitioner to have grounds for divorce without having lived separate and apart for more than two years. Grounds for fault under the current law include but are not limited to:

- Adultery;
- Desertion;
- Habitual drunkenness;
- Drug addiction;
- Physical cruelty;
- Mental cruelty; and
- Felony conviction.

Without a showing of fault, a couple would need to live separate and apart for a “period in excess of two years” and would need to cite irreconcilable differences in order to be eligible for divorce. Under the new terms of SB 57, however, the only ground for a divorce is irreconcilable difference. A couple that wants to divorce as of January 1, 2016 will also discover that they will not need to be separated for more than two years. Instead, under SB 57, the separation requirement is lowered to six months.

**Marital Assets and Educational Support Expenses**

Changes to the law will also help clarify how assets are valued in the event of divorce. In short, courts will use a “fair market” method of valuation. The value of a couple’s marital assets will be assessed at the trial date, at which point the value will be a fair market standard. If necessary, the judge may appoint a financial expert.

In addition to adding language about asset valuation, SB 57 also addresses educational expenses. Whereas the current law does not specify how educational expenses will be made or when a parent can cease making such support payments, the new law clarifies when a parent can petition for educational expenses for a child, and events around which a parent can stop making payments. For example, if a child does not receive certain grades, a parent’s support obligation may cease. And a [child may be eligible for educational expenses up through age 25](https://familylawadvocate.com/are-college-expenses-automatically-added-to-child-support-in-illinois/).

**Contact a Chicago Divorce Lawyer**

This has just been a small sample of some of the numerous changes to the divorce laws in our state with the start of 2016. If you have questions about filing for divorce or concerns about how changes to the Illinois Marriage and Dissolution of Marriage Act may affect you, do not hesitate to speak with an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/ "Chicago divorce lawyer"). [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/ "Contact Gordon & Perlut, LLC") today to learn more about how we can help.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Changes to Illinois Divorce Law for 2016

**Tags:** Changes in Divorce Law 2016, Chicago Divorce 2016, Divorce Lawyer Chicago

---

### [Millennials and Prenuptial Agreements](https://familylawadvocate.com/millennials-and-prenuptial-agreements/)

**Published:** July 18, 2017
**Author:** familylawadvocate

**Content:**

**Millennials and Prenuptial Agreements**

By: M. Scott Gordon

How common are [prenuptial agreements](https://familylawadvocate.com/divorce/pre-marital-agreement/), and what type of people should enter into them? Many Chicago residents mistakenly assume that prenuptial agreements are only for wealthy individuals who are entering into a marriage, but in fact, prenups actually can benefit almost anyone who is getting married. According to a recent report from *CNBC*, more millennials—people born in the 1980s and 1990s—are entering into prenuptial agreements before they get married. To be sure, millennials have represented a surge in the population of married people with prenups. Are millennials smarter about marriage and finances than individuals in other generations, or is there something else driving millennials to seek out [premarital agreements](https://familylawadvocate.com/divorce/pre-marital-agreement/) with their soon-to-be spouses?

**Increase in Prenuptial Agreements Among Millennial Generation**

Many commentators report negatively on millennials and their habits, from use of smartphones and other new forms of technology to their poor spending habits. For instance, an [article](http://money.cnn.com/2014/08/01/pf/millennials-bad-habits/index.html) from *CNN Money* reported that millennials tend to spend more money than they can afford—and more than individuals in other generations—on bad habits, such as frequent purchases at Starbucks and other chain coffee establishments. A recent [article](https://www.forbes.com/sites/carolinebeaton/2016/02/18/8-habits-that-make-millennials-stressed-anxious-and-unproductive/#7bbf782d1ef1) in *Forbes*, too, described millennials as unproductive. Yet it seems as though millennials are insisting on prenuptial agreements at higher rates than people in other age groups who are getting married, suggesting that millennials are doing at least one thing right.

Indeed, as the *CNBC* report explains, more than 60 percent of attorneys surveyed said that they “have seen an increase in the total number of clients who are seeking prenups during the past three years,” and most of those clients are millennials. In the last 20 years, prenups have increased by about five times the rate reported by the American Academy of Matrimonial Lawyers (AAML) in the mid-1990s. To be sure, among people aged 18 to 34, there was only a 2 percent decrease in the rate of premarital agreements.

**Millennials Tend to Get Married Later and Have More to Protect**

Why are so many millennials seeking prenuptial agreements? As the report suggests, more millennials are getting married a bit later in life, and thus they may have more to protect than people who are getting married in their early 20s or mid 20s. In other words, in the event of divorce, millennials who are getting married in their 30s may want to ensure that they are protected when it comes to issues of property division and spousal support.

In addition, millennials, more than people in other generations, are “proactively choosing to make . . . significant sacrifices for career advancement,” according to the report. Indeed, “about 71 percent would be willing to postpone marriage and 72 percent would be willing to delay having children to relocate for a job in a desired location.” In practical terms, this means that many older millennials have “accumulated some wealth,” such as in a 401(k) or other retirement accounts, or through real estate purchases. And in the event of divorce, many of those millennials do not want to risk losing what they have acquired. As such, a[ prenuptial agreement can be extremely beneficial](https://familylawadvocate.com/are-prenuptial-agreements-only-for-wealthy-people/).

**Contact a Prenuptial Agreement Attorney in Chicago**

Do you have questions about prenuptial agreements under Illinois law? An experienced [Chicago prenuptial agreement attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about how we can help.

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**Categories:** Prenuptial Agreements

---

### [Chicago Divorce and Prenuptial Agreements](https://familylawadvocate.com/chicagodivorce-and-prenuptialagreements/)

**Published:** April 15, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Divorce and the Importance of Prenuptial Agreements**

By M. Scott Gordon

How important are[ prenuptial agreements](https://familylawadvocate.com/divorce/pre-marital-agreement/ "prenuptial agreements") when it comes to[ divorce in Chicago](https://familylawadvocate.com/divorce/ "Divorce Chicago")? According to a recent article in *USA Today*, it’s important for Chicagoans who are planning to get married to think ahead, regardless of their socioeconomic brackets. To be sure,[ prenuptial agreements](https://familylawadvocate.com/are-there-any-exceptions-to-what-can-be-included-in-a-prenuptial-agreement/), also known as premarital agreements, aren’t just for wealthy Illinois residents. Why is that? Premarital agreements simply are not solely about the assets that a couple has or may acquire.

**Using Premarital Agreements to Negotiate Beyond Financial Assets**

Even though couples typically don’t want to negotiate about “what if” situations before a wedding, many [marriages continue to end in divorce](https://familylawadvocate.com/five-signs-your-marriage-is-headed-for-divorce/). And even if a marriage lasts for many years, a prenuptial agreement can be extremely important in determining debt liabilities, childcare and child-raising issues, college contributions for children born during the marriage, and other family matters.

Under the[ Illinois Uniform Premarital Agreement Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59) (750 ICLS 10/), spouses can use prenuptial agreements to negotiate about some of the following issues:

- The right to buy, sell, and alter properly
- Disposition of property in the event of separation
- Modification or elimination of spousal support

The statute provides other specific elements that can be included in [premarital agreements,](https://familylawadvocate.com/are-there-any-exceptions-to-what-can-be-included-in-a-prenuptial-agreement/) including a broad category of “any other matter, including . . . personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.” The statute does make clear, however, that a child’s right to support “may not be adversely affected by a premarital agreement.” In other words, soon-to-be spouses cannot negotiate about child support.

**Types of Situations Where Prenups Can Make a Difference**

Prenuptial agreements can make divorce easier, regardless of the specifics of your situation. In short, divorce often involves contested claims to property and other assets, and a prenup can settle such matters quickly. However, there are some situations where a premarital agreement can make a big difference. In addition to marriages in which one spouse has significantly greater assets than the other (a typical situation in which premarital agreements exist), consider the following hypothetical situation:

At the beginning of a marriage, a husband is responsible for the care of an aging mother. He has assumed the financial burden of caring for his mother, including paying for a housekeeper to come to her home twice a week. After five years into the marriage, the health of the husband’s mother declines significantly. He begins using money from his joint bank account with his wife—the only account both use, and in which they both directly deposit their paychecks—to pay for in-home nursing care.

Within a year, the husband’s mother requires care at a Chicago-area nursing home. The facility costs thousands of dollars a month, and the husband begins paying for his mother’s care from the couple’s joint account. The wife agrees reluctantly.

Shortly thereafter, the couple decides to divorce. By this point, a significant amount of the wife’s income has been used to pay for her mother-in-law’s care. If the couple had entered into a premarital agreement about the care of the husband’s mother, the wife wouldn’t have had her own income depleted. Indeed, this is precisely the type of situation in which a prenup could have been extremely beneficial to the wife.

This is just one situation where a spouse could have benefited from a premarital agreement. Many other situations—and very different ones at that—exist in which a prenup simply is a good idea to protect a spouse in the event of divorce. If you have questions about creating a premarital agreement or are thinking about filing for divorce, you should contact an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/). The attorneys at the law offices of Gordon & Perlut, LLC are here to help.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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 [See Full Bio](https://familylawadvocate.com/author/familylawadvocate/)

**Categories:** Pre-Marital Agreements, Prenuptial Agreements

**Tags:** Chicago Divorce, Chicago Divorce and Prenuptial Agreements, Chicago Prenuptial Agreements

---

### [Child Custody and the Holidays](https://familylawadvocate.com/child-custody-and-the-holidays/)

**Published:** January 13, 2016
**Author:** familylawadvocate

**Content:**

**Child Custody and the Holidays**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

The start of the New Year can be a stressful time for newly divorced spouses, especially when they are just beginning to grow accustomed to the routines of [shared parenting](https://familylawadvocate.com/divorce/child-custody/ "shared parenting"). To be sure, [child custody issues](https://familylawadvocate.com/divorce/child-custody/ "child custody issues") can feel particularly pronounced during the holiday season, a time in which families are used to being together. What can you do to help ensure that the holidays are as stress-free as possible for you and your children? According to a [recent article](http://www.huffingtonpost.com/daniel-clement/7-tips-to-make-holiday-parenting-time-less-stressful_b_8479426.html "recent article") in the *Huffington Post*, [child custody](https://familylawadvocate.com/divorce/child-custody/ "child custody") concerns do not need to take away from an enjoyable holiday season.

**Tips for Shared Parenting During the Holiday Season**

Here are some tips for shared parenting around the holidays that can help both you and your kids to make the most of this time of year:

- Communicate with your ex-spouse as often as necessary: if you are thinking about taking your kids out of town for Thanksgiving or in December, it is important to let the other parent know as soon as possible. And if your plans involve spending a few extra days with your children than usual, check with the other parent. The same goes for planning out holiday travel. Before you purchase plane tickets or rent a car, be sure to communicate your plans.
- Plan ahead: communicating with your ex-spouse can be especially important around the holidays, but it is also important to plan ahead for travel and school vacation. As we mentioned above, if you want to take your children on a trip during the long this time, do not wait until the last minute to run it by your ex-spouse. Instead, plan ahead and check with the other parent as soon as you have a handle on your own plans.
- Respond truthfully and firmly to the other parent: if your ex-spouse wants to take your children on a vacation, but you do not approve of the plan, let the other parent know immediately. Silently acquiescing—only to later object to a travel plan—can make your relationship with your ex-spouse tense, and it can also involve your children in unnecessary ways.
- Cooperate with your ex-spouse: even if you feel frustrated by your ex-spouse’s requests for time with the children over the holidays, it is a good idea to be as cooperative as possible. It is more than likely that you may make a similar request at a point in the not-too-distant future, and cooperating with your ex-spouse now can help to ensure that your ex cooperates with you down the road.
- Allow and encourage your kids to visit with your former in-laws: your children have not gotten divorced, and it is important to keep that in mind when they want to visit with grandparents and other family members on your ex’s side.
- Download a child custody and visitation app to help with scheduling: the holiday season can be particularly tricky when it comes to planning out your children’s schedules and determining when they are spending time with you and your ex-spouse. Thanks to new technology, [parents can download apps that help them to schedule](https://familylawadvocate.com/do-i-have-to-go-to-court-to-change-parenting-time-schedule/) time and vacations with their kids without having to contact an ex with every calendar-related question. And having a shared calendar on an app can also help to prevent misunderstandings about physical custody during the Thanksgiving weekend.

Child custody and the Holidays can be complicated, and they often intensify over the holidays. If you have questions or concerns about child custody or shared parenting, an experienced [Chicago child custody attorney](https://familylawadvocate.com/contact-us/ "Chicago child custody attorney") can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/ "Contact Gordon & Perlut, LLC") today to learn more about our services.

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**Categories:** Child Custody

**Tags:** Chicago child custody attorney, Child Custody and the Holidays

---

### [Chicago Child Custody and Jurisdiction](https://familylawadvocate.com/chicagochildcustodyandjurisdiction/)

**Published:** April 1, 2015
**Author:** familylawadvocate

**Content:**

**Chicago** **Child Custody and Jurisdiction**

By: M. Scott Gordon

When can an Illinois court decide[ child custody](https://familylawadvocate.com/divorce/child-custody/) matters, and when does it lack jurisdiction? The Illinois Supreme Court recently heard a case,[ *McCormick v. Robertson*](http://www.appellatestrategist.com/wp-content/uploads/sites/498/2015/02/4140208.pdf), concerning subject matter jurisdiction and the Uniform Child Custody Jurisdiction and Enforcement Act, 750 ILCS 36/201. Let’s take a closer look at the case.

**Facts of *McCormick v. Robertson***

In *McCormick*, the parents of a child were involved in a[ custody battle](https://familylawadvocate.com/divorce/child-custody/). The parents only had a brief relationship, which produced the child. The father is an Illinois resident, and the mother is a Missouri resident. Back in 2010, the father filed a petition for custody and rights in an Illinois Circuit Court. The mother came to Illinois for the case, and the parties presented the court with a joint parenting agreement. The [court entered a final judgment for joint parenting](https://familylawadvocate.com/do-i-have-to-go-to-court-to-change-parenting-time-schedule/).

In 2013, the father returned to the Illinois Circuit Court and filed a petition seeking to terminate the original parenting agreement and to seek sole custody of the child. The mother argued that, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Circuit Court in Illinois never had subject matter jurisdiction over the custody issue in the first place, and thus the original agreement was invalid.

In early 2014, the two state courts had a telephone conference and determined that the Illinois Circuit Court did not have subject matter jurisdiction, and thus the 2010 judgment was void. The courts then also determined that Nevada (where the child now lives) was the child’s “home state,” and thus Nevada had subject matter jurisdiction.

The father appealed, and the Illinois Appellate Court found in favor of the father, concluding that the court did have subject matter jurisdiction to hear the child custody case. The Appellate Court emphasized that the section of the UCCJEA at issue—section 201—“simply establishes the procedural framework within which a circuit court may properly exercise its subject matter jurisdiction.” In other words, the Appellate Court concluded that a circuit court’s subject matter jurisdiction derives from the constitution, and thus subject matter jurisdiction cannot derive from a section of the UCCJEA. To be sure, the UCCJEA can’t provide subject matter jurisdiction or take it away.

**Subject Matter Jurisdiction Appeal Before the Supreme Court**

After the Appellate Court’s holding, the mother appealed. By the time the case reached the Illinois Supreme Court, both Nevada and Illinois had asserted jurisdiction over the case. In oral arguments, the mother contended that provisions of the UCCJEA can determine subject matter jurisdiction. And, in the event that the circuit court *did* have jurisdiction, that court didn’t have jurisdiction in the particular case at hand.

The mother argued that her case isn’t like any of the ones that have previously come before the court. The father emphasized that the mother never appealed the original order, and she never raised any concerns about subject matter jurisdiction when the original parenting agreement was put into place.

Regardless of how the Supreme Court decides, it will need to attend to some of the following key questions:

-      Where does subject matter jurisdiction come from in Illinois when it comes to a child custody dispute—from the UCCJEA or from the state constitution?
-      Is the Circuit Court’s order necessarily void, or is it simply voidable?
-      Is there a bright-line rule (or, could the court define one) for determining subject matter jurisdiction in all child custody cases in Illinois?

Child custody questions can be extremely complicated, and it’s always important to discuss your case with an experienced[ Chicago child custody lawyer](https://familylawadvocate.com/contact-us/). Contact the law offices of Gordon & Perlut, LLC today.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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 [See Full Bio](https://familylawadvocate.com/author/familylawadvocate/)

**Categories:** Chicago Child Custody and Jurisdiction

**Tags:** Chicago Child Custody, Chicago child custody lawyer

---

### [Recent Divorce Trends in America](https://familylawadvocate.com/recent-divorce-trends-in-america/)

**Published:** May 24, 2016
**Author:** familylawadvocate

**Content:**

When we look at the types and number of people [getting divorced in Chicago](https://familylawadvocate.com/divorce/) today, are those trends the same as they were twenty or thirty years ago? According to a [recent article](https://www.washingtonpost.com/news/wonk/wp/2016/04/06/who-gets-divorced-in-america-in-7-charts/) in *The Washington Post*, many of us have heard the “myth” that “about half of all marriages end in divorces,” but that is not exactly true. To be sure, recent research by Nathan Yau of Flowing Data indicated that number does fall into the realm of myth because it does not take into account the demographics of those who are [filing for divorce](https://familylawadvocate.com/divorce/) and those who get married. So, what do you need to know to help set the record straight?

**We Are Not Using the Correct Mathematical Calculation**

To begin with, the myth of the current divorce rate is likely the result of some bad calculations. According to Yau, the fiction that around 50 percent of all marriages result in divorce is the product of “bad math.” As he explains, it stems from people simply “dividing the divorce rate by the marriage rate in a given year.” And if you perform that equation for data from 2014, you see that for every 1,000 women in the U.S., there were 17 marriages and 8.7 divorces. When you divide 8.7 by 17, you might assume that the divorce rate was 51 percent that year. Why does that formula fail to make sense?

As the article clarifies, “the problem is that the people who are marrying each other in 2014 aren’t the same as the people who are divorcing each other in 2014.” In other words, “if you look at the data over a longer period of time, it becomes clear that the divorce rate is lower than half.” If we do some better calculations, it is relatively easy to see that the divorce rate in the United States has been declining since the early 1980s. Indeed, the divorce rate was at its peak in the 1970s and early 1980s, and we haven’t seen those rates of divorce since then. Current trends suggest that only about one-third of [marriages these days end in divorce](https://familylawadvocate.com/habits-that-can-send-your-marriage-into-divorce/).

**The Numbers Alone Do Not Tell Us Everything We Need to Know

In addition to some faulty division, only looking at numbers when determining the current divorce rate means that we are leaving out significant factors. What are we failing to see? In short, divorce rates are higher among some groups of people than others. The following data compiled by Yau helps to show how different divorce rates may exist for distinct demographics:

- Educational background may play a role: around 39 percent of men and 37 percent of women with only a high school diploma have a marriage that ends in divorce. Those rates drop to 29 percent of women and 28 percent of men with a bachelor’s degree.
- Race could be a factor: the rates for getting divorced or remarried are slightly higher for black Americans than for whites, while divorce rates are much lower among Hispanics. The rates of divorce and remarriage are the lowest, however, among Asian-Americans, while the highest rates of divorce and remarriage are seen among Native Americans.

Determining divorce rates, in short, is more complicated than it might at first seem. If you have questions about filing for divorce in Chicago, you should discuss your case with an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/). An advocate at our firm can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about our services.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce

---

### [What To Look For When Hiring a Family Lawyer in Chicago](https://familylawadvocate.com/familylawyerchicago/)

**Published:** March 20, 2015
**Author:** familylawadvocate

**Content:**

**What To Look For When Hiring a Family Lawyer in Chicago**

[By M: Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Seeking the best legal representation for your[ family law case](https://familylawadvocate.com/family-law/ "family law cases") can be a difficult and anxiety-inducing task. How can you know what to look for in your[ Chicago family law attorney](https://familylawadvocate.com "Chicago Family Law Attorney")? How can you learn the right questions to ask? These concerns can become particularly frustrating when you have a difficult family law matter on your hands. Here are some important tips for selecting a family law lawyer in the Chicago area and key questions to ask, particularly when you need an advocate during your divorce proceedings.

**Important Criteria for Your Chicago Family Law Attorney**

Depending on your particular needs, you may have different concerns from another Chicagoan who is looking for a family lawyer. For any family law issue, however, you may want to consider some of the following:

- Credentials: when you’re evaluating an attorney to handle your case, you can look to objective credentials. For example, you might seek out an attorney who is also appointed as a Guardian ad Litem, child representative or who is a certified mediator. In addition, it’s important to learn about an attorney’s years of experience in practice—in particular in family law practice.
- Personal compatibility and client dedication: it’s important to feel comfortable with the attorney with whom you’re going to work. The first time you talk to an attorney, trust your instincts. It’s essential to find an advocate who has your best interests in mind, and who will handle your case with dedication and perseverance. You want to be sure that you hire a lawyer who will approach your case with the understanding that it will have its own nuances and complications. Find a family law attorney who will fight for your rights throughout your divorce.
- Location: it’s important to speak with your lawyer in person. You’ll want to look for an attorney who has an office that’s easy to reach, and who is willing to meet with you in person on a regular basis to discuss your case.
- Cost: depending on your personal situation, cost may be an important factor to consider. It’s important to look for an experienced family law attorney who can work within your budget while advocating tirelessly for your needs.

**Asking Questions and Meeting with Your Family Law Advocate**

When you do meet with an attorney for the first time, you’ll want to be sure to find an advocate who pays attention to your individual needs and the questions you have about your case. It’s always a good idea to bring a list of questions with you to your appointment that includes all of the matters you’d like to discuss.

It’s important to work with an experienced [Chicago area family law lawyer](https://familylawadvocate.com/what-areas-of-law-does-an-illinois-family-law-attorney-handle/) who will take the time to provide comprehensive answers to your questions, and who will give you time to take notes. Rather than focusing on the likely outcome of your case, seek out counsel that will make you feel secure and well represented in your family law matter.

According to a recent article in the *Huffington Post*, one of the most important aspects of hiring a family lawyer is finding someone that you feel comfortable working with and who you feel will advocate for your rights. When you meet with a potential advocate, some important questions you might ask of yourself can include:

-      Do you feel comfortable opening up?
-      Does the advocate seem like a good listener?
-      Will the advocate develop a specific yet practical approach to your case?

Ultimately, one of the most important things to remember is that an Illinois family law attorney has particular knowledge and expertise when it comes to handling divorce, child custody, and other family law matters. Don’t hesitate to[ contact](https://familylawadvocate.com/contact-us/) one of the experienced[ Chicago family lawyers](https://familylawadvocate.com/contact-us/) at the law offices of Gordon & Perlut, LLC to learn more about our services.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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 [See Full Bio](https://familylawadvocate.com/author/familylawadvocate/)

**Categories:** Family Law, What to look for when Hiring a Family Law Attorney

**Tags:** Famil Law Advocate, Family Law Attorney in Chicago, What to look for when hiriing a Family Law Attorney

---

### [What Child Custody Rights Do Unmarried Parents Have in Chicago?](https://familylawadvocate.com/what-child-custody-rights-do-unmarried-parents-have-in-chicago/)

**Published:** August 29, 2022
**Author:** familylawadvocate

**Content:**

Child custody is a major issue for unmarried parents in Chicago and elsewhere. Protecting your child’s best interests is a primary concern, but it is also important to understand both your rights and responsibilities in this situation. At Gordon & Perlut, LLC, we can advise you on how to go about putting a parenting plan and other arrangements in place. Our experienced [Chicago child custody lawyers](https://familylawadvocate.com/divorce/child-custody/) explain what you need to know in this situation.

## Unmarried Parents and Child Custody in Chicago

Child custody is an issue that is dealt with automatically in divorce proceedings. For unmarried parents, the first step in protecting your rights regarding your child and making child custody arrangements often involves proving paternity.

Under [Illinois Department of Healthcare and Human Service (HFS)](https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx) guidelines, there are generally three ways in which paternity is established:

- If the couple is married, paternity is automatically presumed
- Voluntary acknowledgment of paternity (VAP), which involves having both parents sign a legal document affirming paternity
- Paternity testing, which involves attending court hearings and undergoing DNA testing

Once paternity is established, unmarried parents can then address important issues regarding child custody and child support obligations.

### Child Custody Arrangements for Unmarried Parents

Under the [Illinois Statutes](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), time-sharing arrangements are generally encouraged in child custody cases. These allow both parents to play an active and involved role in the child’s life. While the process is somewhat different for unmarried parents (child custody is not automatically addressed and involves filing a separate petition), the guidelines for determining these arrangements are much the same.

In Chicago area child custody cases, parenting plans dictate the amount of time each parent gets to spend with their child. These include arrangements for weekday and[ weekend visits and extended stays over holidays](https://familylawadvocate.com/how-can-i-make-up-visitation-time-if-im-deployed-for-an-extended-period/) and school breaks. Legal custody is also addressed, which determines each parent’s rights in making important decisions on behalf of the child. Factors a judge will generally consider before approving a parenting plan include:

- Each parent’s current relationship with the child
- Their prior involvement in the child’s life
- Their proven ability to provide the nurturing and care the child needs
- Their willingness to cooperate with the other parent in implementing child custody arrangements
- Any issues, such as domestic violence or drug and alcohol abuse, which could put the child or unmarried parents at risk

## Contact Our Chicago area Child Custody Lawyers to Discuss Your Case

At Gordon & Perlut, LLC., we have decades of experience protecting the rights of unmarried parents in Chicago area child custody cases. You can count on our Chicago area child custody lawyers to provide the trusted legal guidance you need throughout the process.

We assist you in initiating legal proceedings, helping you establish paternity, and putting a child custody order in place. Our primary concern is protecting your rights and your child’s best interest, which includes addressing potential problems that arise and making sure any final orders are enforced. To discuss the options in your child custody case, call 312-360-0250 or [contact our office](https://familylawadvocate.com/contact-us/) to schedule a confidential consultation today.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Child Custody Lawyer

**Tags:** Child Custody

---

### [How Does Deportation Affect Child Support Collections?](https://familylawadvocate.com/how-does-deportation-affect-child-support-collections/)

**Published:** April 19, 2017
**Author:** familylawadvocate

**Content:**

**How Does Deportation Affect Child Support Collections?**

By: M. Scott Gordon

Chicago Mayor Rahm Emanuel has emphasized that Chicago is a “sanctuary city,” which means that, when it comes to deporting persons who may be living in the city illegally, “ICE agents will get limited if any cooperation from local authorities, including the Police Department and the Cook County sheriff’s office, which operates the jail,” according to a [recent article](http://www.chicagotribune.com/news/ct-sanctuary-city-ice-met-20170303-story.html) in the *Chicago Tribune*. Yet what happens if a parent who is obligated to pay child support is indeed deported from Chicago? In another type of scenario, what happens if the child lives in Chicago, but the payor parent is deported from another region of the country that has not identified itself as a “sanctuary” location as Chicago has? Are there still options for [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/)?

**How Deportations Affect the Well-Being of a Child**

The question of deportation and child support is not a new one. Even though the dangers of deportation have become more pronounced in the current political climate, researchers have been investigating the relationship between parent deportations and support obligations for quite some time. Indeed, according to an [article](https://www.theatlantic.com/politics/archive/2015/09/what-happens-to-a-child-after-a-parent-is-deported/432870/) in *The Atlantic*, a report from the Migration Policy Institute, created in collaboration with the Urban Institute, explored the connection between a child’s well-being and a parent’s deportation.

When it comes to a child’s well-being, there are effects that stretch far beyond economics. For instance, that report suggested that “behavioral problems can arise at a school as a result of depression and anger.” At the same time, and perhaps more immediately, “economic security can become tenuous” when a parent who is the primary earner, or the child support payor, is deported. To be sure, the article emphasizes that “the fathers who are deported are often primary breadwinners, leaving mothers and children behind without financial support.”

Additional immigration matters can compound the loss of income. For instance, in situations where a child support order was in place but the payor parent was deported, the custodial parent may encounter language barriers when seeking assistance with enforcement or child support collections. Moreover, there is a possibility that the custodial parent is not yet a U.S. citizen, and may fear for his or her own legal status in the country as a result of seeking assistance with [child support collection](https://familylawadvocate.com/divorce/child-support-collections-chicago/) from a government agency.

**Collecting Child Support from a Parent in Another Country**

When a parent is deported, the emotional and psychological toll can be harmful enough. If that parent then fails to make child support payments, the economic toll can be devastating. Is there a way to obtain child support from a parent in another country? If your child’s parent was deported or simply has left the country and you are not receiving child support payments as stipulated by a child support order, you may be eligible to receive assistance with child support enforcement.

When it comes to seeking assistance outside of Illinois, the federal Office of Child Support Enforcement (OCSE) is, according to its [website](https://www.acf.hhs.gov/css/partners/international), “the U.S. Central Authority for[ international child support.](https://familylawadvocate.com/how-are-support-collections-enforced-if-my-ex-left-the-country/)” As the website clarifies, the OCSE “works with states and countries to provide assistance to families seeking support when family members live in different countries.”

**Discuss Your Situation with a Chicago Child Support Collections Lawyer**

Do you have questions about enforcing a child support order? A Chicago child support collections lawyer can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Child Support Collections in Illinois

---

### [How to Find the Best Divorce Mediator in Chicago](https://familylawadvocate.com/how-to-find-the-best-divorce-mediator-in-chicago/)

**Published:** November 11, 2021
**Author:** familylawadvocate

**Content:**

**How to Find the Best Divorce Mediator in Chicago**

**By: Gordon & Perlut, LLC**

Most divorcing couples feel that mediation would be a waste of time. The reason is that if they could talk through their problems, they would not disagree about financial and emotional issues, to begin with. Yet once the process starts, the benefits become apparent. That’s largely why [family law mediation](https://www.nhbr.com/the-benefits-of-mediation/) is about 90 percent successful.

An experienced [divorce mediator in Chicago](https://familylawadvocate.com/family-law/mediation/) maximizes the chances of success. Experienced meditators are familiar with family law cases. They know when to apply gentle pressure to a reluctant party and when to back off. That level of expertise is difficult to find. Just because a Chicago divorce mediator is on a judge’s approved list, that doesn’t mean the mediator is the right one for your family.

**Benefits and Timing of Mediation**

Divorce trials are necessary in a few cases, typically because the parties are too far apart to resolve the case on their own. But mostly, they are unnecessary emotional showdowns that leave lasting wounds. In contrast, family law mediation has some concrete benefits, as follows:

- Cost: According to the Department of Justice, mediation reduces legal fees by millions of dollars every year. Mediation is easier to prepare for, and it ends the case early. Furthermore, mediation reduces stress and other non-financial costs of divorce.
- Control: Mediation gives the parties more control over the outcome. This factor looms especially large if one or both spouses have problems with authority. Additionally, the added control makes subsequent modification proceedings easier. More on that below.
- Civility: If the spouses have children, this might be the most important one. Former spouses don’t have to be friends, but they do have to [work together for the benefit of their children](https://familylawadvocate.com/what-are-the-benefits-of-co-parenting-for-the-children/). Mediation sets the stage for that level of cooperation.

As for the timing, mediation can occur at the beginning of the case, or later, once financial discovery is complete. If you use mediation later in your case, it gives the parties more time to resolve the case on their own. It also ensures that all financial evidence is available.

Sometimes, however, early mediation, or even pre-filing mediation, is best. Early mediation is a high-risk/high-reward affair. Since discovery hasn’t happened yet, there is less evidence available, although parties can still agree to exchange documents. But the cost savings are much more significant. Pre-filing mediation often happens prior to modification actions. If the parties just disagree over a few minor points, a mediator can bring them together, so they can present an agreed order to the judge.

**Finding the Right Mediator**

As mentioned, experience is usually the most important factor to consider. Family law mediation is quite unlike contract or other forms of mediation. Unless the mediator is experienced in this area, the settlement agreement might not withstand judicial scrutiny or further reflection of the parties.

Furthermore, as mentioned above, experienced mediators often have something of a sixth sense. They know when to be more assertive and when to let parties negotiate with a softer approach.

Accessibility is important as well. If a mediator is not very busy and can supervise a session on short notice, that’s probably a bad sign. On the other hand, if the mediator is so busy that it takes several months to schedule a date, that’s probably a bad sign too. No one is worth that kind of wait.

**Reach Out to a Hard-Working Cook County Lawyer and Mediator**

Mediation usually works. For a free consultation with an experienced [Chicago divorce mediator, contact Gordon & Perlut, LLC](https://familylawadvocate.com/family-law/mediation/) at 312-360-0250. After-hours and virtual visits are available.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce Mediator

**Tags:** divorce mediation

---

### [Child Support in Chicago - High-Asset Divorces](https://familylawadvocate.com/childsupportchicago/)

**Published:** March 17, 2015
**Author:** familylawadvocate

**Content:**

**Child Support in Chicago – High-Asset Divorces**

[By M; Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

What’s a reasonable amount of[ child support](https://familylawadvocate.com/divorce/child-support/ "child support") when a wealthy couple decides to[ file for divorce in Chicago](https://familylawadvocate.com/divorce/steps-for-filing-divorce/ "filling for Divorce in Chicago")? According to a recent article in the *Chicago Sun-Times*, the current divorce proceedings between the Chicago billionaire Ken Griffin and his wife, Anne Dias Griffin, are raising questions about the type and amount of child support that can be expected in a high-asset case.

**High-Asset Support in a Recent Chicago Case**

Specifically, Dias Griffin has argued that “child support has to maintain the children’s lifestyle as it was during their parents’ marriage.” In this case, Dias Griffin contends that maintaining the children’s lifestyle standards during the marriage would require about $1 million per month, including the following:

-      Use of a private jet;
-      $160,000 for vacation expenses;
-      $6,800 for groceries;
-      $7,200 for meals at restaurants;
-      $8,000 in gifts; and
-      $2,000 in stationery.

Up to this point, Griffin has made monthly payments that include these expenses. However, Dias Griffin argues that her husband “missed multiple deadlines to file his required financial disclosures, which are part of the support determination.”

Are these expenses excessive, r does the state of Illinois really make child support decisions based on the lifestyle standards to which the children became accustomed during the marriage?

**Child Support Obligations and Determinations in Illinois**

It’s true that high-asset divorce cases come with particular problems and concerns. Indeed, when couples have hundreds of thousands of dollars—and in some cases millions, or even billions, of dollars—in various accounts, properties, and business ventures, courts can have their work cut out for them when it comes to property division. And high-asset divorces can also pose particular issues when it comes to child support. After all, the Illinois Child Support guidelines stipulate that child support obligations will be proportional to the number of children *and* the payor’s net income.

We need to take a look at the “net income” guidelines. Let’s say a couple with two children decides to file for divorce. The mother has been a stay-at-home parent for a number of years, and thus the father will be making child support payments. Now, under the Illinois guidelines, a support obligation for 2 children is 28 percent of the payor’s net income. If the payor’s net income is $20,000 per month, the support obligation (under the guidelines) will be $5,600 per month.

What if the payor’s net income, like Griffin’s, is much higher? Let’s say the payor’s net income is $100,000 per month. The support obligation under the guidelines would increase to $28,000 per month. What would a payor’s net income need to be in order for a court to stay within the guidelines and award $1 million per month in support payments?

The Griffins have 3 children. Under the guidelines, a child support payment would total 32 percent of the payor’s net income. For a $1 million per month support payment, Griffin would need to have a monthly income of more than $3.1 million. If this is the case, the court would be within the guidelines to award monthly child support payments totaling $1 million. As the Circuit Court of Cook County points out, a court will only deviate from the guidelines in rare circumstances. However, in cases where the payor’s income is very high, the likelihood that a court will deviate downwards from the guidelines grows; [how much support does a child really “need](https://familylawadvocate.com/are-extracurricular-activities-automatically-included-in-child-support/)“?

**Contact a Chicago Child Support Lawyer**

Do you have questions or concerns about child support payments and obligations? Don’t hesitate to contact an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC to learn more about how we can assist with your case.

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**Categories:** Child Support Chicago

**Tags:** Child Support High Asset Divorce, Child Support in Chicago, High-Asset Divorces

---

### [Are Immigrants Entitled to Child Support in Illinois?](https://familylawadvocate.com/are-immigrants-entitled-to-child-support-in-illinois/)

**Published:** August 8, 2022
**Author:** familylawadvocate

**Content:**

Divorce can quickly turn into an ugly situation. Couples who split up often fight about how best to divide their marital assets and split up parenting time of their shared children. One of the most difficult aspects of any divorce is the issue of child support. Child support can be ordered from either parent and is designed to provide for and protect the best interests of the children involved. Child support amounts can vary widely and are determined through an analysis of the paying parent’s financial situation, other dependents, and other factors.

## Immigrants and Child Support in Illinois

A major issue that has come to light in recent years is that of [immigrants seeking to divorce](https://familylawadvocate.com/how-immigration-status-impacts-an-illinois-divorce/) in the state. Are immigrants entitled to the same laws and protections as other citizens? Are immigrants entitled to child support in the state of Illinois? Let’s examine that question below:

According to [landerholmimmigration.com](https://landerholmimmigration.com/does-my-husband-have-to-pay-child-support-if-he-is-an-undocumented-immigrant/), a parent is responsible to pay child support regardless of their immigration status. This makes a great deal of sense, after all, because a child is both parents’ financial responsibility regardless of citizenship status. The real challenge, therefore, may not be obtaining an order for child support, but rather enforcing that order against a spouse who chooses not to comply.

## Child Support Enforcement and Immigration Law

There are now multiple agencies and government departments designed to aid and assist with child support cases regardless of immigration status. The [Illinois Department of Healthcare and Family Services](https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/Apply.aspx), for example, can not only assist any parent with obtaining a child support order but can also assist in the enforcement of that order. Not only can the department help collect current payments, but it can also assist in collecting past due payments owed. It may use a variety of methods to do so, including the following:

- Passport denial
- Credit agency reporting
- Liens
- License denial or suspension
- Court hearing
- Tax offset intercept
- Collection of unemployment benefits

## An Illinois Child Support Lawyer Can Help

Illinois state law on child support exists to make sure that children’s needs are provided for by both of their parents. Do not be afraid to utilize the state’s assistance programs to obtain child support orders or money owed to you. It is, after all, in the best interest of the child.

Navigating the state’s legal system may appear very intimidating, however, and some may choose to avoid doing so. This can be a critical error, however. To help ensure you protect your rights, whether you are a legal immigrant or not, consult with an experienced [child custody attorney in Chicago](https://familylawadvocate.com/divorce/child-custody/). You can visit us online at [www.familylawadvocate.com](https://familylawadvocate.com/) or give us a call any time. Our friendly and professional staff is here to help and will answer any questions you may have or direct you to the attorney that specializes in your type of case.

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**Categories:** Child Custody Attorney

**Tags:** immigrant child custody

---

### [Thinking About Divorce Globally](https://familylawadvocate.com/thinking-about-divorce-globally/)

**Published:** March 4, 2019
**Author:** familylawadvocate

**Content:**

**Thinking About Divorce Globally**

**By: M. Scott Gordon**

When we read about [divorce](https://familylawadvocate.com/divorce/) statistics or think about some of the cultural issues surrounding divorce, we often think about those issues in relation to the U.S., or even to the Chicago region more specifically. But how do [divorce trends](https://familylawadvocate.com/divorce/) in the U.S. compare to those in other parts of the world? And are sociocultural assumptions about divorce in this country similar to or different from those in other parts of the globe? A [recent article](https://www.psychologytoday.com/ca/blog/living-single/201902/divorce-rates-around-the-world-love-story) in Psychology Today discusses shifting trends in global divorce rates and the ways in which U.S. divorce rates compare to other regions of the world. The article reflects on a recent study conducted by researchers at the University of California, Irvine who published their findings in the peer-reviewed sociology journal Social Forces in December 2018.

If you are thinking about filing for divorce in the Chicago area, how does your situation compare to those of people in other countries? And why should a Chicago area resident care about these kinds of comparisons? We want to address both of those questions by discussing the recent article and the sociology study.

**Few Studies on Global Divorce Rates**

The article emphasizes that this study is among the first of its kind to address divorce rates across the world and how they have changed over time. While earlier studies have compared U.S. divorce rates and sociocultural issues surrounding divorce in America to those in, for example, European countries like the U.K. or Germany or Sweden, little attention has been paid to divorce rates in non-Western parts of the world. The new study wants to emphasize that there is no “center” of the globe when considering issues like divorce, and that there is a need to place seemingly disparate regions of the globe in conversation with one another when it comes to divorce rates in order to gain a better understanding of why and how divorce happens.

More precisely, the researchers in this study, Cheng-Ton Lir Wang and Evan Schofer, were interested in the ways that divorce rates are affected by “individual life experiences and choices, such as a person’s education, employment, income, and the age at which they marry.” In large part, these are questions that can be answered by examining “societal factors that might be relevant to rates of divorce, such as a nation’s level of economic development and the proportion of their women who are in the workforce.” Moreover, the researchers wanted to begin determining whether “global norms and values, such as the belief in human rights and gender equality,”[ impacted a nation’s divorce rates](https://familylawadvocate.com/how-immigration-status-impacts-an-illinois-divorce/).

**Divorce Rates Are Increasing Globally**

For the study, the researchers analyzed data from a period of nearly four decades (1970 to 2008) from 84 different countries, or nearly half of the countries in the world. By and large, they determined that divorce rates are increasing globally.

From 1970 to 2008, the rates of divorce across the globe almost doubled, with 2.6 divorces for every 1,000 married people in 1970 and 5.5 divorces for every 1,000 married people in 2008. The researchers concluded that divorce rates in the U.S. were “extreme outliers,” with higher divorce rates than most other regions of the world.

The highest divorce rates occur in Northern and Western Europe, with rates of anywhere from 4.03 to 6.55 divorces for every 1,000 married couples. Divorce rates are relatively low in Southern Europe and Latin America. However, divorce rates in Cuba, Puerto Rico, and the Dominican Republic are nearly double that of Northern and Western Europe. These are a few examples. By comparing so many regions, the researchers drew the following conclusions about countries with higher divorce rates:

- Higher level of economic development;
- More women in the workforce; and
- Higher education levels.

**Learn More from a Chicago Divorce Attorney**

Are you considering divorce? A [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Divorce Lawyer

---

### [Paternity Rules and Rights in Chicago, IL](https://familylawadvocate.com/paternity-rights-chicago/)

**Published:** May 21, 2015
**Author:** familylawadvocate

**Content:**

**Paternity Rules and Rights in Illinois**

By: M. Scott Gordon

A [father’s legal right](https://familylawadvocate.com/fathers-rights/ "father's legal right") as the father of a child is known as paternity. Under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2097&ChapterID=59 "Illinois Law"), a baby born to married parents is automatically presumed to be the child of the husband. If a husband suspects that his wife’s child is not his, he can sign a Denial of Paternity form. On the other hand, when a child is born to parents out of wedlock, the father is considered an alleged father, until he (or the mother) goes through the necessary steps to establish his [paternity](https://familylawadvocate.com/divorce/child-custody/ "Paternity"). Even in cases where a baby’s parents are living together or engaged to be married, the father must complete a legal process before his paternity will be considered official.

After paternity is established, a father’s name will be added to his child’s birth certificate. As an legal parent, a father will have certain rights and responsibilities, which parents who have not been legally recognized do not have. For example, parents can exercise control over the way that their children are raised, and they have a right to establish a close and continuing relationship with their children. Parents can also access important family medical information and other records. Responsibilities that come with being recognized as a child’s father include the obligation to pay child support if the child is not in the custody of the father. Establishing paternity builds a legal foundation for one of the most important relationships in the life of a child.

**How to Establish Paternity**

There are three principal ways to for a father to establish his paternity. First, and most simply, both parents could choose to sign a[ Voluntary Acknowledgment of Paternity](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2097&ChapterID=59 "Voluntary Acknowledgment of Paternity") form. If an alleged father signs this form, he still retains the option to withdraw his acknowledgement by completing another form called a Rescission of Voluntary Acknowledgment of Paternity. However, if either a mother or a father wishes to rescind paternity, she or he must do so within 60 days. After this limit has been reached, voluntary acknowledgements can only be challenged for a very good (and limited) reasons, such as the occurrence of fraud, duress, or a mistake of fact.

The second method of establishing paternity is through an administrative process, which is often appropriate for more complex family circumstances. In this process, Illinois Child Support Services can issue an Administrative Paternity Order, or a local family law judge can enter an Order of Paternity.

If a mother and an alleged father disagree about the paternity of her child, the mother can seek to establish paternity by involving Child Support Services or the Courts.  If either parent does not wish to cooperate with administrative procedures, [paternity can be established](https://familylawadvocate.com/why-should-i-establish-paternity/) or refuted through the court system instead. Going to Court may be required anyways, because the administrative process can not address matters of custody or visitation. The mother and alleged father will attend a court hearing and testify before a family law judge. The judge will order a paternity test to be carried out, and confirmed fathers may be obligated to cover the costs of genetic testing.

**Seek Advice and Counsel Today**
If you are being faced with a paternity issue, an experienced Chicago [family lawyer](https://familylawadvocate.com/family-law/) can help make your rights and responsibilities clear. [Gordon & Perlut, LLC](https://familylawadvocate.com/) will stand beside you and fight for your best interests. [Contact](https://familylawadvocate.com/contact-us/) our office today at for a free consultation on your paternity case.

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**Categories:** Paternity Rights in Chicago

**Tags:** Fathers Rights Paternity, Paternity Lawyer Chicago, Paternity Rules and Rights in Chicago

---

### [Surviving a Divorce with Children](https://familylawadvocate.com/survivingdivorcewithchildren/)

**Published:** January 8, 2015
**Author:** familylawadvocate

**Content:**

**Surviving a Divorce with Children**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

**Divorce is Stressful, Even without Kids**

[Deciding to divorce](https://familylawadvocate.com/divorce/information/) is stressful no matter what the circumstances might be, but divorce can be particularly difficult when children are involved.  In fact, many Chicago couples stay together for years simply to avoid putting their children through a contentious divorce.  Recent articles in the *Washington Post* and *Time Magazine* have indicated that more adults are divorcing later in life and into retirement age, largely due to parents deciding to stay together until their children are grown.

How can you[ survive a divorce](https://familylawadvocate.com/divorce/information/) with children?  It’s important to understand the impact that divorce can have on children, and it’s essential to understand coping mechanisms.  And when you have questions about child support, child custody, and visitation, don’t hesitate to contact an experienced[ Chicago divorce attorney](https://familylawadvocate.com/contact-us/).

**Impact of Divorce on Children**

According to an[ article](http://www.psychologytoday.com/blog/surviving-your-childs-adolescence/201112/the-impact-divorce-young-children-and-adolescents) in *Psychology Today*, children in varying age groups tend to respond differently to divorce.  In short, children up to ages 8 or 9 tend to react in nearly opposite ways to adolescents between the ages of 9 and 13.  Divorce affects kids of all ages, though, including adult children.

Why does divorce affect kids so drastically?  It “introduces a massive change into the life of a boy or girl no matter what the age,” since children whose parents are going through a divorce witness a number of traumatic events, including:

- Observing the loss of love between their parents;
- Having to adjust to two different homes; and
- Experiencing the “daily absence of one parent while living with the other.”

Young children are extremely dependent on their parents, and they often refuse to believe that divorce is permanent.  At the same time, young children’s short-term reactions to divorce can be quite pronounced, often involving separation anxiety, crying, clinginess, throwing tantrums, and other behavior intended to seek attention from both parents.  In short, the dependent child attempts to find ways to feel connected to the divorcing parents.

On the flip side, many adolescents respond to divorce aggressively.  Teens tend to act out, disregarding disciplinary practices of their parents and attempting to seek revenge against the parents.  The key difference, according to psychologist Carl E. Pickhardt, is that young children grieve while adolescents exercise grievances.

Pickhardt suggests that divorcing parents attempt to establish “a sense of family order and predictability.”  In practical terms, this might be done in the following ways:

- Creating new family routines;
- Establishing family rituals; and
- Reassuring kids about the security of their family, regardless of divorce.

**Coping with Children During Divorce**

In addition to showing children that they’re still part of a family even in the midst of divorce proceedings, an article in *Parents Magazine* suggests some important ways of [helping kids to cope with divorce](https://familylawadvocate.com/study-addresses-long-term-effects-of-divorce-on-kids/).  The article suggests some of the following:

- Make sure your children are comfortable in both homes—the home they shared with both parents and the new home that belongs to one of the spouses since separation;
- Help your kids to understand the terms of the new custody arrangement;
- Maintain your custody agreement amicably; and
- Remain in a close relationship as parents, even if you are no longer close as a married couple.

**Contact an Experienced Chicago Divorce Attorney**

If you have questions about getting through your divorce while helping your children to cope, an experienced Chicago divorce lawyer can assist you.  Divorces don’t need to be contentious, and we can help to ensure that your divorce goes as smoothly as possible.  Contact one of our dedicated[ Chicago divorce attorneys](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC today.

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**Categories:** Divorce

**Tags:** Divorce, Divorce with Children, Surviving a Divorce with Children

---

### [Financial Pitfalls of "Gray" Divorce](https://familylawadvocate.com/financial-pitfalls-of-gray-divorce/)

**Published:** May 6, 2016
**Author:** familylawadvocate

**Content:**

**Financial Pitfalls of “Gray” Divorce**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

The pitfalls of [filing for divorce](https://familylawadvocate.com/divorce/) at any age are discussed with some frequency in Chicago, Cook County and the surrounding areas. In recent years, scholars and legal practitioners have begun to discuss the implications of [divorce when you are already retired](https://familylawadvocate.com/5-things-to-know-about-planning-for-retirement-after-divorce/). According to a [recent article](https://www.washingtonpost.com/business/get-there/gray-divorce-can-put-split-couples-into-the-red/2016/04/08/1fa02dda-fc09-11e5-9140-e61d062438bb_story.html) in the *Washington Post*, we are not thinking about the pitfalls of “[gray divorce](https://familylawadvocate.com/divorce/)”—or divorce for people over the age of 50—perhaps as critically as we should. Indeed, as the article points out, Americans are living longer, and “baby boomers are divorcing at an unprecedented rate.” Given these two facts alone, we should all be paying more attention to the economic implications of later-life divorce.

**Splitting Your Nest Egg Between Two Households**

When you decide to file for divorce in retirement, you must be prepared for the fact that you will simply be living on less money than if you remained married and living with your spouse. For instance, as the article emphasizes, “that nest egg you worked so hard to accumulate must now be split and support two households instead of one.” Such a “splitting” of retirement savings may be more common than most Chicago area residents would believe. To be sure, about 25 percent of all Americans who currently go through a divorce are over the age of 50.

Do not make the mistake of assuming that keeping your marital home may allow you to maintain a lifestyle you became accustomed to during your marriage. As an [article](http://money.usnews.com/money/retirement/articles/2015/04/24/7-things-to-know-about-divorcing-during-your-senior-years) from *U.S. News & World Report* points out, seniors who want to stay in the marital home need to recognize that the home has a value. As such, in order to keep the house, that spouse will need to give up something (likely significant) in order to balance out the division of property. But when a single person decides to remain in a home that was previously the responsibility of at least two people, the financial costs could be greater than expected. Indeed, many seniors who get divorced and keep the marital home are not thinking about the high taxes associated with the property (which were previously shared between spouses) or the maintenance costs of the home.

Even for wealthier couples, the *Washington Post* article declares, the standard of living shifts after a gray divorce. Typically, there is just not enough money to maintain a particular lifestyle when you begin splitting assets.

**Other Factors to Consider**

In addition to the sheer financial impacts of divorce during a couple’s retirement years, there are other issues to consider. For instance, many married couples wait to divorce until they are older because they have concerns about their children and the potentially detrimental impact of child custody proceedings. However, as the *U.S. News & World Report* articles underscores, just because you are getting divorced when you are older does not mean your children are entirely absent from the equation.

To be sure, the article intimates that many seniors discover that their adult children “react emotionally to their parents’ divorce.” While a gray divorce usually eradicates the need to deal with issues of parenting time and parenting responsibilities, the emotional and psychological effects of divorce may exist regardless.

If you have questions about filing for divorce in retirement, you should discuss your situation with an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/). An advocate at the law offices of Gordon & Perlut, LLC can help. [Contact us](https://familylawadvocate.com/contact-us/) today to learn more about our services.

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**Categories:** Divorce

---

### [Beware the Dangers of Commingling Assets](https://familylawadvocate.com/beware-the-dangers-of-commingling-assets/)

**Published:** February 17, 2016
**Author:** familylawadvocate

**Content:**

**Beware the Dangers of Commingling Assets**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

In theory, the [task of property division in an Illinois divorce](http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm) should be simple: Each party walks away from the divorce with all property they had acquired prior to the marriage along with any property they received by gift or by inheritance. Any property the couple acquired during the course of the marriage, or any property one of them had acquired before the marriage but thereafter titled in both of their names, would be divided equitably and fairly between the parties.

In reality, property division can be an extremely contentious and confusing process, especially where the parties do not agree as to whether a particular item of property is a marital [asset subject to division](https://familylawadvocate.com/common-complications-in-chicago-area-asset-division/) or a non-marital asset.

**How Could There Be Confusion Between a Marital or Non-marital Asset?

It would seem that the delineation between [what constitutes a marital asset and what constitutes a non-marital asset](https://familylawadvocate.com/divorce/property-division/) is rather clear. How, then, can property division become contentious and legal battles be fought over how to classify a particular asset or item of property? There are several situations in which a non-marital asset loses this designation and becomes a marital asset at some point during the marriage. One of the ways this can occur is through the process known as *commingling*.

**An Example of the Dangers of Commingling Assets**

Commingling occurs when a non-marital asset (typically cash) is combined with a marital asset in such a way that it is impossible to tell the two assets apart. The classic example of commingling involves a spouse who receives $5,000 in inheritance and promptly deposits the check in the joint checking account the spouse shares with her partner. Over the next several years, other money is deposited into the account and money is withdrawn from the account to pay for household expenses. When the couple divorces after several years, the joint checking account has a balance of $6,000. The spouse’s partner would have a strong argument that commingling has occurred and the entire balance of the checking account should be equitably divided.

The spouse’s partner’s argument in support of such a proposition would point out that since the $5,000 was deposited in the joint checking account the balance of that account has risen and fallen as the economic situation of the spouses has changed and as bills have been paid. There is no way for a court to determine whether any part of the $5,000 inheritance remains or whether the inheritance was spent paying for the couple’s expenses.

**How to Avoid Problems with Commingling

One of the easiest ways to avoid potential commingling problems in the future is to keep all separate property truly separate. If you receive an inheritance or a gift of cash, for example, deposit this money in a separate account that belongs only to you.

Gordon & Perlut, LLC’ team of Chicago property division lawyers are well-versed in the difference between marital and non-marital assets and are ready to assist you in helping you achieve a swift and satisfactory resolution to your property division battles. Contact either us at either our Chicago or Skokie offices by telephone to enlist our services, or [complete and submit our online form](https://familylawadvocate.com/contact-us/).

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---

### [How Does The Court Decide Visitation In Illinois?](https://familylawadvocate.com/how-does-the-court-decide-visitation-in-illinois/)

**Published:** January 16, 2023
**Author:** familylawadvocate

**Content:**

Child custody is usually a major sticking point when you get divorced. Fortunately, experienced child custody lawyers in Skokie can fight for your rights so you can see your children as much as possible. Talk to our [Skokie child custody lawyer](https://familylawadvocate.com/divorce/visitation/) at Gordon & Perlut, LLC today for assistance.

## How Will Child Visitation Be Handled In Your Divorce?

While we no longer use the term “custody” in Illinois (the term now is “allocation of parental responsibilities”) if you receive what we used to refer to as [joint custody in Illinois](https://www.dhs.state.il.us/page.aspx?Item=13298), a joint parenting agreement is in effect. This lays out each parent’s rights and responsibilities for each child. The parenting agreement also has steps to resolve parenting disputes.

However, if the court finds you are not responsible enough or cannot cooperate with your spouse for “joint custody”, then sole decision-making is provided to one parent. Sole decision-making/custody means one parent has the right to decide significant issues in each child’s life.

However, that decision-making does not mean you do not have visitation rights with your child. The schedule set forth in your final Order will decide your parenting time for visitation that the ex-spouses agree to. The court will set the visitation schedule.

The visitation schedule could have roughly equal [parenting time](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division/Child-Related-Issues#87145-parenting-time). However, it also could state that one of the parents will have more time with the child than the other.

## Can The Judge Order No Visitation Or Supervised Visitation In Illinois?

Yes. If the judge decides a parent is unfit, they may be provided with supervised visits. That means they can only see the child when a responsible adult is present. This service will need to be paid if you need a social worker to supervise the child visitation. This can cost more than $20 per hour, so it is best if you have a friend or family member agree to supervise you.

## What Happens To Child Custody And Visitation If You Move?

What if you live in Skokie near the Westfield Old Orchard and Northshore Sculpture Park? Under state law, a parent moving to another city or state that is more than 25 miles away can cause a change in child custody. Therefore, the moving parent must tell the other parent and file a notice with the family court. You cannot move and take the child without this notice and approval of the Court.

If the moving parent provides notice to the court and the other parent says ok, they can move. However, if the other parent does not sign off, you must file a court petition to approve the move.

## Talk To Our Skokie Child Custody Attorneys Today

Are you getting divorced in Skokie or elsewhere in the Chicago area? Visitation with your child can be complicated in some situations if you have children. Talk to a Skokie child custody lawyer to discuss your legal rights.

Our lawyers in Skokie can assist with your child custody and visitation issues. Our lawyers handle divorce and child custody cases in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please [contact Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC at (312) 360-0250 for assistance.

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### [How Immigration Status Impacts An Illinois Divorce](https://familylawadvocate.com/how-immigration-status-impacts-an-illinois-divorce/)

**Published:** January 10, 2023
**Author:** familylawadvocate

**Content:**

Divorce is always painful and complicated. But divorce can be even more challenging when your immigration status depends on your spouse. However, getting divorced does not necessarily mean you will be deported, but you should discuss your case immediately with a [Chicago immigration divorce lawyer](https://familylawadvocate.com/immigration-and-divorce-important-things-to-know/).

## How Your Divorce May Affect Immigration Status

Getting divorced in Illinois will not automatically revoke your permanent resident card for the US. However, it has an effect if you have a non-resident immigration status:

### Dependent Visa

This visa is given to a spouse who entered the United States under the other spouse’s visa. For example, your [H-4 visa](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/employment-authorization-for-certain-h-4-dependent-spouses) depends on your partner’s H-1B visa.

### Conditional Residency

This status is given to the spouse of an immigrant that has been married to a US citizen or permanent resident for at least two years.

A conditional resident has three years to become a citizen instead of the normal five years. To qualify, you must prove that you were married to a US citizen or permanent resident for at least three years. But if you divorce before the three years is finished, you must wait five years to apply for citizenship.

Do you want to become a US permanent resident after a divorce? First, you must file [Form I-751 – Petition to Remove Conditions On Residence](https://www.uscis.gov/i-751). You also must make a request to waive the usual requirement to file the form with your spouse.

However, the US government will take action if you have a dependent visa. They will revoke your immigration status automatically after the divorce is finalized. If verbal or physical abuse was part of the marriage, you might be able to address this issue with a Chicago immigration divorce lawyer.

## Divorce And Permanent Residency

If you are a conditional resident of the US, you must file for permanent resident status after two years in the US. Also, you will lose your status and be deported if you divorce. But if you got permanent residency before the divorce, it does not affect your status.

Further, non-citizens who divorce must wait five years to get a permanent residency card. This is two years more than the usual three years if you were married and were a conditional resident. After you qualify for a green card, the government will check your immigration history and will want to know if the marriage was not fraudulent.

## Talk To Our Chicago Immigration Divorce Lawyer

If you are in the middle of a divorce in Chicago, your immigration status can be a complicating factor. What happens to you if you are not a citizen of the United States and your being here legally depends on being married? Talk to a Chicago immigration divorce lawyer today for assistance about this important issue.

Our Chicago divorce attorneys can help with your divorce issues. Our attorneys handle cases in Chicago, Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please[ contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for help.

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### [Are Extracurricular Activities Automatically Included In Child Support?](https://familylawadvocate.com/are-extracurricular-activities-automatically-included-in-child-support/)

**Published:** December 26, 2022
**Author:** familylawadvocate

**Content:**

Most parents say raising children means giving them food and a place to live. Sports, clubs, and lessons are a key part of your life. If you and your spouse divorce, consider child support and how extracurricular activities will be paid for. If you have questions about Illinois child support, talk to our [Chicago child support lawyers](https://familylawadvocate.com/divorce/information/) for assistance.

## What Does Child Support In Illinois Cover?

When a couple divorces in Illinois, one parent is usually given primary custody of the children. The other parent is required to [pay child support](https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm) in most cases. Child support is intended to cover the reasonable costs of raising a child, including:

- Food
- Housing
- Clothing

The family court calculates the income of both parents to determine how much child support should be paid. But [extracurricular activities](https://www.unhappymarriage.info/are-extracurricular-activities-included-in-child-support/) are an extra cost that the Court will determine separately; it is not included in the regular child support.

It is possible to successfully argue that music programs, language lessons, sports, and other activities are important enough for the child to warrant each parent contributing to these expenses, up and above child support. However, you may need the help of a Chicago child support lawyer to make this argument successfully.

Non-essential extras, such as a tuxedo, or a prom dress are often not seen as expenses that should be included in child support. Instead, these are considered extras that the parents will need to address themselves.

Other extra expenses that probably will not be included in child support are tuition for private school, jewelry, plastic surgery, and expensive designer clothing. Costs of field trips to Shedd Aquarium, Millennium Park, and Lincoln Park Zoo also might be included in child support, but talk to your attorney about them.

## What About Summer Camp?

If a summer camp is an extracurricular activity, it’s a necessary childcare expense. If the camp replaces daycare, this is an expense that will need to be shared. As a result, some parents need to split summer camp costs.

Many non-custodial parents feel that they are being taken advantage of with the costs of extracurricular activities. Talk to an attorney today if you think you should not have to pay for an extra activity in your child support payment.

## Talk To Our Chicago Child Support Lawyers Today

Child custody and child support are usually one of the most contentious divorce issues. Who will have primary custody, and how much will child support cost you? What about afterschool activities, and who pays for them?

If you have issues with child support and extracurricular activity costs, our Chicago child support lawyers are here to help. Our attorneys work on child support cases in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 to help with child support issues.

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**Tags:** extracurricular activities

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### [Why Everyone Considering Divorce Should Want Divorce Mediation](https://familylawadvocate.com/why-everyone-considering-divorce-should-want-divorce-mediation/)

**Published:** December 19, 2022
**Author:** familylawadvocate

**Content:**

Going through a divorce is painful and stressful. What if you can get divorced faster with less stress? Divorce mediation could be the answer.

Learn about the benefits of divorce mediation below. If you are interested in mediation, talk to the [Chicago divorce mediators ](https://familylawadvocate.com/family-law/mediation/)at Gordon & Perlut, LLC today.

## What Is Divorce Mediation?

Mediation is not a new idea. It is an alternative dispute resolution process used more than 2,000 years ago in ancient Greece. Mediation has been used in various ways over the years, including property disputes, child custody disagreements, neighbor issues, and more.

In recent years, [mediation has been used to resolve divorces](https://www.bexar.org/1369/Mediation) so that a long, expensive, and emotionally exhausting process can be avoided. Instead, you and your spouse bring the disagreement to a neutral legal mediator who helps to resolve the divorce.

Some of the topics a divorce mediator may cover are:

- How to plan child custody and visitation
- How financial support will be provided to the children
- How marital property and debts will be divided
- Who potentially will receive alimony (maintenance), and how much

If you can reach an agreement, the mediator will draft a Memorandum of Understanding. It will list all of the agreements made during the session. No one ‘wins’ during mediation; the idea is to come out of mediation with an agreement that works for both sides. Other benefits of divorce mediation are:

## Less Time And Money

Many divorces take a long time and are expensive. If your case goes to court, it will probably take many months to get a time set with the judge. Some divorces can take over two years because of court scheduling problems. Most people do not want a divorce pending for that long.

On the other hand, divorce mediation can take less than three months. Therefore, ending your marriage faster allows you to move on and heal quicker. Also, you are not required to have a divorce lawyer if both parties agree to mediation, although it is strongly recommended that each party have a lawyer they can consult with. This will save thousands of dollars in court costs. Remember, [many divorces cost $100,000 or more](https://www.forbes.com/advisor/legal/divorce/how-much-does-divorce-cost/) when child custody and significant assets are involved.

## Mediation Is Fairer

Divorce lawyers are highly trained professionals, but hiring one means giving a lot of control to someone you do not know. In mediation, you are in control of your future. Hopefully, both sides can get what they want and leave the sessions satisfied.

## Talk To A Chicago Divorce Mediator Now

Divorce is common in the United States. If you are in this situation, it is recommended to use divorce mediation to reduce the costs, time, and stress of this upsetting process. A Chicago divorce mediator can help to resolve your situation.

Our Chicago divorce mediators at Gordon & Perlut, LLC serve the communities of Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 to find out if divorce mediation will help you.

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**Tags:** mediation

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### [Conversations All Couples Should Have Before Marriage](https://familylawadvocate.com/conversations-all-couples-should-have-before-marriage/)

**Published:** December 12, 2022
**Author:** familylawadvocate

**Content:**

You met the love of your life in Skokie near the Emily Oats Nature Center and Northshore Sculpture Park. Naturally, you want to get married. Before committing, you should have a frank conversation with your potential partner about [common marital issues](https://www.womenshealthmag.com/relationships/a19925532/conversations-to-have-before-getting-married/).

Doing so can help you avoid serious problems that may lead to divorce.
Before tying the knot, you should talk to your partner about the topics below. If you have questions about divorce, talk to our [Skokie family law attorneys](https://familylawadvocate.com/family-law/) at Gordon & Perlut, LLC.

## Money And Finance

One of the most common disagreements in marriage is money. When discussing marriage, it is essential to talk to your partner about how they view money. Questions to ask your partner are:

- Do you like to save or spend money? Which gives you more satisfaction?
- If you have extra money every month, what do you do with it?
- Do you want to have separate or joint bank accounts?
- How will you split the expenses?
- How do you budget money? Do you budget?

## Your Family

Another common sore spot with married couples is their extended families. Talk to your partner about their family and find out how well they get along. Also, ask about family traditions and how they expect you will spend your holidays. If your spouse comes from a different ethnic or religious background, discussing how they view family and related matters is critical.

## Communication

Men tend to withdraw when there is conflict in a relationship, and women usually want to communicate. This difference between men and women is part of physiology. However, it is a typical marriage pattern and can lead to significant issues.

To avoid communication problems, find out if your partner tends to withdraw during an argument to avoid communication problems. Knowing how your partner communicates is vital.

## Having Children

Some spouses want children, and some do not, which is a big problem in many divorces. Also, partners have different parenting styles; some are more permissive, while others are strict.

Also, discuss how marriage will change when children enter the picture. Some people want their lives to revolve around children. These people want everything they do outside work to be about the kids. However, while they love their children, other parents want to pursue their careers and hobbies.

Marriage is terrific, but there can be a lot of conflict and stress. Communicating with your partner about these hot-button topics gives you a better chance of avoiding divorce court.

## Talk To Our Skokie Family Law Attorneys Today

Divorce happens in about [¼ of marriages today](https://courses.lumenlearning.com/suny-hccc-marriageandfamily/chapter/14-divorce/), but there are ways to avoid it. Talking to your potential spouse about common marital issues can help keep your union strong.

However, if you need to divorce, our Skokie family law attorneys can assist you with effective legal representation. Our family law attorneys also can help if you live in the communities of Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for assistance today.

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### [Tax Implications Of Shared Custody](https://familylawadvocate.com/tax-implications-of-shared-custody/)

**Published:** December 5, 2022
**Author:** familylawadvocate

**Content:**

Child custody issues are one of the most stressful parts of a divorce. If you share custody of the children with your ex-spouse, there are tax implications. Learn about common tax implications of a shared custody agreement and speak to [Skokie child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) if you need legal assistance.

## Who Can Claim The Child On Their Tax Return?

Usually, the parent who has primary custody [claims the child on their tax return](https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents/dependents-3). However, if a joint custody agreement exists, the parent with the highest income should claim the child on their return.

Note that the IRS states that the custodial parent has 183 nights with the child or more per year. Therefore, if the parents share the child 50/50, one of them has to have at least one additional overnight stay than the other. This is because there are an odd number of days in the year – 365.

The IRS states the term ‘dual custodial parents’ does not exist when there is equal custody. So, one of the parents has to claim the tax advantage, but both cannot.

## Can You Both Claim The Child On Your Tax Return?

No. When there is a shared custody agreement in Illinois, only one of you may claim the child on a tax return if you file separately. If you both try to claim the dependent, only one of the returns will be accepted.

However, the child could be considered a qualifying child by both of you. But when you want certain tax benefits, only one parent can claim him as a qualifying child. Some benefits where this may apply include the Child and Dependent Care Credit, Earned Income Tax Credit, and filing as the head of household.

## Try To Agree On Who Will Get The Tax Benefit

You might think you have 183 nights per year with your child. However, a two-week vacation or holidays can suddenly make the other parent have more nights on their side. Because of this unusual aspect of the law, it is wise for the parents to decide who will claim the children on their taxes.

Many parents with shared custody of (say) two children divide the tax benefits in half (one each). They also can alternate years where the children are claimed by one parent and the other the following year.

## Talk To Our Skokie Child Custody Lawyers Now

One of the most challenging parts of a divorce is questions about child custody. For example, who will get the children, and how will visitation be set up? Also, there are tax implications of your child custody agreement to consider.

Our Skokie child custody lawyers can help you with divorce and child custody concerns.  Our attorneys are pleased to work with clients in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for help with your child custody concerns.

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**Tags:** Child Custody, tax implications

---

### [How To Avoid Unnecessary Costs In An Illinois Divorce](https://familylawadvocate.com/how-to-avoid-unnecessary-costs-in-an-illinois-divorce/)

**Published:** November 28, 2022
**Author:** familylawadvocate

**Content:**

Filing for divorce is one of the most challenging experiences people go through. Unfortunately, approximately [¼ of marriages end in divorce](https://www.psychologytoday.com/us/blog/heart-the-matter/201704/do-half-all-marriages-really-end-in-divorce). One of the aspects that make divorce so difficult is the expense. A simple, uncontested divorce may cost only a few thousand dollars, but a complicated divorce can set you back $100,000.

However, there are ways to reduce the cost of your Illinois divorce. If you have questions about divorce, talk to the [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) at Gordon & Perlut, LLC.

## Be Prepared When Meeting With Your Lawyer

Chicago divorce attorneys, like most places, bill by the hour. It is possible to reduce your divorce bill by using their time in the most efficient way possible. How?

Be sure you are prepared for every meeting with your divorce attorney. Whether you will discuss child custody, property division, or alimony, come to the meeting with all the necessary documents. For example, have a list of your shared assets and debts and essential financial documents.

The divorce will be more expensive if your attorney has to dig for information. Avoid this expense by doing some of the administrative and prep work yourself.

## Decide What Is Most Important

In a perfect world in a divorce, you might get the house, child custody, and most of your shared assets. However, that probably will not happen in the real world. So, figure out which fights are worth the most money to you.

For example, if having custody of your two children is more important than keeping the house, tell your attorney. Inform them about what matters most to you, so they know how to allocate your resources most efficiently.

Remember, you need to be ready to negotiate in any divorce. The costliest divorces are always when the spouses cannot negotiate an agreement without getting the court involved, conducting a Trial, etc. If you can compromise, you can save thousands in legal fees. You can win the house in court, but is it worth $50,000 in additional costs?

## Consider An Uncontested Divorce

An [uncontested divorce](https://www.illinoiscourts.gov/forms/approved-forms/forms-circuit-court/divorce-child-support-maintenance) where both sides share an attorney is the least expensive. Unfortunately, it’s often impossible to have a divorce uncontested. However, if both parties can agree to the split and the division of assets, you can get through some divorces for less than $5,000.

## Talk To Chicago Divorce Attorneys Now

Divorce is usually emotional and challenging and, in many cases, expensive. If you are considering divorce, you know that splitting from your partner can cost a lot of money. However, with planning, there are ways to control costs.

Our Chicago divorce attorneys can assist with your divorce so you have the best outcome at a price you can afford. Our divorce attorneys also work with the communities of Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250 for help with your divorce.

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### [How To Talk To Your Children About Divorce](https://familylawadvocate.com/how-to-talk-to-your-children-about-divorce/)

**Published:** November 21, 2022
**Author:** familylawadvocate

**Content:**

One of the most painful aspects of divorce is breaking the news to your children. When you are sure you are getting a divorce, it is critical to inform your children before they find out another way. Can you imagine how devastating it would be to hear about the breakup through a friend or family member?

With appropriate thought and planning, you can talk to your children about the divorce and help them get used to it. Learn about how to talk to your kids about divorce below. Then contact our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) if you have questions about the divorce process.

## Plan Your Discussion In Advance

When talking to the kids about your divorce, the most important thing is to do it calmly and carefully. Protecting your children from any anger and sadness, you feel about the situation is critical. Can you and your spouse tell the children together? This is preferred if both of you can do so in a unified voice.

[Many mental health experts recommend](https://www.psychologytoday.com/us/blog/better-divorce/202002/how-tell-your-kids-you-re-getting-separation-or-divorce) telling the children on a day when you will have several hours together. For example, you might take them to the beach or park, have family fun, and incorporate this difficult discussion into the day. However, you should not talk to them about it on a holiday or before they go to bed.

## Don’t Blame Anyone

Divorce is a highly upsetting experience; you should never blame the other spouse in speaking with your children. Some parents feel they owe their children a simple explanation of what went wrong, such as infidelity. However, children will feel stuck in the middle if blame is assigned.

The details of why the divorce happened do not matter as much to the children as you might think. Instead, focus on giving your children the reassurance and emotional support they need.

## Tell The Children Together

If you have more than one child, ensure all of them are told together and simultaneously. It does not help the situation if one child tells the other. If [the children are many years apart](https://www.todaysparent.com/family/kids-and-divorce-an-age-by-age-guide/), you should still tell them together. But keep it simple in the initial conversation if one child is younger than the other. Then follow up with the older child later.

## Talk About What Will Change And Will Not

Like you, the children will be concerned about divorce. Where will the kids live? Who will they live with? Are we moving? Tell them about what will change, and also be honest if you don’t know the answers yet; be honest about it.

## Talk To Chicago and Skokie Divorce Attorneys Now

There are many challenging aspects to a divorce. For example, how will you separate your finances from your spouse? Where will you live? How will your kids handle the breakup? When so much is at stake, working with divorce attorneys who will fight for your rights is vital.

Our experienced Chicago and Skokie divorce attorneys can help and also work with clients in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette.

Divorce is a stressful and upsetting experience, but you are not alone. Please contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) at (312) 360-0250.

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### [What Are The Benefits Of Co-Parenting For The Children?](https://familylawadvocate.com/what-are-the-benefits-of-co-parenting-for-the-children/)

**Published:** October 31, 2022
**Author:** familylawadvocate

**Content:**

Divorced parents often say co-parenting is one of the most challenging issues in their changed relationship. In most cases, children suffer problems and trauma from divorce because they feel torn between their parents. However, if you can establish an effective [co-parenting routine](https://www.verywellfamily.com/tips-to-succeed-as-a-co-parenting-father-4129032) with your ex-spouse, your children can prosper despite the divorce.

Learn below about co-parenting benefits and how to co-parent effectively. Then, if you have questions about child custody and divorce, talk to the [Chicago child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) Gordon Perlut, LLC, today.

## Co-Parenting Benefits

While working with your ex-spouse in a co-parenting arrangement can be stressful, the arrangement has many benefits for the kids:

- They feel more secure: When the children feel the love of both parents regularly, they adjust faster and better to the divorce. They also have an increase in self-esteem.
- [More consistency](https://www.helpguide.org/articles/parenting-family/co-parenting-tips-for-divorced-parents.htm): Co-parenting usually means more consistent discipline, rules, and rewards between the two homes. Children better understand what to expect and what each parent expects from them.
- Better problem-solving: When the kids see parents working together to solve problems, they will often learn to problem-solve better themselves.
- They have healthier adult examples: If the kids see you cooperating with the other parent, they learn a positive life pattern to emulate.
- Better emotional and mental health: Children who experience conflict between quarreling spouses are more likely to have mental health issues, including anxiety and depression.

## How to Co-Parent Harmoniously

### Put Aside Your Anger and Hurt Feelings

Co-parenting effectively with your ex means putting aside your negative emotions about them. One of the most challenging parts of co-parenting is putting your feelings aside. But it is not possible to co-parent well without doing so.

Also, remember to focus on the children and not on your personal feelings. For example, if you feel anger when you see your ex-partner, put your children’s best interests at the top of your mind.

### Keep The Children Out Of The Middle

Once you put aside your feelings about your ex, next you should avoid putting the kids in the middle of the situation. Here’s how:

Don’t use your children to convey messages: If the children give messages to your ex-partner, it puts them in the middle of the conflict. Contact your ex directly instead.

Keep contentious issues to yourself: Do not say negative things about your ex-spouse to the children. Also, never make them feel like they need to choose between you.

### Enhance Communication With The Other Parent

Co-parenting effectively also means communicating effectively with your ex-spouse. Before you contact your ex, think about how your actions will affect your children.

You also can improve communication with your ex-partner by:

- Setting a professional tone: Look at the relationship with your ex as a business transaction. Talk to them like you would to a co-worker.
- Making requests instead of demands: If you need your ex to pick up the children earlier, ask politely instead of saying, ‘I need you to pick up the kids sooner.’
- Listening: Make sure you listen to the other parent and that you have heard their point of view.

## Talk to Chicago Child Custody Attorneys Today

Unless your family has experienced domestic violence or another major issue, co-parenting is often the best way to ensure the children’s needs are met. While joint custody can be challenging if you have a problematic relationship with your ex-spouse, both parents should work together for the children.

If you are divorcing and child custody is a central issue, the Chicago child custody attorneys at Gordon Perlut, LLC, are ready to help. Our attorneys know how to advocate for your parental rights aggressively and will give you the best opportunity to have your voice heard. We also serve the communities of Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Rolling Meadows, and Wilmette [contact our Chicago child custody attorneys](https://familylawadvocate.com/contact-us/) at (312) 360-0250.

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**Categories:** Child Custody Attorney

**Tags:** Child Custody

---

### [How are Support Collections Enforced if My Ex Left the Country?](https://familylawadvocate.com/how-are-support-collections-enforced-if-my-ex-left-the-country/)

**Published:** October 17, 2022
**Author:** familylawadvocate

**Content:**

Following a divorce or separation, the non-custodial parent—the person who lacks primary physical possession of the child—will generally be required to pay child support. Unfortunately, some parents struggle to get the full child support payments that they are owed.

Enforcing child support obligations can be especially challenging if your co-parent leaves the country. Our [child support lawyers in Skokie](https://familylawadvocate.com/divorce/child-support/) and Chicago provide an overview of how child support collections are enforced if your co-parent left the United States.

## You Have the Right to Enforce Child Support Obligations

As background, it is important to note that many parents struggle to get full child support. The [United States Census Bureau](https://www.census.gov/newsroom/press-releases/2018/cb18-tps03.html) has published official data showing that just 44% of custodial parents actually receive the full child support payments that they are due under the law.

There are several different enforcement options available to collect delinquent child support payments. If you are owed child support, it is important to be proactive. You have a right to use every available tool—from wage garnishments to tax refund seizures—to collect the money.

### Collecting Child Support When a Parent Leaves the Country

Child support orders can be enforced from state to state relatively easily. If your co-parent leaves Illinois and moves to another state—whether across the border to Wisconsin or across the country to Alaska—there is a strong system in place to enforce child support obligations. However, it is more challenging to enforce child support against a person who leaves the country. Here are three key things to know about collecting child support from a parent who has left the United States:

- **Try a Collaborative Approach First:** If your co-parent who owes child support is planning to or has already left the United States, it is usually best to start with a collaborative approach. This means trying to get them to voluntarily do the right thing.
- **The U.S. Has Some International Child Support Enforcement Agreements:** Your options for enforcing child support depend, in part, on the country where your ex moved. The United States has some international child support enforcement agreements in place. The [Office of Child Support Enforcement](https://www.acf.hhs.gov/css/partners/international) provides a full list. Most European countries are covered. Some countries from other regions—such as Canada, El Salvador, Honduras, Brazil, and Israel—are also covered.
- **You Can Take Action Against U.S. Property and Assets:** A person who leaves the country may still have American assets. You can take action against any U.S.-based assets to enforce overdue child support—from bank accounts to real property.

### Consult With Our Skokie, IL Child Support Attorneys Today

At ​​Gordon & Perlut, LLC, our Illinois child support lawyers have the skills and experience to help you collect on delinquent child support. If you are trying to collect child support for a co-parent who has left the country, we are here as a resource. [Contact us now to set up your fully confidential initial consultation](https://familylawadvocate.com/contact-us/). From our Chicago and Skokie law offices, we handle child support cases in Cook County and throughout the North Shore.

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**Categories:** Child Support Lawyer

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### [How to Keep Your Divorce Costs From Escalating](https://familylawadvocate.com/how-to-keep-your-divorce-costs-from-escalating/)

**Published:** October 10, 2022
**Author:** familylawadvocate

**Content:**

A divorce can put a lot of strain on a person and their family. Even when divorce is the right decision and both spouses agree that it is time to move on, it is still not easy to go through the process. One of the biggest concerns:

***Keeping a divorce from becoming too expensive.***

The good news is that there are proactive steps you can take to keep a divorce affordable. In this article, our [Skokie divorce lawyers](https://familylawadvocate.com/divorce/) offer some guidance for keeping your divorce costs from spiraling out of control.

## Divorce Can be Costly—But it Does Not Have to be That Way

Divorce has the potential to be costly for several different reasons. A divorce that drags on and ends up in court is likely to be expensive. A divorce that results in an unfair property division settlement is likely to be expensive—at least for you. A divorce that is not handled properly will require revised paperwork, which can also add a lot to the overall costs. At the same time, it is important to emphasize that a divorce does not have to be cost-prohibitive.

### The Best Way to Keep Divorce Costs Down is to Avoid Litigation

How to keep your divorce costs from escalating? The most important thing you can do is avoid litigation. The simple reality is that divorce litigation is time-consuming and it will cost money. Most divorcing couples can avoid litigation. As noted by [Forbes Magazine](https://www.forbes.com/sites/frawleypollock/2020/02/18/divorce-dilemma-settle-or-go-to-trial/?sh=18a38757118e), only a relatively small share of divorces goes to trial. While comprehensive data is not available, the best estimates suggest that fewer than five percent of divorces require litigation.

In Illinois, married couples can get a no-fault, uncontested divorce. In effect, this means that the couple negotiates a settlement outside of court. They will still have to file some paperwork—but the actual legal process will be relatively fast, straightforward, and inexpensive once a comprehensive divorce settlement is reached. The challenge is that many divorcing couples struggle to get on the same page to reach an agreement.

### Our Chicago and Skokie Divorce Attorneys Can Help You Get a Favorable Settlement

You can keep your divorce costs from escalating by taking a proactive approach. Among other things, this means obtaining legal representation sooner rather than later. ​Gordon & Perlut, LLC is a Chicago and North Shore family & divorce law firm that puts a strong emphasis on affordable legal services. We are committed to helping our clients keep their costs down. At the same time, we also work tirelessly to protect their rights and interests. In most cases, this means working towards a favorable divorce settlement early on in the process before a serious dispute arises.

### Speak to Our Chicago and Skokie Divorce Attorneys Today

At ​​Gordon & Perlut, LLC, our Illinois divorce lawyers are experienced, effective advocates for our clients. We strive to provide affordable legal representation. Divorce does not have to break the bank. [Contact us today](https://familylawadvocate.com/contact-us/) to arrange a free initial phone consultation. With law offices in Skokie and Chicago, our family law firm provides divorce representation throughout the North Shore.

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**Categories:** Divorce Lawyer

**Tags:** Divorce

---

### [Signs Your Spouse May Be Planning a Divorce](https://familylawadvocate.com/signs-your-spouse-may-be-planning-a-divorce/)

**Published:** October 3, 2022
**Author:** familylawadvocate

**Content:**

Are you concerned that your spouse may be planning to file for a divorce? When channels of communication are not open, some common indicators suggest that a divorce filing may be imminent. Our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) highlight four signs that your spouse may be planning to file for divorce and what you need to know about your rights.

## Four Signs That Your Spouse May be Considering a Divorce

 **1. You are Spending Less Time With Your Spouse**

One of the early warning signs of an impending divorce: Couples suddenly spending less time together. A drop in time together and problems with communication could be a sign of an impending divorce.

 **2. Physical and Emotional Intimacy is Gone**

Before a divorce filing, most married couples see a decrease in physical and emotional intimacy. If the intimacy is gone—especially on their end—it could be a sign of a plan for a divorce.

 **3. Something Unusual is Happening With Your Finances**

Watch your finances. Most people take financial action to plan for a divorce. They may move money around, open new accounts, or organize records. If you notice something unusual with your finances, that could be a warning sign of an imminent divorce.

 **4. You Know Your Spouse Consulted With a Family Lawyer**

Do you know that your spouse spoke to or met with a family law attorney? If so, that is a major warning sign that they are considering filing for divorce.

### You Cannot Unilaterally Stop a Divorce—But You Can Protect Your Rights and Interests

If your spouse wants to get divorced, they will be able to do so. While there may still be ways to preserve and repair the relationship, the reality is that you cannot stop a divorce in Illinois if your spouse is intent on getting one.

Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000), divorces are subject to a no-fault standard—meaning neither party needs to prove that their spouse did anything “wrong” to justify a divorce. A person can file for divorce on the grounds of “irreconcilable differences.” If your spouse is preparing to file for divorce, it is crucial that you take action to protect your best interests.

The Bottom Line: If you believe your spouse is considering filing for a divorce, you need to be proactive. Of course, it is always best to try to communicate openly and calmly about your relationship and your future. At the same time, you also need to protect your rights.

### Call Our Chicago Divorce Attorneys Today

At ​​Gordon & Perlut, LLC, our Chicago divorce lawyers provide affordable and solutions-oriented family law advocacy. If you have any questions about the divorce process, we can help. Call us now at 312-360-0250 or [contact us](https://familylawadvocate.com/contact-us/) here to arrange your fully confidential, no-obligation initial family law consultation.

With offices in Chicago and Skokie, we provide family law representation throughout the area, including in Evanston, Morton Grove, Oak Park, Cicero, Elmhurst, and Rosemont.

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**Categories:** Divorce Lawyer

**Tags:** Divorce

---

### [Why To Consider a Chicago Divorce Mediator?](https://familylawadvocate.com/why-consider-a-chicago-divorce-mediator/)

**Published:** September 27, 2022
**Author:** familylawadvocate

**Content:**

Divorce happens. The [Illinois Department of Public Health (IDPH)](https://dph.illinois.gov/data-statistics/vital-statistics/marriage-divorce-statistics.html) reports that around 75,000 married couples in the state file for divorce each year. Going through a divorce can be extremely hard. It can put a lot of emotional and financial strain on people and families. At the same time, divorce does not have to be a fight. Mediation offers a potential solution.

Mediation is a form of alternative dispute resolution (ADR) that emphasizes collaborative problem-solving. A neutral third-party mediator will help the parties to a divorce work through the remaining issues that need to be resolved. Here, our [Chicago divorce mediators](https://familylawadvocate.com/family-law/mediation/) highlight the key reasons why you should consider mediation for your divorce.

## Five Reasons to Consider Divorce Mediation in Illinois

**1. Reduce Conflict**

One of the core advantages of working with a divorce mediator is that the process is collaborative and not adversarial. Mediation is designed to limit conflict. The parties to divorce mediation are encouraged to work together in a low-conflict setting to find a way to resolve their issues in a mutually-agreeable manner. Mediation is especially effective for divorcing parents and other people who want to preserve relationships.

**2. Save Time and Money**

It is no secret that divorce litigation can drag on. Going to court for a divorce can be time-consuming and costly. It is not uncommon for divorce litigation to last more than one year. On the other hand, divorce mediation can be a lot faster and a lot more affordable. Indeed, divorce mediation allows many couples to save time and money while reaching a solution.

**3. Flexible (Customized to Your Situation)**

Divorce mediation is different for every couple. While the process has structure, it is far more flexible than divorce litigation. Some divorce couples work with a mediator together for nearly the entire process. Other divorce couples separate frequently during the proceedings. The mediator can customize the process to best suit your situation.

**4. A Confidential Process**

Did you know that litigation is part of the public record? As divorce is a highly sensitive and very personal issue, most people want to keep their privacy as much as possible. Mediation is a fully confidential process. The details of what is discussed in your divorce mediation—including the specific terms of any settlement agreement—will not become part of the public record.

**5. Fully Voluntary**

You may not be sure as to whether or not you and your spouse can work together to solve your issues through divorce mediation. The good news is that there is no real risk to trying the mediation process. It is a voluntary process. The divorce mediator facilitates an agreement—they do not make any final decisions. All parties to a divorce mediation retain the right to leave the process and pursue other legal options.

### Contact Our Chicago Divorce Mediators for Help

At ​​Gordon & Perlut, LLC, we have extensive experience with divorce mediation. If you are considering mediation or preparing for the mediation process, our legal team can help. [Contact us](https://familylawadvocate.com/contact-us/) today at 312-360-0250 for a completely confidential initial consultation. From our legal offices in Chicago and Skokie, we provide divorce mediation services throughout all of Northern Illinois.

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**Categories:** Divorce Mediator

**Tags:** divorce mediation

---

### [What is Required to Get Approved to Relocate With My Child in Illinois?](https://familylawadvocate.com/what-is-required-to-get-approved-to-relocate-with-my-child-in-illinois/)

**Published:** September 19, 2022
**Author:** familylawadvocate

**Content:**

Legal matters impacting children are among the most sensitive matters handled by the Illinois Family Courts. Decisions that are made during divorce, child custody, or other legal proceedings can impact the child’s well-being and the rights of their parents for years into the future. One of the biggest and most potentially serious issues that can arise concerns relocation. Our [Skokie child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) explain your rights and what it takes to get approval to relocate with your children.

## Relocation and Child Custody in the Skokie Area

Our Skokie child custody attorneys have decades of experience representing clients in legal matters through the [Cook County Family Court](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division). Child custody proceedings are required when getting a divorce in Illinois. Even if they are not in cases involving unmarried parents, we always encourage getting an official child custody order put in place.

This protects the best interests of both the child and their parents. Parenting plans are typically used, which address practical issues, such as visitation schedules and pick-up or drop-off arrangements. They also outline each parent’s rights and responsibilities. This includes your rights regarding child relocation.

Relocation is considered any type of move over a certain distance from where you currently live. You must petition the court and request permission for relocation prior to actually moving with your child. Failure to do so could result in the following:

- Being held in contempt of court
- Being accused of parental kidnapping
- Loss or reduction of your parental rights

## Requirements for Getting a Relocation Approved

Under the [Illinois Statutes](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), the top priority for the court in child custody proceedings is to ensure the child’s best interests are protected. In general, frequent and ongoing contact with both parents is beneficial. Therefore, the court has strict requirements regarding relocations. You must seek prior approval and accepted reasons include:

- To pursue job opportunities, such as if a move is required by your job or would help you better yourself in a career
- To take advantage of better, more suitable, or more affordable housing opportunities
- To be closer to other family members, such as parents or others who can provide support and assistance in raising your child
- To help ensure safety or obtain a fresh start, such as in the aftermath of a divorce or when the other parent is engaging in behaviors that could put you or your child at risk

## Discuss Your Case With Our Skokie Child Custody Lawyers

Not getting prior approval before relocations can have serious impacts on your rights as a parent and may even cause you to be held in contempt of court. If you are considering making any kind of move, reach out to our [Skokie child custody lawyers](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC.

We can advise you on the legal options available and assist you in obtaining court orders and other important documents. To discuss the exact circumstances surrounding your case, call 847-329-0101 or [contact our office here](https://familylawadvocate.com/contact-us/) today and request a confidential, one-on-one consultation.

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**Categories:** Child Custody Attorney

**Tags:** Child Custody

---

### [How Do I File for Legal Separation in Illinois?](https://familylawadvocate.com/how-do-i-file-for-legal-separation-in-illinois-2/)

**Published:** January 26, 2021
**Author:** familylawadvocate

**Content:**

**How Do I File for Legal Separation in Illinois?**

**By: Gordon & Perlut, LLC**

[Legal separation in Illinois](https://familylawadvocate.com/divorce/legal-separation/) is often preferable to married couples over divorce for a wide variety of reasons. Sometimes a couple has religious reasons for wanting to avoid a divorce, but the parties still want to live apart from one another and to ask the court to decide about support and maintenance. In other situations, spouses might realize that, for healthcare reasons and health insurance needs, a divorce is not practical at the time.

Accordingly, they might decide to ask the court for a legal separation in which the court decides issues concerning maintenance, child support and makes decisions about parental responsibilities while the parties remain legally married. These are just a couple of examples of reasons for a legal separation instead of a divorce. In Illinois, the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)) specifically provides terms for a legal separation.

So, how do you file for a legal separation in Illinois? We will provide you with more information.

**File a Petition for a Legal Separation

Like filing a petition for the dissolution of marriage under the IMDMA (i.e., a petition for divorce), either spouse who wants to seek a legal separation can file a petition for legal separation “in the circuit court of the county in which the petitioner or respondent resides or in which the parties last resided as husband and wife.” In other words, if you want to file a petition for a legal separation, you will need to file that petition in one of the following three court locations:

- County where you live
- County where your spouse lives; or
- County where you last lived together with your spouse as a married couple

In many Chicago legal separation cases, both spouses will live in Cook County, so the question of where to file the petition might not be an issue.

**Asking the Court to Decide About Support and Custody**

When you file a petition for legal separation, you may be seeking spousal maintenance, or you may have minor children from your marriage, which means that the court will need to allocate parental responsibilities and determine the child support obligation. Under the IMDMA, filing a petition for legal separation in Illinois allows a party to ask the court to do all these things:

- Determine whether spousal maintenance is appropriate;
- Award spousal maintenance based on the guidelines or otherwise;
- Allocate parental responsibilities; and/or
- Determine the total child support obligation and each parent’s percentage of that obligation according to the “income shares” model used in Illinois.

Keep in mind that filing a petition for a legal separation will not result in the court deciding about marital property. The court will not value or allocate marital property when a spouse files a petition for a legal separation unless the spouses have already reached an agreement about the distribution of assets and debts.

**Seek Advice from a Chicago Legal Separation Attorney

If you need advice about filing a petition for a legal separation, you should seek advice from an Illinois legal separation lawyer as soon as you can. One of the experienced family law attorneys at our firm can discuss the differences between legal separation and divorce with you today, and we can help you to get your legal separation underway. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to clients in [Cook County](https://en.wikipedia.org/wiki/Cook_County,_Illinois),[ Lake County](https://www.lakecountyil.gov/), and [DuPage County](https://www.dupagecounty.gov/?mode=full).

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**Categories:** Legal Seperation

**Tags:** Divorce, Legal Separation

---

### [What Does Primary Custodial Parent Mean?](https://familylawadvocate.com/what-does-primary-custodial-parent-mean/)

**Published:** October 28, 2021
**Author:** familylawadvocate

**Content:**

**What Does Primary Custodial Parent Mean?**

**By: Gordon & Perlut, LLC**

Most parents have firm ideas about how to raise their children and want to be as active and involved in their lives as possible. Unfortunately, getting a divorce can wreak havoc with your plans, particularly when it comes to sharing child custody with your former spouse. Depending on the circumstances, Gordon & Perlut, LLC’s [child custody lawyers in Chicago](https://familylawadvocate.com/divorce/child-custody/) may be able to arrange to have you named as your child’s primary custodian, granting you the majority share of time with them and the authority to make important decisions on their behalf.

**The Role of Primary Custodial Parents in Chicago Parenting Plans**

In [Chicago](https://www.chicago.gov/) and throughout the state of Illinois, parental rights are allocated between the parties involved in [child custody cases through the use of parenting plans](https://www.illinoiscourts.gov/Resources/6ee0e945-f9be-4082-b4b7-4b0a22f3265c/Divorce_with_Children_Parenting_Plan.pdf). In a divorce or in situations where parents are unmarried and living apart, the court may approve a joint parenting plan or name one of the parents as the child’s primary custodian. This means that:

- The child will spend much of their time in the custodial parent’s home, with visitation on weekends, holidays, and school breaks or other special occasions negotiated with the other parent.
- The primary custodial parent will be responsible for the child’s day-to-day care, including providing food and clothing, taking them to school or the doctor, and participating in extracurricular activities.
- The primary custodial parent generally has the right to receive child support from the other parent.
- The primary custodial parent will sometimes have the sole authority to make important decisions on the child’s behalf, such as in regard to their medical care, education, and religious upbringing. This is what we used to call “sole custody”.

When one party is named primary custodial parent, it does not automatically mean that the other parent has no rights. Visitation and other arrangements will depend on all the circumstances involved in the case, and decision making is another issue the court needs to decide.

**Factors in Naming One Party the Primary Custodial Parent**

The court’s primary objective in child custody cases is protecting the child’s best interest. While children are generally better off having both parents active and involved in their lives, there are circumstances where custody rights should be limited. Under the [Illinois parental responsibilities Statutes](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), factors that may influence naming one party as the child’s primary custodial parent include:

- Each parent’s current and prior relationship with the child.
- Each parent’s ability to nurture the child and meet their need.
- Each parent’s work schedule, as well as the child’s schedule regarding school and extracurricular activities.
- The proximity of the parent’s homes.
- Their ability to cooperate with each other.
- Any factors that could put the child at risk, such as accusations of domestic violence or drug and alcohol addiction.

**Discuss Your Options with Our Child Custody Lawyers in Chicago**

When it comes to protecting you and your children, you can count on Gordon & Perlut, LLC. to act as strong legal advocates on your behalf. To discuss your options regarding child custody, call or [contact our child custody lawyers in Chicago online](https://familylawadvocate.com/contact-us/) and request a consultation today.

Chicago Office – 312.360.0250

Skokie Office – 847.329.0101

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**Categories:** Child Custody Lawyers

**Tags:** custodial parent

---

### [How is Property Division Handled in a Chicago area Divorce?](https://familylawadvocate.com/how-is-property-division-handled-in-a-chicago-area-divorce/)

**Published:** September 12, 2022
**Author:** familylawadvocate

**Content:**

Property division is one of the biggest issues in divorce cases. Even in cases in which couples have not been married long, you may be entitled to significant amounts in any final settlements or divorce orders. Getting the maximum amount you are entitled to plays a key role in divorce recovery. Our [Skokie property division lawyers](https://familylawadvocate.com/divorce/property-division/) explain more about how these matters are handled in Cook County divorce proceedings.

## Marital Property Division: Making an Inventory

Regardless of the circumstances surrounding your marriage or your reasons for filing a divorce, there are certain matters that must be addressed before your divorce can be finalized. One of the most important concerns is marital property division.

When filing for divorce through the [Cook County Court](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division), you must provide financial disclosure detailing all marital property and assets you and your spouse possess. This refers to anything earned, acquired, or accumulated over the course of your marriage, such as:

- Real estate, such as homes, vacation homes, and commercial or rental properties
- Vehicles, including cars, motorcycles, campers, and boats
- Household furnishings, including artwork, antiques, and collectibles
- Hobby items and personal belongings
- Shares in businesses and online assets
- Stocks and other investments
- Money in financial accounts
- Pensions and other retirement benefits

It is important to make a complete inventory of all marital property you and your spouse possess. Our Skokie area property division lawyers can assist you in listing and valuing these items and in uncovering hidden assets through past tax returns, property records, and other means.

### Factors That Influence Skokie Marital Property Division

Under the [Illinois Statutes](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), marital property division is done on an equitable basis. This means that rather than splitting everything evenly between you and your spouse, you are entitled to a fair share based on all the specific details involved in your case. Factors a judge will consider in determining what is “equitable” in property division include:

- The amount of time you were married
- Each spouse’s current age and income
- Their health and ability to provide for themselves
- The standard of living you enjoyed during the marriage
- The contributions of each party in regards to acquiring or maintaining marital property and assets
- Any actions either party may have taken in terms of reducing the value of property or assets (such as damaging property or giving it away)
- Any other divorce-related agreements the couple may have in place, such as spousal support and child custody arrangements

## Our Skokie Property Division Lawyers Help You Get Maximum Compensation

In addition to the complex emotional issues that arise in divorce, recovering financially in the aftermath can pose significant challenges. Getting the maximum amount you are entitled to in terms of property division helps to protect your current lifestyle and your future financial security.

At Gordon & Perlut, LLC., we are here to help. Since 1998, our Skokie property division lawyers have provided the trusted legal guidance our clients need. To request a confidential consultation, call 847-329-0101 or [contact us here today](https://familylawadvocate.com/contact-us/).

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**Categories:** Property Division

**Tags:** property division

---

### [Are There Any Exceptions to What Can be Included in a Prenuptial Agreement?](https://familylawadvocate.com/are-there-any-exceptions-to-what-can-be-included-in-a-prenuptial-agreement/)

**Published:** September 5, 2022
**Author:** familylawadvocate

**Content:**

Prenuptial agreements often get a bad “rap”. Some people assume that putting this type of legal document in place indicates doubts about your relationship or the likelihood that your marriage will last. Others have concerns about signing away all their rights. The fact is that a prenuptial agreement does neither of these things. It can actually help to protect you and strengthen your marriage. Our [Chicago area prenuptial agreement attorney](https://familylawadvocate.com/divorce/pre-marital-agreement/) explains more about this issue and what is excluded when creating a prenup in Illinois.

## Creating a Prenuptial Agreement

A prenuptial agreement, or premarital agreement as it is referred to under the [Illinois Statutes](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59), is a legal agreement that couples enter into prior to getting married. It does dictate the terms surrounding any settlements in the event of a divorce, but this is just a small part of what a prenuptial agreement can offer. Among the benefits of having our Chicago area prenuptial agreement attorney help you put one in place are the following:

- Provides full disclose of all individually owned property, assets, and debts
- Helps in clarifying financial goals for the couple and determining the type of lifestyle they want to live
- Provides estate planning protection, in the event one of the spouses passes or becomes incapacitated
- Establishes a foundation for honest communications about money, which can help a couple over the course of their marriage

Financial matters are one of the things couples argue about most often and are often cited in divorce proceedings. By encouraging open conversations about money and setting realistic expectations, creating a prenuptial agreement can actually help to strengthen your marriage.

### What You Cannot Include in a Prenuptial Agreement in Chicago and Illinois

Wondering how a prenuptial agreement will impact your individual rights? This is a valid concern. As it is a legal document, it is binding and impacts your rights in divorce proceedings.

However, in order to be enforced, a prenuptial agreement must be fair and reasonable. This means it cannot include:

- Waiving of rights to individual property or assets not disclosed when creating the prenuptial agreement
- Terms that unjustly benefit one party over the other
- Provisions regarding the rights to children or child support
- Any type of agreement entered into under threat, coercion, or fraud

These are among the most common issues that must be excluded from a prenuptial agreement and if present, could make it unenforceable. It is also important for each party to have their own attorney review the terms of a prenuptial agreement prior to signing, simply to ensure their rights and best interests are protected.

## Speak With Our Chicago area Prenuptial Agreement Attorney Today

Gordon & Perlut, LLC. has been helping couples with prenuptial agreements since 1998. Whether it involves creating one, reviewing it prior to signing, or contesting a prior agreement that was put in place, we provide the caring support and trusted legal guidance you need. To speak with our Chicago area prenuptial agreement attorney, give us a call at 312.360.0250 or [contact our office online](https://familylawadvocate.com/contact-us/) and request a consultation.

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**Tags:** prenuptial agreement

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### [Five Signs Your Marriage is Headed for Divorce](https://familylawadvocate.com/five-signs-your-marriage-is-headed-for-divorce/)

**Published:** August 16, 2022
**Author:** familylawadvocate

**Content:**

Divorce is commonplace these days. Whether it is money pressures, disagreements over how to raise children, different political or religious outlooks, modern marriages endure a fair amount of stress. Knowing that your divorce is the necessary and right thing to do can help alleviate some of the stresses associated with the process. It is important, therefore, to pay attention to your marriage and keep your eyes open for any of the following signs. If you are seeing them in your marriage, it may be time to consider reaching out to a divorce attorney.

## We Tried and Tried

Divorce can be nasty, but so can living with someone with whom you simply cannot get along. The vast majority of divorces do not occur quickly, but rather come following years and years of painful fighting and struggle. These years spent fighting may be called “trying” and often result in nothing more than several years of someone’s life being wasted. If you have tried and tried to make it work, but are still unhappy with your spouse, it may be time to consider divorce.

## A Deal Breaker

A deal breaker may result from a significant disagreement that cannot be mediated or negotiated. A religious difference or a parting of the minds on how to educate children could be two sources for such a disagreement. The big deal breaker for most people is infidelity. If there is simply no potential for compromise, then a divorce may become necessary.

## Arguments Are Big Not Small

Every relationship between adults will result in some disagreements at some point in time. Arguments or disagreements are not only common but may actually be a healthy way to relate and value each other’s opinions. Arguments that turn into explosive fights, however, are not healthy. If you and your spouse are having knock-down, drag-out brawls more often than not, it might be time for a time-out.

## Lack of Appreciation

Allowing negativity to fester over a period of years can lead to a lack of appreciation. Once someone is unable to appreciate their partner, the relationship is over. The lack of appreciation not only leads to a loss of love but can also fan the flames of contempt on both sides.

## Contempt

Years of fighting or disagreeing can lead to contempt. This contempt can create a rift between spouses that grows more intense over time. A buildup of contempt within a marriage may be another sign that a divorce may be necessary. Once contempt is built up, it may be very difficult, if not impossible, to restore the level of respectability needed to maintain a healthy marriage. High levels of contempt may necessitate the need to consider a divorce.

According to [marriage.com](https://www.marriage.com/advice/divorce/signs-youre-headed-for-divorce/), there are several signs a divorce may be imminent. While some signs may be clearer signs than others, they may all point to the same destination.

## Get Support From an Experienced Illinois Divorce Attorney

If you feel these signs are present within your marriage, explore your options now for a divorce. Getting your research done ahead of time will save you a great deal of stress and aggravation later. Be sure to consult an experienced [Chicago divorce attorney](https://familylawadvocate.com/divorce/) licensed to practice in the state of Illinois. [Contact us here](https://familylawadvocate.com/contact-us/) or call us today at **312.360.0250**. Our friendly and professional staff is here to answer your questions and alleviate your concerns.

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### [Do All States Collaborate on Child Support Collections?](https://familylawadvocate.com/do-all-states-collaborate-on-child-support-collections/)

**Published:** August 1, 2022
**Author:** familylawadvocate

**Content:**

Divorce can be a challenging, emotionally draining endeavor. There are many issues to consider when contemplating divorce or preparing to file. These issues include but are not limited to division of assets, child custody, child support, spousal maintenance (alimony), debt, future income, and more.

For many divorcees, child custody and child support may be the most important issues to consider. Not receiving timely child support payments can be an extremely frustrating experience for anyone depending on those payments to raise a family. The children may have to go without, and the adults responsible for their care could really struggle to make ends meet and put food on the table.

Child support payments may cover not only basic essentials such as food and shelter but may also go towards school tuition, books, and other educational components. For parties responsible to pay child support who for whatever reason do not, consequences and enforcement may be necessary. The effects caused by non-payment can be devastating and long-term.

## What Does the Law Say About Child Support?

According to [NCSL](https://www.ncsl.org/research/human-services/child-support-and-family-law.aspx), states play a vital role in child support payment legislation. According to NCSL, 2015 data showed that some $33 billion in child support went unpaid. Less than half of custodial parents received the full amount of child support due, and states are now examining alternative methods for enforcing payments and money owed, including the use of civil contempt.

## What if the Parents Live in Different States?

According to [ocdivorce.net](https://www.ocdivorce.net/articles/navigating-child-support-orders-between-two-stat/), child support orders had been very difficult to manage and enforce when one parent may be out of state. That has changed, however, since the passage of the Uniform Interstate Family Support Act, or UIFSA. This act enables states to collaborate on child support issues, including enforcement and the creation of child support orders.

Under the UIFSA, states must consider several factors when determining child support payments. These may include:

- The Child’s needs
- The paying parent’s ability to pay
- The paying parent’s other dependents
- The child’s current and future well-being

The laws of the issuing state govern all aspects of a current child support order, to avoid confusion, and enforcement agencies have immense power to enforce these orders in the best interest of the child or children.

## Talk to a Child Support Attorney Today

If you are going through a divorce or have concerns regarding your current child support order, do not wait to seek legal counsel. Please contact us online at [www.familylawadvocate.com](https://familylawadvocate.com/) or give us a call today to discuss your situation. Our legal advisors will answer any questions you may have and help you get the child support that is owed to you, regardless of where your co-parent is living.

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**Tags:** child support

---

### [Why Fathers Need Divorce Lawyers for Men](https://familylawadvocate.com/why-fathers-need-divorce-lawyers-for-men/)

**Published:** July 26, 2022
**Author:** familylawadvocate

**Content:**

Going through a divorce can be one of the toughest and most challenging times in someone’s life. That stress is compounded when there are children involved. Fathers have it especially hard these days. Often thought of as the financial providers, dads may not get the time with their children that they deserve when the final child custody agreement is settled. Too often, too many fathers are left struggling to pay monthly child support for children they rarely get to see. Is that fair? No. Does it happen? Yes. Fathers need Chicago divorce lawyers on their side to ensure their rights are protected.

For fathers getting divorced or considering such a path, it has never been more important to have the right legal counsel. According to the [guardian.com](https://www.theguardian.com/lifeandstyle/2016/oct/15/fathers-rights-divorce-lawyers), “many men feel they get a raw deal from the family court system when it comes to custody and access to their children.” Judges, for example, may still often cling to old-fashioned notions of the mother as the natural caretaker of the children. The idea of mothers being primary caretakers and fathers being providers presents some major issues that need to be addressed within our legal system. When the system discriminates against fathers in family courts, those fathers need a [divorce lawyer for men](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/) who knows how to advocate effectively for fathers’ rights.

The majority of states these days give equal consideration to the mother and father unless there is a major reason not to, such as a record of domestic violence or other behavior that could be detrimental to the child’s well-being. If you are a father seeking custody, don’t let anyone discourage you.

## Why Do Fathers Struggle to Get Custody of Their Children?

According to [fatherly.com](https://www.fatherly.com/love-money/family-courts-biase-fathers-stay-at-home), many fathers fear family courts when it comes to getting custody of their children. Statistics have demonstrated that mothers get majority or full custody of their children the majority of the time. Of note, however, is that custody is most often settled before a judge signs off on the arrangement. Why the favoritism towards mothers, then? Men going into the process already feeling cornered is the simple answer.

The father may have been the breadwinner, for example, and now having two households instead of one will require even more financial commitment. This could mean that fathers have to work even more. Long hours, having to wake children up early, and other inconveniences can make it easier for a judge to rule in favor of the mother.

## Fathers Deserve Effective Legal Counsel For Divorce And Family Law Issues

As times change, it is more important than ever to be guided by competent legal counsel when getting divorced. A father involved in a divorce or seeking to obtain a divorce needs to ensure that their rights are protected and represented during the process. Visit us online today at [www.familylawadvocate.com](https://familylawadvocate.com/) or feel free to give us a call. Our professional staff is here to answer any questions you may have and to help make sure your rights as a father are protected.

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**Categories:** Fathers’ Rights Lawyer

**Tags:** divorce lawyer for men, Fathers Rights

---

### [Domestic Violence, Divorce and Your Options](https://familylawadvocate.com/domestic-violence-divorce-and-your-options/)

**Published:** April 7, 2022
**Author:** familylawadvocate

**Content:**

**Domestic Violence, Divorce and Your Options**

**By: Gordon & Perlut, LLC**

Domestic violence in Skokie or the surrounding Chicago area can take the form of physical, emotional, verbal, or sexual abuse. Separating yourself from an abusive partner is a top priority, but problems can arise if you have children together. Our knowledgeable and skilled [Skokie area child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) explain the impact domestic violence has in these situations and ways to protect your family in child custody proceedings.

**Domestic Violence Impacts An Abusive Parent’s Right To Custody**

According to the [Illinois Coalition Against Domestic Violence (ILCADV)](https://www.ilcadv.org/stats-resources/), over 50,000 people throughout the state are survivors of domestic abuse. Nearly 10,000 of these are children, who may not be abused themselves, but are considered child witnesses.

Seeing one parent abuse another takes a heavy toll on children. Whether it involves physical, emotional, or other types of domestic violence, children may experience the following symptoms:

- Becoming overly anxious and fearful
- Being clingy with the abused parent and not wanting to be separated from them
- Not doing well in school, such as difficulty in making friends or acting out in class
- Suffering from sleep or eating disorders
- Reverting to previously abandoned childlike behaviors, such as thumb sucking and bedwetting

In addition to the suffering domestic violence causes you, it can be devastating to see the impact it has on your child. Making the decision to leave your abuser is an important first step, but it can come as a shock to find out they still have certain rights in regard to child custody.

**Domestic Violence and Child Custody In Skokie and the Chicago Area: Ways To Protect Yourself And Your Family**

When domestic violence is an issue in your relationship, it is important to let others know. Ways in which you can protect yourself include:

- Notify law enforcement officials when your partner makes threats or is abusive
- Get a restraining order, which can require your partner to keep away from you, your children, and your home
- Seek support and counseling through domestic violence groups in our area
- Inform close family or friends of the situation

These actions can help you recover from domestic violence. They can also help protect your children in Skokie and other area child custody proceedings. Under the [Illinois marriage dissolution statutes](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), there are a number of factors the judge in your case will consider in approving child parenting time arrangements, but the top priority is making sure the child’s best interests are protected.

Police reports, a restraining order, and statements from counselors or others who are aware of the situation can help to prevent an abusive partner from taking part in any parenting plans. While they may still be entitled to some contact with your children, it is likely to be supervised visitation.

**Reach Out To Our Skokie Child Custody Attorneys**

At Gordon & Perlut, LLC., our Skokie child custody attorneys (who serve the entire region) act as strong legal advocates on the side of domestic violence victims, helping to ensure they and their children are protected. To discuss the options available, do not wait. Call or contact our experienced [Skokie child custody lawyers](https://familylawadvocate.com/contact-us/) to request a confidential consultation today at (847) 329-0101.

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**Tags:** Child Custody, domestic violence

---

### [How Long Does it Take to Finalize a Divorce In Illinois?](https://familylawadvocate.com/how-long-does-it-take-to-finalize-a-divorce/)

**Published:** July 18, 2022
**Author:** familylawadvocate

**Content:**

Filing for divorce can be stressful and difficult, but once the decision is made to end a marriage one of the most common questions received by our office is how long it takes to finalize the process. At Gordon & Perlut, our skilled and experienced Chicago area and [Mount Prospect divorce attorneys](https://familylawadvocate.com/divorce/) are here to walk you through every step of the process and answer all your questions about finalizing a divorce. For more information and to learn about the wide range of legal services offered to our clients, call or contact the office today to schedule a consultation. Initial consultations are always complimentary.

## Illinois Residency Requirements

Before a divorce can be finalized, or even submitted as a petition to the court, [Illinois’ residency requirement](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) must be met. Under state law, at least one spouse must reside in the state of Illinois for at least ninety days prior to either spouse filing for divorce. In addition, the law requires that if there are minor children involved, they must have resided in Illinois for at least six months prior to a divorce petition being filed with the court. If you are considering filing for divorce in Illinois, it is important that you take the residency requirements into consideration when planning your timeline.

### Uncontested Divorce

In Illinois, there is no waiting period for an uncontested divorce. This means that the court does not require any type of cooling-off period for the spouses to reconsider after filing the initial petition with the court. An uncontested divorce means that the spouses agree on all the significant terms included in a finalized divorce agreement, such as the distribution of marital property, and there are no minor children involved in the process (nor is a spouse currently pregnant). Uncontested divorce cases can be finalized in as little as a couple of months, depending on the schedule of the court where the petition is filed.

### Contested Divorce

The process of finalizing a divorce is longer for contested divorce cases. A contested divorce means that there are one or more issues that the spouses disagree on, such as property distribution, spousal support, child custody, or child support. Depending on the circumstances of the case, it could take months or even years to finalize a contested divorce. If mediation or collaborative divorce is utilized then the process is usually resolved in a shorter period of time than if issues go to a full trial to resolve. To learn more, talk to our office today.

### Contact Our Chicago Divorce Attorneys

If you have more questions about how long it will take to finalize your divorce in Illinois, the skilled and highly qualified lawyers at Gordon & Perlut are here to help. Call the office today to speak with one of our talented and dedicated [Chicago divorce attorneys](https://familylawadvocate.com/contact-us/) during a free consultation of your case.

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**Tags:** Divorce

---

### [How Can I Make Up Visitation Time if I’m Deployed for an Extended Period?](https://familylawadvocate.com/how-can-i-make-up-visitation-time-if-im-deployed-for-an-extended-period/)

**Published:** July 11, 2022
**Author:** familylawadvocate

**Content:**

[Illinois child custody law](https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx) presumes that it is in a child’s best interest to maintain a relationship with both parents after a divorce or separation. As such, parents typically each get parenting time with their child in a parenting agreement. However, the situation can become more complicated when one parent is an active service member who is deployed to active duty. While some may believe that any visitation during deployment is forfeited, that may not be the case. At Gordon & Perlut, our [Skokie child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) are here to help you navigate this complex issue. For more information, call or contact our office today to schedule a case consultation.

## Establishing Virtual Visitation

One option for visitation during deployment is establishing virtual visitation. While not ideal, during deployment this may be the only option and helps the Court understand the efforts you are making to keep up regular communication with your child. This type of visitation can happen on the phone or through video conferencing, like Skype or Zoom. The parents establish a regular time when the deployed parent communicates with their child during their deployment. However, this option usually only works when the service member is deployed in a place where regular communication can occur, and these types of virtual visitation are possible for the service member and their child.

## Substituting Visitation

Another option for making up visitation time during an extended deployment is to substitute the visitation time with a service member for another person. A service member can request that the child spend time with another person when they normally would have spent it with their military parent. Common examples include spending time with the servicemember’s new spouse, aunts, uncles, or grandparents on that side of the family. However, substituted visitation cannot be used to fulfill any rights already granted to grandparents for visitation time with their grandchild. Typically, a request must be made through the Illinois court for a visitation substitution, which a qualified attorney can assist with.

## Scheduling Make-up Hours Before or After Deployment

The final option for making up visitation time for an extended deployment is to schedule make-up hours before or after the deployment. This option can either be arranged by agreement between the parents or through a request to the court, depending on the circumstances of your case. The existing parenting time arrangement can be altered so that the deployed service member spends more time with their child before they leave or after they return. If the service member is given furlough time to return home during their deployment, they may also make up some of the visitations during that time, as well. For more information about the various options available to military parents, talk to our office today.

## Contact Our Chicago and Skokie Child Custody Lawyers

At Gordon & Perlut, our experienced and skilled Chicago and Skokie child custody lawyers are prepared to help ensure that you get the parenting time that you are entitled to, even if you are deployed. To learn more about the various options available to you in Illinois, call the office to speak with a [Chicago child custody lawyer](https://familylawadvocate.com/contact-us/) and schedule a free consultation of your case today.

You deserve to have time with your child, our legal team will help you make that happen.

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**Tags:** Child Custody

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### [Can Child Support Be Lowered if I am Unable to Work?](https://familylawadvocate.com/can-child-support-be-lowered-if-i-am-unable-to-work/)

**Published:** July 7, 2022
**Author:** familylawadvocate

**Content:**

When parents divorce, the amount of child support that is owed by each parent is determined by a number of factors, including each parent’s income. However, things change over time, and there may be a situation where a parent is unable to work. If this situation is happening to you, the knowledgeable and skilled [child support attorneys in Northbrook](https://familylawadvocate.com/divorce/child-support/) and Chicago at Gordon & Perlut are here to help. If you are interested in learning more about your legal options, call or contact our office today to schedule a consultation of your case.

## Modifying a Child Support Order

Child support in Illinois may be lowered through a [modification petition](https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx). Typically, the courts grant a request for a modification to child support when there has been a “substantial change in circumstances” for either parent or the child. A substantial change in circumstances is defined as a situation that is substantial, permanent, material, and/or unanticipated at the time that the original child support order was issued. Because of the last element of what constitutes a substantial change in circumstances, modifications are usually requested months or years after the initial support order was issued or approved by the courts.

## Is Job Loss a Substantial Change?

Job loss or a parent’s inability to work may qualify as a substantial change in circumstances to modify an existing child support order. If the job loss is permanent, or if a parent is unable to work because of a serious illness or injury, then generally the court will consider the situation a substantial change in circumstances. As such, child support may be recalculated based on the parent’s new income or lack of income in addition to any compensation or benefits that they may be receiving in place of income, such as workers’ compensation or unemployment benefits.

However, if the job loss is temporary or a parent is unable to work for a short period of time, then the court may not consider the situation enough to warrant a substantial change in circumstances. It is also important to note that if a parent is willfully refusing to work in order to avoid paying child support the court is allowed to impute an income when calculating support for each parent.

This means that the court looks at the education, professional background, and training of the parent not working to determine what they could be earning in income if they chose to seek employment, and the parent will still be required to pay child support even if they are not employed. To learn more about lowering child support in Illinois because of an inability to work, talk to our office today.

## Contact Our Chicago Child Support Attorneys

Do you have more questions about what qualifies to modify an existing child support order in Illinois? If so, the experienced and qualified Chicago and Northbrook child support attorneys at Gordon & Perlut are here to help. Call the office today to schedule an evaluation of your legal needs with one of our talented and dedicated [Chicago child support attorneys](https://familylawadvocate.com/contact-us/) today.

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**Tags:** child support

---

### [Have Divorces Increased or Decreased During COVID?](https://familylawadvocate.com/have-divorces-increased-or-decreased-during-covid/)

**Published:** May 24, 2022
**Author:** familylawadvocate

**Content:**

**Have Divorces Increased or Decreased During COVID?**

**By: Gordon & Perlut, LLC**

Over the past several years, COVID has taken a heavy toll. Ongoing issues surrounding the pandemic continue to put stress on relationships. Have divorce rates increased during this time? Generally, the answer is yes. Our [Arlington Heights divorce attorney](https://familylawadvocate.com/divorce/) explains the ups and downs of divorce that can be attributed to COVID.

## Pandemic Impacts On Marriage and Divorce

The [Centers for Disease Control and Prevention (CDC)](https://www.cdc.gov/mmwr/volumes/69/wr/mm6918e2.htm) began issuing COVID-19 warnings during the winter of 2019. By early spring 2020, the government had declared a public health emergency, travel bans were in place, and states were issuing stay-at-home orders.

Illinois Governor JB Pritzker ordered schools and businesses to close at the end of March 2020 in an effort to reduce the spread and protect already overwhelmed health care resources. In the two years since our state and the country as a whole have struggled to return to a ‘new’ normal.

Among those hardest hit by pandemic-related stress were couples. Consequences of COVID that negatively impacted relationships include:

- Financial struggles due to being out of work
- Challenges in homeschooling children and keeping them occupied during off-hours
- Being unable to leave the house, engage in their usual hobbies and activities, or visit with family and friends
- Concern over getting sick themselves and how COVID might impact older adult relatives and others most at risk

While some couples grew closer, many began to contemplate divorce. However, actually getting one or even separating was not always an option. In addition to concerns over housing and other practical matters, the [Illinois Courts](https://www.illinoiscourts.gov/covid) were operating on a drastically reduced schedule and many divorce cases were delayed.

### Ongoing COVID Issues And Divorce Rate Increases

There was speculation that practical concerns during the height of COVID had kept divorce counts low and that there would likely be a flood of divorce cases in the aftermath. Unfortunately, this turned out to be true. According to Psychology Today, there was more than a 30% increase in divorce rates once stay-home orders were lifted. Some of this likely represents couples who had intended to file for a divorce but had to delay their plans, but the majority can be attributed to ongoing COVID issues. These include:

- - Continuing financial struggles, as some businesses failed to recover
    - Drastically different schedules, as many people continue to work from home
    - Post-traumatic stress that has the potential to pull couples apart
    - Bitter disputes and controversy over the virus itself and the need for masking and vaccines

### Our Arlington Heights Divorce Attorney Is Here To Help

It is not uncommon for married people to face challenges and bumps in the road regarding their relationship during normal times. Going through a major public emergency, such as the COVID pandemic, can either cause you to feel closer to your spouse or pull your relationship apart. As we continue COVID recovery, you may need to consider your options in regard to divorce. At Gordon & Perlut, LLC., our [Arlington Heights divorce lawyer](https://familylawadvocate.com/family-law-attorney-arlington-heights-il/) is here to help. Give us a call to request a confidential consultation today.

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**Categories:** Divorce Attorney

**Tags:** COVID, Divorce

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### [What Areas of Law Does an Illinois Family Law Attorney Handle?](https://familylawadvocate.com/what-areas-of-law-does-an-illinois-family-law-attorney-handle/)

**Published:** June 15, 2022
**Author:** familylawadvocate

**Content:**

Families are a complex thing, and when legal issues arise within a family it becomes important to hire a qualified family law attorney to help protect your best interests during this time. However, not many people understand the wide range of legal services that a family law attorney can provide. At Gordon & Perlut, LLC our [Cook County family law attorneys](https://familylawadvocate.com/family-law/) (who also practice in Lake and Du Page Counties) are here to help with all of your family’s legal needs. To learn more about the wide range of legal services that our office provides, call or contact us today to schedule a consultation.

## Areas of Law

There are many areas of the law that a family law attorney handles on behalf of their clients when dealing with a difficult family situation, including the following:

### Divorce

Our lawyers help file the initial divorce petition or respond to a divorce served on our client. We help identify the major issues and negotiate on behalf of our clients so that they walk away with the best possible settlement to restart their life.

### Child Custody

For parents with minor children, our attorneys help in divorce and paternity actions to develop a child custody agreement that is in the best interest of you and your child. This can include filing for sole or joint custody, requesting specific visitation requirements, and determining how to split physical and legal custody of the child.

### Child Support

In addition to custody, our attorneys help determine the proper amount of support for your child to ensure that their standard of living is maintained, and their expenses paid by both parents. State law provides guidelines for child support, but there are many factors that can influence the outcome.

### **Pre- and Post-marital Agreements**

Pre- and post-marital agreements help a couple determine property interests before or after a wedding. There are many benefits to these agreements, including protecting a business, reinforcing estate plans, and providing each spouse with a sense of protection in knowing that they will have assets if a divorce occurs.

### Guardianship

Our family law attorneys also help file for guardianship of children or adults with disabilities in your family. This may apply to an elderly loved one who can no longer care for themselves and needs help with everyday decisions.

### Domestic Violence & Orders of Protection

Sometimes, the people we love can hurt us, and if you are in a situation where you are experiencing violence from a household member our lawyers can help get you safe. We can file an order of protection and help you secure the finances you need to support yourself during this difficult time.

### Adoption

Lastly, our attorneys help facilitate the addition of new family members through adoption as discussed in the [Illinois Adoption Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59). We file the paperwork so that you can focus on what is most important – your new family.

## Contact Our Cook County Family Law Attorneys

If you are in need of legal services for any issue that our [family law attorneys in Cook County](https://familylawadvocate.com/contact-us/) handle, let the experienced and skilled lawyers at Gordon & Perlut, LLC help. Call or contact our office today to schedule a consultation of your case.

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**Categories:** Family Law Attorney

**Tags:** family law

---

### [Habits that Can Send Your Marriage Into Divorce](https://familylawadvocate.com/habits-that-can-send-your-marriage-into-divorce/)

**Published:** June 9, 2022
**Author:** familylawadvocate

**Content:**

While day-to-day issues between spouses may seem small at first, these habits can escalate over time, and in the most serious situations, these problems can ultimately lead to divorce. At Gordon & Perlut, LLC our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) are here to identify some habits that can send your marriage into divorce or help you file the [petition to end your marriage in Illinois](https://www.illinoiscourts.gov/Resources/1e87bd13-4cff-41bd-9b51-bb30b02d8450/Divorce_No_Children_Summons_Approved.pdf). For more information and for a consultation on your case from a qualified lawyer, call or contact our office today.

## Home Habits

Home habits trigger up to three out of every ten divorces. Splitting the housework is one of the most common examples, where one spouse feels like they are putting in all the effort on housework or a couple failed to discuss how housework would be split between them prior to the marriage. Failing to pick up after oneself is another bad habit that can lead to divorce over time, which is an issue for more men than women in traditional marriages.

## Emotional Habits

Bad emotional habits are another area that can lead to divorce. Having a lack of compassion for a spouse during a difficult time, such as after the loss of a job, family member, or miscarriage, is a commonly cited reason for divorce. Ignoring a partner, either unintentionally or intentionally, because of stress at work or a fight between the couple is another bad emotional habit. Much of this centers around a failure to communicate, which can be one-sided or an issue that both spouses in the relationship struggle with; however, if the issue is not dealt with it can lead to a divorce.

## Extracurricular Habits

Bad habits can also extend into extracurricular activities. Spending too much time on a hobby or out with others can isolate a spouse and make them resentful. Drinking too much or having a substance abuse addiction is also a common reason for divorce. When work or fun takes a spouse out of the house, failing to let the other spouse know when they will be home or coming home late is often a small issue that can grow into something bigger over time.
Financial Habits

Lastly, financial habits can start small but ultimately lead to a divorce. These may be secretive bad habits, such as a shopping or gambling addiction, or it could be hiding a substantial amount of credit card debt. Trying to control family finances or living beyond your means are two other bad habits that could lead to divorce between a couple, as does spending money on things outside the marriage without your spouse’s knowledge or consent. To learn more about the bad habits that could lead to divorce, talk to our office today.

## **Call Our Skokie Divorce Lawyers**

Marriage is not always easy or right for couples to continue. At Gordon & Perlut, LLC our experienced [Skokie divorce lawyers](https://familylawadvocate.com/contact-us/) have heard many reasons why a couple decided to end their marriage. If you are considering filing for divorce, call or contact our office today to schedule a consultation.

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**Categories:** Divorce Lawyer

**Tags:** Divorce

---

### [Is it a Good Idea to File for Legal Separation in Illinois?](https://familylawadvocate.com/is-it-a-good-idea-to-file-for-legal-separation-in-illinois/)

**Published:** May 26, 2022
**Author:** familylawadvocate

**Content:**

**Is it a Good Idea to File for Legal Separation in Illinois?**

**By: Gordon & Perlut, LLC**

If you are married and dealing with problems in your relationship, it is important to know you have options. Rather than filing for a divorce, you could choose to get a [legal separation in Illinois](https://familylawadvocate.com/divorce/legal-separation/) instead. Our Chicago area divorce lawyers explain what is involved and when this might be a good idea in your case.

**What Is Legal Separation In Illinois?**

Similar to filing for divorce, you can request a legal separation in Illinois by filing a petition through the local family court provided that either you and your spouse are a resident of the county in which you file and are living separate and apart from one another. Under the[ Illinois Statutes ((750 ILCS 5/402)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K402#:~:text=402.,while%20they%20so%20live%20apart.&text=(3)%20such%20an%20agreement%20is%20final%20and%20non%2Dmodifiable.), a legal separation can address many of the same types of issues that are dealt with in divorce proceedings, including:

- **Division of marital property and assets:** This includes homes, cars, household furnishings, personal belongings, money in bank accounts, shares in a business, stocks, and retirement benefits.
- **Spousal support and maintenance:** You may be entitled to spousal support as part of your legal separation if you make significantly less than your spouse.
- **Child custody and support:** Parenting plans may be included as part of a legal separation, along with orders regarding payment of child support.

In order to have the above included in your legal separation, you and your spouse must reach an agreement on property issues. Unlike in a divorce, a judge cannot decide for you. Our Chicago area divorce lawyers at Gordon & Perlut, LLC can guide you through the process, ensuring you get the best possible outcome in any arrangements made.

**Choosing Between A Legal Separation And Divorce**

Is it a good idea to file for legal separation in Illinois? For a variety of reasons, the answer is often no. While the process can be generally quicker and detailing marital property division and spousal support payments better ensures you are provided for during the time you are living separate and apart, many people have no desire to remain “tied” to their spouse and seek a divorce. However, it can help you in rebuilding your life after a breakup and can make any eventual divorce proceedings easier.

It is important to note that a legal separation does not legally end your marriage. This can make filing for a legal separation in Illinois through the [Cook County Court](https://www.cookcountycourt.org/) or one of the neighboring counties a good idea for the following reasons:

- It gives the couple time to determine whether they actually want a divorc
- It allows them to obtain tax or other benefits they would otherwise lose if they ended the marriage
- It allows them to remain on their partner’s health and disability insurance policies
- It allows them to live separate lives while still conforming to any religious beliefs they have that prohibit divorce

**Discuss Your Options With Our Chicago Divorce Lawyers**

Are you wondering whether a divorce or a legal separation is a good idea in your specific situation? Request a consultation with Gordon & Perlut, LLC. to discuss your options. To get the trusted legal guidance you need you can call to speak with one of our [Chicago divorce lawyers](https://familylawadvocate.com/divorce/) today.

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**Categories:** Divorce Attorney, Legal Seperation

**Tags:** Divorce, Legal Seperation Chicago

---

### [Do I Have To Go To Court To Change Parenting Time Schedule?](https://familylawadvocate.com/do-i-have-to-go-to-court-to-change-parenting-time-schedule/)

**Published:** April 28, 2022
**Author:** familylawadvocate

**Content:**

**Do I Have To Go To Court To Change Parenting Time Schedule?**

**By: Gordon & Perlut, LLC**

Children generally do better when they are able to form loving relationships with both parents. In cases of divorce or when the parents are unmarried, the court typically encourages child time-sharing. Making these arrangements involves the use of parenting plans, which detail each person’s rights regarding custody, visitation, and other important issues. The parenting plan is then incorporated into an Allocation Judgment of Parental Responsibilities.

Once a [parenting time](https://familylawadvocate.com/divorce/visitation/) schedule is put in place through the Cook County court, both parents are required to follow it. You do have to go back to court if you want to make changes. Our experienced [Skokie child custody lawyers](https://familylawadvocate.com/divorce/child-custody/) explain more about the process and when this may be an option.

**Child Time-Sharing and Parenting Time In Skokie and the Chicago Area**

Issues pertaining to children are among the most sensitive and the primary concern of the court is to ensure their best interests are protected. In the past, child custody and visitation were terms used to describe arrangements between divorced or unmarried parents.

Child time-sharing plans acknowledge the important role both parents play in a child’s life and reflects the trend to joint custody arrangements. Parenting time addresses the specific details involved in these plans. This includes:

- Where the child will be residing during the week
- Rights to weekend visits
- Extended visits over holidays, school breaks, and other special occasions
- Arrangements for exchanges (where pick-ups and drop-offs are made)

The time to speak up regarding any scheduling concerns or other issues you may have is while parenting time is being negotiated. Once a [Cook County parenting plan](https://www.cookcountycourt.org/Portals/0/Domestic%20Relations%20Division/Forms/Parenting%20Plan_CJR_1.5.15.pdf) is put in place through the Allocation Judgment, both parties are required to follow it and can face serious penalties for failing to do so.

**Making Changes To Parenting Time In Skokie**

You must go to court if you want to make changes in your parenting time schedule. Simply failing to follow the plan could result in contempt of court charges. This could result in fines and in some cases, actually jeopardize your parental rights.

To protect yourself and your child, speak to our Chicago or Skokie child custody attorneys before taking action. We can assist you in filing for a parenting plan modification through the [Cook County Court](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm). You must have a good reason for making this request, particularly if the other parent is not in agreement. Valid reasons for wanting to change parenting time include:

- There are significant changes in your own or the child’s schedule.
- You have a valid reason for wanting to relocate to another area.
- The other parent has failed to comply with the current parenting schedule.
- The other parent is engaging in activities that put you or your child at risk.

**Request A Consultation With Our Skokie Child Custody Attorneys**

Before making any changes to your parenting time schedule, reach out to Gordon & Perlut, LLC. first. We can guide you in the best, most efficient way to modify existing arrangements while making sure your legal rights are protected. To request a consultation, call our trusted [Skokie child custody attorneys](https://familylawadvocate.com/contact-us/) today at (847) 329-0101.

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**Categories:** Parenting Time Lawyer

**Tags:** Child Custody, Parenting Time

---

### [Are Prenuptial Agreements Only for Wealthy People?](https://familylawadvocate.com/are-prenuptial-agreements-only-for-wealthy-people/)

**Published:** April 7, 2022
**Author:** familylawadvocate

**Content:**

**Are Prenuptial Agreements Only for Wealthy People?**

**By: Gordon & Perlut, LLC**

Getting married represents one of the most serious and life-impacting commitments you can make. Most people do not enter into it thinking that they will end up in divorce court, but the fact is that it happens on an all-too-frequent basis. Putting a prenuptial agreement in place protects you in this situation, but that is only one of many benefits.

While it is always encouraged when wealthy people wed, our experienced [Chicago prenuptial agreement lawyers](https://familylawadvocate.com/divorce/pre-marital-agreement/) at Gordon & Perlut, LLC explain the different advantages and why every couple should consider putting one in place.

**The Advantages of Getting A Prenuptial Agreement In Illinois**

Under the [Illinois Statutes (750 ILCS 10/1)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59), a prenuptial agreement, or ‘prenup’ as it is often referred to, is a legally binding contract. A couple enters into it prior to getting married, with the understanding that it will go into effect once they officially they tie the knot.

A prenuptial agreement dictates the terms of marital property and asset division in the event of a divorce and addresses whether one of the parties may be entitled to spousal support. Even if you are not wealthy or are just starting out, it provides the following advantages:

- Full disclosure of any property or assets each person possesses.
- Details individual debts and the amount owed.
- Addresses attitudes about saving and spending money.
- Clarifies the type of lifestyle each person expects to enjoy during the marriage.
- Helps ensure your partner is provided for if anything happens to you.

Some people balk at bringing up a prenuptial agreement because they think it implies doubts about the relationship or can make divorce more likely. Far from it, a prenup can actually help to strengthen your marriage by encouraging open, honest discussions about financial matters, which is a common contributing factor in many divorces.

**Who Should Get A Prenuptial Agreement In Chicago?**

Our Chicago prenuptial agreement lawyers encourage wealthy clients to put a prenup in place, but there are others who can benefit as well:

- If you are starting a new business.
- If you expect an eventual inheritance.
- If you have not yet created a will or other estate planning.
- If you have children from a prior marriage.
- If your partner has a significant amount of debt.
- If they make significantly less or more than you.

It is important to note that there are some limitations of prenups. For example, if you do end up filing for divorce through the [Cook County Court](https://www.cookcountycourt.org/ABOUT-THE-COURT/Municipal-Department/Fifth-Municipal-District-Bridgeview/Divorce), a prenuptial agreement can only be enforced if it is fair and reasonable and both parties entered into it willingly. While it can address issues concerning money and property, it cannot limit your rights regarding child custody or child support.

**Discuss Your Options With Our Chicago Prenuptial Agreement Lawyers**

A prenuptial agreement is not just for wealthy people. It provides important benefits for any couple and can actually help strengthen your marriage. At Gordon & Perlut, LLC., we provide the trusted legal guidance you need in creating one. To discuss your options, give us a call and request a consultation with one of our proficient [Chicago prenuptial agreement attorneys](https://familylawadvocate.com/contact-us/). Tel. (312) 360-0250

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**Categories:** Family Law Attorney, Prenuptial Agreements

**Tags:** Prenuptial

---

### [Are College Expenses Automatically Added to Child Support in Illinois?](https://familylawadvocate.com/are-college-expenses-automatically-added-to-child-support-in-illinois/)

**Published:** March 17, 2022
**Author:** familylawadvocate

**Content:**

**Are College Expenses Automatically Added to Child Support in Illinois?**

**By: Gordon & Perlut, LLC**

One of the most important aspects of raising a child is making sure they have everything they need, including a good education. College expenses are not automatically added to support, but a contribution to college expenses may be considered under Illinois law. The court will look at a number of factors when making a decision about college financial assistance, including the child’s needs and the parent’s ability to pay. In some cases, the court may order one or both parents to contribute to the cost of college.

Residents of Illinois can contact the [Chicago family law firm](https://familylawadvocate.com/articles/college-expenses/), Gordon & Perlut, LLC. for questions about child support and college expenses.

**How the Process Works**

In Illinois, even after a child has completed high school or attained the age of majority, one parent can still ask the other for help paying for college and other applicable educational expenditures. This is permitted under Section 513 of the [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513#:~:text=Sec.,any%20child%20of%20the%20parties.).

Provisions for educational expenditures may include not just public and private college tuition, but also any post-secondary vocational or professional training the kid pursues.

**What Factors Are Considered When Calculating College Expenses?**

When calculating college expenses in a divorce, the following factors are typically considered:

- The cost of attendance
- The marital estate’s assets and liabilities
- The children’s best interests

For instance, if one spouse is paying for the children’s college education and the other spouse has a higher income, the court may order the higher-income spouse to contribute more to the children’s education.

However, under Section 513 of Illinois law, the responsibility stops at age 23. This is, unless, there is good cause proving why it should continue, and then the expiration date is 25 years old. After this, both parents are legally free from all college payment contributions as the child is considered old enough to take care of themselves.

Conversely, the payment could end before the child is 23 years old if the child:

- Cannot keep up in college, i.e fails to get up to a “C” GPA -Grade Point Average
- Gets their first degree awarded to them
- Gets married

**What if the Parents Cannot Agree on the Cost of College Expenses?**

If the parents cannot agree on the cost of college expenses after a divorce, the court will usually order the contribution amount of each parent, and what responsibility the child has as well.  The total cost will be capped at the cost of the University of Illinois.

**What Is the Procedure for Making Payments?**

Sums may be directed to be paid in the following ways:

- To the other parent
- To the educational institution
- Into a special account or trust established for that purpose

The court will make this determination based on the specifics of the case.

**Contact Our Chicago area Family Law Attorneys**

If you are considering divorce and have questions about how college expenses will be handled, it is important to speak with an experienced attorney.

As you have seen, college expenses are not automatically added to support in Illinois. The amount of college contribution is determined by a number of factors, including the parents’ income and the needs of the child.

To understand your specific situation and what potential consequences could arise from any decision made, you may connect with one of the [Chicago family law attorneys](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC at (312) 360-0250 to schedule a free consultation.

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**Categories:** Child Support

**Tags:** college expenses

---

### [How Is Child Support Decided When There Are Multiple Mothers?](https://familylawadvocate.com/how-is-child-support-decided-when-there-are-multiple-mothers/)

**Published:** March 10, 2022
**Author:** familylawadvocate

**Content:**

**How Is Child Support Decided When There Are Multiple Mothers?**

**By: Gordon & Perlut, LLC**

Court-ordered [child support in Illinois](https://familylawadvocate.com/divorce/child-support/) helps to protect the standard of living for children whose parents are divorced or unmarried. It ensures they have the food, clothing, medical care, and other items they need, which is often impossible to adequately provide for on one income alone.

Illinois state laws dictate how much each parent pays.

If you are wondering about cases involving child support payments to multiple mothers, you would not be alone. Our [Chicago child support attorneys](https://familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC. can explain how the state decides what is a fair and reasonable amount in these situations.

**Calculating Child Support Payments In Illinois**

With the high costs of housing and other basic necessities, ensuring children have what they need is hard enough with two incomes. It is almost impossible when one parent is forced to shoulder this burden alone. Under the Illinois Statutes (750 ILCS 5/505), there are multiple factors the court will consider in determining a fair amount in regards to [child support payments in Illinois](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505#:~:text=The%20duty%20of%20support%20owed,is%20still%20attending%20high%20school.). These include:

- The amount of time the child spends in each parent’s home
- Their overall needs and expenses
- Each parent’s current income or earning capacity, if not currently working
- Other family obligations they have

In [Cook County Court child support proceedings](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division/Child-Support-Information), the number of other children you have and the total number of mothers involve are important factors to consider. The goal is to ensure *all* your children are provided for.

**Child Support Spread Among Multiple Families**

Illinois follows what is referred to as an [‘income shares’ formula](https://www2.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf) in determining fair and reasonable arrangements regarding child support. It relies on pre-established tables based on each parent’s earnings and income to determine a percentage of child support that must be paid. These tables look at net income, rather than gross income. This means that each parent’s earnings are adjusted to reflect other financial obligations, including other children that must be provided for.

The income shares model can be confusing for the average parent, particularly if there are multiple mothers involved. The [Illinois Department of Health Care and Family Services](https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/ChildSupportEstimator.aspx) offers a child support estimator, which makes it somewhat easier to gauge how much you might have to pay. It details factors that influence court-ordered child support amounts, such as:

- The number of children that support must be provided for
- Which parent is responsible for the majority of parenting time
- The amount of overnight and extended visits you have with each child
- Giving credit in calculations when there are already other child support Orders for other mothers
- Your own and each mother’s gross and net income
- Whether any spousal support is paid/received
- Who is providing for costs such as medical expenses and daycare for each child
- Whether anyone receives Social Security benefits

**Our Chicago Child Support Lawyers Are Here To Help**

Numerous factors go into determining child support. It can be very confusing, particularly when multiple mothers are involved. To avoid paying more than your fair share, reach out to Gordon & Perlut, LLC. Our [Chicago child support lawyers](https://familylawadvocate.com/contact-us/) are here to help. Call our office to request a consultation today.

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**Categories:** Child Support

**Tags:** child support

---

### [How Long Do I Have to Pay Spousal Support in Illinois?](https://familylawadvocate.com/how-long-do-i-have-to-pay-spousal-support-in-illinois/)

**Published:** February 2, 2022
**Author:** familylawadvocate

**Content:**

**How Long Do I Have to Pay Spousal Support in Illinois?**

**By: Gordon & Perlut, LLC**

Nobody gets married thinking that their union won’t last, however, many marriages end in divorce. When a marriage ends in divorce, couples need to try to come to an agreement as to the settlement terms. In addition to deciding the many issues regarding the children and distributing assets and debts, some spouses may also need to obtain spousal support.

Couples need to review their finances to figure out how each will pay for their essential living expenses and other needs following a divorce. Spousal support is often the most contentious issue between spouses so it is helpful to seek guidance from experienced [Chicago spousal support lawyers](https://familylawadvocate.com/maintenance-aka-alimony/).

**What is Spousal Support?**

Spousal support is referred to in Illinois as “Maintenance” (alimony). [Spousal support is money paid from one former spouse](https://www.law.cornell.edu/wex/spousal_support#:~:text=Monetary%20support%20paid%20by%20one,divorce%20agreement%20or%20court%20order.) to another as part of a divorce order and is called a maintenance order. The purpose of maintenance is to ensure that both parties have the financial resources they need in order to maintain their standard of living.

If one person does not have the income or financial resources to meet their needs, the other spouse may need to provide it to them. The goal is to make sure that both people have the money they need for their basic living expenses and other costs. When one person does not have enough money to meet their needs, they may request maintenance from the other.

**Reasons Spousal Support May End**

There are several reasons why maintenance in Illinois may come to an end. If you have a specific length that you are required to pay alimony, you will stop paying your former spouse once you reach the time required as specified in your divorce order. Support will also end when the recipient moves in with a partner (under certain circumstances), one of you dies or your former spouse remarries.

There may also be a reason to revisit support if the financial circumstances of the person providing the payments change significantly. The length of time that you will need to pay spousal support depends on the length of your marriage. It is important to note that the length of time to pay alimony will not be based on [marital misconduct](https://www.law.cornell.edu/wex/marital_misconduct).

**How Long Do Support Payments Last?**

The judge has some leeway over the amount and length of spousal support payments. However, the law provides guidelines for the length of time payments should be made. In general, the longer your marriage lasted, the longer support payments will be required. These are the general guidelines for spousal maintenance in Illinois:

- Less than 5 years – 20% of the length of the marriage
- 5 – 6 years – 24% of the length of the marriage
- 6 – 7 years – 28% of the length of the marriage
- 7 – 8 years – 32% of the length of the marriage
- 8 – 9 years – 36% of the length of the marriage
- 9 – 10 years – 40% of the length of the marriage
- 10 – 11 years – 44% of the length of the marriage
- 11 – 12 years – 48% of the length of the marriage
- 12 – 13 years – 52% of the length of the marriage
- 13 – 14 years – 56% of the length of the marriage
- 14 – 15 years – 60% of the length of the marriage
- 15 – 16 years – 64% of the length of the marriage
- 16 – 17 years – 68% of the length of the marriage
- 17 – 18 years – 72% of the length of the marriage
- 18 – 19 years – 76% of the length of the marriage
- 19 – 20 years – 80% of the length of the marriage
- 20 years and more – 100% of the length of the marriage or indefinitely

To calculate the length of time spousal support will be paid, multiply the percentage by the number of years of marriage. For example, if you were married for ten years, you will pay alimony for approximately 4 ½ years. Those who are married 20 or more years will pay alimony for 20 years or indefinitely.

**Speak to a Chicago Spousal Support Lawyer Today**

Spousal maintenance is a serious concern in divorce settlements. Get the legal help you need from our [Chicago spousal support attorneys](https://familylawadvocate.com/contact-us/). Contact us today at Gordon & Perlut, LLC, Attorneys at Law at (312) 360-0250 for a free phone consultation.

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**Categories:** Spousal Support Lawyer

**Tags:** alimony, spousal support

---

### [Why Choosing the Right Divorce Lawyer Matters](https://familylawadvocate.com/why-choosing-the-right-divorce-lawyer-matters/)

**Published:** January 31, 2022
**Author:** familylawadvocate

**Content:**

**Why Choosing the Right Divorce Lawyer Matters**

**By: Gordon & Perlut, LLC**

The d[ivorce rates in Illinois are the lowest they have been in 30 years](https://dailynorthwestern.com/2020/02/25/city/happily-ever-after-in-the-prairie-state-experts-examine-illinois-low-divorce-rates/), however, there are still about 1.3 divorces out of every 1,000 residents. The decision to end your marriage is one that you won’t take lightly, and it will impact your life and your children’s lives for years to come.

Choosing the right divorce lawyer can make a huge difference in the process. Your attorney will guide you through the process to make it easier and less stressful for you and your family. If you pick the wrong attorney, you could spend many hours of unnecessary angst and might end up with a less favorable outcome.

**Choose an Attorney with Divorce Experience**

Not all attorneys are the same. Choose a Skokie divorce attorney with expertise in handling divorce cases. A skilled attorney has knowledge of the current laws and changes to the guidelines that can be extremely helpful during the process. Your attorney should know the ins and outs of divorce cases and must understand the procedures so they can guide you through the process without stress.

You may get some recommendations from friends but be sure to evaluate the area of expertise before you hire an attorney. Attorneys who regularly work with divorce cases know the current Illinois divorce laws and understand the process so they can help their clients better address divorce issues.

**Negotiation Skills Are a Must**

In many divorces, partners have difficulty talking to each other and that can make for an acrimonious situation. Rather than ratchet up the disputes, your divorce attorney will work on your behalf to resolve issues before they worsen.

Your attorney will often be called upon to negotiate your settlement with the other attorney. A skilled Skokie divorce lawyer will be your advocate and will handle the many matters that arise in a fast and professional manner. The right attorney will guide the process to a favorable conclusion.

**Create Parenting Plans that Work**

Parenting plans are a must in most divorces. A parenting plan outlines the parenting responsibilities and provides a framework for handling a wide range of matters after the divorce is final. A comprehensive parenting plan can prevent some of the pitfalls that couples face when they come upon issues that can be challenging.

A knowledgeable Skokie divorce lawyer understands the many critical points that you should include in your parenting plan in order to have a smooth and more amicable parenting situation in the future. While there are standardized parenting plan forms, it is best to review them and make any changes or additions that apply specifically to your case.

**Preserve Your Rights**

One of the most critical issues in the divorce process is to understand your parental rights and responsibilities so you can provide your family with the best experience possible. You need to know that your Skokie divorce lawyer knows your priorities and will stand by your side to guide the process from start to finish.

The right attorney knows you well and will work tirelessly to handle your case so you can have a stress-free process. Your lawyer knows how to take care of the many issues that arise in a timely manner so you can count on a fair resolution that won’t go over your budget.

**Contact Our Skokie Divorce Lawyers**

If you are starting the divorce process, we are here to help. Our compassionate team is available to assist you every step of the way. Call our [Skokie divorce attorneys](https://familylawadvocate.com/divorce/) today at Gordon & Perlut, LLC at (847) 329-0101 for a free initial phone consultation.

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**Categories:** Divorce Attorney

**Tags:** Divorce

---

### [New Illinois Parenting Time Guidelines](https://familylawadvocate.com/new-illinois-parenting-time-guidelines/)

**Published:** February 8, 2022
**Author:** familylawadvocate

**Content:**

**New Illinois Parenting Time Guidelines**

**By: Gordon & Perlut, LLC**

Mothers and fathers are both considered equal partners when it comes to parenting their children. Both the mother and father are important to a child’s life, especially following a divorce. When parents decide to end their marriage, they must consider many settlement matters including where children will reside and how visitation will take place for the other parent. These issues can be extremely emotional but there are laws in place in Illinois to guide parents through this difficult time. Chicago child custody attorneys will assist you in resolving issues that involve your children during a divorce.

**Parental Responsibilities**

Parental responsibilities are those matters that parents share in the rearing of their children after a divorce. The term “parental responsibilities” is now preferred over the words “custody” and “visitation.” Generally, both parents have the responsibility to provide for their children and they both have the right to spend time with them.

Both parents are typically allowed to spend ample time with their children barring any matters that are considered immediate threats to the health and well-being of the child. The Illinois Marriage and Dissolution of Marriage Act (IDMA) includes legislation that governs the guidelines for divorce. The laws continue to evolve and change and have undergone several modifications in recent years.

**Parenting Plan**

Parents work together to create a parenting plan that is fair to both parents and meets all the physical, emotional, and other needs of the child, and is in that child’s best interest. The parents can come to an agreement in regards to how to handle the many issues regarding their children following a divorce. It is helpful to seek guidance from qualified [Chicago child custody attorneys](https://familylawadvocate.com/divorce/child-custody/).

Your lawyer will assist in resolving disputes in order to create a parenting plan with which both parents can agree. In cases where the parents cannot agree, the judge will make a final determination. Keep in mind that the courts always make decisions that are in the best interest of the child.

**Spending Time with Your Child**

Parents often have the need to place the care of their child with another person while they work or when they go out of the home. A parent with primary custody often utilizes a babysitter to care for the children when they are not available.

Now, Judges will generally allow the non-custodial parent the ability to spend time with their child rather than obtaining another caregiver. The parent must first ask the other parent whether they would like to use the time to be with their child. The non-custodial parent has the first right of refusal and may elect to spend time or not depending on their own current availability.

This emphasizes the concern that both parents should spend time with their children. The law recognizes that the child may spend time with the other parent when the primary custodial parent is not home.

**Relocating with a Child**

Many times, a parent needs to move away from their current residence and wish to take their child along. Recent changes are stricter in regards to relocation. Previously, a parent with primary custody could relocate anywhere within the state of Illinois without having to obtain court permission.

Now, parents must obtain approval prior to moving based on the particular rules of the county in which they reside. In [Cook County](https://www.cookcountyil.gov/) and other Illinois counties, the court must provide approval for any move that is more than 25 miles. The court will provide temporary custody until a final determination will be made.

**Contact Our Chicago Child Custody Lawyers**

Parenting time can be challenging and difficult to resolve between parents. Experienced Chicago child custody attorneys are here to help make the process easier and less stressful for you and your family. Contact our legal team at Gordon & Perlut, LLC today at (312) 360-0250 for a free phone consultation.

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**Categories:** Child Custody Attorney

**Tags:** Child Custody, Parenting Time, visitation

---

### [You Could be Charged with a Felony for Moving Children Out of State Without Permission](https://familylawadvocate.com/you-could-be-charged-with-a-felony-for-moving-children-out-of-state-without-permission/)

**Published:** January 26, 2022
**Author:** familylawadvocate

**Content:**

**You Could be Charged with a Felony for Moving Children Out of State Without Permission**

**By: Gordon & Perlut, LLC**

[Child custody disputes](https://familylawadvocate.com/divorce/child-custody/) are common in cases where parents are divorced or unmarried and not living together. Even once a court order is in place, potentially complex issues can arise. A common example is when one parent wants to relocate. The Chicago area child custody lawyers at Gordon & Perlut, LLC explain how to handle this situation and the penalties you could face for moving your child out of state without the permission of the court or the other parent.

**Obtaining Approval For An Out Of State Move**

If you are a divorced or unmarried parent living in the Chicagoland area, the best way to protect your rights and the best interests of your child is to have a child custody order put in place through the [Cook County Circuit Court](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division/Child-Related-Issues) or the Court in your county. During these proceedings, you will create a parenting plan allocating parental responsibility. It will include restrictions on how far away either party may move in the event of a relocation.

One of the primary considerations is that the distance does not impede the other parent from visiting the child or exercising their other parental rights. There are two ways to obtain approval for an out-of-state move:

- **Get the other parent to agree to the move:** This involves sending written notice to the other parent within 60 days of the move, obtaining their signature on the notice, and then filing it with the court so that changes can be made in your child custody order.
- **Take your case to court:** If the other parent does not approve of the move and refuses to sign the notice, you can take your case directly to court. You will need to show why the move is in your and your child’s best interests, the motives behind the other parent’s refusal, and how a parenting plan could be implemented if the court approves your request.

**Parental Kidnapping: Penalties For Violating a Child Custody Order in Illinois**

Even though you are the child’s parent and have primary or partial custody through a court order, you can face serious criminal charges for moving your child out of state without permission. Under the [Illinois Statutes (720 ILCS 5/10-5)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5), intentionally violating the terms of any valid court order granting sole or joint custody by removing a child from the court’s jurisdiction is considered child abduction. You could lose your parental rights as a result and face felony criminal charges, which include the following penalties:

- Required payment of court costs and legal fees
- Fines of up to $25,000
- Up to a three-year jail sentence
- A criminal record that follows you the rest of your life, potentially preventing you from obtaining jobs, housing, or an education

**Discuss Your Case With Our Chicago Child Custody Lawyers**

Before taking actions that could jeopardize your rights as a parent and may even result in criminal charges, discuss your case with our Chicago area child custody lawyers at Gordon & Perlut, LLC. first. To request a confidential consultation, reach out and call the [Chicago child custody law firm](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC today.

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**Categories:** Child Custody, Divorce Attorney

**Tags:** Child Custody

---

### [How Parenting Time is Allotted in Illinois](https://familylawadvocate.com/how-parenting-time-is-allotted-in-illinois/)

**Published:** January 18, 2022
**Author:** familylawadvocate

**Content:**

**How Parenting Time is Allotted in Illinois**

**By: Gordon & Perlut, LLC**

As a parent, time spent with your child is precious. If you are going through a divorce, you may have concerns about more limited interactions and how this could impact your child and the important role you play in their lives.

Fortunately, parenting plans are generally used in these proceedings, which can help protect both your rights and your relationship with your children. Gordon & Perlut, LLC’s family law attorneys in Chicago and our region explain how [parenting time in Illinois](https://familylawadvocate.com/divorce/visitation/) is allotted and what to expect as a result of these proceedings.

**Factors In Allotting Parenting Time In Illinois**

In cases where parents are going through a divorce or unmarried and not living together, a child custody order is recommended to ensure both your rights and the best interests of your child are protected. Under the [Illinois Statutes (750 ILCS 5/600),](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) the court is generally in favor of parenting plans that allow both parties to remain active and engaged in the child’s life.

This often involves joint or co-parenting arrangements. A parenting plan may be negotiated through the parent’s attorneys or through mediation, or by presenting evidence before a judge and having them issue an order in the case. Important factors the court will consider in allotting parenting time in Illinois include:

- Each parent’s current relationship with the child
- Their prior relationship and proven ability to meet the child’s needs
- Their ability to cooperate with the other parent in implementing a parenting plan
- Any issues, such as allegations of drug or alcohol abuse, domestic violence, or other criminal activity, could put the child at risk

**Parenting Time In Illinois: What To Expect**

Parenting time in Illinois will be determined in proceedings held through the local circuit court. Reviewing official [parenting plan forms](https://www.illinoiscourts.gov/Resources/6ee0e945-f9be-4082-b4b7-4b0a22f3265c/Divorce_with_Children_Parenting_Plan.pdf) provided by the court can help you get a better idea of what to expect. Parental responsibilities are generally allocated between both parties involved, depending on the specific circumstances. This includes allotting each parent certain rights in regards to the following:

- **Parenting Time:** Options include equal parenting time, or something that works better for your child, given each parent’s work schedule, the child’s needs, etc.
- **Legal custody:** This involves the right to make important decisions on behalf of the child, such as regarding their medical care, education, and religious holidays. The court may allocate joint decision making to both parents, or award decision making authority to one of the parents.
- **Extended visits and holidays:** Your parenting plan will address how time over the holidays is allotted between each parent and the right to extended visits during school breaks or other special occasions.
- Pick-up and drop-off arrangements: Including these arrangements helps prevent disputes.
- **Provisions for resolving problems:** Certain problems that arise may prompt a return to court.

**Request A Consultation With Our Family Law Attorneys In Chicago**

At Gordon & Perlut, LLC, we know that spending time with your child and participating in their daily activities is a top priority. Let us help ensure your rights are protected in parenting time proceedings. Call the [family law attorneys in Chicago](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC to request a consultation today.

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**Categories:** Divorce Attorney, Parenting Time

**Tags:** Parenting Time

---

### [What to Look for in a Top-Rated Chicago Area Divorce Lawyer](https://familylawadvocate.com/what-to-look-for-in-a-top-rated-chicago-divorce-lawyer/)

**Published:** November 24, 2021
**Author:** familylawadvocate

**Content:**

**What to Look for in a Top-Rated Chicago Area Divorce Lawyer**

**By: Gordon & Perlut, LLC**

A quick Google search of a phrase like “divorce lawyer near me” will instantly connect you with many of the thousands of [divorce lawyers in Illinois](https://www.2civility.org/state-legal-profession-illinois-lawyers/). At first, pretty much all these lawyers look alike. But upon closer inspection, some significant differences emerge. Examining the areas below can help you separate the sheep from the goats.

Procedurally, most divorces settle out of court. But that doesn’t mean they are simple. In fact, most divorces involve some complex emotional and financial issues. So, you need a [top-rated divorce lawyer in Chicago](https://familylawadvocate.com/divorce/) to stand up for your legal and financial rights. The moves you make now will impact your family for years or decades to come. So, it’s important to make the right choice.

**Experience**

The E-word is a relative term. If you handle one divorce, you can claim you are experienced. So, how do you look beyond this marketing term and truly evaluate an attorney’s experience?

Years of experience are crucial. Law school teaches people how to think like lawyers. But it doesn’t teach them how to address real issues like lawyers. That real training only comes from experience. Most local courts have their own rules of procedure and evidence. Furthermore, many of these rules are unwritten. Your marriage dissolution matter should never be a training tool for an inexperienced lawyer.

But years of experience can also be deceptive. Length of time doesn’t necessarily mean an attorney is dedicated to a particular area of law. More on that below. Additionally, many family law attorneys practice for years, yet they have little trial experience. As mentioned, most divorce cases settle out of court. However, your lawyer needs to be able to go the distance, if that’s what is required.

**Dedication**

If your knee hurts, you need to go to an orthopedist instead of a general practitioner. The GP could technically handle your knee problem. But the orthopedist has a specific skill set that can make your knee better.

By the same token, if you have a marriage dissolution issue, whether you need to file a divorce or respond to a filing, you need a top-rated divorce lawyer in the Chicago area. The decisions you make now, including the lawyer you choose, have lasting emotional and financial impacts. Family law is not like any other area of law. An attorney may be very adept at writing wills or winning contract cases. But those skills don’t always transfer to divorce and family law. It’s usually best to work with a lawyer who devotes at least 50% of his or her practice to family law.

**Accessibility**

Goldilocks wanted a chair, bowl of soup, and bed that was just right. A top-rated divorce lawyer in the Chicago area should be just right as well, in terms of accessibility.

Some lawyers have few clients, so they can see you on short notice and they have plenty of time to work on your case. Avoid lawyers like these. There’s probably a reason they have few clients. Also, avoid attorneys on the other end of the accessibility scale. Extremely busy lawyers often treat your case like a number. Worse yet, they may delegate much of the work to an inexperienced associate or even a non-lawyer assistant.

Physical accessibility is important as well. An attorney across town might have an excellent reputation. But as most of us know from experience, most long-distance relationships do not work out very well.

**Reach Out to a Compassionate Cook County Lawyer**

Choosing the right legal advocate might be one of the most important decisions in life. For a free consultation with a [top-rated divorce lawyer in Chicago](https://familylawadvocate.com/divorce/), contact Gordon & Perlut, LLC 312-360-0250. We have several offices throughout Chicagoland.

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**Categories:** Divorce lawyers

**Tags:** divorce lawyer

---

### [How Do I Collect Child Support If My Ex Is Unemployed?](https://familylawadvocate.com/how-do-i-collect-child-support-if-my-ex-is-unemployed/)

**Published:** December 29, 2021
**Author:** familylawadvocate

**Content:**

**How Do I Collect Child Support if My Ex is Unemployed?**

**By: Gordon & Perlut, LLC**

Children deserve the love and support of both of their parents. While you cannot force someone to care for their child or to provide the encouragement they need, you can make them take financial responsibility. [Child support](https://familylawadvocate.com/divorce/child-support/) provides the financial advantages your child needs to thrive and helps ensure their basic needs are met. The Skokie child support lawyers at Gordon & Perlut, LLC., explain how you can get the support your child is entitled to, even if the other parent is unemployed.

**Calculating Child Support Payments In Illinois**

When calculating whether child support needs to be paid, Illinois relies on an [income shares system](https://www2.illinois.gov/hfs/ChildSupport/About/AdvisoryCommittee/Pages/FAQs.aspx). This is designed to help ensure the child is provided for in the same manner as they would be if the parents lived together. It factors in the following information:

- Each parent’s individual income and assets.
- Their combined income and wages.
- The number of children for whom support is needed.
- The individual needs of each child and any other relevant factors involved.

What happens if the other parent is unemployed? This is not an uncommon situation. Some lose their jobs through no fault of their own. Others either quit or work under the table to avoid their child support obligations. Regardless of the circumstances, the court can impute income. This represents the amount they would or should be making if employed, based on their skills, experience, and prior earned wages.

Collecting Imputed Child Support Payments

Once a court order for child support is in place, the other parent is obligated to pay. This is true whether they are actually working or if the court had to impute an amount. If they fail to pay this debt, they could be held in contempt of court. This means they could be subject to fines, immediate arrests, and enforcement efforts through the [Illinois Department of Health Care and Family Services (DHF)](https://online.hfs.illinois.gov/online/entry-flow.htm?execution=e1s1). These include:

- Garnishment of any wages or benefits they do receive, including military pay and unemployment or disability benefits.
- Seizure of assets in bank accounts.
- Seizure of tax refunds and lottery winnings.
- Liens on their property, which prevents them from selling it without making payments.
- Suspension of their business or driver’s license.

Any unpaid child support amounts will continue to accrue. This is one debt that will never go away. They cannot erase it by filing for bankruptcy or through other means. Eventually, they will have to “face the music”, obtain a job, and pay the total amount past due as well as any current amounts you and your child are owed.

**Our Skokie Child Support Lawyers Are Here To Help You**

As a parent, there is nothing more frustrating than seeing your child go without the financial support they need and deserve. At Gordon & Perlut, LLC., we are dedicated to helping people in this situation get the total amount they are owed. To get our legal team acting as a strong legal advocate on your side, reach out and call or [contact our Skokie child support lawyers](https://familylawadvocate.com/contact-us/) and request a consultation today.

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**Categories:** Chicago Child Support Lawyers

**Tags:** child support

---

### [How Incidents of Family Violence Affect Child Custody](https://familylawadvocate.com/how-incidents-of-family-violence-affect-child-custody/)

**Published:** December 22, 2021
**Author:** familylawadvocate

**Content:**

**How Incidents of Family Violence Affect Child Custody**

**By: Gordon & Perlut, LLC**

Family violence is an unfortunately common problem in Illinois, occurring between married couples and those unmarried but living together. It can involve actual physical acts, such as:

- Hitting
- Punching
- Pushing
- Choking threats
- Sexual assault
- Abuse
- Damage to property

When children are involved, it can be particularly devastating, even if they are not the actual targets of the abuse, and is a definite issue if the couple breaks up in determining child custody. The [Chicago child custody attorneys](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC., explain what you need to know if you or someone you love is in this type of situation.

**Family Violence In Illinois**

Family violence can happen to anyone and crosses all ethnicities, races, religions, and socioeconomic lines. According to the [Illinois Council Against Domestic Violence (ICADV)](https://www.ilcadv.org/stats-resources/), it impacts more than 50,000 people throughout the state, with over 6,000 of these being child witnesses.

Family violence often begins with yelling, screaming, doing damage to property and personal belongings and eventually escalates to physical harm. While the abuser may not target your children, they can still be profoundly affected by it. Seeing family violence in the home and living with the fear and uncertainty of when it is going to happen again can cause your child to exhibit the following symptoms:

- Sleep disturbances and problems such as bedwetting.
- Anxiety disorders and symptoms, such as clinginess, nail-biting, stuttering, and pulling out hair.
- Depression and isolation, impacting their ability to make friends.
- Eating and digestive disorders, which can have long-term impacts on their health.
- Increased frustration and acting out or performing poorly in school.

**Family Violence And Child Custody In Illinois**

Addressing family violence, getting the help you need, and leaving an abuser can prove challenging. It is important to know help is available and thinking of the potential effects it has on your children can provide the motivation you need. Obtaining a domestic violence restraining order in Illinois is often the first step. However, whether or not one is in place, you likely still have valid concerns about the abuser’s relationship with your children and their rights regarding custody.

Protecting the safety and best interests of children is a top priority with the courts. Under the [Illinois divorce Statutes](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), accusations of family violence play a major role in child custody proceedings. Steps you can take to protect yourself, your rights as a parent, and your children in this situation include:

- Report any incidents of family violence to the police.
- Document your injuries and any property damage the abuser does.
- Get yourself and your children to a safe place.
- Enlist the support of family and friends.
- Contact our Chicago child custody attorneys.

**As Experienced Chicago Child Custody Attorneys, Gordon & Perlut, LLC. Is Here To Help**

If you are experiencing family violence and have concerns about your own safety and that of your children, [contact our experienced Chicago child custody attorneys](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC. We act as a strong legal advocate on your side, helping to ensure you are protected. Reach out to our office and request a consultation today.

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**Categories:** Child Custody Attorneys

**Tags:** Child Custody, family violence

---

### [How are Support Payments for Extracurricular Activities Calculated in Illinois?](https://familylawadvocate.com/how-are-support-payments-for-extracurricular-activities-calculated-in-illinois/)

**Published:** December 7, 2021
**Author:** familylawadvocate

**Content:**

**How are Support Payments for Extracurricular Activities Calculated in Illinois?**

**By: Gordon & Perlut, LLC**

As a parent, you want your child to have the tangible things they need to succeed in life and the types of experiences that can help make them happy, well-rounded people. In many cases, this means enrolling them in extra-curricular activities.

Unfortunately, if you are a divorced or single parent, paying for these activities can end up proving challenging. The [Chicago child support lawyers](https://familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC., explain how these costs are calculated in Illinois and how they can be included in your child support payments.

**The High Costs Of Extracurricular Activities**

Parents often complain about how much time their children spend inside, sitting in front of the television, computer, or cell phone. Extracurricular activities are often a better use of their time, providing exercise, socialization, and fostering skills that will serve them well in life and on college applications. Among the most popular extracurriculars include:

- School or community-sponsored team sports, such as football, basketball, soccer, or tennis.
- Individual sports and athletics, such as track, gymnastics, and weightlifting.
- Cheerleading and dance.
- Creative arts, theatre, and music.

Most of these programs come at a cost. Program fees, equipment, instruments, or other supplies, and traveling to other towns for competitions can all put a major dent in your budget. According to a Pew Research study, [children who engage in extracurricular activities](https://www.pewresearch.org/social-trends/2015/12/17/5-childrens-extracurricular-activities/) are generally more likely to come from higher-income families who are able to pay the costs.

If you are a single parent or struggling to make ends meet after a divorce, this can be discouraging. Fortunately, our Chicago area child support lawyers can help you get extra-curricular activities included as part of your child support payments.

**Calculating Child Support For Extracurricular Activities**

Parents have a moral obligation and a legal duty to provide for their children. In Illinois, an [income shares model](https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx) is used to determine child support in cases where parents are not living together. The formula for calculating the amount owed involves:

- Calculating the income of each parent.
- Determining the number of children for whom child support is owed.
- Using a standardized table to determine basic child support obligations.
- Use worksheets to determine the amount each parent is required to contribute.

This formula provides for the child’s basic needs and living costs, but the Court can require each parent to contribute to the cost of extracurricular expenses, in addition to regular child support.

**Request A Consultation With Our Chicago Child Support Lawyers**

Extracurricular activities can enrich your child’s life and often benefit them for years to come. In some cases, they turn into lifelong hobbies. In others, they form the basis for future careers. In either situation, your child should not be denied the opportunity to participate in extracurriculars simply because the other parent is unwilling to pay.

At Gordon & Perlut, LLC., we can help in having funds for these activities included as part of child support payments. To discuss the options available, [call or contact our Chicago child support lawyers](https://familylawadvocate.com/contact-us/) and request a consultation today.

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**Categories:** Child Support Lawyers

**Tags:** extracurricular activities

---

### [Can I Protect My 401(k) During Divorce Proceedings in Illinois?](https://familylawadvocate.com/can-i-protect-my-401k-during-divorce-proceedings-in-illinois/)

**Published:** November 18, 2021
**Author:** familylawadvocate

**Content:**

**Can I Protect My 401(k) During Divorce Proceedings in Illinois?**

**By: Gordon & Perlut, LLC**

Even if only one spouse makes all the financial contributions, at least in most cases, 401(k)s and other retirement accounts are [marital property](https://www.investopedia.com/articles/retirement/03/060403.asp) in Illinois. One spouse contributes financially, and the other spouse contributes non-financially. Both contributions have equal weight. So, a retirement account is subject to equitable division upon divorce.

For both spouses, a 401(k) or another retirement account usually has an emotional value that, in many cases, exceeds its financial value. During a divorce, a 401(k) represents a reward for long-term savings as well as future financial security. Only a Chicago or [Skokie divorce lawyer](https://familylawadvocate.com/divorce/) can effectively protect these legal and financial rights.

**Prenuptial Agreements**

In most areas of life, an ounce of protection is often worth a pound of cure. This aphorism is applicable to a [401(k) in a divorce case](https://dph.illinois.gov/data-statistics/vital-statistics/marriage-divorce-statistics). A prenuptial agreement often resolves conflicts over things like retirement account distribution in advance. So, if you have been married before, you should at least consider a premarital agreement. Typically, your 401(k) has already been divided once. It’s very important to protect what remains.

Furthermore, Illinois lawmakers recently adopted the Uniform Marital and Premarital Agreements Act. So, the web of laws and cases which once governed premarital agreements is gone. Now, these pacts are much more straightforward.

A prenuptial agreement can cover a wide variety of financial and non-financial topics. Prenups classify property as marital or non-marital and also include distribution provisions. Non-financial topics include succession and inheritance provisions. These clauses are especially useful if the couple has a family business to pass along to their children.

Most judges uphold most premarital agreements, as long as the terms are not grossly one-sided and each spouse had an independent divorce lawyer throughout the process.

**Setoff**

A retirement account is often the largest marital property asset in a divorce. However, a 401(k) is only one asset. So, there is plenty of room for a set-off.

Assume husband and wife are relatively new homeowners when they divorce. Especially if it means keeping the children in the family home, the wife might agree to take a smaller portion of the husband’s 401(k) in exchange for all the equity in the home and outright title to the residence. This arrangement might be a good deal for a husband since the couple probably has little equity in their home and a judge would most likely order such a division anyway.

Military retirement accounts work a bit differently, because of the 10-10-50 rule. If the marriage lasted at least ten years and the account owner had at least ten years of service, the government usually divides the account 50-50. Different divisions are available, but the procedure is rather complex.

Give and take of this nature often involves mediation. During mediation, an unaffiliated Chicago or Skokie divorce lawyer or other neutral professional works with both sides and tries to facilitate a settlement.

**Contact a Dedicated Cook County Divorce Lawyer**

Divorce does not necessarily mean the loss of half your retirement savings. For a free consultation with an experienced Chicago or [Skokie divorce lawyer](https://familylawadvocate.com/divorce/), contact Gordon & Perlut, LLC at 312-360-0250. Convenient payment plans are available.

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**Categories:** Divorce Lawyer

**Tags:** Divorce, prenuptial agreement

---

### [How is Retroactive Child Support in Illinois Calculated?](https://familylawadvocate.com/how-is-retroactive-child-support-in-illinois-calculated/)

**Published:** November 3, 2021
**Author:** familylawadvocate

**Content:**

**How is Retroactive Child Support in Illinois Calculated?**

**By: Gordon & Perlut, LLC**

In general, child support payments raise children’s standard of living to the level it would have been if their parents were married. That’s especially true in an [income-share state](https://www.ncsl.org/research/human-services/guideline-models-by-state.aspx) like Illinois. Therefore, determining the amount of child support is not always easy. Determining the starting point of child support payments, especially if this determination involves [retroactive child support](https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx), is sometimes troublesome as well.

A few extra months, or even a few extra weeks, of child support payments, make an enormous difference, to both:

1. The obligors, or people paying support.
2. The obligees, or people paying support.

Since it’s almost impossible to reopen a closed case on technical grounds, such as the beginning date of child support payments, it’s very important that a [Chicago child support lawyer](https://familylawadvocate.com/divorce/child-support/) get it right the first time.

**Triggering Event**

Whether the child support obligation involves an original order or subsequent modification, a triggering event usually starts the clock ticking in terms of retroactive child support.

Usually, the date of separation is the triggering event in a divorce case. That rule seems straightforward enough. But most people are separated for many months, or even many years, before they file for divorce. Most obligors support their children during these times. But the payments are informal. Furthermore, many couples reconcile multiple times. These reconciliations could last an hour or a month. Most importantly, the date you file a request for child support is key, and often Judge will not award support prior to this date.

So, when the case goes to court, the obligor could be facing a significant bill. Given the nature of reconciliation and informal payments, an exact figure is usually difficult to determine.

Fortunately, almost every financial matter in a divorce is negotiable. If the spouses agree on an amount, the judge usually endorses that agreement. Like any negotiation, discussions over retroactive child support usually involve some give and take.

Informal payments and intermittent reconciliations usually do not affect modification matters. When circumstances materially and substantially change, the child support obligation changes as well. Since Illinois is an income share state, these changed circumstances could be emotional or financial. The emotional changes usually involve a substantial shift in the number of overnight visits. Financial changes are much more common. Many people change jobs frequently.

The date of the change is almost always different from the filing date. Child support increases are usually retroactive to the filing date.

**Determining the Amount of Child Support**

Once the triggering event date is established, the amount of retroactive child support is the only other substantial issue.

Usually, Illinois’ child support guidelines determine the amount. These guidelines are presumptively reasonable in most cases. The guidelines take a number of factors into account, such as:

- The age of the children.
- The income of both parties.
- The proportion of overnight visits.
- Other children a party has a legal duty to support through a Court Order.

However, the guidelines are not dispositive in all cases. Judges may deviate from them if they are “inequitable, unjust, or inappropriate.” That’s a rather subjective standard. Some specific factors include medical expenses which are “necessary to preserve the life or health of a party or a child of either or both of the parties” and a child’s “special medical, physical, or developmental needs.”

**Contact a Dedicated Cook County Child Support Lawyer**

Retroactive child support is an issue in almost every divorce and modification. For a free consultation with an experienced [Chicago child support lawyer](https://familylawadvocate.com/divorce/child-support/), contact Gordon & Perlut, LLC at 312-360-0250. After-hours and virtual visits are available.

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**Categories:** Child Support

**Tags:** child support

---

### [How Much Child Support Should I Get Per Child?](https://familylawadvocate.com/how-much-child-support-should-i-get-per-child/)

**Published:** October 22, 2021
**Author:** familylawadvocate

**Content:**

**How Much Child Support Should I Get Per Child?**

**By: Gordon & Perlut, LLC**

Parents have a moral duty and a legal obligation to financially support their children. Child support in Illinois helps to ensure that basic needs are met and that your child has access to the material items and resources they need to be happy and successful.

For parents who are divorced or unmarried, a formal child support order issued through the court is the best way to ensure a reasonable amount is paid. The Chicago and [Skokie child support attorneys](https://familylawadvocate.com/divorce/child-support/) at Gordon & Perlut, LLC can explain how these amounts are factored and how to determine how much child support you should get per child.

**Factors That Influence Child Support in Skokie and Chicago**

Under the [Illinois child support Statutes](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505), parents are required to provide financially for their children. In cases of divorce or in paternity proceedings involving unmarried parents, the court will determine a reasonable amount that should be paid. Factors that influence child support amounts in Skokie include:

- Each parent’s individual income and assets.
- The amount of time the child spends in each parent’s home.
- The child’s individual financial needs.
- The standard of living the child would have otherwise enjoyed if the parents had not divorced or otherwise continued living together.

In determining the amount of child support payments, the court looks at any gross income either parent receives. This includes:

- Wages.
- Bonuses.
- Commissions.
- Tips.
- Other compensation earned on the job.
- Money that is received regularly through trusts or investments.
- Profits from businesses and pensions.
- Retirement funds.
- Veterans or disability payments.
- Any other benefits received.

Having no income or working under the table will not prevent a judge from ordering child support payments. An amount may be computed based on the individual’s skill, level of education, and experience, as well as any prior income received.

**Estimating Child Support Amounts Per Child**

The state of Illinois has clear-cut guidelines for awarding child support payments. The following details the formula that is generally used:

- Determine each parent’s monthly net income.
- Add the amount from both parents together.
- Look up this amount under the [Schedule of Basic Child Support Obligations](https://www2.illinois.gov/hfs/SiteCollectionDocuments/TechnicalDocumentationIllinoisScheduleNetIncomeTable.pdf).
- Factor in the number of children to determine estimated child support payments.
- Determine each parent’s prorated share.

The prorated share is based on your income. For example, the basic child support obligation for a couple with one child earning a combined monthly income of $1,500 per month is $325. If one spouse makes $1,000 and the other $500, their prorated shares would be roughly $231 and $107.

Keep in mind that this is a basic amount, and does not account for:

- Daycare costs.
- Health insurance.
- School tuition.
- Other expenses.

Another way to estimate the amount of child support you should get per child is to use the [Illinois Department of Health and Family Services (IHFS)](https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/ChildSupportEstimator.aspx) child support estimator.

**Our Chicago and Skokie Child Support Attorneys Protect Your Rights**

At Gordon & Perlut, LLC., we protect your rights when it comes to child support and ensuring any court-ordered amounts are paid. To discuss your particular case, [contact our Skokie child support attorneys](https://familylawadvocate.com/contact-us/) and request a consultation today.

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**Categories:** Divorce Attorney

**Tags:** child support

---

### [How Do I Collect Child Support if My Ex Leaves the Country?](https://familylawadvocate.com/how-do-i-collect-child-support-if-my-ex-leaves-the-country/)

**Published:** October 14, 2021
**Author:** familylawadvocate

**Content:**

**How Do I Collect Child Support if My Ex is Leaves the Country?**

**By: Gordon & Perlut, LLC**

For parents who are divorced, or unmarried, court-ordered child support payments help to ensure your child is provided for and has what they need. A court order also protects you in the event support is not paid, entitling you to enforcement efforts for past due and current amounts owed. A common question concerns how to collect child support if the other parent is not from the U.S. or leaves the country. Our [child support lawyers in Chicago](https://familylawadvocate.com/divorce/child-support/) explain the options that are available.

**The Obligation to Pay Child Support in Illinois**

Parents are required to financially support their children. Under the [Illinois child support Statutes](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505), a child support order can be issued, requiring a non-custodial parent to pay a certain amount based on:

- Your combined incomes.
- The child’s specific needs.
- The manner of living the child would enjoy if their parents lived together.
- Any other specific circumstances surrounding the case.

In addition to making sure you get the maximum amount of child support, you are entitled to, a court order for support can help ensure outstanding amounts are paid. Through the [Illinois Department of Health and Financial Services (IHFS)](https://www2.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf), collections actions available include:

- Garnishment of the non-paying parent’s wages.
- Seizure of assets in bank accounts.
- Liens on personal property owned.
- Seizure of tax refunds, lottery winnings, and certain types of government benefits.

Child support orders are valid across state lines and can easily be enforced in other cities and states across the United States, but what happens when the non-paying parent leaves the country? Seizure of benefits and money in U.S. accounts is still possible, as are liens of any property they still have in their name. For garnishment of wages earned in another country or seizure of overseas accounts, you will need to enlist the help of federal programs that are in place.

**Tracking Down Non-Paying Parents in Other Countries**

Parents who are in the country on a visa and U.S. citizens otherwise looking to evade responsibility for child support payments may flee the country. While this presents unique challenges in terms of obtaining and fulfilling an Illinois child support order, help is available. Through the U.S. Office of Health and Human Services, the [Office of Child Support Enforcement (OCSE)](https://www.acf.hhs.gov/css/parents/how-do-you-get-child-support/international-cases) assists in obtaining child support in international cases. Services they provide include:

- Locating a missing parent who has fled to another country.
- Establishing paternity as needed.
- Establishing court-ordered child support in the country where the other parent currently resides.
- Collecting current child support and any past due amounts owed in that country, through wage garnishment or other means.
- Making any changes or modifications in the child support order as required.

**Get Our Child Support Lawyers in Chicago on Your Side**

Collecting child support when a parent flees the country is challenging but you can count on Gordon & Perlut, LLC. to provide the trusted legal guidance you need. To get our legal team on your side, call or [contact our child support lawyers in Chicago](https://familylawadvocate.com/contact-us/) and request a consultation today.

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**Categories:** Child Support Attorney

**Tags:** child support

---

### [What is the Most Common Reason for Divorce?](https://familylawadvocate.com/what-is-the-most-common-reason-for-divorce/)

**Published:** October 1, 2021
**Author:** familylawadvocate

**Content:**

**What is the Most Common Reason for Divorce?**

**By: Gordon & Perlut, LLC**

Going through a divorce is one of the most stressful experiences. Our experienced [divorce lawyer in Skokie](https://familylawadvocate.com/divorce/) and Chicago is here to help you through the process. Find out some of the most common reasons for getting a divorce in cases we represent.

**Do You Have Grounds For a Divorce In Illinois?**

In the past, the [Illinois divorce Statutes](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) listed specific fault grounds for divorce. While these were abolished in favor of ‘no-fault’ divorce in 2016, many of them remain common reasons for divorce today. Among those most frequently cited by clients include:

- **Adultery:** This remains one of the most common reasons for getting a divorce in Skokie, Chicago, and the Illinois region. While you may attempt to forgive a spouse who has had an affair, recovering in the aftermath and regaining trust often proves impossible. While you are not required to list this as a fault ground in your divorce proceedings, it is important to let your attorney know that a spouse committed adultery, as it could impact your rights.
- **Alcohol or drug abuse:** Having a spouse with a drug or alcohol addiction often proves to be a nightmare. As much as you might want to help, there may come a point where divorce is your only option. Again, discuss this with our divorce lawyer, as your spouse may have depleted assets in the course of fueling their addiction.
- **Domestic abuse:** Physical violence, emotional abuse, threats, and destruction of property should never be tolerated and are all valid reasons to seek a divorce. To protect your safety, one of the first steps we can take is to put a restraining order in place.
- **Felony conviction:** While this is no longer grounds for divorce in Illinois, criminal activity and problems with the law can wreak havoc in your family, destroying your reputation in the community and ruining any chance for financial stability.

**Other Common Reasons For Divorce In Illinois**

Other former fault grounds for divorce in Illinois include abandonment, impotence, mental illness, and infecting a spouse with a sexually transmitted disease. In lieu of these or any of the above, divorces in our state are now granted on the basis of irreconcilable differences. This means that issues between the two of you are divisive, ongoing, and generally beyond repair.

According to the National Institutes of Health (NIH), these are some of the [most common reasons for getting a divorce](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4012696/#:~:text=The%20most%20commonly%20reported%20major,blamed%20themselves%20for%20the%20divorce.). Ways in which irreconcilable differences may play out in your marriage include:

- Ongoing disagreements about money and lifestyles.
- Different parenting styles and views regarding how to raise children.
- Growing apart over the years, a common problem among older couples in long-term marriages.
- Basic incompatibility, which may have been present since you first wed.

**Reach Out To Our Divorce Lawyer In Skokie and Chicago**

Deciding to get a divorce is never easy. At Gordon & Perlut, LLC., we provide the caring support and trusted legal guidance you need. To request a confidential consultation regarding your rights in divorce and your reasons for filing, reach out and contact our [divorce lawyer in Chicago](https://familylawadvocate.com/divorce/) today.

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**Tags:** Divorce

---

### [How Long Do I Have to Pay College Expenses For a Child In Illinois?](https://familylawadvocate.com/how-long-do-i-have-to-pay-college-expenses-for-a-child-in-illinois/)

**Published:** September 28, 2021
**Author:** familylawadvocate

**Content:**

**How Long Do I Have to Pay College Expenses For a Child In Illinois?**

**By: Gordon & Perlut, LLC**

Child support in Illinois ensures that children are provided for in cases where parents are divorced or unmarried and no longer in a relationship. It can help ensure their material needs are met and that they have the advantages necessary to succeed and thrive in life. This often includes getting a college education. Our [child support attorney in Skokie](https://familylawadvocate.com/divorce/child-support/) explains that while child support ends once your son or daughter turns 18 or graduates from high school, the Court can still require both parents to contribute in order to cover their college expenses.

**When Support Is Ordered To Cover College Expenses**

Children have the right to receive financial support from both parents, regardless of their relationship. In cases where the parents are unmarried or divorced, child support payments may be ordered through the [Cook County Domestic Relations Court](https://www.cookcountyclerkofcourt.org/NewWebsite/Departments/Domestic-Relations.aspx).

Generally, child support payments are scheduled to last up until the child reaches the age of 18, or 19 if they are still in high school. However, a judge can order both parents to contribute financially after child support has ended if the child chooses to continue their education and requires financial help to meet their college expenses. Factors that are likely to influence awarding child support to cover college costs include:

- Each parent’s individual income and assets
- The overall financial needs of the child
- The total expected costs of their education
- Their academic performance thus far in school
- Their chosen college, their major, and their overall chances of success in college
- Any special circumstances surrounding the situation, such as a child with special needs

If the court determines child support for college expenses is warranted, the judge has the authority to order each parent to pay. These payments may be required up until the child turns 23, or if good cause is shown and they are still in school, up until their 25th birthday.

**What College Expenses Are Covered?**

The child in question must sign a consent form granting the parent access to their academic records, their grades, and their college transcripts. They must also maintain a cumulative “C” grade point average throughout their college career and during the time the college support is being paid. Under the [Illinois child support Statutes,](https://www.ilga.gov/legislation/ilcs/documents/075000050K513.htm) common types of college expenses that may be covered by child support include:

- College preparatory classes and entrance exams
- The costs of applications for up to five schools
- All tuition, room, and board, capped at the instate rate for the University of Illinoi
- Textbooks and lab fee
- Extracurricular and recreational expenses
- Transportation cost
- Medical care

**Discuss Your Options With Our Child Support Attorney in Skokie**

When dealing with complex issues pertaining to child college expenses, you can count on Gordon & Perlut, LLC. to provide the trusted legal guidance you need. To discuss your options, give us a call at 312-360-0250 OR 847-329-0101 or contact our Chicago / Skokie attorneys to [request a free consultation today](https://familylawadvocate.com/contact-us/).

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**Categories:** Child Support, Divorce Attorney

**Tags:** child support

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### [How Often Do Fathers Get Equal Custody in Illinois?](https://familylawadvocate.com/how-often-do-fathers-get-equal-custody-in-illinois/)

**Published:** September 7, 2021
**Author:** familylawadvocate

**Content:**

**How Often do Fathers Get Equal Custody in Illinois?**

**By: Gordon & Perlut, LLC**

Illinois child custody proceedings determine parental rights and the amount of time the child spends in each parent’s home. While mothers are not automatically favored as they once were in the past, fathers still need an experienced [fathers’ rights lawyer in Chicago](https://familylawadvocate.com/fathers-rights/) on their side. At Gordon & Perlut, LLC, we protect you and your child’s best interests in these proceedings. Find out more about how often fathers get equal custody in Illinois and factors that are likely to influence your case.

**Protecting The Rights of Fathers In Illinois Child Custody Proceedings**

In previous generations, family courts often followed the ‘tender years doctrine’. This was a legal principle that held children were generally better off in the care and custody of their mother. When parents were divorced or unmarried, fathers faced an uphill battle simply in being awarded visitation, much less custody. Fortunately, this has changed over the years.

Today, [Illinois child custody](https://www.custodyxchange.com/topics/research/dads-custody-time-2018.php) proceedings focus on parenting plans that can allow both parties to play an active and engaged role in the child’s life. However, fathers still often fail to get equal custody. Research conducted by Custody X Change shows that in our area, less than a quarter of total custody time (23.1 percent) is awarded to fathers. This is significantly less than in some other states.

As a father, how can you protect your rights and improve your chances of getting equal custody in Illinois child custody proceedings?

- If you are unmarried, get a paternity test to prove you are the father
- Maintain frequent and ongoing contact with the child, in whatever ways possible
- Contribute to your child’s care and support, regardless of whether you are going through a divorce or have a contentious relationship with the mother
- Get our father’s rights lawyer in Chicago on your side

**Factors A Judge Will Consider In Illinois Child Custody Cases**

Illinois child custody laws have changed dramatically over the years. Instead of referring to ‘child custody’ which may be awarded to one parent or the other, the court now aims for allocating parental responsibilities. However, under the [Illinois marriage dissolution Statutes (750 ILCS 5/602.5),](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) the court’s primary concern is protecting the best interests of children in this situation. There is nothing in the law that requires both parents to be allocated parenting time. Factors a judge will likely consider in your case include:

- Your current and prior relationship with the child
- Your ability to nurture and provide for their needs
- Your willingness to cooperate with their mother in implementing parenting plans
- Any factors that could put the child at risk, such as allegations of abuse, criminal behavior, or drug and alcohol problems

**Get Our Father’s Rights Lawyer In Chicago On Your Side**

Fathers can face an uphill battle when it comes to Illinois child custody proceedings. To protect yourself and your relationship with your child, get our Chicago father’s rights lawyer on your side. Call 312-360-0250 or [contact Gordon & Perlut, LLC online](https://familylawadvocate.com/contact-us/) today to request a no-obligation, free consultation.

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**Categories:** Child Custody

**Tags:** Child Custody, Fathers Rights

---

### [Domestic Violence and Child Custody in Illinois](https://familylawadvocate.com/domestic-violence-and-child-custody-in-illinois/)

**Published:** August 13, 2021
**Author:** familylawadvocate

**Content:**

**Domestic Violence and Child Custody in Illinois**

**By: Gordon & Perlut, LLC**

Domestic violence is taken extremely seriously when it comes to [child custody in Illinois](https://familylawadvocate.com/divorce/child-custody/). Indeed, the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), which governs child custody and many other family law matters, expressly states that one of its purposes is to “protect children from exposure to conflict and violence.”

The IMDMA also emphasizes that child custody—which is known as the allocation of parental responsibilities under Illinois law—should be decided based on what is in the children’s best interests.

The law clarifies that it is typically in the best interests of a child to have “proximity to, and frequent contact with, both parents” because it “promotes the healthy development of children.” However, the IMDMA also explains that such frequent contact with both parents is only presumed to be healthy for the child “in the absence of domestic violence.”

In other words, the existence of domestic violence allegations or convictions can mean that the court ultimately will determine that it is not in the child’s best interest to have frequent contact with both parents, and may allocate parental responsibilities accordingly.

**Best Interests of the Child Factors for Significant Decision-Making Responsibilities and Parenting Time**

 Illinois courts allow parents to work together to develop a parenting plan in which they allocate parental responsibilities—which include both significant decision-making responsibilities and parenting time—as long as the allocation is in the best interests of the child.

Yet in most situations where allegations of domestic violence have arisen, the parents will not develop a parenting plan for the court to approve.

Instead, the court will consider a variety of statutory factors to determine what kind of custody arrangement is in the best interests of the child and will allocate parental responsibilities based on those factors.

Courts in Illinois allocate both significant decision-making responsibilities (i.e., the ability to make important decisions about the child’s upbringing, such as education and health care) and parenting time (i.e., spending time with the child and providing caretaking functions).

Those courts can consider more than a dozen statutory factors as well as other relevant factors that are not expressly listed in the IMDMA. For both significant decision-making responsibilities and parenting time, the IMDMA cites the following relevant factors:

- Physical violence by the child’s parent directed at the child
- Abuse against the child or other member of the child’s household

**Allocation Factors Versus Restrictions on Parental Responsibilities**

 To be clear, a court can take into account domestic violence that has been directed at a child, as well as the mere presence of domestic violence in the child’s household. The child does not have to be the direct target of domestic violence for a court to consider domestic violence as a factor in allocating parental responsibilities.

Domestic violence can be a factor in how the court allocates parental responsibilities, and in some cases, it can result in a restriction of parental responsibilities. In order to restrict parental responsibilities due to domestic violence, however, a court must conduct a hearing and find that the parent accused of domestic violence engaged in conduct that “seriously endangered the child’s mental, mortal or physical health or that significantly impaired the child’s emotional development.”

**Contact Our Chicago and Skokie Child Custody Lawyers**

 A [child custody lawyer in Skokie](https://familylawadvocate.com/divorce/child-custody/) or Chicago is here to help with your questions and concerns about child custody and domestic violence under Illinois law. Contact Gordon & Perlut, LLC today.

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**Categories:** Child Custody Lawyer

**Tags:** Child Custody

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### [Chicago Divorce - Planning Tips for Stay at Home Spouses](https://familylawadvocate.com/chicago-divorce-tips-for-stay-at-home-spouses/)

**Published:** April 20, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Divorce – Planning Tips for Stay at Home Spouses**

[By M: Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

When you’ve been staying at home to raise children while your spouse earns the majority of the household income, the prospect of[ Chicago divorce](https://familylawadvocate.com/divorce/ "Chicago Divorce") can induce many concerns and anxieties. However, it’s important to remember that the court will take into account your non-economic contributions to the marriage, as well as your spouse’s income, when making decisions about property division and[ spousal maintenance](https://familylawadvocate.com/divorce/).

At the same time, there are important steps you can take to ensure that you’re treated fairly during[ the Chicago divorce process](https://familylawadvocate.com/divorce/). Below are a series of actions you should take when you’re certain that you or your spouse will be filing for divorce.

**Make an Inventory of Your Property**

When it comes time for property division for Chicago Divorce, Illinois is an “equitable distribution” state. This means that the court won’t necessarily divide your property equally, but rather will divide it equitably. It’s important to know what you own that counts as marital property and what counts as separate property. Generally speaking, most assets you acquired during the marriage will be “marital property” for the purposes of division, but there are a number of exceptions.

You don’t need to make a list of every item you and your spouse own together, but it’s a good idea to have a rough inventory of major items. Making a list of property can help to ensure that nothing gets left out (and that your spouse doesn’t end up with an unfair share) during division. Some items you should put on your list include real estate, bank accounts, retirement accounts, stocks, cars, boats, furniture, artwork, home appliances, jewelry, and other items of significant value.

**Have Knowledge of Your Spouse’s Income**

While it might seem like a silly question, do you know precisely how much income your spouse earns? If your spouse is the primary earner, his or her income will be extremely important in determining issues like spousal maintenance. You should look at recent paycheck stubs and write down the amount of income, and you should also learn about any income from small businesses or investments.

If your Chicago divorce is likely to get heated, it may be difficult to learn this information later on in the process. You want to do everything you can now so that you’re prepared when it comes time to go before a judge.

**Hire an Experienced Chicago Divorce Lawyer**

Family law is extremely complicated, and divorces can be messy. There’s no reason that you should handle your divorce on your own, especially if you and your spouse have acquired significant property during the marriage, or if you’ve had children together. An experienced Chicago divorce attorney can help you to understand your rights under Illinois law and can advocate for those rights during the divorce proceedings.

Many divorcing couples don’t realize that some of the actions they take—out of frustration or anger—can seriously impact a favorable outcome from the divorce. In particular, it’s important to stay level-headed when it comes to your children. You don’t want to make a mistake that could affect your custody rights.

Facing a divorce can be extremely difficult. However, you don’t have to face the obstacles alone.[ Contact](https://familylawadvocate.com/contact-us/) the law offices of Gordon & Perlut, LLC today to speak with an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/).

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**Categories:** Divorce Tips for stay at home spouses

**Tags:** Chicago Divorce, Chicago Divorce Lawyer, Divorce Tips for stay at home spouses

---

### [Traveling with your Children? Be Sure to Follow These Guidelines](https://familylawadvocate.com/traveling-with-children-child-custody/)

**Published:** August 13, 2015
**Author:** familylawadvocate

**Content:**

**Traveling with your Children? Be Sure to Follow These Guidelines**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

When traveling with children after a child custody dispute, it is extremely important to follow proper protocol. Take the recent case of a Skokie man who allegedly left the country with his children without their mother’s knowledge.

Murtaza Ali, who according to federal authorities took his three children on an unauthorized trip to Istanbul on May 2, is facing federal kidnapping charges, with a maximum sentence of three years in prison and a $250,000 fine.

The details of this particular case are brazen; apparently, the mother wasn’t informed of the trip until after Ali and the children had arrived in Turkey. Yet it does shed light on an important issue in [child custody](https://familylawadvocate.com/divorce/child-custody/ "child custody"): the need to adhere to the letter of the law whenever leaving with children for any period of time.

To help parents understand their rights to travel with their children, we’ve provided some general tips below.

**Look to the Court Order**

If custody has already been decided, your court order should already provide guidance. Most court orders will specifically address matters of out-of-state travel. Look specifically for any orders that prohibit leaving the state with your children. More commonly, the order may ask you to seek permission from the other parent before travel, or at least give specific notice. Regardless of whether this is a requirement in your case, it is always a good idea to seek permission in writing to avoid any possibility of conflict or legal action later.

**Communicate With the Other Parent**

To avoid any confusion or conflict, there is no substitute for regular communication with the other parent during travel. You may want to provide regular updates on your itinerary and any changes. This is a good idea regardless of your relationship with the other parent. If civil discussions over the phone are difficult, you can opt to use email or text communication.

**If In Doubt, Seek Permission**

A custody order that does not include a travel provision does not give you carte blanche to travel with your children at will. If there is even a shade of a doubt about your travel options, it is always best to seek written permission from the other parent to go forward with your plans. If this is not possible, you can go directly to the courts to seek approval.

**Talk to an Experienced Child Custody Attorney**

As demonstrated by the case above, traveling with children under a child custody order is nothing to be taken lightly. If you are unsure about your rights, or would like to secure the ability to travel freely in your current child custody matter, you need personalized help from a dedicated [child custody lawyer](https://familylawadvocate.com/divorce/child-custody/ "child custody lawyer").
At Gordon & Perlut, LLC, we help people in Chicago, Skokie/Northshore, and throughout the area manage a wide array of child custody and [family law](https://familylawadvocate.com/ "Chicago Family Law Attorney") matters. For a free phone consultation with an experienced attorney, call our Chicago office at **312-360-0250** or our Skokie officer at **847-329-0101**.

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**Categories:** Traveling with your Children?

**Tags:** Child Custody, Child Custody Attorney, Custody - Traveling with your Children?

---

### [How Much Will Infidelity Cost You?](https://familylawadvocate.com/how-much-will-infidelity-cost-you/)

**Published:** November 19, 2015
**Author:** familylawadvocate

**Content:**

**How Much Will Infidelity Cost You?**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

The classic narrative of infidelity is always very dramatic; one spouse cheats, the other sues for [Divorce ](https://familylawadvocate.com/divorce/ "Divorce")and is rewarded with a significant portion of marital property. The reality is somewhat duller, at least in Illinois. However, while marital misconduct may not be a direct factor in any property award, it is still possible that unfaithful spouses may wind up paying for their choices in indirect ways.

**Why is Infidelity Not Grounds For A Better Award?**

Many people question why Illinois essentially “condones” infidelity (as they see it) by refusing to grant a more lucrative property settlement to the wronged spouse in such matters. However, there are multiple reasons why marital misconduct is prohibited from influencing any [property concerns](https://familylawadvocate.com/divorce/property-division/ "Property Concerns"), all of which have to do with good public policy being enforced. Public policy is a term defined as the common sense ideas that prohibit actions that would injure the public. In other words, if something would harm the public in a significant way, public policy urges that it be ceased or restricted. A classic example is smoking bans; secondhand smoke sickens many members of the public, so public policy urges its isolation or cessation.

Public policy is the driving force behind disregarding marital misconduct in property determinations in Illinois. It is impossible, after all, to accurately quantify the degree of harm sustained by a wronged spouse – no amount of property will correct it. Also, one wonders, what if both spouses cheated? Both will feel wronged, but by this logic, the property settlement would be unchanged. There is simply no way to equitably take these matters into consideration in dividing property, and so the courts simply avoid the issue.

**Indirect Consequences**

Public policy questions notwithstanding, it is still extremely possible for your infidelity to cost you financially in the long run. There are two main ways that this happens with regularity in Illinois divorce cases. The first is in legal fees: while you cannot be subjected to punitive consequences directly, your betrayal may very well influence your spouse to drag out proceedings. Disagreements and objections may be blown up to proportions they may not entirely deserve, and if they have the money to burn, they may consider it a worthwhile expense to cost you money as well. This is not to say they may file frivolous claims; if they do so, both they and their attorney may be subject to sanctions. But to delay responses or to file motions on questions asked with the purpose of drawing out litigation is often condoned by our courts.

The other way you may be made to pay for a perceived offense is via a dissipation claim. [Dissipation of marital assets](http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm "Dissipation of marital assets") is actionable in Illinois, and it is defined as marital funds spent on purposes unrelated to the marriage after its breakdown. While your spouse must serve you with notice that they plan to claim dissipation, as well as a rough outline of the information they plan to use in support, dissipation claims in a divorce can be costly. While Illinois courts have stated that not every dollar must be accounted for when attempting to trace the flow of marital assets, direct expenditures on your paramour are certainly “dissipation”.

**Seek Experienced Assistance**
Infidelity, whether committed by you or against you, is a difficult topic that creates strong feelings. In most cases, the assistance of a professional can be a very welcome help in getting through a difficult process. The dedicated [Chicago divorce attorneys](https://familylawadvocate.com/divorce/ "Chicago divorce attorneys") at Gordon & Perlut, LLC understand the emotions at play, and can help advise you on the areas of the law that are most germane and useful for what you aim to achieve. Contact our offices in Chicago or Skokie / Northshore today to discuss your case.

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**Categories:** How Much Will Infidelity Cost You?

**Tags:** Divorce Lawyer Infidelity Chicago, How Much Will Infidelity Cost You?, Infidelity and Divorce Chicago

---

### [If I Work Extended Overtime, Can I Make Up My Parenting Time?](https://familylawadvocate.com/if-i-work-extended-overtime-can-i-make-up-my-parenting-time/)

**Published:** June 25, 2021
**Author:** familylawadvocate

**Content:**

**If I Work Extended Overtime, Can I Make Up My Parenting Time?**

**By: Gordon & Perlut, LLC**

Many parents in Illinois have irregular schedules that do not allow them to spend significant amounts of time with their children in the evenings or on the weekends. In situations where a parent ends up working a substantial number of overtime hours that affects the existing parenting plan or allocation of [parenting time](https://familylawadvocate.com/divorce/visitation/), that parent might want to know if she or he can make up that parenting time later on. They may want to do this by having an extra weekend with the child, for example, or a few extra overnights.

The answer depends in part upon the existing parenting plan or allocation judgment, and whether or not the extended overtime hours are likely to continue for an extended period of time in the future. This could result in requiring a modification of parenting time. Our [child custody lawyers in Skokie](https://familylawadvocate.com/divorce/visitation/) and Chicago know how important it is for you to spend as much time with your children as possible, and we can help when you are dealing with parenting time complications due to overtime hours.

**Parenting Plans or Allocation Judgments with Accommodation Clauses**

When parents are able to communicate with one another and to collaborate on a parenting plan that focuses on the best interests of their child, the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000) (IMDMA) allows the parents to allocate parental responsibilities themselves. If parents work together on a parenting plan through which they allocate parenting time, they likely know that there is a need to consider each parent’s work schedule and the possible extended overtime hours that one of the parents might take — either infrequently or routinely.

A parenting plan gives parents much flexibility, and the parents can include an accommodation clause that outlines how a parent will “make up” parenting time lost due to extended overtime hours or other work-related issues. These kinds of clauses, or similar agreements, can allow parents to plan ahead for work-related parenting time disruptions and to have a plan in place for the affected parent to make up lost parenting time hours.

Such agreements are more common when one of the parents knows that she or he has an irregular work schedule, or when that parent tends to pick up overtime hours on a regular basis. Depending upon the circumstances, even if the parents cannot reach an agreement about the parenting plan, the court’s allocation judgment may be able to include a clause about accommodating a parent’s irregular or overtime work schedule.

**Modifying Your Existing Parenting Plan**

If your parenting plan or allocation judgment does not have any provisions for handling missed parenting time due to extended overtime, or if these extended overtime hours are new and you are expecting them to continue indefinitely into the future, you may need to seek a modification.

The IMDMA allows a parent to modify an existing parenting plan or allocation judgment if a substantial change in circumstances has occurred. A major change to a parent’s work hours, which is expected to last into the future, is often a reason that parents are able to request and obtain a modification.

**Learn More from Our Skokie Child Custody Attorneys**

Have your work hours changed, and do you need help managing parenting time? Our experienced Chicago and Skokie child custody lawyers can speak with you about ways of making up parenting time according to your existing parenting plan, allocation judgment or seeking a modification. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Child Custody Lawyer

**Tags:** Child Custody, Parenting Time

---

### [How To Avoid Being The Victim Of Identity Theft](https://familylawadvocate.com/victumofidentitytheft/)

**Published:** February 27, 2015
**Author:** familylawadvocate

**Content:**

**How To Avoid Being The Victim Of Identity Theft**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Learning how to prevent identity theft will reduce your risk to becoming the victim. If you are the victim of identity theft, the sooner you discover the fraud, the easier and quicker it will be to clean up your credit and regain your financial health. Below are some tips to keep your credit safe from predators.

**Credit Cards v. Debit Cards**

Consumers have more protection with credit cards than debit cards, as debt cards are linked directly to your checking account. Avoid using debit cards when online shopping. Monitor your accounts online closely. Reduce the number of credit and/or debit cards you carry in your wallet. Take credit card or debit card receipts with you, do not throw them in the public trash.

**Social Security Number**

You social security number is your key to your identity. Avoid giving out your social security number over the phone, by mail or on the internet. Only release your social security number when required (i.e. tax forms, employment background check, banking, etc.). Do not carry your social security card in your wallet.

**Credit Report**

Obtain a credit report at least once per year from 1 of the 3 credit bureaus, Experian, Equifax or Trans Union. Your credit report will show the signs of identity theft, including credit cards you did not open or inquires you did not request.

**Passwords and PINS:**

Do not use your birth date or last 4 digits of your social security number in selecting your passwords or PINS. Do not use your mother’s maiden name, pet’s name, consecutive numbers or anything else that could easily be discovered by thieves. For more added protection use special characters, numbers and/or a combination of upper and lower case letters. The longer the password, the more difficult it is for a hacker to break.

Do not write your passwords down. Do your best to memorize them.

**Trash**

Your trash is a thief’s treasure. Shred all person information, including bank statements, credit card statements, and/or any documents which contain personal information which someone could use to steal your identity.

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**Categories:** Identity Theft

**Tags:** how to avoid identity theft, identity theft

---

### [“The Little Things Matter” When Couples Get Divorced](https://familylawadvocate.com/the-little-things-matter-when-couples-get-divorced/)

**Published:** July 11, 2016
**Author:** familylawadvocate

**Content:**

**“The Little Things Matter” When Couples Get Divorced**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

Are you thinking about [filing for divorce in Chicago](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) or the Chicago area, or are you currently in the middle of a divorce in which issues of [property division](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) have become contentious? Before a divorce, couples often assume that they should discuss the disposition of big or important pieces of property in the event that they decide to dissolve their marriage. To be sure, prenuptial agreements, also known as premarital agreements, tend to focus on bigger assets and issues such as spousal maintenance. However, according to a [recent article](http://www.nytimes.com/2016/04/16/your-money/when-dividing-assets-the-little-things-matter.html) in *The New York Times*, the sentimental value of belongings can often be more important when it comes time to divide property.

**Property Division in Illinois**

The [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) (750 ILCS 5/) governs the division of property in our state. When you are thinking about filing for divorce, it is important to understand that Illinois is an equitable division state. This means that a court will divide your marital property—both assets and debts—in a manner that it considers equitable (“fair”), rather than equally between the parties. As such, the court will take into account a number of different factors in determining what property should go to each of the divorcing spouses, but it operates primarily on the market value of items. As you might imagine, it would be difficult—if not impossible—for a court system to take into account the sentimental or intrinsic value of property.

How will property be divided that has little to no market value but has substantial sentimental value? For instance, what if you own a painting that a family member created and gave to you as a gift during the marriage? Or how about a sentimental item you purchased on a vacation decades ago?

**Recognizing Sentimental Value and Coming to an Agreement**

As the article in *The New York Times* highlights, it is important for people to recognize that certain items may not have monetary value, but that they contain an entirely different kind of value. While the article focuses largely on the division of property following the death of a loved one, the questions about “who gets what,” and deciding how to value sentimental objects, also speak to property division in divorce.

In short, people tend to be angrier and more upset in the long run when they are not able to have items with sentimental value. While a piece of property with a lot of monetary value—such as an automobile or a piece of real property—may help to ease financial burdens in the short term, many of us who experience divisions of assets end up feeling disappointed about the sentimental items we did not fight for when we would have been able to do so.

What is the lesson to be learned? If you and your spouse have property that would not fetch very much money if sold but has a lot of sentimental value to you, you should speak up before property division is concluded. Your divorce lawyer can help you decide the best method for retaining property that has emotional value without necessarily giving up your right to assets that also have a high market valuation.

**Contact a Divorce Lawyer in the Chicago area**

If you have questions about property division during divorce, do not hesitate to discuss your case with an experienced [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) and the surrounding suburbs. An advocate at our firm can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about our services.

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**Categories:** Divorce

---

### [Spousal Maintenance in Illinois for High Net Worth Couples](https://familylawadvocate.com/spousal-maintenance-in-illinois-for-high-net-worth-couples/)

**Published:** June 27, 2016
**Author:** familylawadvocate

**Content:**

**Spousal Maintenance in Illinois for High Net Worth Couples**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

Many Chicago area residents have heard about the new guidelines in Illinois when it comes to [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) (or alimony) payments. As an article from the *Illinois State Bar Association* explains, the new law [P.A. 98-0961](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961&GA=98) resulted in changes to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (750 ILCS 5/) and now contains guidelines for judges to use when making [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/) determinations. In short, the new law creates a formula for courts to use when deciding how much a “payor spouse” should provide to the “payee spouse”. The idea is that spousal maintenance payments will be more streamlined and more objective—the amount of payments will not depend upon certain subjective factors that can sometimes enter into a court’s decision-making process.

However, the new formula is not applicable to all divorces or situations in which spousal maintenance payments may be awarded. To be sure, the new law only concerns couples who have a combined gross annual income of under $250,000. As such, it is unlikely that judges would consider the formula when evaluating spousal support payments in a high net worth divorce. If the formula is not applicable for a couple making more than $250,000—and likely much more when we consider many high asset divorce cases—how will a court determine the total amount of a spousal maintenance in Chicago and the surrounding suburbs?

**Factors in Deciding Whether to Award Spousal Maintenance**

Although a court may not rely on the spousal maintenance formula in high asset divorces, it nonetheless will consider similar factors when deciding whether or not to award spousal maintenance. To be sure, the formula is not the first step in a court’s awarding of spousal maintenance. Rather, there is a threshold step that comes first: are spousal support payments appropriate at all? Only when a judge determines that spousal maintenance is indeed appropriate will she or he move onto the new formula. As such, divorcing couples, regardless of income, should have a sense of how a court decides whether spousal maintenance is suitable.

Under Illinois law, before deciding the *amount* of spousal support payments, the court will use the following factors to determine whether spousal maintenance is fitting in a particular divorcing couple’s circumstances:

- Each party’s income and property;
- Each party’s needs;
- Present and future earning capacities of each of the parties;
- Whether one of the parties devoted time to domestic duties or to the marriage that prevented that party from acquiring education, training, or employment, which impacts that party’s present and future earning capacity;
- Amount of time one of the parties would need to acquire the education, training, or employment necessary to support himself or herself without spousal maintenance;
- Contributions by one spouse to the other spouse’s education, training, or career enhancement that have impacted that spouse’s present or future earning capacity;
- Standard of living enjoyed by the spouses during the marriage;
- Duration of the marriage;
- Age of the parties;
- Physical and emotional health of each of the parties;
- Tax implications of property division upon each of the parties; and
- Agreement between the parties about spousal maintenance.

If the court decides that spousal maintenance is appropriate for a case in which the parties have a combined income of more than $250,000, the court will consider many of these factors in going on to make a decision about the amount of support.

**Contact a Chicago Divorce Lawyer**

If you have questions about spousal maintenance, a [Chicago area divorce lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Spousal Maintneance

**Tags:** Spousal Maintenance and High Net Worth, Spousal Maintenance Chicago

---

### [Orders of Protection in Chicago - Frequently Asked Questions](https://familylawadvocate.com/ordersofprotectionchicago/)

**Published:** March 30, 2015
**Author:** familylawadvocate

**Content:**

**Orders of Protection in Chicago – Frequently Asked Questions**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

What do you need to know about seeking an[ order of protection](https://familylawadvocate.com/divorce/orders-of-protection/ "Orders of Protection") in Chicago? Illinois residents unfortunately become victims of[ domestic violence](https://familylawadvocate.com/divorce/orders-of-protection/) more frequently than most of us would like to think. When such acts of violence happen to most Illinois residents, they feel helpless and scared. Where can you go to seek an order of protection? And, importantly, what is an order of protection under Illinois law?

- **What law governs domestic violence and orders of protection in Chicago?**

The[ Illinois Domestic Violence Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000) (750 ILCS 60), also known as the Domestic Violence Act of 1986, governs the state’s laws related to domestic violence. Article II of the Act provides for orders of protection in situations of domestic violence. The Act defines domestic violence as a situation involving “any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family member or household member.”

- **What is an order of protection?**

An order of protection is “a court order which restricts an abuser,” and it’s *only available* to family members (including ex-spouses), dating partners or household members. The latter part of this definition brings us to our next frequently asked question.

- **Who can seek an order of protection?**

Orders of protection, as we mentioned, are limited to family, dating or household members who have been victims of abuse. Illinois law specifically defines family or household members as the following:

-      Family members who are related by blood;
-      Married people or previously married people;
-      People unrelated by blood but who currently share (or previously shared) a house, apartment, or other common living space;
-      People with a child in common;
-      People who have a blood relationship through a child in common;
-      People who are currently dating or who used to date one another, including same-sex couples; and
-      People who have disabilities and their assistants or caregivers.

- **What does an order of protection do?**

Depending on your specific situation, the order of protection can do many different things. First, it can prohibit certain behaviors, including but not limited to:

-      Prohibit the abuser from threatening you or abusing you. Abuse in this case includes physical abuse, stalking, harassment, and intimidation. It also includes any acts that interfere with your personal liberty;
-      Prohibit the abuser from sharing your residence;
-      Prohibit the abuser from sharing your residence while she or he is using alcohol or other drugs;
-      Prohibit the abuser from taking your child out of Illinois or hiding your child from you; and
-      Prohibit the abuser from accessing records concerning your child.

The order of protection can also require the abuser to do certain things, including but not limited to:

-      Order the abuser to stay away from you, which can include ordering the abuser to stay away from your place of employment, your home, your school, and other locations;
-      Require that the abuser attend therapy or counseling;
-      Require the abuser to appear in court;
-      Require the abuser to pay child support and other forms of restitution; and
-      Require the abuser to turn over dangerous weapons that he or she owns.

Orders of protection can also help the victims by doing some of the following:

-      Giving the victim temporary custody of the children;
-      Giving the victim certain assets and other property; and
-      Clarifying visitation rights (if any) for the abuser.

**Contact an Experienced Chicago area Family Law Attorney**

No matter what the specific details of your situation might be, it’s extremely important to discuss your case with an experienced[ Chicago family law attorney](https://familylawadvocate.com/contact-us/). You should remember that domestic violence is taken very seriously in our state, and the dedicated attorneys at the law office of Gordon & Perlut, LLC can help you to seek protection from abuse.

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**Categories:** Order of Protection

**Tags:** Chicago Orders of Protection, Order of Protection, Restraining Orders

---

### [Legal Separation in Chicago- What you need to know](https://familylawadvocate.com/legalseperationchicago/)

**Published:** February 18, 2015
**Author:** familylawadvocate

**Content:**

**Learning about Legal Separation in Chicago – What you need to know**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

What is[ legal separation](https://familylawadvocate.com/divorce/legal-separation/) in Illinois, and how does it differ from[ divorce](https://familylawadvocate.com/divorce/)? There’s one major[ difference between divorce and legal separation](https://familylawadvocate.com/divorce/legal-separation-vs-divorce/): when you’re only separated, your marriage isn’t over, and thus you’re not free to marry someone else.

In both situations, however, an Illinois court can make determinations about child custody, visitation, child support, and spousal maintenance, as well as separating debt and assets. These two options are never mutually exclusive. In other words, if you decide to get a legal separation, you can file for divorce at a later date.

**Becoming Legally Separated**

How can you get a legal separation? First, it’s important to understand that a legal separation doesn’t just mean living apart from your spouse. For many Chicagoans who want to live apart from their spouses, legal separation can be a good option to prevent a spouse from arguing abandonment during a later divorce proceeding. And a legal separation can also be useful for having a court divide your property or for entering a child custody order.

In order to be legally separated, Illinois law says that you must be living apart from your spouse, and the court requires that you have been living in Illinois for more than 90 days. The court will also want to make sure that you’re not at fault for the legal separation. In Illinois, fault can be determined in situations where one spouse abandons the other or commits adultery.

Once you’re living apart from your spouse, you can apply for a legal separation in Cook County as long as you’ve been living in Illinois for more than 90 days. Even if your spouse has moved to another state, you can still get a legal separation in Illinois. You should keep in mind, however, that your children must have lived in Illinois for at least 6 months before a Cook County court can make a decision about child custody.

**Benefits of Legal Separation versus Divorce**

One of the primary reasons that couples apply for a legal separation involves the length of time that spouses need to be living apart. Unless you have grounds for divorce in Illinois, such as mental or physical cruelty, you’ll need to be living apart from your spouse for at least 6 months before you can file for divorce. Before you’ve reached that time marker, you won’t have the benefit of a court order for spousal maintenance, child custody, and other issues that come up during a divorce. Also, some couples may have religious objections to divorce, or want to stay on the same health plan (which is impossible if you are divorced but may be possible under legal separation; you’ll need to check the insurance plan).

Here’s the bottom line: legal separation can be a very helpful option for couples who are living separate and apart, and who want the court to make a decision about maintenance, support, and/or custody issues. In effect, the procedures for a legal separation look a lot like those involved in a divorce. However, you can get a legal separation sooner, and it doesn’t mean that you can’t apply for a divorce later on.

When you’re having problems in your marriage, it’s important to discuss your situation with an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/divorce) at Gordon & Perlut, LLC. In particular, if you’re not sure whether you should be seeking a legal separation or a divorce, you’ll need an advocate on your side who knows the law and can discuss your options with you. Contact us today.

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**Categories:** Divorce, Legal Seperation

**Tags:** difference between divorce and legal separation, Divorce Chicago, Legal Seperation Chicago

---

### [Learning More About Unpaid Child Support](https://familylawadvocate.com/learning-more-about-unpaid-child-support/)

**Published:** July 6, 2016
**Author:** familylawadvocate

**Content:**

**Learning More About Unpaid Child Support**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

When we talk about [child support](https://familylawadvocate.com/divorce/child-support/), we often focus on ways of ensuring that non-custodial spouses make the [child support payments](https://familylawadvocate.com/divorce/child-support/) that a court has required of them. We focus less often, it seems, on the striking amount of child support that goes unpaid in Chicago and indeed across the country. Do we have a problem in the United States when it comes to unpaid child support? Can we track certain trends when it comes to the failure to make child support payments? And what do child health and safety advocates suggest we do about the problem?

According to an [article](http://money.cnn.com/2012/11/05/news/economy/unpaid-child-support/) in *CNN Money*, as of 2009, non-custodial parents throughout the U.S. owed a total of $108 billion in back child support payments. What are the consequences of this shocking amount of unpaid child support?

**Public Assistance Programs When Child Support Payments Are Not Made**

By and large, kids in single-parent families who have been denied child support because of deadbeat parents will see some of that money in the form of public assistance. For example, the Temporary Assistance for Needy Families (TANF) program can provide certain benefits for “families with one or more dependent children,” according to the Illinois Department of Human Services [website](http://www.dhs.state.il.us/page.aspx?item=30358). To be eligible for TANF benefits generally, a person must meet the following requirements:

- Currently be pregnant or have a dependent under the age of 19;
- Live in Illinois;
- Be a U.S. citizen or otherwise meet immigration requirements; and
- Create a plan that will allow you to become self-sufficient, and follow through with that program.

When single-parent families that are owed back child support payments receive benefits through the TANF program, they are eligible for some of the following services:

- Cash assistance to provide for basic needs like food, clothing, or housing;
- Transitional services to help a parent gain the education or training she needs to become self-sufficient, such as vocation training, English-language classes, childcare assistance, and GED classes;
- SNAP benefits (previously known as food stamps); and
- Certain medical assistance programs.

In many situations, Chicago families turn to TANF benefits when a non-custodial parent fails to make child support payments. But as the *CNN Money* article emphasizes, when these families rely on various forms of public assistance to make up for what they are not receiving in child support, taxpayers often end up making up for the funding gap.

**Taxpayers End Up Covering for Deadbeat Parents

How do taxpayers make up for deadbeat parents? As the article explains, when non-custodial parents fail to make child support payments—requiring single-parent families to rely on public assistance to meet basic needs—the government is supposed to receive reimbursement for those costs. However, as of 2012, “about 49 percent of back money—or roughly $53 billion—is owed to the government.” And taxpayers tend to make up for government losses.

But taxpayers are not the only losers in these scenarios. To be sure, the article highlights that “child support payments represent 45 percent of \[poor mothers’\] income,” and as such nearly half of all single-mother households are currently below the poverty level.

**A Dedicated Chicago Child Support Lawyer Can Help**

In short, child support payments are essential lifelines for children in Illinois, and we may need to take action to ensure that such payments are made in a timely manner. If you have questions about filing a claim for back child support, an experienced [Chicago child support lawyer](https://familylawadvocate.com/contact-us/) may be able to help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about our services.

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**Categories:** Child Support Collections

---

### [Irreconcilable Differences as a Basis for Divorce in Chicago](https://familylawadvocate.com/irreconcilable-differences-divorce-chicago/)

**Published:** June 1, 2015
**Author:** familylawadvocate

**Content:**

Irreconcilable Differences as a Basis for Divorce in Chicago

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

The concept of irreconcilable differences is relatively new as a basis for dissolving a marriage, and is a product of the evolution of marriage over the last few decades. Although every state now allows for couples to [divorce on a no-fault basis](https://familylawadvocate.com/divorce/fault-no-fault/ "Divorce on a No Fault Basis"), a majority of states, including Illinois, have retained the traditional grounds of [Divorce in Chicago](https://familylawadvocate.com/divorce/ "Divorce in Chicago") alongside the newer no-fault legal option.

If there is no distinct cause that you can point to as the source of the breakdown of your marriage, such as an affair or abuse, but you and your spouse can no longer make your marriage work, a divorce based on irreconcilable differences might be best for you. This type of divorce is also commonly referred to as no-fault, since neither party seeks to place the blame on the other for the end of the marriage.

Because Illinois has an interest in discouraging divorce, [state laws](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000 "Illinois State Laws") place a mandatory waiting period on couples wishing to part ways due to irreconcilable differences. The default length for the waiting period is two years, during which you and your spouse must live “apart”. Because of an influential case from the 1980s, the threshold for “living separate and apart” is rather low; divorcing couples can continue to share the same roof, as long as they can show that they established separate lives. Living in separate areas of a house, and sleeping in separate bedrooms, could be considered living apart. The separation period can be lowered to 6 months, by agreement.

At the end of the waiting period, you must convince the judge that your differences were the cause of the irretrievable breakdown of your marriage, that your efforts to reconcile have not been successful, and that any future efforts to reconcile would be impracticable or would impair the best interests of your family. Of course, if you and your spouse have already been separated for a couple of years at the time when you file for divorce, this time will be taken into account by a family law judge.

As stated, if both spouses agree and sign a waiver form, the two-year waiting period can be shortened to six months. In order to take advantage of this shortened waiting period, so that you can more quickly move on with your lives, you and your spouse must be willing to cooperate and sign the required agreement.

A dedicated [Chicago Family Lawyer](https://familylawadvocate.com/family-law/ "Chicago Family Lawyer") who is well-versed in divorce cases can assess your circumstances and let you know how you can address sometimes complicated issues regarding the waiting period and living in the same home.

**Contact an Experienced Divorce Lawyer**
For counsel and representation in your Divorce, [contact the law office of Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) in Chicago and Skokie/Northshore. We will work tirelessly to achieve the best possible outcome for you and your case.

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**Categories:** Irreconcilable Differences

**Tags:** Divorce in Chicago, Irreconcilable Differences, Irreconcilable Differences as a Basis for Divorce in Chicago

---

### [Filing for Divorce in Chicago - Am I ready to file?](https://familylawadvocate.com/filingdivorcechicago/)

**Published:** March 24, 2015
**Author:** familylawadvocate

**Content:**

Filing for Divorce in Chicago – Am I ready to file?

[By M; Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Thinking about [divorce](https://familylawadvocate.com/divorce/ "Divorce Chicago")? Let alone taking the initial steps to file can be difficult and anxiety-inducing. How can you know if you’re ready to[ file for divorce](https://familylawadvocate.com/divorce/steps-for-filing-divorce/ "file for a divorce")? And if you decide that[ dissolving your marriage](https://familylawadvocate.com/divorce/ "dissolving marriage") is the right course of action for you, how do you go about filing for divorce?

According to a recent article from *World of Psychology*, there are some important questions you should consider before making the final decision to file for divorce. It’s only after you’re psychologically prepared for ending your relationship with your spouse that you should begin taking the necessary financial, social, and legal steps to dissolve your marriage.

**Key Questions to Ask Before Filing for Divorce**

Are you really ready to file for divorce? Reaching the decision to dissolve a marriage often involves some of the most difficult choices any of us will have to make. Family therapists and psychologists often agree that you should ask yourself some of the following questions before deciding whether divorce is the right option for you:

- Are you making a decision based on your ego or your temporary feelings? In some cases, a spouse will have an extramarital affair or will engage in a behavior that upsets the other spouse. In such cases, one spouse tends to leave the other spouse with a bruised ego and feelings of intense anger and sadness. However, it’s important to keep perspective in these situations, particularly when you’re in a relationship with children and limited finances. Is divorce really the right choice in the long run? It may very well be the right decision, but don’t jump to filing for divorce without thinking through the repercussions.

- Are you only filing for divorce because your spouse wants to end the marriage? Illinois encourages couples to reconcile if possible, and it’s important to think about whether there’s a possibility for you and your spouse to make the marriage work. However, it’s also important that you don’t feel victimized by the marriage and that you don’t feel helpless in your legal situation. If your spouse won’t consider any options but divorce, you should hire your own family law attorney who can advocate for your rights.

- Are you actually ready for all of the logistics of divorce, or are you simply threatening divorce in order to change the nature of your marriage? When couples divorce, they often don’t realize the social and economic consequences. If you’re not serious about dealing with possibly less income and complicated social relations, you may want to reconsider filing for divorce (at least immediately).

- Do you have the social and psychological support you’ll need to deal with the emotional repercussions of divorce? Filing for divorce is a stressful process, and many clients feel a deep sense of loss. Do you have a strong support network to help you through this time? Have you talked through your plans with a therapist? It’s important to have an emotional plan in place before you file for divorce.

**Taking Steps to File for Divorce**

Once you’ve made the decision to file for divorce, you’ll need to make sure you have all of the proper documents ready. What documents do I need? That’s where an attorney comes in: you should contact an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) who can discuss the steps you’ll need to take in actually filing and serving your forms.

[Contact](https://familylawadvocate.com/contact-us/) the law offices of Gordon & Perlut, LLC today to learn more about how we can assist you as you move forward with your divorce.

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**Categories:** Key Questions to ask before Filing for Divorce

**Tags:** Divorce Chicago, Filing for Divorce, Filing for Divorce Chicago

---

### [Does the Economy Influence Divorce Rates?](https://familylawadvocate.com/economyanddivorcerates/)

**Published:** January 27, 2015
**Author:** familylawadvocate

**Content:**

**Does the Economy Influence Divorce Rates?**

**[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")**

When you’re thinking about[ filing for divorce in Chicago](https://familylawadvocate.com/divorce/steps-for-filing-divorce/ "filling for Divorce in Chicago"), one of the issues you might consider is cost. Many Illinois residents worry that divorce will end up with a high price tag—both emotionally and financially. While[ divorce](https://familylawadvocate.com/divorce/information/ "divorce") doesn’t need to be cost prohibitive, this myth can influence the way married people think about the future of their relationship.

And when couples do make the decision to dissolve their marriage, they often find that living separately on their incomes can place a financial strain on their lives. Indeed, it’s much easier to pay one mortgage with two incomes than two separate mortgages. But how much do these financial factors drive divorce rates? And when the economy is in a slump—when Americans worry more than ever about their personal finances and savings accounts—do divorce rates hit all-time lows? A recent article in the *Illinois Valley News Tribune* suggests that divorce numbers could be tied, at least in part, to the state of the economy.

**Falling Divorce Rates During the Real Estate Crash**

Can the highs and lows of the economy really track with divorce trends? The article emphasized that it’s certainly possible. To be sure, divorce rates appear to have declined between 2009-2011 as the economy hit a slump. According to one family attorney, “during a tough economy, people choose to remain married rather than going through the expense of divorce.” Deciding to break up, after all, “is hard on the wallet,” and “couples who can’t foot the legal bills have been effectively forced to tough it out.”

According to research conducted at the University of Maryland, divorce rates peaked in the early 1980s. Divorce wasn’t common at all in the early 1970s, and it saw a sharp increase over that decade. Since 1980, however, divorce rates generally have declined at a slow and steady rate. The 1990s witnessed a general decline in overall divorce numbers, but those figures began to rise slightly again at the turn of the millennium.

As a result of economic woes, when couples do make the decision to divorce when they’re worrying about money, they’ll often take a DIY approach. Yet this isn’t always the best path, even if it saves a few dollars in the short term. Family law in Illinois can be very complicated, and it’s always a good idea to discuss your case with a [Chicago divorce lawyer.](https://familylawadvocate.com/firm-overview/ "Chicago Divorce Lawyer")

**Avoiding Marriage, Limiting Divorce**

A slow economy might mean that couples that would have filed for divorce are more likely to stay together for financial reasons. At the same time, however, recent marriage trends have pointed toward fewer marriages altogether. In other words, fewer divorces during years of economic uncertainty could point, simply, to the fact that fewer married couples exist who could think about filing for divorce.

Why are fewer Americans getting married these days? One family psychologist believes that social trends have changed significantly in the past few decades such that Americans don’t feel pressure to tie the knot. More men and women wait until they’ve finished college to even think about marriage, and a number of those people decide to remain in committed partnerships rather than deal with the legal ramifications of marriage.

Do you have questions about divorce in Illinois? Don’t hesitate to contact an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/ "Chicago Family Law Attorney"). At the law offices of Gordon & Perlut, LLC, we can answer your questions today.

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**Categories:** Divorce, Economy and Divorce Rates

**Tags:** Chicago Divorce, Chicago Divorce Lawyer, Economy and Divorce Rates

---

### [Divorce Can Produce Happiness, Experts Say](https://familylawadvocate.com/divorcecanproducehappiness/)

**Published:** February 13, 2015
**Author:** familylawadvocate

**Content:**

**Divorce Can Produce Happiness, Experts Say**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

We often hear that previously married people have a difficult time adjusting to[ life after divorce](https://familylawadvocate.com/divorce/ "life after divorce"). However, according to a[ recent article](http://www.chicagotribune.com/lifestyles/sc-fam-0113-life-after-divorce-20150106-story.html "recent article") in the *Chicago Tribune*,[ getting a divorce in Chicago](https://familylawadvocate.com/divorce/ "getting divorced in Chicago") when you’re in an unfulfilling marriage can make for a much happier life ahead.

**Happier in the Long Run**

Usually, when we hear that a friend or acquaintance has decided to[ file for divorce](https://familylawadvocate.com/divorce/), we jump to words of apology or regret. Indeed, one recently divorced woman in the Chicago area remembers when she first told people that she was selling her house due to a recent divorce. Many people responded by saying things like, “Oh, I’m sorry,” or asking how the children were handling the change in lifestyle. In other words, it’s rare that people openly say, “congratulations” or “you’ll be happier in the long run.”

Abby Rodman, a psychotherapist who recently published a book on women and divorce, emphasized that although “the gifts of divorce may take some time to reveal themselves,” there are indeed pleasures that come from a divorce. As she explains, “one day you wake up and it hits you that you no longer have to manage an unhappy marriage.” Managing an unhappy marriage often means dealing with your own unhappiness as well as your spouse’s. When you make the decision to dissolve your marriage, you’re opening up more room for your own happiness, Rodman contends.

Indeed, for her recent book, Rodman took surveys from hundreds of women who have gone through a divorce, and for the most part those women are happier now. After the divorce is final and you’ve had time to get back on your feet emotionally and financially, divorcees are more likely to “rediscover passions they’ve shelved, friends they ignored, and talents they allowed to atrophy.” It doesn’t matter whether you’re a divorced woman (the primary subjects of Rodman’s book) or a man—divorce can make for a happier lifestyle regardless of gender.

**Bad Marriage Corrupts Positive Lifestyles**

When a marriage isn’t working out, it’s often best to extract yourself. As Rodman explains, “a bad marriage corrupts your entire existence.” How can marriages end up being so stifling? For instance, many married couples make huge sacrifices that they’re not actually willing to make. Some people put off going back to school because of a spouse’s needs or avoid engaging in activities they once loved. As such, divorce can be “an opportunity for reinvention.”

Once you’ve finalized your divorce, you can start planning ahead to your post-divorce lifestyle. According to one family law attorney, you’re likely to learn that it’s much easier to create “a vision for your new life” than to “stay in a soul-killing marriage.” And you don’t need to develop this plan on your own. When you work with an experienced Chicago divorce lawyer, you’ll have a dedicated advocate on your side who can help you plan for the future.

What should you know when you’re creating a plan for your post-divorce lifestyle? Most importantly, you should be realistic about your budget. Yet a more limited income shouldn’t stop you from focusing on all the good things, such as “the lack of conflict” and the new ability to “pursue dreams and activities that were set aside during the marriage.”

And when you feel lonely, as divorcees do from time to time, you should remember that “you’re not all that alone.” Indeed, not only can you join new groups dedicated to single people, but you can also reconnect with old friends while continuing to make new acquaintances.

If you have questions about divorce, you should contact an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) as soon as possible. At the law offices of Gordon & Perlut, LLC, we have years of experience handling Illinois divorces and can discuss your case with you today.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce, Divorce and Happiness

**Tags:** Chicago Divorce, Chicago Divorce Lawyer, Divorce and Happiness

---

### [Could a “Divorce Mortgage” Become an Option in Chicago?](https://familylawadvocate.com/could-a-divorce-mortgage-become-an-option-in-chicago/)

**Published:** July 28, 2016
**Author:** familylawadvocate

**Content:**

**Could a “Divorce Mortgage” Become an Option in Chicago?**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

When couples of any age file for [divorce in Chicago](https://familylawadvocate.com/divorce/) or the surrounding suburbs, one of the biggest issues when it comes to [property division](https://familylawadvocate.com/divorce/) is the family home. In particular, couples who have smaller children who want to stay at the house or older couples who have spent their entire lives at the property may not want to sell. While financial experts tend to agree that selling the family’s real property and dividing the profit tends to be the best economic course of action, many divorcing spouses feel a sentimental connection to the home and do not want to sell.

But in situations where keeping the house simply does not make sense financially, is there another way? According to a [recent article](http://www.forbes.com/sites/nextavenue/2016/06/01/how-the-divorce-mortgage-could-help-older-homeowners/#b920991b8aa8) in *Forbes Magazine*, banks in Great Britain plan to begin offering divorcing spouses a “divorce mortgage.” Would such a loan help divorcing spouses in Chicago?

**Losing Economically When You Keep Your House**

Generally speaking, getting the family home in a divorce settlement typically means that you will not be awarded other assets in the divorce that could help you to pay your bills and for the upkeep of your property. Why would that happen? Illinois is an equitable division state, which means that, during property division under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000) (IMDMA), a judge will divide a couple’s debts and assets in a manner that is equitable or fair. In other words, property need not (although in some cases it may) be divided equally. Yet that does not mean that one spouse can keep the house while also being awarded cash assets, for example.

All of a divorcing couple’s assets will get an estimated value, and they will be distributed equitably along with a couple’s debts. So, if the house is valued at $500,000 and the judge has decided that an equitable distribution will involve Spouse A being awarded approximately $550,000 in assets, then only an additional $50,000—outside of the house—will go to Spouse A if that spouse insists upon keeping the home. As you might imagine, getting only an additional $50,000 in assets could make it difficult for Spouse A to pay bills, taxes, and other upkeep associated with the real property.

For younger couples, this might be less of a problem as there is often time to continue earning. However, for older couples who are thinking about a “gray divorce,” keeping the couple’s family home can result in serious financial distress. This is where the “divorce mortgage” could come into play.

**What is a “Divorce Mortgage”?

As the article explains, a “divorce mortgage” would work like this: a spouse who wants to keep the home as part of the divorce settlement would apply for a loan from the bank to buy out the other spouse. This way, when it comes to property division, the court essentially would look at the couple’s assets as if the home had been sold since Spouse A (who wants to keep the house) would be buying out Spouse B’s interest in its market value. In addition to lending Spouse A the money to do this, a bank providing a “divorce mortgage” would also “lend the person staying put extra money that would go into a savings account and be used to pay the loan interest over a period of set time.”

For an older adult thinking about divorce who wants to stay in her home, this kind of loan could help. Indeed, as the article highlights, in divorces involving adults aged 50 and older, about 50 percent involve a spouse who keeps the family home.

**Contact a Chicago Divorce Attorney**

If you have questions about keeping your home during property division, a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce Mortgage

---

### [Dealing with Divorce during the Holidays](https://familylawadvocate.com/divorce-during-the-holidays/)

**Published:** January 21, 2015
**Author:** familylawadvocate

**Content:**

**Dealing with Divorce during the Holidays**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

December and January are often difficult months for couples who are going through a[ divorce](https://familylawadvocate.com/divorce/information/ "divorce") or for those who have recently dissolved their marriages. Indeed, the holiday season can bring added stress, anxiety, and isolation to newly divorced Illinois residents. And this time of the year can be just as tough—if not tougher—on the children of couples who have made the decision to[ get divorced](https://familylawadvocate.com/divorce/steps-for-filing-divorce/ "get Divorced.").

According to a recent article in [*Huffington Post*](http://www.huffingtonpost.com/bari-zell-weinberger-esq/making-the-best-of-this-p_b_4313543.html "Huffington Post"), it’s important to think about the best ways to get through the holiday season—from early December through New Year’s celebrations—without letting your divorce take a serious emotional toll. For recently divorced parents with children, this can be extremely difficult, as you’re going to be balancing your children’s needs with your own. Family psychologists suggest that some quick planning—for yourself and for your children—can help to make the holiday season a little bit brighter despite the woes of divorce.

**Planning for Personal Social Fulfillment**

For newly divorced couples, it can be tricky to find yourself socially fulfilled during the holiday season. Many married couples feel that they “share” friends, so to speak, and when divorce happens, those ex-spouses don’t always feel comfortable with “old friends and old traditions.” What can you do to help yourself during the holidays? In December and January, think about some of the following tips to keep you from extreme emotional lows:

- Make plans for holiday evenings when you’ll be by yourself. Whether you have children who are spending nights with your ex-spouse, or if you don’t have any kids, it’s important to ensure that you’re not sitting home alone thinking about old traditions you had with your spouse and your friends. Call up old friends and plan a night out, or contact family members and make new holiday traditions together. Even if you’re comfortable being by yourself, the holidays can be tough. Be prepared with support from your friends and family.
- Engage in an activity that has meaning to you over the holiday season. For instance, you might think about volunteering at a local charity.
- Enjoy the “simple pleasures of the season.” What does this mean? For Chicagoans, embrace the cold and windy weather! Take a walk outside in the snow or enjoy a hot drink by your fireplace.
- Think about Christmas and New Year’s Day simply as dates on the calendar—don’t attach any special meaning that doesn’t need to be there. This can help you to keep perspective if the emotional going gets tough.

**Helping Your Kids through the Divorce**

If you have children, it’s equally important to revise your holiday thinking so that your kids don’t suffer emotional lows as the weather grows cold. What can you do to help children deal with divorce during the holiday season?

- Start new traditions with your children that you didn’t do when you were married. For instance, if you never used to take your kids ice skating, turn that into a new tradition. Or if your kids haven’t volunteered at a local charity during the holidays, make that part of your yearly task at Christmastime.
- Make clear plans ahead of time with your ex-spouse and keep your kids in the loop. Be sure that you, your ex, and your children understand where your children will be during the holidays.

If you’re currently going through a divorce and have questions, you should never hesitate to speak with an experienced[ Chicago divorce attorney](https://familylawadvocate.com/resources/). The professionals at Gordon & Perlut, LLC are here to help.

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**Categories:** Divorce, Divorce during the Holidays

**Tags:** Dealing with Divorce, Divorce during the Holidays, Divorce Lawyer Chicago

---

### [Chicago Child Custody: Who is the Primary Custodial Parent?](https://familylawadvocate.com/chicagochildcustody/)

**Published:** December 3, 2014
**Author:** familylawadvocate

**Content:**

**Child Custody: Who is the Primary Custodial Parent?**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "Our Attorneys")

Divorce can produce extremely contentious[ custody battles](https://familylawadvocate.com/divorce/child-custody/), and children often get caught in the middle.  When the court orders that parents have[ joint custody](https://familylawadvocate.com/divorce/child-custody/), who is the primary custodial parent?  And can that primary custodial parent make decisions about the child without consulting with the other parent?

In order to answer these questions, we need to take a close look at custody laws in Illinois.  Child custody can be extremely complicated.  If you have questions about a custody order in Chicago, you should be sure to discuss your situation with an experienced[ Chicago family law attorney](https://familylawadvocate.com/contact-us/).

**Understanding Child Custody Distinctions in Illinois**

What is the difference between joint custody and primary custody, and where does a primary custodial parent come into play?  Under Illinois law, parents can seek two types of custody: sole custody or joint custody.  In sole custody situations, only one parent will make the major decisions related to the child or children.  In a joint custody situation, both parents make the significant decisions related to their child’s care.  Unless there’s an emergency, one parent will not be able to make a serious decision about the child’s care without the approval of the other custodial parent.

What constitutes a significant decision about the child?  There are no hard and fast rules, but generally speaking, significant decisions can include things like:

- Where the child attends school;
- What religion the child ascribes to and where the child attends worship services;
- Which doctor, dentist, and other healthcare providers will provide healthcare and treatment for the child; and
- What type of medical professionals and healthcare providers the child sees.

While joint custody means that parents share decision making for their kids, does this mean that they also share physical custody of the children equally?  In short, the answer is no.  In joint custody situations, parents do not always have equal parenting time.  According to the Circuit Court of Cook County, parents who have joint custody of their children will find that one parent has “residential custody.”  In some cases, this parent might be known as the primary custodial parent.  This term simply refers to a situation where the child *resides* mostly with the primary custodial parent.

**Who Gets Primary Residential Custody of the Kids?**

Why is primary residential custody important, and what kinds of decision making can a primary custodial parent undertake?  In general, any major decisions made by the primary custodial parent must be approved by the other parent.  Since these parents share joint custody, they both are responsible for making significant decisions concerning their children’s well-being and care.

Who typically becomes the primary custodial parent?  The primary residential custody of the child usually is determined in one of two ways.  In amicable divorces, parents with joint custody can come to an agreement about who will have primary residential custody.  If the parents can’t agree, then the court will make the decision based on a number of different factors.

**Contact a Chicago Family Lawyer**

Do you have questions about the rights of parents in joint custody situations?  Or do you have concerns about your spouse having primary residential custody of your child?  Contact an experienced[ Chicago family lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC to learn more about how we can help you.

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**Categories:** Child Custody

**Tags:** Chicago Child Custody, Chicago Custody Battle, Custodial Parent Chicago

---

### [Chicago Child Custody - Custody Orders and Parent Conduct](https://familylawadvocate.com/chicago-custody-orders-and-parent-conduct/)

**Published:** February 6, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Child Custody – Custody Orders and Parent Conduct**

[**By: M. Scott Gordon**](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

When it comes to [Child Custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") and[ visitation orders](https://familylawadvocate.com/divorce/visitation/ "Visitation Orders"), can an Illinois court tell parents how they should behave around their children? A recent case from the Illinois Supreme Court, *In re Marriage of Eckersall*, suggests that courts may in fact be able to prohibit certain parental behaviors.

**Facts of *Eckersall***

In *Eckersall*, the husband filed for divorce and sought[ joint custody](https://familylawadvocate.com/divorce/child-custody/) of his three children. The wife also wanted joint custody, but only if the parties could agree on an arrangement. Without such an agreement, the wife’s petition indicated that she wanted sole custody. During the custody proceedings, the husband and wife agreed to have a lawyer appointed as an advocate for their children. As a recent article in *Chicago Lawyer* explained, the children’s attorney requested that the Judge enter an order on behalf of the children that prohibited certain types of parental conduct, including the following:

-      Physical or emotional abuse of the children, or use of corporal punishment;
-      Discussing aspects of the divorce and custody litigation with the children;
-     Asking the children about their preferences for custody or visitation, or generally discussing these issues with them;
-      Discussing or rehearsing court testimony or interviews related to the case with the children;
-      Electronically surveilling the other party or the children, including any and all forms of audio or video recording;
-      Using alcohol or nonprescription drugs in the presence of the children;
-      Allowing an unrelated member of the opposite sex to spend the night when the children are present;
-      Criticizing, disparaging, or demeaning the other party; and
-      Removing the children from the state without the other party’s consent or a court order.

The order was entered by the Court, even though the wife objected to it. She raised numerous objections, including that it violated her right to due process. The court decided that her due process rights weren’t violated because she had the opportunity to raise both general and specific objections.

The wife appealed to the appellate court, which dismissed her appeal. She then appeared to the Illinois Supreme Court, which has yet to render a decision.

**Divorce Court Orders and Regulating Parental Behavior**

What did the wife argue at the Illinois Supreme Court? Many issues came up in this case, but in essence the wife contended that the order functioned like an injunction and thus should have been appealable. The dissenting judges from the appellate court made some significant points, which may come into play in the Supreme Court’s decision.

For instance, the order prevented the children from discussing their feelings about the divorce with their mother, as well as asking their mother questions about how the divorce would affect them. In addition, by prohibiting the mother from surveilling, or videotaping, her children, the order effectively prevented the mother from videotaping school plays, sporting events, and so forth.

At the same time, however, Illinois courts often enter these kinds of orders in divorce cases. Should these orders be better tailored to the unique custody issues that arise in each case, rather than prohibiting conduct that never seemed to be a concern during the divorce proceedings? We’ll have to wait and see how the Supreme Court decides.

In the meantime, if you have questions about Chicago child custody, don’t hesitate to contact an experienced[ Chicago child custody lawyer](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC to learn more about how we can help with your case.

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**Categories:** Child Custody, Custody Orders and Parent Conduct

**Tags:** Chicago Child Custody, Chicago child custody lawyer, Custody Orders and Parent Conduct

---

### [Determining Chicago Child Support Payments](https://familylawadvocate.com/chicago-child-support-payments/)

**Published:** July 6, 2015
**Author:** familylawadvocate

**Content:**

**What’s Fair in Determining Child Support Payments?**

[By M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

A recent Bloomberg news column does a good job of exploring the complex problems surrounding [child support laws](https://familylawadvocate.com/divorce/child-support/ "child support laws"). On the one hand, laws are rightfully in place to discourage bad parenting and “deadbeat dads.” On the other, many parents are unduly caught up in punishing penalties and burdensome payments, unable to get ahead and improve their lives as a result.

Whether you stand to pay or receive support in a divorce, it is critical to maintain fairness and accuracy throughout the process. While Illinois has relatively [clear guidelines](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildSupportInformation.aspx "clear guidelines") for establishing child support payments, judgments in many cases are still heavily situation-dependent. Knowing where you stand, your obligations, and your entitlements is key to a fair and sound judgment.

**The Purpose of Child Support**

While the reason for [child support](https://familylawadvocate.com/divorce/child-support/ "child support") may seem obvious, it can help to think about the underlying philosophy when considering fair payments in your own divorce case. Child support is fundamentally designed to provide for a child’s basic needs. A parent is responsible for securing food, shelter, and clothing for a child. In the modern world, these basic needs can take more complex forms, such as daycare, medical care, and education-related expenses.

**How Payments are Determined**

In Illinois, designated child support payments are typically based upon two factors: the number of children and net income:

- **Number of children:** The more children a parent has, the more child support that will need to be paid. Payments as a percentage of net income go up with each child, starting at 20 percent of net income for one child up to a maximum of 50 percent for six children or more.
- **Net income**: Payments are drawn from net income, or total income after accounting for all deductions. These deductions include taxes, Social Security payments, required retirement payments, union dues, health insurance premiums, and previous support payments.

The court will very rarely deviate from the above guidelines, so it is important that your attorney properly accounts for all income and deductions to ensure an accurate payment.

**Where Things Get Complicated**

While the system in place is seemingly straightforward, things can become decidedly more complex for parents who do not have a consistent income from month to month. This can include unemployed or intermittently employed parents, self-employed parents, or parents with work-related disabilities. In these cases, the court will typically attempt to average net income over time, designating a payment based upon this figure. Whether you are seeking child support or will be paying, it is critical for your attorney to understand all sources of income and possible deductions to ensure that your rights are protected.
Child support is a serious matter that can impact your finances over the long term. For help sorting through this critical aspect of divorce, [contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/). From our Skokie and Chicago offices, we help people throughout the Chicago area move on through the divorce process.

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**Categories:** What’s Fair in Determining Child Support Payments?

**Tags:** Chicago Child Support, Determining Chicago Child Support, What’s Fair in Determining Child Support Payments?

---

### [Common Asset Division Complications in a Chicago Divorce](https://familylawadvocate.com/common-asset-division-complications-in-a-chicago-divorce/)

**Published:** April 10, 2020
**Author:** familylawadvocate

**Content:**

**Top Questions to Ask a Divorce Attorney**

**By: Gordon & Perlut, LLC**

When you are planning for a divorce in Chicago, you should be carefully thinking about the [division of marital property](https://familylawadvocate.com/divorce/property-division/). Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), marital assets and debts are divided based on a rule of equitable distribution. Marital property is divided between the spouses in a way the court decides is fair to both parties. To be clear, equitable means fair, not equal. Before the court divides marital property, it classifies all property owned by the spouses either as marital property (and subject to division) or as separate property (and *not* subject to division). While there are a wide variety of difficulties that can arise during [asset division in a Chicago divorce](https://familylawadvocate.com/divorce/property-division/), the following are some especially common property division complications.

**Hidden or Missing Assets

Hidden assets or missing assets is a frequent problem in divorce cases, particularly where one spouse had access to property the other spouse did not, as well as in high net worth divorce cases. Illinois divorce law requires parties to provide a complete and accurate accounting of assets so the court can determine whether they are divisible, and you need to make sure your attorney does the proper investigation. If you are concerned a spouse is hiding assets or that particular assets have gone missing, there are options available. For example, your Chicago area asset division lawyer can get a forensic accountant on your divorce team who can track down the missing assets. If one of the parties did intentionally hide assets, that party can be penalized.

**Valuing Unique Property

Special, rare, and unique property can be complicated to value or to put a price on. We are not referring to family heirlooms with little to no market value. While one of the spouses certainly might be willing to give up other property with a higher market value to keep something sentimental, we are referring to objects that may require an expert appraisal. For example, if you and your spouse own an art or a rare book collection, it may be necessary to hire an appraiser with experience providing valuations for objects like the ones you own. You should also keep in mind that collectible items can experience significant shifts in value over time depending upon the market. Accordingly, even if you had items in a collection appraised at some point during the marriage, a new appraisal is likely necessary.

**Handling “Commingled” Property**

Commingled property can make asset division especially complicated. In short, “commingled property” refers to property that has features of both separate property and marital property. Typically, commingled property shows up in divorce cases where one spouse invested separate property into a marital asset, or marital effort led to the increase in value of separate property. Depending upon the specific facts of the case, the court may attempt to trace out the separate property from the marital property. In some situations, the commingled property may end up being treated entirely as marital property and divided.

**Seek Advice from a Chicago Area Asset Division Attorney**

Getting divorced is difficult under any circumstances. You should not have to worry about unexpected complications arising during asset division. One of the experienced [Chicago asset division attorneys](https://familylawadvocate.com/contact-us/) at our firm can speak with you today about your situation and options for making a plan for your divorce. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the divorce and asset division services we provide to clients in Chicago.

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**Categories:** Asset Division Attorney

---

### [What Are the Benefits of 50/50 Custody?](https://familylawadvocate.com/what-are-the-benefits-of-50-50-custody/)

**Published:** June 29, 2021
**Author:** familylawadvocate

**Content:**

**What Are the Benefits of 50/50 Custody?**

**By: Gordon & Perlut, LLC**

When you are going through a case involving [child custody in Illinois](https://familylawadvocate.com/divorce/child-custody/), you should know parents will likely share parenting time unless, according to [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000), the court finds evidence that a parent’s use of parenting time would seriously endanger the child’s health.

While the standard of a “preponderance of the evidence” is not the highest evidentiary bar, Illinois courts do want to ensure that both parents share parental responsibilities when it is appropriate. However, just because parents might share significant decision-making responsibilities and parenting time, this does not necessarily mean that they will share custody in a 50/50 manner.

In recent years, there have been pushes for courts to begin with a presumption of 50/50 custody and to deviate from that 50/50 presumption only when appropriate or necessary. Yet is 50/50 custody in the best interests of the child? Our [child custody lawyers in Chicago and Skokie, Illinois](https://familylawadvocate.com/divorce/child-custody/) want to discuss the benefits of 50/50 custody.

**Key Benefits of Equally Shared Significant Decision-Making Responsibilities

Shared 50/50 custody can refer to two different types of parental responsibilities: significant decision-making responsibilities or parenting time. When it comes to significant decision-making responsibilities, it is often beneficial for the parents to share these responsibilities equally. In having equally shared significant decision-making responsibilities, neither parent is individually responsible for making a major decision about the child’s upbringing or well-being, and both parents will know that they have played an equal role in making determinations that can have a substantial impact on the child’s future.

**Advantages of 50/50 Parenting Time**

When parents have 50/50 shared parenting time, meaning that they each spend approximately half of the week, or half of each month or year, with the child, there can be advantages for both the parents and the child, such as:

- Each parent can have the joys of raising the child and seeing the child as much as possible on a regular basis
- The child will be able to spend time with and learn from each parent equally
- The child will learn to adjust well to two separate home environments and may become more flexible to changes in living situations as an adult
- Parenting time arrangement will be straightforward without surprises when the family sticks to a 50/50 plan

**Understanding Potential Limitations of 50/50 Custody

While there are certainly benefits of 50/50 custody in a number of family situations, it is important to keep in mind that the allocation of parental responsibilities should consider the particular factors of each child custody case on a case-by-case basis and should take advantage of the flexibility in Illinois parental responsibility law. When parents do not live near to one another, for example, and the child would need to commute an extended distance to school while living with one parent, the disadvantages of a 50/50 arrangement may outweigh the benefits. You should discuss the specific facts of your case with a child custody lawyer who can help.

**Learn More from a Child Custody Attorney**

If you are anticipating a complicated child custody case and want to push for 50/50 shared parental responsibilities, one of our experienced Chicago and Skokie child custody attorneys can speak with you today about your options. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Child Custody

**Tags:** Custody

---

### [What Are the Legal Ramifications of a Custodial Parent Being Hospitalized?](https://familylawadvocate.com/what-are-the-legal-ramifications-of-a-custodial-parent-being-hospitalized/)

**Published:** June 16, 2021
**Author:** familylawadvocate

**Content:**

**What Are the Legal Ramifications of a Custodial Parent Being Hospitalized?**

**By: Gordon & Perlut, LLC**

If you have been allocated all or a majority of [parental responsibility](https://familylawadvocate.com/divorce/child-custody/) for your minor child, the possibility of becoming incapacitated and unable to care for the child can be an extremely concerning prospect. Whether you are simply wondering about how the court would handle such a situation, or if you have recently suffered a serious injury or debilitating illness that will require hospitalization, you may want to know: what are the legal ramifications of a custodial parent being hospitalized?

There is no single answer to this question since the consequences of a custodial parent being hospitalized will depend upon the particular facts of the case.

For example, is the hospitalized parent the only parent with parental responsibility, or does that parent share parental responsibilities — even if disproportionately — with the child’s other parent? And how long is the hospitalization expected to last? Our [child custody attorneys in Chicago and Skokie, Illinois](https://familylawadvocate.com/divorce/child-custody/) can evaluate the particular facts of your case and can help you to understand the legal ramifications of being hospitalized as a custodial parent and whether any additional steps need to be taken.

**Do the Parents Share Parental Responsibilities in Any Capacity?**

If you consider yourself to be the custodial parent, you have likely gone through a child custody case and know that the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) no longer recognizes the term “child custody” but instead provides for the “allocation of parental responsibilities.” If you have been hospitalized, or if you know you will need to be hospitalized in the very near future, the ramifications of your hospitalization will depend in part on whether you have been allocated *all* parental responsibilities or you share parental responsibilities in some manner with your ex.

A parent’s hospitalization can make it difficult or even impossible for that parent to exercise significant decision-making responsibilities for the child as well as the caretaking functions required as part of parenting time. Yet even if you have been allocated more of these responsibilities than your ex, if you do share both significant decision-making responsibilities and parenting time, your ex may be able to take on additional parental responsibilities during your hospitalization.

If you do not share parental responsibilities at all because the court believed evidence existed to restrict parental responsibilities, it may be necessary for the court to locate a relative or guardian to step in temporarily to provide parental responsibilities.

**How Long Will the Hospitalization Last?

Another key question to consider is the length of the hospitalization. If a parent is only anticipating a relatively short hospital stay—a few days to even a few weeks — it may not be necessary to ask the court to change an existing parenting plan or allocation judgment if the other parent can fill in. However, if the hospitalization is expected to last for a very long time, or even indefinitely, it may be necessary for the court to modify the existing allocation judgment or parenting plan.

The party seeking the modification — which may be the other parent or another party if the other parent is not involved — will need to show that a substantial change in circumstances has occurred. In most cases, a custodial parent’s lengthy hospitalization will certainly amount to a substantial change in circumstances.

**Seek Advice from our Chicago and Skokie Child Custody Lawyers**

If you have any concerns about child custody or how to handle a parent’s hospitalization, our Chicago and Skokie child custody attorneys can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Child Custody

**Tags:** Child Custody

---

### [Child Custody in Illinois With a Non-Traditional Work Schedule](https://familylawadvocate.com/child-custody-in-illinois-with-a-non-traditional-work-schedule/)

**Published:** June 7, 2021
**Author:** familylawadvocate

**Content:**

**Child Custody in Illinois With a Non-Traditional Work Schedule**

**By: Gordon & Perlut, LLC**

When you are going through a divorce and have minor children from your marriage, or you are ending a relationship with a partner with whom you share minor children, we know you are likely to have many questions or concerns about how [child custody in Illinois](https://familylawadvocate.com/divorce/child-custody/) will be decided. For parents with a non-traditional work schedule, the prospect of going through a child custody case can be even more concerning or anxiety-inducing. A parent might be worried he/she will not be eligible for parenting time because of their profession. There are a wide variety of jobs that require employees to work unconventional hours, and you should know that a non-traditional work schedule will not result in a restriction of parenting time.

Our [child custody lawyers in Chicago](https://familylawadvocate.com/divorce/child-custody/) can provide you with more detailed information about how the court might allocate parenting time based on the specific type of work schedule you typically keep, but in the meantime, we want to provide you with more general information about child custody in Illinois with a non-traditional work schedule.

**Courts Understand That Parents May Be Required to Work Unconventional Hours**

Although the typical workday comes with a nine-to-five schedule, you should know that the court will not penalize a parent who works unconventional hours since there are so many different jobs that require non-traditional schedules. According to [*Business Insider*](https://www.businessinsider.com/hate-the-9-to-5-15-cool-careers-with-unconventional-hours-2013-1), some jobs that come with unconventional work schedules are well-known, such as healthcare professions (emergency room physicians or nurses who might frequently work overnights, or emergency medical technicians or law enforcement officers with night shifts). Yet many other jobs and professions also come with unconventional hours, such as firefighters, political campaign managers, pilots or air traffic controllers, rideshare or taxi drivers, or convenience store owners. If you do not have a typical work schedule, that fact alone will not prevent you from having parenting time.

**Avoid Complications By Creating a Parenting Plan**

If you have been working a job that has non-traditional hours for quite some time, your spouse or former partner likely understands the intricacies and complications of your schedule. If you are able to work collaboratively with your ex for the sake of your child, you can create a court-approved parenting plan through which you allocate parental responsibilities under [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000)—including both significant decision-making responsibilities and parenting time. By reaching an agreement about how you will share parenting time, which includes the day-to-day caretaking functions for the child, you can develop a schedule that takes into account your unconventional work schedule and still ensures that you share parenting time with your ex.

**Court Can Be Flexible in Allocating Parenting Time**

Even if you cannot reach an agreement with your ex in order to develop a parenting plan, the court will allocate parental time in a manner that is in the best interests of the child. Illinois courts want both parents to play an important role in their children’s lives and to have parenting time unless there is a clear reason to restrict it. Having a non-traditional work schedule, to be clear is never a reason to restrict parenting time.

With the 2018 changes to the IMDMA that replace the term of child custody with “parental responsibilities”, courts can be more flexible in allocating parenting time and developing a schedule that meets the specific needs of the family.

**Contact Our Chicago Child Custody Attorneys**

Do you have questions about the allocation of parenting time with a non-traditional work schedule? A child custody attorney in Chicago can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Custody

**Tags:** Child Custody

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### [How Do I Collect Child Support If My Ex Moved Out Of State?](https://familylawadvocate.com/how-do-i-collect-child-support-if-my-ex-moved-out-of-state-2/)

**Published:** May 25, 2021
**Author:** familylawadvocate

**Content:**

**How Do I Collect Child Support if My Ex Moved Out of State?**

**By: Gordon & Perlut, LLC**

Child support is necessary to ensure a child has all of the necessities and basic needs he/she needs – even after parents split up or get divorced. Given how important this kind of financial support is to a child’s well-being, it can be extremely frustrating and demoralizing when one of the parents will not pay his or her portion of the child support obligation.

While there are numerous steps a [Skokie area child support lawyer](https://familylawadvocate.com/divorce/child-support-collections-chicago/) can discuss with you when it comes to [child support collection](https://familylawadvocate.com/divorce/child-support-collections-chicago/), we know that the process can feel even more daunting when you have not been able to contact your ex and when that ex lives in another state.

What do you need to know about collecting child support from a parent who lives in another state and has not paid his or her portion of the child support obligation?

**Moving to Another State Does Not End the Child Support Obligation

First, it is critical to know that your ex is not simply relieved from his or her obligation to pay child support as a result of moving outside the state of Illinois. Regardless of whether your ex lives in Illinois at the time of the child support order issued in Illinois or not, and regardless of whether your ex remains in the state of Illinois or moves to another state, the child support order is still a court order that applies to both parents

While it may be possible for a parent who moves out of state to transfer the child support case to another state, a non-paying parent who moves out of state is not relieved of the child support obligation simply by crossing state lines.

To be sure, according to the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), either parent can ask an Illinois court to enforce a child support order, which often results in the non-paying parent being held in contempt. As the IMDMA explains, “\[f\]ailure of either parent to comply with an order to pay support shall be punishable as in other cases of contempt,” and various penalties may apply. Those penalties can include probation and periodic imprisonment.

**Illinois Still Has Jurisdiction Over the Child Support Case**

You should know that Illinois will still have jurisdiction over your child support case when your child support order is issued in Illinois. As such, an Illinois court can take steps against your ex, such as holding your ex in contempt, even if your ex has moved to another state.

**Taking Steps to Enforce Your Child Support Order**

Recognizing that an Illinois court can still handle an enforcement action to collect child support from an out-of-state non-paying parent, you should learn about the steps you must take in order to initiate an enforcement action.

Typically, the first step in an Illinois child support enforcement case is to work with your lawyer to file a Petition for Rule to Show Cause, which is a form through which you will ask the court to enforce the child support order. The court has the authority to hold the non-paying parent in contempt and to take other actions in order to enforce the child support order, which can include garnishment of wages to ensure that your child receives the support she or he needs.

In situations where the non-paying parent has moved out of state and cannot be found, you may be able to seek assistance from the Illinois Department of Child Support Services (DCSS) to locate an out-of-state parent who has not paid child support. Once the parent has been located, an Illinois court can take steps toward enforcement of the child support order.

**Contact Our Illinois Child Support Attorneys

Our Illinois child support lawyers are here to help with your collections case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information and to get started.

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**Categories:** Child Support Lawyer

**Tags:** child support

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### [What You Need To Know About Debt Division in Illinois](https://familylawadvocate.com/what-you-need-to-know-about-debt-division-in-illinois/)

**Published:** April 29, 2021
**Author:** familylawadvocate

**Content:**

**What You Need To Know About Debt Division in Illinois**

**By: Gordon & Perlut, LLC**

The divorce process in Illinois requires many different steps, including the division of marital property. Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), all marital property, including assets and debts, will be divided in a manner that is equitable to both spouses.

What does this mean? In short, since Illinois is an equitable distribution state, the court will look at a variety of factors to determine what a fair asset division and [debt division](https://familylawadvocate.com/divorce/property-division/) should be based on the particular circumstances of the married couple.

In any divorce, regardless of the value of the assets or debts from the marriage, you should have a [Chicago area debt division lawye](https://familylawadvocate.com/divorce/property-division/)r on your side to advocate for you. In the meantime, the following are some key things you should know about debt division in Illinois.

**Separate Non-Marital Debt Will Not Be Divided in Your Divorce**

In a divorce, courts do not divide Non-Marital property. To be sure, only marital property is divided in a divorce. What this means for you is that non-marital debt will not be divisible in your divorce case. Accordingly, if you have non-marital debt, or if your spouse has such debt, the court will not divide the debt between you. To ensure that this debt is not divided, the court will need to classify all property, including assets and debts, as non-marital property or marital property. How does non-marital debt get classified appropriately?

Generally speaking, debt that falls into any of the following categories will be classified as non-marital property and will not be subject to distribution:

- Debt acquired prior to the marriage
- Debt that is specifically excluded from division through a premarital or postnuptial agreement

**Marital Debt Will Be Divided in a Manner That is Equitable**

Once debt is properly classified, the court will divide marital debt in a manner that is equitable to both spouses, taking into account relevant factors listed in the IMDMA such as:

- Each party’s contribution to the acquisition of the debt
- Each party’s dissipation of marital property
- Duration of the marriage
- Economic circumstances of each spouse
- Age and health of the spouses
- Occupation and skills of each spouse
- Each spouse’s allocated parental responsibilities
- Tax consequences of the distribution of property

When it comes to debt and the division of marital property, the court will need to divide both marital assets and marital debts in a way that is fair to both spouses. If you have particular concerns about marital debt, especially if your spouse incurred the majority of the debt without your permission, you should seek advice from a debt division attorney in Chicago. It can be difficult to understand how a court must classify and divide debt acquired by just one spouse during the marriage without the other spouse’s knowledge or permission, but your lawyer can advocate for you in court and may be able to show that the majority of a specific debt should be distributed to the other spouse.

**Contact a Chicago area Debt Division Attorney**

Whether you are just beginning to consider the possibility of filing for divorce or you need assistance with your existing divorce case, one of our experienced debt division attorneys in Chicago can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide.

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**Categories:** Debt Division Lawyer

**Tags:** debt division

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### [Five-Year Civil Union Discrimination Case Settled in Illinois](https://familylawadvocate.com/five-year-civil-union-discrimination-case-settled-in-illinois/)

**Published:** January 3, 2017
**Author:** familylawadvocate

**Content:**

**Five-Year Civil Union Discrimination Case Settled in Illinois**

By: M. Scott Gordon

Perhaps you heard in the news about a legal case in 2011 in which the owners of Illinois’s Timber Creek Bed & Breakfast denied access to a [same-sex couple](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) interested in hosting their [civil union](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) ceremony at the location. At the time, same-sex marriage had not yet been made legal in Illinois. To be sure, 2011 was the year that Illinois legalized civil unions for same-sex couples. While the case was previously decided by an administrative law judge who ruled in favor of the same-sex couple and their rights with regard to holding a civil union ceremony, a recent article in the *Chicago Sun-Times* noted the case was not firmly brought to a close until the Illinois Human Rights Commission weighed in.

Just recently, a “three-member panel of the Illinois Human Rights Commission sided with the judge . . . by declining to take on the case.” What does this mean for gay civil rights in Illinois? And will it have a discernible impact on legal issues surrounding civil unions in the Chicago area?

**Background of the Discrimination Case and Religious Freedom**

While the case that continues to make news received much press in 2011 (and, indeed, in the years since), we suspect you might need a brief refresher on the facts of the case. In brief, when the same-sex couple sought to hold a civil union ceremony at Timber Creek Bed & Breakfast, the facility refused to host the civil union ceremony on the grounds that they opposed same-sex civil unions based on their religious beliefs. The same-sex couple, Todd and Mark Wathen, filed a lawsuit against the Bed & Breakfast, arguing that it had violated Illinois law by refusing to serve as a host location for their ceremony.

The case became one about “the conflict between religious freedoms and gay civil rights,” according to the article. The article went on to explain that, in response to the lawsuit, “an administrative judge ruled last year that the owners violated the state’s Human Rights Act because the couple was denied a venue based on sexual orientation.”

The Illinois Human Rights Act ([775 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64)) makes clear that the law provides freedom from unlawful discrimination, which includes “discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations.” In this particular case, Todd and Mark Wathen argued that they had been discriminated against based on sexual orientation.

**Current Implications of the Decision from the Illinois Human Rights Commission**

Why did the Illinois Human Rights Commission have the option of hearing this case? In short, when the bed and breakfast owners lost, they were ordered to pay approximately $80,000 in damages and legal fees, as well as to “allow same-sex couples access to their facilities.” As the article explains, the bed and breakfast’s website continues to make clear that is does “not host civil union or gay marriage ceremonies and/or receptions.”

In declining to hear this case, however, the Illinois Human Rights Commission has indicated, in effect, that the judge made the right decision. Advocates for gay civil rights suggest that “the move \[by the Commission, in declining to hear the case\] is a clear interpretation of Illinois law, whether applied to civil unions or marriage.”

**Contact a Chicago Family Law Attorney**

If you have questions about your rights with regard to civil unions in Illinois, or the benefits that can result from a civil union, an experienced Chicago family law attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about our services.

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**Categories:** Civil Unions

---

### [How Will Our Antiques Collection Be Divided in Divorce?](https://familylawadvocate.com/how-will-our-antiques-collection-be-divided-in-divorce/)

**Published:** December 23, 2020
**Author:** familylawadvocate

**Content:**

**How Will Our Antiques Collection Be Divided in Divorce?**

**By: Gordon & Perlut, LLC**

Many married couples in the Chicago area own valuable collections, from antique books to antique furniture. When one of those spouses makes the decision to [file for divorce](https://familylawadvocate.com/divorce/), there is a good likelihood that much, if not all, of the collection, will be classified as marital property and will be subject to distribution in the divorce. If you own an antique collection of any type with your spouse and you are anticipating or planning for a [divorce](https://familylawadvocate.com/divorce/), you are likely wondering how that antique collection will be divided. We want to provide you with some key considerations to keep in mind.

**How and Whether the Collection Will Be Divided Depends on Whether It is Marital Property**

First and most importantly, you will want to know whether the court will classify some, all, or none of the antique collection as marital property for purposes of property division. Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), most property acquired during the marriage will be classified as marital property and will be subject to division. The only exceptions are assets that are excluded from distribution by the terms of an enforceable premarital agreement, assets acquired by gift or through an inheritance, and assets acquired by one spouse with that spouse’s separate property. In most cases, at least some of a couple’s collection will be classified as marital property. Even if one spouse owned some of the pieces prior to the marriage, any items acquired after the date of the marriage will be considered marital property unless one of those exceptions applies.

**Illinois Courts Divide Marital Property According to the Rule of Equitable Distribution**

Assuming some or all the antique collection is marital property that will be divided, the next thing to know is the IMDMA requires courts to divide marital property according to the theory of equitable distribution. There are several statutory factors the court can consider to determine what an equitable, or fair, distribution of the antique collection looks like. Factors include, for example, the earning capacity of the parties, the health of the parties, and the standard of living established during the marriage.

**You May Be Able to Negotiate with Your Spouse and Enter into a Marital Settlement Agreement**

If you want to play a bigger role in determining how the antique collection is divided, or if you want to negotiate with your spouse to keep the collection intact by giving up other assets, you can negotiate a marital settlement agreement. Your Chicago area divorce attorney can discuss marital settlement agreements with you.

**Contact a Chicago Area Divorce Lawyer**

How will an antique collection be divided in a divorce? The answer depends upon several factors, as we discussed above. An experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can evaluate the specific facts of your case and help you to gain a better understanding of property division in your situation, and the options that may be available to you. Do not hesitate to get in touch with our firm to learn more about how we can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with a Chicago area divorce attorney about your divorce.

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**Categories:** Divorce Attorney

**Tags:** asset division, Divorce

---

### [Can Judges Deviate From State Child Support Guidelines?](https://familylawadvocate.com/can-judges-deviate-from-state-child-support-guidelines/)

**Published:** April 1, 2021
**Author:** familylawadvocate

**Content:**

**Can Judges Deviate From State Child Support Guidelines?**

**By: Gordon & Perlut, LLC**

When you are going through a divorce or a split from your child’s other parent, the court will need to allocate parental responsibilities and determine each parent’s child support obligation. Under [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59), child support obligations are based on guidelines.

The court uses the income shares model, which takes into account both parents’ incomes, and takes the total combined income to determine the child support obligation based on the [Child Support Guidelines](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx). The guidelines consider the total combined monthly gross income of the parents, the number of children, the amount of parenting time allocated to each parent, and other factors. The guidelines are designed to streamline the process of determining child support across cases.

Yet there are certain situations in which it might make sense for the court to deviate from the Illinois Child Support Guidelines. Our [Chicago child support attorneys](https://familylawadvocate.com/divorce/child-support/) want to provide you with more information about the guidelines and reasons to deviate from them.

**Judges Must Provide a Written Explanation for Deviating from the Child Support Guidelines**

The first thing you should know about deviations from the guidelines is that they are not taken lightly. Illinois law clarifies that judges should only deviate from the existing guidelines “if the application would be inequitable, unjust, or inappropriate.”

To be sure, to deviate from the guidelines, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) says “any deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.”

The following are reasons that the IMDMA cites for appropriate deviations from the guidelines:

- “Extraordinary medical expenditures necessary to preserve the life or health of a party or a child of either or both of the parties”
- “Additional expenses incurred for a child subject to the child support order who has special medical, physical, or developmental needs”
- “Any other factor the court determines should be applied upon a finding that the application of the child support guidelines would be inappropriate, after considering the best interest of the child”

**Deviations When Parent Incomes Are Very Low or Very High**

Beyond extraordinary medical or health needs that would require additional child support more than what is recommended under the guidelines, one of the primary reasons that a court will deviate from the child support guidelines, which provide a kind of formula for calculating child support obligations, is that the combined gross incomes of the parents are either very low or very high.

The guidelines begin with a formula for the child support obligation when the parents have a monthly gross income of $325. Accordingly, if both parents are unemployed, or very underemployed, it may not be possible to rely on the guidelines. However, the IMDMA does state that there is “a rebuttable presumption that a minimum child support obligation of $40 per month, per child . . . for an obligor who has actual or imputed gross income at or less than 74 percent of the most recent United States Department of Health and Human Services Federal Poverty Guidelines.” The existence of child support arrears is not a reason to deviate from the guidelines.

Especially high incomes can also be a reason for a judge to deviate from the guidelines.

**Contact Our Chicago Child Support Lawyers**

Do you have questions or concerns about child support obligations in Illinois? A Chicago child support lawyer at our firm can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Child Support Attorneys

**Tags:** child support

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### [How Can I Avoid A Contested Divorce?](https://familylawadvocate.com/how-can-i-avoid-a-contested-divorce/)

**Published:** April 1, 2021
**Author:** familylawadvocate

**Content:**

**How Can I Avoid A Contested Divorce?**

**By: Gordon & Perlut, LLC**

If you are planning to file for divorce, or if you are in the early stages of a divorce case in the Chicago area, you are likely considering options to resolve your case as quickly as possible and as cost-effectively as you can. Under Illinois law, uncontested divorces, or those in which the parties have reached an agreement about all aspects of the divorce, tend to go much more quickly and cost less money than contested divorces.

Unlike an uncontested divorce, a contested divorce is one in which the parties cannot reach an agreement about one or more issues concerning the divorce, from the division of marital property to the allocation of parental responsibilities. So, how can you avoid a [contested divorce](https://familylawadvocate.com/divorce/fault-no-fault/)? Our Chicago area divorce attorneys can help. In the meantime, the following are some options to consider for avoiding a contested divorce.

**Consider Family Mediation**

Even if you start off in a situation where it looks like you may end up having a contested divorce, there are options to resolve disputes with your spouse. A common way to avoid a contested divorce is to enter family mediation. Mediation is a form of alternative dispute resolution in which a neutral third-party (the mediator) helps to guide dialogue and negotiation between you and your spouse.

If you can resolve your disputes through mediation, you can enter into an agreement concerning the resolution of those disputes, and you can have an uncontested divorce. If you cannot reach an agreement through mediation, other options may still be available to avoid a contested divorce. And in some cases, you might skip mediation altogether and choose an alternate option for avoiding a contested divorce, such as collaborative divorce.

**Consider Collaborative Divorce**

While collaborative divorce has some similarities to mediation and alternative dispute resolution more broadly, collaborative divorce is a process through which you and your spouse will each be represented by a collaborative divorce attorney to resolve disputes in your divorce before having to go before a judge in a routine proceeding to finalize your divorce.

A collaborative divorce will be governed by the Illinois [Collaborative Process Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59), and it will require all parties to enter into a collaborative process participation agreement with the aim of resolving the dispute and getting divorced. If you are deciding between family mediation and collaborative divorce, you should seek specific advice from a Chicago area divorce attorney about the distinctions between the two processes and which process may be a better fit for you.

**Consider Negotiating a Marital Settlement Agreement**

With help from your Chicago area divorce lawyer, you may be able to negotiate with your spouse to enter into a marital settlement agreement. It is critical to have a divorce attorney on your side during any process of negotiation in your divorce to ensure that you obtain a fair and reasonable settlement.

**Contact a Chicago Area Divorce Attorney**

If you need help with your divorce case and want to avoid a contested divorce, our experienced Chicago area divorce lawyers can assist you. Do not hesitate to get in touch with our firm to learn more about the services we provide. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to get started on your case.

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**Categories:** Divorce lawyers

**Tags:** contested divorce, divorce attorney

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### [Why to Consider Collaborative Law Instead of Divorce Litigation](https://familylawadvocate.com/why-to-consider-collaborative-law-instead-of-divorce-litigation/)

**Published:** March 17, 2021
**Author:** familylawadvocate

**Content:**

**Why to Consider Collaborative Law Instead of Divorce Litigation**

**By: Gordon & Perlut, LLC**

**What Is Collaborative Law?**

When you are considering a divorce in the Chicago area and are anticipating one or more contentious issues to arise, you should speak with a Chicago area divorce lawyer about the benefits of collaborative law instead of going through a lengthy and potentially costly divorce litigation.

To be sure, collaborative law has many benefits that can allow you to resolve the disputes in your divorce case more quickly, at less cost, and with future benefits in comparison with a traditional divorce case that involves litigation. The [Collaborative Process Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59) governs the collaborative law process in a divorce case, while the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will govern particular state law issues that may arise in your divorce case.

The following are some of the benefits of choosing [collaborative law for your Chicago area divorce](https://familylawadvocate.com/divorce/) instead of litigation.

**Control Over the Divorce Process**

When you choose collaborative divorce, you are able to keep some control over the divorce process. With assistance from your attorneys, you and your spouse will make decisions about issues like the division of marital property and the allocation of parental responsibilities if you have minor children from your marriage. Since you are not presenting your case before a judge who makes a final decision, you can retain a sense of control concerning the outcome of your divorce.

**Can Be Quicker Than Divorce Litigation**

With collaborative divorce, you will not need to wait for scheduled court hearings, which can take months or longer, particularly when there are multiple disputes at issue in your divorce. Although it is important to set aside the necessary time for a productive collaborative divorce process, you will likely be able to finalize your divorce much more quickly than would be possible with litigation.

**Less Costly Than Divorce Litigation**

Collaborative divorce is often less costly — both financially and emotionally — than a traditional divorce involving litigation. Since the process can be faster, as we noted above, and you do not need to go through multiple court hearings, you will likely spend less money on the divorce.

**Your Privacy Will Be Protected**

Since you will not need to present all of the “messy” details of your case before a judge, all of the privacy issues that arise out of your divorce case can remain private. The proceedings of your collaborative divorce will not become part of a public record (although the final agreement may), and your privacy can be protected.

**Develop an Improved Working Relationship with Your Spouse for Future Co-Parenting**

In a collaborative divorce, the parties work collaboratively — as the descriptor suggests — with the help of their lawyers to reach an agreement and outcome in their divorce case. Since collaborative divorce requires dialogue and compromise, the parties in a collaborative divorce often will move forward with an improved working relationship. This is particularly beneficial when there are minor children from the marriage and effective communication can help with co-parenting.

**Contact a Chicago Collaborative Divorce Lawyer Today**

If you are thinking about divorce and you want to learn more about collaborative divorce and its benefits, one of our experienced Chicago area collaborative divorce lawyers can speak with you about your options. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information about collaborative law and your Illinois divorce.

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**Categories:** Divorce Attorney

**Tags:** collaborative law

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### [How is the Allocation of Parental Responsibilities Decided?](https://familylawadvocate.com/how-is-the-allocation-of-parental-responsibilities-decided/)

**Published:** March 3, 2021
**Author:** familylawadvocate

**Content:**

**How is the Allocation of Parental Responsibilities  Decided?**

**By: Gordon & Perlut, LLC**

When you are going through a [child custody](https://familylawadvocate.com/divorce/child-custody/) case, it is critical to understand how the [allocation of parental responsibilities](https://familylawadvocate.com/divorce/child-custody/) will be decided. Depending upon the circumstances of your case, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows for the parents to develop a parenting plan in which parental responsibilities are allocated, or, in cases where the parents cannot reach an agreement, for the court to allocate parental responsibilities in an allocation judgment.

Whether the parents or the court allocate parental responsibilities, decisions about the parents’ significant decision-making responsibilities and parenting time must be guided by the “best interests of the child” standard. To be clear, parental responsibilities in Illinois include both significant decision-making responsibilities and parenting time.

The [IMDMA](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) provides a variety of facts that the court can use to determine the child’s best interests for the purposes of allocation of both significant decision-making responsibilities and parenting time.

**Factors for Allocating Significant Decision-Making Responsibilities**

To determine the child’s best interests when it comes to the allocation of significant decision-making responsibilities, the court can consider “all relevant factors,” which can include some or all of the following:

- Child’s wishes if the child is mature enough to express a reasoned and independent preference
- Child’s current adjustment to his or her home and community
- Mental and physical health of the child
- Mental and physical health of the parents
- Parents’ ability to cooperate with one another
- Level of conflict between the parents
- Each parent’s previous participation in significant decision-making responsibilities
- Prior agreement between the parents concerning significant decision-making responsibilities
- Parents’ wishes
- Needs of the child
- Each parent’s willingness to facilitate a close parent-child relationship between the child and the other parent
- Factors that suggest one of the parents should not be allocated significant decision-making responsibilities, such as a history of physical violence or threat of physical violence, child abuse, or a sex offender conviction

**Factors for Allocating Parenting Time**

When courts allocate parenting time, which includes caretaking functions for the child, the court can consider many of the same factors listed above in addition to some others. Additional factors that can allow the court to allocate parenting time, according to the child’s best interests might include:

- Amount of time each of the parents has spent performing caretaking functions in the past, particularly in the two years before the child custody case
- Interactions and relationship between the child and his or her parents and siblings, as well as any other relevant parties in the household
- Terms of a parent’s military family-care plan if one of the parents is an active-duty member of the military

Courts do not consider facts about the parents that are unrelated to parenting time and caretaking functions when determining how parenting time should be allocated.

**Discuss Your Case with a Chicago Child Custody Lawyer**

The allocation of parental responsibilities can be complicated, and sometimes contentious, in a child custody case in Chicago and Northeast Illinois. If you have questions or concerns about the allocation of parental responsibilities and your rights as a parent, one of our experienced Chicago child custody attorneys can speak with you today about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Divorce Attorney

**Tags:** Divorce, Parental Responsibilities

---

### [How to Get Equal Shared Parenting in Illinois](https://familylawadvocate.com/how-to-get-equal-shared-parenting-in-illinois/)

**Published:** January 14, 2021
**Author:** familylawadvocate

**Content:**

**How to Get Equal Shared Parenting in Illinois**

**By: Gordon & Perlut, LLC**

If you are anticipating a divorce or a separation from your child’s other parent and you currently share minor children, you may be worried about how the court will allocate parental responsibilities or how the court will make decisions about child custody. Ultimately, you may be seeking [equal shared parenting in Cook County](https://familylawadvocate.com/divorce/child-custody/) so you can participate in making significant decisions about your child’s upbringing in addition to spending equal time with your child and providing caretaking functions.

While proposed legislation in Illinois has, in the recent past, moved for a presumption of equal shared parenting time, there is no current requirement that courts begin from a presumption that parents share custody 50/50. Instead, the court focuses on the best interests of the child standard in allocating parental responsibilities to the parents, including a parenting schedule.

However, just because there is no presumption of 50/50 or equal shared parenting time in Cook County, you can still obtain an allocation judgment or develop a parenting plan in which you share parenting equally with your ex. Our Chicago child custody lawyers want to discuss some of the ways in which you can get equal shared parenting in Cook County under the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)).

**Develop a Parenting Plan That Has Equal Shared Parenting**

You can get equal shared parenting in Cook County if you work with the other parent to develop a parenting plan in which you have equal shared parenting time. The court can approve your parenting plan that involves equal shared parenting if you can show that the arrangement in the parenting plan is in the child’s best interest. With a parenting plan, the parents can work together to allocate parental responsibilities in a manner that is best for their family’s needs.

If you cannot develop a parenting plan with your ex because you cannot reach an agreement, you may be able to get equal shared parenting time if you can prove to the court that equal shared parenting is in the child’s best interest and should be allocated as such in the court’s allocation judgment.

**Show That Equal Shared Parenting Time Is in the Child’s Best Interest**

Instead of awarding child custody, under relatively recent changes to Illinois law, the court now allocates parental responsibilities in an allocation judgment — including both significant decision-making responsibilities and parenting time. If the court determines that equal shared parenting time is in the child’s best interests, it can allocate equal shared parenting in the allocation judgment.

**Contact a Chicago Child Custody Attorney for Assistance In Your Equal Shared Parenting Plan**

Whether you need assistance developing a parenting plan and demonstrating that the equal shared parenting terms are in the child’s best interest, or you need to show the court that equal shared parenting is in the child’s best interest and should be allocated accordingly, one of our dedicated Chicago child custody attorneys can assist you. We know how complicated and contentious child custody cases can be, but we will do everything we can to help you obtain equal shared parenting in your child custody case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to speak with a Cook County family lawyer about the allocation of parental responsibilities.

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**Categories:** Parenting Time

**Tags:** Parenting Time, Shared Parenting

---

### [What Are My Options If My Ex Refuses to Pay Child Support?](https://familylawadvocate.com/what-are-my-options-if-my-ex-refuses-to-pay-child-support/)

**Published:** March 10, 2021
**Author:** familylawadvocate

**Content:**

**What Are My Options if My Ex Refuses to Pay Child Support?**

**By: Gordon & Perlut, LLC**

[Child support](https://familylawadvocate.com/divorce/child-support/) is essential for any child’s well-being, and it is designed to provide for a child’s needs even if the parents are no longer together. Under [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59), child support is calculated according to the income shares model.

What this means is that, when the court determines each parent’s [child support obligation](https://familylawadvocate.com/divorce/child-support/), it will determine an overall child support obligation as if the parents were not separated and will apportion that total obligation based on the income of each parent, the total number of overnights with the child, and other relevant factors.

To clarify, the court will combine the incomes of both parents and will use that figure to determine a total support obligation based on the Illinois guidelines and the number of children in need of support. Then, each parent will be responsible for a portion of that total obligation.

When both parents provide their portion of the child support obligation, the income shares model works well. However, there are many situations in which one of the parents does not provide his or her portion of the child support obligation and may in fact actively refuse to pay child support. What can you do if your ex refuses to pay child support? The following options may be available to you.

**Ask the Court to Enforce the Child Support Order**

If you have an existing child support order and your ex refuses to pay, you can ask the court to enforce that child support order. You should remember that a child support order is a court order, and your ex is legally obligated to pay child support according to the terms of the order. We will explain below some of the enforcement mechanisms that the court might be able to use to enforce the child support order and to get you the money you need to provide for your children.

If you do not have a child support order but you share minor children with your ex and your ex refuses to pay child support, your first step should be to contact a Chicago child support lawyer who can help you to move forward with a child support case to seek a child support order.

**Ask The Court To Withhold Their Income for Support**

Most immediately, the court can require your ex’s employer to withhold income from your ex’s paycheck in order to pay child support (including unpaid child support that is owed).

**Hold Your Ex in Contempt**

Since a child support order is a court order, one option the court may use if your ex will not abide by the terms of that support order is to hold your ex in contempt. According to the [Illinois Non-Support Punishment Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59), a person can be held in contempt if one of the following is true:

- Willfully refuses to pay a support obligation and has the ability to pay
- Leaves the state of Illinois with the intention of avoiding a support obligation

**Seek Advice from a Chicago Child Support Lawyer**

If you need assistance with child support collections, one of our experienced Chicago child support attorneys can help you with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about our services.

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**Categories:** Chicago Child Support Lawyers

**Tags:** child support

---

### [How Illinois Divorce Laws Changed in 2019](https://familylawadvocate.com/how-illinois-divorce-laws-changed-in-2019/)

**Published:** February 18, 2021
**Author:** familylawadvocate

**Content:**

**How Illinois Divorce Laws Changed in 2019**

**By: Gordon & Perlut, LLC**

In recent years, [Illinois divorce laws](https://familylawadvocate.com/divorce/) have undergone numerous changes, from shifts in the way the [Illinois Marriage Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA) describes and allocates child custody (which is now known as the allocation of parental responsibilities), to the development of guidelines and formulas for determining the amount and duration of spousal support.

We know many of the recent changes to Illinois law have significant repercussions for individuals and families going through divorces in Cook County and Northeast Illinois. In particular, there were some significant divorce law changes in 2019 alone. Most notably, 2019 saw several changes to spousal maintenance calculations.

Our [Illinois divorce lawyers](https://familylawadvocate.com/divorce/) want to discuss how Illinois divorce laws changed in 2019, and how those changes to the law ultimately could impact you.

**Changes to Spousal Maintenance Calculations**

Changes to federal tax law resulted in a shift in the way that alimony, or spousal maintenance, is taxed. As you may know, the paying spouse used to be able to deduct spousal maintenance from his or her income prior to paying taxes, while the receiving spouse was required to pay taxes on the alimony or spousal maintenance received as if it were income. With changes to federal tax law, the party responsible for paying taxes on spousal maintenance also changed: The paying party now must pay taxes on the amount while the receiving party does not pay taxes on maintenance received. In response, Illinois spousal maintenance calculations also shifted accordingly.

Rather than calculate spousal maintenance based on gross income, the calculation became based on net income. Further, the percentage of the parties’ incomes used in the calculations shifted. Prior to the change in the law, courts subtracted 20 percent of the receiving party’s gross income from 30 percent of the paying party’s gross income to determine the spousal maintenance amount. Now, courts subtract 25 percent of the receiving party’s net income from 33.3 percent of the paying party’s net income to determine the amount of support. The total maximum combined income for the guidelines to apply was also increased to $500,000.

**Shift in Factors to Determine Maintenance**

It was a relatively minor change, but the multiplying factors for determining the duration of maintenance changed slightly. The multiplying factors now increased every year (after 5 years of marriage) instead of increasing only every five (5) years.

Beyond the multiplying factors, the possibility of “permanent” spousal maintenance when a marriage lasts for 20 years or longer changed. Now, under the IMDMA, marriages lasting for 20 years or longer could see maintenance awarded “for an indefinite term.”

**Learn More by Contacting Our Illinois Divorce Lawyers**

If you have questions about how any of the changes to spousal maintenance laws will affect your divorce, or if you want more information about some of the changes to Illinois divorce law in the last few years, our Illinois divorce attorneys can assist you. Illinois family law has undergone sweeping changes in the past several years, and it is critical for anyone planning to file for divorce to understand how the IMDMA in 2021 will apply to your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information about Illinois divorce laws and about the services we provide in Cook County.

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**Categories:** Divorce Attorney

**Tags:** Illinois divorce laws

---

### [Who Pays For College Expenses In A Divorce Settlement?](https://familylawadvocate.com/who-pays-for-college-expenses-in-a-divorce/)

**Published:** February 4, 2021
**Author:** familylawadvocate

**Content:**

**Who Pays For College Expenses In A Divorce Settlement?**

**By: Gordon & Perlut, LLC**

## Divorce and College Expenses

When you are planning for a divorce and you are thinking about child support payments, you should know that Illinois uses an “income shares” model to determine child support obligations. What this means is that the court looks at both parents’ incomes to determine the total child support obligation, and then assigns a portion of that obligation to each of the parents based on their individual incomes and other factors. Yet even when most parents understand how the child support system works, they might not realize that Illinois courts can also require parents to pay for certain [college education expenses](https://familylawadvocate.com/articles/college-expenses/) for an adult child. If the court makes a decision about the division of marital property and child support, it can also make a decision about education expenses.

Yet even if the parties enter into a [divorce settlement](https://familylawadvocate.com/divorce/) and reach an agreement about all financial issues, the parties will need to pay attention to the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050K513.htm) (IMDMA) and how it handles college education expenses. While the parties ultimately may reach a divorce settlement that does not include college expenses for the children from the marriage, the fact that the IMDMA allows the court to award these expenses provides a parent who is seeking college expenses to negotiate for them in a divorce settlement.

**When a Parent Wants College Education Expenses As Part of the Divorce Settlement**

If one parent wants college education expenses as part of the divorce settlement, that parent can rely on the language of the IMDMA, which states that “the court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties.”

A parent who is negotiating for the other parent to pay the child’s college education expenses can refer to the particular sums the IMDMA sees parents as potentially responsible for paying. The statute defines educational expenses as including, but not limited to, the following:

- Tuition and fees, if tuition and fees do not “exceed the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year”
- Housing expenses costs, if they do not cost more than a double-occupancy student room, along with a standard meal plan, at the University of Illinois at Urbana-Champaign
- Medical expenses, including medical insurance and dental expenses
- Living expenses during the academic year and during academic recesses; and
- Books and supplies the child needs to attend college

**When Parents Do Not Seek College Expenses in a Settlement?**

If spouses enter a divorce settlement in which they negotiate the terms through family mediation, for example, neither parent ultimately may be responsible for contributing to a non-minor child’s college expenses.

**Contact Our Chicago Divorce Attorneys**

If you have questions about negotiating an Illinois divorce settlement, or how Illinois law handles college expenses in a divorce case, our Chicago divorce lawyers can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist you.

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**Categories:** Divorce Attorney

**Tags:** college expenses, Divorce

---

### [Can My Ex Get Part Of My Social Security Income If We Divorce?](https://familylawadvocate.com/can-my-ex-get-part-of-my-social-security-income-if-we-divorce/)

**Published:** January 27, 2021
**Author:** familylawadvocate

**Content:**

**Can My Ex Get Part of My Social Security Income If We Divorce?**

**By: Gordon & Perlut, LLC**

## Protecting Social Security Income

If you are planning to file for [divorce](https://familylawadvocate.com/divorce/) in the Chicago area and you are nearing retirement age, you likely have questions and concerns about your retirement benefits and your Social Security income. Planning for retirement when you are also planning for a divorce can be complicated and frustrating, and it can be upsetting to learn that certain retirement assets are likely to be classified as marital property under Illinois law and to be divided between you and your spouse as part of [property division](https://familylawadvocate.com/divorce/property-division/) — even if your spouse never worked during your marriage. For many Chicago area residents, another important element of retirement planning is Social Security income.

Can your ex-spouse get part of your Social Security income if you divorce? Not that will affect your payments, but you should know when your ex can claim under your work history. An experienced Chicago area divorce attorney can provide you with information based on the details of your case. However, we want to tell you more about situations in which an ex-spouse can claim Social Security income following a Chicago area divorce.

**Divorced Ex-Spouses May Be Able to Claim Social Security Income Benefits**

According to the [Social Security Administration](https://www.ssa.gov/benefits/retirement/planner/applying7.html#h4) (SSA), you should know your ex-spouse may be able to obtain Social Security benefits based on your work record if the following are true:

- You were married to your ex-spouse for 10 years or more
- Your ex-spouse is currently unmarried
- Your ex-spouse is seeking benefits at 62 or older
- Your ex-spouse’s Social Security income — based on your ex-spouse’s work record — would be less than what your ex-spouse would receive based on your work record; and
- You are currently eligible to receive Social Security retirement income or disability benefits.

Your ex-spouse can be eligible to receive Social Security benefits based on your work record regardless of whether you remarry. If your ex-spouse remarries, your ex typically can still be eligible to receive Social Security income based on your work record if your ex-spouse’s marriage ends by divorce, death (of the ex’s new spouse), or annulment.

**How Much of My Social Security Income Can My Ex-Spouse Receive?**

If your ex-spouse is likely to be able to seek Social Security income based on your work record, you are probably wondering how much she or he will be able to claim. The amount your spouse receives will depend on a few different factors. Most immediately, if your spouse works while she or he is receiving benefits, then work income can affect Social Security payments. The amount of the benefit will also depend on your ex-spouse’s age. But most importantly, you should know that the SSA makes clear that “the amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.”

**Contact a Chicago Divorce Attorney for Assistance in Protecting Your Social Security Income**

If you have concerns about the division of retirement benefits in your divorce, or if you have questions about how Social Security benefits and other types of benefits are distributed in a divorce case, one of our experienced Chicago divorce attorneys can speak with you today. Do not hesitate to get in touch with one of the lawyers at our firm. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce Attorney

**Tags:** Divorce, estate planning, social security income

---

### [How Do I Get Child Support Modification in Illinois?](https://familylawadvocate.com/how-do-i-get-child-support-modification-in-illinois/)

**Published:** January 6, 2021
**Author:** familylawadvocate

**Content:**

**How Do I Get Child Support Modification in Illinois?**

**By: Gordon & Perlut, LLC**

If you are currently paying or receiving child support following a divorce or a separation from your child’s other parent, there are various reasons that you might want to seek a [child support modification in Illinois](https://familylawadvocate.com/divorce/child-support/). In some cases, a parent will want to seek a modification because she or he cannot pay the full amount of child support that the court determined in the child support obligation due to a loss of a job or a change in job status.

In other cases, a parent might learn that the other parent recently received a major promotion that means he/she now should be paying significantly more toward the total child support obligation each month. Regardless of the motivation for wanting a child support modification, how do you go about getting one? The following are ways to get a child support modification in Illinois.

**Show That a Substantial Change in Circumstances Has Occurred**

If you want to modify child support in Cook County, you will need to ask the court to make the modification. The first way to get a child support modification according to the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)) is to show the court a substantial change in circumstances has occurred. The IMDMA does not provide specific examples of what constitutes a substantial change in circumstances, but the changed circumstances cannot be inconsequential or temporary if you want the court to change the child support order. Examples of a substantial change in circumstances may include:

- Parent lost his or her job;
- Parent involuntarily was demoted or had to take a significant pay cut;
- Parent got a promotion that comes with a significant pay raise;
- Parent suffered an illness or injury that has left the parent disabled and relying on SSD benefits; or
- Parent sustained an injury or illness at work that has left the parent relying on workers’ compensation benefits that replace only a percentage of his or her former wages prior to the accident or illness.

**Show an Inconsistency Between Child Support Amount and Guidelines**

If you can show an inconsistency of at least 20 percent, but no less than $10 per month, between the total child support amount and the guidelines amount, the court can modify the child support order. However, if the court originally made clear that it was deviating from the guidelines and no substantial change in circumstances has occurred since the court clarified that it was deviating from the guidelines, then this type of inconsistency may not result in a modification.

**Show Child Has Health Care Needs**

If you can show that there is a need to provide for the health care needs of the child, and those needs were not originally considered in the child support order, you can ask the court to modify child support.

**Contact a Chicago Child Support Lawyer**

Do you need assistance modifying a child support order in or around Chicago? One of our experienced Chicago child support attorneys can help you with a modification. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about your eligibility to seek a child support modification and to get started on your case.

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**Categories:** Chicago Child Support Lawyers

**Tags:** child support modification

---

### [Common Complications in Chicago Area Asset Division](https://familylawadvocate.com/common-complications-in-chicago-area-asset-division/)

**Published:** December 17, 2020
**Author:** familylawadvocate

**Content:**

**Common Complications in Chicago Area Asset Division**

**By: Gordon & Perlut, LLC**

[Dividing marital assets](https://familylawadvocate.com/divorce/property-division/) in a Chicago area divorce can be overly complicated in certain circumstances. In all divorce cases, the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA) governs issues of property division. Under Illinois law, during a divorce property is divided according to the rule of [equitable distribution](https://familylawadvocate.com/divorce/property-division/). This means the courts divide property in a manner that is fair to both spouses.

It is important to understand that “equitable” does not mean equal, but rather means fair. In dividing property in an equitable manner, the court considers many different factors and considers specific factors in each case. However, in many divorces, [complications arise as the court is dividing marital property](https://familylawadvocate.com/do-we-need-to-get-divorced-to-have-the-court-divide-our-property/). The following are common complications that can arise during asset division in a Chicago area divorce.

**Property is Commingled**

Commingled property is one of the most common complications that can arise in asset division during a Chicago area divorce. What is commingled property? It is property that has characteristics of both separate (“non-marital”) property (which is not divisible) and marital property (which is divisible). In other words, it is property in which separate assets have been mixed with marital assets.

How does this happen? It is more common than you might think. For example, one of the spouses might have a savings account they opened prior to the marriage, and they might dip into that savings account to put a down payment on a home they and their new spouse plan to purchase. Over the course of their marriage, they make mortgage payments and pay for home improvements with marital assets. By the time one of them files for divorce, that marital home has become an example of commingled property.

**Property is Complicated or Difficult to Value**

Some types of property can be difficult to value without assistance from an expert appraiser. High-value assets that are uncommon, or that have frequently fluctuating market values, can pose complications when it comes to the equitable distribution of marital assets. For example, art can fluctuate significantly in market value over time, and it is often necessary to work with an appraiser who can provide clear information about recent auction estimates and the ways in which the market value of the sculpture or painting has shifted over time.

**Some Assets Have Been Hidden or Concealed**

When one spouse attempts to hide marital assets to avoid having them distributed in a divorce, the case can become quite complicated. In such scenarios, it is often necessary to bring a forensic accountant onto your divorce team to locate any hidden assets and to help ensure all property is accurately accounted for and distributed in your divorce case.

**Seek Advice from a Chicago Area Asset Division Attorney**

Going through a divorce is difficult under any circumstances, but it can be particularly complicated when you have complex assets to divide. If you need assistance with your divorce case, one of the experienced [Chicago asset division lawyers](https://familylawadvocate.com/contact-us/) at our firm can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide in the Chicago area.

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**Categories:** Asset Division Attorney

**Tags:** asset division in divorce

---

### [Study Addresses Long-Term Effects of Divorce on Kids](https://familylawadvocate.com/study-addresses-long-term-effects-of-divorce-on-kids/)

**Published:** November 18, 2020
**Author:** familylawadvocate

**Content:**

**Study Addresses Long-Term Effect of Divorce on Kids**

**By: Gordon & Perlut, LLC**

Does [divorce](https://familylawadvocate.com/divorce/) have long-term effects on children, even once those kids reach adulthood? According to a recent study conducted by researchers at [Baylor University](https://www.baylor.edu/mediacommunications/news.php?action=story&story=220145), individuals who were in their childhood when their parents were divorced showed lower levels of oxytocin, often referred to as a ‘love hormone’ when they were older than those whose parents stayed together. The study was designed to investigate why adult kids of divorced parents have difficulty forming attachments when they are older. How reliable is the study, and what implications could it have for divorce in the meantime?

**Oxytocin Levels Impacted by Early Life Experiences**

The recent study out of Baylor University was published in the Journal of Comparative Psychology. As the news release from Baylor points out, the study dives into a potential link between oxytocin, childhood experience, and adult outcomes. Dr. Maria Boccia, the lead author of the study, emphasized that many studies investigating the effects of divorce on children tend to focus on shorter-term effects, such as a child’s academic performance in school.

Studies that have attempted to address the long-term effects of divorce have largely studied the effects divorce can have on an adult child’s relationships. The Baylor study is attempting to study something a little bit different. Rather than exploring the effects of divorce on a child’s relationships later in life, the new study seeks to determine “how divorce causes these effects.”

**Oxytocin Levels Are Lower in Adults Whose Parents Divorced When They Were Young**

As Boccia explained in the study, oxytocin is a hormone necessary to regulate these behaviors and is also affected by stressful events in the early stages of life. Boccia underscored that the study could be an initial step in understanding what systems could be involved in impacting a child’s oxytocin levels, and the role divorce plays.

The new study involved 128 subjects between the ages of 18 and 62 years old. Of the subjects, nearly 30 percent of them had parents who divorced when they were young, with an average age of 9 at the time of divorce. The researchers found that oxytocin levels were decreased in those whose parents divorced during their childhood. Boccia emphasized that more research needs to be conducted, including follow-up investigations into whether the child’s specific age at the time of the divorce makes a difference.

**Seek Advice from a Chicago area Divorce Attorney**

For many couples, it may not make sense to avoid divorce simply because you have children who could be affected by the dissolution of marriage. In general, it can often be more damaging for children who grow up with married parents who are in an untenable marriage than children who grow up with divorced parents who are both working to make the family situation work after a divorce. You should be aware that divorce can have both short-term and long-term effects on your children. If you have questions about the divorce process in Illinois, or if you want to begin taking steps to file for divorce, one of our experienced [Chicago divorce lawyers](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to get started on your case.

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**Categories:** Divorce Attorney

**Tags:** Chicago Divorce Lawyer, long-term effects of divorce

---

### [How Do Premarital Agreements Impact Divorces?](https://familylawadvocate.com/how-do-premarital-agreements-impact-divorces-in-chicago/)

**Published:** October 8, 2020
**Author:** familylawadvocate

**Content:**

**How Do Premarital Agreements Impact Divorces?**

**By: Gordon & Perlut, LLC**

If you have a premarital agreement ([750 ILCS 10/1](https://www.ilga.gov/legislation/ILCS/ilcs3.asp?ActID=2087&ChapterID=59)) in place with your spouse and you are planning to [file for divorce](https://familylawadvocate.com/divorce/), you may be wondering how the agreement will impact your case? If you are working with the same family lawyer who represented you at the time you signed the premarital agreement, the impact of that agreement might be more straightforward.

However, for most married couples in the, their premarital agreement was a document they signed years or even decades ago, and both spouses had entirely different counsel then, making it difficult to know with certainty what to expect when it comes to your premarital agreement and your divorce.

While you should always have an experienced[ divorce attorney](https://familylawadvocate.com/divorce/) evaluate your case and provide you with detailed answers based on your specific circumstances, we can provide information about the potential impact a premarital agreement can have in your divorce case.

**Any Agreements Concerning Child Support Will Not Be Upheld**

Like other states, Illinois does not allow parties to agree to any modification or elimination of child support – such a provision will not be upheld.

**Classification of Property May or May Not Be Enforceable**

Parties often enter into premarital agreements to clarify, in the event of divorce, whether certain property will be excluded from the classification of marital property (and thus whether certain property will *not* be divided in a divorce). For example, spouses might enter into an agreement that all interest earned from spouse #1’s investments during the marriage will remain separate property and will not be subject to division if the parties get divorced.

Generally speaking, the [Illinois Uniform Premarital Agreement Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087) allows parties to enter into agreements about a wide variety of financial issues, including “the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.” However, there are a handful of reasons that could result in such an agreement being invalidated. According to the statute, the following could invalidate an agreement about the classification of separate and marital property:

- Marriage is determined to be void (i.e., the marriage was not legal in the first place);
- One of the parties did not voluntarily execute the agreement; and/or
- Agreement is unconscionable because one of the parties did not receive “a fair and reasonable disclosure of the property or financial obligations of the other party,” that party did not voluntarily and expressly waive a right to disclosure of that information, and that party did not or reasonably could not have had the necessary information.

**Waiver of Right to Spouse Support or Maintenance May or May Not Be Enforceable**

Parties can agree to waive spousal support in a premarital agreement, and it can be upheld. However, there are some situations where a court will not uphold this type of agreement. First, if any of the above reasons for invalidating the agreement exist, the agreement to waive spousal support will not be enforced. Second, under Illinois law, if the premarital agreement eliminates spousal support and that elimination “Causes one party to the agreement undue hardship in light of the circumstances not reasonably foreseeable at the time of the execution of the agreement,” then the court can decide not to enforce it.

**Choice of Law Provisions Could Govern Where Your Divorce Case is Heard**

Parties can agree to a choice of law provision, and that choice of law provision can be upheld. In other words, the premarital agreement can determine where the case is heard and under what statute it will be reviewed.

**Contact a Divorce Lawyer**

If you have questions about premarital agreements and your divorce, a[ divorce attorney](https://familylawadvocate.com/contact-us/) can help.[ Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about our services.

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**Categories:** Premarital Agreement

---

### [Why Should I Establish Paternity?](https://familylawadvocate.com/why-should-i-establish-paternity/)

**Published:** November 11, 2020
**Author:** familylawadvocate

**Content:**

**Why Should I Establish Paternity?**

**By: Gordon & Perlut, LLC**

Whether you are a parent (or you believe you are a biological parent), or you are an adult child and do not have legal proof of paternity, you might be thinking about [establishing paternity](https://familylawadvocate.com/family-law/). Establishing paternity is important, depending upon who you are — a parent, a possible parent, or a child.

If you are seeking to establish paternity in the Chicago area, you should know up front that paternity issues are governed by the [Illinois Parentage Act of 2015](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59). The following are just some of the reasons it may be important to establish paternity.

**You Need to Move Forward with Child Support Collections**

Under Illinois law, both parents of a child are responsible for contributing to a total child support obligation. Since Illinois uses the “income shares” model to determine the appropriate amount of child support for a particular child, the court will combine the incomes of both parents and will use that total figure to look at the appropriate amount of child support to be given each month, based on state guidelines and the total number of children. Next, the court will consider a variety of factors to figure out which portion of that child support obligation each of the parents will be responsible for paying.

If your child does not have a legal father and you need to seek child support, it will be critical to establish paternity. Without establishing paternity, you may not have any legal grounds for pursuing a child support action.

**You Want to Seek Parental Responsibilities**

In most circumstances, if you want to be eligible to allocate parental responsibilities (i.e., child custody), you will need to be recognized as the legal parent of the child. If you believe you are the biological father of a child, but paternity has not been established, it will be necessary to take steps to establish paternity under Illinois law. If you do not establish paternity in this circumstance, you will be ineligible for parental responsibilities, including significant decision-making responsibilities and parenting time.

**You Want to Be Eligible for Your Parent’s Benefits**

If you are an adult child but you do not have a legal father according to Illinois law, and you could be eligible for certain benefits through your legal parent, it is essential to establish paternity in order to prove you are eligible for those benefits. Examples of benefits may include Social Security benefits or certain types of insurance.

**You Want to Know About Your Identity**

Whether you simply want to know who your legal father is in order to trace back your family history and to learn more about your own identity, or you need information about genetic issues pertaining to your health, you may need to establish paternity.

**Contact a Paternity Lawyer in the Chicago area**

The process of establishing paternity can be complex, and it typically requires at least one court appearance (although situations can vary depending upon the particular facts of any given case). If you are in any of the above situations, it may be necessary, or at least be in your benefit, to establish paternity. A [Chicago paternity lawyer](https://familylawadvocate.com/contact-us/) can speak with you about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Paternity Rights in Chicago

**Tags:** chicago divorce attorney, paternity

---

### [Will I Be Responsible for Child Support If I Am Not Working?](https://familylawadvocate.com/will-i-be-responsible-for-child-support-if-i-am-not-working/)

**Published:** November 4, 2020
**Author:** familylawadvocate

**Content:**

**Will I Be Responsible for Child Support If I Am Not Working?**

**By: Gordon & Perlut, LLC**

In Illinois, parents have a duty to provide financial support for their children. Relatively recent changes to [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) resulted in a move to the “income shares” model for [child support](https://familylawadvocate.com/divorce/child-support/), where both parents’ incomes are taken into account by the court when determining the total amount of child support obligation between both parents.

Then, the court decides what portion of the total child support obligation each parent will pay, based on the individual parent’s income, amount of parenting time, total number of overnights with the child, and other factors. However, circumstances can change, and one parent might not be able to contribute that amount of child support in the future.

There are a variety of reasons a parent with minor children might not be able to work, such as a job loss to an illness or disability. When a parent is responsible for child support under Illinois law, it is important to understand options for handling child support payments during a time when you may not be earning an income. We want to provide you with some points to consider when determining whether you will be responsible for child support if you are not working.

**Did You Voluntarily Quit Your Job to Avoid the Child Support Obligation?**

When you are trying to determine whether you will be responsible for child support if you are not working, the first question you will need to contend with is whether you are unemployed voluntarily (by your own choice). More specifically, [Illinois courts](https://courts.illinois.gov/R23_Orders/AppellateCourt/2012/3rdDistrict/3100753_R23.pdf) have determined that if any of the following are true, the court may be able to impute income:

- You quit your job voluntarily;
- You took a lower-paying job or left your position for the purposes of avoiding your child support obligation, or
- You have turned down job opportunities while unemployed.

What is imputing income? It means the court will look at the amount of money you would have made if you had not voluntarily left your job or turned down a job offer, and the court will say you are obligated to pay your portion of the child support obligation based on that amount of income.

**Are You Eligible to Have Your Child Support Order Modified?**

If the above situations are not applicable to you, and you are currently not working due to a job loss or disability, then you will need to talk with a lawyer about modifying your child support obligation. In order to modify child support, the parent seeking the modification must be able to show there has been “a substantial change in circumstances.”

Ivery important to remember that until you file a Petition to modify your child support order, you will be responsible for paying your portion of the child support obligation.

**Contact a Chicago area Child Support Lawyer**

If you have any questions about your child support obligation or requirements according to Illinois law, you should get in touch with a [Chicago child support lawyer](https://familylawadvocate.com/contact-us/) as soon as possible. If you have lost your job or have become unable to work due to illness or injury, it is critical you seek legal advice before you simply stop making child support payments. Our firm can discuss possibilities for modifying the child support obligation. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Child Support Attorney

---

### [How Can I Modify Parenting Time Around the Holidays?](https://familylawadvocate.com/how-can-i-modify-parenting-time-around-the-holidays/)

**Published:** October 28, 2020
**Author:** familylawadvocate

**Content:**

**How Can I Modify Parenting Time Around the Holidays?**

**By: Gordon & Perlut, LLC**

As the holiday season approaches and parents make plans with extended family and friends, it can be frustrating when you realize your existing parenting plan, or the allocation of [parenting time](https://familylawadvocate.com/divorce/visitation/), does not allow you to make the plans you were hoping to make. Figuring out a way to work out a parenting time schedule with your child’s other parent around the holidays can be difficult — and sometimes may feel impossible — even for parents that are doing a relatively good job with co-parenting. If you do want to modify parenting time around the holidays, do you have any options?

**Showing of a Substantial Change in Circumstances**

Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm) (IMDMA), parents can modify an existing allocation judgment (or custody judgment), including significant decision-making responsibilities or parenting time, when the parent seeking the modification can prove there has been a substantial change in circumstances. The IMDMA does not expressly define what kinds of situations may constitute a substantial change in circumstances, but typically, the parent seeking the modification will need to prove something has significantly changed. To be clear, a mere shift in a work schedule over the holidays or finding out about the opportunity to take a family trip that would disrupt the existing parenting time arrangement, would not constitute a substantial change in circumstances in order to modify an existing judgment.

If you do not have a substantial change in circumstances to modify your parenting time schedule or arrangement, do you have any other options? In some scenarios, the IMDMA permits a court to modify the parenting time arrangement — even if there has not been a substantial change in circumstances.

**Modifying Parenting Time Without a Substantial Change in Circumstances**

If your parenting time schedule states you have your child every other year in December for the holiday break and the child’s other parent has the child during the other year (in other words, on a rotating basis), you might want to alter that arrangement because your job now requires you to spend a portion of the holiday season working. As such, you might want to change the arrangement so you can always spend your full December vacation days every year during a portion of the children’s school break, which you must take consecutively, with your child. Or perhaps your parents purchased a holiday vacation home, and you want your child to spend Christmas this year, and in every subsequent year, with grandparents and other extended family in the vacation home.

No matter what the circumstances might be, the court can allow a modification to a parenting time arrangement without a substantial modification if:

To be clear, if a holiday parenting time modification is in the child’s best interests and the other parent agrees, or it is a minor modification, you might be able to change the parenting time arrangement.

- Modification is in the child’s best interests; and
- Modification reflects the actual arrangements that have been ongoing, or the modification constitutes a minor modification, or the modification is necessary — due to circumstances the court was not initially aware of, or the parents agree to the modification.

**Contact a Parenting Time Attorney in the Chicago area**

You might be able to modify your parenting time arrangement during the holiday season under Illinois law, but it will be critical to speak with an experienced [Chicago parenting time lawyer](https://familylawadvocate.com/contact-us/) about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce Attorney

---

### [Report Addresses Divorce and Retirement Benefits](https://familylawadvocate.com/report-addresses-divorce-and-retirement-benefits/)

**Published:** October 21, 2020
**Author:** familylawadvocate

**Content:**

**Report Addresses Divorce and Retirement Benefits**

**By: Gordon & Perlut, LLC**

If you are going through a[ divorce](https://familylawadvocate.com/divorce/), plan to file for divorce in the near future, or if you have recently finalized your divorce, you should know you may be entitled to some of your spouse’s retirement benefits.

While this point might seem obvious for some married couples, many spouses who go through divorces in the U.S. do not take advantage of their legal ability to obtain retirement benefits from their spouse. As a result, spouses who do not have retirement benefits could end up struggling in their later years after a[Chicago area divorce](https://familylawadvocate.com/divorce/).

A[retirement security report](https://www.gao.gov/assets/710/708566.pdf)issued by the U.S. Government Accountability Office (GAO) in July 2020 emphasized the U.S. Department of Labor (DOL) “could better inform divorcing parties about dividing savings.” We want to discuss the report and its implications for anyone who is planning on divorce in Chicago.

**Many Divorce but Few Receive Retirement Benefits**

According to the GAO report, “although more than one-third of adults aged 50 or older have experienced divorce, few people seek and obtain a Qualified Domestic Relations Order (QDRO)” in order to obtain retirement benefits from the other spouse. Depending upon the type of retirement plan a person has, a QDRO can allow one party to obtain retirement assets from the other party’s account (without paying the usual 10 percent penalty).

First, many people simply do not seek retirement benefits from their spouse in a divorce case because the prospect of seeking a QDRO seems too complicated and often too expensive. Second, for those who seek a QDRO in order to obtain certain types of retirement benefits, their claims are denied. The report indicates that approximately one-third (1/3) of the parties who did seek retirement benefits from pensions through a QDRO after filing for divorce lost their claims to those benefits.

**Having an Attorney on Your Side Makes a Big Difference**

Why are so few people not obtaining retirement benefits? In short, many people who are seeking retirement benefits or who seek QDROs and lose their claims do not have assistance from an experienced attorney. The report underscores that people with lower incomes, as well as people who simply elect not to hire an attorney, “face challenges successfully navigating the process for obtaining a QDRO, including complexity and cost.”

The findings in the report highlight the need to raise awareness about retirement benefits and access in a divorce, and ultimately the need to have a lawyer on your side who can ensure you receive the benefits to which you are entitled.

**Contact a Chicago Area Divorce Attorney**

Determining your rights both during and after a divorce can be complicated It is critical to have an experienced[Chicago area divorce lawyer](https://familylawadvocate.com/contact-us/)on your side throughout your case. If you have any questions about benefits to which you may be entitled, or your options for obtaining retirement funds through your spouse’s employment, you should speak with one of the family law attorneys at our firm.[Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)today for more information about benefits and divorce in Illinois.

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**Categories:** Divorce Attorney

---

### [How Does a Retirement Distribution Work in a Divorce?](https://familylawadvocate.com/how-does-a-retirement-distribution-work-in-a-divorce/)

**Published:** October 14, 2020
**Author:** familylawadvocate

**Content:**

**How Does a Retirement Distribution Work in a Divorce?**

**By: Gordon & Perlut, LLC**

When you are going through a divorce in the Chicago area, retirement benefits may be one of the types of property you may need to think about when it comes to the[ distribution of marital assets](https://familylawadvocate.com/divorce/property-division/). Many spouses have some type of retirement benefits, so chances are good that at least some of those retirement benefits were earned during the marriage.

Accordingly, unless those benefits have been expressly excluded from property division through a premarital or postnuptial agreement, the court will need to determine what a[retirement distribution](https://familylawadvocate.com/divorce/property-division/)will look like.

In general, the[Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59)(IMDMA) will govern most issues pertaining to retirement distributions. The following are key pieces of information designed to help you understand how a retirement distribution works in a divorce.

**Retirement Benefits Will Be Classified as either Separate or Marital Property**

The first thing to know is retirement accounts will need to be classified as marital or separate property. Only retirement benefits classified as marital property will be subject to distribution in the divorce. You may wonder – how can you know how the court will classify your retirement accounts? For the most part, any retirement benefits earned after the date of marriage will be classified as marital property – unless a previous agreement stipulated they will not be subject to division.

You might be wondering – what will happen if my retirement accounts include assets I earned before and after the marriage? This is a common occurrence, and the court will typically separate out the amount in the account(s) that is marital property, and only the marital portion of the account(s) will be distributed.

**Courts Will Distribute Retirement Benefits Based on Equitable Distribution**

The IMDMA requires marital assets and debts to be distributed between the spouses according to “equitable distribution.” This does not mean property is divided equally, but instead, it is divided in a way that is fair to both spouses. The court will consider a wide variety of statutory factors to determine how retirement benefits, along with other marital property, will be divided in such a way as to be fair to both spouses.

**QDRO Will Allow Benefits to Be Distributed Without Penalty**

If the court determines a portion of one spouse’s retirement account should be distributed to the other spouse, a Qualified Domestic Relations Order (QDRO) will allow those benefits to be distributed without the spouse named on the account incurring a penalty. Typically, an early withdrawal of retirement money will incur a 10 percent penalty. If the money is distributed to the other spouse and goes directly into that spouse’s retirement account, there will be no penalty, and taxes will not need to be paid at that point. If the spouse receiving the retirement distribution does not have it deposited into his/her retirement account, the parties can still avoid the 10 percent penalty (if properly handled), but the distribution will be taxed.

**Contact a Chicago Area Retirement Distribution Lawyer**

Do you need advice about retirement distributions in a divorce? An experienced[Chicago property division attorney](https://familylawadvocate.com/contact-us/)can assist you.[Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)to learn more about how we can help you with your divorce.

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**Categories:** Retirement Distribution

---

### [What Should I Do About Spousal Support If I Lost My Job?](https://familylawadvocate.com/what-should-i-do-about-spousal-support-if-i-lost-my-job/)

**Published:** September 17, 2020
**Author:** familylawadvocate

**Content:**

**What Should I Do About Spousal Support If I Lost My Job?**

**By: Gordon & Perlut, LLC**

During a divorce in Chicago, many parties seek [spousal support](https://familylawadvocate.com/maintenance-aka-alimony/) or alimony, also known as [spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/). Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm) (IMDMA), when one of the parties requests spousal support, the court must first determine whether spousal support is appropriate in that particular case. The process of deciding whether a spouse should receive support occurs on a case-by-case basis, with the court considering many different facts pertaining to the married couple getting divorced.

Whether or not the court does award spousal support when the divorce is finalized, both parties often want to move forward with their lives. Yet in situations where spousal maintenance is awarded and one of the parties experiences a significant change in financial circumstances, that party may need to modify spousal support. If one of the spouses loses his/her job, it may be necessary to modify the spousal support order.

**Modifying Spousal Support Due to a Substantial Change in Circumstances**

The IMDMA permits spousal support orders to be modified only if the party seeking to modify can prove there has been a substantial change in circumstances and the prior support order did prohibit a change. While the definition of a “substantial change in circumstances” is not clarified absolutely in the statute, the following are examples that may meet the definition:

- Change in either spouse’s income;
- Change in either party’s health;
- Either party becomes disabled;
- Receiving party fails to take steps to become self-sufficient; or
- Change in either party’s assets.

In most situations, job loss will constitute a substantial change in circumstances and will allow for a modification.

**When the Paying Spouse Loses His/Her Job**

If the spouse who pays spousal support loses his/her job and cannot make spousal maintenance payments, that spouse will need to file a petition to modify spousal maintenance. Typically, a job loss of the paying spouse will be considered a substantial change in circumstances if the spouse did not quit his/her job for the sole purpose of avoiding spousal support payments. The court will also likely expect that spouse to seek alternate employment.

**When the Receiving Spouse Loses His/Her Job**

If the receiving spouse loses his/her job, that spouse also might be able to modify the spousal support order to receive additional money for a period of time. However, the court will not modify the order if there is evidence the spouse quit his/her job in order to receive additional maintenance and failing to seek alternate employment could put that spouse’s maintenance payments at risk altogether.

**Contact a Spousal Support Attorney in the Chicago area**

When the need arises to modify spousal support, the process ahead can feel daunting. For many spouses who petition for a spousal support modification, the need arises from a job loss. It is important to discuss the particular facts of your case with a Chicago area spousal support lawyer to determine whether the changes you have recently experienced are likely to qualify as a “substantial change in circumstances” under Illinois law. If so, you may be able to ask the court to modify spousal support. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with one of our divorce lawyers about getting this process started.

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**Categories:** Spousal Support Attorney

---

### [Fathers’ Rights and Needs During a Divorce: Considering Self-Care](https://familylawadvocate.com/fathers-rights-and-needs-during-a-divorce-considering-self-care/)

**Published:** September 10, 2020
**Author:** familylawadvocate

**Content:**

**Fathers’ Rights and Needs During a Divorce: Considering Self-Care**

**By: Gordon & Perlut, LLC**

Many discussions concerning [fathers’ rights in a divorce case](https://familylawadvocate.com/fathers-rights/) often revolve around a father’s ability to co-parent, or a father’s ability to share parental responsibilities, including significant decision-making responsibilities and parenting time.

Illinois divorce and family laws largely have become more egalitarian when it comes to issues of gender inequality and gender-based assumptions regarding divorcing parents. For example, a Chicago area court will never give preference to the child’s mother solely because she is the mother. However, despite the fact mothers and fathers, or men and women, are treated more equally by family law courts in child custody cases, many psychology studies and focuses on parental rights and needs still largely focus on how women can maintain their parental rights while taking care of themselves during a difficult divorce and child custody case. When it comes to matters of self-care, it is also important for fathers to think about their parental rights and needs.

Of course, when the court is making decisions about the allocation of parental responsibilities, it will focus on what is in the best interests of the child. Parent’s needs are not listed as a factor to be considered under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) (although the wishes of the parents can be taken into account). However, when fathers are advocating for their parental rights in court or family mediation, they should also be thinking about self-care matters that help to make them better parents during and after a difficult child custody case.

**Communication and Cooperation Can Be Key**

According to the [American Psychology Association](https://www.apa.org/topics/healthy-divorce) (APA), communication and cooperation are key elements of a both successful child custody cases and co-parenting situations once a divorce is finalized. These elements can also help keep stress and anxiety levels low during a complicated or contentious child custody case. By focusing on cooperation and communication strategies, a father who is going through a divorce may also be able to improve the relationship with the other parent, which benefits the child once an allocation judgment is issued.

**Thinking About Your Own Health**

It is important for fathers to remember that health during a child custody case is not just about physical health. While physical health is certainly necessary and the APA emphasizes parents should “stay physically healthy by eating right and getting exercise,” fathers should also focus on their emotional and psychological needs during a child custody case.

Fathers should stay involved with activities they enjoy and should consider joining support groups or speaking to friends and family members about the emotional toll of the divorce. It’s also good advice to consider seeing a psychologist.

**Contact a Fathers’ Rights Lawyer in the Chicago area**

Going through a complex child custody case is difficult for any father, and it is critical to have experienced legal representation on your side. One of the dedicated [Chicago fathers’ rights attorneys](https://familylawadvocate.com/contact-us/) at our firm can talk with you today about your case and can discuss representation in your child custody matter. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist you.

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**Categories:** Fathers' Rights

---

### [Am I Eligible for a Joint Simplified Divorce?](https://familylawadvocate.com/am-i-eligible-for-a-joint-simplified-divorce/)

**Published:** August 31, 2020
**Author:** familylawadvocate

**Content:**

**Am I Eligible for a Joint Simplified Divorce?**

**By: Gordon & Perlut, LLC**

When spouses want a cost-efficient and quick [divorce](https://familylawadvocate.com/divorce/), they often look for options to speed up the divorce process. If you run internet searches for “fast divorce” or “quick [divorce in Chicago](https://familylawadvocate.com/divorce/),” you will likely find information about uncontested divorce proceedings and joint simplified divorces.

To have an uncontested divorce, you do not need to meet any eligibility requirements other than the residency requirements for any divorce in Illinois under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV%2DA&ActID=2086&ChapterID=59&SeqStart=5300000&SeqEnd=6100000) (IMDMA), and the requirement that you and your spouse have reached an agreement about all issues or disputes arising out of the divorce. Many couples that begin with a contested divorce — where spouses do not agree on one or more issues — ultimately can have an uncontested divorce with the help of family mediation or negotiation techniques.

However, joint simplified divorce is something much different. It is still a way of getting divorce, but there are many different eligibility requirements you must meet, and most spouses likely will not be eligible for a joint simplified divorce. The following are just some of the questions you should ask yourself to determine your eligibility for a joint simplified divorce.

**Do You Have Children from Your Marriage?**

If you have children from the marriage, either adopted or biological, or if a spouse is currently pregnant, the parties are ineligible for a joint simplified divorce.

**Does Either Spouse Have an Interest in Real Property?**

You cannot own any interest in real property. In other words, if you and your spouse bought a house, you cannot get a joint simplified divorce.

**Do You Have Retirement Accounts Worth $10,000 or More?**

If either spouse has a retirement account (or more than one retirement account), those combined accounts cannot be worth $10,000 or more if the parties want a joint simplified divorce.

**Is Either Spouse Dependent on the Other for Support?**

If either spouse is currently dependent upon the other for support, a joint simplified divorce is not possible.

**Do You Own Marital Assets Worth $50,000 or More?**

Any marriage where the parties have assets with a fair market value of $50,000 cannot result in a joint simplified divorce.

**Is Either Party Seeking Spousal Maintenance?**

Neither party can seek spousal maintenance in a joint simplified divorce. In fact, to be eligible for a joint simplified divorce, both parties must have an agreement that neither will seek maintenance.

**Have You Been Married for More Than 8 Years?**

To be eligible for a joint simplified divorce, you cannot have been married for more than eight (8) years.

**Seek Advice from a Divorce Attorney in the Chicago area**

Even if you are not able to have a joint simplified divorce, your case may still move along quickly with an uncontested divorce. Whether you think you may be eligible for a joint simplified divorce or you need assistance with your divorce case, an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) at our firm is here to help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to speak with one of the experienced family lawyers at our firm and to learn more about how we regularly assist clients in Chicago.

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**Categories:** Divorce Lawyer

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### [Do My Spouse and I Need to Live in Separate Homes to Be Eligible for Divorce?](https://familylawadvocate.com/do-my-spouse-and-i-need-to-live-in-separate-homes-to-be-eligible-for-divorce/)

**Published:** August 27, 2020
**Author:** familylawadvocate

**Content:**

**Do My Spouse and I have to Live in Separate Homes to Be Eligible for Divorce?**

**By: Gordon & Perlut, LLC**

When you are making plans to [file for divorce in Chicago](https://familylawadvocate.com/divorce/), it often seems like the best decision for either you or your spouse is to move out of the home you are sharing. In many situations, one of the parties will remain living in the formerly shared home (at least until the divorce case is filed), while the other spouse will find a new house or apartment in the Chicago area.

When spouses who share minor children from the marriage decide to end their relationship, this kind of physical separation can be especially difficult. In families with young children, as well as in households where finances are tight, the spouses might wonder if they can still be eligible to get divorced if they are not actually living in separate properties.

Generally speaking, you must be living “separate and apart” to be eligible for divorce under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), but we will provide you with more information.

**Historical Use of “Separate and Apart” Under Illinois Law**

Back in 2016 and in the years that followed, Illinois divorce law went through some major changes. The IMDMA changed the way it talked about child custody, the state moved to an entirely “no fault” divorce system, and other revisions designed to modernize the law and to make it more flexible for different kinds of families were implemented. Before those legal changes came about, the law required married couples to live “separate and apart” for at least six (6) months and often two (2) years before one of them could be eligible to file for a “no fault” divorce, regardless of whether they had minor children from the marriage.  Yet case law interpreted “separate and apart” to include living under the same roof, as long as there was testimony that the couple stopped living like husband and wife (such as living in separate bedrooms, no longer engaging in sexual relations, etc.).

Currently, if spouses can agree to all elements of their divorce case so they will have what is known as an uncontested divorce, the IMDMA does not require any specific waiting period prior to filing. However, if the divorce is disputed, meaning spouses cannot agree to issues such as property division or the allocation of parental responsibilities, they will typically need to be living “separate and apart” for 6 months, but definition is still as before (in other words, living under the same roof does not necessarily not count towards the 6 month period).

**Understanding the “Separate and Apart” Requirement**

Why do spouses need to live “separate and apart” for six months if they cannot agree to all terms of their divorce? Since Illinois moved away from a fault-based system for divorce, parties can only seek a divorce by pleading that “irreconcilable differences have led to the irretrievable breakdown of the marriage.” In situations where the spouses are not in agreement, the court will need to determine whether the irreconcilable differences requirement has been met. Under the IMDMA, there is a “irrebuttable presumption” that the requirement has been met if the parties are living “separate and apart.”

**Contact Our Chicago area Divorce Lawyers**

Do you have questions about the “separate and apart” requirement? A [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) at our firm can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Should I Plan for Debt Division in My Divorce?](https://familylawadvocate.com/should-i-plan-for-debt-division-in-my-divorce/)

**Published:** August 20, 2020
**Author:** familylawadvocate

**Content:**

**Should I Plan for Debt Division in My Divorce?**

**By: Gordon & Perlut, LLC**

[Getting divorced in the Chicago](https://familylawadvocate.com/divorce/) area often results in various concerns about finances and the division of marital property. Many spouses will become involved in contentious disputes over how marital assets will be divided, including who may be able to keep the marital home. In these kinds of situations, parties are often thinking about marital assets when they are considering how property will be divided.

Accordingly, parties might not always know if they should plan for debt division in a divorce. Under the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), all marital property will be divided in a divorce, including both assets and liabilities. If you are wondering whether you should plan for [debt division](https://familylawadvocate.com/divorce/property-division/) in your divorce, the most important question is whether you have marital debt. We want to say more to help you understand.

**Understanding Property Division — Including Debt, In the Chicago area**

Illinois law requires all property in divorce cases to be classified either as separate (non-marital) or marital property. In most cases, non-marital or separate property includes property acquired prior to the date of the marriage, property acquired as a gift or inheritance during the marriage, or property excluded from division through a valid premarital or postnuptial agreement. When it comes to debt, nobody receives debt as a gift or an inheritance. Accordingly, the only type of debt usually divisible in a divorce is debt acquired after the date of the marriage — unless it is excluded through a premarital or postnuptial agreement.

**Will Debt Be Divided in Your Divorce?**

This answer depends upon whether you have marital debt. If you or your spouse acquired any debt during the marriage, even if it was on a personal credit card that did not include your spouse’s name, that debt will likely still be classified as marital debt and will be subject to division. If you or your spouse went back to school during the marriage and took out student loans, it is important to know who obligated themselves on that student loan debt. However, student loan debt, credit card debt, and other debt accrued prior to the date of your marriage usually will not be divisible.

Rather than wondering whether a particular debt is likely to be divided in your divorce, you should get in touch with a divorce lawyer who can take a closer look at the specific elements of your case to help you understand whether a specific liability is likely to be considered marital or separate property.

**Seek Advice from a Chicago area Divorce Attorney**

All marital debt will be subject to division in your divorce, with certain exceptions. If you have questions or concerns, you should seek advice from an experienced [Chicago area divorce lawyer](https://familylawadvocate.com/contact-us/) as soon as possible. At Gordon & Perlut, LLC, we want to make sure the division of your marital property, including assets and debts, is done equitably and you receive a fair settlement under the law. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with debt division in your divorce.

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**Categories:** Debt Division Attorney

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### [Divorce and Early Retirement Account Withdrawals](https://familylawadvocate.com/divorce-and-early-retirement-account-withdrawals/)

**Published:** July 30, 2020
**Author:** familylawadvocate

**Content:**

**Divorce and Early Retirement Account Withdrawls**

**By: Gordon & Perlut, LLC**

If you are planning to [file for divorce in Chicago](https://familylawadvocate.com/divorce/), or if you are in the early stages of one, you may be wondering how the court will handle your retirement benefits in your [divorce](https://familylawadvocate.com/divorce/). You may have questions about the costs associated with distributing those assets between yourself and your spouse, and you likely have questions about whether such a distribution will be necessary.

According to a [recent study](https://news.umich.edu/divorce-drives-early-withdrawal-from-retirement-accounts/) conducted by economists at the University of Michigan and the University of Delaware, divorces are one of the major driving forces in early retirement withdrawals. We want to discuss the findings of the study and to provide you with more information regarding avoiding penalties associated with early retirement withdrawals in a divorce.

**Divorces Drive People to Dip Into Their Retirement Accounts**

As the study explains, most Americans with retirement accounts have what are known as “defined contribution” plans. With a defined contribution plan, like a 401(k) account or an IRA, an employee contributes a defined portion of his/her paycheck into the account. Many employers match employee contributions up to an amount. A defined contribution plan is different from an employer-funded pension plan, which is known as a “defined benefit” account. With a defined benefit account, the employee is guaranteed an amount of money or income upon retirement. Defined contribution plans give employees more flexibility when it comes to early withdrawals. Yet early withdrawals do typically come with a 10 percent penalty – in addition to having to pay income tax on the amount withdrawn.

While you might think people would dip into their retirement accounts to fund a major purchase or home repair – or even to compensate for a job loss, the rate of using retirement funds in a defined contribution plan is highest for those who are getting divorced. The study determined “divorced households are 9.5 percent more likely to access ‘fast cash’ by cashing in retirement savings,” and those same households are “11.8 percent less likely to continue contributing to a retirement savings plan.” To compare those numbers with households that have recently experienced a job loss, losing a job only increases the chances of withdrawing from a retirement account by about 3.5 percent.

**Retirement Account Withdrawals with a QDRO**

If you are getting divorced and need to withdraw money from a retirement account, you may be able to do so as part of your divorce settlement without paying the 10 percent penalty. When you get divorced, a Qualified Domestic Relations Order (QDRO) can allow you to take out a portion of your retirement benefits to distribute to the other spouse, for example, without paying the 10 percent penalty.

However, if you simply want or need to dip into your retirement account in order to pay for a new home as a result of your separation, or to pay legal fees related to your divorce case, you may need to anticipate that 10 percent penalty. A divorce lawyer can speak with you about your options.

**Contact a Chicago Divorce Lawyer Today**

If you have questions about retirement benefits and your divorce, an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Retirement Distribution

---

### [5 Things to Know About Grandparent Visitation After a Divorce](https://familylawadvocate.com/5-things-to-know-about-grandparent-visitation-after-a-divorce/)

**Published:** July 23, 2020
**Author:** familylawadvocate

**Content:**

**5 Things to Know About Grandparent Visitation After a Divorce**

**By: Gordon & Perlut, LLC**

The matter of [grandparent visitation](https://familylawadvocate.com/divorce/grandparent-visitation/) is often a complex and difficult one for many families after a Chicago divorce. In many cases, the issue of [grandparent visitation after a divorce](https://familylawadvocate.com/divorce/grandparent-visitation/) will arise when a grandparent or set of grandparents is not spending as much time with the child as they were prior to the divorce, and such scenarios often involve one parent wanting to limit the time their child spends with their grandparents. Regardless of the situation that has given rise to a petition for grandparent visitation, it is important to know more about how [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) handles these cases. The following are five things to know about grandparent visitation after a divorce.

1. **1. Illinois Child Custody Laws Changed to Remove Language of “Custody and Visitation,” But the Law Still Recognizes Visitation When It Involves Non-Parents**

Illinois family law and the Illinois Marriage and Dissolution of Marriage Act (IMDMA) used to use the terms “custody” and “visitation” to refer to parental rights after a divorce. Now, those terms have been replaced with “parental responsibilities” and “parenting time.” However, the term “visitation” is still used by Illinois courts when a non-parent asks the court to allow him/her to spend time with a child. Non-parents who seek visitation may include grandparents, step-parents, and siblings.

2. **2. Visitation is Defined as In-Person Time with a Non-Parent

The IMDMA defines visitation as “in-person time spent between a child and the child’s grandparent, great-grandparent, sibling, step-parent, or any other person designated” as a possible non-parent who may be able to seek visitation under Illinois law.

3. **3. There is a Rebuttable Presumption That a Fit Parent’s Actions Are Appropriate**

The IMDMA makes clear that, when a non-parent files a petition for visitation, the non-parent must prove visitation is necessary. In so doing, it is important to recognize there is a rebuttable presumption that a parent’s actions regarding visitation are not harmful to the child’s health.

4. **4. A Grandparent Who is Seeking Visitation Must File a Petition**

To be eligible for visitation under Illinois law, a grandparent seeking visitation must file a petition with the court. Then, the grandparent has the burden “to prove that the parent’s actions and decisions regarding visitation,” or not permitting the grandparent to have visitation, “will cause undue harm to the child’s mental, physical, or emotional health.”

5. **5. Courts Consider Multiple Factors in Deciding Whether to Grant a Petition for Grandparent Visitation**

When a court decides to grant visitation to a grandparent, it will look at a wide variety of statutory facts, including the child’s wishes, the child’s mental and physical health, the grandparent’s mental and physical health, the grandparent’s previous relationship with the child prior to the divorce, the amount of visitation time requested, and the good faith of the parties seeking and denying visitation.

**Seek Advice from a Chicago Grandparent Visitation Lawyer**

If you are seeking grandparent visitation or have concerns about grandparent visitation as a parent with parental responsibilities, it is important to seek advice from a family lawyer. One of the dedicated [Chicago grandparent visitation attorneys](https://familylawadvocate.com/contact-us/) at our firm can speak with you today about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about the services we provide to clients throughout the Chicago metropolitan area.

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**Categories:** Grandparents Visitation Attorney

---

### [Top Things to Know About a Guardian Ad Litem in a Family Law Case](https://familylawadvocate.com/top-things-to-know-about-a-guardian-ad-litem-in-a-family-law-case/)

**Published:** July 16, 2020
**Author:** familylawadvocate

**Content:**

**Top Things to Know About a Guardian Ad Litem in a Family Law Case**

**By: Gordon & Perlut, LLC**

If you are currently going through a [family law case](https://familylawadvocate.com/family-law/) (or will be soon) in Chicago and minor children are involved, you should know the court may appoint a person known as a Guardian Ad Litem (or GAL). Depending upon the specific facts of the case, a judge may simply decide to appoint a Guardian Ad Litem regardless of whether the parties request one, or one of the parties might request a GAL be appointed.

If a GAL is appointed in your case, it is important to understand the reasons for appointing a GAL, what role that person will play, and what your rights and responsibilities are with regard to the Guardian Ad Litem. The following are some of the top things you should know about a Guardian Ad Litem in a family law case.

**GALs Are Appointed in Cases Involving the Child’s Best Interests**

According to [Illinois law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506), a GAL can be appointed in “any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a minor or dependent child.”

**Attorneys Typically Are Appointed As Guardians Ad Litem in Illinois**

Different states have different rules concerning GALs. In Illinois, attorneys serve as GALs. The attorney who serves as a Guardian Ad Litem is a volunteer who advocates for the child.

**GALs Can Investigate to Determine What is in the Child’s Best Interests

It is important for all parties involved in a case to know the GAL has a duty to investigate. The investigation can involve many kinds of inquiries. In a child custody case, a GAL will almost always visit the child’s residence and speak with the child. The GAL can also conduct interviews with various parties in the child’s life, such as the child’s friends, the child’s relatives, the child’s teachers, the child’s healthcare providers, and even the child’s neighbors. The GAL then creates a report that goes to the court, which discusses what is in the best interests of the child.

**GALs Are Appointed in Many Different Types of Custody Cases

You should know that GALs are appointed in a wide range of family law disputes involving minor children. While a GAL certainly may be — and likely will be — appointed in a case involving allegations of child abuse or neglect, a GAL can also be appointed in a divorce case where the parents are engaged in a bitter dispute over child custody where there are no allegations of any harm or violence involving the child or the family. In any family law dispute where a minor is involved, Illinois law recognizes the child needs an advocate and the GAL can fill that role.

**Contact an Experienced Chicago Family Lawyer

If you are involved in a family law matter in Chicago and have questions about the role of a GAL, it is important to speak with an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/) who can respond to your inquiries. Do not hesitate to get in touch with our firm to learn more about the services we provide. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Guardian Ad Litems

---

### [When Can Divorce Orders be Modified?](https://familylawadvocate.com/when-can-divorce-orders-be-modified/)

**Published:** July 10, 2020
**Author:** familylawadvocate

**Content:**

**When Can Divorce Orders be Modified?**

**By: Gordon & Perlut, LLC**

When a [divorce](https://familylawadvocate.com/divorce/) order is entered, there is rarely an assumption among any of the parties that the order will work perfectly forever. The aim for a [Chicago divorce](https://familylawadvocate.com/divorce/) order – such as an order for spousal maintenance or an allocation judgment – is for the order to remain effective for the foreseeable future so both parties do not need to return to court. However, various issues can arise that necessitate a modification. Most divorce order modifications are governed by the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA). In general, for any order to be modifiable, the parties must show there has been a substantial change in circumstances (which may vary – depending upon the type of order), although there are certain exceptions. We will provide you with more information about modifying an order after a divorce.

**Modifying Child Support**

To modify child support after a divorce, the party seeking to modify child support will need to show there has been a substantial change in circumstances. Parents have an obligation to support their children, and under the “income shares” model for calculating child support that Illinois uses, both parents are obligated to contribute to the overall child support obligation. However, if one of the parents loses his/her job or needs to take a different job that pays less money — for reasons that have nothing to do with a desire to avoid paying child support — then a court typically will consider a modification. However, in circumstances where a parent intentionally quits their job or takes a lesser-paying job to change the child support obligation, the court will impute income.

**Modifying Parental Responsibilities**

Like a child support modification, parents typically need to show a substantial change in circumstances to modify parental responsibilities. However, an allocation judgment or parenting plan may be modified more easily in situations where both parents agree to the modification. For example, if one parent needs to relocate for a job and the other parent agrees to a modification in the current allocation of parenting time, they can ask the court to sign off on that modification. In situations where one parent is seeking a modification and the other parent will not agree, the parent seeking the modification will need to prove that a substantial change in circumstances has occurred and the modification is in the best interests of the child.

In the latter type of situation, it is important to work with a lawyer who can gather the evidence you need to prove a modification is in the best interests of your child.

**Modifying Spousal Maintenance**

Somewhat like child support, spousal maintenance may be modifiable when one party can prove there has been a substantial change in circumstances. However, it is important to keep in mind that some orders make maintenance non-modifiable. In such a case, a modification will not be possible, even if a substantial change in circumstances has occurred.

**Contact a Chicago Divorce Lawyer for More Information**

Do you have questions about modifying a divorce order? One of our experienced [Chicago divorce attorneys](https://familylawadvocate.com/contact-us/) can assist you. Do not hesitate to get in touch with our firm for more information. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about modifying a child support, spousal maintenance, or allocation judgment.

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**Categories:** Divorce Modification

---

### [How is Child Custody Decided in Illinois?](https://familylawadvocate.com/how-is-child-custody-decided-in-chicago/)

**Published:** May 12, 2020
**Author:** familylawadvocate

**Content:**

**How is Child Custody Decided in Illinois?**

**By: Gordon & Perlut, LLC**

Whether you are just beginning the process of filing for a divorce with minor children from your marriage, or you are planning a separation from a partner with whom you share at least one minor child, you are very likely wondering: How is [child custody](https://familylawadvocate.com/divorce/child-custody/) decided in the Chicago area?

There are many things about the child custody process that every parent should know. At the same time, every case has its own set of facts and intricacies, so it is essential to work with a [Chicago child custody attorney](https://familylawadvocate.com/divorce/child-custody/) who can analyze the specific circumstances of your case and help to advocate for your rights and your child’s rights in the courtroom. In the meantime, we want to provide you with some basic knowledge about how child custody gets decided in the Chicago area. The following are some key pieces of information to remember.

**Child Custody is Known as Parental Responsibilities**

The first thing to know about how child custody gets decided in an Illinois court is that, technically, “child custody” is not decided. Instead, courts allocate “parental responsibilities.” The [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) (IMDMA), the law that governs most matters in the Chicago area pertaining to child custody, no longer uses the terms “child custody,” or “physical custody,” or “legal custody.” Instead, those terms have been replaced with “parental responsibilities,” and “significant decision-making responsibilities,” and “parenting time.” Both significant decision-making responsibilities and parenting time are considered the two major types of parental responsibilities under Illinois law. So, when a court decides how child custody will be awarded in a Chicago area case, what it will be doing is allocating those parental responsibilities to the parents.

**Chicago Area Courts Will Use the “Best Interests of the Child” Standard**

Even before Illinois courts shifted from the language of “child custody” to “parental responsibilities,” they used the “best interests of the child” standard to determine who custody matters would be decided. The same is true now. Courts look to many different factors in deciding what would be in the best interests of the minor children, both when deciding how to allocate significant decision-making responsibilities and when deciding how to allocate parenting time. Some of those factors will likely include the following, which are listed in the IMDMA:

- Child’s wishes if the child is mature enough to be able to make a reasoned independent preference;
- Child’s adjustment to his/her current home and community;
- Physical and mental health of all parties;
- Parents’ willingness to cooperate with one another for purposes of co-parenting;
- Parents’ willingness to facilitate a close and continuing relationship between the child and the other parent;
- Parents’ previous roles with regard to the child prior to the separation or divorce;
- Prior agreements between the parenting concerning childrearing;
- Parents’ wishes;
- Child’s needs;
- Distance between the parents’ current residences (for parenting time); and
- Factors that would point to a need to restrict parental responsibilities, such as history of domestic violence, child abuse, or whether one of the parents is a sex offender.

**Contact a Child Custody Lawyer in Chicago**

If you have questions about how child custody is decided in the Chicago area or need assistance with your case, a dedicated [Chicago child custody lawyer](https://familylawadvocate.com/contact-us/) is here to help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Custody

---

### [What Do I Need to Include in My Divorce Petition?](https://familylawadvocate.com/what-do-i-need-to-include-in-my-divorce-petition/)

**Published:** June 26, 2020
**Author:** familylawadvocate

**Content:**

**What Do I Need to Include in My Divorce Petition?**

**By: Gordon & Perlut, LLC**

[Filing for divorce](about:blank) can be a complicated process. You may be unsure about the steps you need to take and you may not have a clear understanding of what types of materials you need to gather in advance of the [divorce](about:blank) proceeding. Given that each person who files for divorce will have their own set of circumstances, no single petition for the dissolution of marriage will look exactly alike. At the same time, every petition for divorce will need to provide certain types of information. Information contained in a divorce petition is outlined by the [Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA).

We will provide you with more information about what you need to include in your divorce petition, but it is always important to have a Chicago divorce lawyer on your side to ensure your case moves forward as smoothly as possible.

**Elements of a Divorce Petition Under the IMDMA**

The IMDMA says that, at the very least, every petition for the dissolution of marriage must contain the following:

- Age, occupation, and residence of each party (each of the spouses);
- Length of each party’s residence in the state of Illinois;
- Date of the marriage;
- Place where the marriage was registered;
- Whether a petition for the dissolution of marriage is pending in any other county or state;
- Acknowledgment that the residency requirements for a divorce under Illinois law have been met;
- Statement that irreconcilable differences have caused the irretrievable breakdown of the marriage (which must be shown for an Illinois divorce);
- Names, ages, and addresses of all living children from the marriage, including adult children;
- Whether or not one of the spouses is currently pregnant;
- Any arrangements concerning spousal or child support;
- Details concerning existing arrangements for the allocation of parental responsibilities; and
- Relief parties are seeking.

To be clear, Illinois is a “no fault” state for divorce purposes. As such, no petition for divorce in the state should allege any fault-based grounds for divorce.

**Process for Divorce Beyond the Initial Filing of the Petition for the Dissolution of Marriage**

Filing a petition for the dissolution of marriage is only the first step in the legal process of divorce in Illinois. When you go through a divorce, you also will need to go through the process of property division, determining spousal maintenance (if one of the parties is seeking it), child support and the allocation of parental responsibilities – if there are minor children from the marriage.

These processes will require additional documentation, and more forms and paperwork must be completed. For example, in property division, spouses will need to account for all existing separate and marital property for the court to determine how the property will be divided. If one of the spouses is seeking spousal maintenance, that party will need to make clear he/she is seeking support. The court will not determine if spousal maintenance is even appropriate unless one of the spouses requests it.

You should be getting a variety of materials ready for your divorce beyond those specifically tied to property division and spousal maintenance, such as tax returns, investment and bank statements, and other financial documents.

**Contact a Chicago area Divorce Attorney**

Filing a petition for the dissolution of marriage is the first official step in moving forward with your divorce, and a [divorce attorney in Chicago](about:blank) at our firm can help. [Contact Gordon & Perlut, LLC](about:blank) to learn more about how we can assist you.

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**Categories:** Divorce Attorney

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### [Can I Avoid Having My Pension Divided in My Divorce?](https://familylawadvocate.com/can-i-avoid-having-my-pension-divided-in-my-divorce/)

**Published:** June 22, 2020
**Author:** familylawadvocate

**Content:**

**Can I Avoid Having My Pension Divided in My Divorce?**

**By: Gordon & Perlut, LLC**

If you are approaching the age of retirement and are planning to get divorced in the Chicago area, it can be very stressful to learn your pension is likely subject to [distribution ](https://familylawadvocate.com/divorce/property-division/)under Illinois law. The [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) (IMDMA) outlines factors for the court to use when [dividing marital property](https://familylawadvocate.com/divorce/property-division/), which can include pensions.

Under Illinois law, marital property is divided according to the theory of equitable distribution — assets and debts of the marriage are divided in a way the court determines to be fair to both parties. You may be thinking: I earned this pension by working for decades at my job — is it fair to divide it between my spouse and me? When courts consider what type of property division is “equitable,” the court is not necessarily thinking about which spouse earned a particular asset. To be sure, courts do consider who may have earned the asset, but they are thinking about contributions to the marriage made by the other spouse and other aspects of the parties’ lives and marriage. Therefore, in many divorce cases, a pension is subject to division.

However, you may be able to avoid having your pension divided in your divorce if you enter into a Marital Settlement Agreement with your spouse where that spouse waives his or her interest, or if your pension is excluded in a premarital or postnuptial agreement, or if your pension is largely classified as separate property. Let us say more about how these scenarios might work.

**Entering Into a Marital Settlement Agreement to Keep Your Pension**

Many people who are getting divorced in the Chicago area want to have control over the way in which their property gets divided. With a Marital Settlement Agreement, you will still need to consider the value of your pension, and you will likely need to give up rights to other assets to prevent the pension from being divided. However, if you are willing to negotiate and to give up something else to keep your pension intact, it is possible to avoid having your pension divided during your divorce.

**Premarital or Postnuptial Agreement Excludes Your Pension**

If a premarital agreement or a postnuptial agreement expressly excludes your pension from distribution in the event of a divorce, you will be able to avoid having it divided in the divorce. However, it is important to work with an attorney to ensure the terms of the agreement are enforceable.

**Your Pension is Classified as Separate Property**

Under Illinois law, only “marital property” is divided in a divorce. When a divorce proceeding begins, a court will classify all property owned by either spouse as either marital or separate property. Typically, separate property includes everything acquired by a spouse prior to the date of the marriage and held separately, or property acquired by only one of the spouses during the marriage through a gift or an inheritance.

For most people, a pension will be classified almost entirely as marital property, assuming they were married during the length of their job in which they built the pension. However, some second or later-life marriages may have resulted in relatively limited contributions to a pension during the time of the marriage. If this is the case, most of the pension could be classified as separate property and not subject to distribution.

**Contact a Chicago area Pension Division Lawyer**

If you have questions about your pension and the division of assets in your divorce, a [Chicago pension division lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Pension Division Attorney

---

### [Do I Need to Worry About Parenting Time Restrictions?](https://familylawadvocate.com/do-i-need-to-worry-about-parenting-time-restrictions/)

**Published:** June 16, 2020
**Author:** familylawadvocate

**Content:**

**Do I Need to Worry About Parenting Time Restrictions?**

**By: Gordon & Perlut, LLC**

When parents with minor children plan for divorce, issues of [parental responsibilities](about:blank), especially [parenting time](about:blank), can be contentious. It is common for both parents to want to spend as much time as possible with their children and to play a large role in raising their them. In particularly contentious divorce cases, one or both parents may be worried the other parent will try to take steps to prevent them from spending time with the child. Under [Illinois law](about:blank), restrictions on parenting time are relatively limited so it is important for parents to understand when restrictions are placed on a parent’s time with a child.

In general, if you are worried you will face parenting time restrictions because the other parent is angry at you for the divorce, you should know our Chicago area child custody lawyers can help show you are entitled to parental responsibilities. At the same time, it is important to understand the types of scenarios where a court will restrict parenting time.

**Courts Can Restrict Parenting Time, But Only If It Would Endanger the Child**

Courts can decide to restriction parenting time, which means any limitation placed on this time. However, Chicago area courts do not make such a decision lightly. First, the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs the allocation of parental responsibilities, expressly states courts begin from a presumption that “both parents are fit.” Accordingly, the court will only place a restriction on parenting time if it finds this time would endanger the child’s physical, mental, moral, or emotional health.

The IMDMA does not define specific situations that would endanger a child in the ways described above. Some examples of statutory factors that may lead a court to restrict parenting time can include, but are not limited to, the following:

- Child abuse or neglect;
- Abandonment of the child;
- Allowing another person to abuse the child;
- Using drugs or alcohol in a way, which interferes with the parent’s ability to provide caretaking functions for the child; and/or
- Persistent interference with the other parent’s relationship with the child for reasons that are not in good faith.

**Should I Be Worried My Ex Will Argue for a Restriction of Parenting Time?**

Every case has its own set of facts and it is important to have your case evaluated by an experienced Chicago area family lawyer. However, it is important for parents to understand there are many things they may be worried about, which will not lead to a restriction of parenting time. You may be concerned, for example, that your soon-to-be ex-spouse is gathering evidence about your social life from your friends and social media accounts and that they will try to use that information against you. The following is the type of information that will typically *not* lead to a restriction of parenting time on its own, but is the type of information you might be concerned about:

- You went out with friends and had a beer or a glass of wine, and there is a photo of the outing on social media;
- You joined a dating site or app; or
- You have been dating occasionally when you do not have your children.

It is also important to keep in mind that one of the factors a court can use in deciding to restrict parenting time is whether one of the parents is unfairly and persistently interfering with the other parent’s access to the child. As such, if your ex is taking steps to prevent your kids from seeing you and those actions are not in good faith, the court could restrict that parent’s parenting time.

**Contact a Chicago area Parenting Time Lawyer**

If you have questions or concerns about parental responsibilities, a [Chicago parenting time attorney](about:blank) can assist you. [Contact Gordon & Perlut, LLC](about:blank) today for help.

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**Categories:** Parenting Time

---

### [Reconciliation: When There is a Prospect of Reconciliation After You File for Divorce](https://familylawadvocate.com/reconciliation-when-there-is-a-prospect-of-reconciliation-after-you-file-for-divorce/)

**Published:** June 9, 2020
**Author:** familylawadvocate

**Content:**

**Reconciliation: When There is a Prospect of Reconciliation After You File for  Divorce**

**By: Gordon & Perlut, LLC**

You may know Illinois is a “no fault” [divorce](https://familylawadvocate.com/divorce/) state, meaning a party who is filing for divorce, and the other party responding to that [divorce petition](https://familylawadvocate.com/divorce/), will never need to prove one of the spouses is at fault for the divorce as a result of adultery, addiction, or any other matter. Further, not only will spouses not need to allege or prove fault in a divorce, but there is no space in a divorce case where alleging fault can benefit one of the parties, although certainly your spouse’s “faults” may be relevant in child custody cases, or in improper use of funds.

Even decisions pertaining to spousal support (often known as alimony) are made based on the needs of the spouse seeking support as opposed to fault. Spousal maintenance is not punitive. Rather than alleging fault in any capacity, the party who files for divorce instead must assert irreconcilable differences have caused the irretrievable breakdown of the marriage.

This seems simple enough, but how does the court know irreconcilable differences exist? And can the court ever tell a married couple it makes more sense for them to remain together? The “proof” required to prove irreconcilable differences pertains largely to evidence you have lived separate and apart from your spouse for the requisite amount of time. However, there is something in the [Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA) known as “conciliation,” and we want to say more about how this works.

**What is Conciliation?**

When you file for divorce in the Chicago area, one of the requirements to get divorced is that irreconcilable differences have caused the breakdown of the marriage and efforts at reconciliation have failed or that future attempts would not be in the best interests of the family. Now, under Illinois law, there is an “irrebuttable presumption that the requirement of irreconcilable differences has been met” if the married couple has lived separate and apart for six (6) months or longer.

However, the IMDMA also has a section on “conciliation.” This part of the statute explains the following: If the court finds there is a possibility of reconciliation, the court may order a conciliation conference.

**When Can a Conciliation Conference Occur?**

A conciliation conference, as the statute clarifies, can occur at the request of either party (e.g., if one of the spouses opposes the divorce), or on the court’s own motion. However, if the court does order a conciliation conference, it cannot prevent the divorce if the parties have lived separate and apart for six (6) months or longer. To be clear, even if the other spouse opposes the divorce, that opposition alone will not prevent the court from granting a divorce.

It is also important to know that “upon good cause shown,” the court can also prohibit conciliation or any other process, which would require the parties to meet. For example, if there is a history of domestic violence and one of the parties requests a conciliation conference, the court can prohibit it.

**Contact a Chicago area Divorce Lawyer**

When you are preparing for a divorce in the Chicago area, it is essential to have a [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) on your side. One of the family lawyers at our firm can speak with you about how Illinois no fault divorce works, and what kind of evidence you need to provide in order to be eligible for a divorce in the Chicago area. Contact [Gordon & Perlutt, LLC](https://familylawadvocate.com/contact-us/) for more information about the services we provide to clients throughout the Chicago area.

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**Categories:** Reconciliation

---

### [Can I File for an Annulment Instead of a Divorce?](https://familylawadvocate.com/can-i-file-for-an-annulment-instead-of-a-divorce/)

**Published:** May 22, 2020
**Author:** familylawadvocate

**Content:**

**Can I File for an Annulment Instead of a Divorce?**

**By: Gordon & Perlut, LLC**

When you are struggling with your marriage, you may be thinking about how to end your legal relationship with your spouse. For various reasons, some Chicago area residents want to be able to end the marriage without having to say they are [divorced](https://familylawadvocate.com/divorce/). Sometimes religion plays a role and a person would rather be able to end the legal relationship without having to be divorced within the church or congregation. Sometimes people simply do not want what they believe to be a social stigma of being divorced and they believe an annulment could be an option.

Inquiries about annulment instead of divorce are especially common in scenarios where the spouses have been married for a very short time and own little property together. However, in most situations this will not be an option. What can you do?  You can file for divorce, or legal separation could still be an option instead of [divorce](https://familylawadvocate.com/divorce/). Let us tell you more.

**Annulment is Only a Process Available to Parties Who Have an Invalid Marriage**

Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000) (IMDMA), an annulment is not one of the multiple options to dissolve a marriage. Rather, it is the process for legally dissolving a marriage, with the result that the marriage will be seen as never being in effect. And to be clear, the IMDMA does not use the term “annulment.” Rather, it uses the term “declaration of invalidity of marriage.” Accordingly, a declaration of invalidity of marriage, or what is often colloquially known as an annulment, is only feasible in limited circumstances. Examples of situations in which an annulment could occur includes, for example:

- One of the spouses was already legally married to another person at the time of the marriage;
- One of the spouses did not have capacity to give consent to the marriage;
- One of the spouses was underage at the time of the marriage and did not have parental permission; or
- One of the spouses was forced or tricked into the marriage through fraud or duress.

**Legal Separation as an Option When You Do Not Want to Be Divorced**

If you do not want to be divorced but you want to have an officially, legally binding order in place through which your marital property is separated and an allocation judgement (allocating parental responsibilities) is put into place, you have another option even though you cannot seek an annulment. When a married couple does not want to get divorced but wants the benefits of a divorce, they can choose to have a legal separation. While some states do not expressly provide for a legal separation, Illinois does. There are some important distinctions from a divorce.

First, the court cannot value or allocate marital property unless there is a property settlement agreement in place. What this means is you will need to work with your spouse (through your lawyers, if necessary) to create a property settlement agreement in which you distribute marital property. If the agreement is not unconscionable, the court can make that property settlement agreement into law, turning the terms into final and non-modifiable terms. Like a divorce, a legal separation does allow the court to award spousal maintenance and to determine child support obligations.

**Contact a Chicago Divorce Lawyer**

Do you have questions about annulment, divorce, and legal separation? A [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) at our firm can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Annulment

---

### [Parenting Time and the Right of First Refusal](https://familylawadvocate.com/parenting-time-and-the-right-of-first-refusal/)

**Published:** May 19, 2020
**Author:** familylawadvocate

**Content:**

**Parenting Time and the Right of First Refusal**

**By: Gordon & Perlut, LLC**

When you have minor children from a marriage or a relationship and you are planning to get divorced or separate from your partner,[ parental responsibilities](https://familylawadvocate.com/divorce/child-custody/) will need to be allocated between you and the child’s other parent. Under Illinois law, parental responsibilities used to be known as child custody. Now, rather than awarding legal and physical custody to one or both parents, courts allocate parental responsibilities, which include making significant decisions about the child’s upbringing (like legal custody) and[ parenting time](https://familylawadvocate.com/divorce/child-custody/) (like visitation). One issue that can arise when parents share parenting time is something known as the “right of first refusal.” The[ Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) (IMDMA) specifically addresses the right of first refusal, and we want to tell you more about it.

**What is the Right of First Refusal?**

Under the IMDMA, the right of first refusal means if a person plans to leave the minor child with a substitute child-care provider for a significant duration, that individual must first offer the other an opportunity to personally care for the child. The IMDMA clarifies the individuals may agree to a right of first refusal, which is consistent with the best interests of the child. However, in some cases, the parents do not agree to a right of first refusal. In such situations, if the court thinks a right of first refusal would be in the best interests of the child, then it can arrange for a right of first refusal. We will explain more about this shortly, but first we want to say more about what this term means and how it relates to parenting time.

When a parent exercises parenting time, or when a parent is scheduled to have time with his/her child or children, the IMDMA makes clear that parenting time requires the parent to provide caretaking functions for the child. Caretaking functions involve a wide range of duties, from making sure the child has meals, has an appropriate bedtime and wake-up time, the child gets to school on time, the child completes his/her homework and many other duties that come with the day-to-day process of raising a child. Accordingly, when a parent plans to hire someone to provide caretaking functions while that parent has parenting time, the right of first refusal could allow the other parent to take the child during that time.

**When a Court Makes Provisions for a Right of First Refusal**

If a court thinks a right of first refusal would be in the child’s best interests, the IMDMA says the court will then consider and make provisions for the following:

- Length and type of child-care requirements, which would invoke the right of first refusal;
- Notification to the other parent; and
- Transportation for the child.

Some examples of situations in which the right of first refusal might apply include, but are not limited to:

- Parent is scheduled to work;
- Parent has a business trip;
- Parent needs to be out-of-town for personal reasons; or
- Parent has plans to hire a babysitter for the night.

**Contact a Chicago Parenting Time Lawyer**

The right of first refusal does not apply to all child custody cases or parenting time situations. For it to apply, the parents either need to agree to it or the court must order it. If you have questions about the right of first refusal, a [parenting time lawyer in Chicago](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Parenting Time Attorney

---

### [Should I Allege Fault in My Divorce Petition?](https://familylawadvocate.com/should-i-allege-fault-in-my-divorce-petition/)

**Published:** April 29, 2020
**Author:** familylawadvocate

**Content:**

**Should I Allege Fault in My Divorce Petition?**

**By: Gordon & Perlut, LLC**

For quite some time, in order to get divorced, many states required the spouse petitioning for the divorce to allege fault-based grounds for filing. Until recently, although Illinois had a “no fault” option for filing for divorce, it still permitted the party seeking a divorce to allege grounds for a fault-based divorce.

However, since 2016, nobody who files for divorce in Illinois has the option of alleging grounds for divorce – and fault does not play a role in divorce cases in Chicago area courts or anywhere else in Illinois. Accordingly, you should not allege fault in your divorce petition. Instead, we will explain how Illinois came to be a no-fault divorce state and what you will need to allege when you file a petition for the dissolution of marriage under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000) (IMDMA).

**Illinois Public Act 099-0090**

For many years, Illinois law allowed parties seeking a divorce to allege fault when they filed a petition for the dissolution of marriage. Anyone could use the no-fault “option,” by explaining that “irreconcilable differences” led to the divorce petition. Yet fault remained an option until January 1, 2016. These fault-based grounds for divorce were known as “heart balm actions,” and Illinois entirely eradicated them through [Public Act 099-0090](http://www.ilga.gov/legislation/publicacts/99/099-0090.htm).

According to Public Act 099-0090, by 2016, a “majority of states \[had\] abolished heart balm actions.” In Illinois, those fault-based grounds for divorce still included fault-based grounds for divorce such as infidelity or mental cruelty. As Illinois lawmakers explained in eradicating those grounds for divorce, “society has since recognized that the amicable settlement of domestic relations disputes is beneficial,” and emphasized there was an interest in “mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage . . . and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage.”

Further, lawmakers explained, “heart balm actions are inconsistent with these purposes.” The lawmakers who supported Public Act 099-0090 also made clear that “society has . . . realized that women and men should have equal rights under the law,” and that “heart balm actions are rooted in the now-discredited notion that men and women are unequal.”

Accordingly, fault-based grounds were abolished.

**Irreconcilable Differences and Divorce in Illinois**

Rather than alleging any fault-based grounds for divorce, a party filing for divorce only must clarify that “irreconcilable differences have caused the irretrievable breakdown of the marriage,” and then the court must determine that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

You might be asking yourself: What type of evidence does this require? The answer is a very straightforward. If a married couple lives separate and apart for six (6) months or more, that separation results in an “irrebuttable presumption that the requirement of irreconcilable differences has been met.” In other words, if you live separate and apart from your spouse for at least six (6) months, you do not need to provide any additional evidence to prove “irreconcilable differences.” And living apart does not necessarily mean you live in separate households, but only that you do not live “like husband and wife”.

**Contact a Divorce Attorney in Chicago**

Do you need help filing for divorce? A Chicago divorce lawyer can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Divorce Attorney

---

### [How Does Coronavirus Affect Parenting Time?](https://familylawadvocate.com/how-does-coronavirus-effect-parenting-time/)

**Published:** April 9, 2020
**Author:** familylawadvocate

**Content:**

**How Does Coronavirus Affect Parenting Time?**

**By: Gordon & Perlut, LLC**

COVID-19 and restrictions caused by this pandemic are creating additional problems for many parents who are subject to the terms of Court-ordered parenting time schedules.

The biggest challenge is many parents are concerned about exchanging children for parenting time during travel bans because they question if it is safe for children to travel between two different households. While parents are trying to argue the stay-at-home order in Illinois is a basis for keeping the children at one parent’s house, this is not true. Gov. JB Pritzker’s executive order specifically states, “essential travel” includes “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.”

One situation we have seen developing over the past few weeks is a difference in how strict each parent is in enforcing the “stay in place” mandate. While most parents interpret the rule strictly and restrict any type of meetings outside of the family home and allow no one inside (such as with friends), others are not as strict. Gordon & Perlut has already filed an emergency Petition where one parent was allowing their child to see his friends, thus exposing himself and others to the virus in a clear violation of the Gov. Pritzker’s order.

Obviously, there are always exceptions and different set of facts and circumstances may warrant a different requirement. For example, if one parent or household member has been exposed to the virus, then you may need to file an emergency motion to stop parenting time – if there is no agreement between the parents. Therefore, when in doubt, consult an attorney. However, absent any unusual circumstances, parenting schedules are to remain in effect.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Parenting Time

---

### [Issues to Consider in an LGBTQ Divorce](https://familylawadvocate.com/issues-to-consider-in-an-lgbtq-divorce/)

**Published:** April 27, 2020
**Author:** familylawadvocate

**Content:**

**Issues to Consider in an LGBTQ Divorce**

**By: Gordon & Perlut, LLC**

While [same-sex divorces](https://familylawadvocate.com/chicago-same-sex-divorce/) have more in common with opposite-sex divorces than differences, there are also important distinctions concerning same-sex relationships and divorces that LGBTQ couples considering [divorce in Chicago](https://familylawadvocate.com/chicago-same-sex-divorce/) should know about. A [recent ](https://www.businessinsider.com/factors-scientists-found-can-predict-divorce-in-lgbtq-couples)[*Business Insider*](https://www.businessinsider.com/factors-scientists-found-can-predict-divorce-in-lgbtq-couples)[ article](https://www.businessinsider.com/factors-scientists-found-can-predict-divorce-in-lgbtq-couples) discusses LGBTQ divorces with legal scholar Adam P. Romero, who recently edited a book on LGBTQ divorce, alongside psychology professor Abbie Goldberg, published with Oxford University Press. We want to take a look at a recent [interview](https://phys.org/news/2019-05-landscape-lgbtq-divorce.html) with Romero and Goldberg, which highlights some common factors and other issues to consider in an LGBTQ divorce.

**Research is Lacking on LGBTQ Divorces**

 The first thing to know about LGBTQ divorces is they are researched far less often than opposite-sex divorces. As such, divorce researchers do not have the kind of data they would ideally like to have in order to understand factors influencing LGBTQ marriages and divorces. As Romero explains, over time, there is an assumption that more family law experts will study LGBTQ divorces in various regions of the U.S., and that we will have more information to use in drawing conclusions. However, in the meantime, researchers must rely on the limited data available. This lack of information is part of the reason Goldberg and Romero put together their edited volume. As they explain, “our book brings together a wide variety of experts from different disciplines” including “law, psychology, sociology, political science” and other fields.

**Specific Factors Affecting LGBTQ Marriages and Decisions to Divorce**

 As Romero explains, much of the existing research “suggests that many of the same factors that create instability and strife in straight relationships, such as financial stress, also affect LGBTQ relationships.” Yet spouses in same-sex marriages ultimately deal with different types of issues, as well, that can result in divorce. Most notably, Romero suggests, spouses in same-sex marriages often experience “minority stressors,” which can affect their marriages, like discrimination in the workplace or strained relationships with extended family members. Experiencing discrimination at work and in other places can lead to problems at home and early research suggests it may play a role in some same-sex divorces. At the same time, however, Romero underscores we need more data.

**Legal Issues Specific to Same-Sex Couples Who Get Divorced**

 Although the law requires same-sex couples to be treated the same as way opposite-sex couples who get divorced, Romero and Goldberg indicate the law is sometimes “incompatible” with the way a same-sex marriage is arranged. In other words, spouses in same-sex marriages may not have family situations that are those imagined by the law, and as such, the divorce process may be more difficult. More significant is the issue of the length of the marriage. For example, under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59), the length of the marriage can affect the amount and duration of spousal maintenance. Yet many same-sex couples have been in committed relationships for decades and only married for a short time due to shifts in state and federal law which allows same-sex marriage.

Matters of parentage and parental responsibilities in a same-sex divorce can also get complicated when the same-sex couple has minor children from the marriage.

**Contact a Chicago Divorce Attorney**

 If you have questions about same-sex divorce in Illinois, you should get in touch with a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) who can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** LGBTQ Divorce

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### [Planning for Retirement: How Divorce Can Impact Your Retirement Plans](https://familylawadvocate.com/planning-for-retirement-how-divorce-can-impact-your-retirement-plans/)

**Published:** April 16, 2020
**Author:** familylawadvocate

**Content:**

**Planning for Retirement: How Divorce Can Impact Your Retirement Plans**

**By: Gordon & Perlut, LLC**

Planning for retirement after a [divorce in the Chicago area](https://familylawadvocate.com/divorce/) can be complicated. You should know that, for many Chicago area residents, a divorce will result in the distribution of most if not all your retirement accounts. To be sure, [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) requires courts to follow an equitable distribution model, which means any marital assets are distributed between the spouses in a manner that is equitable to both parties based on a variety of factors. Marital property includes most assets acquired after the date of marriage, unless they are expressly excluded through a prenuptial agreement or they were acquired by gift or inheritance. When couples are nearing the age of retirement and have been married for many years, most the retirement accounts will be classified as marital property and will be subject to distribution.

If you are currently planning for retirement — whether you are 10 years away from retirement or have already passed the minimum retirement age of 65 — there are some things you should know about how divorce is likely to impact your planning.

**You May Need to Work Longer Than You Anticipated**

If a portion of your retirement accounts are distributed to your spouse in the divorce, you may need to work for a longer period than you were initially anticipating. For example, if 40 percent of your 401(k) was distributed to your spouse, you may need to plan on working enough years to replenish the account before retiring. For many older adults who get divorced, this means working beyond 65.

**You Might Need to Go Back to Work**

If you recently retired and are now in the early stages of the divorce process, you may need to go back to work. While it is not a reality many people in “[gray divorce](https://familylawadvocate.com/divorce/)” cases like to face, the division of marital assets, including retirement accounts, can mean there is simply not enough money to live in retirement without additional income.

**A Marital Settlement Might Allow You to Retain Your Entire Retirement Account Balances

In some cases, if your retirement accounts are of utmost importance to you, it may be possible to negotiate a marital settlement agreement in which you retain all of the funds in your retirement accounts but give up other property in exchange. This way, you may be able to continue planning for retirement as you were before the divorce, but with fewer assets beyond your retirement money.

**Contact a Divorce Lawyer About Retirement Planning**

If you are anticipating you or your spouse will file for divorce, there are steps you can take to prepare for retirement now that can help once your divorce is finalized. One of our experienced [Chicago divorce attorneys](https://familylawadvocate.com/contact-us/) can also speak with you about options for negotiating a property settlement in which you are able to retain your retirement assets after the divorce, assuming you are willing to let your spouse retain ownership of other valuable property from the marriage. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to get started on your case.

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**Categories:** Retirement Distribution

---

### [How Fathers’ Rights Are Affected by Abuse Allegations](https://familylawadvocate.com/how-fathers-rights-are-affected-by-abuse-allegations/)

**Published:** January 9, 2020
**Author:** familylawadvocate

**Content:**

**How Fathers’ Rights Are Affected by Abuse Allegations**

**By: Gordon & Perlut, LLC**

When parents are getting divorced or separating, fathers often worry they will not be given a fair chance by the court when it comes to allocating parental responsibilities. To be sure, [fathers’ rights](https://familylawadvocate.com/fathers-rights/) advocates get concerned that previous preferences for awarding child custody to the mother may still be in play. In addition to biases based on old social norms, some fathers also have deep concerns about allegations the child’s mother might make in order to prevent the father from being allocated significant decision-making responsibilities and parenting time. According to an [article in ](about:blank)[The Washington Post](https://www.washingtonpost.com/local/social-issues/a-gendered-trap-when-mothers-allege-child-abuse-by-fathers-the-mothers-often-lose-custody-study-shows/2019/07/28/8f811220-af1d-11e9-bc5c-e73b603e7f38_story.html), child abuse allegations made against fathers do not often lead to a mother getting full custody of a child. Instead, as that article contends, “the mothers often lose custody.”

**Concerns About Fathers’ Rights or Limited Worry About Actual Abuse?**

For fathers who are concerned about fighting for parental responsibilities and parenting time, learning that most courts do not deny parenting time because of abuse allegations can be a relief, unless those allegations are proven. However, the article emphasizes some commentators point to this trend as a sign that courts do not always take women’s abuse allegations seriously.

On the one hand, a trend toward awarding child custody to fathers despite abuse allegations — or, in Illinois, allocating significant decision-making responsibilities and parenting time — might be construed as a way of righting wrongs of the past concerning social norms. Courts may be trying to get away from the outdated notion that only mothers know what is best for their children and should be the ones to exercise a larger amount of parenting time.

The information in the article comes from a recent study conducted by researchers at the National Family Violence Initiative at George Washington University Law School, which was funded by the National Institute of Justice. According to the facts of the study, in custody litigation situations where a mother reported a father was abusive, “the mothers lost custody 28 percent of the time.” Differently, “when fathers alleged abuse, the fathers lost custody only 12 percent of the time.”

**How Parental Alienation Can Affect Child Custody and Fathers’ Rights**

In addition to abuse allegations, the study also explored claims of “parental alienation, or the accusation that a parent is undermining or damaging the relationship between the child and the other parent.” Like situations in which the mother alleged abuse, when the mother alleged the father had engaged in parental alienation behavior, courts were “more than twice as likely to disbelieve mothers’ claims of abuse . . . than if the father made the alienation claim.”

Further, when fathers go to court and allege the mother engaged in parental alienation, mothers tend to lose custody at a rate of about 44 percent. Under Illinois law, the notion of parental alienation might be best captured in the statutory factors under the[ Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA) for allocating parental responsibilities in a way that is in the child’s best interests. Indeed, the “willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child” is one of numerous factors the court can consider when allocating parental responsibilities.

**Contact a Chicago Fathers’ Rights Lawyer**

For fathers who are concerned about social pressures affecting their rights to parental responsibilities, an experienced Chicago father’s rights attorney can help. The article discussed above suggests fathers should feel reassured false allegations, as well as social norms, will not hurt their chances of being allocated parental responsibilities. [Contact M. Scott Gordon & Associates](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Fathers' Rights

---

### [How to Minimize Taxes in Your Divorce](https://familylawadvocate.com/how-to-minimize-taxes-in-your-divorce/)

**Published:** January 22, 2020
**Author:** familylawadvocate

**Content:**

**How to Minimize Taxes in Your Divorce**

**By: Gordon & Perlut, LLC**

Getting [divorced in Chicago](https://familylawadvocate.com/divorce/) or the Chicagoland area can be expensive and taxes can add up at the same time. This is especially true if you are required to pay spousal support. As you may know, with relatively recent changes to federal tax law, the spouse who makes alimony payments (known as maintenance) can no longer deduct those payments on their tax returns. To be sure, when a [divorce](https://familylawadvocate.com/divorce/) is imminent and one of the spouses was the primary earner, the spouse who was the primary earner may be responsible for significant taxes over a lengthy period of time. The cost of taxes on alimony payments add up, resulting in a substantial amount of money over several years. An [article in ](https://www.forbes.com/sites/heatherlocus/2019/07/12/minimizing-taxes-in-divorce-without-the-alimony-deduction/#1a6fb7b58344)[Forbes](about:blank#1a6fb7b58344) discusses some methods of minimizing taxes in your divorce especially when it comes to support payments and we want to talk about a couple of those options with you.

**Consider a Settlement Involving More Retirement Benefits**

If you were the primary earner in the marriage, you should anticipate the process of property division under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) will result in your spouse receiving a portion of retirement benefits from your 401(k) account or other retirement account. Depending upon the amount of retirement assets distributed to your spouse, it could make more sense to negotiate a property settlement that involves providing additional retirement benefits to your spouse, instead of spousal support (maintenance) payments.

If you and your spouse collectively earn under $500,000 annually, the spousal support amount and duration will likely be determined by the guidelines. As such, you can work with your attorney to estimate the likely amount and duration of spousal support you will be required to pay. For example, if the court determines you should pay $2,000 a month to your spouse for a period of 10 years, you may be able to negotiate a property settlement in which you pay a majority of that from your retirement benefits through a Qualified Domestic Relations Order (QDRO). A divorce is among the only times you can use a QDRO to transfer retirement benefits without paying a penalty. If you transfer the entire amount of spousal support ($2,000 per month x 10 years = $240,000), you will not have to pay tax on this payment. However, this is usually only a good idea if you anticipate being able to replenish your retirement account after the divorce.

**Establish a Charitable Remainder Trust**

Another option is to establish a charitable remainder trust from which alimony payments will be made. A charitable remainder trust is typically used for a person to give money to a charity. The person who wants to make the payments establishes the trust, puts money into the trust then the trust pays the beneficiary for a specific amount of time. The person establishing the trust can also get a tax break by using a charitable remainder trust. In addition, the trust can earn money and taxes are not due on those gains.

For some couples, it could make sense to establish a trust to make support payments. You should discuss your situation with a Chicago divorce lawyer.

**Contact a Divorce Attorney in Chicago**

If you have questions or concerns about minimizing taxes in your Chicago divorce, a [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) at our firm can speak with you about options that may be available. [Contact M. Scott Gordon & Associates](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Divorce Lawyer

---

### [Divorce Versus Legal Separation: What Are their Similarities and Differences?](https://familylawadvocate.com/divorce-versus-legal-separation-what-are-their-similarities-and-differences/)

**Published:** February 3, 2020
**Author:** familylawadvocate

**Content:**

**Divorce Versus Legal Separation: What Are Their Similarities and Differences?**

**By: Gordon & Perlut, LLC**

If you are having difficulties in your marriage, you might be wondering whether [divorce](about:blank) is the right decision for you. For many couples, divorce is a difficult and complicated process, yet it provides a path toward happiness. Sometimes, spouses want to have some of the features of a divorce – without necessarily ending their legal relationship.

For many parties, it is essential to formalize the separation. For instance, if you have minor children from your marriage, you will need to have a parenting plan or an allocation judgment in place to make clear how parents will share time and responsibilities for the children. You also may need to have a court order in place for spousal support. In such scenarios, a legal separation may be ideal. What is the difference between a [Chicago divorce](about:blank) and a legal separation in the Chicagoland area? We will discuss some of the basic similarities and differences below.

**The IMDMA Governs Legal Separations and Divorces

Both a legal separation and a divorce are possible under the [Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA). Not all states allow legal separations, but Illinois does.

**Reasons for Choosing a Legal Separation Instead of Divorce

There are a variety of reasons a couple might want a legal separation instead of a divorce. For example, a married couple might want to live separate and apart, and they may want to build a life with a new partner, but they might have reservations about legally getting divorced for religious or financial reasons. If you decide to live separate and apart from your spouse — even for many years — but you never get divorced, you can continue to take advantage of certain financial benefits like jointly filing your taxes. If one of the spouses is on the other’s health insurance, those benefits do not go away if you remain married but indefinitely separated (in most circumstances). These kinds of benefits stop once a divorce is finalized.

To be clear, couples move toward both legal separation and divorce for similar reasons (i.e., problems in the marriage), but they select a legal separation instead of a divorce for very different reasons.

**Legal Separation Does Not End the Legal Relationship – Divorce Does

The major difference between a legal separation and a divorce is divorce ends the legal relationship while a legal separation does not. We mentioned some reasons above that this distinction can make a significant difference for the parties involved.

**Both Allow the Court to Allocate Parental Responsibilities

Whether parents have a legal separation or a divorce, the court can allocate parental responsibilities, including parenting time. Accordingly, the parents can have a clear parenting time arrangement, which is enforceable in court.

**Legal Separation and Divorce Orders Can Be Modified**

If there is a significant change in circumstances for either spouse, both legal separation and divorce orders may be modified

**Spousal Support is Possible with Legal Separation and Divorce**

Both a legal separation and a divorce allow the court to order spousal support. Accordingly, even if you do not want to legally end your marriage, you can still be eligible to seek spousal support in a legal separation.

**Both Legal Separations and Divorces Require Help from a Lawyer

Whether you are seeking a legal separation or a divorce, it is essential to have a legal advocate on your side. A Chicago area divorce lawyer can ensure the terms of your legal separation or divorce take your needs and wishes into account.

**Contact a Chicago area Divorce Attorney

If you are considering a legal separation or divorce, you should speak with a [Chicago divorce attorney](about:blank) today. [Contact Gordon & Perlut, LLC](about:blank) for more information.

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**Categories:** Divorce Attorney

---

### [3 Things to Know About Retirement Distribution in Your Divorce](https://familylawadvocate.com/3537-2/)

**Published:** February 18, 2020
**Author:** familylawadvocate

**Content:**

**3 Things to Know About Retirement Distribution in Your Divorce**

**By: Gordon & Perlut, LLC**

[Distribution of marital property](https://familylawadvocate.com/divorce/property-division/) is a major aspect of any Chicago area divorce. Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), all property owned by spouses must first be classified as marital or separate property. Marital property gets distributed through divorce, while separate property does not. Retirement accounts are property that exist for most married couples in the Chicago region. Regardless of age, most parties have at least some assets in one or more retirement accounts. This type of property can be more complicated to classify and divide than other types of property because many parties opened their retirement accounts prior to the marriage but continued contributing to them during the marriage. The following are three things you should know about [retirement distribution in your divorce](https://familylawadvocate.com/divorce/property-division/).

1. **Retirement Benefits Often Have Characteristics of Marital and Non-Marital (or Separate) Property

In general, any property acquired prior to the date of marriage typically will be classified as separate property. Any property acquired after the date of marriage typically will be classified as marital property and subject to distribution unless an exception applies (e.g., inheritances, gifts to only one spouse, or property expressly excluded in a prenuptial agreement).

Because retirement accounts often get opened prior to a marriage but have significant contributions that occurred after the date of marriage, retirement accounts often have characteristics of both marital and non-marital property. Accordingly, the court must look closely at these accounts to determine which portion are subject to division.

2. **Pensions Must Be Distributed Slightly Different Than Other Types of Retirement Benefits**

If you have a pension from a public or government entity in Illinois, it is important to know this retirement account must be distributed slightly differently than other types of retirement accounts. More precisely, you must use a Qualified Illinois Domestic Relations Order (QILDRO) to allow the State Employees’ Retirement System of Illinois (SERS) to pay out a portion of the account. Other types of retirement accounts can be distributed through a Qualified Domestic Relations Order (QDRO).

3. **QILDROs and QDROs Allow Retirement Benefits to Be Distributed without a Penalty**

If you withdraw money from a state pension or another type of retirement account prior to the age of retirement, you must pay taxes on that money, and will also be responsible for paying a 10 percent early withdrawal penalty. By using a QILDRO or QDRO as part of your divorce, you can take money out of your retirement account without paying that penalty. If it goes directly into your spouse’s retirement account (a transfer from one retirement account to another), no taxes will be paid on the money at the time of transfer.

**Contact a Divorce Lawyer in Chicago**

Dividing retirement benefits in a divorce can be extremely complicated. If you have concerns or questions, a [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Retirement Distribution

---

### [Can I Get Divorced in Illinois If I Got Married Abroad?](https://familylawadvocate.com/can-i-get-divorced-in-illinois-if-i-got-married-abroad/)

**Published:** February 27, 2020
**Author:** familylawadvocate

**Content:**

**Can I Get Divorced in Illinois If I Got Married Abroad?**

**By: Gordon & Perlut, LLC**

If you got married outside Illinois but currently live in the Chicago area — or will soon be moving to Cook County and are thinking about [filing for divorce](https://familylawadvocate.com/divorce/information/), you may wonder if you can. What if you got married outside the United States?

In short, the answer to these questions is often “yes” as long as you meet the residency requirements for getting divorced in Illinois. The [Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA) governs matters pertaining to divorce requirements in the state. We will provide you with more information about getting divorced in Illinois if you got married abroad.

**You Will Need Proof of a Foreign Marriage**

You will need to have proof you got married outside of Illinois in order to be eligible to get divorced in Illinois, and there are multiple ways to provide that proof. The IMDMA specifically states:

“A marriage which may have been solemnized or had in any foreign state or country, may be proved by the acknowledgement of the parties, their cohabitation, and other evidence.”

In addition, the IMDMA clarifies that “certified copies of records of a marriage performed in any foreign state or country obtained from an authorized state governmental unit, embassy, or consulate may be admitted as an exception to the hearsay rule.”

**Residency Requirements to Get Divorced in the Chicago area**

In addition to providing proof of a foreign marriage, you will need to meet certain residency requirements in order to be eligible for a divorce in the Chicago area. If you have recently moved to Chicago or the surrounding area, or even to Illinois, you or your spouse must reside in the state for at least 90 days before you can file for divorce. The IMDMA says, for an Illinois court to enter a judgment of dissolution of marriage, the following must be true:

“When at the time the action was commenced \[the petition for dissolution of marriage\] one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action.”

Beyond the 90-day residency requirement, there is the issue of “venue”. There is a specific residency requirement if you want to file in any Illinois county, namely, that at least one of the parties must be a current County resident. If there are minor children from the marriage, there may be additional residency requirements to file in Illinois.

**Contact a Chicago Divorce Attorney**

Do you have questions or concerns about filing for divorce in Chicago or the Chicago area after getting married abroad? A dedicated [Chicago divorce lawyer](https://familylawadvocate.com/) at our firm can help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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---

### [5 Things to Know About Child Support in Illinois](https://familylawadvocate.com/5-things-to-know-about-child-support-in-illinois/)

**Published:** March 4, 2020
**Author:** familylawadvocate

**Content:**

**5 Things to Know About Child Support in Illinois**

**By: Gordon & Perlut, LLC**

When you are in the process of getting divorced or are separating from a partner with whom you have minor children, you should be prepared to be possibly pay a [child support](https://familylawadvocate.com/divorce/child-support/) obligation. You and the other parent will share that obligation, as Illinois expects both parents to contribute to their kids’ financial well-being. If you are getting divorced or splitting up with your child’s other parent, you should learn more about how the[ Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA) handles certain child support issues.

**1. Illinois Now Uses an “Income Shares” Model for Calculating Child Support**

Illinois recently switched to an [“income shares” model of child support](about:blank). This means the court combines both parents’ incomes, calculates the total child support obligation based on that amount (from existing guidelines) and then assigns a percentage of that amount to each parent based on each parent’s total income and other factors.

**2. Number of Overnights With Your Kids Can Impact Your Child Support Obligation**

The number of overnights you have with your kids can affect your overall child support obligation. This is most common when one parent has a majority of parenting time (many more overnights than the other parent). The parent with fewer overnights may be responsible for a larger percentage of the child support obligation.

**3. Illinois Law Outlines Penalties for Nonpayment of Child Support**

Under the IMDMA, a parent who has not met his/her child support obligation can face numerous additional costs and penalties. For example, a child support obligation that goes unpaid will accrue simple interest over time. In terms of penalties, Illinois can take a variety of steps to hold a nonpaying parent accountable, including suspending a parent’s driving privileges.

**4. Child Support Can Be Modified Under Certain Circumstances**

If you unexpectedly lose your job or suddenly cannot work due to an injury, you may be able to modify your child support obligation. You will need to be able to show there has been a substantial change in circumstances that necessitates a modification, and you should file a Motion with the Court immediately, as the Court can not lower your child support before the date of the filing of that Motion.

**5. Parents May Be Ordered to Contribute to Educational Expenses (or College Expenses)**

Support for your children does not necessarily end when they turn 18 and graduate from high school. While many states do not have specific provisions for educational or college expenses, Illinois does. An Illinois court can order one or both parents contribute to the child’s educational expenses, which can include the actual cost of post-secondary expenses, including college or university tuition and fees, as well as the actual costs of housing and other expenses. However, it is important to know educational expenses do not include any amount that it might cost to attend an expensive private university. Rather, educational expenses are limited to “the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year.” The child does not have to attend the University of Illinois at Urbana-Champaign, but the required expenses cannot exceed the costs that a student there would incur, except by agreement.

**Contact a Chicago area Child Support Lawyer**

Planning for and calculating child support in Illinois can be complicated and it is difficult to know what your rights and obligations are when you lose your job or otherwise cannot afford to pay your child support obligation. An experienced [Chicago child support attorney](https://familylawadvocate.com/contact-us/) at our firm can speak with you today about your case. [Gordon & Perlut, LLC](https://familylawadvocate.com/) for more information.

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**Categories:** Child Support Lawyer

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### [Key Things You Should Know About Establishing Paternity](https://familylawadvocate.com/key-things-you-should-know-about-establishing-paternity/)

**Published:** March 11, 2020
**Author:** familylawadvocate

**Content:**

**Key Things You Should Know About Establishing Paternity**

**By: Gordon & Perlut, LLC**

There are many reasons a person may want to establish paternity. Sometimes a birth mother may want to establish paternity in order to force the child’s father to pay [child support](https://familylawadvocate.com/divorce/child-custody/). At the same time, many fathers seek to establish paternity in order to have [parental responsibilities](https://familylawadvocate.com/fathers-rights/) and rights, including significant decision-making responsibilities and parenting time. Yet there are other reasons to establish paternity, too. There are many details you need to know if you want to establish paternity in the Chicago area. The following are key things you should know about establishing paternity in Illinois.

**Illinois Law Governs Paternity Issues in the Chicago area**

The Illinois Parentage Act of 2015 (750 ILCS 46/) governs most matters related to paternity in Illinois. According to the statute, the following is the public policy of Illinois: “Illinois recognizes the right of every child to the physical, mental, emotional, and financial support of his or her parents.” The statute also clarifies that “the parent-child relationship, including support obligations, extends equally to every child and to his or her parent or to each of his or her two parents, regardless of the legal relationship of the parents, and regardless of whether a parent is a minor.”

**You will Need to Establish Paternity in Order to Obtain Parental Rights or Child Support**

People need to establish paternity in order to obtain parental rights or to require the other parent to contribute to the child support obligation.

**Establishing Paternity Can Be Important for Reasons Beyond Parental Rights or Child Support**

Beyond parental responsibilities and child support, there are many other reasons that establishing paternity can be important. For example, a child may want or need to obtain information about his/her medical history. Establishing paternity can also give a child certain financial security, including rights to an inheritance or to certain types of benefits (like Veteran’s benefits or Social Security benefits).

**Illinois Recognizes Three Ways of Establishing Paternity**

Illinois recognizes three different ways of establishing paternity:

- Voluntary Acknowledgement of Paternity (VAP) form both parents complete and sign, and which is properly witnessed and filed with the Illinois Department of Healthcare and Family Services;
- Administrative Paternity Order establishes paternity and is entered by the Illinois Department of Healthcare and Family Services Child Support Services; or
- Mental health treatment preference declaration; and
- Order of Paternity established in a court.

To be clear, a VAP is something parents who are not married sign in order to establish paternity. There are multiple places to obtain a VAP form.

**Voluntary Acknowledgement of Paternity (VAP) Forms Can Be Rescinded**

If one of the parents changes his/her mind about signing the VAP, it is possible to rescind. To do so, a parent must complete a Rescission of Voluntary Acknowledgement of Paternity, or a Rescission of Denial of Parentage. However, this must be done **within 60 days** of the date the parent initially signed the VAP form.

Accordingly, proper completion of a VAP form is not an absolute guarantee that no future paternity issues or questions of a support obligation will arise.

**Contact a Paternity Lawyer in Chicago and Northeast Illinois**

Establishing paternity is complicated, and you should always have a dedicated attorney on your side who can assist you. If you have questions about establish paternity or need help with a paternity case, an experienced Chicago paternity lawyer at our firm can get started on your case today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with a Chicago area family law attorney, with offices in Chicago and Skokie, Illinois.

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**Categories:** Paternity Rights in Chicago

---

### [Top Questions to Ask a Divorce Attorney](https://familylawadvocate.com/top-questions-to-ask-a-divorce-attorney/)

**Published:** April 7, 2020
**Author:** familylawadvocate

**Content:**

**Top Questions to Ask a Divorce Attorney**

**By: Gordon & Perlut, LLC**

Finding the best [Chicago divorce lawyer](https://familylawadvocate.com/divorce/) in the Chicagoland area to handle your case can be a complicated and time-intensive process. Before you hire a [divorce attorney in Chicago](https://familylawadvocate.com/divorce/) or the surrounding counties to handle your case, it is extremely important to meet with lawyers in person and come prepared with a set of questions that can help you to determine who is the right advocate to assist with your divorce or family law case. A divorce is often one of the most difficult experiences in a person’s life. As such, it is important you have a lawyer on your side with experience handling cases like your own, and who has a plan that is compatible with your goals.

When you are meeting with a Chicago area divorce lawyer, the following are questions (with explanations) that you should consider asking. Of course, if there is an issue of great importance to you, add that question to your list.

1. **Have You Handled Cases Like Mine Before?**

Even though many divorces in Chicago are relatively straightforward under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), it is still important to have a lawyer on your side with experience handling cases with fact patterns similar to yours. Whether you are preparing for a divorce after a long-term marriage or a high net worth divorce, you want to make sure you have an attorney who understands the issues you are facing.

2. **How Will I Communicate With You?**

Can you call your divorce lawyer at any time? Can you exchange text messages or emails? Depending upon your preferred method of communication, you want to make sure you will be able to stay in contact with your attorney. You should also find out how frequently your lawyer plans to communicate with you.

3. **Who Will Work On My Case?**

Will people other than the lawyer work on your case, such as paralegals or legal assistants? What are their qualifications?

4. **How Much Should I Expect to Pay?**

The financial realities of divorce can be difficult to talk about, but you should always find out how much a divorce lawyer costs and what they anticipate (roughly) the total cost of your divorce may be in the end. You should also feel comfortable asking about ways to keep costs down where possible, and you should always work with a lawyer who wants to avoid litigation when possible and who has your best interests in mind. If a lawyer is not willing to help you work toward an uncontested divorce, or does not seem interested in helping you to negotiate with your spouse toward a property settlement or the development of a parenting plan, that lawyer may not be the right person to handle your case.

5. **What do Previous Clients have to say?**

Whether through reviews or testimonials, a divorce lawyer should be able to point you toward information from clients whose divorce cases they have handled in the past. You might specifically ask to learn more about client experiences when those clients had divorce cases with fact patterns like your own case.

**Contact a Divorce Lawyer in Chicago**

Do you need help with your divorce? A [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about our services.

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**Categories:** Divorce Attorney

---

### [Child Support During COVID-19](https://familylawadvocate.com/child-support-during-covid-19/)

**Published:** April 9, 2020
**Author:** familylawadvocate

**Content:**

**Child Support During COVID-19**

**By: Gordon & Perlut, LLC**

COVID-19 (coronavirus) has disrupted everything in our daily lives. What if you owe child support but are not working? What if you receive and depend upon child support, during this crisis? The answer to the first question is: Has the income/employment of the parent paying child support changed? If the answer is no, then nothing should change and child support should continue to be paid.

What if you have lost your job, been furloughed, laid off, etc. and are required by Court Order to pay child support? You need to remember that your child support obligation does not automatically stop. You MUST take action to relieve yourself of the responsibility to pay child support. To do that you need to file a Petition with the Court to modify or abate your child support obligation until you return to work. Even though the courthouses are closed, they are operating, and an attorney can help you file the necessary documents. The Court cannot lower, suspend or abate your support before the date you file a Petition, so filing the petition is essential. If you do not, you can be held responsible for any child support you did not pay, even if you were not working. Eventually, the Petition will be presented, and even if (by that time) you have returned to work, the Court can modify your support between the date you filed your Petition and when you return to work.

If you are not working and are eligible to apply for unemployment, make sure you request a dependency allotment. This will increase the benefit you receive and often the Judge will order that the additional benefit be turned over to the party for child support while you are not working.

What if you are owed child support the payor stops paying? The first question is: Did his/her increase decrease or did he/she lose their job or get laid off? If the answer is yes, then you may want to wait a few weeks and see what happens. If you proceed to court now, the other parent will probably file a Petition to modify the child support and the Judge will almost certainly agree to suspend support for now. You could always wait and see what happens over the coming weeks as the payor may quickly get back to work. But, what about the child support for the weeks that went unpaid? Technically, the payor still owes it if they did not file a Petition to stop their obligation; it is up to you if you want to enforce that requirement or work with the payor to reach an alternative resolution.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Child Support Attorney

---

### [Access to Court During Coronavirus Pandemic](https://familylawadvocate.com/access-to-court-during-coronavirus-pandemic/)

**Published:** April 9, 2020
**Author:** familylawadvocate

**Content:**

**Access to Courts During Coronavirus Pandemic**

**By: Gordon & Perlut, LLC**

**Agreed Orders**. If parties can reach agreements on any pending issues in their case, including financial or temporary matters, such as parenting time orders, support orders, or any other agreements, those agreements can be entered by the Court. The agreement will need to be put into writing and can be submitted electronically to the Court for review and entered by the Judge.

**Non-Emergency Motions**. Either party can still file non-emergency motions, such as requests for child support, parenting time or other temporary relief, at any time. However, instead of attorneys and litigants having to appear in person in court to present their motions and for the other party to obtain time to respond to the new pleading and ultimately set a hearing for the court to rule, the Chief Judge of the Domestic Relations Division has entered a General Order to streamlines this process. This order automatically grants the responding party 21 days to file their response in writing to the Petition or Motion. The party who filed the Petition or Motion has an additional 7 days thereafter to reply, with neither party having to appear in Court. Thereafter, the Judge, in their discretion, has the option to rule on the matter or to schedule a telephonic or Zoom hearing, depending on the nature of the request. While the Court will not be able to address all issues in this manner, it allows the court to move forward cases until Courts reopens.

If a Motion or Petition was filed prior to the Court closure and the other side has already filed their response, a new motion can be filed requesting the matter be set for Hearing. The Judge, in his/her discretion, has the option to rule on the matter, schedule a telephonic or Zoom hearing depending on the nature of the request, or deny the request until Court resumes.

**Emergency Motions**.  A few Judges are available each day to hear emergency motions. However, the standard as to what currently constitutes an “emergency” is extremely high. If the Court determines the matter to be an emergency, the Judge can rule on the matter based solely on the pleading filed, schedule a telephonic or Zoom hearing, or require the attorneys and litigations to appear in person as a last resort.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** COVID-19

---

### [Immigration and Divorce: Important Things to Know](https://familylawadvocate.com/immigration-and-divorce-important-things-to-know/)

**Published:** December 31, 2019
**Author:** familylawadvocate

**Content:**

**Immigration and Divorce: Important Things to Know**

**By: M. Scott Gordon**

For some Chicago area residents, the prospect of divorce also brings significant issues about immigration status. Many people in Illinois and across the country have what is known as conditional permanent residence (CPR) as a result of marriage. As such, a divorce could change the immigrant’s status and that individual could end up facing additional legal issues concerning immigration. While immigration law in relation to family law matters can be incredibly complicated, we want to provide you with some basic things to know about immigration and [divorce in Chicago](https://familylawadvocate.com/divorce/information/). If you are facing concurrent divorce and immigration issues, you should get in touch with a Chicago divorce lawyer to discuss your case.

**Divorce – and Even Separation – May Affect a Person’s Conditional Status**

If you obtained conditional permanent residence status through marriage, then getting separated or divorced could affect your status. When you got married and received [conditional permanent residence status](https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence), you most likely received a Green Card, which was valid for two years, according to U.S. Citizenship and Immigration Services (USCIS). In order to remain as a permanent residence in the U.S., you would have learned of a requirement to file a petition to remove that “conditional” status during the 90-day period before your Green Card expires. That petition gets filed through a Form I-751 – a “Petition to Remove Conditions of Residence.”

For married couples, the form typically will be filed by both spouses and will include documentation to prove they are still married. If you are only separated, it may still be possible for you to file Form I-751 jointly with your spouse. However, a divorce is different. It legally ends the relationship. To be sure, an immigrant spouse may not be approved for permanent residence – without the “conditional” status – if a divorce will be finalized before the Form I-751 must be filed. If this is the case, you will need to file the Form I-751 on your own and you will also need to request a “waiver.” If you are only separated, but your spouse will not jointly sign the form, you will likely need to request a waiver.

**Requesting a Waiver if You Are Divorce or Your Divorce Will Be Finalized Soon**

If you cannot file Form I-751 jointly with your spouse because of separation or divorce, you will need to include your request for a “waiver,” meaning a request to waive the requirement that Form I-751 gets filed jointly by the spouses. When you request a waiver, you will need to provide an explanation why you are requesting the waiver. For example, you might explain you were married in good faith, but the relationship legitimately did not last. You may also cite domestic violence by your spouse after entering a good-faith marriage, or risk of harm or hardship if you were to be forced to return to the country where you are still a citizen.

If you get divorced and must file with a waiver, you will need to include evidence of a “good-faith marriage.” In other words, you will need to provide evidence, which proves you did not get married solely for the purpose of becoming a U.S. citizen. There are a variety of materials you can submit, from proof of minor children from the marriage to copies of letters or gifts between you and your spouse.

**Seek Advice from a Divorce Lawyer in Chicago**

If you have concerns about your immigration status and your plans for divorce, it is extremely important to get legal help as soon as possible. An experienced Chicago divorce lawyer can discuss the divorce process with you. We can help you to understand the timeline and how it may impact your immigration case. Contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about our family law practice in the Chicago area.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Divorce Lawyer

---

### [Welcome to our blog](https://familylawadvocate.com/welcome-to-our-blog/)

**Published:** September 12, 2014
**Author:** familylawadvocate

**Content:**

Welcome to the official blog of Gordon & Perlut, LLC. We will begin posting on this blog shortly, so please check back regularly for updates about the firm, notable cases and more.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Uncategorized

---

### [How Does Domestic Violence Affect Child Custody and Visitation?](https://familylawadvocate.com/domesticviolenceandchildcustody/)

**Published:** November 14, 2014
**Author:** familylawadvocate

**Content:**

**How Does Domestic Violence Affect Child Custody and Visitation?**

**By: M. Scott Gordon**

People with children often stay in an abusive relationship in an effort to protect the children. While this may seem strange, the abused may remain because they are afraid that the abuser would be awarded custody in a divorce. While there is no set law that spells out which parent gets custody in a divorce, a judge can consider the presence of domestic abuse in a relationship in making a custody judgment.

**Custody Determined by the Best Interests of the Child**

Illinois judges are required to consider the[ best interests of the child](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) when making decisions on child custody issues. In fact, the judge is supposed to presume that unless there is[ domestic abuse](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) involved, both parents working together for the mental, physical and emotional health of the child is in the best interest of the child. Furthermore, in order to determine the best interests of the child, a judge may consider several factors, including the following;

- The mental and physical health of the adults and the children involved;
- Any physical violence or threat of violence by a parent or other potential custodian seeking custody – either against the child or another person; and
- Any ongoing or repeated abuse either against the child or another person.

Domestic violence or abuse as used here refers to stalking, mental abuse, harassment and intimidation, as well as physical acts of violence.

If the judge considers the credible evidence of domestic violence presented, he or she would be unlikely to grant custody to an abuser. In some case, if the victim’s attorney requests it in a divorce proceeding, a judge can issue an order of protection to keep the abuser from harming the victim any further.

Similarly, with[ visitation](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), the court generally awards a parent reasonable visitation unless the court finds that visitation would seriously endanger the child’s physical, mental, moral or emotional health. The judge would conduct a hearing in order to make this determination. The judge may award visitation to a party suspected of domestic abuse in some cases, but may order the visitation to be supervised. If the suspected abuser is granted visitation, and the victim’s address is kept from the suspected abuser, the judge can order the visitation to take place at another person’s address, or at a public area or facility.

If a person is[ convicted of first degree murder](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) of a parent, grandparent, great-grandparent, or sibling of a child, they cannot be granted visitation unless a judge finds, after careful consideration of the best interests of the child, that visitation would not be harmful to the child mentally, physically, emotionally, or morally. If a visitation order is not in place, no one should take the child to visit a parent convicted of first degree murder of one of the people listed above (contact an attorney). If visitation has already been granted, a parent or legal guardian can bring a motion to modify or revoke the grant of visitation rights.

**Contact an Illinois Family Attorney**

If you are the victim of domestic violence and going through a divorce, you may be worried about the court granting custody or visitation to the abuser. Contact our compassionate and experienced divorce attorneys at[ Gordon & Perlut, LLC](https://familylawadvocate.com/divorce/information/) for a consultation on your case.

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**Categories:** Domestic Violence

**Tags:** Domestic Violence Affect Child Custody

---

### [What is An Order of Protection? Chicago Family Law](https://familylawadvocate.com/orderofprotection/)

**Published:** November 24, 2014
**Author:** familylawadvocate

**Content:**

Domestic violence is a[ criminal offense in Illinois](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59), but can also be addressed civility, and is defined as the stalking, physical abuse, threatening, harassing, or interfering with the personal liberty of another family or household member. Physical abuse in this context can include hitting, choking or kicking the other person.[ A family or household member](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) is defined as a spouse, former spouse, parent, child, stepchild and other person related by blood or by present or prior marriage. Additionally, it can also[ include](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) dating couples, roommates, and other people.

**Protection from Domestic Violence**

Victims of domestic violence need protection from the abuser, and in addition to calling the police, a victim can petition a judge for a civil order of protection.[ Orders of protection](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) are court orders issued against an abusive family or household member. An order of protection can be issued as an emergency, without notice, if warranted.  Emergency orders last from[ 14 to 21 days](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59), temporary or interim orders last for[ 30 days](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59), while plenary orders of protection can last[ up to 2 years](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59). A domestic violence victim can request an order of protection in civil court during a divorce or as an independent court action through a private attorney, or request one as part of a criminal prosecution by an assistant state’s attorney.

When an order of protection is entered, it can restrict the abuser in several ways. The order may require the abuser to[ do or keep from doing a range of thing](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59)s, including the following:

- Stop abusing the victim;
- Vacate a home shared with the domestic violence victim – the abuser can be ordered to vacate the home even if he or she owns it if the victim also has a right to live there;
- Keep the abuser from the victim’s workplace, children’s schools or other locations;
- Stay away from the victim and his or her children;
- Attend counseling; and
- Return children the abuser may be hiding from the victim – if the victim is awarded custody.

Should a person who is subject to an order of protection violate it by contacting a victim, or refusing to leave the home if so ordered, the victim can call the police.[ Violating an order of protection is a crime](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4) in Illinois, and depending on a person’s criminal history, it can be a misdemeanor or a felony. An attorney acting on behalf of the victim can also petition a court to find a person in contempt of court for violating an order of protection.

Sometimes a person can claim to be a victim of domestic violence in order to gain leverage in a divorce or other proceeding. If a person makes false statements in an attempt to get an order of protection, they can be[ liable for any expenses](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) the person accused of domestic violence incurs in connection with the accusations, including attorney’s fees. In addition, the State’s Attorney[ may prosecute](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) the accuser for perjury.

**Contact a Chicago Divorce Attorney**

If you need an Order of Protection to protect you from an abusive spouse or other individual, or if an Order of Protection has been against you, contact an experienced Chicago divorce attorneys and family law attorneys at[ Gordon & Perlut, LLC](https://familylawadvocate.com/) for a consultation today.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Order of Protection

**Tags:** Chicago Family Law, Family Law Chicago, Order of Protection

---

### [Legal Guardianship Chicago - What you should know](https://familylawadvocate.com/legalguardianshipchicago/)

**Published:** February 25, 2015
**Author:** familylawadvocate

**Content:**

**Legal Guardianship Chicago – What you need to know**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

 What is[ legal guardianship](https://familylawadvocate.com/divorce/child-custody/), and what does it have to do with divorce? In general, a[ guardianship](https://familylawadvocate.com/divorce/child-custody/) is a legal relationship between an adult and a minor child (or disabled adult). With children, the guardian doesn’t take the legal place of the child’s parents—a guardianship is very different from an adoption in this way—but rather makes certain decisions for the child and/or acts in the child’s best interest.

Under Illinois law,[ different kinds of guardianships](https://familylawadvocate.com/divorce/child-custody/) exist. When we’re talking about the guardianship of a child, the law recognizes four different types of guardians. It’s important to understand how different types of guardianships work in our state, and why guardians sometimes are appointed for children in the middle of a custody battle.

**Different Types of Guardianship**

Different kinds of guardianships exist in Illinois, and they include the following:

- Permanent legal guardian: this kind of guardian is responsible for feeding, clothing, and housing a child, as  well as ensuring that the child receives an education;
- Guardian ad Litem, or “GAL”: this type of guardian is someone who is appointed by a judge in child custody dispute to investigate a child’s current living or custody situation and to make a recommendation concerning the best interests of the child;
- Standby guardian: in the event that a parent or other legal guardian suddenly passes away or becomes unable to care for the child, the standby guardian steps in. Standby guardians usually are appointed by the parent or legal guardian; and
- Short-term guardian: this type of guardianship typically occurs when a parent or other legal guardian appoints another person to care for his or her children for one year or less.

Guardians can be appointed in many different kinds of situations. In some cases, a court will appoint a guardian to act in the child’s best interest. In some divorce and custody proceedings, the judge will appoint a GAL, for instance, to investigate the child’s situation. Unlike a GAL, it’s often a parent who appoints a standby guardian or a short-term guardian.

Particularly contentious divorces can sometimes lead a grandparent or other close relative to seek legal guardianship of a child. Such cases can be extremely complicated, and you should always discuss your situation with an experienced Chicago divorce lawyer.

**Requirements for Guardianship**

What do guardians of minor children have in common? Under Illinois law, in order to become a guardian of any type (other than a GAL), you must meet the following requirements:

- You must be at least 18 years old;
- You must be a U.S. resident;
- You must be of sound mind;
- You must not have been found to be disabled by a court; and
- You must not have any felony conviction that involved harm or the threat of harm to a child.

In addition to becoming the guardian of a child, Illinois can also appoint guardians for disabled adults. While this type of guardianship appears less frequently in divorce cases and family law situations involving custody disputes, it’s important to know that guardians do exist for persons other than minor children.

If you have questions about child custody or guardianship, you should contact an experienced[ Chicago family law attorney](https://familylawadvocate.com/contact-us/) as soon as possible. Issues of guardianship can be quite complicated, and it’s important to have a dedicated advocate on your side. At the law offices of Gordon & Perlut, LLC, we have years of experience handling guardianship matters in the Chicago area.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Legal Guardianship, Legal Guardianship

**Tags:** Divorce Chicago, Legal Guardianship, Legal guardianship attorney chicago

---

### [Spousal Maintenance: Does Gender Matter?](https://familylawadvocate.com/spousalmaintenancegender/)

**Published:** March 5, 2015
**Author:** familylawadvocate

**Content:**

Spousal Maintenance: Does Gender Matter?

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Who typically pays alimony, or[ spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/ "spousal maintenance")? According to a[ recent article](http://americannewsreport.com/pays-alimony-8821559) in the *American News Report*, many Americans continue to operate under the assumption that men usually are the payers of[ spousal support](https://familylawadvocate.com/divorce/child-support/ "child support") in the event of[ divorce](https://familylawadvocate.com/divorce/ "Chicago Divorce"), while women tend to be the payees. Given that social changes related to divorce and women’s roles at home and in the workplace have shifted dramatically in the last couple of decades, does the assumption have any truth to it?

**Men Pay More Alimony Than Women**

Believe it or not, statistics show that men still pay a surprisingly high amount of the spousal maintenance payments that exist across the country. Based on numbers from the 2010 Census, about 400,000 people in the country received alimony or some form of spousal maintenance. When we look at the gender breakdown, the numbers are shocking: only 3% of the people who received spousal support were men. To put that number in perspective, men constitute only 12,000 of the total 400,000 people receiving support.

Yet what’s even more surprising is that this number might represent a significant increase from previous decades. To be sure, a survey conducted in 2012 by the American Academy of Matrimonial Lawyers suggested that nearly 50 percent of those surveyed had “noticed an increase in the number of wives paying alimony.” Could it be that those 12,000 men receiving alimony actually represent a higher number than what the courts used to see?

Several recent cases in various states have emphasized that women who have “substantially more income and assets than her husband may be required to pay alimony.” Indeed, the recent shift in Illinois guidelines to determine the amount of spousal maintenance suggests that more women may become the payers.

**Determining Spousal Maintenance**

It’s clear that gender has been a factor when we reexamine alimony trends—men tend to be the ones paying, and women tend to be the ones receiving the money. But how significant are the historical issues that have resulted in this gender divide? And can gender continue to be a predictor for spousal support trends?

Historically, women weren’t the primary earners in the family. Indeed, many would stay at home and act as caregivers to children. Since women tended to “earn” in these different ways, they didn’t always have a substantial income when it came time for divorce. As such, judges have been able to consider factors like the duration of a couple’s marriage and whether one of the spouses stayed at home during the marriage—historically speaking, the wife—so the other spouse—historically speaking, the husband—could advance his career.

But these historical trends, in many ways, seem to be things of the past. More women have careers, and more men are making the decision to stay at home and raise the couple’s children. As such, we may see the spousal support percentages shifting even more in the coming years.

Spousal support can be a contentious issue in Chicago divorces. Even though Illinois lawmakers have attempted to streamline the process of determining the amount of spousal support awarded by adopting new guidelines, it’s very important to discuss your case with an experienced[ Chicago divorce attorney](https://familylawadvocate.com/contact-us/). Contact the professionals at Gordon & Perlut, LLC for assistance in your case.

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**Categories:** Spousal Maintenance

**Tags:** Chicago Spousal Maintenance, Spousal Maintenance, Spousal Maintenance: Does Gender Matter

---

### [Family Law Chicago - Modern Family Norms](https://familylawadvocate.com/family-law-chicago-modern-family-norms/)

**Published:** May 2, 2015
**Author:** familylawadvocate

**Content:**

Family Law Chicago – Modern Family Norms

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

In general, families don’t look the way they did 50 or 60 years ago. To be sure, the postwar trend to get married, have children, and grow old (even in an unhappy marriage) just isn’t the norm in the 2000s. Nowadays, most families don’t have the same makeup. But have [Family Laws](https://familylawadvocate.com/family-law/ "Family Law Chicago") [governing family relationships](https://familylawadvocate.com/divorce/information/) in Chicago kept pace?

Some families are “blended,” with stepparents, stepchildren, and half-siblings. Adoption has also become more feasible for Chicago families in the last few decades, and family makeups have continued to expand since same-sex marriage was legalized in Illinois. Has[ Illinois family law](https://familylawadvocate.com/divorce/information/) made changes to accommodate these shifts in the typical family structure?

**Making Updates to Divorce Laws and Child Custody Laws**

According to a[ recent article](http://illinoistimes.com/article-15183-modern-family.html) in the *Illinois Times*, the divorce laws in our state largely haven’t been updated in 40 years. To be sure, the current law that governs marriage and divorce in Illinois was passed back in 1977. That law is known as the Illinois Marriage and Dissolution of Marriage Act.

Now, however, the Illinois Family Law Study Committee has something to say about that. The Committee is “a legislative advisory group created to make recommendations for updating the state’s marriage law.” What’s the Committee currently doing? It’s proposing changes to the law that it has “been fine-tuning for seven years.” And it’s attempting to “incorporate modern cultural norms and values surrounding divorce and child custody.”

A lawyer who is the chairman of the Family Law Study Committee has emphasized that the proposed changes to the 1977 law are looking good. Although some commentators still aren’t pleased with what the Committee has developed, the chairman said that the changes make the law look “much better than what it was when it was written 40 years ago.”

**Notable Proposed Changes**

One of the most radical proposed changes to the law concerns child custody. Indeed, Senate Bill 57 “removes the concept of custody, joint or otherwise.” Rather than courts giving sole or joint custody to one or both parents, the bill proposes that courts assign specific childcare responsibilities to the parents. This shift could be particularly helpful in heated custody battles, as it “avoids creating winners and losers.”

Generally speaking, Illinois courts won’t assign joint custody if it appears as though the parents will not, under any circumstances, be able to communicate with one another. In such a situation, assigning sole custody to one parent often increases hostility between the parents.

Proposed changes, if passed, would also impact divorce proceedings. For instance, the bill would eradicate a separate hearing, in a divorce case, “in which couples have to prove to a court why they should be granted a divorce.” Such hearings require the spouses to “say negative things about the other person to get a divorce,” which often breeds hostility.

In addition to getting rid of these hearings, the bill also aims to excise the “heart-balm” provisions of the law, which allow one spouse to sue the other spouse for destroying the marriage on the ground of infidelity. While these kinds of cases don’t often arise in Illinois courts, maintaining the possibility for them on the books says something about divorce and its adversarial nature.

Are you thinking about filing for divorce? Do you have questions about how the proposed changes to the Illinois marriage, divorce, and child custody laws could affect you? Contact an experienced[ Chicago family law attorney](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC to learn more about how we can help.

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Modern Family Norms

**Tags:** Family Law and modern family norms, Family Law Chicago, Family Law Lawyer Chicago

---

### [Chicago Spousal Maintenance and Same-Sex Marriage](https://familylawadvocate.com/chicago-maintenance-same-sex-marriage/)

**Published:** May 7, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Spousal Maintenance and Same-Sex Marriage**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

For Illinois residents who are thinking about [filing for divorce](https://familylawadvocate.com/divorce/information/ "Filing for Divorce"), it’s important to know a little bit about the new [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/ "spousal maintenance") guidelines that went into effect earlier this year. But given that same-sex marriage has only been legal in Illinois for fewer than two years, will the guidelines apply differently in practice to[ same-sex couples seeking a divorce](https://familylawadvocate.com/divorce/ "same-sex couples divorce")? In other words, do spousal maintenance laws apply equally to opposite-sex married couples and same-sex married couples?

**Basics of the New Spousal Support Guidelines**

Spousal maintenance, also known as spousal support or alimony, is what one spouse pays to the other in certain divorce cases. The amount and duration of support is specific to each couple’s situation, and it depends heavily on the payor spouse’s earnings, the payee spouse’s earnings, and the length of the marriage.

The new guidelines, which went into effect in January, 2015, apply to couples that have a combined gross income of under $250,000. Judges aren’t required by law to use the guidelines—hence the term guidelines—but the guidelines mean that spousal maintenance will be much easier to predict when you are getting divorced in Chicago and the surrounding Chicago counties.

Here’s a quick reminder of how the guidelines work: annual spousal maintenance should equal 30 percent of the payor spouse’s gross income minus 20 percent of the payee spouse’s gross income. The only catch is that the total amount of spousal maintenance can’t go beyond 40 percent of the combined gross income of both spouses. So, if the payor spouse makes an annual gross income of $120,000 per year and the payee spouse makes an annual gross income of $60,000 per year, the equation would look like this:

$120,000 x .30 = $36,000 (30 percent of the payor spouse’s annual gross income)

$60,000 x .20 = $12,000 (20 percent of the payee spouse’s annual gross income)

$36,000 – $12,000 = $24,000 (the total annual maintenance for the payee spouse)

This is a simple calculation, and child support will effect these numbers. The new law also takes into account the length of the marriage, going in five-year increments. Once a couple has been married for 20 years or more, the court has discretion to award permanent spousal maintenance. But what does this aspect of the new guidelines mean for recently married same-sex couples?

**Applying the Spousal Maintenance Guidelines to Same-Sex Couples**

As of February 21, 2014, same-sex couples could apply for marriage licenses in Illinois. On that date, couples who were in civil unions also were given the option to convert their civil unions into marriages. Under Illinois law, same-sex couples are eligible to use the date of their civil union as the date of their marriage. The same laws that apply to opposite-sex married couples as of February 2014 also apply to same-sex married couples. In other words, laws pertaining to married couples—both opposite-sex and same-sex couples—are governed by the[ Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (750 ILCS 5/).

As such, the new spousal maintenance guidelines should be applied equally to opposite-sex and same-sex married couples. Just as same-sex couples are entitled to marry in Illinois, they can also file for divorce. Given that the new guidelines also take into account length of marriage, however, same-sex couples—despite having lived in a domestic partnership for years or even decades—likely will see those formulas applied uniformly based on the marriage date.

However, each situation is different, and every divorce case has its own nuances and complications. If you have questions about spousal maintenance in Chicago or the surrounding Chicagoland area, contact an experienced[ Chicago divorce lawyer](https://familylawadvocate.com/contact-us/ "contact us") at Gordon & Perlut, LLC today to learn more about your rights.

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**Categories:** Divorce, Spousal Maintenance & Same-Sex Marriage

**Tags:** Chicago Spousal Maintenance and Same-Sex Marriage, Same-Sex Marriage, Spousal Maintenance

---

### [Chicago Child Custody without a court order](https://familylawadvocate.com/chicago-child-custody/)

**Published:** May 26, 2015
**Author:** familylawadvocate

**Content:**

**Child Custody without a Court Order**

By M. Scott Gordon

When a couple with children divorces, a judge will issue a child custody order as part of the process of dissolving the marriage. However, for parents who were not married when their child was born, and who have now parted ways, it is common to not have a formal custody agreement. Just because there is no legal document that lays out the rights and responsibilities of each parent, it does not mean that both parents will be treated equally under the law if a dispute arises. If your child’s other parent is trying to take your child from you or prevent you from seeing them, you should speak to an experienced [child custody lawyer](https://familylawadvocate.com/divorce/child-custody/) right away.

Illinois law declares that the parent who has physical possession of the child has de facto custody, in the absence of a custody agreement or order to the contrary. This means that if your child lives with you, you are considered to be their primary legal guardian.

Either mothers or fathers can be the “default” custodial parent. Unlike mothers, who are legally considered parents by virtue of giving birth to a child, fathers of children born out of wedlock must legally establish paternity. Paternity can be established either by voluntarily signing an agreement, or by being proven to be the father in administrative or court proceedings. However, being a parent officially listed on a child’s birth certificate does not automatically confer custodial rights to a mother or to a father. If you do not have physical possession of your child, you will have to fight to be granted sole or joint custody by a family law judge.

**Disputes Over Custody Can Be Messy**

Whether his paternity has been established or not, if a father takes a child away from the child’s mother, he runs the risk of being charged with child abduction under Illinois law. Although it is possible for a mother to be guilty of child abduction if she refuses to let a father with custody or visitation rights see the child, the law does not specifically address these circumstances. On the other hand, it does directly deal with child abduction by a father. The [Illinois Criminal Code](http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+10&ActID=1876&ChapterID=53&SeqStart=12300000&SeqEnd=13800000) says that a father who conceals a child without the consent of the “mother or lawful custodian” commits a Class 4 felony, which can be punished by jail time, a fine, or both. This law has resulted in the solidification of the rule that mothers are the default custodial parent, in the absence of a formal custody arrangement.

**Seek Advice from a Dedicated Family Lawyer**
If you do not have a formal custody agreement with your child’s other parent, and you disagree on who should have custody of your child, you should consider enlisting an attorney to help you put an agreement in place. [Gordon & Perlut, LLC](https://familylawadvocate.com/) can help walk you through the process of clarifying your rights to custody or visitation to avoid any unpleasant disputes, and we are ready to represent you and your interests in court in order to get a legal custody agreement. [Contact ](https://familylawadvocate.com/contact-us/)our Chicago or Skokie offices today for a consultation on your [custody](https://familylawadvocate.com/divorce/child-custody/) matter.

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**Categories:** Child Custody without a court order

**Tags:** Chicago Child Custody, Chicago child custody lawyer, Chicago Child Custody Without a Court Order

---

### [Pathways to Divorce in Chicago under Illinois Law](https://familylawadvocate.com/pathways-to-divorce-chicago/)

**Published:** June 8, 2015
**Author:** familylawadvocate

**Content:**

**Pathways to Divorce in Chicago under Illinois Law**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Under [Illinois’ marriage dissolution law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000 "Illinois’ marriage dissolution law"), there are two possible ways to convince a judge to grant your divorce. If you are considering ending your marriage, you must either show that you and your spouse have [irreconcilable differences](https://familylawadvocate.com/divorce/fault-no-fault/ "irreconcilable differences") (“no-fault”), or that one of the grounds of divorce applies in your situation.

Historically, [divorces in Chicago](https://familylawadvocate.com/divorce/ "Divorces in Chicago") and Illinois were only granted if one spouse acted in a way that was considered “grounds” for divorce. Now, irreconcilable differences are a common reason for marriages to end, but some divorces are still based on the traditional grounds. Types of behavior that could precipitate a divorce for fault are laid out in Illinois law.

Divorce will be granted on the basis of physical cruelty, as long as the petitioning spouse can show that they endured extreme and repeated episodes of physical cruelty. Generally, this is designed to cover any act of violence that results in pain and physical harm. Along the same lines, mental cruelty is viewed by the court more in terms of the effect of a harmful action than in terms of the action itself. Mental cruelty involves a pattern of abusive and humiliating treatment that is meant to inconvenience, make miserable, or torture the other spouse. To be considered mental cruelty, the abuse must have occurred more than once, and a judge will not consider it mental cruelty if they believe that the abused spouse provoked the cruelty from the other spouse. The effect of the cruelty is factored in strongly, and an impact on the physical or mental health of the abused spouse must be shown.

Aside from the cruelty-based grounds of divorce, several other unsavory acts are set out in the law. Drug addiction or drug or alcohol abuse can be cause to sever a marriage, and it must be demonstrated to a judge that the other spouse’s addiction continued for at least two years.

Willful desertion or abandonment is a valid reason for a divorce, as long as a year has passed since the other spouse left. If your spouse is convicted of a felony, this will give you the right to divorce them, regardless of the nature of the felony. Adultery is another ground for divorce. Finally, infecting a spouse with a sexually transmitted disease is a valid reason for a divorce.

If you are facing any of these very difficult situations, having a [family lawyer in Chicago](https://familylawadvocate.com/family-law/ "family lawyer in Chicago") standing beside you to advocate for your interests can make a world of difference. Attorney M. Scott Gordon can support you through this painful period in your life, and will fight for you in divorce proceedings.

**A Dedicated Divorce Lawyer Can Help**

If you are considering a divorce, whether it is due to irreconcilable differences or one of the grounds of divorce laid out here, you owe it to yourself to enlist the help of experienced counsel. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to speak with a dedicated Chicago-area [divorce lawyer](https://familylawadvocate.com/divorce/ "Chicago Divorce Lawyer") who will support and guide you through every step of the process.

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**Categories:** Pathways to Divorce in Chicago

**Tags:** Divorce Lawyer Chicago, divorces in Chicago, Pathways to Divorce in Chicago

---

### [Moving Away and Chicago Child Custody](https://familylawadvocate.com/moving-chicago-child-custody/)

**Published:** June 17, 2015
**Author:** familylawadvocate

**Content:**

**Moving Away and Chicago Child Custody**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Moving from place to place in search of opportunity has always been the norm in the U.S., and these days, people and families are moving more than ever. According to the U.S. Census Bureau, the average American will move nearly 12 times in a lifetime.

While it can be beneficial to your career and quality of life to move, the disruption can pose legal problems in cases of [Chicago Child Custody](https://familylawadvocate.com/divorce/child-custody/ "Chicago Child Custody"). Non-custodial parents may oppose the move, arguing that it prevents them from valuable visitation time. Joint custodial arrangements can get even messier, with courts often stepping in to determine where a child will take up residence.

At Gordon & Perlut, LLC, we help parents manage an array of [Chicago Family Law](https://familylawadvocate.com/family-law/ "Chicago Family Law") issues before, during, and after a divorce. If you are planning a move and concerned about your options, schedule a meeting with one of our experienced Chicago family law attorneys.

**Obtaining Approval**

If you are planning a move out of state, you will need to seek approval from the court that determined child custody in your divorce case. Needless to say, this process is much simpler and more straightforward when there is mutual agreement between parents for the move to occur. When a move is contested, the court will take a variety of considerations into account, all related to the well being of the child. These include:

- **Quality of life**: The court will look more favorably on the move if you can demonstrate that your child’s life will measurably improve as a result. Factors such as access to education, family, and child care could potentially play a role.
- **Changes in income**: Are you taking a new job with a higher income? That could work in your favor as an increase in your child’s quality of life.
- **A new marriage**: Moving for a new marriage could work in your favor, as courts encourage cohesive family units.
- **Access to family**: Many people move to be closer to family members such as parents, siblings, and grandparents. Courts will often grant permission to move if you are leaving to be closer to your extended family.

Conversely, the court will also examine the negative impacts of reduced visitation time with the non-custodial parent, though the burden of proof will often fall on the parent who does not have custody. This process can be highly subjective. Having an attorney experienced in child custody matters will help to ensure that your rights as a parent are protected.

**Moving Forward**

If you are relocating as a result of a new job, you likely have limited time before you need to move away. In cases of contested child custody, you will want to speak to an experienced attorney as soon as possible about your options.
At Gordon & Perlut, LLC, we help parents throughout the Chicago area defend their parental rights in matters of child custody and family law. To learn more, or to schedule a meeting with a child custody lawyer, [contact us today](https://familylawadvocate.com/contact-us/).

 ![author avatar](https://secure.gravatar.com/avatar/a3b09d3df592170b30997042a951e83c904572484f5a6777a0d88886e04f76e8?s=300&d=mm&r=g) 

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**Categories:** Moving and Child Custody

---

### [Should the Law Encourage Joint Custody?](https://familylawadvocate.com/should-law-encourage-joint-custody/)

**Published:** June 24, 2015
**Author:** familylawadvocate

**Content:**

**Should the Law Encourage Joint Custody?**

By: M. Scott Gordon

A recent *[Chicago Tribune article](http://articles.chicagotribune.com/2014-06-01/news/ct-custody-disputes-met-0601-20140601_1_family-courts-richard-thomas-custody "Chicago Tribune article")* highlights an issue that comes up repeatedly in debates over Illinois family law: the determination of [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") in a divorce. Many parents contend that custody arrangements favoring one parent over another close them off from taking a meaningful role in the upbringing of their children, and have advocated for laws mandating joint custody arrangements. Opponents of such changes argue that judges need as much legal flexibility as possible to protect a child’s well being.

To get a better sense of the debate, it is important to take a step back and understand how child custody arrangements currently work in Illinois. Read on to learn more about [Illinois child custody laws](https://familylawadvocate.com/divorce/child-custody/ "Illinois child custody laws"), and how they factor into the larger debate over the rights of parents in a divorce.

**The Types of Custody**

Many parents misunderstand the meaning of the word “custody” in the context of a divorce. Having custody does not directly relate to the amount of time a child spends with his or her respective parent. It is, rather, the ability to make major decisions related to the child, such as where he or she goes to school, practices religion, or goes to the doctor.

There are two types of child custody in Illinois family law:

- **Sole custody** – In sole custody arrangements, one parent is the sole decision-maker for the child. While the other parent may have visitation rights, the parent holding sole custody will be responsible for all major parenting decisions.
- **Joint custody** – Decision-making responsibilities are shared in joint custody arrangements. While both parents will a have a say in the upbringing of the child, typically one parent will be granted residential custody to avoid the constant shuttling of the child from one home to another.

Separate and distinct from child custody is the right to visitation. A parent who does have custody of a child will still a have a reasonable right to regular visitation, unless a threat to the child’s welfare can be demonstrated.

**How the Court Determines Custody**

The court’s first and foremost obligation in determining custody is the well being of the child. Determining what is in the “best interest” for a child is no simple affair, however. The court must take into account a wide range of factors, including the wishes of the parents, the relationship between the child and his or her parents, possible disruptions to the child’s lifestyle, and whether a parent is a sex offender.

**The Debate**

Courts have historically favored sole custody of children, with the underlying assumption that divorced parents would be unable to effectively make joint decisions about a child’s upbringing. The tide has shifted in recent years, however, with courts increasingly turning to joint custody arrangements whenever possible. The debate documented in the *Chicago Tribune* article is just one facet of an ongoing national discussion.
When it comes to the custody of your children in a divorce, it is best not to leave anything to chance. You need the skilled guidance of an attorney with years of experience in matters of family law. At Gordon & Perlut, LLC, we help individuals throughout the Chicago area defend their access to child custody in divorce. Contact us today to set up a meeting with an experienced [family Law Attorney](https://familylawadvocate.com/contact-us/ "Chicago Family Law Attorney").

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**Categories:** Should the Law Encourage Joint Custody?

**Tags:** Child Custody Chicago, Child custody lawyer chicago, Joint custody attorney Chicago

---

### [Chicago Divorce on a Budget](https://familylawadvocate.com/chicago-divorce-budget/)

**Published:** June 30, 2015
**Author:** familylawadvocate

**Content:**

**Chicago Divorce on a Budget: How to Keep Expenses Low During the Breakup of Your Marriage**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

[Divorce in Chicago](https://familylawadvocate.com/divorce/ "Chicago Divorce") is rarely cheap. When it comes to the [division of property](https://familylawadvocate.com/divorce/property-division/ "division of property"), possessions, and even businesses, expenses tend to pile up. But if your marriage is effectively over, you should not have to delay divorce due to budgetary concerns. Here are some tips for going forward with your divorce without breaking the bank:

**Foster Communication**

If you are seeking a divorce, your relationship with your spouse is obviously not on the best terms. That said, even those in the rockiest of relationships can often settle disputes in a divorce with the right amount of mutual respect and communication. Communication saves money; nothing raises the cost of divorce more than conflict. Litigation, disputes over the division of assets, and other unpleasant conflicts can quickly rack up bills and lead to outcomes that neither party desires. If communication and [negotiation with your spouse](http://www.bankrate.com/finance/smart-spending/negotiating-divorce-settlement-1.aspx "negotiation with your spouse") is possible, it is best to do so.

**Stay Outside the Courts**

Taking your divorce to trial is not the preferred method if you are trying to control expenses. There are many lower-cost options for couples in uncontested divorces, including:

- **Mediation** – In [mediation](https://familylawadvocate.com/family-law/mediation/ "mediation"), a neutral third party acts as a guide throughout the divorce process, fostering agreement and a final divorce resolution. Many couples find that it is still useful to have their own private attorney in mediation.
- **Collaborative Divorce** – In a collaborative divorce, you sign a written agreement ahead of time to resolve differences in a results-oriented atmosphere. This option avoids litigation while allowing all parties to air out disagreements and come to resolutions in a comfortable environment and in the presence of their attorneys.

Though alternatives to litigation will keep you out of court, your settlement will still require court approval. Your attorney can help you file the appropriate documents to ensure that this process is as smooth and efficient as possible.

**Do it Right the First Time**

There is a lot of room for error in a divorce. To keep costs low, you will want to ensure that all aspects of your divorce are handled properly from the beginning. Mistakes early on can not only cause undue conflict, but can significantly increase time and investment required in a divorce.

**Find an Experienced Attorney**

The divorce process is littered with potential roadblocks and unforeseen problems that can raise costs and cause untold frustration. For that reason alone, finding an attorney experienced in Illinois family law is a worthy investment. The right attorney will understand how to move your case forward in a way that makes sense for you and your finances
At Gordon & Perlut, LLC, we assist individuals throughout the Chicago area with all aspects of family law, helping them to move on to a affordable divorce process. To speak with one of our experienced attorneys about your case, [contact us](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Budget Tips for Divorce

**Tags:** Budget Tips for Divorce, Chicago Divorce on a Budget, Divorce in Chicago

---

### [Social Media and Divorce: What You Need to Know](https://familylawadvocate.com/social-media-and-divorce/)

**Published:** July 9, 2015
**Author:** familylawadvocate

**Content:**

**Social Media and Divorce: What You Need to Know**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Social media has permeated all aspects of modern life over the past decade, and [divorce](https://familylawadvocate.com/divorce/ "divorce") is no exception. According to a [recent story on CBS 2](http://chicago.cbslocal.com/2015/05/05/social-media-obsession-costing-some-people-their-marriage/ "recent story on CBS 2"), sites like [Facebook](https://www.facebook.com/pages/M-Scott-Gordon-Associates/177703018940386 "Scott Gordon Facebook") and [Twitter](https://twitter.com/FamLawAdvocate "Family Law Advocate Twitter") are now a factor in at least one in seven divorces. It seems the details people share online–not to mention the time they spend sharing them–has caused friction in all too many relationships.

Is this just another novelty story of the digital age, or can we actually learn some legal lessons from this emerging trend? At Gordon & Perlut, LLC, we advise individuals throughout the Chicago area on all aspects of divorce and [family law](https://familylawadvocate.com/family-law/ "family law"), including their activities online. Your digital activity can play a role in your divorce case, so it is important to stay cautious. Here are some answers to common questions about the digital world and its relationship with divorce.

**Can Social Media Cause Divorce?**

Many couples can point to social media as the breaking point in their relationships. Posting items that point to clandestine activity or simply spending too many hours in front of a computer screen rather than engaging in quality time with family can be factors in the breakup of a marriage. Yet it is important to remember that social media is not often the direct cause of a divorce; it is simply the vehicle through which conflicts like infidelity and emotional distance come to light. Marriages end today for much the same reasons they always have.

**How Can It Play a Role in Contested Divorces?**

Social media activities can play a [pivotal role](http://www.forbes.com/sites/jefflanders/2013/08/20/how-social-media-can-affect-your-divorce/ "forbes social media and divorce") in contested divorces, providing valuable evidence supporting either party’s case. In many cases, shared posts, texts, and other traces of digital activity have been presented as evidence in divorce cases, particularly in relation to financial matters. Activity online can provide clues of a spouse who is hiding assets, misrepresenting income, or otherwise manipulating the numbers. If a spouse claims to be in arrears but posts a picture from a yacht on Facebook, it can provide valuable evidence in court.

**What Can I Do to Protect Myself?**

While social media can play in your favor in a contested divorce, it can also work against you. Always be aware that online activities are public activities. A good rule of thumb in all of your digital activities is to consider anything you post online to be equal to saying it out loud in a public space. If you must share what you would not say in public, make sure you only do so after a full and comprehensive review of your site’s privacy settings. You may have blocked your spouse from seeing your social media activity, but do you have mutual friends who may also see your posts? Do not underestimate the power of word of mouth to spread information that could hurt you down the road. Also, these posts can be subpoenaed, so just blocking someone from seeing them does not mean they disappear.

**Contact a Trusted Chicago Divorce Attorney**
Social media is just one of many potential factors involved in a divorce. If you need help, contact the experienced divorce lawyers of [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/). From our office in Chicago and Skokie offices, we skillfully guide individuals through all aspects of divorce and family law matters.

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**Categories:** Social Media and Divorce: What You Need to Know

**Tags:** Social Media and Divorce, Social Media and Divorce in Chicago, Social Media and Divorce: What You Need to Know

---

### [Establishing Guardianship of a Minor Child](https://familylawadvocate.com/establishing-guardianship-minor-child/)

**Published:** July 13, 2015
**Author:** familylawadvocate

**Content:**

**When and How to Establish Guardianship of a Minor Child**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Establishing minor [guardianship](https://familylawadvocate.com/divorce/guardianships/ "guardianship") in Illinois was historically a straightforward affair. After the death or incapacitation of a child’s parents, courts tended to grant guardianship to family members or loved ones efficiently and without contest.

Guardianship cases today are notably more complex. With more non-traditional family structures and other factors–such as parental drug abuse or child abandonment–creating an environment where birth parents are not necessarily the caregivers of a child, many people need help understanding the rules and regulations surrounding legal guardianship.

At Gordon & Perlut, LLC, we help individuals and caregivers with [Family Law throughout Chicago](https://familylawadvocate.com/family-law/ "Family Law Chicago") and can assist with establishing guardianship. Read on for tips on how to move forward with this important legal process.

**Determining When Guardianship is Necessary**

It is not always clear when it is time to establish guardianship of a child. You may be raising a child or managing his or her affairs, but doubtful about your rights to make your responsibilities official in the eyes of the law. If you are considering guardianship, try to answer the following questions:

- Has the child been living with you for a long period of time?
- Are you caring for the child and ensuring his or her welfare?
- Are the birth parents unable to care for the child?
- Are the parents out of contact, deceased, or otherwise negligent in their parental duties?
- Have the parents explicitly granted you permission to seek legal guardianship?
- If not, are they likely to do so?

If the answer to any or all of the above questions is “yes,” it may be time to [seek legal guardianship](http://www.cookcountycourt.org/Portals/0/Media/GuardianshipforMinorsHandout.pdf " seek legal guardianship"). You may want to consult with an attorney about your legal rights and responsibilities as a potential guardian.

**Finding out if You Are Eligible**

Not everyone can legally become a guardian. To be considered, the court must deem you able to manage the parental responsibilities of a child. In addition, you must be at least 18 years of age, of sound mind, a legal resident of the United States, and have no felonies on record, unless the court determines that past felonies present no threat to the child.

**How to Apply**

To apply for guardianship of a minor, you will need to submit a number of documents, including the birth certificate of the minor, a valid ID, some proof of the parents’ inability or lack of desire to care for the child. This may include a written consent from the parents, their last known address, or a certificate of death.

Seeking guardianship is something that you should not try to manage on your own. An experienced family law attorney can help you understand your options and recommend a path forward that minimizes the potential for conflict or a long, drawn-out process. This is especially true in cases where parents may contest your ability to become a legal guardian.
To speak to a skilled family law lawyer about your guardianship matter, [contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/). From our Chicago and Skokie offices, we help individuals throughout Chicago establish legal guardianship.

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**Categories:** Establishing Guardianship of a Minor Child

**Tags:** Chicago Legal Guardianship, Establishing Guardianship, Family Law Chicago

---

### [What do We Mean by a Child’s “Best Interests”?](https://familylawadvocate.com/divorce-childs-best-interests-chicago/)

**Published:** July 20, 2015
**Author:** familylawadvocate

**Content:**

**What do We Mean by a Child’s “Best Interests”?**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

In matters of child custody, the “best interests” of children are paramount. This is taken as a given in [child custody courts in Chicago](https://familylawadvocate.com/divorce/child-custody/ "child custody courts in Chicago") and throughout the country. For all the focus on this term, however, we don’t often talk about its meaning. What do legal professionals mean when they speak of a child’s best interests, and how might this factor into your [child custody case](https://familylawadvocate.com/divorce/child-custody/ "child custody case")? Read on to learn more.

**What the Children Want**

With all of the discussion about children’s best interests, you might think that child custody proceedings would be a simple affair of simply asking the children what arrangement they would like. In reality, it is not that simple. Children do have a major voice in child custody proceedings, but they by no means possess the final word. Courts are much more likely to heed the preferences of older children, for instance, who can articulate reasons for wanting to stay in a particular location or with a particular parent. Younger children are deemed less capable of acting in their own self interests, so their preferences are given considerably less weight.

**The Status of the Parents**

For [Illinois child custody](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildCustodyInformation.aspx "Illinois child custody") courts, the main determinant of children’s best interests comes from their parents. If the court determines that one parent will have more time to nurture and support a child, that parent is more likely to be granted physical custody or even sole custody in certain cases. In looking at parents, courts look at objective factors like job status, income, time off from work, etc., as well as subjective factors like personality and disposition. Taken together, these factors can help the court determine where the children are better off.

**The “Status Quo”**

In determining what is in a child’s best interests, courts put a lot of weight on the “status quo.” This can confuse many people, as the nature of divorce itself makes major life changes for everyone involved all but inevitable. What courts really mean when they refer to the status quo are custodial arrangements that produce a minimal impact on a child’s life. Unless there are unique circumstances involved such as abuse or domestic discord, the court is likely to keep children in their primary place of residence. So if a child is firmly embedded within a school, home, church, or community, it is less likely that a court would rule to change his or her location.

It stands to reason, then, that for divorcing parents who are also homeowners, the person who continues living in the primary residence will also have an impact on child custody proceedings. Divorce cases are filled with such intertwining factors, requiring attorneys who are adept at managing a range of circumstances.

**Call an Experienced Chicago Child Custody Lawyer**
If you are seeking skilled legal counsel as you go through a divorce or child custody matter, contact [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/). From our offices in Chicago and Skokie, we help parents throughout the area protect their right to take an active role in their children’s upbringing. Call today at **313-360-0250** for a free phone consultation.

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**Categories:** What do We Mean by a Child’s “Best Interests”?

**Tags:** Chicago Child Custody, Chicago Divorce and a Childs Best Interests, Family Law Chicago

---

### [Smartphone Apps that Can Be Used Against You in Chicago Divorce](https://familylawadvocate.com/smartphone-apps-chicago-divorce/)

**Published:** July 30, 2015
**Author:** familylawadvocate

**Content:**

**Smartphone Apps that Can Be Used Against You in Divorce**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

A recent story in the [Chicago Tribune](http://www.chicagotribune.com/business/breaking/ct-divorce-apps-spying-0610-biz-20150609-story.html "Chicago Tribune") highlights an issue that divorce lawyers have been observing for years: smartphone activities are increasingly being presented as evidence in divorce cases. In a survey conducted by the American Academy of Matrimonial Lawyers, 97 percent of attorneys have seen more evidence being presented from digital devices over the past three years.

At Gordon & Perlut, LLC, we regularly see the impact of digital activities in the [divorce cases](https://familylawadvocate.com/divorce/information/ "Chicago Divorce Cases") of our Chicago-area clients, with certain apps in particular appearing frequently in court proceedings. If you are going through a divorce, here are a few apps that you may want to watch closely:

**Find My iPhone**

In the past, people suspecting their spouses of infidelity needed to hire private investigators to affirm their suspicions. Today, all they need to do is reach in their pocket for their phone. Apple’s own “Find My iPhone” app has increasingly found its way into divorce proceedings for its geo-tracking feature. While ostensibly used to find a lost phone, the app can also find use for a suspicious spouse to track movements in real time–and even over the past days, weeks, and months. If you ever feel like you’re being followed, just remember that there is a digital tracking device right in your pocket.

**Snapchat**

It seems teens and young adults are not the only ones using Snapchat, the popular social media app that offers a way to send messages that instantly “disappear.” Spouses attempting to hide infidelity or other behavior are [increasingly turning to the service](http://www.huffingtonpost.com/natalie-gregg/disappearing-text-apps_b_5615878.html). Contrary to popular belief, however, messages sent over Snapchat do not disappear entirely, but are hidden in the app’s servers. In divorce court proceedings, records from apps like Snapchat are pulled more often than you might think. In fact, the American Academy of Matrimonial Lawyers survey cited above listed Snapchat as one of the leading apps involved in divorce proceedings.

**Messaging**

While apps like Snapchat have gotten a lot of buzz recently, most digital records used in a divorce involve old-fashioned text messages. Many spouses fail to delete incriminating messages from their phones before and during divorce proceedings. When these records are pulled, they can significantly alter the outcome of a case.

**Other Social Media Apps**

Activity on a host of other social media apps has also been used as evidence in divorce proceedings. These include everything from photo sharing apps like Instagram to apps associated with traditional social media platforms like Facebook and Twitter. A good rule of thumb: If you wouldn’t want something read aloud in a courtroom setting, don’t post it or send it anywhere online.

**Contact an Experienced Chicago Divorce Attorney**

The digital activities of you or your spouse can significantly impact your divorce. If you have concerns over how smartphone activities could affect your case, contact a trusted divorce / family law lawyer right away. A good attorney will understand how to protect you against any adverse impacts of digital activities on your case.

At Gordon & Perlut, LLC, we have years of experience guiding people throughout the Chicago area through all manner of divorce and family law cases. To discuss your case in a free phone consultation with a skilled divorce attorney, [contact us today](https://familylawadvocate.com/contact-us/)

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**Categories:** Smartphone Apps that Can Be Used Against You

**Tags:** Chicago Divorce, Chicago Divorce Lawyer, Smartphone Apps that Can Be Used Against You

---

### [What Is A Joint Simplified Divorce?](https://familylawadvocate.com/what-is-a-joint-simplified-divorce/)

**Published:** September 25, 2015
**Author:** familylawadvocate

**Content:**

**What Is A Joint Simplified Divorce?**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Sometimes, people decide to [divorce](https://familylawadvocate.com/divorce/ "Divorce") with little fanfare, and little drama. If you and your spouse are lucky enough to be one of these couples, there is a way to [divorce in Illinois](https://familylawadvocate.com/divorce/ "Divorce in Illinois") that is much quicker and simpler than the standard court hearings, called a [Joint Simplified Divorce](http://www.cookcountyclerkofcourt.org/?section=SERVRESPage&SERVRESPage=7065 "Joint Simplified Divorce"). However, there are criteria you must meet in order to take advantage of this fast-track process.

**The Criteria**

The most important factor is that you and your spouse must have a functional relationship. There must be no bones of contention between you in order for you to be eligible for a Joint Simplified Divorce; otherwise, the divorce is not simplified, it is contested. The [other criteria](http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1780 "other criteria") include:

- Living in Illinois for at least 90 days before the filing of a petition;
- Living apart (not necessarily geographically, but no longer living as a couple) for at least six months;
- Consenting to equitable division of assets;
- Waiving any rights to alimony or other maintenance;
- Having been married for no more than eight years;
- Neither party owns any real property; and
- Not having any children (biological or adopted) together.
- Total marital property of less than $10,000

- Total joint annual income of less than $35,000, with neither spouse earning more than $20,000

All of these requirements must be met; if even one is not, you and your spouse must conduct your divorce in the standard manner.

**The Process**

These cases are filed in the circuit courts, though it is important to know which is the correct one before beginning. Filing in the wrong court can cause your petition to be thrown out, because you will not have met the residency requirement.

Once in the right court, you can get the appropriate forms and complete them with your spouse, including a property division agreement. One of the reasons that the court involvement in Joint Simplified Dissolutions is so relatively light is because the couple is expected to come up with an agreement on the difficult question of asset division. Any asset over $100 in value must be included in the agreement under Illinois law.

Many people are under the misapprehension that in a simplified divorce, no court appearances are necessary. However, to conclude a Joint Simplified Divorce, you and your spouse must both appear in court and provide testimony. A judge must sign off on your divorce agreement, even if the court had no input into its creation, because it must still be in accordance with public policy.

[If your agreement is unconscionable](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+IV-A&ActID=2086&ChapterID=59&SeqStart=5300000&SeqEnd=6100000 "If your agreement is unconscionable"), one spouse will be put in a disadvantaged position, which is counter to the stated goals of simplified divorce. The state does not want people to wind up poor and disadvantaged after divorce; it wants ex-spouses to be in similar financial situations. That said, if your agreement is deemed unconscionable by the judge, there is no punishment or penalty to follow; they will simply order you to modify it before it can be approved and signed into the court record.

**Seek Experienced Legal Assistance**
If you are in a position to have a Joint Simplified Divorce, you may still need the guidance of an experienced legal professional. The dedicated [Chicagoland divorce attorneys](https://familylawadvocate.com/) at Gordon & Perlut, LLC have years of experience in divorces, having helped countless clients separate with a minimum of difficulty and drama. Contact our offices in Chicago or Skokie for a free initial consultation. We serve the entire Chicagoland area.

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**Categories:** Joint Simplified Divorce

---

### [The Differences between Guardianship and Custody](https://familylawadvocate.com/difference-guardianship-and-custody/)

**Published:** October 22, 2015
**Author:** familylawadvocate

**Content:**

**The Differences between Guardianship and Custody**

By: M. Scott Gordon

Sometimes, even a fit, loving parent may have to take a break from caring for their child or children. There may be an illness in the family, or financial hardship. When this happens, there is a way for the children to be taken care of without that parent losing legal custody through [guardianship](https://familylawadvocate.com/divorce/guardianships/ "guardianship"). Through guardianship, a child can be legally placed with another person.

**Custody in Chicago**

The concept of [custody in Chicago](https://familylawadvocate.com/divorce/child-custody/ "Custody in Chicago") and IL most often comes up in regard to divorce. When a couple decides to obtain a divorce, one of the things required is a parenting agreement. Unlike in many other states, however, Illinois courts [do not presume that joint custody is in the best interests of the child](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000 "do not presume that joint custody is in the best interests of the child"). No rebuttable presumption exists in regard to custody determinations at the beginning; the court takes into account every piece of evidence as to which parent’s custody would be in the best interests of the child. Some of the factors include:

- The circumstances of each parent (who can provide a safe, clean home);
- The level of emotional attachment between each parent and the child;
- The degree to which the child is ensconced in their current school and community (for example, how many friends the child has at their current school, and if they would have to move if custody changed);
- The child’s preferences, though this is usually not dispositive; and
- Many other factors.

A custody agreement will be handed down by a court during a divorce proceeding.

**Legal Guardianship**

Unlike custody determinations, guardianship is awarded when a parent is unable to take care of their child. It is very common for the guardian to be a relative or close family friend, but this is not required; in fact, it is actually quite easy to be appointed a legal guardian in most cases. If you are over the age of 18, not under guardianship yourself, a U.S. resident, and have no felony convictions, you are eligible to be approved as a guardian.

If you are unable to care for your child, you can have someone you trust file a Petition For Guardianship. If the Court approves the request, then that individual will now be the child’s guardian.

What happens if you want to cancel or revoke the guardianship? You can not automatically revoke a guardianship. Rather, you must Petition the Court and request that your child be returned to you and that guardianship be revoked. Generally, a Court will want you to demonstrate that the circumstances which originally caused the guardianship to be awarded (such as inability to care for the child) have been rectified and no longer exist.

**Contact An Experienced Guardianship Attorney**

It can be advantageous to have plans in place to provide for your children if you become unable to look after them. However, setting up a guardianship to your satisfaction must be done with care. The dedicated [Chicago guardianship attorneys](https://familylawadvocate.com/ "Chicago guardianship attorneys") at Gordon & Perlut, LLC understand how sensitive these matters are, and will work hard to ensure the best possible outcome for you and your family. Contact us today to schedule an appointment at our Chicago or Skokie offices. We serve the entire Chicagoland area.

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**Categories:** Gurdianship vs. Custody

**Tags:** Custody Lawyer Chicago, Difference in Guardianship and Custody, Gurdianship Attorney Chicago

---

### [Guardians Ad Litem vs. Child Representatives](https://familylawadvocate.com/child-guardians-vs-child-representatives/)

**Published:** November 25, 2015
**Author:** familylawadvocate

**Content:**

**Guardians Ad Litem vs. Child Representatives**

By: M. Scott Gordon

There are occasions when, unfortunately, [divorce ](https://familylawadvocate.com/divorce/ "divorce")cases turn nasty, to the detriment of all involved. This can especially affect children, who wind up watching their parents argue and fight, in many cases with no one to advocate for their interests. The Court in a divorce (or Paternity) case will seek to remedy that if need be, calling in a [guardian ad litem](https://familylawadvocate.com/divorce/guardianships/ "guardian ad litem") or child representative to report directly to the Court (and remind parents of what really matters).

**Child Representatives**

Simply put, a child representative is a [representative of the parties’ children](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildRepGuardianAdLitemGAL.aspx "representative of the parties’ children"), whose purview is to best advocate for the children’s interests in issues like parental decision making and parenting time/schedule. They must meet with everyone involved in the current case – children and parents – and use the information gathered (including from 3rd parties) to advocate for the children, and advance alternative dispute resolution and settlement, if possible.

The important factors to keep in mind about a child representative is that they have the same authority to advocate for the children as the other attorneys may advocate for their clients; their suggestions or information submitted must be given the same weight. They also must keep the child(ren)’s confidence unless contraindicated by law or necessity (for example, reporting a reasonable likelihood that a violent crime was about to be committed). They can take the child(ren)’s wishes into account, but are not bound by them. If a child, for example, prefers to live with their father, but their mother could provide a higher quality of life, the child representative will make both of those facts clear in court.

**Guardians Ad Litem**

By comparison, a guardian ad litem (GAL) has a very different job to do, with different objectives. They are also charged to advocate for the children’s interests, but they do so by interviewing those involved and then submitting a written recommendation to the court on their opinion as to what would serve the best interests of the child(ren). They may also be [called as a witness](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59 "called as a witness") to testify about their process and their ultimate recommendation, where a child representative may not be called in such a manner.

It is not uncommon for child representatives and guardians ad litem to be confused for one another, but they have very different jobs and interests. While a GAL is tasked with advocating for the children’s interests, they do so by taking an objective approach to the facts of the case, while a child representative is more like a standard attorney, who may be more prone to subjectivity in their statements. GALs are also generally called into different types of cases than child representatives – for example, in acrimonious custody cases, the judge will traditionally seek a GAL’s outside opinion, for a fresh perspective on a difficult case.

**Enlist Your Own Advocate**
It is a matter of good policy to ensure that the interests of your children are well represented – however, you are of course entitled to your own advocate, who will act for you in what can be a complex and confusing situation. The zealous [Chicago and Cook County child custody attorneys](https://familylawadvocate.com/ "Chicago and Cook County child custody attorneys") at Gordon & Perlut, LLC will help you try and come to an agreement that spares your family the need for acrimonious proceedings. [Contact us today for a free consultation.](https://familylawadvocate.com/contact-us/ "Contact us today for a free consultation.")

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**Categories:** Guardians Ad Litem vs. Child Representatives

**Tags:** Child Representation, guardian ad litem, Guardians Ad Litem vs. Child Representatives

---

### [Child Support Collections in Illinois](https://familylawadvocate.com/child-support-collections-illinois/)

**Published:** December 9, 2015
**Author:** familylawadvocate

**Content:**

**Child Support Collections in Illinois**

By: M. Scott Gordon

If you have a [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") order in place but your ex-spouse is not making regular [child support payments](https://familylawadvocate.com/divorce/child-support/failure-to-pay/ "Child Support Failure to Pay"), what are your options? It is important to understand how [child support collections in Illinois works](https://familylawadvocate.com/divorce/child-support-collections-chicago/ "Child Support Collections in Illinois"), and what actions you can take if the noncustodial parent is not properly supporting his or her child.

**Challenges of Child Support Collection in Chicago**

It is not always easy to obtain child support funds owed by a noncustodial parent. Indeed, according to an [article in the *Chicago Tribune*](http://articles.chicagotribune.com/2013-10-25/news/ct-met-child-support-deadbeats-20131025_1_child-support-enforcement-division-custodial-parents-court-orders "Chicago Tribune article"), dealing with issues concerning jurisdiction can be particularly complicated. And jurisdictional impediments have only been made worse by the recession in 2009. Over the last five or six years, many custodial parents in the Chicago area indicate that they have returned to court “again and again to obtain court-ordered child support.”

Some noncustodial parents make child support collections more difficult than others. For example, when a noncustodial parent moves frequently, changing addresses and jobs, it can be difficult to obtain the money they owe. The same goes for noncustodial parents who under report their earnings, typically when they are self-employed. In these cases, it can look as though the noncustodial parent actually makes a lot less money than she or he does in practice. And as a result, child support payments can be lower than they should be.

**Learning More About Child Support Collection Options**

What can you do if a noncustodial parent will not make good on his or her child support obligations? [Illinois Child Support Services](http://www.childsupportillinois.com/ "Illinois Child Support Services") emphasizes that children deserve to have both financial and emotional support from both of their parents, and the state has an interest in ensuring that child support obligations are met. When it comes to paying or collecting child support payments, Illinois makes it easy for noncustodial parents to pay electronically or to use a direct deposit program. But despite the ease with which noncustodial parents can make payments, some choose to shirk this obligation.

The [Circuit Court of Cook County](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildSupportInformation.aspx "Circuit Court of Cook County") underscores that, in Illinois, “parents have a duty to financially support their minor children,” and in most cases, “the amount for child support will be a fixed dollar amount based on a certain percentage of the child support payor’s net income.” When a custodial parent does not receive a child support payment, it is possible to turn to the court to have your child support order enforced. What do you need to attempt to collect child support payments? First and foremost, you will need to have a Uniform Order of Support.

What goes into a Uniform Order of Support? Such an order includes some of the following:

- Amount of the child support payment;
- Frequency with which payment will be made (for instance, on a weekly, bi-weekly, bi-monthly, or monthly basis);
- Health insurance obligations for the child (custodial or noncustodial parent);
- How payments will be made (for example, will they be deducted from the payor’s paycheck or will the payor make payments directly after she or he receives her paycheck?); and
- Whether payments will be made directly to the custodial parent or to the Illinois State Disbursement Unit (other considerations may be whether the payor will use the state’s Direct Deposit program or the state’s electronic payment system).

With a Uniform Order of Support and evidence of child support delinquency, you can have the court enforce the terms of your order. However, as the *Chicago Tribune* article points out, child support collections can be frustrating and complicated. If you have questions about collecting on a child support delinquency, you should discuss your situation with an experienced [Chicago family law attorney](https://familylawadvocate.com/family-law/ "Chicago Family Law Attorney") as soon as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/ "Contact Gordon & Perlut, LLC") today to talk about your case.

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**Categories:** Child Support Collections in Illinois, Child Support Collections in Illinois

**Tags:** Child Support Collections Chicago, Child Support Collections in Illinois

---

### [Will the Court Throw Me in Jail for Failing to Pay My Child Support?](https://familylawadvocate.com/will-the-court-throw-me-in-jail-for-failing-to-pay-my-child-support/)

**Published:** February 8, 2016
**Author:** familylawadvocate

**Content:**

**Will the Court Throw Me in Jail for Failing to Pay My Child Support?**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Whether by design or by circumstance, it is not uncommon for a non-custodial parent who is ordered to pay child support to fall behind on that obligation. When he or she is unable to promptly repay the amounts missed and continue to make regular payments, Illinois’ child support services and/or the custodial parent may petition the court to take one or more enforcement actions against the noncustodial parent. As any number of noncustodial parents who have fallen behind on their child support payments can attest, these [enforcement actions can include jail](http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1764&zipcode=62298&criteria=child%20support&print=yes#cq7).

**Factors that Make it More Likely a Court Will Send a Parent in Child Support Arrears to Jail

A court faced with a parent who has failed to make timely child support payments has several options available to [coerce or compel payment from the parent](https://familylawadvocate.com/divorce/child-support-collections-chicago/) and will typically consider a number of factors in deciding which enforcement action is appropriate in any given case. Factors that make it more likely the court will choose to send the nonpaying parent to jail include:

- The amount of child support in arrears (the larger the amount, the more likely the court will choose to jail the parent);
- The reason for the arrearage;
- How long it has been since the parent last made a full payment;
- Whether the parent is paying any child support amount at all or whether he or she has stopped paying child support altogether;
- How many previous times the parent has been brought before the court for nonpayment;
- Whether the parent is employed or has employment prospects; and/or
- The likelihood that the parent will be able to resume payments in the near future.

Generally speaking, a court will be hesitant about putting a nonpaying parent in jail if the parent appears to have simply fallen on hard times and it appears likely that he or she will be able to resume payments in short order. Where it appears that a parent is willfully avoiding his or her obligation to pay child support, a court is much more apt to sentence that parent to jail after more modest efforts to force payment have failed.

**If I Am Sent to Jail, When Can I Get Out?

In most cases, a court will order that a nonpaying parent be sent to jail for *civil contempt of court* – in essence, for willfully refusing to obey a court order (here, to pay child support). When a parent is jailed for civil contempt, that parent is said to hold the “keys to the jailhouse” in that he or she is released from custody as soon as he or she makes an acceptable payment to the court. The court may require the parent to pay the entire amount that is in arrears or merely a portion of that amount before being released from custody.

**A Chicago Child Support Collection Attorney Can Assist You

Dedicated and aggressive legal counsel can help you when you have failed to make timely child support payments and are concerned about being jailed. You still have rights, even when you are being threatened with jail time, and our [competent Chicago child support attorneys](https://familylawadvocate.com/contact-us/) can help make sure these rights are protected. Contact Gordon & Perlut, LLC for assistance by calling our Chicago or Skokie offices or contacting us through our website.

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**Categories:** Chicago Child Support Lawyers

---

### [Removing and Replacing a Guardian in Illinois](https://familylawadvocate.com/removing-and-replacing-a-guardian-in-illinois/)

**Published:** February 25, 2016
**Author:** familylawadvocate

**Content:**

**Removing and Replacing a Guardian in Illinois**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Most guardians who are designated by family members or appointed by the court approach their jobs with an honest desire and intent to help the child who is under their care. But there is no real training class to help someone become a good guardian: instead, the guardian must oftentimes make the best decisions he or she can on behalf of the person under their care and learn from the mistakes the guardian is bound to make. But what happens when, despite the guardian’s best intentions, he or she is simply not able to make good decisions on behalf of the child under their care (or worse, what if the guardian is purposefully abusing his or her position and harming the person whom they ought to be helping)?

**Guardians Can Be Removed by an Order of the Probate Court

The court that initially appointed the guardian is able to [remove a guardian](https://familylawadvocate.com/divorce/guardianships/) if there is a sufficient reason to do so. Any individual may file a petition with the court seeking the removal of a guardian. In other words, you do not need to have any particular relationship with the guardian or the person under his or her care in order to file a petition to remove the guardian. The court will remove a guardian if [a sufficiently compelling reason is presented and proven](http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+XI&ActID=2104&ChapterID=60&SeqStart=12100000&SeqEnd=14300000). Evidence that the ward or person under the guardian’s care is being physically or mentally abused by the guardian or that the guardian is exploiting his or her position for his or her is usually a sufficient reason justifying the removal of a guardian: conversely, the mere fact that you disagree with the decisions that the guardian is making will not be sufficient.

**Supporting Your Petition with Evidence

The court will thereafter hold a hearing on your petition at which you must present evidence and witness testimony to support your allegation that the guardian should be removed. The guardian him- or herself may be present at this hearing and present evidence and witness testimony to counter your own.

You may need to be creative regarding identifying witnesses and testimony in support of your petition as the child may not be able to testify. Do you believe the guardian is harming the person’s finances? You may need a witness from the bank or banks who can tell the court what is happening. Similarly, doctors and nurses can testify as to the guardian’s inability to make good medical decisions for the person. If your petition is successful, the court will appoint a new guardian to take over for the other guardian.

Scott Gordon & Associates is your Chicago guardianship law firm. We can assist clients who need to establish a new guardianship or modify or dissolve an existing guardianship. Contact either one of our two offices in Chicago or Skokie, Illinois or [contact us online](https://familylawadvocate.com/contact-us/) for assistance.

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**Categories:** Guardianship

---

### [Benefits for Couples in Same-Sex Civil Unions](https://familylawadvocate.com/benefits-for-couples-in-same-sex-civil-unions/)

**Published:** March 3, 2016
**Author:** familylawadvocate

**Content:**

**Benefits for Couples in Same-Sex Civil Unions**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you and your partner are in a same-sex [civil union](https://familylawadvocate.com/family-law/) and live in Chicago, do you have the same rights when it comes to healthcare coverage as couples in a same-sex marriage? It might seem logical that same-sex couples in civil unions and marriages would be treated similarly when it comes to determining healthcare coverage and benefits for a partner. However, as an [article](http://www.bna.com/benefits-samesex-couples-b57982066842/) in *Bloomberg BNA* makes clear, a recent U.S. Supreme Court Case that made strong strides for the rights of couples in same-sex marriages actually may have sidestepped the issue of [civil union benefits](https://familylawadvocate.com/family-law/).

**Impact of *Obergefell v. Hodges* for Civil Unions**

Specifically, when the Supreme Court ruled in [*Obergefell v. Hodges*](http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf), it held that “employers must treat plan participants who are legally married to same-sex spouses in the same manner as they treat plan participants who are legally married to opposite-sex spouses.” Now, by and large, the *Obergefell* ruling represents an important step in securing rights for same-sex couples.

Discussing the principles of equality and equal access to rights and responsibilities that come with marriage, the Supreme Court holding emphasized that “there is no difference between same- and opposite-sex couples with respect to this principle,” but “by virtue of their exclusion from that institution \[of marriage\], same-sex couples are denied the constellation of benefits that the States have linked to marriage.” Through this reasoning, the Court concluded that the right to marry—and to have access to the benefits of marriage—is indeed a fundamental right protected by the Fourteenth Amendment. But what does *Obergefell* have to say about civil unions?

As the *Bloomberg BNA* article articulates, the *Obergefell* case “was silent on how employers must treat unmarried employees in civil unions or with registered domestic partners.” Given that the Supreme Court did not reach the issue of benefits for same-sex couples in civil unions, it is possible that employers will not provide the same benefits to those couples that would be required legally if they were married.

**Civil Union Benefits in Illinois**

Numerous states, as the article notes, do require employers to offer the same benefits to couples in civil unions that are available to couples in same-sex marriages. The article specifically cites Illinois as a state that “requires that employers treat employees’ same-sex spouses and civil union partners in the same manner as employees’ opposite-sex spouses.” But is this the case for all employers in the Chicago area?

According to the Illinois American Civil Liberties Union (ACLU) [website](http://civilunions.aclu-il.org/?page_id=2), whether your employer is required to offer the same benefits to persons in civil unions as in same-sex marriages depending on two things:

- The type of employer; and
- The type of benefits offered to married employees.

Employers that are defined as state, county, or municipal employers “must provide your civil union partner the same health insurance benefits that they provide to spouses of employees.” Things might get trickier, however, when we look at private employers. Employers with insured plans—which are governed by state insurance law—have to provide the same benefits to civil union partners. But employers with self-insured plans might not be required to do this.

If you have questions or concerns about the benefits to which you are entitled in a civil union, an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/) can help. [Contact](https://familylawadvocate.com/contact-us/) the law firm of Gordon & Perlut, LLC today.

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**Categories:** Civil Unions, Uncategorized

---

### [Cook County State’s Attorney on Costs of Child Support Collections](https://familylawadvocate.com/cook-county-states-attorney-on-costs-of-child-support-collections/)

**Published:** April 7, 2016
**Author:** familylawadvocate

**Content:**

**Cook County State’s Attorney on Costs of Child Support Collections**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Who covers the costs associated with [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/)? According to a [recent article](http://cookcountyrecord.com/stories/510699950-cook-county-state-must-pay-millions-owed-to-fund-child-support-collection-program) from the *Cook County Record*, the Cook County State’s Attorney is currently working with advocates in the Chicago area for parents who are currently owed child support. Specifically, Alvarez has “asked the federal courts to step in to force the state of Illinois to pay up what it owes to cover the costs of enforcing the collection of child support.” Many people contend that Cook County has had to pay millions of dollars due to the state of Illinois’s failure to fund the child support collections program, and it is harming payee parents and their children.

What else do you need to know about the recent push by Cook County to force the state of Illinois to fund the child support collections program? And how might parents who are owed child support be impacted by the outcome?

**Background to the Recent Lawsuit in Federal Court**

As the article explains, the background to begins back in 1992. At that point, parents in Cook County filed a lawsuit to get child support enforcement services, which was something required by federal law. The court ultimately entered a consent decree in 2000, which was intended to resolve the lawsuit from eight years prior. However, according to the recent lawsuit, “the state stopped funding the county’s $18 million child support enforcement program when the new fiscal year began in July 2015.” Since then, Illinois has been operating without a budget due to the stalemate between Governor Bruce Rauner and members of the Illinois General Assembly.

**Making the Consent Decree Work for Parents and Children

To be clear, the consent decree we mentioned previously requires the state of Illinois to fund the child support enforcement program. However, the lawsuit contends that the state has not submitted expenditure reports for federal reimbursement from Cook County, which means the state is not actually supporting the child support enforcement program. Just prior to the filing (March 1) the state owed more than $9 million to Cook County for reimbursements. In short, the state previously delegated some enforcement duties to the county, with the understanding that it would be reimbursed from the state budget.

Cook County has “continued to fund the Child Support Program, notwithstanding the failure of the State to reimburse the County for such expenses.” However, this method for keeping the enforcement program running is not financially feasible for Cook County. Indeed, as the article underscores, “the unanticipated expense has strained county budgets, which cannot sustain any more cutbacks to make up the difference.”

If the state of Illinois does not provide funding to the county, the child support enforcement program will, at the very least, have to eliminate some of its services. At worst, the program will not run at all. The motion makes clear that the stakes are very high, given that we are dealing with the well-being of children in the Chicago area.

**Contact a Chicago Child Support Collections Lawyer**

If you have questions about child support collections, an experienced Chicago family lawyer can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about our services.

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**Categories:** Child Support Collections

---

### [Tips for Handling College Expenses During Divorce](https://familylawadvocate.com/tips-for-handling-college-expenses-during-divorce/)

**Published:** April 12, 2016
**Author:** familylawadvocate

**Content:**

**Tips for Handling College Expenses During Divorce**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

It is important for divorced parents to plan a conversation about [college expenses](https://familylawadvocate.com/articles/college-expenses/), according to a [recent article](http://www.usnews.com/education/best-colleges/paying-for-college/articles/2016-01-21/4-tips-for-families-navigating-college-financial-aid-amid-divorce) from *U.S. News & World Report*. Thinking carefully about how financial aid will be handled for your child can have a significant impact on the total costs you and your child will need to pay for college. While many parents “just throw up their hands and wait to see what kind of \[financial\] aid package comes back,” according to the article, it is essential to be much more strategic when it comes to your child’s college education and its high costs.

If you have questions about handling college expenses during and after divorce, an experienced Chicago college expense family lawyer can help. In the meantime, we have some tips for dealing with your child’s financial aid application amidst your divorce.

- **Learn More About the Definitions of “Parent” and “Custody” Under Financial Aid Applications**

Most parents do not think about how the terms “parent” and “custody” are defined under the Free Application for Federal Student Aid (FAFSA). To be sure, most parents assume that the FAFSA is using these definitions in the same manner as Illinois law. However, there is a big distinction. According to the article, the FAFSA is defining the custodial parent *not* in legal terms, but rather in tax terms.

In other words, the FAFSA does not want to determine who the law says is the child’s custodial parent. Instead, it wants to know “which parent the student lived with the most in the past 365 days.” In the event that your child lived equally with both parents, the FAFSA has a test to determine “which household provided more financial support in the past year,” but the test is relatively ambiguous. In short, when the FAFSA asks you to name the custodial parent, it wants to know which parent’s household provided the most financial support for the student and thus whose financial status to take into account when determining a financial aid package.

- **Do Not Over-Report Financial Information**

When it is time for your child to apply for financial aid for college, do not make the mistake of over-sharing financial information. According to the article, many divorced families make the “costly mistake” of providing income information for step-parents and noncustodial parents. Generally speaking, providing more financial information than is required can result in a lower financial aid package for the student. As the article explains, by over-reporting income, “a family that could have gotten aid from a school may be getting nothing now because it looks like they have more money available than they do.”

Instead, only report the income for the custodial parent, since that is typically all that the financial aid application forms will request.

- **Do Your Research On Financial Aid Applications**

Different schools use different methods for calculating financial aid applications. If you are the custodial parent and you make substantially less money than your ex-spouse, it is important to do your research into schools that require only the custodial parent’s financial information when determining how much aid your child will receive.

Do you have questions about managing college expenses after divorce? A dedicated college expense family lawyer in Chicago can assist you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about our services.

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**Categories:** Divorce

---

### [Dissolving a Civil Union](https://familylawadvocate.com/dissolving-a-civil-union/)

**Published:** April 14, 2016
**Author:** familylawadvocate

**Content:**

 Dissolving a Civil Union**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you are in a [civil union](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) and you want to dissolve it, do you need to hire a Chicago family law attorney? Dissolving a civil union can be just as complicated as getting divorced, and it is important to learn more by speaking with an experienced lawyer.

**Learning More About the History of Civil Unions**

As of June 1, 2014, same-sex marriages have been legal in the state of Illinois under legislation signed by Governor Pat Quinn. However, before same-sex marriage became legal in Illinois, many LGBT residents of Chicago elected to enter into civil unions with their partners through the [Illinois Religious Freedom Protection and Civil Union Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3294&ChapterID=59). According to an [article](https://www.isba.org/ibj/2011/05/aguidetothenewillinoiscivilunionlaw) in the *Illinois Bar Journal*, that legislation was intended as a comprehensive piece of law to “create a status analogous and equal to marriage under Illinois law—without regard to gender—conferring all the rights, interests, benefits, and burdens available to spouses without, or short of, marriage itself.” In other words, the law permitting civil unions to Illinois residents was designed largely for same-sex couples who could not get married under current state law.

Once same-sex marriage became legal in 2014, same-sex couples who had entered into civil unions could convert their civil union into a marriage—making the date of marriage retroactive to the date of the civil union—within one year of June 1, 2014. Meaning, same-sex couples could apply for a marriage license without paying an additional fee or, within one year of June 1, 2014, could apply for a marriage certificate from the Cook County clerk’s office. But to be clear, state law did not require same-sex couples to convert their civil union. And even now that marriage is an option for same-sex couples, the option of entering into a civil union remains. But what happens when a couple—whether a heterosexual couple or a same-sex couple—wants to dissolve their civil union?

**Taking Steps to Dissolve Your Civil Union**

Dissolving a civil union is not too different from a divorce. Indeed, the *Illinois Bar Journal* article emphasizes that the legal language for civil union dissolution “differs little from that provided by Illinois law to parties to a marriage.” To begin the process of dissolving your civil union, one of the parties will need to petition for a dissolution of the civil union under Section 45 of the Illinois Religious Freedom Protection and Civil Union Act and the Illinois Civil Practice Act. Just like in a divorce, the court will determine the following:

- Equitable division of property;
- Maintenance;
- Allocation of Parenting Decisions (formerly known as custody);
- Parenting Schedule; and
- Child support.

The complex steps involved in property division will still exist when you petition to dissolve your civil union. And if there are children from the civil union, the court will also make determinations about allocating parenting responsibilities, parenting, and child support.

**Contact a Chicago Civil Union Lawyer**

Given that the dissolution of a civil union looks very similar to a divorce in Chicago, it is extremely important to have experienced legal counsel on your side. An experienced Chicago civil union lawyer can assist with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Dissolving a Civil Union

---

### [Closing the Pay Gap Through Spousal Maintenance](https://familylawadvocate.com/closing-the-pay-gap-through-spousal-maintenance/)

**Published:** April 20, 2016
**Author:** familylawadvocate

**Content:**

**Closing the Pay Gap Through Spousal Maintenance**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Nearly 40 years have passed since the U.S. Supreme Court’s decision in [*Orr v. Orr*](https://www.uakron.edu/dotAsset/d32920ef-32cd-4656-a362-bb0f77c68a00.pdf) made clear that state statutes must be gender-neutral when it comes to [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), and thus cannot require only men to pay [alimony](https://familylawadvocate.com/divorce/spousal-maintenance/) in the event of divorce. But given what we know about the pay gap, do women in heterosexual marriages ever end up making maintenance payments to their ex-husbands? According to a [recent article](http://time.com/money/4116161/alimony-reform-spousal-support/) in *Time Magazine*, pushes toward alimony reform across the country and shifts in the payor and payee spouse suggest that the gender pay gap may in fact be closing—or at least is not as stark as it once was.

**Illinois’s Spousal Maintenance Formula

We have previously discussed Illinois’s spousal maintenance formula, which became a standard under law relatively recently. Yet to understand whether the gender pay gap is indeed made obvious through alimony statistics, it is important to get a brief reminder of how spousal maintenance is calculated in Illinois. To begin with, the formula applies for spouses with a combined gross income of less than $250,000, according to an [article](http://iln.isba.org/blog/2014/08/18/spousal-maintenance-guidelines-become-law-illinois) from the Illinois State Bar Association. Then, the formula works like this:

- Maintenance award = 30 percent of the payor’s gross income minus 20 percent of the payee’s gross income.

The maintenance award cannot exceed 40 percent of the combined gross income of the payor and payee. The formula assumes that the spouse making more money will be the payor spouse. So, in a hypothetical example, we can assume that the payor spouse has an annual gross income of $100,000 and the payee spouse has an annual gross income of $20,000. Under the formula, the payee spouse’s maintenance award would be 30 percent of $100,000 ($30,000) minus 20 percent of $20,000 ($4,000) for an award of $26,000 annually.

**Effects of the Pay Gap on Spousal Maintenance**

In a majority of situations involving heterosexual married couples, the ex-husband is the payor spouse while the ex-wife is the payee spouse. According to a [report](http://www.aauw.org/research/the-simple-truth-about-the-gender-pay-gap/) from the American Association of University Women (AAUW), this discrepancy results in large part from the gender pay gap, which is larger among older adults.

What is the gender pay gap? In short, it is the term that refers to the statistical evidence that men earn more than women for the same work. According to the AAUW report, the gap is smaller among younger Americans, “women typically earn about 90 percent of what men are paid until they hit 35.”  However, the gap widens significantly as we look at older generations, where “median earnings for women are typically 76-81 percent of what men are paid.”

Yet as the article in *Time Magazine* suggests, younger generations of women are paying alimony more frequently than did women in older generations, and those women tend to be among the ones pushing for alimony reform in various states. The article suggests that women who are making spousal maintenance payments tend to be “more outraged” than men who pay spousal maintenance, and thus many of those women are driving forces behind reform initiatives. But more importantly, the article intimates that those moves toward reform reflect a closing of the gender pay gap.

If you have questions about spousal maintenance in Illinois, a dedicated Chicago divorce attorney can assist with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your situation.

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**Categories:** Uncategorized

---

### [Importance of a Prenup for High Net Worth Divorce](https://familylawadvocate.com/importance-of-a-prenup-for-high-net-worth-divorce/)

**Published:** April 25, 2016
**Author:** familylawadvocate

**Content:**

**Importance of a Prenup for High Net Worth Divorce**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

[Premarital agreements](https://familylawadvocate.com/divorce/) are important for any couple in Chicago, regardless of the amount of money each has or each plans to make in the future. However, premarital agreements—also known as prenuptial agreements or prenups—are “crucial” for couples entering into high net worth marriages, according to an [article](http://www.fa-mag.com/news/prenuptial-agreements-are-crucial-for-high-net-worth-marriages-24011.html) in *Financial Advisor Magazine*. Indeed, in the event of a high net worth divorce, a prenup can reduce complications involving finances, and it can also protect assets while ensuring that both spouses are financially secure.

What else do you need to know about premarital agreements in Illinois?

**Carefully Drafting a Premarital Agreement**

In Illinois, prenups are governed by the [Illinois Uniform Premarital Agreement Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&). In Illinois both parties must be represented by at attorney for a prenup to be valid.  It is extremely important to work with an experienced Chicago family lawyer when drafting your premarital agreement, as any hint that the agreement was not entered into voluntarily by one of the parties, or that the agreement is unconscionable, can result in a court deciding that the prenup is not enforceable. Especially when it comes to high net worth marriages, it is essential that you take all the necessary steps to show that your spouse entered into the prenup understanding the financial implications.

Why else is it important to carefully craft the language of your premarital agreement? In addition to making sure that the court will enforce the prenup in the event of divorce, the language contained in the premarital agreement can drastically change the outcome of your divorce settlement. Prenups can have a big impact on divorces in which much of the wealth was accumulated during the marriage.

The article in *Financial Advisor Magazine* cites two different cases of high net worth couples, with one securing a premarital agreement and the other couple going without a prenup. In the case of the couple without a premarital agreement, much of the wealth accumulated during the marriage (between $11 and $17 billion) was divided between the spouses nearly equally. Differently, the second couple entered into a prenuptial agreement before the marriage, specifying how the nearly $7 billion accumulated during the marriage would be divided in case of divorce. The court upheld the prenuptial agreement, and it ensured that both spouses were financially secure while protecting the assets of the payor spouse.

**How to Draft a High Net Worth Prenup**

What steps do you need to take to draft an enforceable premarital agreement? First, it is important to understand what can and cannot be included in a prenup. Under Illinois law, couples can contract about the disposition of property, spousal support, and other assets or debts in a prenup, but they cannot contract about child support in the event of divorce.

When coming to an agreement about how assets will be divided, the article emphasizes the following to ensure that you have an enforceable agreement:

- Being open about wealth and financial assets before the marriage;
- Drafting the premarital agreement with sufficient time before the wedding such that the other spouse does not feel pressured;
- Both parties are represented by their own lawyer;
- Encouraging the other spouse to engage in active negotiation before signing; and
- Being willing to make concessions about terms in the prenup.

High net worth divorces can be extremely complicated, but a premarital agreement can help to protect parties in the event of a divorce. If you have questions about preparing a prenup or filing for divorce in Illinois, an experienced Chicago divorce lawyer can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case.

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**Categories:** Premarital Agreement

---

### [Difficulties with Child Support Collections Enforcement](https://familylawadvocate.com/difficulties-with-child-support-collections-enforcement/)

**Published:** May 9, 2016
**Author:** familylawadvocate

**Content:**

**Difficulties with Child Support Collections Enforcement**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

For many Chicago residents who are having difficulty with [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/), the fact that Chicago needs money to fund its [child support enforcement](https://familylawadvocate.com/divorce/child-support-collections-chicago/) program is no longer surprising. Indeed, we have previously discussed Cook County State’s Attorney’s plans to seek funding from the federal government to make up for a lack of funding from the state of Illinois. But the problem of a lack of funding has reached other parts of Illinois. According to a [recent article](http://www.dailyherald.com/article/20160310/news/160319777/) in the *Daily Herald*, Illinois taxpayers may have to take on the burden of funding (at least in part) child support collections programs.

**Absent State Funding for Child Support Collections Enforcement

According to the article, taxpayers in Kane County—a location in Illinois in which many Chicago employees live and from which they commute to work—may shoulder the burden of child support enforcement costs if another solution does not arise soon. There are numerous single parents in the area who need assistance with child support collections, yet there remains a large void left by the lack of state funding.

What is the solution to the problem? One possible solution involves turning to taxpayers. The current Kane County State’s Attorney, Joe McMahon, has requested “an emergency loan that would put local taxpayers on the hook to pay for child support enforcement conducted by his office.” What kind of funds are we talking about here? In total, the office needs around $746,000 of federal and state funding combined to do the level of child support collection work for parents who are not receiving payments. Last year, the enforcement staff in Kane County collected nearly $26 million in unpaid child support payments. State funding is supposed to come through a contract with the Illinois Department of Healthcare and Family Services.

However, as McMahon has made clear, “the state has failed to fulfill its end of the deal.” Without an Illinois state budget, counties surrounding the greater Chicago area have had difficulty finding funds to pay for child support collection enforcement, and unless there is a solution soon, children across the state could suffer the consequences. If the county officials want to be able to keep up with the child support collection enforcement needs, how much will taxpayers need to provide? In total, this year alone, taxpayers may end up being “on the hook for $310,000.” Without a state budget next year, taxpayers could end up being responsible for the full amount needed: at least $746,000 if past costs are any indication.

**If Taxpayers Do Not Provide Funds, the State Will Take Responsibility**

What happens if taxpayers do not provide the kind of funding needed for child support collections? According to the article, the local child support enforcement unit will close, and “the enforcement duties would fall back to the state.” This could end up being a disaster in the long run, as “McMahon doesn’t believe the state has the manpower in place locally to perform the enforcement task as efficiently or aggressively as his staff already does.”

In short, families who rely on local child support enforcement offices could suffer. If you are having difficulty obtaining court-ordered child support payments, an experienced [Chicago child support collections attorney](https://familylawadvocate.com/contact-us/) may be able to help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your case.

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**Categories:** Child Support Collections

---

### [Illinois Inn Fined for Refusal to Host Civil Union Ceremony](https://familylawadvocate.com/illinois-inn-fined-for-refusal-to-host-civil-union-ceremony/)

**Published:** May 12, 2016
**Author:** familylawadvocate

**Content:**

**Illinois Inn Fined for Refusal to Host Civil Union Ceremony**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you want to have a [civil union](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) ceremony in Chicago, are you free to rent any location you choose, or can an establishment in the Chicago area refuse to host a civil union ceremony by claiming that “homosexuality is immoral and unnatural”? This is not simply a hypothetical question. To be sure, according to a [recent article](http://time.com/4275490/same-sex-civil-union-illinois-inn/) in *Time Magazine*, the Illinois Human Rights Commission issued a fine of $80,000 to an Illinois inn because it “refused to host a civil union ceremony for a same-sex couple.” Civil unions—and [same-sex marriage](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/), too—are legal in the state of Illinois. Why did this establishment discriminate against the couple?

**Inn in Illinois Ordered to Pay Damages for LGBT Discrimination**

In theory (and under the law), a same-sex couple should not have to face discrimination from hosting establishments when choosing a venue for a civil union or same-sex marriage ceremony. However, the recent situation is a reminder about the complications of same-sex unions in Illinois and across the country. How did this happen? In short, according to the article, a same-sex couple contacted the TimberCreek Bed & Breakfast to discuss the possibility of TimberCreek hosting the couple’s civil union ceremony. The facility refused to host, however. Instead, the inn’s owner responded to the same-sex couple by e-mail, informing them that “homosexuality is immoral and unnatural.”

The members of the same-sex couple filed a discrimination lawsuit. In response to the lawsuit, an administrative law judge in Illinois ordered the inn to pay damages to the couple totaling $15,000 each, according to a separate [article](http://www.windycitymediagroup.com/lgbt/Same-sex-couple-prevails-against-BB-/54726.html) in the *Windy City Times*. Those damages are intended to compensate for emotional distress. In addition, as the *Time Magazine* article pointed out, the Illinois Human Rights Commission has also fined the inn $80,000 for its refusal to provide services to same-sex couples.

**Consequences of Violating the Illinois Human Rights Act**

In addition to ordering damages, the administrative law judge also ordered the following:

- For TimberCreek to cease and desist from violating the [Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&);
- For TimberCreek to provide access to the inn for the plaintiffs within one year for a civil union ceremony; and
- Attorneys’ fees and costs totaling $50,000.

One of the plaintiffs in the same-sex couple, Todd Wathen, expressed his reaction to the judge’s decision: “We are very happy that no other couple will have to experience what we experienced by being turned away and belittled and criticized for who we are.” Wathen also underscored that the judge’s decision to award compensatory damages makes clear that he and his partner “suffered a real harm” as a result of the inn’s violation of the Human Rights Act.

It can be difficult for same-sex couples to understand their rights when it comes to civil unions and same-sex marriages, particularly since many of the laws governing these legal relationships are relatively new for Chicago area residents. If you have questions or concerns about your rights regarding a civil union or same-sex marriage, an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/) can assist with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about how we can help.

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**Categories:** Civil Unions

---

### [Spousal Maintenance and Your Taxes](https://familylawadvocate.com/spousal-maintenance-and-your-taxes/)

**Published:** May 16, 2016
**Author:** familylawadvocate

**Content:**

**Spousal Maintenance and Your Taxes**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

If you pay [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) (also commonly known as alimony), how does this affect your taxes? Under new Illinois divorce statute (effective January 1, 2016) ([Public Act 09-0961](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961&GA=98)), courts in Chicago and throughout Illinois now follow a formula for determining spousal maintenance if a couple’s combined income is less than $250,000. Just because there are now guidelines in place for ordering the amount and [duration of spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), however, does not mean that the way in which you file your taxes will look much different. To be sure, when you file your federal tax returns, you may be able to consider various forms of maintenance as alimony.

**Spousal Maintenance Paid as a Tax Deduction**

According to a [tax topics guide](https://www.irs.gov/taxtopics/tc452.html) from the Internal Revenue Service (IRS), any spousal maintenance (or, as the federal government describes it, “alimony”) paid is tax deductible. Specifically, taxpayers are instructed that they “may deduct from income the amount of alimony or separate maintenance” paid to the payee former spouse, and the payee former spouse “must include in income the amount of alimony or separate maintenance received.” What counts as spousal maintenance for federal tax purposes? In short, more than money paid under a final spousal support order can count as alimony or spousal maintenance when you file your taxes.

The guide makes clear that amounts paid under spousal maintenance or alimony final orders, as well as under certain separation agreements, can be considered alimony when it is time to file your taxes.

**What Counts as Spousal Maintenance for Tax Purposes?**

While spousal maintenance can provide a payor spouse with an opportunity for a tax deduction, there are limitations. The following must also be true in order to deduct alimony amounts from your income if you are a payor spouse:

- You are not filing a joint tax return with your spouse;
- You make the payment with money (not goods);
- Your former spouse (or someone operating on behalf of your spouse) receives the payment;
- You do not have any kind of court order specifying that the payment amount is *not alimony* or maintenance;
- You are not living in the same household as the payee spouse at the time of the payment;
- Your payment is not a property settlement;
- You did not specifically agree in your divorce that you the payor former spouse *would* pay the tax; and
- Your payment is not for child support.

What does not count as tax-deductible spousal maintenance? The guide lists the following:

- Child support;
- Property settlements that are not cash;
- Any payments that are actually part of your spouse’s income under community property rules (since Illinois is not a community property state, this is not usually an issue for Chicago area and Illinois residents);
- Payments to maintain property owned by the taxpayer;
- Use of property; and
- Voluntary payments (or, in other words, those not required by an order or settlement as maintenance).

**Contact a Chicago Spousal Maintenance Attorney

Determining what counts as alimony and what does not can be complicated, and situations can differ depending upon the persons involved. However, an experienced [Chicago spousal maintenance lawyer](https://familylawadvocate.com/contact-us/) can help you to better understand the implications of spousal maintenance payments. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about how we can assist with your case.

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**Categories:** Spousal Maintneance

---

### [Child Custody and Working Moms](https://familylawadvocate.com/child-custody-and-working-moms/)

**Published:** May 20, 2016
**Author:** familylawadvocate

**Content:**

For a long time, there was a general presumption in society that mothers tend to be awarded [physical custody](https://familylawadvocate.com/divorce/child-custody/) of their children because they tend to be the ones who stayed at home to raise the kids during the marriage. However, times have changed, and it is important to think about how issues of [child custody](https://familylawadvocate.com/divorce/child-custody/) and working mothers can come into play in a Chicago area courtroom. According to an [article](http://www.huffingtonpost.com/lisa-helfend-meyer/child-custody-and-the-wor_b_3369173.html) in the *Huffington Post*, more than 70 percent of mothers are currently in the workforce, and about 30 percent of working wives earn more than their husbands. Does this shift play a role in child custody decisions made by Illinois courts?

**Allocation of Parental Responsibilities**

To better understand whether the shift in the number of working mothers might have an impact on child custody, we should take a closer look at how courts determine “custody” arrangements. As many Chicago area residents know, an overhaul to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) that took effect on January 1, 2016 moved away from the term “child custody” in favor of the term “parental responsibilities.” Hoping to suggest a closer, more natural relationship between parents and children (as opposed to one defined entirely by the law), the legislators involved in the overhaul of the law changed the language by which to describe a parent’s custody of a child. Part VI of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the allocation of parental responsibilities.

According to the law, parental responsibilities are defined as “both parenting time and significant decision-making responsibilities with respect to a child.” In other words, parental responsibilities involve duties that we used to talk about under the language of legal custody and residential custody. When we think of legal custody, we typically think about whether a parent has substantial decision-making responsibilities concerning his or her child, and these do not have much to do with where the child actually lives or spends most of his or her time. Residential custody, differently, referred to where the child lived, and often coincides with a parent having certain “caretaking functions,” that are important but do not involve significant decision-making.

Now, how does a court decide who has parental responsibilities and to what extent?

**Considering the Best Interests of the Child**

When the court allocates decision-making responsibilities to a parent or parents, it looks to see what is in the child’s best interests. The court can take into account a number of different factors in making this determination, such as:

- Child’s needs;
- Child’s wishes (depending upon their age);
- Wishes of the parent;
- Previous role of the parent(s) in decision-making processes; and
- Child’s adjustment to a particular home or community.

The statute specifically lays out a number of other factors, too. But can a court reason that a mother’s full-time employment takes away from her ability to provide for a child’s needs, versus an “at-home mom”? According to the article in the *Huffington Post*, courts clearly cannot discriminate against a mother (or father) who works. However, if the mother is the primary earner in the family that requires a lot of business travel, for instance, and the father has a job that allows him to work from home, the court may reason that residential custody (now known as “parenting time”) should favor the father.

Would such a decision have implicit biases against working mothers? It is difficult to say, but the “best interests of the child” standard is supposed to focus on just that—what is in the child’s best interest regardless of gender biases.

If you have questions about Allocation of Parental Responsibilities under Illinois law, a dedicated [Chicago family law attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Child Custody and Working Moms

---

### [Entering Into a Civil Union to Avoid the Marriage Tax Penalty](https://familylawadvocate.com/entering-into-a-civil-union-to-avoid-the-marriage-tax-penalty/)

**Published:** June 9, 2016
**Author:** familylawadvocate

**Content:**

**Entering Into a Civil Union to Avoid the Marriage Tax Penalty**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

Prior to the legalization of [same-sex marriage](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) in Chicago and across Illinois and the country, [civil unions](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) provided same-sex couples with the ability to have many of the legal rights and obligations associated with marriage. Indeed, under the [Illinois Religious Freedom Protection and Civil Union Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3294&ChapterID=59) (750 ILCS 75/), “a party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses.” As of 2014, however, same-sex couples who are Illinois residents have been able to get married under [Religious Freedom and Marriage Fairness Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3525&). That law makes clear that “all laws of this State applicable to marriage . . . shall apply equally to marriages of same-sex and different-sex couples and their children.”

Since the passing of Illinois’s same-sex marriage law, same-sex marriage has become legal throughout the country. Why, then, would couples continue to opt for a civil union instead of entering into a marriage? According to an [article](http://www.forbes.com/sites/beltway/2014/06/05/are-domestic-partnerships-a-way-for-heterosexual-couples-to-avoid-the-marriage-tax-penalty/#29de1dd07619) in *Forbes Magazine*, the answer (at least in some cases) may have to do with the marriage tax penalty.

**Civil Unions as Potential Tax Shelters**

When we say that some couples may be opting for civil unions instead of marriages, we do not just mean same-sex couples for whom marriage was not previously an option. Indeed, according to the article, most of the couples who are opting for same-sex unions as opposed to legal marriages are actually heterosexual couples. As the article explains, “by choosing a domestic partnership or civil union over marriage, opposite-sex couples are able to avoid paying a federal income tax marriage penalty.”

Selecting civil unions over marriage is not a new practice. As the article explains, since many civil union laws went into effect—in Illinois and in other states across the country—heterosexual couples began taking advantage of the way in which a civil union would provide certain benefits of marriage but also allow them to avoid the marriage penalty.

**Understanding the Relationship Between the Marriage Tax Penalty and Civil Unions**

In order to understand why a heterosexual couple might choose a civil union for the reasons we have discussed above, it is important to understand precisely what we mean when we refer to a marriage tax penalty. In short, “married couples (of whatever gender) pay a marriage penalty if the spouses make similar incomes.” However, “if one spouse earns substantially more than the other, the couple may enjoy a marriage bonus.” How does this work?

According to a [calculator](http://www.taxpolicycenter.org/interactive-tools/marriage-bonus-and-penalty-tax-calculator) from the Tax Policy Center, when a newly married couple combines their income and files a joint tax return, their combined incomes can push them into a higher tax bracket. In other words, then, the couple can “suffer a ‘marriage penalty’ if its partners pay more income tax as a married couple than they would have as two single individuals,” according to the Tax Policy Center.

If you have questions about whether you should be thinking about entering into a civil union or a marriage, an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/) can discuss the pros and cons of each with you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about how we serve clients throughout Chicagoland.

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**Categories:** Civil Union

---

### [Child Support Collections and the Legal Consequences of Failing to Pay](https://familylawadvocate.com/child-support-collections-and-the-legal-consequences-of-failing-to-pay/)

**Published:** June 15, 2016
**Author:** familylawadvocate

**Content:**

**Child Support Collections and the Legal Consequences of Failing to Pay**

[By: M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/ "By: M. Scott Gordon")

**Continued Problems with County Child Support Collections Funding in Illinois**

[Child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/) are currently a hot topic in the Chicago area and, indeed, throughout the state of Illinois. For example, a [recent report](http://wgntv.com/2016/05/02/child-support-funding-in-jeopardy-due-to-state-budget-stalemate/) from *WGN TV News* emphasized that funding for child support collections is currently in jeopardy throughout many Illinois counties because of a budget stalemate. As that report explains, “single parents may soon find it harder to [collect child support](https://familylawadvocate.com/divorce/child-support-collections-chicago/) because local officials who work on the cases have run out of money.” In the short term, counties like Cook County and Kane County have been working to pay for child support collections services through local budgets, but without attention soon from the state, these individual counties will not be able to keep up with the necessary costs.

In Cook County, the State’s Attorney’s office has already filed a lawsuit against the state of Illinois for its failure to reimburse county agencies for child support collections costs. However, no money will be reimbursed to Cook County or any other region of Illinois until a state budget is passed. If single parents who rely on child support payments to raise their children will not be able to secure the help of a county child support collections office, what remedies will they have available to them? In short, they may have to rely on the payor parent’s concerns about the ramifications of failure to make support payments.

**Repercussions for Failure to Make Timely Child Support Payments**

If child support collections offices will not be tracking down negligent parents, what will ensure that payor parents keep up with child support payments? In Illinois, the [Non-Support Punishment Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59) defines the penalties for failure to make support payments, including child support payments and spousal maintenance payments.

Under the law, a parent or former spouse can be guilty of failure of support in several different circumstances, including when she or he “without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide support.” The law does have a presumption of the payor parent’s ability to provide support. As such, the inability to pay can mean that the payor parent may not actually commit the offense of failure to support.

If the parent does have the ability to make child support payments and does not, what are the legal consequences? The statute explains that consequences can include but are not limited to:

- Fine that can total anywhere from $1,000 to $25,000 depending on the length of time for which the support obligation has remained unpaid and the total amount of the support obligation due;
- Imprisonment; and
- Restitution.

**Contact a Child Support Collections Attorney in Chicago**

Failure to pay child support is a serious offense, especially given that many children in the Chicago area rely on these payments in order to live healthy lives. Although Illinois counties may no longer be able to fund child support collections services, an experienced [child support collections attorney in Chicago](https://familylawadvocate.com/contact-us/) might be able to help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information about how we can assist with your child support collections claim.

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**Categories:** Child Support Collections

---

### [Civil Unions and Health Insurance Policy FAQs](https://familylawadvocate.com/civil-unions-and-health-insurance-policy-faqs/)

**Published:** August 4, 2016
**Author:** familylawadvocate

**Content:**

**Civil Unions and Health Insurance Policy FAQs**

By M. Scott Gordon

**Background to Civil Unions and Same-Sex Marriages in Chicago**

Since June 1, 2014, [same-sex couples](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) have been able to legally marry in Chicago, according to a fact sheet from the Cook County Clerk’s office. Prior to same-sex marriage becoming legal in Illinois, our state had a law, the [Illinois Religious Freedom Protection and Civil Union Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3294&ChapterID=59) (750 ILCS 75/), which permitted same-sex couples to enter into civil unions. Under that law, same-sex couples would be “entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses.” For most Chicago area residents, civil unions largely were viewed as a precursor to same-sex marriage. While the Civil Union Act provides that couples in [civil unions](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) have the same legal protections as couples in marriages, it did not have the same underpinnings of equality.

Illinois law permitted same-sex marriage before many other states in 2014, and the U.S. Supreme Court ruling in [*Obergefell v. Hodges*](http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf) (2015) made same-sex marriage a national right in all 50 states. As the Cook County Clerk’s office explains, however, same-sex couples in civil unions do not have to convert their civil unions to marriages, and new couples can choose to enter into a civil union instead of a marriage.

If you are currently in a civil union or considering one, what do you need to know about how it will impact your health insurance? It might seem like a minor issue, but matters involving insurance and taxation can end up having a major financial effect.

**Frequently Asked Questions About Civil Unions and Health Insurance**

Is a civil union different than a marriage for purposes of health insurance? In many respects, the two are treated the same. However, there are some distinctions when federal programs are involved. If you want to have certain federal benefits, you might want to consider entering into a marriage instead of a civil union.

The following are some commonly asked questions about civil unions and health insurance, according to a [press release](https://insurance.illinois.gov/newsrls/2011/05/CivilUnionsFinal05-25-11.pdf) from the Illinois Department of Insurance at the time the Civil Union Act became effective in Illinois:

- Will entering into a civil union allow me to add my partner to my health insurance policy through work? Generally speaking, yes. Since civil unions provide the same legal rights, responsibilities, and protections as those provided to legal spouses, insurers must provide couples in civil unions coverage options that are identical to those offered to legally married spouses.
- If I have a domestic partner but we have not been joined in a civil union, do we have any of the rights provided to spouses when it comes to health insurance benefits? No. In order to have the protections of partners in a civil union, you must legally enter into a civil union.
- Will my civil union be treated the same way as a same-sex marriage for purposes of Medicare eligibility? Until the decision in *Obergefell*, Medicare (and other federal entities) did not treat couples in legally recognized civil unions as if they were legal spouses. However, as a fact sheet from *gov* explains, Medicare and Social Security now may recognize a non-marital legal relationship, such as a civil union, as a marriage in order to determine Medicare eligibility.

In short, most if not all rights and protections afforded to spouses when it comes to health insurance also are afforded to couples in civil unions. Yet it is important to speak with an experienced Chicago family lawyer if you have questions. While federal law now recognizes same-sex couples as equals, being in a civil union, for instance, does not allow you to file a federal tax return as “married filing separately or jointly filing status,” according to [*IRS.gov*](https://www.irs.gov/uac/answers-to-frequently-asked-questions-for-registered-domestic-partners-and-individuals-in-civil-unions).

If you have questions, a family law attorney in our Chicago or Skokie, Illinois offices can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Civil Unions

---

### [Unanswered Questions About Spousal Maintenance in Chicago](https://familylawadvocate.com/unanswered-questions-about-spousal-maintenance-in-chicago/)

**Published:** August 18, 2016
**Author:** familylawadvocate

**Content:**

**Unanswered Questions About Spousal Maintenance in Chicago**

By M. Scott Gordon

If you are in the process of getting divorced or are considering filing for divorce in Chicago, you may have questions about how the new [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) formula will apply to you. As an [article](https://iln.isba.org/blog/2014/08/18/spousal-maintenance-guidelines-become-law-illinois) from the *Illinois State Bar Association* explains, the new [guidelines on spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) (or alimony), which went into effect on January 1, 2015, aimed to streamline the process of awarding spousal maintenance and to provide some objectivity or uniformity in the process. The changes to the law came about at the same time as a number of alterations to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0) (IMDMA).

Yet numerous questions and concerns remain. For instance, is the interplay between spousal maintenance and child support calculations fair to the payor spouse or to the children for whom child support is awarded? What happens when part of the payor spouse’s income is also part of the marital assets she received as part of property division? And given that the new guidelines have a threshold gross joint income of under $250,000, at what point should the court make a determination about income when figuring out a spousal maintenance payment?

**Financial Implications of Spousal Maintenance and Child Support Calculations**

In some respects, the new law did answer some questions and eradicate some difficulties that judges used to have in awarding spousal maintenance payments. For instance, the new law makes clear that courts need to subtract spousal maintenance payments from a payor spouse’s income before calculating what that party owes in child support. In other words, the amount of child support will be determined by a supporting spouse’s net income after the judge calculates spousal maintenance payments. Then, once spousal maintenance payments have been deducted, the judge will use the spouse’s revised net income (minus the spousal support) to determine an appropriate amount of child support.

As such, an award of spousal maintenance can result in a lower child support payment. In addition, payee spouses need to remember that spousal maintenance payments under the law count as taxable income, while child support payments do not. Given that information, in certain cases a spousal maintenance award may not be as helpful as a payee spouse initially assumes.

**Assets and Income from the Division of Marital Assets**

Another issue that remains is how a court will treat income—for purposes of calculating spousal maintenance—that derives from a marital asset awarded to the payor spouse during the division of marital property. For instance, if a court defines a small business as a marital asset and values it at $200,000, and then awards the business to the payor spouse during the division of marital property, does that $200,000 get counted as part of the gross income of the couple? Generally speaking, courts defined income broadly under the IMDMA, but an experienced Chicago divorce lawyer can help you to better understand your options.

**When Does the Court Look at Gross Income?**

Given that the new guidelines have a threshold gross income of under $250,000, many Chicago residents want to know when the court will make a determination about income. Why is this important? Does the court take a snapshot of the couple’s joint income at the time of filing for divorce, or at the time it determines whether spousal maintenance is appropriate? Or, differently, will the court look at the couple’s most recent tax returns? Since incomes can change drastically in a short period of time—say one spouse loses a job after filing for divorce or, on the opposite end of the spectrum, gets a much higher-paying job—and changes to income could have a big impact on the amount of spousal maintenance awarded.

The IMDMA does not address this directly, and it is important to seek advice from an experienced spousal maintenance lawyer in the Chicago area. An advocate at our firm can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case.

Check out our Illinois Maintenance Calculator [here](https://familylawadvocate.com/illinois-maintenance-calculator).

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**Categories:** Spousal Maintenance

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### [Divorce and Family Pets](https://familylawadvocate.com/divorce-and-family-pets/)

**Published:** August 25, 2016
**Author:** familylawadvocate

**Content:**

**Divorce and Family Pets**

By M. Scott Gordon

When couples in Chicago [file for divorce](https://familylawadvocate.com/divorce/), we often hear about issues that arise from friends and family members, such as spousal maintenance worries or concerns about how the court will determine the allocation of parental responsibilities (formerly known as child custody). Couples also have anxieties about the division of marital property and what a judge will decide is equitable when assigning debts and assets to spouses. All of these issues are governed by the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA).

Yet in many of those discussions, Chicago area residents are not thinking about how a court will decide who gets to keep—or take custody of—a family pet. While it might sound unnecessary or even ludicrous to argue about custody of a dog or cat, an [article](http://time.com/money/3994618/divorce-pet-custody-dogs-cats/) in *Time Magazine* emphasizes that, “for divorcing couples, pets can be just as important as kids.” To be sure, coming to an agreement about where a family pet will live after a divorce can become an extremely contentious issue. How might a court decide such an issue?

**Dealing with the Family Dog During Divorce Proceedings**

As the *Time Magazine* article highlights, the question of who would keep a family pet after a divorce typically never arose during most divorce proceedings over the last several decades. However, more recently, pets and their needs have become central to many divorces, and the article estimates that the matter of pet ownership or custody arises in as many as 50 percent of all current divorces. And in around 10 percent of those cases, the issue of pet custody becomes especially contentious.

While divorcing spouses likely are concerned about their cats, parrots, reptiles, and other pets, an overwhelming majority of these matters center around family dogs. Indeed, the *Time Magazine* article reports that approximately 88 percent of pet concerns that arise during divorces involve dogs. Also, the related issue of paying for the dog’s food and care frequently becomes a topic of concern, particularly for Chicago area residents and other pet owners who live in large, urban areas.

According to a study conducted by researchers at the University of Pennsylvania School of Veterinary Medicine, caring for a small dog costs an average of $2,674 per year. If you are raising a bigger dog, the costs increase. Those researchers determined that providing care for a medium-sized dog costs an annual average of $2,889, while large dogs cost around $3,239.

**Recent Case Law on Divorce and Family Pets**

How would a Chicago area court decide a question of dog custody? In Illinois, the case to address this issue did not occur until just last year. In the case of [*In re Marriage of Enders and Baker*](http://www.illinoiscourts.gov/Opinions/AppellateCourt/2015/1stDistrict/1142435.pdf) (2015), an appeal from the Circuit Court of Cook County concerned a divorcing husband who filed a petition to have visitation with the two dogs that he and his wife acquired the dogs during the marriage. The husband argued that he should have joint custody of the pets and access to visitation even though he moved out of the marital home and currently resided in a building that did not permit him to have pets. The trial court found in favor of the wife and did not order visitation. The husband appealed and argued that Illinois courts do have the power to order pet visitation and that such a decision would be in the best interests of the dogs.

The Appellate Court looked to a New York case for guidance, which concluded that the same “best interests of the child” standard applied in child custody, or allocation of parental responsibilities, cases should not apply to pets. Instead, the Court determined that the dogs were more like property than children, and thus an Illinois court cannot order pet visitation.

If you have questions about property division or family pet issues in divorce, you should speak with an experienced Chicago divorce lawyer as soon as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your case.

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### [Child Support Awareness Month Highlights Collections](https://familylawadvocate.com/child-support-awareness-month-highlights-collections/)

**Published:** September 6, 2016
**Author:** familylawadvocate

**Content:**

August is Child Support Awareness Month. The Illinois Department of Healthcare & Family Services (HFS) recently issued a [press release](http://www3.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=2&RecNum=13729) that emphasized some of the talks and activities associated with Child Support Awareness Month, including efforts to improve [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/) in Chicago and throughout the state. What else do you need to know about Child Support Awareness Month? And do such public outreach campaigns result in better [child support collection efforts](https://familylawadvocate.com/divorce/child-support-collections-chicago/) over the year?

**Learning More About Child Support Awareness Month**

As the press release explains, Child Support Awareness Month is all about ensuring that children in Illinois have the proper environment for success. The activities for this public awareness campaign kicked off on August 9, with a “Brighter Tomorrows” event featuring Lieutenant Governor Evelyn Sanguinetti. As Felicia Norwood, the Director of HFS explained, “in August we celebrate parents who support their children and children who benefit from the support of both parents.” She went on to articulate how “parents who pay and parents who receive child support are building healthy foundations for children.”

In Illinois, HFS serves around 480,000 families and provides a number of different child support services. When it comes to child support collections, HFS can help parents to obtain a child support order and to enforce it—collecting child support owed—when it is necessary. Norwood emphasized that child support is extremely important in terms of financially raising a child, but it can also have a psychological impact.

To be sure, financial child support payments provide economic help for kids, but those payments also provide “a lifelong knowledge that their parent cares enough to contribute to their well-being and needs.” As such, when parents pay child support on time according to the court order, it helps to “create a solid foundation that can build a brighter tomorrow for children.” On average, child support makes up around 16 percent of a family’s income in Illinois. Yet for families who are below poverty level, child support means even more. Indeed, for families beneath the poverty line, child support makes up around 45 percent of the total income.

**Why is it So Important to Ensure that Child Support Gets Paid?**

As we mentioned above, child support is extremely important for the financial well-being of children in single-parent households. At the same time, regular child support payments serve other purposes, too. The press release emphasizes the importance of enforcement efforts and child support collections because regular child support payments can help to do some of the following:

- Support a family’s self-sufficiency;
- Reduce public spending;
- Increase involvement of noncustodial parents in their kids’ lives; and
- Help improve the cognitive development of children owed child support.

During the last fiscal year, “more than $1.4 billion in child support was collected and disbursed,” the press release reported. And the HFS child support collections program is economically effective, collecting nearly $4.70 in owed child support for every $1 spent.

If you have questions about child support collections or need assistance having your child support order enforced, an experienced [Chicago family law attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Child Support

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### [Making Insurance Changes After Divorce in Chicago](https://familylawadvocate.com/making-insurance-changes-after-divorce-in-chicago/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

**Making Insurance Changes After Divorce in Chicago**

By M. Scott Gordon

When you are in the process of [filing for divorce in Chicago](https://familylawadvocate.com/divorce/), or the surrounding area, you probably are not thinking a lot about various insurance issues that may be impacted by the dissolution of your marriage. Although divorce can be extremely difficult emotionally and financially in the short term, it is also important to pay attention to financial matters that could have a significant impact years later. According to a [recent article](http://www.forbes.com/sites/barbaramarquand/2016/05/25/5-crucial-insurance-changes-after-divorce/#3dea02aceda5) in *Forbes Magazine*, not enough divorcing spouses consider insurance changes they will need to make once the divorce is finalized. However, purchasing insurance now, or changing the beneficiary on your policy in the near future, can help to save money and prevent financial difficulties later on.

What insurance changes will you need to make once your [divorce](https://familylawadvocate.com/divorce/) is finalized? The *Forbes* article discusses some of the following matters that are likely to require your attention.

**Negotiating the Health Insurance Marketplace**

If you were on your spouse’s health insurance plan as a dependent during your marriage, you will need to make an immediate change once the divorce is finalized. Indeed, without changing the way you are listed on your soon-to-be ex-spouse’s insurance plan can result in you losing coverage. You have a few good options.

First, the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) permits “family members who lose group health insurance because of divorce and other life changes \[to\] buy the coverage for up to 36 months.” It is important to note that COBRA coverage is only applicable if your spouse works for a state or local government, or for a private company that has at least 20 employees. To obtain COBRA coverage, you will need to contact the provider for your health insurance plan and let the provider know that you are getting divorced. The provider can give you instructions for making sure that you are covered. In addition to COBRA coverage, you can also select healthcare coverage from your own employer. Even if you are outside the open enrollment period, do not worry. In the event of divorce, you can select a plan outside that open enrollment period.

And if you are not working and cannot obtain COBRA coverage, you can look to the Illinois [healthcare marketplace](https://www.healthcare.gov/get-coverage/) to find coverage that fits your needs and your budget.

**Purchasing Insurance to Cover Spousal and Child Support Obligations**

As part of some divorce agreements, spouses responsible for spousal support and/or child support will need to purchase life insurance and/or disability insurance. In the event of a disabling injury or death, these types of insurance policies can help to ensure that you can continue to meet your support obligations. Typically, divorce agreements will require you to list your ex-spouse as the beneficiary on the policy so that she or he can receive support payments if a claim is made.

These types of insurance come with different options for plan lengths, ranging from five years to 30 years. As such, if you know you will only have support obligations for a specific period of time, you can select the plan that fits your needs.

**Contact a Chicago Divorce Lawyer**

If you have questions about filing for divorce or handling insurance issues once your divorce is finalized, an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about our services.

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**Categories:** Divorce

---

### [Spousal Maintenance and Your Mortgage](https://familylawadvocate.com/spousal-maintenance-and-your-mortgage/)

**Published:** September 15, 2016
**Author:** familylawadvocate

**Content:**

**Spousal Maintenance and Your Mortgage**

By M. Scott Gordon

When your divorce is finalized, will [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/) obligations—known in Illinois as “maintenance” (alimony), have an impact on your ability to obtain a mortgage? Spousal support payments can impact home loans both for payor spouses as well as for payee spouses. In other words, it is important to think about how alimony payments, whether you are making them or receiving them, can affect your ability to obtain a mortgage or to refinance your home loan.

To better understand how paying or being the recipient of maintenance (alimony) can affect a mortgage, you should always seek out help from an experienced lawyer. If you have questions about divorce and [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), a dedicated Chicago divorce attorney can speak with you today.

**Is Spousal Maintenance Even Appropriate?

According to an [article](http://www.quickenloans.com/blog/alimony-prenuptial-agreements-affect-mortgages) from *Quicken Loans*, alimony can have an effect on an individual’s ability to obtain a home loan. Before you begin worrying about how paying spousal maintenance might limit your ability to purchase a new house after your divorce is finalized, it is important to understand that not all divorces involve the awarding of spousal maintenance. Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961) (IMDMA), before a court awards spousal maintenance, it first must determine “whether a maintenance award is appropriate.” To make this determination, the court will look at a number of different factors, including but not limited to:

- Income of each party;
- Amount of property owned by each party;
- Present and future earning abilities of each property;
- Time devoted to domestic duties or delayed education/employment because of the marriage;
- Standard of living during the marriage;
- Duration of the marriage;
- Age of the parties; and
- Physical and emotional condition of the parties.

If the court does determine that spousal maintenance is appropriate, Illinois law recently issued guidelines to determine the amount of the award in order to streamline the process.

**Learning More About Spousal Maintenance and Mortgage Approval

If you are ordered to pay spousal maintenance, will this impact your ability to purchase a new home once the divorce is finalized? According to the article, making alimony payments typically is considered “debt” by a potential mortgage lender, and thus being required to make spousal maintenance payments “can reduce your borrowing power significantly.” As the article explains, if your debts, including spousal maintenance payments, total anywhere from 30 percent to 45 percent of your income, you could have trouble being approved for a mortgage.

On the flip side, however, payee spouses typically can count alimony payments as part of their income when applying for a mortgage. A [home guide](http://homeguides.sfgate.com/use-alimony-qualify-mortgage-2252.html) from *SFGate.com* explains that, if your spousal maintenance payments will continue for at least three years beyond the point at which you apply for a home loan, the lender is likely to look favorably upon that source of income when deciding whether to approve your application.

**Contact a Divorce Lawyer in the Chicago area

Making financial decisions for the months and years after your divorce is finalized can be complicated. If you have questions, an experienced [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with an advocate today.

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**Categories:** Spousal Maintenance

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### [How “Gray Divorce” Impacts Women Differently](https://familylawadvocate.com/how-gray-divorce-impacts-women-differently/)

**Published:** September 22, 2016
**Author:** familylawadvocate

**Content:**

**How “Gray Divorce” Impacts Women Differently**

By M. Scott Gordon

Over the last couple of decades, researchers have identified a trend in [divorce](https://familylawadvocate.com/divorce/) rates and older adults. In short, more people over the age of 50 are getting divorced, according to a [recent article](http://www.forbes.com/sites/jefflanders/2016/07/13/gray-divorce-a-financial-double-whammy-for-women/#14fa46b570fc) in *Forbes Magazine*, and this phenomenon is known as “[gray divorce](https://familylawadvocate.com/divorce/).” While numerous sociologists have begun exploring the reasons for gray divorce and the motivations for Chicago area residents in the Baby Boomer generation to file for divorce during their retirement years, we do not often hear a lot about specific gender issues impacting those new divorcees. As the article argues, gray divorces often results in a more difficult financial future for women than for men.

Why are women disproportionately affected by gray divorce? And are there steps that women in the Baby Boomer generation can take to help limit the financial impact of divorce?

**General Financial Difficulties Later in Life**

To be sure, it is not only women who suffer financially as a result of gray divorce. Regardless of gender, divorce usually deals a financial blow to both spouses. Whereas once a couple split the costs of a single house and the bills and upkeep associated with it, divorce requires two separate residences and two separate sets of utility bills. For younger people, it is easier to “regain their financial footing after a divorce,” yet for people over the age of 50, “the loss can be much harder to recoup.” Indeed, building back up a savings account can be much more difficult if you have already retired (as opposed to if you have plans to continue working and earning money for decades to come).

Yet women are at risk of being disproportionately affected in terms of financial losses in a gray divorce, usually because of social constraints and socialized norms that prevented them from getting ahead in the workforce in prior years. The article explains that, “given higher incomes and more continuous work histories, men are generally much better positioned than women to weather the financial storm of a divorce.” For women in the Baby Boomer generation, getting married often meant taking time away from a job in order to raise children as a stay-at-home mom. While the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961) (IMDMA) makes clear that this kind of decision is one of the factors a court should take into account when determining whether spousal maintenance is appropriate, time away from outside employment can make it difficult to reach your earning potential later on.

**What Can Women Do to Avoid Financial Problems?**

If you are considering divorce in the future, it is a good idea to take steps while you are still legally married to protect yourself. The article recommends some of the following tips:

- Consider maintaining financial independence by keeping separate accounts and saving money;
- Consider health insurance options once your divorce is finalized;
- Meet with a financial planner to discuss savings and Social Security benefits; and
- Learn the ins and outs of your retirement account(s).

If you have concerns about filing for divorce, a dedicated [divorce attorney in Chicago](https://familylawadvocate.com/contact-us/) can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Gray Divorce

---

### [Tracking Divorce Rates by the Season](https://familylawadvocate.com/tracking-divorce-rates-by-the-season/)

**Published:** October 3, 2016
**Author:** familylawadvocate

**Content:**

**Tracking Divorce Rates by the Season**

By M. Scott Gordon

Do Chicago area residents tend to [file for divorce](https://familylawadvocate.com/divorce/) with more frequency during specific time of the year? While it might not immediately sound likely, divorce rates do tend to spike during particular seasons. According to a [recent article](http://www.bloomberg.com/news/articles/2016-08-22/summer-vacations-can-lead-to-divorce) from *Bloomberg*, a new study conducted by sociology researchers at the University of Washington determined that divorce filings tend to be at their highest at two different times of year: in March and in August. What is driving more people to file for divorce at these particular times of the year? And, on the flip side, what leads to downturns in [divorce filings](https://familylawadvocate.com/divorce/) at other times of the year?

The sociology study is, according to the American Sociological Association, the “first systematic, quantitative evidence of a pronounced and durable ‘seasonal’ pattern in the timing of filings for divorce.” The researchers came to some interesting conclusions that we would like to explore in greater detail.

**The “Social Clock” That Governs Families and Couples**

The findings from the recent study determined that more people file for divorce in March and August than at other times of the year. Divorce filings, the article further clarifies, are at all-time lows in November and December, and they also tend to drop during the month of April. What is behind these spikes and plunges? In short, it looks as though we may be able to track divorce trends alongside commonly celebrated American holidays. The authors of the study, Professor of Sociology Julie Brines and Brian Serafini, a doctoral candidate in the field, explained how “family life is governed by a ‘social clock’ that mandates the observations of birthdays, holidays, and other special transitions.”

In other words, even when couples are having problems in their marriages, they tend to stay together—as the data suggests—during certain holiday seasons. As the authors of the study make clear, these trends hold true regardless of economic conditions in the United States.

**Explaining the Seasonal Divorce Trend**

Why are holidays a time to avoid divorce filings? The researchers describe certain holidays, such as Christmas and New Year’s, as “socially sensitive periods in the calendar.” They explain that “vacations and holidays make people optimistic about the future and instill the belief that they can repair their relationships.” For many couples, that optimism tends to last for at least a couple of months beyond the major winter holidays. Yet after the holidays are over and spouses have a chance to reassess stress levels, they “find themselves more unhappy than before their vacations began,” according to the study.

To put it another way, the rituals of the holiday season—as well as summer vacations—can lead a couple to think that there might be hope for the relationship. However, as vacations from work and the excitement of holidays ends, old emotions tend to come back to the surface. Brines and Serafini call this the “broken promise theory.”

**Contact an Experienced Divorce Lawyer in the Chicago area**

Are you thinking about filing for divorce? If you are thinking about divorce but have unanswered questions, an experienced divorce lawyer in the Chicago area can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we assist Chicago residents with a wide variety of issues surrounding divorce and family law.

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**Categories:** Divorce

**Tags:** Chicago Divorce, Chicago Divorce Lawyer, Dealing with Divorce, Divorce Rate

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### [Illinois' ‘Joint custody’ lives on by a new name under revised law, says Circuit Court Judge Arnold Blockman](https://familylawadvocate.com/illinois-joint-custody-lives-on-by-a-new-name-under-revised-law-says-circuit-court-judge-arnold-blockman/)

**Published:** October 6, 2016
**Author:** familylawadvocate

**Content:**

**Illinois’ ‘Joint custody’ lives on by a new name under revised law**

By M. Scott Gordon

Though the term “joint parenting” has replaced “joint custody,” the joint-custody concept survives under the revised Illinois Divorce law — which means judges must continue to put kids first when making parenting decisions.

That’s the view of retired Champaign County Circuit Court Judge Arnold F. Blockman, who says “joint custody” is just as available now as before the enactment of the divorce-law rewrite that took effect last January 1. This is true despite the creation under the new law of an entirely new vocabulary to describe parenting, says Blockman, who serves on the Illinois State Bar Association’s Family Law Section Council.

In the August *Family Law* newsletter, Blockman opines that “\[w\]hatever the other merits…of the new Act, it certainly changed nothing (except terminology) in regard to the parties agreeing as to joint parenting or the ability of the court to impose joint parenting on the parties even without agreement of one or both parents.” As a result, judges still must make sure that divorcing parents have the kind of willingness to cooperate and mutual respect that make joint parenting possible.

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**Categories:** Joint Parenting

**Tags:** Chicago Divorce Lawyer, joint custody, joint parenting

---

### [Parent Liability for Court-Ordered Visitation](https://familylawadvocate.com/parent-liability-for-court-ordered-visitation/)

**Published:** October 10, 2016
**Author:** familylawadvocate

**Content:**

**Parent Liability for Court-Ordered Visitation**

By M. Scott Gordon

Can a parent be held liable for preventing another parent’s court ordered Visitation? Yes. In a recent case ([*In re Marriage of Knoll*](http://www.mmsend94.com/link.cfm?r=GSfD1G_5gn9WoSDLmrtxqw~~&pe=wWUwbLnobOQuwFtN5z_XoM_CkPgYV3M4UOh8vEX8SCvXwDUZHPBHYuPu3_v3CUnIIDkN_I14RRwbK9HEfBo87A~~)) handed down by the Illinois Court of Appeals (1st District), the trial Court found a parent in civil contempt for depriving the other parent of his visitation rights with their child. It was determined that the father was denied his visitation instead of voluntarily electing to forego it, as the mother contended. While the Appeals Court found the civil contempt part of the order to be invalid (it had no “purge” or method for the mother to cure or relieve herself from the contempt), it did find that the trial court properly found that (under Section 607.1 of Dissolution of Marriage Act) the mother had committed visitation abuse for 2 days, and the court properly ordered make-up visitation for periods of time in which husband was unable to exercise his parenting time, which is a remedy expressly authorized by statute. Section 607.1 of the law is a very useful tool to enforce your parenting time.

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**Categories:** Visitation

---

### [Divorce and Bankruptcy](https://familylawadvocate.com/divorce-and-bankruptcy/)

**Published:** October 11, 2016
**Author:** familylawadvocate

**Content:**

**Divorce and Bankruptcy**

By M. Scott Gordon

We often hear about recent Chicago area divorcees who are now having financial problems. To be sure, it is difficult for many people to live on much less monthly income than what they became accustomed to during the marriage. Given that [divorce](https://familylawadvocate.com/divorce/) can result in financial difficulties, it is not uncommon to learn that a recently divorced friend or relative is thinking about filing for bankruptcy. Indeed, an [article](http://www.forbes.com/2007/05/03/divorce-bankruptcy-debt-pf-estates-in_mb_0503money_inl.html) in *Forbes Magazine* suggests that divorce and bankruptcy are two words that appear together with some frequency. But what leads a couple to consider bankruptcy before divorce? If you are separated from your spouse and are thinking about filing for bankruptcy in the Chicago area, what considerations do you need to take into account?

The issue of divorce and bankruptcy is a big one, but we will try to address some key questions and concerns for anyone considering bankruptcy before or after [filing for divorce](https://familylawadvocate.com/divorce/).

**Considering Bankruptcy and Marital Debts Before Divorce**

If you are having financial problems and are having difficulty managing debt, it is important to consider bankruptcy both before and after you file for divorce, considering the pros and cons of each. Generally speaking, whether you should file for bankruptcy before or after you file for divorce depends upon your income, your debts, and the type of bankruptcy protection you plan to seek.

First, we should address debts. Are the debts for which you are considering bankruptcy joint debts? In other words, are those debts property of both you and your spouse? For instance, the majority of your debt might concern credit cards that are currently maxed out, and both you and your spouse have the credit card accounts jointly and both charge items onto them. Or, you and your spouse might have made a major purchase together and thus share the debt owed to a creditor. When debts are owed jointly, it may be a good idea to file jointly for bankruptcy before you dissolve your marriage so that the division of marital property will go smoothly and will accurately reflect marital assets and debts. However, whether you decide to file for bankruptcy before your divorce could depend upon whether you plan to file for Chapter 7 or Chapter 13 bankruptcy.

**Looking at Income and Thinking About Divorce**

If your income allows you to file for [Chapter 7 bankruptcy](http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics) and you plan to liquidate assets in order to discharge debts, then filing for bankruptcy before divorce may be the best option for you. These bankruptcy proceedings are completed much faster than [Chapter 13 bankruptcy](http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics), which requires debtors to develop and complete a repayment plan. As we mentioned above, completing a Chapter 7 bankruptcy tends to be a faster process than completing a Chapter 13 bankruptcy.

As part of a Chapter 13 repayment plan, a debtor (or debtors, in the case of spouses), debtors must have a plan through which they make payments that last between three and five years. As such, if you file for Chapter 13 bankruptcy just before filing for divorce, you will be dealing with the repayment plan for years to come with your ex-spouse.

**Contact a Chicago Divorce Attorney**

If you have questions about how financial problems may impact your divorce, you should speak with an experienced Chicago divorce lawyer as soon as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your situation.

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**Categories:** Divorce

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### [Civil Union Conversions and the History of Same-Sex Marriage in Illinois](https://familylawadvocate.com/civil-union-conversions-and-the-history-of-same-sex-marriage-in-illinois/)

**Published:** October 17, 2016
**Author:** familylawadvocate

**Content:**

**Civil Union Conversions and the History of Same-Sex Marriage in Illinois**

By M. Scott Gordon

When it comes to the story of [civil unions](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) and same-sex marriage in Illinois—and indeed, across the country—the history is not a particularly long one. According to a [recent article](http://www.chicagotribune.com/news/local/breaking/ct-ten-thousand-same-sex-marriages-cook-county-met-20160831-story.html) in the *Chicago Tribune*, now is an important time to reflect upon the ability for same-sex couples to [convert civil unions into marriages](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) in our state, and to consider what this means for equal justice in the Chicago area. Why is now a significant time for reflection? As the article points out, Cook County recently issued the 10,000th same-sex marriage license. Why is this a meaningful number? In short, it encapsulates many of the same-sex couples who decided to convert their civil unions to marriages once the law permitted them to do so, and it also reflects the gaping number of couples who were previously denied rights available to heterosexual couples.

**A Brief Illinois History of Legally Recognized Civil Unions Between Same-Sex Couples**

Until 2014, same-sex marriage was not legal in Illinois, and residents of the Chicago area who had gotten married in other states in which same-sex marriage was permitted could not have their legal relationship recognized throughout the state of Illinois. Prior to same-ex marriage become legal in Illinois, same-sex couples could enter into a civil union. Under [Illinois law](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-1513), same-sex couples have been able to enter into a legally recognized relationship known as a civil union since June 1, 2011.

But as we reflect on the history of same-sex unions in Illinois, it becomes strikingly clear that same-sex couples have only recently acquired some of the same rights to which heterosexual couples have long had access. To be sure, prior to 2011, same-sex couples had no way to enter into a legally recognized relationship in the state of Illinois that came with the rights and privileges afforded to heterosexual couples in a legally recognized marriage.

**Going Beyond the Civil Union**

How did we get here? In terms of laws protecting same-sex couples throughout the country, a momentum in favor of recognizing legal relationships among same-sex couples began in 2013. On June 26, 2013, the U.S. Supreme Court rule that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in [*United States v. Windsor*](http://www.scotusblog.com/case-files/cases/windsor-v-united-states-2/) (2013). DOMA allowed states to refuse to recognize same-sex marriages granted legally in other states. Yet this ruling did not expressly provide same-sex couples with the right to marry. At this point, same-sex couples had the right to a legally recognized union in Illinois known as the civil union.

At the time of the *Windsor* ruling, many Chicago area residents expressed joy and a hope that the Supreme Court’s decision would encourage Illinois to allow same-sex marriages in the state, according to a [report](http://www.nbcchicago.com/blogs/ward-room/Illinois-Reacts-To-Supreme-Courts-DOMA-Ruling-213143461.html) from *NBC 5 News Chicago*. At the same time, however, certain members of the Chicago community disagreed with the *Windsor* decision. Indeed, the report cited Cardinal Francis George, who issued a statement that not only opposed same-sex marriage but went a step further in discussing the alleged “negative result of gender-free unions . . . here in Illinois.” On June 26, 2015, the U.S. Supreme Court’s ruling in [*Obergefell v. Hodges*](https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf) (2015) legalized same-sex marriage in all 50 states. By that point, Illinois had already been granting marriage licenses to same-sex couples for about a year. According to a press release from the Cook County Court, a large number of marriage licenses issued were to same-sex couples who wanted to convert their civil unions to legally recognized marriages.

Given that so many same-sex couples have converted civil unions to marriages and have applied for new marriage licenses in general since 2014, it is important to recognize how far we have come in a short amount of time. At the same time, there is still a long way to go when we consider the prejudices that continue to exist for same-sex couples in Illinois and across the country.

**Contact a Chicago area Family Law Lawyer**

If you have questions about filing for a marriage license after entering into a civil union, or if you have questions about civil unions in general, an experienced Chicago civil union attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Civil Union

---

### [Recent Research on Causes of Divorce](https://familylawadvocate.com/recent-research-on-causes-of-divorce/)

**Published:** November 10, 2016
**Author:** familylawadvocate

**Content:**

**Recent Research on Causes of Divorce**

By M. Scott Gordon

Why do most people in Chicago and Illinois [file for divorce](https://familylawadvocate.com/divorce/)? According to a [recent article](http://www.bloomberg.com/news/articles/2016-09-20/beyond-brad-and-angelina-why-couples-get-divorced) from *Bloomberg*, the underlying reasons for divorce have not remained the same over the last several decades. To be sure, recent research conducted at the University of Maryland “suggests the reasons for divorce are changing, as the roles of men and women change at work and home.” As the article explains, divorce rates jumped in the 1970s and 1980s, and over the last decade, the rate of divorce has declined generally. Yet we know that a large percentage of all marriages still end in [divorce](https://familylawadvocate.com/divorce/), meaning that more than 800,000 married couples across the country will file for divorce each year on average.

What makes the recent research significant? While it highlights data points about the overall rate of divorce that many of us have known or suspected, it intimates that the reasons for divorce are shifting, and the parties initiating divorce proceedings are changing, too.

**More Women Are Filing for Divorce in the 2010s**

The annual divorce rate in our country is down from the decades of the 1970s and 1980s, but researchers make clear that this decline largely is a result of “fewer people . . . getting married.” And when those people decide to get married, they tend to do so when they are at an older age than spouses in previous generations who entered into marriages. So, all factors being equal, the recent decline in the divorce rate might not suggest that couples simply are working things out at a higher rate than couples in previous decades.

What we do know, however, is that socio-cultural trends are influencing marriage and divorce rates in a significant way. According to Paula England, a sociology professor at New York University, approximately two-thirds of all current divorces actually are “initiated by women.” As England explains, “we sometimes have the idea that it’s always men leaving women, but that’s only a third of cases.” And the reasons for women filing for divorce differ, too. The party who files for divorce is not necessarily the person responsible for the marital problems (although that is sometimes the case). England notes that, in generic situations where the wife files for divorce, “she may be leaving because he had an affair,” or “he was unemployed and got violent.”

**Why Do So Many People Actually Get Divorced?**

Given that same-sex marriage has only been legalized across the country as of 2015 through the Supreme Court decision in *Obergefell v. Hodges*, most academic studies have yet to incorporate divorce data for same-sex marriages, according to the *Bloomberg* article.

What recent research has revealed is that in some cases, men and women get divorced for similar reasons, yet in other cases, men and women get divorced for widely varying reasons. The following are some categories of “divorce causes” that show similarities and differences among men and women:

- Infidelity: 15.6 percent of men cited infidelity as a factor in divorce, while 25.2 percent of women cited it as one of the causes for dissolving a marriage;
- Physical or mental abuse: zero percent of men cited this factor, while 9.2 percent of women cited it;
- Drinking and/or drug abuse: nearly 14 percent of women cited this as a cause for divorce, while only 5.2 percent of men believed drinking or drug use to be a cause for divorce;
- “Don’t Know”: more than 9 percent of men indicated that they did not know the cause for divorce, while zero percent of women indicated the same;
- Incompatibility: just over 19 percent of both men and women cite incompatibility as a cause for divorce; and
- Growing apart: just over 9 percent of both men and women cite growing apart as a cause for divorce.

If you have questions about filing for divorce, an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Divorce

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### [Protecting Your Gifts and Inheritances from Property Division](https://familylawadvocate.com/protecting-your-gifts-and-inheritances-from-property-division/)

**Published:** November 15, 2016
**Author:** familylawadvocate

**Content:**

**Protecting Your Gifts and Inheritances from Property Division**

By: M. Scott Gordon

When you are thinking about [filing for divorce in Chicago](https://familylawadvocate.com/divorce/), you may be worrying about whether the court will divide certain gifts and inheritances you received—that were intended just for you—during your marriage. Under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000), property is divided during [divorce](https://familylawadvocate.com/divorce/) according to a theory of equitable distribution. Property division according to a theory of equitable distribution will entail dividing marital property in a manner that the court deems is equitable, or fair, to both parties. In some instances, what is equitable may also be equal, but equitable distribution does not necessarily mean equal distribution. In order to divide marital property in a manner that is fair, the court first will need to determine what is classified as marital property and what is not—only marital property (and not separate / non-marital property) is divisible.

Now, here is where your separate inheritance or gift comes into play. How can you protect your property from division during divorce?

**Understanding How Gifts and Inheritances Usually Are Classified**

To better understand what we mean when we talk about gifts or inheritances, we should take a look at a couple of hypothetical examples.

In terms of gifts, let us assume that Spouse A’s parents have decided to sell their home and retire to a smaller condominium. They have sold many of their assets and want to give the profits to their children. They decide to give Spouse A an individual gift of $25,000. The parents only intend the gift to be for Spouse A, and they do not intend it as a gift to the marriage. They give this gift to Spouse A only a few years into her marriage.

Now, when it comes to inheritances, let us assume that more than a decade has gone by, and Spouse A’s parents have lived many happy years in their condominium. They have now both passed away, and they left a portion of their estate to Spouse A. Spouse A inherits $250,000 from her parents’ estate. In the will, the inheritance is clearly intended specifically for Spouse A and not intended as an inheritance for Spouse A’s marriage.

Typically, Illinois law classified such gifts or inheritances from someone outside the marriage as separate (non-marital) property, even when the recipient is married. (This is not the case in community property states, where state law assumes that spouses share property equally.) However, the gift and/or the inheritance quickly can become a more complicated asset if and when it is “commingled” (or mixed) with marital funds.

**Commingling Separate Property and the Complications of Property Division**

The problem for spouses who want to ensure that gifts and inheritances remain separate property typically is one of “commingling”. When these individual assets are commingled / mixed with marital assets, then the court will look at them differently. How do assets get commingled? For instance, if Spouse A deposited the $25,000 gift from her parents into a joint checking or savings account, the property may have become property of the marriage. The same thing goes for the inheritance. In addition, those assets also may be classified as marital property if they were used to improve marital assets. For example, if Spouse A used either the gift or the inheritance to pay for upgrades to the marital home, it can be difficult to determine what portion may still be separate property and what portion is marital property.

To avoid having gifts or inheritance classified as marital property, it is important for a spouse to keep them separate throughout the marriage. In other words, Spouse A should only deposit the gift or inheritance into a separate account, and that money should never be used for anything related to the marriage.

If you have questions about property division in Illinois, a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case.

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**Categories:** Divorce

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### [Civil Unions and International Travel](https://familylawadvocate.com/civil-unions-and-international-travel/)

**Published:** November 17, 2016
**Author:** familylawadvocate

**Content:**

**Civil Unions and International Travel**

By: M. Scott Gordon

Since 2011, same-sex couples in Chicago have been able to enter into [civil unions](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) under the [Illinois Religious Freedom Protection and Civil Union Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3294&ChapterID=59) (750 ILCS 75/). While the law makes clear that parties who enter into a civil union are “entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses,” couples in civil unions nonetheless might encounter certain difficulties when traveling abroad. Since the U.S. Supreme Court decisions in *United States v. Windsor* (2013) and *Obergefell v. Hodges* (2015), [same-sex marriages](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) not only must be recognized throughout our country regardless of the state in which they were performed, but they also must be accessible to citizens of each state.

The civil rights that were clarified in these Supreme Court cases, however, do not apply outside the United States. As such, it is important to have a clear understanding about the laws within the country where you are planning to travel, and to be certain that your civil union will be recognized abroad in the event of an emergency.

**History of the Recognition of Civil Unions Outside Illinois**

When civil unions first became legal for same-sex couples in Illinois, the state did not recognize the right to same-sex marriage. As such, many same-sex couples in the Chicago area sought civil unions in order to enter into a legal relationship with a partner. Since June 1, 2014, same-sex couples throughout the state have been able to enter into marriages just like heterosexual couples. For one year after same-sex marriages became legal, couples in civil unions could apply to convert their civil unions to marriages. After one year, however, any couple in a civil union (including currently) would have to apply for a marriage license and go through the process as if there was no prior legal relationship.

Prior to the decision in *United States v. Windsor*, even if a same-sex couple currently living in Chicago or anywhere in Illinois (at that time) had gotten married in another state, federal law permitted Illinois and other states to refuse to recognize the marriage through the federal Defense of Marriage Act (DOMA). In other words, even if, for instance, the state of Massachusetts would have recognized your marriage as legal, other states were not required to do so. As you might imagine, the rights afforded to those in a same-sex civil union were not necessarily rights that same-sex couples could enjoy in states refusing to recognize gay marriage.

**Countries That May Not Recognize Your Civil Union**

Following the Supreme Court decisions in *Windsor* and *Obergefell*, many same-sex couples in Chicago and Illinois who had previously entered into civil unions did not see the necessity in converting their civil unions into marriages. However, if you opt for a civil union instead of marriage, you may put yourself in a complicated position when traveling overseas.

If you are taking a trip abroad or considering a move to another country, it is important to consider whether your civil union will be recognized. According to a [fact sheet](http://europa.eu/youreurope/citizens/family/couple/registered-partners/index_en.htm) from *Europa.eu*, a number of European countries do recognize civil unions, or what often are described as “registered partnerships.” However, even in Europe, there are a number of countries that do not recognize registered partnerships or the rights that accompany civil unions, including Bulgaria, Latvia, Lithuania, Poland, Romania, and Slovakia.

There are many other countries outside of Europe, as well, that do not recognize the legal status of your relationship. You should speak with an experienced [civil union lawyer in Chicago](https://familylawadvocate.com/contact-us/) if you have questions. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Civil Unions

---

### [Child Support Collections and Incarcerated Parents](https://familylawadvocate.com/child-support-collections-and-incarcerated-parents/)

**Published:** November 23, 2016
**Author:** familylawadvocate

**Content:**

**Child Support Collections and Incarcerated Parents**

By: M. Scott Gordon

When a parent is required to [pay child support](https://familylawadvocate.com/divorce/child-support-collections-chicago/) in Chicago or anywhere in Illinois but fails to make timely payments, can [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/) methods get that parent to pay? Or in some instances, do the collection methods for failure to pay child support—including imprisonment—actually hinder child support collections? According to an [article](http://www.nytimes.com/2015/04/20/us/skip-child-support-go-to-jail-lose-job-repeat.html?_r=0) in *The New York Times*, child support collections mechanisms that focus on punishing the non-paying parent rather than obtaining funding for the child can create a harmful cycle in which the child ultimately loses. As the article explains, an incarcerated parent often cannot afford to make child support payments, and when that parent is released, child support enforcement can often result in that parent ending back up in jail.

Is this a policy issue that should be addressed in Illinois?

**Parents Incarcerated for Failure to Pay Child Support**

When we think about child support collections and incarcerated parents, there are two distinct situations that sometimes can be interrelated. First, there is a situation in which a parent does not make child support payments and is incarcerated due to his failure to pay. While in jail, he cannot earn an income sufficient to make child support payments, and the total owed continues to grow. Once released, that parent might again struggle to make child support payments, and that parent may end up in jail once again. The article in *The New York Times* emphasizes that this can be a harmful cycle—to the child in particular. If a parent is incarcerated for failing to make child support payments, that punishment for the parent does not necessarily do any good for the child.

As the article explains, this situation can arise in a number of ways, but sometimes this type of situation occurs because the child support order exceeds the parent’s ability to pay. While it is difficult to gather nationwide statistics on child support collections and unpaid child support, a study conducted by the Urban Institute in 2007 suggested that about 70 percent of unpaid child support is owed by parents with an annual income that places them below the poverty level. The article clarifies how, in certain instances, “parents who are truly destitute go to jail over and over again for child support debt simply because they’re poor.”

**Already Incarcerated Parents Who Cannot Make Payments**

The other situation involves parents who are incarcerated for reasons other than failure to pay child support, but because they are incarcerated, they do not have enough income to make timely child support payments. A [fact sheet](http://www.acf.hhs.gov/sites/default/files/ocse/realistic_child_support_orders_for_incarcerated_parents.pdf) from the Administration for Children & Families and the U.S. Department of Health and Human Services (HHS) indicates that approximately one out of every 28 kids has a parent who is in jail, and for African American children, that number is much higher—more than 10 percent. The fact sheet makes clear that “incarcerated noncustodial parents often enter prison with child support obligations and arrears without any realistic ability to pay them.” Not only does unpaid child support become a debt issue for the incarcerated parent, but it also becomes a detriment to the child.

In 2013, proposed legislation ([House Bill 2330](http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=2330&GAID=12&SessionID=85&LegID=74110)) aimed to suspend an obligation to pay child support upon incarceration, but the bill did not pass. The HHS fact sheet suggests that such modifications to child support orders actually may be able to help kids more in the long run. When incarcerated parents are released, they will not have an overwhelming child support debt that could land them back in jail. Instead, they may be able to begin making timely payments to support their child’s upbringing.

**Contact a Chicago Child Support Collections Lawyer**

If you have questions about child support or getting help with child support collections, an experienced [Chicago family lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Support Collections in Illinois

---

### [New Study Addresses Employment, Gender, and Divorce](https://familylawadvocate.com/new-study-addresses-employment-gender-and-divorce/)

**Published:** December 5, 2016
**Author:** familylawadvocate

**Content:**

**New Study Addresses Employment, Gender, and Divorce**

By: M. Scott Gordon

What is the relationship among salary, gender, and [divorce in the Chicago area](https://familylawadvocate.com/divorce/)? A [recent article](http://www.asanet.org/sites/default/files/attach/journals/aug16asrfeature.pdf) in the *American Sociological Review* addresses exactly this question while also paying attention to a number of other related issues. For instance, is there a clear connection between marital stability and economic gains in the marriage? And if there is a link between stable marriages and salaries, does the role of gender also come into play? Let us say that we do recognize a nexus among stable marriages, salary, and gender (and, conversely, among salary, gender, and unstable marriages that end in divorce). Then, finally, have the dynamics remained steady over time, or have recent trends in workplace practices and gender also shifted the way we look at [divorce](https://familylawadvocate.com/divorce/)?

These are all significant questions, and in responding to them, the article ultimately suggests that homes in which men in heterosexual marriages earn less and/or do not have full-time jobs tend to be “associated with a higher risk of divorce.”

**Theoretical Ideas Behind Divorce**

As the article clarifies, we need to accept that “divorce occurs when at least one partner believes she will be better off divorced than remaining married,” and as such “the risk of divorce depends on the gains from marriage.” There are several different theories that have been posited to explain reasons for divorce in the United States, including the following:

- Economic independence perspective: this theory suggests that divorces happen at higher rates when spouses do not have to depend financially upon the marriage. In other words, if two spouses are not relying on the income of the other partner, or if they are not relying on a joint income, then it is easier to leave an otherwise unhappy marriage. Traditionally, the article suggests, “wives are likely to be more economically dependent on their husbands when they have accumulated less work experience.” Generally speaking, researchers tend to be pretty split about this theory (and whether it is accurate).
- Reducing financial strain perspective: this theory suggests that, when both spouses are working full-time and contribute to the economic well-being of the marriage, there is reduced financial strain, and thus a higher likelihood of staying married. Marriages in which both spouses contribute economically, too, can weather a temporary downturn in which one spouse is earning less or has to take part-time work for a short period.
- Gendered institution perspective: this idea, according to the article, “predicts that divorce is more likely when spouses’ employment and earnings violate gendered norms of behavior.” What are gendered behavior norms? In short, this perspective refers to the gendered notion that men earn more money than women, and thus in a heterosexual marriage, the male is the economic earner while the female earns less. This model then intimates that marriages are more likely to fail when they *violate* this alleged norm, which would mean that the wife earns more than the husband.

**Conclusions from the Study**

Is one of the perspectives presented above more accurate than another when we look at data? According to the article, the data suggests that the “gendered institution perspective” is the most accurate. And while its accuracy has become less so over time (and as traditional gender roles have shifted), it nonetheless still carries weight. What does this mean in practice? In short, heterosexual marriages are more likely to fail when the husband earns less than the wife, particularly when the husband has a job that is less than full time.

Do you have questions about filing for divorce in Chicago? An experienced Chicago divorce lawyer can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case.

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**Categories:** Divorce

---

### [Child Support Collections and Disability](https://familylawadvocate.com/child-support-collections-and-disability/)

**Published:** December 13, 2016
**Author:** familylawadvocate

**Content:**

**Child Support Collections and Disability**

By: M. Scott Gordon

If your child has a disability, can this impact [child support collections in Chicago](https://familylawadvocate.com/divorce/child-support-collections-chicago/)? And how do collections work after the disabled child becomes a legal adult? On a related note, can a payee spouse’s disability impact [child support obligations](https://familylawadvocate.com/divorce/child-support-collections-chicago/) and collections mechanisms for Illinois families? These are important questions to ask, and it is always a good idea to discuss child support obligations and collections—when a payee parent fails to make payments—with an experienced Chicago child support collections lawyer.

To give you a sense of how Illinois handles issues of disability and child support collections, however, we would like to explore the questions presented above in greater detail.

**Support for Children with Disabilities**

If your child has a disability, we know that you have many questions about how child support obligations work. For instance, does the other parent have the same support obligations as parents in situations where the child does not have a disability? In the event that the supporting parent does not abide by child support obligations laid out by the court, does the child support collections process look the same as in cases without a disability issue? In short, under Illinois law ([750 ILCS 5/505(a)](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505)), the law does not treat child support for a minor child with disabilities any differently than it does child support for a minor child without disabilities when it comes to collections. Indeed, supporting parents have the same obligations, and if the parent fails to pay child support, the custodial parent can begin child support collections proceedings.

Yet, Illinois law does have some important particularities that can impact child support collections in cases involving adult children with disabilities. Specifically, under [750 ILCS 5/513.5](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59), a supporting parent can be required to continue making child support payments once the child has reached the age of majority when that child is mentally or physically disabled (which the law defines as “a mental or physical impairment that substantially limits a major life activity”), and when the child is not emancipated. When a supporting parent fails to continue making support payments, the custodial parent should speak with a lawyer about child support collections possibilities.

**Collections Proceedings When the Supporting Parent is Disabled**

What happens in child support situations where the supporting parent becomes disabled and cannot make regular child support payments? Can the supporting parent become targeted in child support collections actions? Generally speaking, parents who received Social Security disability benefits can be eligible for a [Social Security dependent disability allowance](https://www.ssa.gov/planners/disability/dfamily4.html). This benefit can be used to provide child support for the following:

- Children under the age of 18; or
- Children between the ages of 18 and 19 who are full-time students; or
- Children aged 18 and older who have a disability that was documented before the child turned 22.

However, there are limits to these benefits, and they may not equal the amount provided for by the child support order. In such cases, the supporting spouse is not required to make up the additional amount that is not covered by the Social Security benefit. In other words, child support collections cannot occur when a parent is disabled and, as a result, cannot provide the statutory child support amount.

However, when a parent owes back child support prior to becoming disabled, the disability does not prevent a custodial parent from initiating a child support collections action to obtain back-owed child support. The Illinois case of [*Pinkston v. Pinkston*](https://scholar.google.com/scholar_case?case=2576770811407654460&q=325+ill.app.3d+212&hl=en&as_sdt=400006) (2001) made clear that child support obligations that accrued prior to a disability still are owed after the parent becomes disabled.

**Contact a Chicago Child Support Collections Lawyer**

If you have questions about obtaining back child support or concerns about child support collections, an experienced Chicago child support collections attorney can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Support Collections

---

### [Learning More About Cohabitation and Spousal Maintenance](https://familylawadvocate.com/learning-more-about-cohabitation-and-spousal-maintenance/)

**Published:** December 15, 2016
**Author:** familylawadvocate

**Content:**

**Learning More About Cohabitation and Spousal Maintenance**

By: M. Scott Gordon

If you live in the Chicago area and are receiving [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) payments, can your award be terminated based on your actions? For instance, what happens if you begin dating someone new during your separation or after your divorce is finalized, and you decide to move into that person’s home? And does the situation change if that person moves into your apartment or if the two of you seek out a new residence together? It is important to recognize that Illinois law ([750 ILCS 5/510](http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm)) allows for the modification and termination of [spousal maintenance awards](https://familylawadvocate.com/divorce/spousal-maintenance/) under certain conditions, and one of those conditions is “cohabitation.”

What do you need to know about cohabitation and how it might impact your situation?

**Understanding Illinois’s Laws on Spousal Maintenance and Termination**

According to 750 ILCS 5/510(c), spousal maintenance awards can be terminated in a number of different circumstances, including upon the death of one (or both) of the parties, the remarriage of the party receiving spousal maintenance payments, or the cohabitation of the party receiving spousal maintenance payments. Now, the first two situations are relatively straightforward. But when the law refers to “cohabitation,” what, precisely, does it mean? For instance, does moving in with a roommate qualify as cohabitation such that your spousal maintenance award can be in jeopardy?

The statute describes cohabitation in these terms: a situation in which “the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.” In other words, you must be living with another person in a residence together, and the two of you must have what looks like a conjugal relationship, or the relationship between a husband and a wife. As you might imagine, it can be difficult to prove that a conjugal relationship exists between two people, but it is not impossible. Does cohabitation exist if you are dating another person and occasionally spending the night at one another’s residences? Typically, this kind of relationship is not a “resident, continuing conjugal” relationship as the statute describes.

**Spousal Maintenance Duration and Effects on Cohabitation**

Will spousal maintenance awards be terminated upon cohabitation even if you were awarded spousal maintenance for an extended duration following the dissolution of decades of marriage? Under relatively new amendments to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), there are now spousal maintenance guidelines for many couples. These new guidelines also address the duration of spousal maintenance awards. For spouses whose marriage lasted between 15 and 20 years, the duration of the award is calculated at 80 percent of the years of marriage under the new guidelines. For instance, if a couple is married for 18 years, the duration of the award will be 80 percent of 18 years, or 14.4 years.

Illinois law does not make distinctions between short and long marriages when addressing cohabitation. As such, even if you were married for 18 years and receive a spousal maintenance award that will last for 14.4 years, if you decide to cohabit (under the law’s definition), then your award will be terminated.

Is there any way to retain your spousal maintenance award even if you cohabit with another person? The statute does emphasize that a written agreement by the parties can allow for an exception. However, that written agreement must be set forth in the judgment and approved by the court.

**Contact a Chicago Spousal Maintenance Lawyer**

Do you have questions about cohabitation and your spousal maintenance payments? An experienced Chicago spousal maintenance attorney can answer your questions. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case.

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**Categories:** Spousal Maintenance

---

### [Divorce and Ownership of Electronic Information](https://familylawadvocate.com/divorce-and-ownership-of-electronic-information/)

**Published:** December 22, 2016
**Author:** familylawadvocate

**Content:**

**Divorce and Ownership of Electronic Information**

By: M. Scott Gordon

When you [file for divorce in Chicago](https://familylawadvocate.com/divorce/) and are taking the required steps for marital property to be divided, you might be wondering whether your spouse will have access to the private information you have been keeping on your computer over the course of your marriage, and whether it will change the way in which the court ultimately decides to divide your marital assets. According to a [recent article](http://www.nytimes.com/2016/11/01/us/politics/divorce-electronic-data.html) in *The New York Times*, many married couples have forgotten that they shared passwords with their spouses and that other apps, such as calendars, are shared among the family. Such internet “sharing” can make it easier for the other party to gain sensitive information and to determine how you are spending your time during the period of separation.

What steps can you take to help ensure that you are the only owner of—and the only one with access to—sensitive electronic data?

**As Soon As You Decide to File for Divorce, Take Steps to Disentangle Your Digital Life from Your Spouse’s Electronic Life**

As the article explains, the first thing you need to do once you have decided to file for [divorce](https://familylawadvocate.com/divorce/) is to begin taking steps to disentangle your own electronic life from your soon-to-be-ex spouse’s life. What does this mean? In brief, it will require taking a number of different steps, including but not limited to:

- Opening a new email account with an entirely new password;
- Opening a new bank account with new online sign-in information;
- Turning off shared apps, like calendars or contact lists;
- Disconnecting links between cell phones and iPads (or other devices that your children may take with them to the other spouse’s home); and
- Turning for tracking apps that can allow another party to determine your location from your cell phone data.

**Avoid Giving Your Spouse Easy Access to Your Electronic Information**

You should also be changing your passwords and the security questions that can give another party access to the information contained in your bank accounts, your email, and other online portals. Almost everyone does their banking online and pays bills through Internet sites, and those portals each require a username and password. If you have been married for quite some time, chances are good that your spouse knows the usernames you tend to employ, as well as the passwords.

And even if your spouse cannot guess your new password, it is likely that she or he knows that answers you have provided for “password recovery” systems. For example, what is your mother’s maiden name? Or, for instance, what is the name of the city where you were born? By and large, these kinds of questions are aimed at keeping strangers out of your accounts; they are not designed to keep an ex-spouse (who knows you better than almost anyone, most likely) from gaining access to your information.

While some of these methods of obtaining electronic information are legal—such as in cases where you continue to share a bank account, email account, or calendar app with an ex-spouse—others are not permitted. To be sure, it is unlikely that your spouse would be able to use information in court that he obtained by impermissibly guessing your new password, or resetting your password because he knows the answer to your “password reset” questions. However, this does not mean that information obtained through such methods cannot hurt your case.

**Contact a Chicago Divorce Attorney**

If you have questions about managing electronic information during your divorce proceedings, a dedicated divorce lawyer in Chicago can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more.

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**Categories:** Divorce

---

### [Will New Illinois Child Support Laws Impact Collections?](https://familylawadvocate.com/will-new-illinois-child-support-laws-impact-collections/)

**Published:** January 12, 2017
**Author:** familylawadvocate

**Content:**

**Will New Illinois Child Support Laws Impact Collections?**

By: M. Scott Gordon

When states like Illinois make changes to child support laws and the ways in which [child support payments](https://familylawadvocate.com/divorce/child-support-collections-chicago/) are calculated, can those changes have any impact on collections efforts? For instance, do [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/) needs increase or decrease with certain changes to the law? You might have heard that changes to Illinois’s child support law have been approved, and they will take effect on July 1, 2017. The proposed legislation that led to the change in the law, [HB 3982](http://www.ilga.gov/legislation/billstatus.asp?DocNum=3982&GAID=13&GA=99&DocTypeID=HB&LegID=90198&SessionID=88), was signed into law by Governor Bruce Rauner in August, 2016. What will the changes to the law look like? In brief, the legislation will alter the way in which child support payments are calculated. Rather than taking a percentage of the supporting parent’s income, beginning July 1 2017, Illinois will apply an “income shares” model.

**The “Income Shares” Model of Child Support**

The changes to Illinois law through HB 3982 will amend the child support guidelines in the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA). As an [article](https://www.isba.org/sites/default/files/sections/younglawyersdivision/newsletter/Young%20Lawyers%20Division%20August%202016.pdf) from *YLD News*, the newsletter of the Illinois State Bar Association’s Young Lawyers Division, explains, prior to the new law the state of Illinois relied upon a “percentage of income” model for child support. In other words, the court would calculate child support “based on a flat percentage of only the non-residential parent’s income without any consideration of the residential parent’s income.” While using a “percentage of income” model, Illinois was among a minority of states. To be sure, at the time HB 3982 went before the Illinois House and Senate, there were 39 U.S. states that used the “income shares” model. Now that Governor Rauner has signed the bill into law, Illinois will become the 40th state in the country relying on an “income shares” model.

What does the law do specifically? It is important to recognize that the language of HB 3982 makes a number of changes to the IMDMA, some more minor and some more substantial than others. For our purposes, the most notable change to the law concerns the “income shares” model of child support. The law specifies that child support guidelines should, among others, have the following purposes:

- To make child support awards equitable by “ensuring more consistent treatment of persons in similar circumstances”;
- To calculate child support awards based on “the parents’ combined adjusted net income estimated to have been allocated to the child if the parents and children were living in the same household”; and
- To adjust child support payments based upon the needs of the children.

The language of the law also makes clear that the court should apply the guidelines unless it determines that applying the guidelines “would be inappropriate after considering the best interest of the child.”

**Impact on Child Support Collections in the Chicago area**

When the changes to Illinois’s child support laws take effect, it is possible that parents will not be required to make the same amount of payments as they would have under the old “percentage of income” system. Yet for current families, the changes to the law will not automatically result in a change to current child support payments. If the parent responsible for child support payments is having difficulty coming up with the money each month, it is up to that parent to petition the court.

The law will not have any impact on the ability of a parent to engage in child support collections. To be sure, parents will be responsible for making child support payments as stipulated by the court through a child support order. In the event that a parent does not make child support payments in the Chicago area, the other parent may initiate an action for child support collections.

**Discuss Your Case with a Chicago Child Support Collections Lawyer**

If you have questions about child support or collections, an experienced Chicago child support collections lawyer can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Support Collections in Illinois

---

### [One Year Later: How Changes to Illinois Divorce Laws Impact Middle-Class Spouses](https://familylawadvocate.com/one-year-later-how-changes-to-illinois-divorce-laws-impact-middle-class-spouses/)

**Published:** January 16, 2017
**Author:** familylawadvocate

**Content:**

**One Year Later: How Changes to Illinois Divorce Laws Impact Middle-Class Spouses**

By: M. Scott Gordon

About one year ago, the *Illinois Bar Journal* published an [article](https://www.isba.org/ibj/2015/11/newandimprovedillinoismarriageanddi) about sweeping changes to [Illinois family law](https://familylawadvocate.com/divorce/) that would impact both the language and substance of [divorce](https://familylawadvocate.com/divorce/), spousal maintenance, and child custody in the state. These changes to the law impacted the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000)), also known as the IMDMA, and they took effect on January 1, 2016.

Now that the changes to the IMDMA have been in place for almost one year, are we at a point at which we can reflect on how those changes to the law have impacted families in the Chicago area? According to a [recent article](http://www.chicagotribune.com/news/ct-cancer-treatment-centers-divorce-law-met-20161128-story.html) in the *Chicago Tribune*, one of the primary lessons learned from the IMDMA changes is that they may have the biggest impact on middle-class families.

**Recalling the History of Illinois Divorce Law and Reasons for Revising It in 2016**

As the article explains, many of the family law policy changes that have come about quite recently “are driven by attempts to correct past injustices that often left ex-wives with little money and no viable way to support themselves after years to raising children.” To be sure, the changes that took effect in 2016 were the first major modifications in Illinois in forty years. The last time Chicago area residents saw major changes to divorce law was back in 1977 “in the wake of the women’s liberation movement,” the article suggests. At that point in time, the law was changed to deal with spousal support and “in particular to provide for divorcing wives with little or no education or who dropped out of careers to help their spouses advance.” Prior to those changes in the law, when couples divorced, the wife often lost out on assets and did not receive alimony payments.

Just as changes to the law in 1977 sought to reflect—or even better, to address—concurrent sociocultural shifts, the recent revisions to the IMDMA sought to do the same. As the article points out, some of the changes simply are linguistic. For instance, the IMDMA no longer refers to a “husband” and a “wife,” given the legality of same-sex marriage. Instead, the law refers to “gender-neutral spouses.”

The changes also eradicated grounds for divorce that appeared antiquated, and lessened the divorce waiting period from two years of separation down to just six months. At the same time, the law sought to address shifts in parenting, eradicating the terms of “custody” and “visitation,” replacing them with “parental responsibilities” and “parenting time,” respectively. And finally, changes to the law provided a formula for spousal maintenance, but only for couples who have a combined income of less than $250,000.

**Middle-Class Spouses Tend to See Biggest Effect of IMDMA Revisions**

For many middle class families, the article reports, the changes to the law largely have had a positive impact. Since spousal maintenance is now “more predictable” with its formula, “courts are more willing to grant maintenance.” In addition, courts are determining spousal maintenance awards before child support awards, which then allows the court to adjust properly instead of simply considering them together. Moreover, the trend toward awarding spousal maintenance is allowing more middle-class women to get back into the workforce while engaging in “collaborative parenting.” Under older models, mothers often were given the role of custodial parents while fathers paid child support. The law now better reflects a sense of equality among parents.

However, the wealthy and the poor have not been impacted in the same ways by the IMDMA revisions. Married couples with combined incomes of $250,000 or more likely will not see spousal maintenance awards based on any kind of guidelines. More importantly perhaps, though, are poorer families who already are struggling financially. As the article explains, “it’s far more common for poor couples to wrestle with the increased expense of maintaining two households instead of one,” and often “there’s just not enough money to go around.” It is not yet clear whether the law’s new focus on collaborative parenting can impact these families in quite the same way.

**Contact a Divorce Lawyer in Chicago**

Do you have questions about filing for divorce? An experienced divorce lawyer in Chicago can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help with your case.

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**Categories:** Divorce

---

### [Commingling Assets and Your Chicago Divorce](https://familylawadvocate.com/commingling-assets-and-your-chicago-divorce/)

**Published:** January 24, 2017
**Author:** familylawadvocate

**Content:**

**Commingling Assets and Your Chicago Divorce**

By: M. Scott Gordon

While most people who get married in the Chicago area are not immediately thinking about the possibilities of [divorce](https://familylawadvocate.com/divorce/property-division/), it is important to consider the implications of commingling assets during the marriage and the impact on property division. To be sure, if you are your spouse commingle separate property while you are married, it will be much difficult to distinguish that property in the event of divorce, and property that was once separate may fall into the category of divisible marital property. Under Part V of the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS/5](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000)), or the IMDMA, when a couple files for divorce, the court will divide marital property—both debts and assets—under a theory of “equitable” distribution. This means that the judge will decide what is equitable, or fair to both parties. In some instances, equitable distribution may result in an equal distribution of property, but this is not always the case.

Since only marital property is divisible in Illinois, the issue of property division can become quite contentious when previously separate property—such as property acquired before the marriage, or an individual gift to a spouse during the marriage—has been commingled. Whereas such property may not be divisible as “separate property,” once it is commingled, the question of whether it is marital property (and thus divisible) likely arises.

**Understanding Distinctions Between Separate Property and Marital Property**

To better understand what we mean when we talk about property division and commingled assets, it is important to understand the distinction between marital property and non-marital property (or separate property). As [750 ILCS 5/503](http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm) explains, marital property is defined as “all property, including debts and other obligations, acquired by either spouse subsequent to the marriage,” with certain exceptions.

Those exceptions include, for instance, property acquired by one spouse as a gift or through an inheritance, property acquired by one spouse after there has already been a legal judgment of separation, and property that is designated as separate through a valid agreement between the spouses (such as a premarital or postnuptial agreement). But where does commingled property come in?

**What is Commingled Property, and How Can it Impact Property Distribution in My Case?**

When we say commingled property, we are referring to non-marital, or separate, property that has been mixed with marital property. Under [750 ILCS 5/503(c)](http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), to determine whether or not separate property that has been mixed with marital property is indeed commingled, the court will have to decide whether the separate property either “retains its identity” or “loses its identity.” These terms can seem vague, but in brief, the court will determine whether it is still possible to sort out—or identify—the separate property from the marital property.

If the separate property retains its identity, then it can be treated as separate property and not subject to distribution. However, if it loses its identity as a result of the commingling, then it can be treated as marital property.

What are some examples in which the issue of commingled property arises? For instance, Spouse A might have a bank account prior to marrying Spouse B, who also has a separate bank account. After the marriage, Spouse A and Spouse B decide to combine their bank accounts—previously non-marital property—into a single joint bank account. Over the years, both spouses withdraw funds and add funds, and the account accrues interest. When the spouses decide to divorce, it is very likely that the original bank accounts (and the funds transferred to the joint account) have “lost their identity” and, as a result of commingling, have become marital property.

**Contact a Chicago Divorce Lawyer**

Do you have questions about property distribution in your divorce? An experienced divorce lawyer in Chicago can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your case.

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**Categories:** Divorce

---

### [What Factors Does a Court Consider in Allocating Parenting Time?](https://familylawadvocate.com/what-factors-does-a-court-consider-in-allocating-parenting-time/)

**Published:** February 2, 2017
**Author:** familylawadvocate

**Content:**

**What Factors Does a Court Consider in Allocating Parenting Time?**

By: M. Scott Gordon

If you are familiar with recent changes to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA) that took effect on January 1, 2016, you know that the state is no longer using the terms “child custody” and “visitation.” Instead, those terms have been replaced, respectively, with “parental responsibilities” and “[parenting time](https://familylawadvocate.com/divorce/visitation/).” While parental responsibilities involve making significant decisions about the child’s upbringing—such as the child’s education, healthcare, religion, and extracurricular activities—[parenting time](https://familylawadvocate.com/divorce/visitation/) instead means “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.”

What do you need to know about caretaking functions and the way the court allocates parenting time?

**What Does the Statue Mean When it Refers to “Caretaking Functions”?**

Under the statute, “caretaking functions” are defined as “tasks that involve interaction with a child or that direct, arrange, and supervise interaction with and care of a child provided by others, or for obtaining the resources allowing for the provision of these functions.” The IMDMA goes on to list examples of caretaking functions, which include but are not limited to:

- Providing a child’s nutritional needs;
- Managing a child’s wake-up times and bedtimes;
- Caring for a child when she or he is sick or injured;
- Attending to a child’s physical hygiene needs;
- Providing for the child’s physical safety;
- Providing the child’s transportation needs;
- Helping the child with his or her development needs, including motor skills and language skills;
- Providing discipline to the child;
- Assigning and supervising chores;
- Ensuring that the child attends school and completes his or her homework;
- Ensuring that the child attends any necessary medical appointments; and
- Providing moral and/or ethical guidance for the child.

Since the caretaking functions listed above are among the primary tasks involved in parenting time, what factors does a court consider when it allocates parenting time to a child’s parents?

**Statutory Factors in Allocating Parenting Time**

The IMDMA emphasizes that the court seeks to allocate parenting time in a manner that is in the child’s best interests. In order to develop a parenting plan which includes a schedule, the parents must work together and agree to time that the child will spend with both parents. When the parents cannot agree to a parenting plan, the court will then allocate each parent’s responsibilities and time / schedule. In so doing, it will consider a number of different factors, including but not limited to:

- Wishes of the parents;
- Wishes of the child (taking into account the child’s maturity and ability to have an individual preference);
- Needs of the child;
- Amount of time each parent spent on caretaking functions prior to the allocation of parenting time;
- Prior agreement or conduction concerning caretaking functions of the child;
- Child’s interactions with parent(s) and sibling(s), which could affect the child’s best interest;
- Child’s adjustment to his or her home, school, and community;
- Distance between the residences of the parents;
- Costs associated with transporting the child between the parents’ residences (and any financial or other hardship associated with it);
- Child’s daily schedule(s);
- Parents’ ability to cooperate with one another;
- Willingness of the parents to encourage a close relationship between the child and the other parent; and
- Factors that could make the restriction of parenting time appropriate, such as physical violence against the child or in the home, or a parent’s conviction as a sex offender.

**A Divorce Lawyer in Chicago Can Help**

If you have questions about developing a parenting plan, or if you have concerns about how the court will allocate parenting time in your case, an experienced Chicago divorce attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Parenting Time

---

### [Are Prenuptial Agreements Limiting Spousal Maintenance Enforceable?](https://familylawadvocate.com/are-prenuptial-agreements-limiting-spousal-maintenance-enforceable/)

**Published:** February 13, 2017
**Author:** familylawadvocate

**Content:**

**Are Prenuptial Agreements Limiting Spousal Maintenance Enforceable?**

By: M. Scott Gordon

Generally speaking, premarital agreements (also known as prenuptial agreements, or prenups) tend to be a good idea if they are entered into willingly by both parties and when they outline conditions that are fair to both of the parties involved. But what happens when two parties enter into a premarital agreement that eliminates [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/), and by the time the couple files for divorce, the agreement no longer seems fair? And can couples even enter into a premarital agreement that eliminates [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) in the first place? These are important questions, and in order to understand the relationship between premarital agreements and spousal maintenance, you will need to have an understanding of what can go into a premarital agreement, and when it can and cannot be enforced.

**Can a Premarital Agreement Include Spousal Maintenance?**

The first thing you might be asking yourself: is it legal for two parties to contract about spousal maintenance when they are creating a prenuptial agreement? And if so, can they agree to eliminate spousal maintenance altogether? Under the [Illinois Uniform Premarital Agreement Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59) (750 ILCS 10/), parties can indeed include information in their prenuptial agreement concerning spousal maintenance. Specifically, the statute states that “parties to a premarital agreement may contract with respect to . . . the modification or elimination of spousal support.”

What does this mean in practice? Parties can place a clause in their premarital agreement that specifies how spousal maintenance might be paid, or what type of amount both parties agree upon, in the event of divorce. At the same time, the parties can agree that, in the event of divorce, there will be no spousal maintenance awarded. While spousal maintenance can be eliminated in a prenuptial agreement, the parties can not  limit a court’s power in awarding child support.

**What Happens if Circumstances Change?**

If there is an existing premarital agreement that eliminates spousal support, what happens if it is markedly unfair to the spouse in need of support at the time of the divorce? We can provide a hypothetical example. For instance, imagine that two parties decide to get married when they are in their early 20s. When they are planning for their marriage, they agree that spousal maintenance should be eliminated from their premarital agreement since both parties plan to have lucrative careers during the marriage. As it turns out, the couple later decides to have children, and they decide that it makes sense for one of the spouses to stay home with the kids. Spouse A becomes the primary earner for the family while Spouse B spends most time at home raising the children. The children grow up, and Spouse B never returns to her career. After decades of marriage, the spouses decide to divorce, and Spouse B needs spousal maintenance in order to get back on her feet.

The statute actually has a specific provision to address scenarios in which spousal maintenance was eliminated from the premarital agreement legally, but that elimination does not make sense at the time of the divorce. Under the enforcement section of the statute (750 ILCS 10/7), the law makes clear that “if a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement undue hardship in light of circumstances not reasonably foreseeable at the time of the execution of the agreement, a court, notwithstanding the terms of the agreement, may require the other part to provide support to the extent necessary to avoid such a hardship.”

**Discuss Your Case with a Divorce Lawyer in Chicago**

If you have questions about spousal maintenance and your premarital agreement, an experienced Chicago divorce lawyer can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your case.

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**Categories:** Spousal Maintenance

---

### [Child Support Collections and Employer Compliance](https://familylawadvocate.com/child-support-collections-and-employer-compliance/)

**Published:** February 21, 2017
**Author:** familylawadvocate

**Content:**

**Child Support Collections and Employer Compliance**

By: M. Scott Gordon

How does income withholding help with [child support collections in Chicago](https://familylawadvocate.com/divorce/child-support-collections-chicago/)? And what are an employer’s obligations when it comes to complying with a child support order? The [collection of child support in Illinois](https://familylawadvocate.com/divorce/child-support-collections-chicago/) is extremely important to ensure that children have the means to a healthy upbringing. According to the Illinois Attorney General’s [website](http://www.illinoisattorneygeneral.gov/children/support_stat.html), in 2013 there were 496,546 child support cases in the Illinois Child Support Program. In total, more than 517,000 children were affected. The [Illinois Child Support Program](https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx) helps custodial parents with numerous issues connected to child support payments, including locating noncustodial parents, collecting child support payments on a previously established child support order, and collecting past-due payments for child support.

Services like the Illinois Child Support Program, and the Illinois Department of Healthcare and Family Services, help to ensure that noncustodial parents are meeting their child support obligations. In some cases, an agency in the state can issue an “Order/Notice—Income Withholding for Support” to a noncustodial parent’s employer so that child support payments will be withheld from the noncustodial parent’s earnings. What else should you know about how this works? And what is required for employer compliance?

**Understanding an Order/Notice—Income Withholding for Support**

What is the “Order/Notice—Income Withholding for Support”? The Illinois Child Support Services [website](https://newhire.hfs.illinois.gov/NewHireWeb/IncomeWithholding.jsp) provides helpful information about this document, as well as about employer compliance in Chicago and throughout the state.

Under Illinois law ([305 ILCS 5/10-16.2](http://ilga.gov/legislation/ilcs/documents/030500050K10-16.2.htm)), the “Order/Notice” puts the employer on notice regarding the employee’s child support obligation(s) and the requirement of income withholding. The “Order/Notice” must contain the following information:

- Contact and personal information for the employee, including the employee’s name, address, and Social Security number;
- Specific information about the child support obligation(s), including the IV-D case number and child support order number;
- Pay cycles in which the employer can comply with the “Order/Notice”;
- Specific dollar amount that needs to be withheld for child support;
- Specific dollar amount that should be withheld and paid periodically for past-due support (if any);
- Frequency of withholding and total amount of withholding;
- Additional amounts to be withheld, if applicable, in situations where the child is a beneficiary on a health insurance plan; and
- Name and address for the employer to send the child support payments.

In addition to the “Order/Notice,” the issuing agency also must send a number of other documents to the employer, depending upon the circumstances of the specific case.

**What Are the Employer’s Responsibilities for Child Support Withholding and Collections?**

As the Illinois Child Support Services website explains, once the employer receives the “Order/Notice,” the employer is required to do the following:

- Date stamp the documents received;
- Determine the authenticity of the order;
- Issue a copy of the “Order/Notice” to the employee if it was issued in another state;
- Follow the terms of the order; and
- Assess any fees (for instance, Illinois law permits an employer to deduct $5.00 each month for withholding income, and this comes from the employee’s remaining income rather than from the income withheld for child support).

An employer cannot dispute the terms set forth in an “Order/Notice”—only the employee has the right to dispute these terms. As such, the employer must comply with the order. If the employer is unable to comply with the order, then it must take a series of steps outlined under Illinois law.

**Contact a Chicago Child Support Collections Attorney**

Income withholding can be a useful way for a custodial parent to obtain child support payments. If you have questions about child support collections or an employer’s obligations, an experienced Chicago child support collections lawyer can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help.

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**Categories:** Child Support Collections

---

### [Will Civil Unions and Same-Sex Marriage Rights Be Reconsidered?](https://familylawadvocate.com/will-civil-unions-and-same-sex-marriage-rights-be-reconsidered/)

**Published:** March 2, 2017
**Author:** familylawadvocate

**Content:**

**Will Civil Unions and Same-Sex Marriage Rights Be Reconsidered?**

By: M. Scott Gordon

Any federal law that rolls back protections for [same-sex couples in civil unions](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) or same-sex marriages will not be able to impose restrictions on Chicago couples in their private or public lives. To be sure, the [Illinois Religious Freedom Protection and Civil Union Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3294&ChapterID=59) (750 ILCS 75/) and [Illinois Religious Freedom and Marriage Fairness Act](http://www.ilga.gov/legislation/billstatus.asp?DocNum=0010&GAID=12&GA=98&DocTypeID=SB&LegID=68375&SessionID=85) provide, respectively, the equal rights to same-sex couples entering into civil unions or marriages. In other words, those laws make clear that the same benefits that opposite-sex couples enjoy shall also be available to same-sex couples in [civil unions](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/) or same-sex marriages. But what happens if the White House issues an executive order that rolls back LGBTQ rights? Or, alternately, what will happen to the benefits enjoyed by same-sex couples if Congress passes a federal law that looks like the Defense of Marriage Act (DOMA) struck down by the U.S. Supreme Court in *United States v. Windsor* (2013) or overrides the decision in [*Obergefell v. Hodges*](https://www.oyez.org/cases/2014/14-556) (2015)?

**Concerns About Same-Sex Marriage Protections in a Trump Presidency**

These questions mentioned above, as well as similar and related ones, are coming up with some frequency in response to news about federal LGBTQ protections. For instance, a [recent article](http://www.chicagotribune.com/news/nationworld/politics/ct-trump-lgbt-protections-federal-workers-20170130-story.html) in the *Chicago Tribune* reported that the White House was considering “reversing LGBT protections for federal workers.” Is such an issue one that same-sex couples in civil unions and marriages in Chicago need to follow closely?

According to an [article](http://www.slate.com/blogs/outward/2016/11/14/same_sex_marriage_isn_t_in_huge_danger_under_trump_but_other_lgbtq_issues.html) in *Slate*, a number of groups that oppose LGBTQ rights, including same-sex marriage and civil unions, have “spoken out about how they hope to overturn marriage equality.” However, it would be very difficult—at least at this point—to take away federal protections for same-sex couples. To be clear, Congress cannot undercut the U.S. Supreme Court decisions of *Windsor* and *Obergefell*. For those decisions to be overruled, cases would again need to come to the U.S. Supreme Court, and it would need to decide differently. Given that the five judges who voted in favor of LGBTQ rights in those cases remain on the court, such a situation is unlikely. If marriage equality is not immediately at stake, what issues should LGBTQ couples in civil unions and same-sex marriages following closely?

**Shift in Federal Policy Could “Authorize Discrimination,” Some Say**

Advocates for LGBT rights emphasize that “any attempt by the Trump administration to rescind or weaken Obama’s order would essentially be an effort to ‘authorize discrimination’ against gay and transgender people.” Specifically, the rumored rollbacks concern an executive order signed by Obama in 2014, which had two different parts to it. The executive order expanded protections against discrimination in hiring on the basis of gender identity, and it also required any company “doing business with the federal government to have explicit policies barring discrimination against gay and transgender workers.”

Some of those protections are applicable to the issue of civil unions and same-sex marriage, as they help to ensure that employees do not face discrimination as a result of the sex of their spouse. Even if these protections are rolled back, so to speak, couples in same-sex marriages or civil unions may still be able to make an argument for protection given that federal law currently “bans discrimination on the basis of sex.”

**Contact a Chicago Civil Union Lawyer**

It is important to remember that, even when federal law limited the rights of same-sex couples, Illinois state law went above the federal floor to ensure the rights of same-sex couples. If you have questions about your rights or responsibilities in a civil union or same-sex marriage, a Chicago civil union lawyer can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Civil Union

---

### [Disabled Parents and “Parenting Time” in Chicago](https://familylawadvocate.com/disabled-parents-and-parenting-time-in-chicago/)

**Published:** March 8, 2017
**Author:** familylawadvocate

**Content:**

**Disabled Parents and “Parenting Time” in Chicago**

By: M. Scott Gordon

In case you are not familiar with some relatively recent changes to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA), “parenting time” is the legal term that replaced “visitation” in child custody cases. As a matter of fact, Illinois law no longer discusses “child custody,” either. Instead, the term “child custody” has been replaced with “parental responsibilities.” So, what does [parenting time](https://familylawadvocate.com/divorce/visitation/) mean under the law, and can judges limit the parenting time of a disabled mother or father?

**How Do Courts Allocate “Parenting Time” Under Illinois Law?**

As the statute explains, parenting time refers to “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” What are caretaking functions according to the law? This is important to know since a parent’s ability to perform these functions may impact the allocation of parental responsibilities. The statute defines caretaking functions as “tasks that involve interaction with a child or that direct, arrange, and supervise the interaction with and care of the child provided by others.” The IMDMA lists a number of examples of caretaking functions, including but not limited to:

- Providing a child’s nutritional needs;
- Managing a child’s wake-up and bedtime routines;
- Caring for the child when she or he is sick or is injured;
- Attending to the child’s hygiene needs;
- Providing transportation for the child;
- Directing a child’s developmental needs;
- Disciplining the child;
- Providing moral and ethical guidance for the child; and
- Helping the child to develop relationships with family members and peers.

Would a parent’s disability impact his or her ability to provide caretaking functions for a child such that it could impact an allocation of parenting time? The statute makes clear that, in the event both parents cannot come to an agreement on a parenting plan, the court will allocate parenting time according to what is in the child’s best interest. The court can take into account numerous factors in deciding what is in the best interests of the child, including the “mental and physical health of all individuals involved.”

Does this mean that a parent’s disability can be taken into account when allocating parenting time? In brief, if a parent’s disability has a substantial impact on his or her ability to provide caretaking functions, the court can take it into account when allocating parenting time.

**History of Discrimination Against Parents with Disabilities**

As an article from the *American Bar Association* explains, there is a long legal history across the country of discrimination against parents with disabilities when it comes to allocating child custody (or parental responsibilities) and visitation (or parenting time). In the past, courts have suggested that allocating visitation to a parent with a disability may not be in the child’s best interest. Of course, this is not always the case. However, given the history of discrimination against parents with disabilities, it is extremely important for those parents to have an experienced advocate on their side.

If you have a disability and are currently going through a divorce, you should discuss your case with a [Chicago family law attorney](https://familylawadvocate.com/contact-us/) as soon as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with your case.

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**Categories:** Parenting Time

---

### [Locating a Noncustodial Parent for Child Support Collections](https://familylawadvocate.com/locating-a-noncustodial-parent-for-child-support-collections/)

**Published:** March 13, 2017
**Author:** familylawadvocate

**Content:**

**Locating a Noncustodial Parent for Child Support Collections**

By: M. Scott Gordon

When it comes to [child support collections in Chicago](https://familylawadvocate.com/divorce/child-support-collections-chicago/) and the Chicago area, one of the most difficult aspects of the process is not getting the parent to actually make the required payments. Given that there are legal options for withholding the income of a noncustodial parent who refuses to pay child support (as well as other options for obtaining unpaid child support, such as seizing assets, or placing liens on property), the most difficult steps tend to come before legal orders are entered aimed at actually obtaining child support payments. What are the most difficult aspects of [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/)? As a [handbook](https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_handbook_with_toc.pdf) from the Office of Child Support Enforcement explains, it is typically most difficult to locate the noncustodial parent.

In other words, once the court has a location of the non-paying noncustodial parent, the process of child support collections is well on its way. What often makes locating the noncustodial spouse so difficult?

**How You Can Locate the Noncustodial Parent**

One of the most important steps in a successful child support collections case involves locating the noncustodial parent. How can the custodial parent find the child’s parent? Typically, the most helpful information is the noncustodial parent’s Social Security number and information about the noncustodial parent’s employer.

In some cases, the custodial parent does not have the noncustodial parent’s Social Security number, and may have no information about the likely employer of the noncustodial parent. The search does not need to end here, however. As the handbook explains, Illinois state and local government (along with state and local governments across the country) have access to many other types of records, including but not limited to:

- Vital statistics;
- State tax information;
- Real estate and personal property records;
- Occupational or professional licenses;
- Applications for public assistance;
- Department of motor vehicle records;
- Law enforcement records;
- Public utility records;
- Credit bureau information;
- Financial institution data; and
- Other private entities’ records, such as cable television companies (which often have both the name and address of each customer).

If you have questions about child support collections or initiating a search for the noncustodial parent, an experienced Chicago child support collections lawyer can speak with you about your options today. At the law office of Gordon & Perlut, LLC, we understand how vital child support payments are to the healthy and happy upbringing of a child, and we are dedicated to advocating for the needs of parents and children. [Contact us](https://familylawadvocate.com/contact-us/) today to learn more about our services.

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**Categories:** Child Support Collections

---

### [Affordable Care Act May Have Lowered Divorce Rate](https://familylawadvocate.com/affordable-care-act-may-have-lowered-divorce-rate/)

**Published:** April 10, 2017
**Author:** familylawadvocate

**Content:**

**Affordable Care Act May Have Lowered Divorce Rate**

By: M. Scott Gordon

The Affordable Care Act (ACA), also known as Obamacare, has allowed many Chicago residents to obtain health insurance, and there is a possibility that it actually may have reduced the rate of [divorce among older adults](https://familylawadvocate.com/divorce/), according to a [recent article](https://medicalxpress.com/news/2017-02-medicaid-expansion-possibly-medical-divorces.html) in *MedicalXpress.com*. That article cites a recent working paper by researchers at the University of Kansas who suggest that, prior to the ACA taking effect, seniors were making the decision to get a “[medical divorce](https://familylawadvocate.com/divorce/).” After the ACA made changes to the way that benefits and costs for care work, the rate of these “medical divorces” declined. If the ACA is now in peril, will we soon see a new rise in divorce rates among the elderly linked to health care issues?

**What is a “Medical Divorce”?**

You might be asking yourself: what is a medical divorce? It is not a legal term, but rather one that refers to a couple’s decision to get divorced based on healthcare costs. This practice was described in detail in a 2009 [article](http://www.nytimes.com/2009/08/30/opinion/30kristof.html) in *The New York Times*, which explained how this might work. When an older couple learns that one of them will require expensive long-term care, they need to start thinking about how it will impact their savings and their eligibility for Medicaid. Whether one spouse is eligible for Medicaid is a determination that is made after taking a look at all of the assets of both spouses. After leaving some assets for the healthy spouse, the rest of the couple’s assets (including savings, 401(k) accounts, etc.) must be “spent down” in order for Medicaid to cover long-term care.

What happens, often, is that nearly all of the couple’s assets will go toward the care costs for the spouse in need of long-term care. As a result, the healthy spouse can be left with almost nothing. Given that many people require long-term care shortly after retirement age, the costs of Medicaid can leave the healthy spouse without enough money to live on for decades. As such, many older couples decide to divorce so that the healthy spouse can retain some of the savings or retirement account funds. There is a “look-back period,” in which the assets of the healthy spouse can be seized if it is clear that the divorce took place for the sake of medical costs and not for irreconcilable differences. In the long run, however—especially when one spouse is diagnosed with an illness that will result in increasing costs over the coming years—spouses ultimately decide that divorce is the best option.

**Could Health Insurance Options Alter the Rate of “Medical Divorces” in Chicago?**

In 2013, three years after the ACA had taken effect, an [article](http://www.marketwatch.com/story/obamacare-winners-the-recently-divorced-2013-09-25) in *MarketWatch* suggested that the healthcare law could result in a decrease in divorces resulting from medical costs. Now, the researchers at the University of Kansas are contending that such a thing has indeed occurred. The working paper was written by two economists at KU, and it was distributed last month by the National Bureau of Economic Research.

David Slusky, an assistant professor of economics, and Donna Ginther, a professor of economics, are that “states that did expand Medicaid under the 2010 Affordable Care Act experienced a 5.6 percent decrease in the prevalence of divorce among people ages 50-64, compared with those states that did not expand.” The Affordable Care Act not only provided a way for many more Americans to obtain health insurance coverage, but it also shifted Medicaid asset limits, attending to the precise type of problem discussed in the 2009 article in *The New York Times*.

According to Slusky and Ginther, the decrease in the divorce rate in states that expanded Medicaid “suggests that Medicaid without asset limits for low-income individuals significantly reduced the incidence of divorce, strongly suggesting that medical divorce was reduced in the first year of the Affordable Care Act.” As the article explains, the ACA Medicaid expansion provided coverage for “all adults younger than 65 with incomes up to 138 percent of the poverty line regardless of their assets.” As such, the need for “medical divorce” in order to shield the assets of the healthy spouse may not have been necessary after the ACA took effect.

**Contact a Chicago Divorce Lawyer**

If you have questions about healthcare issues and your divorce, an experienced Chicago divorce lawyer can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Economy and Divorce Rates

---

### [College Expenses Calculations: Private Versus Public Schools](https://familylawadvocate.com/college-expenses-calculations-private-versus-public-schools/)

**Published:** April 12, 2017
**Author:** familylawadvocate

**Content:**

**College Expenses Calculations: Private Versus Public Schools**

By: M. Scott Gordon

Most parents in Chicago with children who are approaching college age, or with children who are already in college, know that there is typically a drastic cost difference between private and in-state public universities. Indeed, the cost of attendance for an Illinois resident at the University of Illinois Urbana-Champaign, a public university, is markedly less expensive than attending Northwestern University, a private university. Are parents required to pay [college expenses](https://familylawadvocate.com/articles/college-expenses/) for any school their child chooses? Or does Illinois limit the [amount of college expenses](https://familylawadvocate.com/articles/college-expenses/) to in-state, public-university tuition?

To better understand how Illinois law regards college expenses, it is important to understand the marked distinctions between in-state public university tuition and private university tuition, and then to understand precisely what is involved in “college expenses.”

**Understanding Differences in Costs of Attendance**

According to the [website](https://admissions.illinois.edu/Invest/tuition) for the University of Illinois Urbana-Champaign, the average cost of attendance—including tuition, fees, room and board, books and supplies, and other expenses—averages between $30,876 and $35,880 per year for an Illinois resident. According to the website for Northwestern University, the average cost of attendance—including full-time tuition, fees, room and board, books and supplies, and personal expenses—averages $70,496 per year. To put the difference in those costs another way, the yearly price for attendance at Northwestern University is about double that of attendance at the University of Illinois Urbana-Champaign for an in-state student.

Are parents responsible for these expenses no matter what? In other words, if the child, who is an Illinois resident, chooses to attend Northwestern University instead of the University of Illinois Urbana-Champaign, is the payor parent responsible for the stark difference in cost of attendance?

**Illinois Statutory Law and College Expenses**

To understand the answer to that question, it is important to learn more about what the law includes in “college expenses.” Under [Illinois law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513), college expenses can include the following:

- Tuition and fees;
- Housing expenses (whether on-campus or off-campus);
- Medical expenses, including medical insurance and dental expenses;
- Reasonable living expenses during the academic year; and
- Cost of books and other supplies necessary to attend college.

However, the statute does not require a parent to provide support for these expenses at any college or university regardless of the cost. To be sure, the statute says that, “except for good cause shown,” the expenses are to be those calculated for a “student at the University of Illinois at Urbana-Champaign for the same academic year” when it comes to tuition and fees. Further, the expenses for housing must “not exceed the cost for the same academic year of a double-occupancy student room, with a standard meal plan, in a residence hall operated by the University of Illinois at Urbana-Champaign.”

In other words, “except for good cause shown,” college expenses required of the payor parent are those listed for the University of Illinois Urbana-Champaign as opposed to those listed for a private university. Further, the court takes into account the income of the payor parent in determining reasonable college expenses. As such, a payor parent may only be able to contribute a very small percentage of the annual cost of attendance at the University of Illinois. What the statute makes clear, however, is that in most cases, even when the parent can afford to pay more, college expenses will not exceed those at the University of Illinois.

**Contact a College Expense Family Law Attorney**

If you have questions or concerns about how your divorce will impact college expenses, a dedicated Chicago college expense family law attorney can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your situation with an experienced lawyer.

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**Categories:** College Expenses

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### [Supreme Court Will Consider Military Divorce and Marital Benefits](https://familylawadvocate.com/supreme-court-will-consider-military-divorce-and-marital-benefits/)

**Published:** May 3, 2017
**Author:** familylawadvocate

**Content:**

**Supreme Court Will Consider Military Divorce and Marital Benefits**

By: M. Scott Gordon

Last month, the U.S. Supreme Court heard arguments in a [military divorce](https://familylawadvocate.com/divorce/) matter that, regardless of the outcome, is likely to impact certain married couples who [file for divorce in Chicago](https://familylawadvocate.com/divorce/). In brief, the Supreme Court will be determining how military benefits will be paid to the non-military spouse in the event of divorce. It is important to note that, when one spouse is in the military and the marriage dissolves, the non-military spouse still can be entitled to receive certain benefits (such as military retirement benefits) from the military spouse as part of property distribution. However, the distribution of such benefits can get tricky when the military spouse waives some of those retirement benefits in order to be eligible for different military benefits, thereby reducing the benefit provided to the non-military spouse. That is what is at issue in this case.

The case is complicated, and we would like to break it down for you to help clarify what is at stake in the Supreme Court’s decision.

**Facts of the Case in *Howell v. Howell***

The present case, [*Howell v. Howell*](http://www.scotusblog.com/case-files/cases/howell-v-howell/) (2017), deals with a dispute between a divorced husband, John, and ex-wife, Sandra. John served for 20 years in the U.S. Air Force. The couple got divorced in 1991, and when the court made a determination about the division of marital property, it assigned half of John’s military retirement pay to Sandra. Since John served most of his time in the military during his marriage to Sandra, his retirement pay commenced in 1992, the year after their divorce was finalized. Thus in 1992, Sandra began receiving her half of John’s military retirement pay.

However, in 2005, John decided to waive a portion of his retirement pay in order to receive disability benefits (the latter of which are not taxable). As a result, Sandra’s portion of John’s monthly military retirement pay was reduced by about $125 each month. At the same time, John began receiving that additional amount through the disability benefits he opted for. Sandra filed a lawsuit seeking to have her monthly payments returned to their original amount, plus compensation for the money she lost each month after John began receiving disability benefits.

**How the Law Divides Military Benefits**

In order to consider how the Supreme Court might rule on the case, it is important to understand the laws that allow Sandra to receive part of John’s military retirement pay at all. Under the [Uniformed Services Former Spouses’ Protection Act](https://www.law.cornell.edu/uscode/text/10/1408) (a federal law), states like Illinois are permitted to divide military retirement pay as part of property distribution in a divorce. The law specifically allows the state to consider “disposable retired pay” as marital property, and thus eligible for division in a divorce. The federal law defines “disposable retired pay” as “the total monthly retired pay to which a member \[of the military\] is entitled,” minus amounts that may be deducted for other reasons, including for disability benefits. As such, the law makes clear that “disposable retired pay” is defined as the amount of retirement pay not including whatever portion is deducted for disability benefits.

Therefore, the Supreme Court will need to decide whether the initial calculation of the “disposable retired pay”—which was not reduced for disability benefits—is the amount to which Sandra is entitled, or whether the property division order can, in effect, be amended to account for the reduction in John’s “disposable retired pay” as a result of his disability benefits.

**Discuss Your Case with a Divorce Lawyer in Chicago**

For divorcing or divorced military couples, the outcome of the case could have a big impact on future property division orders in the Chicago area. If you have questions or concerns, a [divorce attorney in Chicago](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your case.

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**Categories:** Divorce

---

### [Divorce Rates and the Attractiveness of Partners](https://familylawadvocate.com/divorce-rates-and-the-attractiveness-of-partners/)

**Published:** May 8, 2017
**Author:** familylawadvocate

**Content:**

**Divorce Rates and the Attractiveness of Partners**

By: M. Scott Gordon

It might sound like an unlikely topic for research into [divorce](https://familylawadvocate.com/divorce/) and social psychology, but a new study suggests that married people who are more physically attractive are more likely to [get divorced](https://familylawadvocate.com/divorce/) than others. Indeed, according to a [recent study](http://onlinelibrary.wiley.com/doi/10.1111/pere.2017.24.issue-1/issuetoc) published in the peer-reviewed social psychology journal *Personal Relationships*, aesthetic beauty may come with certain types of problems in committed marriages. The article on the study is entitled, “Attractiveness and Relationship Longevity: Beauty is Not What it is Cracked Up to Be.” The three authors contend that people “rated as more attractive in high school yearbooks were married for shorter durations and more likely to divorce.”

What else should Chicago area residents know about the links between physical attractiveness and divorce rates?

**Physical Attractiveness is a Known Predictor for Certain Life Outcomes**

The recent study, written by Christine Ma-Kellams, Margaret C. Wang, and Hannah Cardiel, suggests that some of the news should not come as a surprise to anyone familiar with research into physical attractiveness and psychology. To be sure, the authors write that “research in social psychology has long suggested that physical attractiveness is a powerful motivator and potent predictor of positive outcomes across a variety of domains.” For instance, people who are considered to have traits of physical attractiveness may receive promotions more often than other people, or more have more social opportunities. At the same time, physical attractiveness can also have its “liabilities,” such as women exhibiting physical attractiveness who are less trusting of members of the opposite sex in social situations or exhibit lower self-esteem.

However, in the present study, the researchers sought to determine whether there is a link between a person’s physical attractiveness and his or her satisfaction in a personal romantic relationship. What did the study find? In short, physically attractive people often exhibit traits that result in less stable relationships and higher divorce rates.

**More Partners and Cheating Behavior**

According to the authors of the study, physical attractiveness tends to be “linked to popularity, dating, and sexual experience.” As such, the researchers contend that such traits may be likely to “stand as relational liabilities insofar as they promote greater likelihood of interest in extra-relationship partners.” While physical attractiveness initially can be what draws two people together, it ultimately may “threaten the long-term viability of the ensuing relationship.”

More specifically, physically attractive people statistically tend to have more romantic partners. This, in turn, suggests that their relationships last for shorter periods of time. When people with such histories do get married, the known possibility, or option, of having alternate partners can threaten the marriage. In addition, the study indicates that physical attractiveness sometimes can align with cheating behavior in relationships. The authors write that “more physically attractive individuals are more frequently the target of poaching attempts . . . and perhaps not surprisingly, more attractive men have higher divorce rates.”

**Contact a Chicago Divorce Lawyer**

The recent study is a fascinating social psychology assessment of one possible cause for divorce. If you have questions about filing for divorce in Illinois, an experienced Chicago divorce attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about our services.

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**Categories:** Divorce

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### [Parental Responsibilities When Civil Unions End](https://familylawadvocate.com/parental-responsibilities-when-civil-unions-end/)

**Published:** May 23, 2017
**Author:** familylawadvocate

**Content:**

If you entered into a civil union in Chicago years ago and now have children from the civil union, what happens if you want to dissolve your legal relationship? Will the recent changes to Illinois child custody laws impact the way a court allocates parental responsibilities in your civil union dissolution case? Generally speaking, your case will not be handled any differently than if you were in a marriage when it comes to parental responsibilities and parenting time. However, we know that some same-sex couples do have concerns about how the court will allocate parental responsibilities when one or both parents are not the biological parents of the child.

We would like to address the issue of parental responsibilities and the dissolution of civil unions in the Chicago area following the implementation of new child custody laws.

**How Does the Court Allocate Parental Responsibilities if We Dissolve Our Civil Union?**

Imagine that a same-sex couple entered into a civil union. During the course of the civil union, the couple decided to have a child. In some cases, perhaps one of the partners is a biological parent to the child and the other parent legally adopted the child. Or, perhaps both of the partners in the civil union legally adopted the child. Regardless of the distinction, the Illinois Parentage Act makes clear that a parent-child relationship can be established in a number of ways, including but not limited to:

● A woman giving birth to the child;
● Voluntary acknowledgement of paternity; and/or
● Legal adoption.

If you are in a civil union and both you and your partner have an established parent-child relationship through one of those routes, then the court will examine your child custody case—now known by law as a question of parental responsibilities and parenting time—as it would any other case.

While parents do not have to be married or in a legal civil union to be able to address matters of child custody through the court system, the Illinois Religious Freedom Protection and Civil Union Act (750 ILCS 75/) nonetheless makes clear that any two persons who enter into a civil union have the same “obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses.”

In other words, the court is not going to look at your child custody case differently than one involving a couple getting divorced simply because you are in a legal civil union (as opposed to a marriage). And if you are concerned about issues of discrimination based on sexual orientation (when the court decides what is in the best interests of the child as it allocates parental responsibilities), you should know that you are protected by the Illinois Human Rights Act (775 ILCS 5/).

**Allocating Parental Responsibilities in Civil Union Dissolutions**

As we mentioned above, the process for allocating parental responsibilities and parenting time—previously known as child custody and visitation—will proceed under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). If the parents in the civil union can come to an agreement about parental responsibilities and parenting time, then they can create a “parenting plan” that the court can approve. If they cannot come to an agreement, the court will allocate parental responsibilities based on what is in the best interests of the child. As in any other child custody matter, the court will take into account a wide variety of factors in making this determination.

**Speak with a Chicago Civil Union Attorney**

If you have questions about child custody and dissolving your civil union, an experienced Chicago civil union lawyer can assist with your case. Contact Gordon & Perlut, LLC to learn more about our services.

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**Categories:** Civil Unions

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### [College Expenses and Single Moms After Divorce](https://familylawadvocate.com/college-expenses-and-single-moms-after-divorce/)

**Published:** June 5, 2017
**Author:** familylawadvocate

**Content:**

**College Expenses and Single Moms After Divorce**

By: M. Scott Gordon

If you have been a stay-at-home mom during your marriage but will soon be returning to work in the Chicago area because you are getting divorced, it is never too soon to begin thinking about [college expenses](https://familylawadvocate.com/articles/college-expenses/) for your child.

Most courts will require that single moms contribute to the child’s college expenses. This is particularly true for single parents in Illinois now that the state has changed the way it approaches issues of child custody (now known as Allocation of Parental Responsibilities) and visitation (now known as parenting time). What should lower-earning, soon-to-be-single parents consider with regard to the child’s [college expenses when going through a divorce](https://familylawadvocate.com/articles/college-expenses/)?

**Think About College Expenses Early**

For many couples thinking about divorce in the Chicago area, college expenses are not the first order of concern. Indeed, many individuals are thinking about property distribution, spousal maintenance, parental responsibilities, and child support. In particular, if there are young children from the marriage and you are focused on financial issues concerning your children’s well-being and upbringing now, you may not be thinking about college expenses down the road. However, as the article emphasizes, it is essential to take college costs and expenses into account at the time of your divorce—even if your children are not yet in elementary school.

What do you need to do in order to account for college expenses even when your children are not anywhere near the age of a college student? One option is to “reserve” a future determination by the court about your child’s college expenses, which is the default option. To be clear, when it comes time for the child to submit college applications, and to pay for tuition and room and board, the parties can return to court to get an order for the child’s college expenses.  But simply reserving the issue only “kicks the can” down the road.

At the same time, the court can make provision for educational expenses of a non-minor child. For instance, under [Illinois law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513), the court can order the parents to establish an account “for the child’s post-secondary education, that is an account in a state tuition program under Section 529 of the Internal Revenue Code, or that is some other college savings plan.” That account then becomes the property of the child.

**In Most Cases, Both Parents Must Contribute to College Expenses**

You may have heard that Illinois now shifts the way in which it determines the amount of child support owed in the state by switching to an “income shares” model. On a related note, parents who used to be considered “custodial” parents prior to the amendments to the Illinois [Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA) will also contribute to the financial needs of the child. While the court will take into account differences in income and earning potential between the parents, the new “income shares” model focuses on how both parents can contribute.

Similarly, both parents should anticipate being responsible—at least in part—for contributing to their children’s college expenses. Even if one of the parents used to be a stay-at-home parent and earns less than the parent who was the primary earner during the marriage, the court will expect both parties to contribute in some capacity to the educational expenses of their children.

**Contact a Chicago College Expenses Lawyer**

Do you have questions about divorce and college expenses? A [Chicago college expenses attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** College Expenses

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### [Do We Need to Get Divorced to Have the Court Divide Our Property?](https://familylawadvocate.com/do-we-need-to-get-divorced-to-have-the-court-divide-our-property/)

**Published:** June 20, 2017
**Author:** familylawadvocate

**Content:**

**Do We Need to Get Divorced to Have the Court Divide Our Property?**

By: M. Scott Gordon

There are many couples in the Chicago area that decide to live together in a committed relationship, but never get married (or legalize their relationship another way, such as through a civil union). When these couples break up—after years and sometimes even decades of being together—the battle over joint property can be contentious. Yet they are not [getting divorced](https://familylawadvocate.com/divorce/) according to the law. In such situations, are these couples able to have a court divide joint property just as they would marital property in the event of a legal divorce? In short, the answer is no. An [article](http://www.chicagotribune.com/news/local/breaking/ct-illinois-supreme-court-domestic-partners-property-ruling-met-20160819-story.html) in the *Chicago Tribune* explains why you must [file for divorce](https://familylawadvocate.com/divorce/) in order to have a court decide who is entitled to what property.

**History of Illinois’s Opposition to Common Law Marriage**

As the article explains, the Illinois Supreme Court issued a ruling in 1979—more than 35 years ago—that clarified that the state did not recognize common law marriages, or marriages that exist, *de facto*, when committed couples live together as if they were married by law for a certain amount of time. Such “common law marriages” after 1905 are not recognized.  The case concerned a woman in a committed relationship who had lived with her partner, and even had had children with her partner. In her case, the woman wanted the court to distribute property from the relationship that was in the partner’s possession. The court, in short, said no.

What was its reasoning for refusing to recognize the doctrine of common law marriage that exists in other states? In 1979, the court’s aim, according to a later appellate court decision, was to “uphold a policy of discouraging cohabitation between unmarried parties and disfavoring non-marital children.”

**Current Illinois Supreme Court Rulings on Property Distribution, Cohabitation, and the Need for Marriage and Divorce**

Yet the Illinois Supreme Court has not changed its mind in the twenty-first century—at least not about the outcome of that earlier case. Toward the end of last summer, the court decided on a similar case in which one partner in a longtime relationship “sought part ownership of her longtime partner’s medical practice after the couple broke up.”

The Illinois Supreme Court emphasized that “societal norms and attitudes about unmarried people living together are far from what they were in the 1970s.” Indeed, according to Justice Lloyd Karmeier, “the court does not share the same concern or characterization of domestic partners who cohabit, nor do we condone such comparisons.” At the same time, however, the court ultimately came to the same conclusion it did in 1979.

Why did the court decide that it could not divide the property of a longtime, unmarried couple? The court emphasized that all persons in the state of Illinois, including same-sex couples, now have the right to marry. The court explained: “Since marriage is a legal relationship that all individuals may or may not enter into, Illinois does not act irrationally or discriminatorily in refusing to grant benefits and protections . . . to those who do not participate in the institution of marriage.”

In short, the guidelines for property distribution in divorce do not apply to unmarried couples. If you want the benefit of having the court divide your property under a theory of equitable distribution as it would in any divorce case, then you must get married and then file for divorce—or so the recent Illinois Supreme Court ruling suggests.

**Contact a Chicago Divorce Lawyer**

If you have questions about property distribution, a [divorce attorney in Chicago](https://familylawadvocate.com/contact-us/) can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Property Division

---

### [Is the Illinois Spousal Maintenance Formula Best for Everyone?](https://familylawadvocate.com/is-the-illinois-spousal-maintenance-formula-best-for-everyone/)

**Published:** June 26, 2017
**Author:** familylawadvocate

**Content:**

**Is the Illinois Spousal Maintenance Formula Best for Everyone?**

By: M. Scott Gordon

If you are thinking about [filing for divorce in Chicago](https://familylawadvocate.com/divorce/spousal-maintenance/) or the Chicago area, or if you have friends or family members who have recently gotten divorced in Illinois, you probably know that the state recently changed its approach to [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/). Rather than leaving the amount and duration of the maintenance largely up to the judge, courts are now guided by a formula based on the income of both parties and the length of the marriage. However, as an [article in the ](http://www.chicagotribune.com/news/ct-cancer-treatment-centers-divorce-law-met-20161128-story.html)[*Chicago Tribune*](http://www.chicagotribune.com/news/ct-cancer-treatment-centers-divorce-law-met-20161128-story.html) suggests, while the spousal maintenance formula may be beneficial to many spouses getting divorced in the state, it does not do a lot to determine how high net worth divorces should be handled with regard to spousal maintenance.

Indeed, the spousal maintenance formula only applies to couples who earn a combined gross income of $250,000 or less. How, then, do courts make decisions about spousal maintenance in high net worth divorces?

**Contending with Monthly Living Expenses in High Net Worth Divorces**

The article in the *Chicago Tribune* focuses on the divorce of the Chicago multimillionaire, Richard Stephenson, who founded Cancer Treatment Centers of America. According to the article, Stephenson and his ex-wife Alicia have been engaged in a lengthy battle over the appropriate amount of spousal maintenance that should be awarded. During the marriage, Alicia and Richard enjoyed a lifestyle that required high costs of living. As part of the divorce proceedings, Alicia contended that, in order to maintain the lifestyle to which she became accustomed during the marriage, she would need “more than $400,000 a month to maintain her living expenses.”

That monthly amount, as you can see, is more than the annual combined gross income cutoff for couples for whom the spousal maintenance formula would apply. In cases like the Stephenson divorce, if courts are not going to rely on guidelines that come with a formula for calculating spousal maintenance, what considerations go into the court’s ultimate decision?

**Judges Have Discretion in Awarding Spousal Maintenance in High Asset Divorces**

Generally speaking, [Section 504 of the Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) (IMDMA) provides a list of factors that the judge can take into account when deciding the amount and duration of a spousal maintenance award (presuming, of course, that the court has determined that spousal maintenance is appropriate). As such, in cases like the Stephenson divorce or in other high asset divorce cases, the court may consider some of the following when it decides the amount and duration of a spousal maintenance award:

- Income and property of each of the parties;
- Needs of each of the parties;
- Realistic present and future earning capacity of each party;
- Domestic duties of either party resulting in that party forgoing education, employment, or other career opportunities;
- Impairment of either party’s earning capacity;
- Time necessary for either party to acquire the education, training, or employment necessary to support himself or herself;
- Standard of living established during the marriage;
- Age, health, station, occupation, and skills of each party; and
- Prior agreement made between the parties.

There are other factors that the court can take into other factors that you should discuss with a Chicago spousal maintenance lawyer.

**Contact a Spousal Maintenance Attorney in Chicago**

Do you have questions about high net worth divorce and spousal maintenance calculations? An experienced [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) and the North suburbs can help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about the services we provide.

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**Categories:** Spousal Maintenance

---

### [Divorce and Narrative “Medicine”](https://familylawadvocate.com/divorce-and-narrative-medicine/)

**Published:** July 6, 2017
**Author:** familylawadvocate

**Content:**

**Divorce and Narrative “Medicine”**

By: M. Scott Gordon

There are many different ways that Chicago residents cope with [divorce](https://familylawadvocate.com/divorce/), especially given that the factors in each divorce case are distinct from one another. But are there some universal ways in which Chicagoans who get divorced can learn to cope with the breakdown of a marriage? According to a [recent study](http://www.dailymail.co.uk/health/article-4488328/Struggling-cope-divorce-diary.html) conducted by researchers at the University of Arizona, narrating your experiences through journaling actually might be able to help you to cope with the psychological [effects of divorce](https://familylawadvocate.com/divorce/).

We know that it might sound unlikely—that keeping a journal can impact your psychological and emotional well-being. However, there are numerous accounts of narrative “medicine,” so to speak, and this recent study suggests that writing down your feelings and experiences can help to keep you in better physical health after a divorce.

**Making Meaning of Your Experiences through Storytelling**

The key to meaningful journaling or storytelling after a divorce does not simply involve a play-by-play of your feelings in the aftermath of the breakdown of your marriage. Rather, as Kyle Bourassa, one of the authors of the study, explains, “To be able to create a story in a structured way—not just re-experience your emotions but make meaning out of them—allows you to process those feelings in a more physiologically adaptive way.” In other words, narrating your experiences can be a significant task because it can allow you to think critically about your situation and to respond in meaningful ways to your divorce.

When newly divorced spouses in Chicago keep journal entries about their emotional reactions and physical experiences, they can “gain an understanding . . . that allows them to move forward, rather than simply spinning and re-experiencing the same negative emotions over and over.” To be sure, by writing about your feelings after a divorce, you may be able to better make sense of those feelings and to learn to deal with them in a productive way.

**Can Narrative Really Impact Psychological and Physical Well-Being?**

There are many who doubt that narrative can have such a strong impact upon the psychological or physiological well-being of a person after divorce. However, the recent study seeks to disprove such assumptions. How did the study work? In this study, the researchers took 109 married men and women who either had become separated or divorced from their spouses within about three months. Each received a health assessment. Those individuals then were divided into three groups.

In the first group, the participants kept regular journals in which they wrote “deep feelings about their relationship and experience.” In the second group, participants told “the story of their relationship by expressing their emotions in a narrative framework with a beginning, middle, and end.” For the third group, participants were asked to write journal entries that omitted emotions and described only “their daily activities.” Each of the participants—in all three groups—wrote in journals for at least 20 minutes per day for three consecutive days.

Several months after the journaling experience, the participants in the second group—those who developed narrative frameworks for their experiences—showed signs of better physical health than the others, particularly heart health. While more research needs to be done to draw definite conclusions, the authors of the study suggest that narrative can indeed function, in some ways, as a remedy for the emotional trauma linked to divorce. The study is forthcoming in the journal *Psychosomatic Medicine*.

**Discuss Your Case with a Divorce Attorney in Chicago**

Divorce can be difficult, and it is important to have an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) on your side. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to Chicago residents.

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**Categories:** Divorce

---

### [Can Contested Divorce Affect Your Child’s Health?](https://familylawadvocate.com/can-contested-divorce-affect-your-childs-health/)

**Published:** July 25, 2017
**Author:** familylawadvocate

**Content:**

**Can Contested Divorce Affect Your Child’s Health?**

By: M. Scott Gordon

When parents remain in an unhappy and contentious marriage, or when parents finally decide to [file for divorce in Chicago](https://familylawadvocate.com/divorce/) but end up in heated disputes over property division and parental responsibilities, how are the kids affected? According to a [recent article](http://www.newsweek.com/divorce-kids-parents-sickness-common-cold-621895) in *Newsweek*, your child’s physical health actually can be impacted by a bitter relationship with your spouse. For a long time, experts have emphasized that [divorce](https://familylawadvocate.com/divorce/) can have many psychological effects upon children, but it has not always been clear how a child’s physical health is impacted by divorce. Now, as the article suggests, disputed divorce proceedings might actually take a toll on your children’s immune systems. What else do you need to know about this research?

**New Study Suggests that Children’s Physical Well-Being May Be Tied to Bitter Divorce**

The *Newsweek* article discusses a recent study published in the journal *Proceedings of the National Academy of Sciences*. In this study, research from Carnegie Mellon University “linked a factor of separation to increased odds of catching a cold in adults whose parents divorced or separated when they were children.” Such a conclusion might sound odd. However, “psychologists have long suggested children whose parents are divorced or separated are prone to several psychological effects and outcomes due to the drastic changes in their household structure, including depression, anxiousness, poorer grades, struggles with trust others, and even increased health risks.” As such, it should not come as too much of a surprise that divorce can also affect a child’s physical health.

What is surprising about the recent study, however, is that it ties divorce during childhood to health during adulthood. In other words, children who are affected by divorce can experience physical impacts years and even decades later when they are adults, according to the researchers.

**Factors Related to Divorce Rather than the Fact of the Divorce Itself**

It is important to note that it is not simply divorce that can result in physical health risks to children. While divorce can affect a child’s psychological well-being, the researchers involved in the Carnegie Mellon study underscore that “it’s not really necessarily about the divorce per se.” Instead, as one of the authors of the study explained, “there seem to be factors related to divorce, such as how well parents can communicate regarding their child following divorce, that seems to be better predictors of outcomes.” To be clear, it is not simply that a child’s parents get divorced that can correlate to physical health issues. Instead, it is the way in which the divorce is handled.

When parents go through a bitter divorce, the physical health of children appears to be impacted.

**Persistent Stressful Life Experiences Can Increase Risk of Future Illness**

To conduct the study, the researchers took 201 adults and split them into three different groups: 1) those whose parents had remained married during their childhoods, 2) those whose parents either had been separated or divorced during their childhoods but remained on speaking terms and in relatively good standing, and 3) those whose parents either had been separated or divorced during their childhoods and went through contested divorce proceedings.

The authors of the study found that, when a child experiences psychological stress (especially the children in the third group mentioned above), that psychological stress can harm the immune system. And the effects are not only temporary. To be sure, those children who experienced psychological stress and weakened immune systems during childhood continued to experience some of those effects through adulthood. What is the lesson to take away from the study? According to one of the authors, “there’s good evidence that stressful life experiences,” such as a bitter divorce, “especially when they’re persistent over a long period of time, can do things to our physiology that increase risk of future illness.”

**Discuss Your Case with a Chicago Divorce Lawyer**

Do you have questions about filing for divorce in Chicago? A dedicated [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your case.

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**Categories:** Divorce

---

### [Factors in Deciding Grandparent Visitation](https://familylawadvocate.com/factors-in-deciding-grandparent-visitation/)

**Published:** August 1, 2017
**Author:** familylawadvocate

**Content:**

**Factors in Deciding Grandparent Visitation**

By: M. Scott Gordon

[Grandparent visitation](https://familylawadvocate.com/divorce/grandparent-visitation/) is a difficult issue in the Chicago area and throughout the state of Illinois. When divorces are particularly contentious, for example, or when questions of whether spending time with one of the parents is in the child’s best interests, grandparents can be denied visitation with their grandchild. When the grandparents were accustomed to spending time with the child and playing a significant role in the child’s life, the denial of visitation and any form of electronic communication can become extremely difficult and emotionally challenging.

It is possible, in some circumstances, to obtain [grandparent visitation rights](https://familylawadvocate.com/divorce/grandparent-visitation/). However, grandparents should understand the factors that the court will take into account when determining whether to grant visitation. By looking at the relevant Illinois law, we can help you to understand what those factors might be. It is very important to work with an experienced Chicago area family law attorney as you begin the process of seeking grandparent visitation.

**Illinois Law on “Visitation By Certain Non-Parents”**

The Illinois law that deals with grandparent visitation is defined in our statute as concerning “visitation by certain non-parents” ([750 ILCS 5/602.9](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.9)). Under this law, a grandparent, great-grandparent, sibling, step-parent, and other certain persons can file a petition to request visitation with the child. Before the court will even look to the statutory factors for deciding whether to grant visitation, however, the child must be at least one year old, and the grandparent (or whoever is filing the petition) must be able to show that “there has been an unreasonable denial of visitation by a parent and the denial has caused the child undue mental, physical, or emotional harm.”

The statute makes clear that “there is a rebuttable assumption that a fit parent’s actions and decisions regarding grandparent . . . visitation are not harmful to the child’s mental, physical, or emotional health.” As such, Illinois law firmly places the burden on the grandparent to prove that the parent’s denial of visitation will in fact result in “undue harm to the child’s mental, physical, or emotional health.”

**What Factors Does the Court Consider in Determining Whether Grandparent Visitation is Appropriate in the Chicago area?**

Not everyone can seek this type of visitation, and statute sets forth certain factors of when a court may consider a Petition for visitation.  If the court decides to consider the petition for grandparent visitation, then the statute outlines the following factors for the court to consider in deciding whether grandparent visitation is appropriate:

- The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation;
- The mental and physical health of the child;
- The mental and physical health of the grandparent, great-grandparent, sibling, or step-parent;
- The length and quality of the prior relationship between the child and the grandparent, great-grandparent, sibling, or step-parent;
- The good faith of the part in filing the petition;
- The good faith of the person denying visitation;
- The quantity of the visitation time requested and the potential adverse impact that visitation would have on the child’s customary activities;
- Any other fact that establishes that the loss of the relationship between the petitioner and the child is likely to unduly harm the child’s mental, physical, or emotional health; and
- Whether visitation can be structured in a way to minimize the child’s exposure to conflict between the adults.

As with other statutory issues in which the court can consider a number of different factors in making a determination, no single factor listed above is necessarily dispositive. In other words, the court can decide how much weight to give to the factors based on the circumstances of the case.

**Seek Advice from a Chicago Grandparent Visitation Lawyer**

Grandparent visitation is a complicated matter. If you have questions about a petition, a [Chicago grandparent visitation attorney](https://familylawadvocate.com/contact-us/) can help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Grandparent's Rights

---

### [Would Child Support Collections Improve with Debt Forgiveness Programs?](https://familylawadvocate.com/would-child-support-collections-improve-with-debt-forgiveness-programs/)

**Published:** August 10, 2017
**Author:** familylawadvocate

**Content:**

**Would Child Support Collections Improve with Debt Forgiveness Programs?**

By: M. Scott Gordon

When a parent fails to make child support payments (leading the other parent to engage in [child support collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/) processes), is it because the parent behind on payments does not want to pay? According to a [recent article](http://www.governing.com/topics/health-human-services/gov-child-support-westchester-new-york-debt-foregiveness.html) in *Governing*, social services employees have begun to question whether low-income parents who do not pay child support simply cannot do so. In such cases, would the need for [child support collection](https://familylawadvocate.com/divorce/child-support-collections-chicago/) processes decline if those parents were eligible for debt forgiveness programs in which other types of debt—like credit card debt or medical debt—were forgiven? Or, if the amount of child support owed is unmanageable, would reducing the parent’s child support debt actually increase the likelihood of future child support payments?

In other words, if those parents were not concerned about trying to make payments on outstanding debts, would their ability to pay child support improve? That is a question that a number of cities and states in the country have begun asking. One such program currently exists for Chicago residents: the [Clean Slate Program](https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs8253.aspx). But do these programs actually work?

**Majority of Parents Who Owe Child Support Are Below the Federal Poverty Level**

Why would programs want to forgive debts in order to increase the likelihood of child support payments (and to reduce the need for child support collections)? At first glance, these programs might not seem to make a lot of sense. However, when we look at certain studies and statistics, debt forgiveness may indeed be a viable option for improving child support payment rates and reducing the need for collection initiatives.

A [report](http://www.urban.org/research/publication/assessing-child-support-arrears-nine-large-states-and-nation/view/full_report) from The Urban Institute, prepared for the U.S. Department of Health and Human Services (HHS) and the Office of Child Support Enforcement, looked at late child support payments in nine different states, including Illinois. On average, about 70 percent of all late child support payments were debts owed by parents who had an annual income below the federal poverty level (for a single household, the [poverty guideline](https://aspe.hhs.gov/2015-poverty-guidelines) was set at $11,770 in 2015, according to HHS). To be clear, more than two-thirds of parents who owed back child support did not make more than $10,000 per year. And when parents do not pay child support, interest is tacked onto what is owed, adding to the debt.

Given these facts, cities and states have begun to think of new ways to help parents to make child support payments. The Clean Slate Program is one of these programs.

**Learning more About the Clean Slate Program and Its Impact on Child Support Collections**

Illinois’s Clean Slate Program is a debt forgiveness program for parents that are behind on child support payments in order to encourage regular payments in the present and future. As the website for the program explains, it “allows the permanent removal of past due child support debt owed to the State of Illinois in exchange for regular ordered payments of support,” provided the parent successfully completes the program.

To be eligible, parents must provide proof of unemployment, incarceration, or a serious illness that prevented child support payment. Then, the parent must provide proof of a current ability to pay, and the parent must make regular child support payments for six months. If the conditions are met, child support owed to the state can be erased, but child support owed to the custodial parent still is owed. The theory behind the program is that it will encourage present and future child support payments—allowing parents to get back on track with their payments.

Does the program actually reduce some need for child support collections? According to a [report](http://www.ywcss.com/sites/default/files/pdf-resource/debt_compromise_improving_child_support_outcomes_final_report_nov_14_2012.pdf) from the Center for Policy Research, the Clean Slate Program in Illinois has led to a 14 percent increase in child support payments, and about 83 percent of parents who participate in the program have debt write-offs. The program clearly can be beneficial for parents who owe child support and want to make payments, but it may not be enough to deal effectively with the high number of cases where child support remains unpaid.

**Contact a Child Support Collections Attorney in Chicago**

Do you have questions about the Clean Slate Program or child support collections? A [Chicago child support lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Support

---

### [What is the Difference Between Divorce and Annulment?](https://familylawadvocate.com/what-is-the-difference-between-divorce-and-annulment/)

**Published:** August 15, 2017
**Author:** familylawadvocate

**Content:**

**What is the Difference Between Divorce and Annulment?**

By: M. Scott Gordon

Sometimes married couples in the Chicago area who have been together for a short time have questions about whether they should seek an annulment instead of a [divorce](https://familylawadvocate.com/divorce/). Sometimes people are under the assumption that annulments are easier to get than divorces. In general, most of these notions about annulment are misconceptions. As such, it is important for married couples in the Chicago area who want to dissolve their marriages to understand the difference between [filing for divorce](https://familylawadvocate.com/divorce/) and seeking an annulment.

**Annulment is the Legal Declaration of Invalidity of Marriage**

The first thing to know about annulment is that it is now known under Illinois law ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3000000&SeqEnd=3700000)) as the “Declaration of Invalidity of Marriage.” To address some common misconceptions about annulment, this is not the legal practice to use if your marriage was a mistake and only lasted for a short time, or if you want to dissolve your marriage quickly. Rather, an annulment, or the declaration of invalidity of marriage, is only used to declare a marriage invalid under one of the following statutory circumstances:

- **Lack of capacity**: a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;
- **Inability to have sexual intercourse**: a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time of the marriage was solemnized the other party did not know of the incapacity;
- **Underage marriage**: a party was aged 16 or 17 years and did not have the consent of his parent or guardian or judicial approval; or
- **Illegal marriage**: the marriage is prohibited.

Marriages can be illegal for a number of reasons. For instance, if one or both of the parties was already married to someone else, or if the parties are close relatives, then the marriage may be prohibited.

In order to have your marriage declared invalid, you must abide by specific timelines in the statute. The timelines for seeking a declaration of an invalid marriage depend upon the reason for your decision to seek a declaration of invalidity of marriage. The following are the timetables for each cause:

- Lack of capacity: 90 days following knowledge of lack of capacity;
- Inability to have sexual intercourse: one year following knowledge of condition; or
- Underage marriage: prior to the time the underage part reaches the age of consent.

If the marriage is prohibited, there is no time limit.

**Should I File for Divorce or Seek a Declaration of Invalidity of Marriage?**

First, if your situation does not fall under one of the situations described above and you want to dissolve your marriage, you will need to file for divorce. Moreover, there really should be no situations in which a couple can choose between divorce or a declaration of the invalidity of marriage. To be clear, if your marriage is invalid to begin with, you likely should not file for divorce, and as long as your marriage was valid, you probably should not seek to have it declared invalid.

If you still have questions or concerns, a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide.

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**Categories:** Annulment

---

### [Thinking About Divorce? A New Study Suggests You May Reconsider](https://familylawadvocate.com/thinking-about-divorce-a-new-study-suggests-you-may-reconsider/)

**Published:** September 7, 2017
**Author:** familylawadvocate

**Content:**

**Thinking About Divorce? A New Study Suggests You May Reconsider**

By: M. Scott Gordon

If you are thinking about [filing for divorce in Chicago](https://familylawadvocate.com/divorce/), you may have been contemplating this difficult decision for a very long time. We know that nobody enters into the [divorce](https://familylawadvocate.com/divorce/) process lightly, especially after a long-term marriage and when there are children involved. At the same time, a [recent study](https://www.ualberta.ca/agriculture-life-environment-sciences/alesnews/2017/august/half-of-those-considering-divorce-change-their-feelings-within-a-year) conducted by researchers at Brigham Young University and the University of Alberta determined that around 50 percent of people who consider divorce end up changing their minds within a year. As the study suggests, “if you’re thinking about getting a divorce, give it a year—there’s a fifty percent chance your feelings will change quite dramatically.”

Does this study accurately reflect sentiments and rates of divorce, or is it possible that the study includes individuals who have thought only generally about divorce in the first place? To better understand the findings, let’s take a closer look at the study.

**Methods of the National Divorce Decision-Making Project**

The study comes out of research conducted by American and Canadian professors on U.S. divorce rates as part of the [National Divorce Decision-Making Project](https://familystudiescenter.byu.edu/Documents/Reports/What%20are%20they%20thinking%20FINAL%20digital.pdf) at Brigham Young University. It is a collaborative project that involves researchers from six universities, including BYU, the University of Alberta, University of North Texas, University of Minnesota, University of Missouri, and Montana State University. The recently reported results involved studying a representative group of 3,000 different Americans, aged between 25 and 50.

How did the study work? It grouped the 3,000 participants into three different categories:

- Soft thinkers;
- Serious thinkers; and
- Conflicted thinkers.

The soft thinkers, according to Adam Galovan, one of the authors of the study, “had infrequent thoughts of divorce and few problems, and were generally hopeful about improving their marriage.” The serious thinkers, differently, thought about divorce “more frequently, had more serious issues, and felt less hopeful.” The conflicted thinkers were those with “the most intense problems” in the marriage, such as adultery or addiction or abuse issues. The individuals in this last group, ironically, had the most hope for their relationships, yet they also ended up with the highest divorce rates.

**Study Findings: Couples May Change Their Minds About Divorce Over Time**

According to the authors of the study, they observed these three groups over the course of a year. Within that time, approximately 50 percent had moved into a different category. This does not mean that more soft thinkers started considering divorce more seriously, however. As Galovan explained, they “bounced around,” and numerous participants went from being serious thinkers to not considering divorce at all.

The study does not necessarily suggest that those thinking about divorce seriously should give it more time. Many individuals who have carefully contemplated divorce and its implications may not be entirely represented in the study. What the findings do suggest, instead, is that thinking about divorce is a lot more common than we might expect, and that it is normal to consider divorce even if you may change your mind later. According to Galovan, “couples can take these thoughts as an invitation to look at their relationship and do what they need to do to improve it.”

**Contact a Divorce Lawyer in Chicago**

If you have questions about filing for divorce, a [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide.

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**Categories:** Divorce

---

### [What is a “Substantial Change in Circumstances” for Modifying Spousal Maintenance?](https://familylawadvocate.com/what-is-a-substantial-change-in-circumstances-for-modifying-spousal-maintenance/)

**Published:** September 14, 2017
**Author:** familylawadvocate

**Content:**

**What is a “Substantial Change in Circumstances” for Modifying Spousal Maintenance?**

By: M. Scott Gordon

Spousal support, or [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), can be awarded in divorces in Illinois in certain circumstances. Generally speaking, [Illinois law](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961&GA=98) says that a court can decide to award temporary or long-term maintenance for a spouse, taking into account a variety of factors in making the determination as to whether spousal support is appropriate. To be clear, before a Chicago area court decides how much spousal maintenance payments should be and for how long they should last, the court must first decide whether spousal support is even appropriate. If your Chicago area divorce was finalized recently and you were ordered to make spousal maintenance payments, you might be wondering if there are any factors that could change your duty to pay. In other words, when do [spousal support modifications](https://familylawadvocate.com/divorce/spousal-maintenance/) happen?

**Learning More About a Substantial Change in Circumstances**

Illinois law ([750 ILCS 5/510](http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm)) states that an order for spousal maintenance “may be modified or terminated only upon a showing of a substantial change in circumstances.” What constitutes a substantial change in circumstances? The statute lists the following:

- Change in employment status of either party, including whether the employment change was made in good faith;
- Efforts made by the payee spouse to become self-supporting;
- Impairment of the present and future earning capacity of either party;
- Tax consequences of maintenance payments with regard to the parties’ economic circumstances;
- Duration of previous maintenance payments relative to the length of the marriage;
- Property awarded to each part in the divorce;
- Increase or decrease in either party’s income since the divorce judgment;
- Property acquired and currently owned by each party since the divorce judgment; and
- Any other factor that the court determines to be just and equitable.

**Can Spousal Maintenance Be Modified in Any Other Circumstances?**

Illinois law ([750 ILCS 5/502](http://ilga.gov/legislation/ilcs/documents/075000050K502.htm)) also allows divorcing spouses to come to an agreement about changing the length and terms of spousal maintenance, as prior Orders can be modified by agreement with Court approval. For instance, the couple can agree many changes in prior Order, such as modifying the length or amount of maintenance.

In addition to agreeing that a support award will be modifiable, couples can also agree that the payments will terminate—a type of modification, really—either upon a certain date or in the event of certain circumstances (such as the payee spouse obtaining a degree or a new position at work).

**Contact a Chicago Spousal Maintenance Lawyer**

If you have questions or concerns about modifying spousal support, a [spousal maintenance attorney in Chicago](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Spousal Maintenance

---

### [Can Your Career Predict Your Likelihood of Divorce?](https://familylawadvocate.com/can-your-career-predict-your-likelihood-of-divorce/)

**Published:** September 25, 2017
**Author:** familylawadvocate

**Content:**

**Can Your Career Predict Your Likelihood of Divorce?**

By: M. Scott Gordon

Do spouses with certain types of jobs in the Chicago area [file for divorce](https://familylawadvocate.com/divorce/) more often than individuals in different professions? Could your chosen profession impact your likelihood of [divorce](https://familylawadvocate.com/divorce/)? According to a [recent article in ](https://www.forbes.com/sites/learnvest/2017/07/21/your-career-choice-could-affect-your-marriage-according-to-this-study/#6e4fd5d1142f)[*Forbes*](https://www.forbes.com/sites/learnvest/2017/07/21/your-career-choice-could-affect-your-marriage-according-to-this-study/#6e4fd5d1142f), stress levels associated with specific jobs may indeed result in a higher divorce rate under certain circumstances. If there are jobs that tend to have employees with higher divorce rates, could simply changing your job also allow you to save your marriage?

**Your Career Can Affect Your Marriage**

It should not come as a surprise to most Chicago area married couples that your career can affect your marriage. To be sure, many studies have shown that money issues and stress levels contribute significantly to a couple’s decision to get divorced. For example, one study out of Kansas State University determined that “arguments about money were the top predictor of divorce among both men and women—even higher than arguments about children, sex, or in-laws.” But does that mean more individuals with lower paying jobs are more likely to get divorced than individuals with higher paying jobs? Not necessarily.

As the *Forbes* article reports, a recent study on divorce rates and careers suggests that both emotional and financial strains contribute to higher divorce rates among couples aged 30 and younger. What are some of the jobs that lead to divorce more often than others?

**Military Jobs Have High Emotional and Financial Stress Factors**

When it comes to linking certain careers to higher divorce rates, the study suggests that military careers often are at the top of the list. It indicates that military jobs “put the largest strain on marriages . . . considering the stress that constant deployments and moves can put on a family both emotionally and financially.” In particular, first-line military supervisors who are tasked with coordinating and leading enlisted service members have the highest divorce rates noted in the study, coming in at around 30 percent. On average, military divorce rates come in at a much lower number—15 percent.

Yet there are many other types of jobs that also produce significant financial and emotional stress, both on the job and back at home.

**Careers with Particularly High Divorce Rates**

In addition to first-line military supervisors, what other career fields have particularly high divorce rates? The article cites the following as all having high divorce rates, ranging from 14 percent to 18 percent:

- Logisticians (individuals who “coordinate a company’s supply chain”);
- Automotive service technicians;
- Mechanics;
- Enlisted military tactical operations workers; and
- Chemical technicians.

Among those with the lowest divorce rates—coming in at 4 percent or less—are individuals who have careers in the legal, science, and entertainment fields, according to the article.

**Contact a Chicago Divorce Attorney**

Could changing your career affect your likelihood of divorce? The study emphasizes that there are many different factors that influence each divorce case, but financial stress is a large contributor. As such, it is important to come to an agreement early on in the marriage about finances, future money goals, and other economic plans. If you have questions about filing for divorce, an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce

---

### [How Does the Illinois Adoption Process Work?](https://familylawadvocate.com/how-does-the-illinois-adoption-process-work/)

**Published:** October 18, 2017
**Author:** familylawadvocate

**Content:**

**How Does the Illinois Adoption Process Work?**

By: M. Scott Gordon

If you are thinking about [adoption in the Chicago](https://familylawadvocate.com/adoption/) area, we know that you probably have many questions about the Illinois adoption process. Adoptions in Chicago are governed by the Illinois Adoption Act ([750 ILCS 50/1](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59)). To better understand how adoption works in Illinois, we will walk you through a number of questions about the process, including:

- Who is eligible to be adopted?;
- Am I eligible to adopt a child?;
- Are there different kinds of adoptions?; and
- How do I file for an adoption to make it legal?

If you have questions about adoption, you should always speak with an experienced Chicago family law attorney.

**Who is Eligible to Be Adopted?**

For anyone considering adoption, it is important to understand who can be adopted under Illinois law. To be clear, the law does not work in such a way that any child can be legally adopted regardless of his or her circumstances. Under the statute, the following people can be available for adoption:

- Child who has been surrendered for adoption to an adoption agency and the agency has consented;
- Person who is authorized to consent to the adoption has given consent;
- Biological parents of the child have placed the child with the prospective adoptive parents and given consent; or
- Child has been relinquished under the Abandoned Newborn Infant Protection Act.

In certain situations, an adult can also meet the conditions necessary under the law to be adopted.

**Am I Eligible to Adopt in Illinois?**

Generally speaking, an adult can be eligible to adopt under Illinois if the adult meets the following conditions:

- Does not have a legal disability;
- Has resided continuously in Illinois for at least six months (or for 90 days if the person is a member of the armed forces); and
- Is a reputable person.

Sometimes there is a good reason for a person under the age of 18 to adopt. The statute emphasizes that a minor can adopt by leave of the court (which simply means permission of the court).

**Are There Different Types of Adoptions?**

The Illinois Adoption Act specifies that there are different kinds of adoptions. It is important for a person planning to adopt to understand the distinction among them and to know what type of adoption she or he will be seeking:

- Related adoption: where one of the adopting parents is related to the person who is going to be adopted (this includes step-parent adoptions).
- Unrelated adoption: where neither of the adopting parents is related to the person who is going to be adopted.

Adoptions can go through an agency, or they can happen through a private adoption. It is important to know how these types of adoptions differ because they can affect the legal rights and responsibilities of the parties involved.

**Filing an Illinois Petition for Adoption**

Once you understand the foundational elements of the adoption process, it is important to learn more about the process for filing the adoption petition. In most cases, the adopting parent(s) will need to file an adoption petition within 30 days from the time that the adoptee became available for adoption. In certain situations, the court can extend this deadline. After the petition is filed, what should you expect? The next step is an interim order hearing. This is the period that will involve an investigation into the adoptive parents, as well as the court making decisions about temporary parental responsibilities for the child. After this step is complete and six months have passed, there will be a final hearing. At this point, the court can finalize the adoption.

**Speak with a Chicago Adoption Lawyer**

Do you have questions about adoption? A Chicago adoption lawyer can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with an experienced family law attorney.

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**Categories:** Adoption

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### [Getting Divorced in Chicago from Prison](https://familylawadvocate.com/getting-divorced-in-chicago-from-prison/)

**Published:** October 10, 2017
**Author:** familylawadvocate

**Content:**

**Getting Divorced in Chicago from Prison**

By: M. Scott Gordon

Many Chicago area residents understand that, if they want to [file for divorce](https://familylawadvocate.com/divorce/), they need to take the initial steps required to begin the process. However, for individuals who are serving jail time and are incarcerated in the state of Illinois, it is not always so easy to have access to the courts—even when that needed access has nothing to do with the reason the person is serving a term of imprisonment. As a [recent article](https://www.theatlantic.com/politics/archive/2017/09/the-difficulty-of-getting-a-divorce-in-prison/538653/) in *The Atlantic* reveals, the “average prisoner has neither the power to compel transportation to court nor the money to hire an attorney.”

However, as the article explains, “one Chicago court may have found a fix.” The answer concerns technology in the courtroom and comments interestingly upon questions about equal access to the law.

**Televisions, Cameras, and Technology Allow Chicago Inmates to File for Divorce**

Most courtrooms do not permit people to come to court “virtually.” In other words, if you file for divorce or need to be in court for another reason, it is expected that you will appear in person. For anyone who is serving a criminal sentence and is incarcerated, getting to the courtroom can be a serious physical challenge. The article in *The Atlantic* begins with the story of one woman who testified in Cook County court about her desire for a divorce. She was not seeking spousal support, and she did not need to have any property she shared with her husband divided. To be sure, she was willing to waive such options because her husband “had an alcohol problem and had been abusive.” She testified that “her marriage was irretrievably broken,” in effect seeking a no-fault divorce.

This might sound like a commonplace scenario. What is distinct about this particular woman’s narrative, however, is that she was only present in court virtually. Indeed, the woman “was imprisoned 175 miles away.” Yet that fact did not stop Circuit Court Judge Grace Dickler from granting the divorce. Indeed, Dickler granted the divorce after hearing from the woman virtually. What do we mean by virtual presence? In short, with in-court televisions, a camera in front of the woman, and an internet connection, the woman was able to present herself in the courtroom to “interact with the judge in real time.”

**Rights to Courtroom Access for Divorce**

According to Judge Dickler, allowing inmates to file for—and be granted—a divorce is an important step forward in prisoner’s rights, and Chicago seems to be leading the way. The article underscores that, “like many prisoners with legal issues unrelated to their incarceration, the woman had previously been locked out of the court system—precisely, and paradoxically, because she was in prison.”

The Judge emphasized the significance of virtual presence for inmates when it comes to matters of divorce and other family law issues. As Dickler contended, “just because someone is incarcerated doesn’t mean they shouldn’t have access to the courts.” She went on to say that granting divorces to inmates can be an important step in allowing that individual to move forward in a productive way with his or her life after getting out of jail.

This particular program began in Judge Dickler’s courtroom about two years ago. The article notes that hers is “part of the second-largest family court in the United States.”

**Discuss Your Case with a Divorce Lawyer in the Chicago area**

The divorce process can be difficult and complicated, but a Chicago divorce attorney can assist with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Divorce

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### [Learning More About Child Relocation After Divorce](https://familylawadvocate.com/learning-more-about-child-relocation-after-divorce/)

**Published:** October 26, 2017
**Author:** familylawadvocate

**Content:**

**Learning More About Child Relocation After Divorce**

By: M. Scott Gordon

Once your [Chicago divorce](https://familylawadvocate.com/divorce/) has been finalized and you have a parenting plan or allocation judgment in place, you might be thinking about moving to a new house or even to a new state. As a brief reminder, under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000)), when parents can come to an agreement about parenting time, then they can develop a parenting plan that the court can approve. When parents cannot agree about parenting time, the court will need to allocate parental responsibilities. This is called an allocation judgment. Sometimes a parenting plan or an allocation judgment can include language about relocation (such as how it will be handled), particularly if a parent knows it is likely to happen in the near future.

However, when a parent has been allocated a majority of the parenting time, or when both parents have been allocated equal parenting time, it is important to understand how relocation will work. In short, the statute makes clear that “a parent’s relocation constitutes a substantial change in circumstances,” and thus the parent will need to seek a modification of the parenting plan or allocation judgment in order to relocate the child.

**Illinois Law – Definition of Relocation**

How does the Illinois Marriage and Dissolution of Marriage Act define relocation? Under Part VI, relocation can refer to one of three scenarios:

- Child already lives in Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County, and the parent plans to change the child’s residence to one that is more than 25 miles from the current residence (but still within the state of Illinois);
- Child does not live in one of the abovementioned counties, and the parent plans to relocate the child to change the child’s residence to one that is more than 50 miles from the current residence (but still within the state of Illinois); or
- Parent plans to change the child’s residence to one that is more than 25 miles from the current residence and is outside the state of Illinois.

**Modifying a Parenting Plan or Allocation Judgment for Relocation**

If a parent plans to relocate, what does he or she need to do? The statute lays out a series of steps:

- Parent must provide written notice of the relocation to the other parent;
- Copy of that written notice will be filed with the clerk of the circuit court (at which point the court can decide to waive or seal information contained in the notice based on a history of domestic violence);
- Written notice must occur at least 60 days prior to the planned relocation unless 60 days’ notice is impracticable; and
- If 60 days’ notice is impracticable, the parent must provide written notice “at the earliest date practicable.”

Does the written notice need to say more than, simply, that the parent plans to relocate? The answer is yes. The statute identifies three key pieces of information that must be contained within the written notice:

- Intended date of the parent’s relocation;
- Address of the parent’s intended new residence (if it is already known); and
- Length of time the relocation will last (or, the relocation may be permanent).

If a parent seeking to relocate does not comply with the notice requirements discussed above, the court may decide that the relocation is not in good faith. In the event that both parents agree to the relocation and the other parent (who is not relocating) signs the written notice, the court will sign off on the relocation provided that it is in the best interests of the child.

**Contact a Chicago Divorce Lawyer**

If you have questions about relocation after divorce, you should speak with a Chicago divorce lawyer about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce

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### [New Study Suggests Divorce May Be Hereditary](https://familylawadvocate.com/new-study-suggests-divorce-may-be-hereditary/)

**Published:** November 7, 2017
**Author:** familylawadvocate

**Content:**

New Study Suggests Divorce May Be Hereditary

By M. Scott Gordon

Are some people in the Chicago area predisposed to [divorce](https://familylawadvocate.com/divorce/)? In other words, no matter how carefully we consider issues of marriage, are some of us more likely to get divorced than others as a result of genetics? According to a [recent article](http://www.health.com/relationships/divorce-genetic) in *Health Magazine*, a new study argues that “adult children of divorced parents are more likely to get divorced themselves, compared to those who grew up in two-parents homes.” The study will appear in the journal *Psychological Science*, and it suggests that some people may be predisposed to divorce in a way that others are not. As the article puts it, “an increased risk for divorce may be coded in our genes.”

Could genetics actually result in higher divorce rates among certain persons?

**Details of the Recent Divorce Study**

The recent study was a joint effort by psychologists in the United States and in Sweden. The researchers analyzed data from about 20,000 adults, all of whom had been adopted. What did they find? They determined that “the adoptees were more likely to resemble their biological parents and siblings when it came to their histories of divorce, not their adoptive ones.” In other words, it appeared as though there may be something innate, or genetic, that predisposes a person to divorce.

Dr. Jessica Salvatore, a psychology professor at Virginia Commonwealth University and one of the authors of the study, noted that the findings go “against commonly held beliefs that divorce runs in families because children watch and learn from their parents and grow up to mimic their behavior.” Indeed, even Salvatore indicated that she was surprised by the results of the research.

**Generic Personality Factors That Can Contribute to Divorce**

While there has been evidence to suggest that children who come from divorced households may be more likely to experience divorce themselves later in life, Salvatore emphasized that “those studies haven’t controlled for the fact that those parents are also contributing genes to their children.” In other words, researchers have focused on studies that look at children from divorced homes and children from intact homes, beginning with the assumption that a child’s environment can play a role in determining whether the child is more likely to get divorced as an adult. Salvatore underscored that her study, which relies on information about adopted children, helps to elucidate ways in which the reason that people get divorced “may have more to do with nature than with nurture.”

To be clear, the recent study is not suggesting that individuals have a gene that leads to divorce. Rather, they are suggesting that certain personality factors that often play roles in determining whether someone stays married or gets divorced can be genetic. For instance, personality factors such as “neuroticism and impulsiveness” can be genetic, and as Salvatore clarifies, “we know from other studies that these are factors that contribute to divorce.” More precisely, when someone has these personality traits, it can be more difficult for the person to remain in a relationship, or for another person to want to remain in a marriage with someone who is neurotic or impulsive.

Such genetic factors are not absolute predictors, but they can help us to better understand how a person’s genetic makeup in addition to environmental factors can play a role in determining risk for divorce.

**Seek Advice from a Chicago Divorce Lawyer**

Do you have questions about filing for divorce? A Chicago divorce attorney can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce

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### [How Does Legal Separation Work in Chicago?](https://familylawadvocate.com/how-does-legal-separation-work-in-chicago/)

**Published:** November 20, 2017
**Author:** familylawadvocate

**Content:**

**How Does Legal Separation Work in Chicago?**

By: M. Scott Gordon

When Chicago residents are considering divorce, most decide to separate, which often involves one of the spouses moving out of the marital home and into a new residence. In some cases, these married couples might have heard that they should seek a legal separation before getting divorced. What is a legal separation under Illinois law? And how can a [Chicago legal separation](https://familylawadvocate.com/divorce/legal-separation/) benefit couples who are planning to file for divorce?

**Learning About the Difference Between Illinois Divorce and Legal Separation**

The first question you may want to ask is this: what is the difference between a divorce and a legal separation in Illinois? Both divorce and legal separation are governed by the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000)). When a divorce is finalized, the divorce puts a legal end to the marriage. The parties no longer have a legal obligation to one another as spouses—although there may be a legal obligation with regard to spousal or child support. Once a divorce has been finalized, the parties are free to marry other people, and they can begin identifying as “single” as opposed to “married” on documents like tax returns. Legal separation is different. When a couple is legally separated, they are not free to marry other people, and the law continues to classify them as married.

Why would a married couple seek a legal separation? In some situations, the couple wants to have something official that clarifies their relationship as one in which they are no longer sharing certain aspects of marriage. More often than not, however, parties seek a legal separation in order to have the court allocate parental responsibilities and make a decision about child support (when there are children from the marriage), and sometimes to make a decision about spousal maintenance. In some cases, the court also can divide marital property as it would in a divorce.

If you obtain a legal separation, you can file for divorce later on, if you so choose.

**Illinois Law on Legal Separation**

How does the law define a legal separation in Illinois? The definition of legal support is framed in terms of giving parties a path through which to obtain child support and spousal maintenance:

“Any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they live apart.”

How can you seek a legal separation? First, you and your spouse must be living “separate and apart” according to the law. You also must meet certain residency requirements—typically you must have resided in Illinois for more than three months. Once you have met the requirements to obtain a legal separation, you must file for legal separation in a manner that is similar to filing for divorce. Keep in mind that a judgment for legal separation is not automatic. In cases where the court determines that child support and/or spousal maintenance are appropriate, it can enter a legal separation judgment that clarifies what type and what amount of support or maintenance must be paid.

When can a court divide marital property in a legal separation? In short, both parties must come to an agreement that the court should enter a property settlement. When the court does so, the statute specifies that it is “final and non-modifiable.”

**Contact a Chicago Legal Separation Attorney**

In brief, a legal separation may be helpful if you need the court to enter a judgment concerning support, maintenance, and parental responsibilities. An experienced Chicago legal separation lawyer can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with your case.

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**Categories:** Legal Seperation

---

### [Same-Sex Divorce and Property Division: Dealing with Commingled Property](https://familylawadvocate.com/same-sex-divorce-and-property-division-dealing-with-commingled-property/)

**Published:** November 27, 2017
**Author:** familylawadvocate

**Content:**

**Same-Sex Divorce and Property Division: Dealing with Commingled Property**

By: M. Scott Gordon

While marriage equality should, in theory, bring with it [gay divorce](https://familylawadvocate.com/chicago-same-sex-divorce/) equality in Chicago and throughout the state of Illinois, there are often issues that affect same-sex couples disproportionately in a divorce proceeding. One of the major concerns is the classification of separate property and marital property. As an [article](http://time.com/money/3962052/same-sex-divorce-planning/) in *Time Magazine* suggests, due to the fact that same-sex couples could not legally marry in Illinois and in other states until relatively recently, many of those couples that have been together for decades may face complications when it comes time to distribute marital property should they ever divorce.

In other words, same-sex divorce can lead to this question: when a couple that could not legally marry but acquired property together before the marriage, how does that property get classified for the purposes of the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000)) requirements?

**Divorce Equality and Same-Sex Divorce**

As many Chicago residents know, same-sex marriage became legal in Illinois on June 1, 2014 (following Governor Pat Quinn signing the law on November 20, 2013). As such, same-sex couples have been able to marry for more than three years in Illinois, and shortly thereafter, gay marriage became legal nationwide following the U.S. Supreme Court decision in [*Obergefell v. Hodges*](https://www.oyez.org/cases/2014/14-556) (2015). In theory, legalizing same-sex marriage should have resulted in divorce equality, too. To be clear, it is not that the laws regarding divorce issues are written differently for same-sex couples. However, as we mentioned above, the process of divorce, particularly when it comes to financial issues, can be different as a result of so many years in which same-sex marriage was not legal.

Under the IMDMA, property distribution occurs in the same way for a heterosexual married couple that is getting divorced as for a same-sex married couple that is getting divorced. Property gets distributed according to a theory of equitable distribution, meaning that property is divided according to what is equitable or fair to the parties. There is also no distinction between same-sex couples and heterosexual couples under the law in terms of dividing marital property but excluding separate property from distribution. However, commingled property can be a unique issue for many same-sex couples in long-term relationships.

**Commingled Property and Gay Divorce in the Chicago area**

What do we mean when we say commingled property can present unique complications for same-sex couples who are getting divorced? First, let us explain in more detail what we mean by commingled property. Commingled property refers to property that started as separate property—property that was acquired before the marriage or was gifted as separate property to only one spouse during the marriage, for example—but may have become marital property because it was blended in some capacity with other marital property. For example, a spouse might use separate property to buy a marital home, or might deposit separate property into a marital bank account.

Why is this a particularly complex issue in gay divorce cases? In brief, since same-sex marriage has only been legal in Illinois since 2014, many same-sex married couples had been sharing their lives for decades prior. If marriage was not legal yet same-sex couples were living together as if they were spouses, how does the property get classified that they purchased together and shared? What does a court do with shared bank accounts from before the legal marriage began?

Generally speaking, courts will classify marital property and separate property based on the date of the legal marriage. In other words, property acquired before the marriage typically will be treated as separate property, and if it was commingled after the date of marriage, the court will sort it out in the same way it would for any heterosexual married couple.

**Contact a Chicago Same-Sex Divorce Lawyer**

If you have questions about property distribution in a gay divorce, an experienced Chicago same-sex divorce lawyer can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Same-Sex Divorce

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### [Study Says Divorce Increases Risk for Alcohol Use Disorders](https://familylawadvocate.com/study-says-divorce-increases-risk-for-alcohol-use-disorders/)

**Published:** December 12, 2017
**Author:** familylawadvocate

**Content:**

**Study Says Divorce Increases Risk for Alcohol Use Disorders**

By: M. Scott Gordon

For anyone who is thinking about [filing for divorce in Chicago](https://familylawadvocate.com/divorce/) or the Chicago metro area, it is important to learn more about how  divorce (“dissolution of marriage”) can affect the psychological and physical health of the parties. According to a recent study discussed in a *Forbes Magazine* [article](https://www.forbes.com/sites/zhanavrangalova/2017/10/16/divorce-increases-risk-for-alcohol-use-disorders-remarriage-lowers-it/#1d24b40315ca), divorce may increase the risk for alcohol use disorders while remarriage (after a divorce) may lower that risk. although the likelihood of engaging in abuse of alcohol *after* a divorce typically does not affect the outcome of a Chicago area divorce proceeding, it can impact the ways in which parenting responsibilities and parenting time are allocated.

**Divorce Can Be Linked to Alcohol Use and Abuse**

For quite some time, psychologists and other researchers have explored the link between alcohol abuse and divorce. As the article explains, “research consistently shows that, compared to married people, divorced people drink more and in more harmful ways (e.g., binge drinking), are more likely to have a lifetime or recent alcohol use disorder (AUD) diagnosis, engage in more alcohol-related risky behaviors, and have higher alcohol-related mortality.” What the recent study shows that is new is that “divorce increases the risk for subsequent alcohol abuse.” The results of the study were published in the peer-reviewed journal *American Journal of Psychiatry*.

In other words, the study suggests that people who get divorced may be more likely to develop alcohol use disorders or to engage in abusive alcohol use practices. The researchers looked at a population of about 950,000 people, including some who has an AUD diagnosis prior to divorce and some who were diagnosed after the dissolution of the marriage. What did the researchers conclude? In brief, “after divorce, the rates of first-time AUD increased sixfold in men and over sevenfold in women.” Even after taking into account other factors, divorce seemed to be a causal factor in the development and diagnosis of an alcohol use disorder.

**Alcohol Abuse Relapses After Divorce and the Potential Benefits of Remarriage**

In addition to the development of an alcohol use disorder during and after divorce, the study also showed that relapses were more likely. To be clear, the development and diagnosis of an alcohol use disorder is not tied to divorce as a single event, but rather to the process of divorce, including the months or years of problems in the marriage (prior to filing for divorce), the timetable for the divorce itself (from property distribution through the allocation of parental responsibilities), and in the years following divorce. In most cases, “the risk for AUD increased substantially in the year of the divorce and remained elevated for many years in those who did not remarry.”

The age of the individual did not appear to be a major contributing factor. While female study participants did show higher rates of AUD, sex was also not a major contributing factor given that both men and women showed higher risk of alcohol abuse problems due to divorce. And it is not only divorce—the ending of a marriage in general has been linked to AUD. For instance, the death of a spouse has also been tied to alcohol abuse and other related disorders.

Notably, the risk for AUD decreased in those individuals who remarried, suggesting that marriage—whether it is a first, second, or subsequent marriage—can have physical and psychological benefits.

**Seek Advice from a Chicago Divorce Lawyer**

If you have questions about filing for divorce in the Chicago area, a dedicated Chicago divorce attorney can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist you.

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**Categories:** Divorce

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### [Dissipation and Chicago Divorce](https://familylawadvocate.com/dissipation-and-chicago-divorce/)

**Published:** January 4, 2018
**Author:** familylawadvocate

**Content:**

**Dissipation and Chicago Divorce**

By: M. Scott Gordon

What is dissipation and what do you need to know about dissipation if you are [filing for divorce in Chicago](https://familylawadvocate.com/divorce/)? Concerns about dissipation most often arise in the context of the distribution of marital property. In recent years, Illinois law has changed to narrow dissipation, and it is important to understand how this becomes an issue in [Chicago divorces](https://familylawadvocate.com/divorce/). In the Illinois Appellate Court Case of [*In re Marriage of Carter*](https://law.justia.com/cases/illinois/court-of-appeals-fourth-appellate-district/2000/4991015.html), dissipation is defined as “the use of marital property for one spouse’s benefit or for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.” In other words, dissipation refers to a situation in which one spouse uses marital assets for reasons that are not related to the marriage when the spouses either are considering divorce or are in the process of getting divorced.

What should you know about current Illinois law and dissipation?

**Illinois Marriage and Dissolution of Marriage Act on Dissipation**

What does the Illinois Marriage and Dissolution of Marriage Act have to say about dissipation? Under [750 ILCS 5/503](http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), the court should take into account dissipation when it makes a decision about how to distribute marital property. In order to take dissipation into account, the court needs to have the following:

- Notice of intent to claim dissipation no later than 60 days after the trial begins or 30 days after discovery closes (whichever is later);
- Information (contained within the notice of intent to claim dissipation) about date or time period in which the irretrievable breakdown of the marriage occurred, the property dissipated, and date or time period in which the dissipation occurred; and
- Certificate or service of notice of intent to claim dissipation filed and served properly.

In addition, there are limits for the dissipation—these concern some amendments made to Illinois law in 2013 and 2016:

- Dissipation must have occurred prior to three years after the party claiming dissipation knew or should have known about the dissipation; and
- Dissipation cannot have occurred prior to five years before the filing of the petition for the dissolution of marriage.

**Why Does Dissipation Matter?**

You might be asking yourself: why does dissipation matter? Let us give you an example. For instance, imagine that Spouse A and Spouse B have been married for 10 years, and the spouses have been sharing a bank account in which they both deposit paychecks every month, which they have been doing since the beginning of the marriage. For all intents and purposes, the bank account is marital property. Spouse A decides to file for divorce, and Spouse B gets angry about the impending and decides to take a trip to London to clear his head. While in London, he uses his debit card—linked to the joint bank account—and spends down all of the money in the account in order to have a good time on his trip. He ends up spending $15,000 total, and feels justified since he is angry at Spouse A for filing for divorce.

When the court decides how to distribute property, Spouse A argues dissipation, and says that Spouse B unfairly spent marital assets when he knew that the marriage was irretrievably broken. The court can take into account Spouse B’s dissipation in the equitable distribution of marital property.

**Contact a Chicago Divorce Lawyer**

If you have questions about dissipation or property distribution more generally, a [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce

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### [Child Support and the “Gig Economy”](https://familylawadvocate.com/child-support-and-the-gig-economy/)

**Published:** January 10, 2018
**Author:** familylawadvocate

**Content:**

**Child Support and the “Gig Economy”**

By: M. Scott Gordon

Has the rise of the “gig economy” changed the way that [child support](https://familylawadvocate.com/divorce/child-support/) is paid and collected? When we refer to the “gig economy,” we are talking about what the [U.S. Bureau of Labor Statistics](https://www.bls.gov/careeroutlook/2016/article/what-is-the-gig-economy.htm) (BLS) describes as a workforce made up of people in a wide variety of fields who operate on short-term contracts, as freelancers, and in general as independent contractors who earn money going from job to job, and who often are “juggling multiple jobs at once” to put together an average monthly or yearly income. According to an [article](http://www.governing.com/topics/health-human-services/stl-gig-economy-child-support.html) in *Governing.com*, “the rise of the gig economy and a broad shift to contract work is making it easier for people to evade child support, causing headaches for parents and for state officials charged with tracking down money.”

In other words, it may be more difficult to hold parents responsible for child support payments when they are not salaried employees and/or do not have steady wage jobs. What do you need to know about the gig workforce and child support accountability?

**High Percentage of Child Support is Withheld from Paychecks**

According to the article, approximately 70 percent of child support payments are provided through withholding income from the parents’ paychecks. To be clear, a high percentage of child support results from an employer taking the necessary steps to provide information about workers that can allow the state to withhold child support from those workers’ paychecks. If the state does not know about a person’s source of income, it can be extremely difficult to take child support payments directly from a parent’s paycheck. The gig workforce makes this even more complicated.

To be sure, “employers are required to report new hires to a child support database used to find out where parents are working to set orders and withhold income,” in most often “employers are bound by those rules only when they hire full-time or part-time employees, not contractors or gig workers, who are sometimes classified as contractors.” Generally speaking, this holds true in Illinois.

**Employer Reporting Requirements for New Hires in Illinois**

According to [Illinois Child Support Services](https://newhire.hfs.illinois.gov/NewHireWeb/NewHireReporting.jsp), employers must report all newly hired employees within 20 calendar days from each employee’s start date to ensure that those employees are accountable for child support obligations. More precisely, employers must report the following types of workers:

- Full-time employees;
- Part-time employees;
- Temporary employees; and
- Employees who return to work even though they have been off the payroll for 60 days for a number of reasons, from layoffs to medical leaves.

Who is not included? An Illinois Child Support Services [FAQ page](https://newhire.hfs.illinois.gov/NewHireWeb/FrequentlyAskedQuestions.jsp) clarifies that “the rule of thumb is that employers must report all new employees who are required to fill out federal W-4 wage withholding forms,” and that does not include independent contractors who typically are part of the gig workforce. Thus, it may be difficult to withhold income from the paychecks of independent contractors who are responsible for child support payments in Chicago.

**Speak with a Chicago Child Support Lawyer**

Do you have questions about child support and a parent’s employment status? An experienced child support attorney in Chicago can speak with you about your options. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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---

### [New Psychology Study Addresses Divorce Predictive Factors](https://familylawadvocate.com/new-psychology-study-addresses-divorce-predictive-factors/)

**Published:** January 16, 2018
**Author:** familylawadvocate

**Content:**

**New Psychology Study Addresses Divorce Predictive Factors**

By: M. Scott Gordon

Are there certain psychological factors that can help to predict whether an individual is likely to [get divorced](https://familylawadvocate.com/divorce/)? We often consider different personality traits that might play a role in predicting divorce, as well as specific information about couples. Yet is there really a formula for making an educated guess about whether any given couple in Chicago is more likely than another to find that their marriage ends in divorce? Many researchers emphasize that “divorce rates are a complicated subject to study,” and “while the literature is muddy in a lot of places, a few themes have borne out in repeated studies.” A [recent study](http://www.cnn.com/2017/11/06/health/predict-divorce-partner/index.html) discussed in *CNN Health* seeks to collate this research to provide some clear predictive factors about divorce.

The recent study was conducted by Justin Lehmiller, an associate professor of social psychology at Ball State University. What factors does it cite in helping us to consider the likelihood of divorce?

**Ages of the Parties in the Marriage**

The age of the parties in the marriage plays a significant role in predicting the likelihood of divorce. Generally speaking, people who get married when they are slightly older tend to have longer-lasting relationships. Conversely, couples who elect to get married when they are especially young tend to have a greater risk of getting divorced later in life.

**Demographics and Divorce Prediction**

Demographics also can help to predict the likelihood of divorce. More specifically, a person’s education level and religious background can play a major role in determining whether a person is likely to get divorced. If the parties in a marriage have a college education, there is a better chance that the marriage will last. Women who have a bachelor’s degree have an approximately 78 percent chance of staying married for 20 years, while women with only a high school education, comparatively, have a 41 percent chance of remaining married. Men with a bachelor’s degree have a 65 percent chance of remaining married, while men with only a high school education have a 47 percent chance of staying married after 20 years.

Individuals who identify as religious—without specificity for any particular religion—also have a higher likelihood of still being married after 20 years.

**Emotional Instability**

What the study describes as “neuroticism,” or a person’s emotional instability, also plays a role in predicting whether a marriage is likely to last. As you might imagine, individuals who have less emotional stability tend to be more sensitive about “perceived threats” and “to ruminate about them.” In addition, emotional instability is tied to “anxiety and depression orders,” which are commonly shown to predict the likelihood of divorce. In other words, spouses with anxiety and/or depression tend to have shorter marriages.

**Infidelity within the Marriage**

It should not come as a surprise, but the clearest predictive factor for divorce is infidelity. In short, when married couples have extramarital affairs, the relationship suffers and often ends in divorce.

**Contact a Chicago Divorce Attorney**

If you have questions about filing for divorce in Illinois, you should reach out to an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [New Illinois Divorce Law on Pets and Custody](https://familylawadvocate.com/new-illinois-divorce-law-on-pets-and-custody/)

**Published:** February 6, 2018
**Author:** familylawadvocate

**Content:**

**New Illinois Divorce Law on Pets and Custody**

By: M. Scott Gordon

When most couples [file for divorce in Chicago](https://familylawadvocate.com/divorce/), they have concerns about how the court will handle the matter of the family pet. Who will get the dog? Will the soon-to-be ex-spouses have to share custody of the family’s cat? These questions often lead to bitterness between the parties, and many divorces become very contentious as a result of a battle over the family dog or cat. As of January 1, 2018, a new law is in effect in Illinois concerning divorce and pets. According to a [recent report](http://www.chicagotribune.com/g00/news/local/breaking/ct-met-pet-custody-law-20171218-story.html?i10c.encReferrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8%3D&i10c.ua=1) in the Chicago Tribune, the new law “treats pets more like children in custody cases.” Specifically, similar to the way that Illinois law now requires courts to [allocate parental responsibilities](https://familylawadvocate.com/divorce/child-custody/) (instead of awarding child custody), courts will also now be considering “the well-being of companion animals in allocating sole or joint ownership.”

If you are in the process of getting divorced in the Chicago area and have pets, what do you need to know about the new law?

**Pets Defined as Marital Assets, Not Service Animals**

It is important to note that pets defined as service animals are not subject to the law. The [ADA National Network](http://adata.org/factsheet/service-animals) explains that a service animal is “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” More specifically, any other animal that is not a dog, regardless of how it is trained, cannot be considered a service animal.

As such, if you have a cat or another animal (that is not a dog), then it is not a service animal. And if you do have a dog that classifies as a service animal, the new law will not apply when you get divorced. The law “applies only to pets that are marital assets, not service animals.” Until this new law took effect, pets were handled more like other marital property, such as motor vehicles or financial investments. While the report notes that many divorcing spouses eventually are able to come to an agreement about a family pet without the court making the final decision, there are cases where the court must decide.

**Judges Now Have More Flexibility in Determining “Pet Custody”**

Under the old law, judges typically had to make a decision about which of the spouses received the pet in the divorce settlement, giving the family dog or cat to one of the spouses in the course of property distribution. However, judges can now decide, under the revised Illinois law, that the parties can have “joint ownership” of the pet, and can even share time spent with the animal.

Illinois is one of only a small number of states that now has a pet custody law like this one. Alaska was the first state to enact such a law. Why is there a need for new kinds of pet custody laws? More couples see pets as integral parts of the family, especially in marriages without children. A survey conducted by the American Academy of Matrimonial Lawyers in Chicago indicated that about 30 percent of pet custody issues are settled outside of court, but courts end up deciding about 70 percent of pet custody matters. As such, having a specific law in place that gives judges flexibility in deciding these cases will likely be a good thing for all parties involved.

**Contact a Divorce Attorney in Chicago**

Do you have questions about divorce and pet custody? An experienced Chicago area divorce attorney can help with your case. Contact Gordon & Perlut, LLC to learn more about how the new law is likely to impact you.

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### [Which Parent Gets to Use the Child Tax Credit After Divorce?](https://familylawadvocate.com/which-parent-gets-to-use-the-child-tax-credit-after-divorce/)

**Published:** February 12, 2018
**Author:** familylawadvocate

**Content:**

**Which Parent Gets to Use the Child Tax Credit After Divorce?**

By M. Scott Gordon

Do you have children? If you are thinking about [filing for divorce](https://familylawadvocate.com/divorce/) or have separated from the other parent of your children, it is important to learn more about the child tax credit and divorce in the Chicago area. When you file your taxes as a married couple filing jointly, there is no need to debate which of the parents is able to receive the child tax exemption. However, tax issues can become contentious in the event of divorce or family break-up, especially when it comes to child tax credits. If you are not accustomed to filing your own taxes, or if you do not know about the child tax credit and how it benefits parents, it is important to learn more about the child tax credit more generally before you file for divorce. Then, you should discuss your situation with a Chicago area divorce lawyer.

**What is the Child Tax Credit?**

According to an [information sheet](http://www.taxpolicycenter.org/briefing-book/what-child-tax-credit-ctc) from the Tax Policy Center, the Child Tax Credit (CTC) gives tax-paying parents a credit of up to $1,000 for each child who is under the age of 17. For single parents earning an adjusted gross income of more than $75,000, and married couples earning an adjusted gross income of more than $110,000, the CTC is reduced by 5 percent of the adjusted gross income.

In situations where the CTC is more than the amount of the tax owed, then the family claiming the CTC may be eligible to receive some or all of the CTC as a refund. This is known as the additional child tax credit (ATCT) or a refundable CTC. The ACTC cannot be more than 15 percent of earnings above $3,000.

Now, what happens to that CTC when a married couple gets divorced? Can both parents—functioning as single parents—claim the CTC? Or is it limited to only one of the parents?

**“Custodial Parents” and Child Tax Credits**

As a [fact sheet](https://www.eitc.irs.gov/other-refundable-credits-toolkit/what-you-need-to-know-about-ctc-and-actc/what-you-need-to-know) from the U.S. Internal Revenue Service (IRS) explains, to be eligible to receive the CTC, the child must be under the age of 17 at the end of the tax year, must be claimed as a dependent on your tax return, and must “have lived with you for more than half the tax year.” Both parents cannot claim the CTC if they are divorced. In addition, that latter clause clarifies that it is typically the parent with whom the child lives for the majority of the year that is permitted to receive the CTC at tax time. However, given that Illinois child custody laws have recently changed to emphasize the importance of both parents spending physical time with their children, the issue of the CTC may turn out to be quite complicated.

In situations where one parent has the majority of the “parenting time” according to a parenting agreement or an allocation judgment, then it is likely that the parent with the majority of the parenting time will be able to claim the CTC. Depending on your situation and your parenting agreement, it may be possible to alternate years receiving the CTC with your ex-spouse. The IRS will respect the allocation of the child tax credit in any final court judgment.

**Seek Advice from a Divorce Attorney in the Chicago area**

A Chicago divorce attorney can help you to develop a parenting agreement and to discuss your options with you. Contact Gordon & Perlut, LLC for more information about how we can assist you.

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---

### [How Does Parenting Time Work with a Non-Traditional Work Schedule?](https://familylawadvocate.com/how-does-parenting-time-work-with-a-non-traditional-work-schedule/)

**Published:** February 19, 2018
**Author:** familylawadvocate

**Content:**

**How Does Parenting Time Work with a Non-Traditional Work Schedule?**

By: M. Scott Gordon

When a married couple decides to divorce and has children from the marriage, that couple will need to consider issues of [parenting time](https://familylawadvocate.com/divorce/child-custody/) and parental responsibilities. For parents that have non-traditional work schedules, the prospect of developing a parenting plan or having the court allocate parental responsibilities can be anxiety-inducing and frustrating. For instance, those parents might be wondering: will I lose the ability to share equal parenting time simply because of my non-traditional work schedule? Or, those parents might have concerns about whether the court will think that equal parenting time is not in the child’s best interest because that parent has a non-traditional work schedule that does not give him or her significant time at home with the child during non-school hours and weekends.

We want to discuss parenting time and non-traditional work schedules for families in the Chicago area.

**Developing a Parenting Plan When You Have a Non-Traditional Work Schedule**

Many different professions have non-traditional work schedules. For example, parents in the Chicago area who work in the healthcare field as nurses or emergency physicians may be required to work long shifts that may be overnight shifts. Similarly, parents who work for the Chicago Fire Department or the Chicago Police Department may have odd-hour shifts, as do many mothers and fathers who have second jobs in the fast-food industry. Can these parents be penalized—meaning, can they be denied “normal” parenting time because of a non-traditional work schedule that might make it more difficult to perform caretaking functions?

 Generally speaking, parents with non-traditional work schedules are not likely to be denied parenting time due to a hectic job. Often, one of the easiest ways to ensure time with your children is to work with the other parent to develop a parenting plan. Under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), when parents come to an agreement about parenting time and parental responsibilities, the court can agree to it. Through a parenting plan, the parents may be able to agree that the parent with the non-traditional work schedule will have the child for three or four days every week, which will vary with the parent’s schedule. Or, if the parent typically works all weekends, the parents might be able to agree that the parent with the non-traditional schedule can always have the child on weekdays, while the other parent will always have weekends (and perhaps a certain number of weekdays).

**Allocation of Parental Responsibilities When One Parent Has a Non-Traditional Work Schedule**

Even if the parents cannot come to an agreement, the court will enter an allocation judgment that includes parenting time, taking into account the best interests of the child. The law makes clear that it is in the child’s best interests to spend time with both parents unless there are issues of violence or safety. As such, simply because a parent has a non-traditional work schedule should not affect the court’s decision to allocate parenting time.

The court may consider a different type of schedule, however, that takes into account the parent’s work schedule. As we noted above, allocating parenting time only on weekdays, for example, may be a solution to a non-traditional work schedule. The court typically will consider each situation on a case-by-case basis and will allocate parental responsibilities—including parenting time—in a manner that makes sense for that particular family situation.

**Contact a Chicago area Parenting Time Lawyer**

Do you have questions about parenting time and non-traditional work schedules? A Chicago area parenting time attorney can assist you. Contact Gordon & Perlut, LLC today to discuss your case.

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**Categories:** Parenting Time Attorney

---

### [Recognize the Signs of an Impending Divorce](https://familylawadvocate.com/recognize-the-signs-of-an-impending-divorce/)

**Published:** March 5, 2018
**Author:** familylawadvocate

**Content:**

**Recognize the Signs of an Impending Divorce**

By: M. Scott Gordon

Are there clear signs that [divorce](https://familylawadvocate.com/divorce/) is imminent? And are they reliable predictors for divorce for couples living in Chicago? A [recent study](https://www.usatoday.com/story/money/economy/2018/02/02/broken-hearts-rundown-divorce-capital-every-state/1078283001/) discussed in *USA Today* reported on the “divorce capital” of each state, seeking to identify the location in each state in the U.S. where the most divorced individuals live, as well as where divorce rates have been highest in the last year. Given that the American Psychological Association still puts [divorce rates](https://familylawadvocate.com/divorce/) at between 40 and 50 percent of married couples (and a higher rate for remarriages), it is important to consider the numerous factors that play a role in determining the likelihood of divorce and whether couples’ therapy or other interventions can help to correct the issues that are leading to an impending divorce.

**Where Are the Highest Rates of Divorce in Illinois?**

Chicago residents should know that the highest rates of divorce are not in the city. Instead, the highest rates of divorce in the state occur in Litchfield, Illinois. Not only do a high number of divorces occur for residents of Litchfield, but this area of the state also has the highest divorced population at 19.8 percent. The state of Illinois on the whole has a divorce rate of only 9.8 percent, with a married population of 44.9 percent.

Where else are divorce rates high in Illinois? According to a [report](http://967theeagle.net/10-illinois-cities-with-highest-divorce-rates/) from Rockford 96.7, Chicago itself is not among the cities in the state with the highest divorce rate. However, numerous areas of Chicagoland are cited, including but not limited to:

- Oak Park;
- Lombard;
- Downers Grove;
- Hoffman Estates;
- Plainfield;
- Evanston;
- Wheaton; and
- Bolingbrook.

**Common Signs of an Impending Divorce**

In some situations, recognizing that your spouse is unhappy—and that you may be unhappy in the relationship, as well—can help you to consider whether divorce is the right choice for you, or whether there may be opportunities to repair the marriage. An [article](https://www.psychologytoday.com/blog/divorce-grownups/200911/the-six-signals-divorce) in *Psychology Today* lists the following as the most common signals of divorce:

- Spouses are unable to resolve conflicts on their own and do not have any methods they use for conflict resolution;
- Lack of interest in the emotional well-being of the other spouse, including a lack of empathic engagement with one another more generally;
- Withdrawal of affection, or disaffection, meaning that spouses have disengaged from one another emotionally and no longer are showing affection of any type toward one another;
- Lack of sex in the marriage, which often results from disaffection more generally, and frequently is a common indicator that she spouses simply are not connecting and that “the bonds are rapidly eroding if not already in a terminal state”;
- Increased focus by one or both spouses on issues outside the marriage, such as their careers or extracurricular activities (this often occurs when spouses raise children to adulthood and no longer see a reason to be as connected to the domestic sphere); and
- One or both spouses beginning to take steps to prepare for life as a single person.

**Contact a Chicago Divorce Attorney About Your Case**

Just because signals of divorce exist does not mean that a marriage necessarily will end in divorce. However, if the marriage cannot be repaired, a Chicago divorce attorney can help with the next steps. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Divorce, College Expenses, and Private Tuition: What Are a Parent’s Responsibilities?](https://familylawadvocate.com/divorce-college-expenses-and-private-tuition-what-are-a-parents-responsibilities/)

**Published:** March 20, 2018
**Author:** familylawadvocate

**Content:**

**Divorce, College Expenses, and Private Tuition: What Are a Parent’s Responsibilities?**

By: M. Scott Gordon

When you are getting divorced in the Chicago area and have children from the marriage who are nearing college, you should know that [Illinois law](http://www.ilga.gov/legislation/ilcs/documents/075000050k513.htm) says divorced parents can be required to pay for a child’s [college expenses](https://familylawadvocate.com/articles/college-expenses/). Indeed, when the court deals with the distribution of marital property, it can award sums of money for the [educational expenses of the child](https://familylawadvocate.com/articles/college-expenses/) associated with a post-secondary education. Those college expenses include “the actual cost of the child’s post-secondary expenses, including tuition and fees, provided that the cost for tuition and fees does not exceed the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year.”

In other words, parents can be required to pay a student’s tuition and fees as long as they are not more than the costs associated with an in-state education at the University of Illinois at Urbana-Champaign. But what happens when the child attends a more expensive private university? Or what happens when there are two children from the marriage, the parents agree to pay for a private school education for the first child and then cannot afford to do so for the second?

**Obligations When a Child Attends a Private College or University**

What college expenses are divorced parents required to cover if the child attends a private college or university with tuition and fees at much higher rates than those at the in-state University of Illinois at Urbana-Champaign? Generally speaking, the court can only order college expenses up to the amount specified by the statute.

As such, the parents can be required to contribute to college expenses up to the amount that it would cost to send the child to the of Illinois at Urbana-Champaign with in-state tuition, but the court cannot order the parents to pay more. To be clear, the child does not have to attend an in-state institution to be eligible for college expenses, but the law only requires parents to provide college expenses in that amount.

**When Two Children Attend Colleges with Different Costs**

How about a situation in which there are two or more children from the marriage? In this scenario, the first child attends an expensive private college or university, and the parents agree to contribute *more than* the statute requires, and the second child believes she, too, may be entitled to additional college expenses from her parents. This issue comes up in an [article](https://www.marketwatch.com/story/how-can-i-be-treat-my-daughters-equally-with-financial-gifts-when-one-college-education-cost-so-much-more-2018-02-01) in *MarketWatch*, and it underscores that parents’ contributions to one child’s college expenses do not necessarily require the parents to contribute equally to the second child’s college expenses.

When there is more than one child, the court can order the parents to cover tuition, fees, and other costs listed in the statute according to an amount in line with those costs at the of Illinois at Urbana-Champaign for both (or all children). In other words, the court can order colleges expenses for more than one child, but it cannot typically require parents to provide the same amount to a second child as they did for the first child when the costs exceed those of in-state tuition.

**Seek Advice from a Chicago College Expenses Lawyer**

Are you in the process of getting divorced and have questions about college expenses? A dedicated college expenses lawyer in Chicago can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide.

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**Categories:** College Expenses

---

### [Are Fewer Women Filing for Divorce for Financial Reasons?](https://familylawadvocate.com/are-fewer-women-filing-for-divorce-for-financial-reasons/)

**Published:** March 26, 2018
**Author:** familylawadvocate

**Content:**

**Are Fewer Women Filing for Divorce for Financial Reasons?**

By: M. Scott Gordon

Is the gender pay gap having an effect on the rate at which women disproportionately [file for divorce](https://familylawadvocate.com/divorce/) from men? Do women in the Chicago area still really earn less than men for the same (or similar) work, and is that having an effect on their ability to imagine themselves shifting into a single financial lifestyle? A [recent article](http://www.dailymail.co.uk/news/article-5356019/Fewer-women-seek-divorce-fear-losing-cash.html) in the *Daily Mail* actually gets at a completely opposite reason that fewer women are [filing for divorce](https://familylawadvocate.com/divorce/). It suggests that fewer women are considering divorce “as they fear losing their own cash in the wake of a divorce from a less well-off husband.” In other words, women are gradually becoming the primary earners in their households, and they have concerns that divorce could have a harmful impact on their financial profiles.

**Professional Women Are Reluctant to File for Divorce, Study Says**

According to the article, “fast-rising numbers of successful professional and business women are increasingly reluctant to hand over any of their earnings or assets” due to divorcing a husband who has been less financially successful. Does this represent a shift in the way we think about the links among women, divorce, and finances? The study indicates that “the growing success of women in careers” has indeed led to a change. To be sure, more professional women are making spousal maintenance payments in the U.S. and the U.K., which represents a reverse from the trend of the early 2000s and in the decades prior. During those previous decades, it was typically women who were awarded spousal maintenance after working lower-paying jobs than their husbands or after spending a number of years as stay-at-home mothers.

Reluctant to engage with the model of spousal maintenance, the study suggests, many women have considered filing for divorce ultimately have been “more willing to try to overcome issues within their marriages rather than filing to end them.” But is this really an accurate representation of women everywhere? Have women throughout the U.S. and the U.K., and in the Chicago area more specifically, actually been able to overcome the gender pay gap and to become breadwinners in their families?

**Many Women Still Have Difficulty Recovering Financially from Divorce**

While the study we discussed above may be accurate for women in certain professions and in specific socioeconomic groups, it seems unlikely that it is true for all women. To be sure, an [article](https://www.theatlantic.com/business/archive/2016/04/the-divorce-gap/480333/) in *The Atlantic* reported relatively recently about women who have been financially devastated by divorce.

For instance, many women still decide to leave their jobs in order to stay at home and raise children, putting them in a precarious position financially in the event of divorce. And others, still, who have maintained their jobs throughout the marriage find that they nonetheless earn significantly less than their husbands and struggle immensely after a divorce is finalized.

**Reach Out to a Chicago Divorce Lawyer**

If you have questions or concerns about the financial aspects of divorce, a Chicago area divorce lawyer can speak with you today. Our firm has years of experience assisting clients with divorces, and one of our advocates can answer your questions. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can help with your case.

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### [Financial Issues Involved in Divorcing a Narcissist](https://familylawadvocate.com/financial-issues-involved-in-divorcing-a-narcissist/)

**Published:** April 11, 2018
**Author:** familylawadvocate

**Content:**

**Financial Issues Involved in Divorcing a Narcissist**

By: M. Scott Gordon

[Filing for divorce](https://familylawadvocate.com/divorce/) when you are married to a narcissist can present a wide variety of problems. As an [article](https://www.forbes.com/sites/jefflanders/2012/12/11/financial-strategies-for-divorcing-a-narcissist/#7d368ccb2d68) in *Forbes* highlights, while the term “narcissist” often is used colloquially to describe a person who is selfish, arrogant, or self-centered, narcissism is actually a psychological disorder that comes with recognizable signs and behavior patterns. For example, many narcissists enter into marriages at a point in which the other spouse sees the narcissist as a charismatic and powerful individual. However, being married to a narcissist can be extremely difficult on many levels, and divorcing a narcissist can pose numerous issues.

While there are many emotional and psychological issues to consider when divorcing a narcissist, there are also financial matters that you should not forget about. We want to spend some time discussing the process of divorcing a narcissist and, in particular, the financial problems that individuals often face when filing for [divorce](https://familylawadvocate.com/divorce/) from someone with narcissistic personality disorder.

**Recognizing Narcissism in a Partner Before Your Divorce**

If you are thinking about filing for divorce in the Chicago area, it is important to be prepared if you could be divorcing someone with narcissistic personality disorder. The [Mayo Clinic](https://www.mayoclinic.org/diseases-conditions/narcissistic-personality-disorder/symptoms-causes/syc-20366662) explains that this disorder is one of several different kinds of personality disorders “in which people have an inflated sense of their own importance, a deep need for excessive attention and admiration, troubled relationships, and a lack of empathy for others.” The Mayo Clinic cites the following as signs and symptoms of narcissistic personality disorder:

- Exaggerated sense of self-importance;
- Sense of entitlement;
- Need for constant and/or excessive admiration;
- Expectation or being recognized as better than others without doing anything to warrant such recognition;
- Exaggerated sense of achievements and talents;
- Being preoccupied with fantasies about success, power, brilliance, or beauty;
- Monopolizing conversation;
- Belittling or looking down on others;
- Expecting favors from others and taking advantage of others;
- Being unable or unwilling to recognize the needs and feelings of other people;
- Being envious of other people;
- Behaving in an arrogant manner; and/or
- Insisting on having the best of everything (such as a car or a job).

**Financial Complications When Divorcing a Narcissist**

In addition to the above traits, the Mayo Clinic also emphasizes that narcissists have significant difficult handling criticism and often react with rage, anger, or contempt when they are not treated in a manner in which they believe they should be treated. Given these facts, the *Forbes* article highlights how the following often are financial issues involved in divorcing a narcissist:

- Refusing to provide financial information, including necessary financial documents for the purposes of property division;
- Refusing to negotiate;
- Refusing to abide by court orders; and
- Using children as negotiating tools for property settlement purposes.

In other words, since narcissists often are extremely competitive and believe they are entitled to certain things, they may be completely unwilling to be reasonable with regard to any financial issues in a Chicago divorce.

**Seek Advice from a Divorce Attorney in the Chicago area**

Filing for divorce from a narcissist can be extremely difficult, but a [divorce attorney in Chicago](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [Why Do Some Couples Choose Mediation in a Chicago Divorce?](https://familylawadvocate.com/why-do-some-couples-choose-mediation-in-a-chicago-divorce/)

**Published:** April 16, 2018
**Author:** familylawadvocate

**Content:**

**Why Do Some Couples Choose Mediation in a Chicago Divorce?**

By: M. Scott Gordon

If you are planning to get divorced in the Chicago area, there are many reasons you might want to go through [mediation](https://familylawadvocate.com/family-law/mediation/). According to an [article](https://www.huffingtonpost.com/j-richard-kulerski/what-most-people-dont-kno_b_1220249.html) in the *Huffington Post*, while there are numerous benefits to mediation in a divorce case, not a lot of couples realize that it is an option for them or they do not understand what it entails. Indeed, “despite divorce mediation’s well-deserved reputation as a sensible alternative to fighting it out in court, we find that few people know very much about it.”

Whether you already think you know some things about [divorce mediation](https://familylawadvocate.com/family-law/mediation/), or if you have heard it could be a beneficial option for you but you do not know why, we want to provide you with some more information. The following are some of the most common reasons that couples choose to go through divorce mediation.

1. **Mediation Can Save Time and Money

Going through mediation is often much quicker and less expensive than going through a divorce in which the court must make certain decisions, such as those concerning property distribution and the allocation of parental responsibilities. By choosing mediation, you will be able to work toward an agreeable solution that you can take to the judge, and you can avoid significant time in court.

2. **Mediation Can Lessen Hostility Between the Parties**

When you go through mediation, it is important to understand that this is a form of alternative dispute resolution that occurs outside the bounds of the courtroom. As such, there is no judicial process in which a party like a judge makes a decision for the divorcing spouses. Instead, mediation sessions are run by a trained mediator who is a neutral third party. Given that the mediator is not required to hear cases and make a decision, the mediator can help the parties to listen to one another and to come to a conclusion or agreement that is favorable to both parties.

Due to the way in which mediation works, spouses are able to play a big role in the outcome of a property settlement or child custody matter. Given the structure of mediation, hostilities between the parties often decrease or cease altogether since they are able to feel that they have played an active role in the final settlement. When parties feel as though their voices have been heard and have mattered, hostilities can lessen.

3. **Mediation is Confidential**

Many parties choose mediation because it is confidential. There are many issues in a marriage that one or both spouses might want to keep private during the negotiation process and throughout the divorce. By choosing mediation and working toward a solution with a neutral third-party mediator, the parties can reach a settlement without having to make certain information public.

**Seek Advice from a Chicago Mediation Lawyer**

If you are thinking about divorce and have questions about how mediation might benefit you and your spouse, an experienced [Chicago mediation attorney](https://familylawadvocate.com/contact-us/) can speak with you today. At Gordon & Perlut, LLC, we help clients with a wide variety of divorce and family law issues, and we can explore your options with you. [Contact us](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Mediation

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### [How Infidelity Plays a Role in Divorce](https://familylawadvocate.com/how-infidelity-plays-a-role-in-divorce/)

**Published:** April 24, 2018
**Author:** familylawadvocate

**Content:**

**How Infidelity Plays a Role in Divorce**

**By: M. Scott Gordon**

There are many different reasons that marriages do not work out, from financial difficulties in the marriage to communication problems between the spouses. One of the primary reasons that couples in the Chicago area get [divorced](https://familylawadvocate.com/divorce/) is infidelity. While infidelity frequently leads to the dissolution of marriage, it is important to understand that other factors lead to cheating in a marriage. In other words, infidelity does not simply happen. Instead, there are a wide variety of factors that can lead one or both spouses to engage in an extramarital affair.

According to a [recent study](https://www.sciencedaily.com/releases/2018/02/180212190946.htm) published in the *Journal of Personality and Social Psychology*, learning more about the predictive factors for infidelity can give us insight into one of the most common reasons for [divorce](https://familylawadvocate.com/divorce/) and thereby may be able to help couples prevent infidelity in both the short and long term.

**Study Seeks to Identify Factors that Lead to Infidelity in Order to Prevent It**

The recent study was conducted by researchers in the psychology department at Florida State University (FSU). Through the study, the psychologists sought to “reveal factors that lead to infidelity, as well as prevent it.” While numerous other studies have addressed infidelity in one form or another, this study is the first of its kind to “find evidence of psychological responses that help a person to avoid infidelity—one of the surest ways to cause a breakup—and stay in a long-term relationship.”

How did the study work? The team of FSU researchers looked at 233 recently married couples for a period of up to 3.5 years. During that time, they “documented intimate details about their relationships, including marital satisfaction, long-term commitment, whether they had engaged in infidelity, and if they were still together.”

The authors of the study then assessed the subjects through two different psychological processes: “Attentional Disengagement and Evaluative Devaluation of potential romantic partners.” What are these processes? Attentional disengagement refers to the ability of a partner to direct his or her attention away from someone else who that partner finds attractive and who otherwise could be a romantic option but for the marriage. Evaluative devaluation refers to a partner’s tendency to “downgrade the attractiveness of another person, even if he or she is especially good looking.” Everyone engages in these processes to some extent, according to the researchers. What did they find through the study?

**Factors That Can Lead to Infidelity in Chicago area Marriages**

To properly assess the subjects’ attentional disengagement and evaluative devaluation, the researchers showed pictures to each of the subjects of “highly attractive men and women, as well as average-looking men and women.” The psychologists found that participants in the study who showed high levels of attentional disengagement were less likely to cheat on their spouses. The important factor here was the amount of time in which the participant looked away from the photo: “individuals who looked away in as little as a few hundred milliseconds faster than average were nearly 50 percent less likely to have sex outside marriage.” Likewise, those subjects who took a longer period of time were more likely to cheat.

In addition, the participants’ tendency to devalue the attractiveness of other people were also less likely to engage in infidelity. Since many people are not aware that they engage in these processes to differing degrees, the authors of the study suggest that recognizing these tendencies could help someone to avoid infidelity in the future.

**Contact a Chicago Divorce Lawyer**

Do you have questions about filing for divorce after infidelity? A [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Divorce

---

### [Unemployment and Child Support](https://familylawadvocate.com/unemployment-and-child-support/)

**Published:** May 9, 2018
**Author:** familylawadvocate

**Content:**

**Unemployment and Child Support**

By: M. Scott Gordon

As you may know, Illinois recently shifted to an [“income shares” model for child support](https://familylawadvocate.com/divorce/child-support/). This means that both parents in the Chicago area, regardless of whether one has more parenting time than the other, will contribute to the total [child support obligation](https://familylawadvocate.com/divorce/child-support/). Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm) (IMDMA), the total support obligation is calculated by combining both parents’ incomes and referencing that amount on the guidelines table. This does not mean that both parents contribute the same amount toward that total obligation, however. The court determines each parent’s percentage of support based on parenting time and other factors.

While the “income shares” model is designed to provide the child with the kind of financial support she or he would have received if the parents were still together, it can become complicated when one of the parents is unemployed or underemployed or, worse, when one of the parents becomes disabled or incarcerated. How does the “income shares” child support model work when one parent does not have a substantial income to contribute to the obligation?

**Unemployment, Underemployment, and the Child Support Obligation**

What if one of the parents is unemployed or underemployed (the latter referring to a situation in which a parent could be working more hours or earning more money but is not)? The way the court handles this situation depends in part upon the reason for the parent’s unemployment or underemployment. If the parent is unemployed or underemployed *by choice*, then the IMDMA says that support for the child can be calculated based on a determination of potential earnings. How does the court determine a parent’s potential income? It looks at the following for the parent who is voluntarily unemployed or underemployed:

- Work history;
- Occupational qualifications;
- Prevailing job opportunities;
- Ownership of non-income producing asset; and
- Earning levels in the area.

When there is not enough information about the parent’s work history to make these other determinations, then the statute says that the parent’s potential income is 75 percent of the most recent federal poverty guidelines for an individual. For 2018, that number is $12,140. This method for determining the parent’s ability to pay child support when unemployment or underemployment is voluntary is designed to prevent a parent from quitting his or her job simply to avoid paying child support.

**Minimum Child Support Contributions and the Inability to Work**

Generally speaking, there is a minimum child support obligation of $40 per month per child under the IMDA. However, this minimum child support obligation does not apply when parents are unable to work and to earn money with which to contribute to a child support obligation. Indeed, if unemployment is *not* voluntary, then the court can issue what is called a “zero dollar child support order.”

**Learn More from a Chicago Child Support Lawyer**

If you have questions about child support obligations for unemployed or underemployed parties, an experienced [Chicago child support lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Child Support Chicago

---

### [What You Should Know About Changes to Spousal Maintenance in Illinois](https://familylawadvocate.com/what-you-should-know-about-changes-to-spousal-maintenance-in-illinois/)

**Published:** May 17, 2018
**Author:** familylawadvocate

**Content:**

**What You Should Know About Changes to Spousal Maintenance in Illinois**

By: M. Scott Gordon

If you have been thinking about filing for divorce in Chicago, you might know that Illinois law under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm) (IMDMA) stipulates guidelines for determining the amount and duration of [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) awards in certain cases. Now, however, with the passage of [Public Act 100-0520](http://www.ilga.gov/legislation/publicacts/100/PDF/100-0520.pdf), changes to [spousal maintenance law](https://familylawadvocate.com/divorce/spousal-maintenance/) will take effect on June 1, 2018. We will summarize the significant changes for you, and then we will give you some more information about how they may be applicable to your situation.

**Guidelines for Chicago Spousal Maintenance**

Prior to the new guidelines taking effect, courts still had spousal maintenance guidelines to use. Even these guidelines—without the revisions that will take effect on June 1, 2018—are relatively new. Up until a short time ago, there were no statutory guidelines in Illinois for determining spousal maintenance awards or their duration. When guidelines were implemented, they applied to couples with a gross income of under $250,000. In other words, the guidelines would only be applicable if a couple together earned less than $250,000 each year. The formula for determining the duration also had some inconsistencies that needed to be addressed, along with questions of how temporary spousal maintenance would affect the duration of the award.

The following are the three key changes to the law that anyone in Chicago considering divorce should learn more about:

1\. Starting in June 1, 2018, the guidelines will apply to a couple with a combined gross income of under $500,000. The change to the law doubles the amount, recognizing that there was a need to streamline the spousal maintenance law in order to make it align with the income shares model for child support. This change to the law also allows higher earning couples to have the benefit of courts using the guidelines, which help to ensure an objective spousal maintenance award.

2\. There will no longer be 20 percent shifts in the duration of the maintenance awards. As a [report](https://www.isba.org/legislation/publicact100-520) from the Illinois State Bar Association (ISBA) clarifies, the new law “eliminates the 20 percent ‘cliffs’ in the formula for duration of the marriage by gradually increasing the duration of maintenance . . . by 4 percent until the parties’ 20th anniversary.” Previously, for marriages lasting under five years, the court determined the duration of the award by multiplying the length of the marriage by .20, and then when the couple had been married for 5 years, the calculation jumped to multiplying by .40. The change to the statute revises this “20 percent cliff,” as the report describes it.

3\. Temporary maintenance awards will count as credit toward the duration of the maintenance award as of June 1, 2018.

**Calculating Spousal Maintenance Amount and Duration**

On June 1, 2018, the changes to the law discussed above will take effect. How will those calculations change from the current ones? As we mentioned, if a couple earns less than $500,000 combined, the formula in the guidelines will be applicable. To calculate the amount, the court takes 30 percent of the payor’s gross annual income and subtracts 20 percent of the payee’s gross annual income.

How about the duration? If the marriages last for fewer than five years, the length of the marriage is multiplied by .20 to get the duration of the award. For marriages longer than five years but shorter than six years, the length is multiplied by .28, and the formula continues to increase by .04 for each additional year of marriage.

**Contact a Chicago Spousal Maintenance Lawyer**

If you have questions about how the changes to the law will impact you, a [Chicago spousal maintenance lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Divorce Complications When You Have a Business with Your Spouse](https://familylawadvocate.com/divorce-complications-when-you-have-a-business-with-your-spouse/)

**Published:** May 23, 2018
**Author:** familylawadvocate

**Content:**

**Divorce Complications When You Have a Business with Your Spouse**

By: M. Scott Gordon

[Getting divorced in Chicago](https://familylawadvocate.com/divorce/) is never easy, even when you already live a life that is relatively separate from your spouse’s life. For instance, some married couples in the Chicago area may work in completely different fields and have opposite schedules, which can mean that they already feel separated from one another in some sense, even if they are still married and living in the same home. Then there are situations where just the opposite is true: married couples that have gone into business together and spend most of each day working together, followed by time at home together. In these cases, divorce can be extremely contentious, especially when it comes to dividing the business.

What do you need to know about [divorce](https://familylawadvocate.com/divorce/) complications when you have a business with your spouse? An [article](https://www.forbes.com/sites/lawrencelight/2016/03/07/when-2-business-owners-divorce-what-to-do/#67d8ae15343b) in *Forbes* gives tips for handling divorce in a family business.

**Consider Your Options for Remaining in Business Together or Keeping the Business Open**

When you own a business with your spouse, you will need to come to a conclusion about whether to remain in business together, to find a solution in which one of the spouses leaves the business, or to close the doors of the business altogether. If this small business is your livelihood and source of income (as well as the source of income for your spouse), closing the business may be an extremely difficult choice to consider. At the same time, if you do not have a good working relationship with your soon-to-be ex-spouse, you will need to consider options that do not involve maintaining your business relationship.

Some spouses, even after a divorce, are able to continue working together. The spouses can retain their own interests in the business, and neither is forced to sell. In addition, if the spouses are going to keep the business running just as they did prior to the marriage, they may not need to work with valuation experts to value the business for purposes of property division under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm) (IMDMA).

If the parties cannot work together, however, then there are typically two options:

- Decide to sell the business. The court will value the business and will consider it alongside other marital assets.
- Buy out your spouse. It may be possible to keep the business open by buying out your spouse’s interest in the business.

As you can imagine, both buying out your spouse or selling the business altogether can be extremely complicated, but a divorce lawyer can help.

**When Separate Assets Are Commingled with Business Assets**

If the basic issues surrounding divorce and your business were not complicated enough, it is important to recognize that these issues typically become even more complex when one or both of the spouses has commingled separate assets with business assets. Often, one or both spouses will use money or assets acquired before the marriage to help get the business running or to keep the business afloat in a difficult stretch.

Commingling can make it extremely difficult to differentiate between marital and non-marital property. You should work with a divorce attorney to learn more about tracing separate property once it has been commingled.

**Contact a Divorce Lawyer in Chicago**

If you have questions or concerns about divorce and your family business, a [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [Household Chores Could Lead to Divorce for Working Spouses](https://familylawadvocate.com/household-chores-could-lead-to-divorce-for-working-spouses/)

**Published:** June 6, 2018
**Author:** familylawadvocate

**Content:**

**Household Chores Could Lead to Divorce for Working Spouses**

By: M. Scott Gordon

Can disputes over household chores lead to [divorce](https://familylawadvocate.com/divorce/)? If both parties in a marriage have full-time jobs that require them to be outside the home on a regular basis, coming home from work and having to attend to household chores can lead to substantial relationship dissatisfaction, according to a [recent study](http://www.hbs.edu/faculty/Publication%20Files/18-072_08233f9b-dd54-48a8-bcf0-0e3b501db1e0.pdf) conducted by researchers at Harvard Business School.

Indeed, as the study explains, disagreements over household responsibilities are one of the main reasons that couples separate. We often think of financial problems and infidelity as the underlying reasons that many people decide to [file for divorce in Chicago](https://familylawadvocate.com/divorce/) and across the country. However, as the study suggests, the personal unhappiness that comes with returning home from work only to do more household work could in fact be a major underlying cause for many divorce petitions.

If household work is such a problem, what can couples do to save their marriages?

**Finding Ways to Avoid the Second Shift at Home**

Whether it is a same-sex couple or a heterosexual couple, both women and men may get frustrated working a ‘second shift’ at home, the authors of the study report. In other words, getting off work and having to do a second shift of housework can be extremely demoralizing after a long day at the office, and it leads to a lot of personal dissatisfaction. What should married couples do to prevent this second shift at home? For a relatively small amount of money, married couples who have disputes over household chores may be able to hire a housecleaner to do some of the dirty work.

Not only does paying for a housecleaner once per week, for example, lessen the household chores required of a married couple, but it also gives them more free time at home (or time for other more enjoyable activities) as well as more quality time with one another. Looking at seven different studies involving cohabitating adults, the researchers concluded that “time-saving purchases promote relationship satisfaction.”

**Why Does Buying Time Make People Happier in Marriages?**

We mentioned that household chores are now being cited as one of the more common reasons that couples decide to file for divorce. In one study, for instance, about 25 percent of recently divorced people said that disagreements over housework represented the primary reason for the dissolution of the marriage. However, buying time—such as by paying for a housecleaner—may not prevent divorce in all couples.

The research suggests that paying for free time only make people happier in certain circumstances. More specifically, paying for someone to take care of the household chores is only likely to improve a couple’s relationship if the majority of their stressors are controllable. For example, if the household chores are the major stressor in the marriage—these are a controllable stressor, since there is a straightforward solution for married couples with the means to buy time that would be used cleaning the house—then buying time is likely to make people happier in their marriages, However, if the stressors are not controllable, then paying someone else to do the chores is less likely to prevent divorce.

**Reach Out to a Chicago Divorce Lawyer**

An experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can answer any questions you have about filing for divorce in Illinois. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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---

### [When Do Courts Apply Parenting Time Restrictions?](https://familylawadvocate.com/when-do-courts-apply-parenting-time-restrictions/)

**Published:** June 12, 2018
**Author:** familylawadvocate

**Content:**

**When Do Courts Apply Parenting Time Restrictions?**

By: M. Scott Gordon

[Divorce](https://familylawadvocate.com/divorce/) can be messy, especially when there are children from the marriage. Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA), courts generally presume that parents will share in raising their children and making decisions about their child’s well-being and upbringing more generally. You may know that Illinois recently changed the way it handles child custody and visitation, which we now call parental responsibilities and [parenting time](https://familylawadvocate.com/divorce/visitation/). Parenting time refers to the amount of time a parent physically spends with the child, which involves the parent exercising basic caretaking functions for the child. When divorces are contentious, and parents are extremely angry at one another, they may want to prevent the other parent from seeing the child.

Under Illinois law, can you prevent the other parent from spending time with the child? Generally speaking, courts in the Chicago area will only restrict parenting time—especially to the point that the other parent does not see the child at all—in very limited circumstances where the child’s health or safety might be at risk. Let us tell you more about parenting time restrictions in Chicagoland.

**Presumption That Both Parents Will Have Parenting Time**

Under the IMDMA (750 ILCS 5/602.7), when the court allocates parenting time, it begins from the presumption that both parents will have some amount of parenting time unless there is a really good reason not to allocate parenting time to both people. Specifically, the statute declares that both parents are presumed to be fit, and that the court will not restrict any parenting time unless it determines by a preponderance of the evidence that a parent’s award of parenting time would seriously endanger the child.

The “preponderance of the evidence” standard essentially means that the weight of the evidence needs to show that one of the parents would put the child’s health or safety at risk in order for the court to restrict parenting time. As such, just because the parents cannot get along with one another and are going through an especially contentious divorce does not mean that the court will consider a restriction on parenting time.

**Reasons the Court Might Restrict Parenting Time**

Generally speaking, courts are going to assume that it is in the child’s best interest to spend time with both parents, even if both of those parents are not involved in making most of the significant decisions about the child’s upbringing. We mentioned above that the court will only restrict parenting time in limited circumstances. What are some examples of the type of evidence that could lead a court to decide it is in the best interests of the child to restrict parenting time?

Examples might include some of the following:

- Parent has a history of perpetrating domestic violence or family violence;
- Parent has been convicted of a violent crime;
- Parent has a substance abuse problem; and/or
- Parent has significant mental health issues that could make it impossible for that parent to provide caretaking functions for the child.

**Contact a Chicago Parenting Time Lawyer**

If you have questions about parenting time or need help with a parenting plan, an experienced [Chicago parenting time lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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---

### [Complex Asset Division: What Types of Marital Property Are Difficult to Divide?](https://familylawadvocate.com/complex-asset-division-what-types-of-marital-property-are-difficult-to-divide/)

**Published:** June 20, 2018
**Author:** familylawadvocate

**Content:**

**Complex Asset Division: What Types of Marital Property Are Difficult to Divide?**

By: M. Scott Gordon

When you are going through a divorce in the Chicago area, one of the more difficult aspects is usually [property division](https://familylawadvocate.com/divorce/property-division/). Under Illinois law ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59)), unless a couple can reach an agreement about a property settlement, marital assets are divided according to a theory known as equitable distribution. What that means is that the court will divide marital assets based on what is fair or equitable to both of the parties in the marriage. In some divorces, the division of marital assets is relatively straightforward. For example, sometimes a married couple has a clear-cut prenuptial agreement that outlines certain steps during property distribution. Or, for instance, sometimes two people have only been married for a very short amount of time and own little property that is classified as “marital” property and thus subject to division. Moreover, couples simply may not have a lot of property regardless of the amount of time they have been married, and as such there are no seriously complicated valuations required.

However, for many couples who have been married for a long time or are dealing with a high net worth divorce, [asset division](https://familylawadvocate.com/divorce/property-division/) can be extremely complex.

## Marital Property That is Often Difficult to Value and Distribute

What are some of the most common types of marital property that are notoriously difficult to divide? We will give you some information about marital property that can be complicated to value and distribute:

- Art and collectibles: paintings, sculptures, rare books, and other collectibles that are assets of the marriage can be extremely difficult to properly value and distribute because their market values are not objective ones unless sold. Since market values can fluctuate drastically over time, the original purchase price typically is not suggestive of what the item is currently worth. Typically, couples who own art or other collectible items together will both hire an appraiser, and the appraiser will suggest a fair market value.
- Motor vehicles: whether you own multiple motor vehicles or a variety of vehicles such as classic cars and boats, motor vehicles can also require the help of an experienced appraiser. Sometimes each spouse will hire his or her own appraiser in order to work out a fair market value for these items.
- Small businesses and business interests: married couples sometimes go into business together, and sometimes one or both of the spouses becomes a partner or silent partner in another business. Dividing marital assets that are also business assets can be extremely complicated. Sometimes one of the spouses will have to buy out the other spouse in order to keep a business running, and businesses can also be complicated to properly value.
- Investment accounts: many couples in high net worth divorces have investment accounts, stocks, and other intangible assets that can be complicated to divide, often due to tax issues. An experienced Chicago divorce lawyer can help with the process.
- Commingled property: when spouses mix marital and nonmarital property together, it can be challenging and sometimes impossible to trace out the nonmarital asset (that should not be subject to division).

## Seek Advice from a Chicago area Asset Division Lawyer

If you need advice with complex property division in your divorce, an experienced [Chicago ](https://familylawadvocate.com/contact-us/)asset division attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to families in the Chicago area.

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### [Divorce and Gender Inequality in Finances](https://familylawadvocate.com/divorce-and-gender-inequality-in-finances/)

**Published:** June 25, 2018
**Author:** familylawadvocate

**Content:**

**Divorce and Gender Inequality in Finances**

By: M. Scott Gordon

Rates of “[gray divorce](https://familylawadvocate.com/divorce/)” continue to rise in the U.S., according to a [recent article](https://www.bloomberg.com/news/articles/2018-04-13/rise-of-gray-divorce-forces-financial-reckoning-after-50) in Bloomberg. Gray divorce is a term that refers to married couples who are aged 50 or older and are deciding to [file for divorce](https://familylawadvocate.com/divorce/) later in life. For many older couples, divorce did not seem like a possibility earlier on in the marriage despite varying degrees of unhappiness. Now, for many of those older adults who are filing petitions for the dissolution of marriage, the process of divorce is liberating.

However, as the Bloomberg article suggests, many gray divorces occur among heterosexual couples in which wives played very little to no role in handling the financial aspects of the marriage. As such, when it comes time for the divorce to be finalized, many women need to handle the large financial decisions they had let their spouses manage when they were together. In other words, older women need to begin learning their way around financial matters that their husbands attended to during the marriage. Yet it is not only older women who are at risk of having financial difficulty in the event of divorce. According to the article, gender inequality in financial decision-making spans multiple generations.

**Gender Inequality Still Plays a Role in Marital Finances**

Is it true that most older women who make up the “gray divorce” statistics did not play a major role in handling family finances? This “gender gap in decision-making,” according to the article, actually remains a major issue in current marriages, thereby emphasizing just how significant that gender gap was in marriages from the 1960s through 1980s. To be sure, a large number of married women still leave major financial planning decisions in the hands of their spouse.

That information comes out of a report from UBS Global Wealth Management, which suggests that older women are not the only ones who are in the more traditional gender roles. Indeed, more than 60 percent of women who are married and identify as millennials—those born between the years 1981 and 1996, according to the [Pew Research Center](http://www.pewresearch.org/fact-tank/2018/03/01/defining-generations-where-millennials-end-and-post-millennials-begin/)—self-report that they leave financial decision-making tasks to their husbands. That number is even higher than for women in the baby boomer generation, in which only 54 percent of wives report that their husbands make the financial decisions.

**Women Who Get Divorced Regret Not Participating in Financial Decision-making**

Nearly 80 percent of men in the marriages surveyed indicate that they are confident about their ability to make long-term financial decisions and have enough knowledge about finances to do so. That number represents about double the total percentage of women who said the same about themselves.

A majority of women who are currently divorced or widowed indicated that they have regrets about not being involved in financial decision-making processes in their marriages. According to the UBS Global Wealth Management report, many women who are alone wish they had been more involved in finances during their marriage. Almost all of those women recommend that younger married women stay more involved in financial decisions and investment tasks in their marriages in order to break this cycle.

**Talk to a Chicago Divorce Lawyer**

If you are considering divorce and have questions or concerns about finances, a dedicated [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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### [Deciding Parental Responsibilities](https://familylawadvocate.com/deciding-parental-responsibilities/)

**Published:** July 5, 2018
**Author:** familylawadvocate

**Content:**

**Deciding Parental Responsibilities**

**By: M. Scott Gordon**

Few issues are more contentious in a divorce than the allocation of parental responsibilities, formerly known as [child custody](https://familylawadvocate.com/divorce/child-custody/). Although it would be ideal if parents could agree on a parenting plan, the reality is that sometimes agreement is not possible. If not, you need to face the possibility of a custody fight, which means you must be prepared.

Technically, Illinois law no longer recognizes the concepts of “custody” and “visitation” but has instead replaced them with “parental responsibilities” and “parenting time.” Nevertheless, the concept of custody continues to exist: changing legal terms hasn’t changed the reality on the ground. Even if you and your ex-spouse live near each other, a 50/50 time split will often not be possible.

**The Best Interests of Your Child**

Judges decide child custody issues based on your child’s best interests. But what does that mean, exactly? For one thing, it does not mean that Mom always gets the children. Instead, a judge must take a 360-degree view of the current situation based on the [following factors](http://www.ilga.gov/legislation/ilcs/documents/075000050K602.7.htm):

- Your own wishes
- Your child’s wishes
- Each parent’s physical and mental health
- How much caretaking each parent has performed in the prior 24 months
- Any prior agreement about caretaking between you and the other parent
- How well adjusted the child is to school, home, and the community
- How far apart the parents live from each other
- How willing each parent is to encourage the child to maintain a close connection with the other parent
- Any domestic violence
- Whether either parent is a sex offender

After analyzing all of the factors, the judge will determine when you should have the children and for how long.

**Building Your Case**

If you are worried about custody, you should immediately begin finding evidence that child custody with you will be in your child’s best interest. To that end, many of our clients look for the following information:

- Testimony from people who have seen you with your children and can testify as to your bond.
- Testimony from people who have seen the other parent with your children and can testify as to problems in the relationship. For example, someone might have seen the other parent slap your child.
- Proof that you have spent considerable time with your child.
- Evidence that the other parent has not performed significant caretaking for the children.
- Evidence that the other parent has a drug or alcohol problem.

Child custody disputes can get messy. Many of our clients are uncomfortable dredging up negative information about the other parent and presenting it to the court. However, a judge needs all relevant information to make a decision. If you and your lawyer do not present this information, who will?

**Anticipating Criticisms of Your Parenting Skills**

The other parent’s attorney will have no problem combing through your life history to find embarrassing or negative information to use against you. That is simply the nature of a custody fight. To put yourself in the best position to win, you need to anticipate any negative information and how you will mitigate it. For example:

- If you have a drug or alcohol problem in the past, you can show the judge you are addressing it by entering a rehab program.
- If you have a criminal history, you can point to your volunteer work and stable employment as proof that you have been rehabilitated.
- If you have had problems with your children—such as screaming fights in public—you can provide the missing context for the disagreements.
- If you haven’t been around your children much because of work or other commitments, you can gather proof to show the judge that you have tried to maintain as much contact as possible, such as by making regular phone calls.

By countering this negative information, you take a good deal of “sting” out of it. But it takes time to find evidence, so mention any negative information to your lawyer so you can begin countering it right away.

**Are You Worried about a Custody Fight? Contact a Chicago Divorce Lawyer Today**

Disputes around custody have not changed simply because Illinois replaced “custody” with “parental responsibilities.” If you are worried about who your children will live with, you should seek out legal help right away. The [Chicago divorce lawyers](https://familylawadvocate.com/) at Gordon & Perlut, LLC are happy to meet with you. Please contact us for a free consultation.

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**Categories:** Child Custody

---

### [Grandparents and Visitation: What to do if You are Denied Visits](https://familylawadvocate.com/grandparents-and-visitation-what-to-do-if-you-are-denied-visits/)

**Published:** July 18, 2018
**Author:** familylawadvocate

**Content:**

**Grandparents and Visitation: What to do if You are Denied Visits**

**By: M. Scott Gordon**

Obtaining a [visitation order](https://familylawadvocate.com/divorce/grandparent-visitation/) is a sometimes an uphill climb for grandparents. Although [Illinois law](http://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm) explicitly allows grandparents to seek visitation, they must show that a denial of visitation will cause undue mental, emotional, or physical harm to their grandchildren.

But what happens if you successfully obtain an order of visitation—only for your grandchild’s parents to not let you see them? If you find yourself in this unfortunate situation, follow these tips.

**Document the Denial of Visitation**

If you go into court to tell a judge you are being denied visitation, the judge will want proof. Certainly, you can rely on your own sworn testimony. However, you can bolster your case by having a witness confirm that visitation did not take place. Have a friend or family member go with you to the visitation drop-off location.

You can also quickly report the denial of visitation to the police. This will at least generate a police report, which helps support your case somewhat.

Finally, remember to carefully document the dates of missed visitation. You should be able to tell a judge precisely what days were missed. Your case will be much stronger if there is a pattern of denials.

**Preserve Communications with the Parents**

Parents rarely come right out and admit they are violating a visitation order. Instead, they might have a litany of excuses, such as:

- Your grandchild is sick
- The parent was sick and could not transport your grandchild
- Your grandchild has an appointment that could not be rescheduled
- Your grandchild did not want to see you
- Another unforeseen emergency or crisis erupted

Hold onto all emails and voice mail messages, which will come in handy. Many parents like to switch up their stories when appearing in front of a judge, and you want documented proof of the reason given for why visitation was cancelled.

**Consider Seeking Contempt**

Willfully disobeying a judge’s orders qualifies as contempt of court. If the judge finds that the parents have willfully denied visitation, then the judge can fine the parents, send them to prison, or issue some other order.

A contempt proceeding is not appropriate in all situations. However, it is a helpful tool for making resistant parents abide by a court ordered visitation schedule. If you would like to discuss your options, meet with a Chicago family lawyer and bring all your evidence that shows the frequency of missed visitation.

**Modify the Visitation Order**

Another option is to change the visitation order, especially if the current schedule does not work for everyone. Sometimes parents have legitimate reasons why they could not accommodate visitation. You should also modify if you find that you cannot follow the visitation schedule. If possible, you might ask the judge to change visitation so that a new schedule can work for everyone involved.

**Denied Visitation? Speak to a Chicago Family Law Attorney Today**

Loving grandparents deserve to preserve their bonds with their grandchildren. If you are being denied visitation, please reach out to a Chicago family law attorney to discuss the situation. Gordon & Perlut, LLC offers potential clients a free consultation, which you should schedule today by calling 312-360-0250.

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**Categories:** Visitation

---

### [Can Divorce Affect Your Physical Health?](https://familylawadvocate.com/can-divorce-affect-your-physical-health/)

**Published:** August 7, 2018
**Author:** familylawadvocate

**Content:**

**Can Divorce Affect Your Physical Health?**

**By: M. Scott Gordon**

Getting divorced often affects the emotional or psychological health of the parties involved, from the spouses who are filing for divorce to children from the marriage. But can [divorce in Chicago](https://familylawadvocate.com/divorce/) also have an impact on your physical health? According to a [recent study](https://www.marketwatch.com/story/why-divorce-is-bad-for-your-health-like-really-bad-2018-05-31) reported in MarketWatch, there are a number of reasons that divorce can in fact harm your physical health. The study was published in the peer-reviewed journal Annals of Behavioral Medicine, and it suggests that divorcees may engage in riskier lifestyle choices after divorce, which can in turn lead to long-term health problems. Understanding these risks in advance may help to prevent divorce from affecting your physical well-being.

**Curbing Harmful Behaviors After Divorce**

According to the recent study, people who divorce have a higher likelihood of smoking and decreased amounts of physical activity. In other words, divorce itself does not result in physical health problems, but some of the emotional or psychological effects of divorce can change the way divorcees live their lives. In many situations, failing to eat healthy food or to exercise after a divorce, or the decision to take up smoking cigarettes to ease stress after a divorce, can have a serious impact on an individual’s physical health.

The study was conducted by researchers at the University of Arizona. They relied on data from about 5,700 adults who were over the age of 50. About 900—or just over 15 percent—of the adults in the study were divorced. The others were all married. As part of the study, the researchers gathered subjective information as well as objective health information. For instance, in gathering subjective information, the researchers examined participants’ responses to questions concerning life satisfaction, rate of regular exercise, and whether they smoke cigarettes.

**Divorce Can Take a Physical Toll on Your Body**

Psychological health can affect physical health, the authors of the study underscored. For study participants who were divorced or separated, the researchers determined that there was a 46 percent increased risk of dying throughout the course of the study than their counterparts who remained married. In particular, more divorced or separated women reported that they were unsatisfied with their lives, and that dissatisfaction frequently resulted in an unhealthy spiral. When a person indicates that she is unsatisfied with her life, that person is less likely to exercise and to eat healthy foods, and thus that person is more likely to suffer serious health problems.

When conducting their research, the authors of the study controlled for such factors as present health, age, and socioeconomic status—all of which could affect the outcome of the study. This research builds upon previous work, such as a 2009 study conducted by researchers at the University of Chicago that showed divorced people were more likely to suffer from chronic health conditions than people who were married.

**Learn More from a Chicago Divorce Lawyer**

Divorce can be difficult, but a Chicago divorce lawyer can help to ensure that you receive a fair settlement and that your divorce goes as smoothly as possible. Contact Gordon & Perlut, LLC to learn more about the services we provide to families in the Chicago area.

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### [How Do Courts Consider Child Expenses and Expenditures When Calculating Child Support Obligations?](https://familylawadvocate.com/how-do-courts-consider-child-expenses-and-expenditures-when-calculating-child-support-obligations/)

**Published:** August 14, 2018
**Author:** familylawadvocate

**Content:**

**How Do Courts Consider Child Expenses and Expenditures When Calculating Child Support Obligations?**

**By: M. Scott Gordon**

Now that the state of Illinois uses the income shares model for child support, both parents have a duty to contribute to the costs of childrearing. Rather than only one parent (typically the non-custodial parent) paying [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support Lawyer Chicago") to the other parent (typically the custodial parent) for child support, the law now recognizes that parents should share in the costs associated with raising their children.

The new income shares model does not assume that both parents earn the same amount of money, however. For example, even if both parents split parenting time 50/50, this does not mean that they necessarily contribute equally to the child support obligation. Instead, the court uses a formula that calculates each parent’s support obligation. Can that calculation consider how much the parents spend on extracurricular expenses, childcare costs, and healthcare expenses? We want to say more about how these expenses and expenditures are taken into account when determining each parent’s child support obligation.

**Learning More About Expenses and Expenditures in Calculating the Child Support Obligation**

Typical expenses or expenditures related to children often include but are not limited to the following:

- School costs;
- Extracurricular expenses, such as sports fees, music lessons, or dance classes;
- Childcare expenses, such as nanny or babysitter fees, or daycare costs;
- Healthcare expenses, such as paying for doctor’s office or dentist’s office visits, hospital bills, or prescription medications; and
- Health insurance expenses.

When parents are getting divorced and know that the court will be calculating their child support obligations, the parents typically fill out an expenditure table. According to an income shares [fact sheet](https://www.illinois.gov/hfs/SiteCollectionDocuments/INCOMESHARESFAQ.pdf) from Illinois.gov, the expenditure table is a “tool that identifies how much parents residing together spend on their children” using information from the Consumer Expenditure Survey and the Bureau of Labor Statistics.

The expenditure table allows each parent to list out expenses related to housing, clothing, food, transportation, entertainment, education and extracurricular activities, miscellaneous expenses related to out-of-pocket healthcare and personal care, and other ordinary costs associated with raising children. The expenditure table does not include childcare expenses, health insurance, or extraordinary medical expenses that are not covered by the child’s health insurance.

**How Do Expenditures Affect a Parent’s Child Support Obligation?**

When one parent provides health insurance for the child, that parent typically will receive a credit in calculating income for support calculations. In addition, work-related childcare expenses can become part of the overall child support obligation, although it is considered a separate expense to be shared to allow both parents to work.

Other expenses are also separate from the child support calculation. For example, school costs or extracurricular expenses are not part of the support obligation, and Court will decide if one or both parents have a duty to contribute to the child’s extracurricular expenses beyond the basic child support obligation.

**Contact a Chicago Child Support Lawyer**

Understanding how certain expenses can affect the child support can be extremely complicated, and it is important to work with a Chicago child support attorney. An advocate at our firm can speak with you today. Contact Gordon & Perlut, LLC for more information.

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**Categories:** Child Support Attorney

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### [Avoiding Mistakes with 401(k) Distribution in a Divorce](https://familylawadvocate.com/avoiding-mistakes-with-401-k-distribution-in-a-divorce/)

**Published:** August 22, 2018
**Author:** familylawadvocate

**Content:**

**Avoiding Mistakes with 401(k) Distribution in a Divorce**

**By: M. Scott Gordon**

Anyone who is planning to get divorced in Chicago and has a 401(k) or another type of retirement account should know that these accounts are considered marital assets (under many circumstances) and are subject to division under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA). Given that the IMDMA requires all marital property to be divided in a manner that is equitable to both parties, [property division](https://familylawadvocate.com/divorce/property-division/) frequently means that 401(k) accounts must be distributed in a divorce. The longer a couple has been married, the more complicated it can be to divide a 401(k) and other retirement accounts.

We want to discuss mistakes to avoid with [401(k) distribution in a Chicago divorce](https://familylawadvocate.com/divorce/property-division/). Mistakes can range from assuming that all of the 401(k) funds will be classified as marital assets, to forgetting about the terms of a premarital agreement, to spending down the 401(k) prior to a divorce without considering the tax consequences.

**1. Do Not Assume That All of the 401(k) Account is a Marital Asset**

If you have been paying into a 401(k) account for many years—including the years prior to your marriage—you should know that the entire 401(k) likely is not marital property. Certainly, a portion of the 401(k) will be considered a marital asset, but a percentage of the account might in fact be separate (or nonmarital) property that is not subject to division. Typically, marital property is anything that a person acquired after the marriage, and non-marital or separate property includes assets acquired before the marriage or through a gift or inheritance given only to one spouse.

Although it may be difficult to determine, a portion of a 401(k) may be classified as non-marital property and can be taken out of the equation when it comes to distributing marital property.

**2. Do Not Forget About Premarital Agreement Terms**

Some spouses enter into premarital agreements concerning asset division in the event of divorce. Premarital agreements in Illinois can contain terms about 401(k) accounts and other retirement assets. If there is a premarital agreement that is enforceable, it is important to know whether it contains terms concerning retirement accounts.

**3. Do Not Assume That Early Withdrawals Are in Your Best Interest**

When couples are thinking about divorce but have not yet filed, one or both of the spouses might think it makes sense to spend down a 401(k) in order to prevent it from being distributed in the divorce. However, spending down the account could cost you much more in the long run when it comes to the federal tax penalty.

If you are under the age of 59 ½ years, you should keep in mind that most withdrawals from a 401(k) account will be subject to a 10 percent federal tax penalty (in additional to regular income tax). There are some situations in which this 10 percent tax penalty can be waived, but it may hurt you more financially to spend down your 401(k) prior to the divorce instead of having the retirement funds distributed.

**Contact a Dedicated Divorce Lawyer in Chicago**

The distribution of marital property can be extremely complicated, especially when high net worth or complex assets are involved. A dedicated [divorce attorney in Chicago](https://familylawadvocate.com/) can assist with your case. Contact Gordon & Perlut, LLC for more information about how we can help with your divorce and the division of marital property.

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### [When Courts “Reserve” College Expenses Until Later](https://familylawadvocate.com/when-courts-reserve-college-expenses-until-later/)

**Published:** September 10, 2018
**Author:** familylawadvocate

**Content:**

**When Courts “Reserve” College Expenses Until Later**

**By: M. Scott Gordon**

When you get divorced in Chicago and have children from your marriage, it is important to know that the court can allocate [college expenses](https://familylawadvocate.com/articles/college-expenses/) in addition to child support. While child support no longer applies when a child becomes a legal adult or graduates from high school (whichever comes later), Illinois law recognizes that parents also have an obligation to help their children with college expenses or educational expenses. Planning for a child’s college education can be difficult even when parents remain married and share household costs. When parents get divorced and need to reassess their own finances, [paying for college](https://familylawadvocate.com/articles/college-expenses/) can become even more complicated.

We want to consider what happens when a court reserves college expenses until later. In other words, what happens when a court does not allocate specific college expenses at the time of the divorce but clarifies that it will allocate those expenses later on? This is most typical in situations where there are young children from the marriage and it does not make sense to allocate college expenses immediately. We will take a closer look at what it means for divorcing parents when courts reserve college expenses.

**What Types of Colleges Expenses Should Parents Plan to Pay?**

To consider the implications of a court reserving college expenses, it is important to have an understanding of what college expenses can include according to the Illinois Marriage and Dissolution of Marriage Act. Under Illinois law ([750 ILCS 5/513](http://www.ilga.gov/legislation/ilcs/documents/075000050k513.htm)), a court can tell divorced parents that they are responsible for helping a child to pay, for instance, for tuition and fees for college, on- or off-campus housing, health insurance, books for classes, and other necessary supplies.

Parents are not required to pay for private school tuition. Instead, the statute clarifies that college expenses should be allocated in line with those associated with attendance at the University of Illinois, Urbana-Champaign. Yet the ultimate amount of college expenses ultimately is up to the court’s discretion. There is no specific amount that is listed in the statute. Instead, each family’s situation is considered on a case-by-case basis.

**What It Means When Courts Reserve College Expenses**

When parents make the decision to get divorced, they should anticipate having to contribute to their children’s college expenses. However, the court does not need to allocate the specific amount at the time of the divorce, especially if the children will not be headed to college for quite some time. In such cases, the court can reserve college expenses until later. In order for both parents to contribute to college expenses it is important to petition the court to allocate those expenses as soon as it becomes practical.

In a case that went to the Illinois Supreme Court, [In re the Marriage of Petersen](http://www.illinoiscourts.gov/Opinions/SupremeCourt/2011/September/110984.pdf) (2011), the Illinois Supreme Court ruled that one spouse cannot petition the court to allocate expenses that have already been paid. Instead, the court can allocate expenses that are to be paid in the future.

**Contact a Chicago College Expenses Lawyer**

If you have a divorce decree that contains a reservation clause or reservation provision, you should speak with an experienced Chicago college expenses attorney as soon as possible to learn more about when to petition the court to allocate college expenses. Contact Gordon & Perlut, LLC for more information.

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**Categories:** College Expenses Attorney

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### [Health Insurance After a Divorce: Who Provides It?](https://familylawadvocate.com/health-insurance-after-a-divorce-who-provides-it/)

**Published:** September 17, 2018
**Author:** familylawadvocate

**Content:**

**Health Insurance After a Divorce: Who Provides It?**

**By: M. Scott Gordon**

After you have filed for [divorce](https://familylawadvocate.com/), you likely have many different questions about your finances and how financial matters will be settled between yourself and your spouse. When you have kids with your spouse, financial questions can become even more pressing. While your first major concern when it comes to finances likely revolves around property division and your marital assets, you may quickly begin thinking about health insurance and how you will pay for it after the divorce. This question is a particularly prominent one for anyone who was on his or her spouse’s health insurance plan during the marriage, as well as for anyone with children who needs to consider which parent will provide the child’s health insurance.

We will tell you more about how divorce affects a spouse’s health insurance, and we will provide you with more information about how health insurance costs work for children.

**Health Insurance for a Divorced Spouse**

Most married couples share a health insurance provider. In most situations, the couple’s insurance is provided through one of the spouse’s employer. In other words, one of the spouses will have an “individual plus one” health insurance plan to cover both parties, or, if there are children from the marriage, one of the spouses will have a family coverage plan. For most individuals, health insurance is not free. Instead, the spouse whose employer provides the insurance will pay a premium each month, and the employer will also contribute.

When there are no children and both parties are covered through an individual plus one plan, can both spouses remain on that health insurance plan after divorce? In most cases, the answer is no. If Spouse A was covered through Spouse B’s plan, then Spouse A will lose health insurance coverage. If Spouse A does not have an option for coverage through his or her employer, it will be important to look into alternate options for getting health insurance. It is important to know that the decision to drop a spouse from a health insurance plan is not the decision of the court or of the other spouse. In most cases, the insurance policy will have language that makes clear an ex-spouse is not eligible for coverage.

At the same time, health insurance coverage typically continues until the divorce is finalized. As such, Spouse A in the hypothetical situation described above would not need to find alternate health insurance until the date of the final divorce decree.

**Who Pays for Your Child’s Health Insurance After a Divorce?**

While an ex-spouse is most likely to be dropped from an insurance policy, children can remain on one parent’s insurance after divorce. But is that parent required to pay for health insurance for the children on his or her own, or does this get factored into [child support](https://familylawadvocate.com/divorce/child-support/) and the new Illinois income shares model?

Health insurance is not included in the expenditure table for calculating child support, but the court nonetheless will take steps to ensure that health insurance for the kids is divided fairly between the parents.

According to a [fact sheet](https://www.illinois.gov/hfs/SiteCollectionDocuments/INCOMESHARESFAQ.pdf) on child support from Illinois.gov, “if either parent currently provides health insurance and/or both parents agree that health insurance should be provided by one of the parents through a policy available to them, the cost of the health insurance will be pro-rated between the parents and the parent carrying the insurance will receive credit from the other parent.”

**Learn More from a Chicago Family Lawyer**

If you have questions about support and health insurance, a [Chicago family law attorney](https://familylawadvocate.com/family-law/) can help. Contact Gordon & Perlut, LLC today for more information.

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### [Student Loan Debt and Chicago Divorce](https://familylawadvocate.com/student-loan-debt-and-chicago-divorce/)

**Published:** September 25, 2018
**Author:** familylawadvocate

**Content:**

**Student Loan Debt and Chicago Divorce**

**By: M. Scott Gordon**

For younger married couples in Chicago—or even for couples who have been married for a number of years—can student loan debt take such a toll on a marriage that it ultimately leads to [divorce](https://familylawadvocate.com/divorce/)? According to a [recent report](https://www.cnbc.com/2018/07/27/1-in-8-divorces-are-caused-by-student-loans.html) from CNBC News, a new study suggests that student loan debt has become one of the leading causes of marital strife, and in some cases actually can lead to a couple’s decision to get divorced. What do you need to know about the connection between student loan debt and divorce?

**More Americans in Student Loan Debt**

The total for outstanding student loan debt in our country recently reached $1.5 trillion, and the average student loan debt load in the U.S. is above $34,000 per person. In addition, the rate of borrowers who now owe more than $50,000 has tripled over the last 10 years, and more consumers are struggling with student debt. As a result of student debt, many couples realize that they cannot buy a home and that it does not make sense to have children. In some situations, such realizations cause significant disruptions in married life.

For other married couples who are not planning to have children anytime soon, student loan debt is still having an impact on their relationships. Similar to other types of debt and the associated economic struggles, husbands and wives who are drowning in student loan debt tend to fight with one another more and to experience, simply put, marital discord more often than couples who do not owe money on student loans.

**Study Says Nearly 13 Percent of Divorces Caused by Student Loan Debt**

Through a recent study conducted by Student Loan Hero, researchers determined that nearly 13 percent of recent divorcees cite student loans as the primary reason that their marriage ended. According to a study conducted by SunTrust Bank, “finances are the leading cause of stress in a relationship,” and it turns out that much of that financial stress is caused by student loans.

For the Student Loan Hero study, researchers surveyed more than 800 people who are currently divorced. As we noted, a surprisingly high percentage of those surveyed indicated that the burden of student loan debt—typically only one of the spouses carrying that debt load and impacting the other—led to the divorce. For couples who are thinking about getting married despite one party’s substantial student loan debt, it is important to consider the benefits of a prenuptial agreement. Entering into a prenuptial agreement (also known as a premarital agreement under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59)) can allow you to clarify the financial rights and responsibilities of both parties during the marriage, as well as in the event of divorce.

**Contact a Chicago Divorce Attorney**

Do you have questions about filing for divorce in Chicago? No matter what the reason might be for your decision to get divorced, an experienced Chicago divorce lawyer can help with your case. Contact Gordon & Perlut, LLC today for more information about the services we provide to families in Chicagoland.

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### [Will My Prenup Be Enforceable in My Divorce?](https://familylawadvocate.com/will-my-prenup-be-enforceable-in-my-divorce/)

**Published:** October 2, 2018
**Author:** familylawadvocate

**Content:**

**Will My Prenup Be Enforceable in My Divorce?**

**By: M. Scott Gordon**

Whether you entered into a premarital agreement—also known as a prenuptial agreement or simply a “prenup”—just a short while ago or many decades ago, if you have made the decision to [file for divorce in Chicago](https://familylawadvocate.com/divorce/) or the Chicago area you are likely wondering whether the terms of the contract will be enforceable. When you are drafting a premarital agreement, it is important to work with an experienced family lawyer who understands the ways in which terms of prenups, or the document in their entirety, can be invalidated.

However, if you are already at the stage of filing for divorce and have a premarital agreement, you no longer have the luxury of negotiating the terms of the contract. You can, however, educate yourself about when prenups are enforceable and when they are not, and you can work with a dedicated Chicago area divorce attorney who can either help you to make the best argument for enforcing the agreement or, if you believe you were forced to sign a prenup unfairly, to help you make the best case for *not* enforcing the contract.

**Does the Premarital Agreement Contain Items That Spouses Can Contract About?**

The [Illinois Uniform Premarital Agreement Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59) (750 ILCS 10/) governs prenups and their enforceability. The law defines a premarital agreement as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” By and large, premarital agreements are designed to allow couples to negotiate the terms of property and spousal support in the event of divorce. The statute defines property as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

Determining whether an entire premarital agreement is enforceable, or whether or certain terms should be enforced, can be extremely complicated. However, there are some terms that simply cannot be enforced and do not belong in a prenuptial agreement. Most notably, the following types of terms are unenforceable if they are contained in a premarital agreement:

- Any terms concerning child support;
- Terms that go against public policy; and
- Terms that would impose a criminal penalty.

In addition, if a marriage is determined to be void—for instance, if ending the “marriage” would require an annulment instead of a divorce—then the premarital agreement also is typically only enforceable “to the extent necessary to avoid an inequitable result.”

**When a Premarital Agreement is Unenforceable**

Even if a premarital agreement does not contain some of the inherently unenforceable elements or terms listed above, there are still situations in which a prenup will not be enforceable when the parties get divorced. The statute outlines the following as reasons that the court can deem the premarital agreement unenforceable:

- One of the parties did not execute the agreement voluntarily;
- Agreement was unconscionable because one of the parties did not have truthful information about the other party’s finances or property and did not waive his or her right to have that information; and/or
- Prenup modifies or eliminates spousal support, and that modification or elimination of support would create an undue hardship for the party.

**Learn More from a Divorce Lawyer in Chicago**

Are you planning to file for divorce but wondering about the enforceability of your prenup? A divorce attorney in Chicago can help. Contact Gordon & Perlut, LLC for more information.

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**Categories:** Prenuptial Agreements

---

### [Divorced with Kids: Do I Need Life Insurance?](https://familylawadvocate.com/divorced-with-kids-do-i-need-life-insurance/)

**Published:** October 9, 2018
**Author:** familylawadvocate

**Content:**

**Divorced with Kids: Do I Need Life Insurance?**

**By: M. Scott Gordon**

If you are [getting divorced](https://familylawadvocate.com/) and have minor children from the marriage or relationship, will you or your soon-to-be-ex be required to obtain life insurance? Can a court require one or both parents to obtain life insurance as a way of providing [child support](https://familylawadvocate.com/divorce/child-support/) in the event of death? Courts usually require parents to obtain life insurance precisely for this reason.

**Requirements to Obtain Life Insurance to Support Minor Children**

If you do not already have a life insurance policy, the court may order one or both parents to obtain a life insurance policy in order to provide for the minor child. It is important to know that Illinois child support law changed recently, and Illinois now operates on the “income shares” model. This means that both parents have an obligation to support their children financially, and the percentage of each parent’s obligation will be based on a number of different factors.

When Illinois used to name only one parent as the payor of child support (typically the “noncustodial parent”), that payor parent could be required to name the other parent as the beneficiary of a life insurance policy. Now that Illinois has moved entirely away from naming custodial and noncustodial parents—and has moved to the incomes shares model of child support—the court may require one or both parents to obtain life insurance. Who should be named the beneficiary of the life insurance?

**Your Life Insurance Policy and Your Beneficiaries After Divorce**

For parents who already have a life insurance policy or who newly purchase a life insurance policy according to the requirements of the court, who should be listed as beneficiaries? When you are married and have a life insurance policy, you will typically list your spouse as a beneficiary, recognizing that your spouse will use the life insurance payout to provide for the family, including your minor children. But determining beneficiaries can be more complicated after you get divorced and have minor children. You want your life insurance policy to provide support for your minor children, but can you list them as beneficiaries?

In general, a minor child can be named as a beneficiary on a life insurance policy, but the insurance company typically will not pay out to a minor. Instead, you will need to create a trust prior to death, and name a trustee. Since the surviving parent will presumably raise the children, that survivor is often named as trustee. What if you do not like the idea of your ex being named trustee? You can ask the Court if you can name another trustworthy adult as the beneficiary, such as the parent’s sibling (the child’s aunt or uncle) or the parent’s own parent (the child’s grandparent).

**Contact a Chicago Divorce Lawyer**

Divorce in Illinois can be extremely complicated, particularly when there are minor children from the marriage. If you have questions or concerns about your obligations as a parent after divorce, you should speak with a Chicago divorce attorney as soon as possible. Contact Gordon & Perlut, LLC to learn more about the services we provide to parents and families in the Chicago area.

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### [My Ex Gets Paid Cash—How Do I Enforce Child Support?](https://familylawadvocate.com/my-ex-gets-paid-cash-how-do-i-enforce-child-support/)

**Published:** October 16, 2018
**Author:** familylawadvocate

**Content:**

**My Ex Gets Paid Cash—How Do I Enforce Child Support?**

**By: M. Scott Gordon**

When one parent in the Chicago area does not provide his or her portion of the [child support obligation](https://familylawadvocate.com/divorce/child-support/failure-to-pay/), child support collections and [child support enforcement](https://familylawadvocate.com/divorce/child-support-collections-chicago/) may be necessary regardless of the circumstances. And no matter what the case might be, the need for child support enforcement and collections often results in a hardship for the child or children who need the support. This issue can become more complicated when one of the parents gets paid cash “under the table.” What can the other parent do in these circumstances if there is no employer from which to withhold child support in order to collect?

In other words, when one of the parents works but gets paid in cash “under the table” and stops making child support payments, how does enforcement and collection work?

**Working with a Lawyer to Prove Your Ex’s Income**

The [Illinois Department of Healthcare and Family Services](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/FAQs.aspx#remedies) provides information about child support collections and enforcing child support orders. To enforce a child support obligation, the other parent typically needs to file a motion for enforcement of the child support order. You also might hear about this as a contempt proceeding against the other parent. In effect, if the other parent is not providing his or her portion of the child support obligation, then that parent may be in contempt with regard to the terms of the child support order. You should know that you are not alone in filing this type of motion. Indeed, it happens often when one of the parents is not making child support payments and is working under the table for cash that is not being properly reported.

By working with a Chicago area child support lawyer, you may be able to prove that your ex is getting paid in cash. An investigator can take many different steps to prove this. For instance, an investigator can provide evidence that your ex is going to work regularly. In addition, your lawyer can discuss ways to obtain your ex’s bank account records to show that deposits are being made in cash on a regular basis from income.

**Imputing Income for Child Support in Illinois**

If you know your ex is working under the table and getting paid in cash—meaning that the employer is not deducting taxes from the wages, and there are no clear records of the amount that your ex is getting paid—you might be worried that your ex can argue that he or she simply is not making any money and thus cannot pay his or her portion of the child support obligation. In these situations, if you cannot prove your ex is working under the table, the court may be able to do something known as “imputing” income.

Even if you cannot prove that your ex is getting paid in cash, this does not mean that your ex is not required to provide his or her portion of the child support obligation. When a court determines that a parent is unemployed by choice or has failed to get a job when she or he could do so, the court can impute income. Your ex may be saying that she or he is unemployed (despite getting paid in cash under the table), so imputing income may be possible. When the court imputes income, it attributes a certain amount of income to the parent based on his or her educational and employment background.

**Contact a Child Support Collections Lawyer in Chicago**

If your ex gets paid in cash and is not contributing to the child support obligation, you should contact a Chicago child support collections attorney to learn more about your options. Contact Gordon & Perlut, LLC to learn more about how we can help with your case.

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**Categories:** Child Support Collections Lawyer

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### [When Should a Guardian Ad Litem Be Appointed?](https://familylawadvocate.com/when-should-a-guardian-ad-litem-be-appointed/)

**Published:** November 6, 2018
**Author:** familylawadvocate

**Content:**

**When Should a Guardian Ad Litem Be Appointed?**

**By: M. Scott Gordon**

When [child custody](https://familylawadvocate.com/divorce/child-custody/) cases—or cases concerning the allocation of parental responsibilities—in the Chicago area become particularly contentious or difficult, a guardian ad litem (GAL) may be appointed for the children. According to the Cornell [Legal Information Institute](https://www.law.cornell.edu/wex/guardian_ad_litem) (LII), “courts frequently appoint guardians ad litem to [represent children’s interests](https://familylawadvocate.com/family-law/courtroom-advocacy/) in cases involving adopting, child custody, child support, divorce, emancipation, and visitation rights.” In other words, the GAL acts on behalf of the child or children in a particular situation. But when should a guardian ad litem be appointed in an Illinois family law matter? And how does a guardian ad litem get appointed?

We will say more about the guardian ad litem process, and when a guardian ad litem should be appointed in a family law case in the Chicago area.

**What is a Guardian Ad Litem?**

Before getting into questions about the appropriate timetable for appointing a guardian ad litem, it is important to understand what a GAL is and what that party’s role is in a family law case.

A guardian ad litem is an attorney who represents the interests of a party who cannot adequately represent his or her own interests. Guardians ad litem in family law matters are most commonly appointed in cases involving minor children, as well as cases involving adults who lack capacity.

Under Illinois law ([750 ILCS 5/506](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506)), a GAL’s duty in a family law matter is to “testify or submit a written report to the court regarding his or her recommendations in accordance with the best interest of the child.” The GAL is required to make his or her report available to all parties involved in the case, and the GAL later “may be called as a witness for purposes of cross-examination regarding the guardian ad litem’s report or recommendations.” It is the GAL’s duty to “investigate the facts of the case and interview the child and the parties.”

**When Should a Guardian Ad Litem Be Appointed?**

Generally speaking, a guardian ad litem should be appointed at any moment in which it is important for a third party to represent the needs of a child in a family law case. In most situations, a GAL is appointed when there is a custody dispute, or as Illinois law now says, a dispute regarding the allocation of parental responsibilities.

Although the judge in any custody case ultimately will make the final decision about how parents will share parental responsibilities (if they will in fact share parental responsibilities), the guardian ad litem can provide information about what is in the child’s best interests through an investigation. As soon as a child custody dispute arises, it is generally a good idea to have a guardian ad litem who can give a neutral assessment of what is in the child’s best interests after performing a thorough investigation, and to make a recommendation concerning the allocation of parental responsibilities to the judge.

It is important for families to understand that a guardian ad litem may be asking difficult and personal questions, but the guardian ad litem is not working for one side in a divorce or child custody case. Rather, the GAL is solely appointed to represent the child, and to ensure that the outcome of the case is in the child’s best interest.

**Learn More from a Chicago Family Law Attorney**

If you have questions about child advocacy and how a guardian ad litem may play a role in your child custody case, you should speak with a [Chicago family lawyer](https://familylawadvocate.com/contact-us/) today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about the services we provide.

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### [Holiday Parenting Time](https://familylawadvocate.com/holiday-parenting-time/)

**Published:** November 14, 2018
**Author:** familylawadvocate

**Content:**

**Holiday Parenting Time**

**By: M. Scott Gordon**

When parents in the Chicago area get divorced and have minor children from the marriage, they should be prepared to work together in some capacity with regard to their children. While divorces can be complicated and contentious, it is typically best for all parties involved if the parents can find a way to communicate when it comes to their kids, and to find a solution for [parenting time](https://familylawadvocate.com/divorce/child-custody/). If parents can agree to the terms of their shared parental responsibilities, they can develop a parenting agreement that, as long as the court finds it to be in the best interests of the child, can become the official. Even if the parents cannot come to an agreement with regard to parenting time, the court will allocate it according to what is in the child’s best interest.

While the task of [allocating parenting time](https://familylawadvocate.com/divorce/child-custody/) can be complicated enough in terms of working out a day-to-day schedule, this task can become even more complex (and often more contentious) with regard to the holidays. How does holiday parenting time work, and what should parents and families expect?

**Why a Parenting Plan Can Be Helpful for Allocating Parenting Time for the Holidays**

The [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) (IMDMA) governs the allocation of parental responsibilities, including parenting time. As we suggested above, when parents work together to create a parenting plan, they can have more control over the process. To be sure, families often know what works better for them than a judge might, and parents may be able to create a holiday parenting time schedule that fits the specific needs of the family. When the terms of holiday parenting time are not outlined in a parenting plan, the court will determine a schedule that it considers to be in the child’s best interests.

**Alternating Important Holidays**

One of the most common ways in which holiday parenting time is allocated is by alternating important holidays each year. For example, if the family celebrates Thanksgiving, Christmas, and Easter each year, then Parent A might spend those holidays with the child every odd year (or every other year), while Parent B will spend time with the child during the even years. Or, Parent A could have parenting time on Thanksgiving and Easter every odd year, and parenting time on Christmas every even year, with the alternating years dedicated to parenting time for Parent B.

**Splitting Holidays Between Parents**

Sometimes it works for parents to split the holidays. For example, if a family celebrates either Hanukkah or Christmas, the parents might decide that Parent A will have parenting time for the first four nights of Hanukkah, and Parent B will have parenting time for the remaining four nights of Hanukkah each year. Or, Parent A might have parenting time every Christmas Eve, while Parent B has parenting time every Christmas Day.

**Finding a Way to Resolve Holiday Parenting Time Problems**

The examples of holiday parenting time discussed above are not the only options. There are many creative ways that parents can develop a holiday parenting time schedule, as well as inventive ways that the court can allocate parenting time for the holidays.

The best way to resolve disputes about holiday time is for the parents to work together, and an experienced lawyer can help.

**Contact a Chicago Parenting Time Attorney**

Developing a parenting plan or facing difficult questions about holiday parenting time can be distressing for anyone, but a compassionate [Chicago parenting time lawyer](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [How Does Divorce Affect Estate Planning?](https://familylawadvocate.com/how-does-divorce-affect-estate-planning/)

**Published:** November 19, 2018
**Author:** familylawadvocate

**Content:**

**How Does Divorce Affect Estate Planning?**

**By: M. Scott Gordon**

[Getting divorced in Chicago](https://familylawadvocate.com/divorce/) usually results in many changes to a person’s life, from shifts in finances to variations in parenting if you have minor children. We often think about the ways in which divorce affects a person’s social and family experiences, as well as the ways in which divorce can have a major impact on a person’s economic situation. Yet there are other areas of a person’s life that should not be overlooked when a divorce is imminent, or just after a divorce is finalized. One of those areas is estate planning. While many people think of estate planning as something for older adults, estate planning in fact is something that adults of all ages should think about carefully, especially if they have children who rely on them for financial and emotional support.

How does [divorce](https://familylawadvocate.com/divorce/) affect estate planning, and what considerations should a person take with regard to estate planning when she or he gets divorced?

**Changing Your Beneficiaries on Your Life Insurance Policy and Your Retirement Accounts**

When you are getting divorced, all marital property will be subject to division. As such, your retirement accounts (such as 401k accounts or 403b accounts) may be subject to division. Nearly any account that you contributed to during the marriage—unless it was excluded through a prenuptial agreement—likely will be classified as marital property and will be divided according to a theory of equitable distribution. In some cases, life insurance policies that you took out during the marriage may have cash value. For example, whole life policies and universal life policies tend to accrue cash value as time passes since a portion of your premium goes into an account that grows with interest. This cash value can also be subject to division in a divorce.

Once the court classifies and distributes any value in insurance policies or retirement accounts, one or both parties may still have ownership over these accounts. In these cases, it is important to reassess the beneficiaries listed on these accounts. Life insurance policies always have a beneficiary, and holders of retirement accounts also can list beneficiaries. For married couples, the beneficiary almost always is the other spouse. However, a divorce can change that. If you do not have minor children from the marriage and have your spouse listed as a beneficiary, it is important to consider changing the beneficiary to another party. If you do have minor children, you ultimately may keep your ex-spouse as the beneficiary on a life insurance policy to provide for your minor children. Regardless, it is important to consider these questions.

**Other Elements of Your Estate Plan**

When you make changes to beneficiaries on these policies and accounts, it is also important to consider beneficiaries listed in your will, and to any other accounts that have beneficiaries listed.

Other documents that you should consider changing as a result of a divorce are any that give your ex-spouse certain abilities to make decisions on your behalf (assuming, of course, that you no longer want your ex-spouse to be able to make decisions for you). For instance, you may have a power of attorney in place that names your ex as your power of attorney to handle any financial matters in the event that you become incapacitated. Or, for example, you may have a healthcare power of attorney that allows your ex to make healthcare decisions for you in the event that you become incapacitated and cannot make those decisions for yourself. All of these documents should be reassessed in light of your divorce.

**Speak with a Chicago Divorce Lawyer**

Do you have questions about divorce and estate planning matters? An experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can speak with you today and can answer your questions. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [How to Prepare for a High Conflict Divorce](https://familylawadvocate.com/how-to-prepare-for-a-high-conflict-divorce/)

**Published:** December 10, 2018
**Author:** familylawadvocate

**Content:**

**How to Prepare for a High Conflict Divorce**

**By M. Scott Gordon**

There are few [divorces in the Chicago](https://familylawadvocate.com/divorce/) area that are entirely free of conflict. To be sure, even when couples go through an uncontested divorce and are able to agree on all terms surrounding the dissolution of marriage, there are often still some conflicts that arise—but are resolved—during the process. A [high conflict divorce](https://familylawadvocate.com/divorce/) is something different. As an [article](https://www.psychologytoday.com/us/blog/anxiety-zen/201709/marriages-come-and-go-high-conflict-divorce-is-forever) in *Psychology Today* explains, high conflict divorce refers to a divorce case in which there is substantial conflict and contentiousness. A high conflict divorce can result from the actions of both parties, or it can result from the actions of just one party alone.

How can you know if you should prepare for a high conflict divorce? And what can you do to get through a particularly contentious divorce? An [article](https://www.huffingtonpost.ca/susan-valentine/high-conflict-divorce_b_4687175.html) in the *Huffington Post* provides some tips for couples who are considering divorce.

**1. Understand How to Recognize a “High Conflict Personality”**

When one or both parties in a divorce case has a “high conflict personality,” the chances are good that a high conflict divorce will ensue. How can you tell if someone has a high conflict personality? There are a wide variety of signs that someone has a high conflict personality, but psychologists have identified several key characteristics that might include:

- Being deceitful, particularly when lies can help to explain or provide evidence for the person’s own feelings or emotions;
- Blaming other people for problems in one’s own life, including the person’s spouse, children, and sometimes even friends or co-workers;
- Aggressiveness, and sometimes abusive behavior, toward family members and friends;
- Manipulative behaviors designed to get attention and to prove that the other spouse is at fault;
- Refusal to compromise, even on minor issues that could help to move discussions forward in a productive way; and
- Lack of empathy for others.

**2. Learn How to Pick Your Battles**

Dealing with a high conflict individual in a divorce can be extremely difficult. One of the best ways to avoid constant conflict is to decide which battles to take on, so to speak. For instance, if your ex-spouse refuses to compromise about parenting time, this may be a battle to engage in. However, if your spouse is picking a fight over a piece of furniture that does not mean much to you, it might make sense in the long run to let it go.

**3. Avoid Overreacting If Possible**

If you can do it, avoid overreacting—or even reacting to—your ex’s behavior. When you react to a high conflict person’s behavior, your reaction encourages that person to keep up the behavior in order to continue getting attention.

**4. Do Not Believe That Your Ex Will Change**

It is extremely rare for a person with a high conflict personality to change the way that she or he engages with others. As the article emphasizes, “surrender fantasies that your ex-spouse will fundamentally change” as soon as possible.

**5. Ask for Help If You Need It**

You should find both a lawyer and a therapist with experience handling high conflict divorces and working with high conflict individuals. Do not be afraid to ask for help handling the situation, and do not feel as though you must manage on your own.

**Contact a Chicago Divorce Lawyer**

An experienced [Chicago divorce lawyer](https://familylawadvocate.com/divorce/) at our firm can get started on your case today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about the services we provide to Chicago-area residents.

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### [What is a Presumption of Paternity Under Illinois Law?](https://familylawadvocate.com/what-is-a-presumption-of-paternity-under-illinois-law/)

**Published:** December 18, 2018
**Author:** familylawadvocate

**Content:**

**What is a Presumption of Paternity Under Illinois Law?**

**By: M. Scott Gordon**

If you are seeking to [establish paternity](https://familylawadvocate.com/fathers-rights/) for your minor child, you might have heard of the term “presumption of paternity.” What is a [presumption of paternity](https://familylawadvocate.com/fathers-rights/) under Illinois law, and how does it establish the rights and responsibilities of a parent? Generally speaking, matters of paternity—and the presumption of paternity—in the Chicago area are governed by the Illinois Parentage Act of 2015 ([750 ILCS 46/](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59)). That statute defines a “presumed parent” as “an individual who . . . is recognized as the parent of a child until that status is rebutted or confirmed in a judicial or administrative proceeding.”

But how does that presumption arise? And what are the ways in which it might be disputed?

**Defining the Presumption of Paternity in Chicago**

A presumption of paternity refers to situations in which the law says that a person is the child’s presumed parent—typically the father. A presumption of paternity typically happens in cases where there is no direct evidence that the parent is the child’s biological parent, but there are other ways in which that person is presumed to be the parent (and therefore responsible for providing care and support to the child). Situations in which there is a presumption of paternity may include:

- Individual (presumed parent) married the child’s biological mother or otherwise started a relationship with the child’s biological mother, and the child was born during the relationship;
- Individual and the child’s biological mother got married, and the child was born within 300 days of the end of the marriage;
- Individual and the child’s biological mother got married, but the marriage was determined to be invalid, and the child was born within 300 days of the declaration of invalidity of the marriage; or
- Individual married the child’s biological mother or otherwise started a relationship with the child’s biological mother after the child was born, but the individual is listed (by choice) as the parent on the child’s birth certificate.

Since a presumption means only that parentage is presumed, there are ways either to provide evidence of paternity or to dispute paternity. Presumptions of paternity can be disputed, for example, with DNA evidence and other forms of documentation.

**How the Presumption of Paternity Extends to Same-Sex Couples**

The Illinois Parentage Act also extends to same-sex couples, including when it comes to the presumption of parentage. All of the scenarios listed above apply to same-sex couples in theory. So, for example, if one woman (the biological mother) in a same-sex couple gets pregnant while she is married to or in a relationship with another woman (the wife or partner), then the wife or partner may be a presumed parent under the law.

As you might guess, however, the law is not always equal when it comes to men in a same-sex relationship since the law does not specifically provide for a presumption of parentage or presumption of paternity in cases where two men in a same-sex relationship decide to have a child through a surrogate or by other means.

**Learn More from a Chicago Paternity Lawyer**

If you have questions about how the Illinois Parentage Act applies to you, it is important to speak with a [Chicago paternity lawyer](https://familylawadvocate.com/contact-us/) about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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### [Divorce and the “Premarital Cohabitation Effect”](https://familylawadvocate.com/divorce-and-the-premarital-cohabitation-effect/)

**Published:** December 28, 2018
**Author:** familylawadvocate

**Content:**

**Divorce and the “Premarital Cohabitation Effect”**

**By: M. Scott Gordon**

Are you more likely to [get divorced](https://familylawadvocate.com/divorce/) if you live together—or cohabitate—prior to marriage? This is a question that has received a substantial amount of attention across the decades, and it seems as though researchers have answered the question in disparate ways. While some say that cohabitation before marriage does not make [divorce](https://familylawadvocate.com/divorce/) more likely, other researchers say the opposite—that living together before marriage can increase the couple’s odds for divorce. According to a [recent article](https://www.psychologytoday.com/gb/blog/sliding-vs-deciding/201811/premarital-cohabitation-and-the-odds-divorce-the-latest) in *Psychology Today*, it is often difficult to make sense of these opposing study results, but there may be some significant factors to consider.

**Shifting Results from Studies on Cohabitation and Divorce**

One of the most logical explanations for the shifting results on studies assessing cohabitation and divorce rates is that the odds of divorce after living together have changed over the years. For example, as the article notes, many studies conducted prior to 2007 found that cohabitation did, in a majority of cases, increase the risk of divorce for couples. However, over the last decade, “a number of studies and social scientists declared that the association between living together before marriage and difficulties in marriage had disappeared.” Given that more recent research, many people were surprised to see a new study published in the *Journal of Marriage and Family* that linked cohabitation to higher rates of divorce. That study referred to this phenomenon as the “premarital cohabitation effect.”

Does this mean that changing social norms affect the rate of divorce among cohabitating couples?

While changing social values and norms may affect relationships, this is not a sole explanation for these different study results. As the article argues, the “understanding of” the link between cohabitation and divorce rates simply has gotten better over the years. In other words, it is unlikely that this association between cohabitation and divorce disappeared in the previous 10 years, and rather that the link weakened. Now that we have better ways to assess the connection, researchers are finding that there remains some connection between living together before marriage and the risk of divorce.

**Significance of Commitment to the Relationship**

It is important to emphasize that not all cohabitating couples are at a higher risk of getting divorced if they eventually do marry. Instead, recent research suggests that the better predictive factor is commitment to the relationship. Many couples decide to move in together without actually or firmly committing to the relationship and to one another. Then, since they already are living together, the next logical step often seems to be marriage even if the couple is not ready to make that kind of commitment. These tend to be the couples for whom cohabitation is linked with a higher likelihood of divorce, or for whom the “premarital cohabitation effect” is present.

For couples that cohabitate but are fully committed to one another, however, the statistics tend to look different. If two people decide to live together after getting engaged, for example, the “premarital cohabitation effect” does not necessarily apply. Similarly, if a couple commits to the relationship but feel opposed to the institution of marriage at that time, for instance, a future decision to get married to the committed partner does not necessarily spell doom for the relationship.

**Contact a Divorce Lawyer in Chicago**

There are numerous predictive factors for divorce, and they may not apply to each and every couple. If you need more information about divorce, you should speak with a [divorce attorney in Chicago](https://familylawadvocate.com/contact-us/). An advocate at our firm can answer your questions. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about divorce in Illinois.

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### [Learning About Divorce Options](https://familylawadvocate.com/learning-about-divorce-options/)

**Published:** January 2, 2019
**Author:** familylawadvocate

**Content:**

**Learning About Divorce Options**

**By: M. Scott Gordon**

If you are having problems in your marriage, you may be wondering about options for [divorce in Chicago](https://familylawadvocate.com/divorce/). You might know that you want to separate from your spouse, but you might not have a clear understanding yet of whether you both will be able to agree to terms of the divorce, whether there will be possibilities for negotiation and compromise, and whether you will need to have a judge make the ultimate decisions about specific aspects of your divorce.

As an [article](https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#37cc4a5920ae) in Forbes emphasizes, there is no one-size-fits-all model for divorce. To be sure, each family has its own particular concerns and difficulties, and there are nuances in every case. Accordingly, there are different models for divorce that you can consider. Depending upon the issues that are most important to you, there are different routes to divorce that may be available.

**Avoiding the Courtroom in Your Divorce**

For some families, the most important aspect of a divorce is avoiding the courtroom. Sometimes spouses simply do not want to deal with the extensive cost and time of going to court, or they do not want certain issues in their relationship to be made public. For these couples, divorce mediation or collaborative divorce may be the right choice.

[Divorce mediation](https://familylawadvocate.com/family-law/mediation/) is beneficial for many different reasons. First and most significantly, mediation allows the two spouses to play an important role in the outcome of the divorce. Rather than presenting a case to a judge and having the judge make the ultimate decision, mediation allows the two parties to come together before a neutral third party—the mediator—to work toward a mutually agreeable solutions to contested divorce matters. For example, mediation can allow the spouses to reach an agreement about property division or about the allocation of parental responsibilities. Collaborative divorce is also a method for keeping your divorce outside the courtroom. With collaborative divorce, each spouse hires his or her own lawyer, and then the parties work toward negotiating a reasonable outcome with which both parties are satisfied.

With mediation, family matters are kept private and do not need to be aired before a judge. If mediation or collaborative divorce are unsuccessful, the parties still have the option to go to court for a more traditional divorce process.

**Getting a Divorce as Quickly as Possible**

If the most important matter in your divorce is getting it done quickly, then an uncontested divorce will be the best option for you. As long as both spouses agree to everything—from property division to spousal support to the allocation of parental responsibilities—then the divorce can go quite quickly. Keep in mind that you must be an Illinois resident for at least 90 days prior to filing for divorce. You also must have been living separate and apart for six months or more. If those conditions are met, and you agree to all terms (for an uncontested divorce), the divorce may be granted as soon as 30 days after your filing.

**Making Sure Your Needs Are Met Regardless of Time**

An uncontested divorce means that there are one or more terms that you and your spouse cannot agree upon. If the most important thing to you is making sure that your needs are met and that the judge hears your case, you will need to take your case to court. In some cases, spouses attempt divorce mediation before going to court, but mediation may not be successful.

With a contested divorce, the judge typically will make a decision about the issues that are contested, and may determine how, for example, marital property will be distributed and how parental responsibilities will be allocated through an allocation judgment.

**Discuss Your Case with a Divorce Lawyer in Chicago**

If you have questions about filing for divorce, you should discuss them with a Chicago divorce lawyer as soon as possible. Contact Gordon & Perlut, LLC today to learn more about how we can assist with your case.

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### [Secured Versus Unsecured Debts in Property Division](https://familylawadvocate.com/secured-versus-unsecured-debts-in-property-division/)

**Published:** January 8, 2019
**Author:** familylawadvocate

**Content:**

**Secured Versus Unsecured Debts in Property Division**

**By: M. Scott Gordon**

Getting divorced and [dividing marital property](https://familylawadvocate.com/divorce/property-division/) often becomes contentious for couples in the Chicago area. While most spouses tend to worry about the [distribution of marital assets](https://familylawadvocate.com/divorce/property-division/)—and questions about who will get to keep which pieces of property, such as bank accounts, furniture, or real estate—it is important to remember that the division of marital property also includes the division of marital debt. To be clear, any debts from the marriage will also be divided between the spouses during the process of the distribution of marital property.

In recognizing that property division includes debt division, Chicago area residents should also understand that all debt is not the same. In fact, secured debt and unsecured debt are quite different, and it is important to understand the distinction between the two in order to understand how they can be divided in a divorce.

**Distinctions Between Secured and Unsecured Debts**

What is the difference between a secured and unsecured debt? In short, a secured debt is one for which the debt is connected to a particular asset. Since the debt is tied to an asset in the debtor’s possession, any failure to repay the debt means that the debtor can repossess the asset. A common example of a secured debt is a debt for an automobile through an auto loan. If the debtor fails to continue making payments on the car until the debt is paid off, the lender can repossess the car. A mortgage on a home is also an example of a secured debt.

Differently, unsecured debt is debt for which there is no asset attached. As such, the lender cannot repossess the property when the debtor does not pay. A common type of unsecured debt divisible in a divorce is credit card debt, as an [article](https://www.creditcards.com/credit-card-news/help/dividing-credit-card-debt-divorce-6000.php) in CreditCards.com explains. Other examples of unsecured debt include medical debt and student loan debt.

How are secured and unsecured debts divided in a divorce? The first step is to determine whether the debts should be classified as marital or separate property. For any debts that are classified as marital property, they will need to be divided in the divorce.

**Decide Whether to Keep or Sell Property Tied to a Secured Debt**

If you have marital property that is a secured debt, you will need to decide whether to sell or to keep that property. For example, if you have a motor vehicle that you and your spouse purchased together and for which you are still making payments, you will have the option of selling the car before marital property is divided (and the proceeds, if there are any, would be divisible), or you can retain the property and it will be divided accordingly.

A more common issue involving divorce property division and secured debt involves the family home. You and your spouse can come to an agreement about whether to keep or sell the real estate. Keep in mind that property tied to a secured debt can end up costing more in the long run in upkeep and maintenance, but those costs typically will not be factored into property distribution in your divorce.

**Dividing Remaining Assets and Debts**

If you sell property that is tied to a secured debt, any money you make that does not go toward repaying the debt will be divisible as a marital asset. For property that is retained, the court will take into account the market value of the property and the amount of debt that is still owed when distributing property. Unsecured debts are distributed similarly to assets—if they are marital in nature, they are divided equitably.

**Learn More from a Chicago Property Division Attorney**

Property distribution is one of the more complex processes in a divorce case, but a [Chicago property division lawyer](https://familylawadvocate.com/contact-us/) can help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/)[ to learn more about how we can help you.](https://familylawadvocate.com/contact-us/)

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### [What Are the Different Types of Orders of Protection, and Who Can Get Them?](https://familylawadvocate.com/what-are-the-different-types-of-orders-of-protection-and-who-can-get-them/)

**Published:** January 16, 2019
**Author:** familylawadvocate

**Content:**

**What Are the Different Types of Orders of Protection, and Who Can Get Them?**

**By: M. Scott Gordon**

What can a Chicago area resident do if they are in fear of bodily harm or other harm at the hands of a spouse or family member? The Illinois Domestic Violence Act of 1986 ([750 ILCS 60/](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59)) contains protections for people who are subjected to domestic violence, including the ability to seek an [order of protection](https://familylawadvocate.com/divorce/orders-of-protection/). The Act identifies domestic violence as “abuse,” which it then defines as physical abuse or harassment, among other actions. When a person is a victim of domestic violence or is in fear of this type of abuse, she or he can be eligible to seek an order of protection.

The Act explains that there are three [different types of orders of protection](https://familylawadvocate.com/divorce/orders-of-protection/), including: emergency orders, interim orders, and plenary orders. We want to go through the difference between each of these types of domestic violence orders of protection, and then to clarify who can be eligible to obtain one of these orders of protection.

**Understanding the Three Different Types of Orders of Protection**

There are three different types of orders of protection in situations involving domestic violence:

- Emergency order of protection (EOP): this type of protective order only last for 14 to 21 days. Since it is only temporary, the alleged perpetrator does not have to be informed of the hearing for the order ahead of time.
- Interim order of protection: this type of protective order can be granted for up to 30 days once the alleged perpetrator has been served.
- Plenary order of protection: this type of protective order lasts the longest—up to two years. It can only be granted once the court has the opportunity to hear from the petitioner and the alleged perpetrator. While the alleged perpetrator does not have to show up to court, she or he must be properly informed about the hearing. The petitioner, however, must be present for the order of protection to be granted.

**Who Can Get an Order of Protection?**

Orders of protection are available under the Act for the following persons:

- Person abused by a family member or other household member;
- High-risk adult with disabilities abused, neglected, or exploited by a family member or other household member;
- Minor child in the care of an abused person;
- Dependent adult in the care of an abused person; and/or
- Person residing at or employed at a private home or public shelter where an abused family member is housed.

While the above persons may be eligible to receive a protective order, only certain persons can file a petition for a protective order, including:

- Person who has been abused;
- Person on behalf of a child who has been abused; and/or
- Person on behalf of an adult who has been abused and who cannot file the petition himself or herself due to age, health, disability, or inaccessibility.

To be clear, a person cannot simply file a petition for an order of protection for a competent adult who chooses not to file an order himself or herself.

**Contact a Chicago Order of Protection Lawyer**

If you have questions about orders of protection, a [family law attorney in Chicago](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [Planning for Retirement and Divorce](https://familylawadvocate.com/planning-for-retirement-and-divorce/)

**Published:** January 21, 2019
**Author:** familylawadvocate

**Content:**

**Planning for Retirement and Divorce****By: M. Scott Gordon**Most people in the Chicago area do not anticipate having to plan for retirement and [divorce](https://familylawadvocate.com/divorce/) at the same time. However, given that rates of “gray divorce” have increased significantly in recent years—meaning that more older adults are [getting divorced](https://familylawadvocate.com/divorce/)—it is important to consider the ways in which retirement planning often may accompany divorce planning for spouses who are aged 60 and older. A [recent article](https://www.fedweek.com/retirement-financial-planning/study-shows-how-much-divorce-increases-retirement-security-risk/) in FEDWeek discusses a recent study that says divorce greatly increases a person’s retirement security risk. We want to discuss this study, as well as to consider the ways in which divorce can impact other retirement money, such as 401(k) accounts and Social Security benefits. 

**Study Says Divorce Hurts Your Finances**

It should not come as a surprise that the new study says divorce can harm each partner’s future and current finances in many ways. That information comes from a recent study conducted by the Center for Retirement Research.

Not only do divorced spouses have to contend with paying separate sets of bills for individual households—when they used to share those costs under one roof—but they also are responsible for legal fees associated with the divorce. In fact, the study suggests that retirement for divorcees likely should be classified as “at risk.” The National Retirement Risk Index says that a person’s retirement is “at risk . . . if the projected rate to replace current income in retirement falls 10 percent or more below the level needed to maintain current living standards.” Approximately 53 percent of divorced households have “at risk” retirement, while that figure drops to 48 percent in households where there was no divorce.

**Financial Benefits of Divorce in Retirement**

Yet the news is not all bad. One potential benefit of divorce when it comes to dividing retirement assets is that you may be able to take an early withdrawal from your retirement account—such as a 401(K) account—without paying the early withdrawal penalty. To avoid the penalty, the retirement funds must be divided as part of the divorce proceedings. Then, through what is known as a Qualified Domestic Relations Order (QDRO) a portion of one spouse’s retirement account can be rolled over into the other spouse’s retirement account or can be paid in cash to the other spouse. In most cases, the spouse receiving the payment will not have to pay the 10 percent early withdrawal penalty.

As an [article](https://www.aarp.org/retirement/social-security/info-2016/divorced-social-security-benefits.html) from AARP discusses, spouses an also benefit from Social Security benefits even if they are divorced. If you were married for 10 years or longer, even if you get divorced, you can be entitled to Social Security benefits from your ex-spouse as long as you are 62 years or older and are currently unmarried. In some cases, when an ex-spouse dies, the surviving spouse—even if they were divorced prior to death—may be entitled to receive the ex-spouse’s Social Security benefits if the marriage lasted for at least 10 years and the surviving spouse is 60 or older.

**Contact a Chicago Divorce Attorney**

Do you have questions about divorce and retirement? An experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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### [How Do I Get a Joint Simplified Divorce in Illinois?](https://familylawadvocate.com/how-do-i-get-a-joint-simplified-divorce-in-illinois/)

**Published:** February 4, 2019
**Author:** familylawadvocate

**Content:**

**How Do I Get a Joint Simplified Divorce in Illinois?**

**By: M. Scott Gordon**

If you are thinking about [filing for divorce in the Chicago](https://familylawadvocate.com/divorce/) area, you may know that there are two types of divorce in general: contested [divorce](https://familylawadvocate.com/divorce/) and uncontested divorce. On the one hand, an uncontested divorce is one in which the parties agree on all aspects of the divorce, from the division of marital property to spousal support and the allocations of parental responsibilities. On the other hand, a contested divorce is one in which the parties disagree about one or more issues involved in the divorce proceeding and cannot reach an agreement. An uncontested divorce tends to go much more quickly than a contested divorce given that there is no need to present both sides to the court and for the court to make a ruling about the divorce matters at issue.

While an uncontested divorce in general is often simpler and quicker than a contested divorce, it is important for Chicago area residents to know that some uncontested divorces may be applicable for a for a joint simplified divorce process, in certain circumstances. Some couples assume that a joint simplified dissolution of marriage is available to most parties to speed up the divorce process, but there are nearly a dozen specific requirements that must be met in order for parties to file a petition for a joint simplified divorce.

**What is a Joint Simplified Dissolution of Marriage?**

A joint simplified divorce is a procedure under the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)) that allows for a simplified divorce proceeding. However, it is not available in all circumstances. In order to be eligible for a joint simplified dissolution, all of the following must be true:

- Parties agree to all aspects of the divorce, including all matters concerning the distribution of marital property;
- Parties agree to divide all marital property worth more than $100 through a written agreement;
- Parties both allege irreconcilable differences;
- Marriage did not last longer than 8 years;
- Neither party is reliant on the other party for support;
- Neither party is seeking spousal maintenance, and the parties are willing to waive their right to spousal maintenance;
- At least one of the parties has been a resident of Illinois for at least 90 days;
- No children were born from the marriage;
- Wife is not currently pregnant;
- Parties do not own any real estate together;
- Parties do not own any joint retirement benefits (or combined value of retirement accounts is less than $10,000);
- Combined marital assets, minus any marital debt, is less than $50,000;
- Each spouse individually does not earn more than $30,000;
- Together the parties do not earn more than $60,000 annually before taxes; and
- Parties properly disclosed all of their assets and liabilities in their tax returns during the years that they were married.

**Contact a Chicago Divorce Lawyer**

While a joint simplified divorce procedure might seem appealing, it is only available in very limited circumstances. To learn more about uncontested divorce and negotiating a divorce settlement, you should speak with a [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) as soon as you can. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Spousal Support Changes in Illinois Respond to Federal Tax Law](https://familylawadvocate.com/spousal-support-changes-in-illinois-respond-to-federal-tax-law/)

**Published:** February 20, 2019
**Author:** familylawadvocate

**Content:**

**Spousal Support Changes in Illinois Respond to Federal Tax Law**

**By: M. Scott Gordon**

Any divorces that were finalized in 2018 or earlier will use a model of taxing [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) in which the spouse [paying alimony](https://familylawadvocate.com/divorce/spousal-maintenance/) can deduct the amount from his or her taxes while the recipient spouse is responsible for paying taxes on the support received. However, the federal Tax Cuts and Jobs Act (TCJA) changed the way that spousal maintenance or alimony gets taxed for people who get divorced in 2019 and later.

In response to the TCJA, changes to Illinois spousal support law took effect on January 1, 2019 and will remain in effect unless the state legislature makes changes in the future. The changes to spousal maintenance law are reflected in the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59)).

**How the TCJA Changes Resulted in State Law Revisions**

Under the TCJA, divorces finalized starting January 1, 2019 in which spousal maintenance is awarded will be taxed differently than in prior years. Rather than the spouse who makes the support payments being able to deduct the maintenance from his or her income prior to paying taxes, now the spouse making support payments will pay the taxes on that money. Accordingly, the recipient spouse will not have to pay taxes on the money received.

These federal law changes result in a higher cost to the paying spouse since she or he now is responsible for the taxes on the support payments that she or he pays. The idea behind the TCJA change is that the paying spouse is in a higher tax bracket, and as such the federal government receives more in taxes when the paying spouse—as opposed the recipient spouse—is responsible for the tax.

**How Illinois Law Helps to Offset the TCJA Changes**

Recognizing that the TCJA changes are going to have a significant impact on spousal support payments, Illinois lawmakers amended the IMDMA so that tax consequences of spousal maintenance can be taken into account when determining whether alimony is appropriate. In addition, and perhaps more significantly, Illinois lawmakers also changed the guidelines for calculating the spousal maintenance award.

For spouses who earn a combined gross annual income of less than $500,000, the court will calculate the spousal maintenance award as follows:

· Take 33 1/3 percent of the paying spouse’s annual net income and subtract 25 percent of the recipient’s annual net income. The remaining amount is the spousal maintenance award.

Previously, the court took 30 percent of the paying spouse’s gross annual income and subtracted 20 percent of the recipient’s gross annual income to reach the total maintenance award. The new method is designed to take into account the shift in federal taxes paid on spousal maintenance.

In amending the IMDMA, the calculations for determining the duration of spousal maintenance remain the same.

**Contact a Spousal Maintenance Attorney in Chicago**

If you recently finalized your divorce and have questions about spousal maintenance, or if you are considering divorce and have concerns about how spousal maintenance will affect your financial stability, an experienced [Chicago spousal maintenance lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with a family law advocate.

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**Categories:** Spousal Maintenance Lawyer

---

### [Why Divorce Should Also Mean New Relationships with Financial Advisers](https://familylawadvocate.com/why-divorce-should-also-mean-new-relationships-with-financial-advisers/)

**Published:** February 25, 2019
**Author:** familylawadvocate

**Content:**

**Why Divorce Should Also Mean New Relationships with Financial Advisers**

**By: M. Scott Gordon**

When spouses in the Chicago area make the decision to [get divorced](https://familylawadvocate.com/divorce/), they usually know that it is important for each to have his or her own divorce lawyer in order to have someone to advocate for their individual rights throughout the process. But if you are getting divorced after a long marriage and have spent time building relationships with tax preparers, accountants, and other financial advisers, can you and your ex-spouse continue to rely on the services of those financial advisers after the official [dissolution of the marriage](https://familylawadvocate.com/divorce/)?

According to a [recent article](https://www.marketwatch.com/story/why-a-divorce-can-mean-a-breakup-with-your-financial-adviser-too-2019-01-04) in MarketWatch, getting divorced may mean that you should reevaluate your relationship with professional advisers.

**When Your Ex-Spouse Developed the Relationship with Your Family’s Financial Advisers**

The most obvious situation in which it is important to find new financial advisers after a divorce is when your ex-spouse was the person who developed those relationships. The article emphasizes that, when divorce is “supposed to be a clean financial break from your spouse, does it really make sense to continue using the same advisers as your ex?” In most cases, “the answer is no, especially if your ex is the one who has the relationship with those advisers.”

To be clear, in order to make a clean financial break from your ex-spouse, it typically does not make sense to continue sharing financial advisers. But for spouses that have not been primary breadwinners and are now in the process of getting divorced, finding new financial advisers may be more important than ever.

**How Financial Advisers Assist During a Divorce**

Not only should you find a new set of financial advisers after the divorce, but the article emphasizes that hiring your own financial advisers during the process of the divorce can also be extremely helpful. In particular, for high net worth couples, a financial adviser can help to open new investment accounts as well as to ensure that all marital property in the ex-spouse’s possession that has been distributed to you in the divorce is transferred properly.

Having your own accountant-separate from the accountant your spouse is using-during the divorce can also be helpful. An accountant can ensure that your divorce settlement does not have unexpected tax consequences and can discuss the best property division options “from a tax perspective.”

In particularly complicated divorces, a forensic accountant can also be beneficial. Forensic accountants can help to discover hidden assets during the divorce. If you believe your spouse is hiding assets, having your own accountant usually means that the accountant will receive financial information from the other spouse and can analyze it for discrepancies. As the article explains, forensic accountants may “speak the language of finances” better than other members of your team.

**Seek Advice from a Chicago Divorce Lawyer**

Are you thinking about filing for divorce, or are you in the process of getting divorced? If you have questions about divorce and financial matters, an experienced [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can discuss your options with you and can speak with you in more detail about the types of financial advisers who may be beneficial in your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about how we can assist you.

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### [Dividing Inheritances in a Chicago Divorce](https://familylawadvocate.com/dividing-inheritances-in-a-chicago-divorce/)

**Published:** March 12, 2019
**Author:** familylawadvocate

**Content:**

**Dividing Inheritances in a Chicago Divorce**

**By: M. Scott Gordon**

[Asset division in a Chicago divorce](https://familylawadvocate.com/divorce/property-division/) often becomes one of the more contentious matters when two people decide to dissolve their marriage. In some cases, both parties agree to all terms of the [property division](https://familylawadvocate.com/divorce/property-division/) settlement, and they are able to have an uncontested divorce that moves relatively quickly. However, in many cases, some issues arise concerning the classification of marital property or the way in which it should be distributed between the spouses. It is important to keep in mind that only marital property is divisible in a divorce under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) (IMDMA). Accordingly, any property that is classified as “separate” or “non-marital” is not subject to division in a divorce.

But sometimes the classification of property can get complicated. And even once that property has been classified, the ways in which it is distributed can be contested by one or both spouses. One type of property that can be difficult to classify and divide in a divorce is property inherited during the marriage.

**Considering Inheritances for Divorce Purposes**

In order to discuss the classification of inherited property, we want to give you a hypothetical scenario to consider: Imagine that Spouse #1 and Spouse #2 get married in 1980. In 1990, Spouse #1 inherits money from a relative. Spouse #1 first decides to take that money and deposit it into a separate account that she opened prior to her marriage to Spouse #2. Then, in 1991, the married couple decides to buy a house. Spouse #1 withdraws $50,000 from that account and uses it for the down payment on a house that costs $300,000. The couple gets a mortgage, and they make monthly payments on the house. In 2019, the couple decides to get divorced. They are both retired, and they recently paid off the mortgage on their house just before making the decision to file for divorce.

For most of their assets, the classification of the property is clear. For example, Spouse #1 still has that account she opened prior to the marriage, and the only time she made a deposit into it during the marriage was to deposit the inheritance. The only time she made a withdrawal was to take out the down payment for the house. As such, that account likely will be classified as separate property. Similarly, the couple made numerous purchases during the marriage, including antique furniture and art. Those assets likely will be classified as marital property and subject to division.

But how will the inheritance be classified?

**How Are Inheritances Classified in a Divorce?**

Typically, separate property—meaning property that is not subject to distribution—includes any property that is acquired prior to the marriage, or is that acquired by gift or inheritance by only one of the spouses. As such, if Spouse #1 had gotten that inheritance and deposited it into a separate account (just like she did in the hypothetical scenario) but never made the withdrawal, that full inheritance would likely be classified as separate property. As it stands now, with the facts of the hypothetical scenario, the separate account containing what remains of the inheritance is still likely going to be classified as separate property. Inheritances typically are designated for a specific person or people, and as such a spouse usually is not entitled to assets inherited by the other spouse during the marriage.

Yet how will the down payment be classified? The inheritance has been “commingled” with marital property, making it more difficult to trace. Typically, the court will attempt to separate out the separate property (the inheritance) from the marital property (the value of the house). However, in some cases where tracing the separate property is too difficult or it has become too commingled with the marital property, the court may determine that the separate property has been transformed into marital property.

**Contact an Asset Division Lawyer in Chicago**

Do you have questions about dividing assets in divorce? A [Chicago asset division attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Divorce Lawyer

---

### [New Study Addresses the Most Common Reasons for Divorce](https://familylawadvocate.com/new-study-addresses-the-most-common-reasons-for-divorce/)

**Published:** March 20, 2019
**Author:** familylawadvocate

**Content:**

**New Study Addresses the Most Common Reasons for Divorce**

**By: M. Scott Gordon**

Many different researchers, in a wide variety of fields—from psychology and sociology to economics—have conducted studies on motivations for [divorce](https://familylawadvocate.com/divorce/). While some studies have commonalities, researchers across different fields tend to focus on varying issues involved in a person’s motivations for divorce. A recent study conducted by the National Center for Biotechnology Information (NCBI) seeks to provide a definitive list of the most common reasons that Americans [get divorced](https://familylawadvocate.com/divorce/).

To identify the most common causes for divorce, the researchers polled a large group of people who participated in a “prevention and relationship enhancement program” known as PREP, designed to help couples learn important skills necessary for a strong marriage prior to getting married. Those individuals involved in the study responded to surveys more than a decade after participating in PREP and filing for divorce. A [recent article](https://www.thisisinsider.com/why-people-get-divorced-2019-1) in Insider discusses the study, and provides a new list of the top reasons that people get divorced. We want to discuss some of those reasons below.

**1. Lack of Premarital Education**

Many of the people surveyed indicated that more information about how to manage a relationship could have prevented divorce, and that not understanding important methods for communication ultimately led to the deterioration of their relationships.

**2. Religious Differences Between Spouses**

A survey conducted by Pew shows that about 69 percent of married couples currently report that they share the same religion as their spouse. The recent study suggests that a religious difference between spouses was one of the more major reasons that couples decided to get divorced. In short, many couples in interfaith marriages end up filing for divorce, finding that they are “less happy than those in same-faith marriages.” When couples do not share religious faiths, they may feel that they are not moving on a similar path together. More significantly, they might not share cultural experiences or ideas related to certain faiths, and they may not share ideas for engaging in the world and for solving problems.

**3. Relationships with Immediate Family Members**

The article suggests that there is a gender divide when it comes to relationships with in-laws: men who have a close relationship with in-laws are less likely to get divorced, while women who have a close relationship with in-laws are more likely to get divorced. While those statistics may be affected by gender biases and assumptions, the underlying point is that a married person’s relationship with his or her in-laws can affect the marriage and whether it ends in divorce.

**4. Domestic Violence**

Domestic violence is not often discussed as much as it should be in connection with divorce, but both emotional abuse and physical abuse can play a major role in one spouse’s decision to file for divorce.

**5. Infidelity**

Many studies cite infidelity as a cause of divorce, and this study is no different. Nearly 60 percent of the people polled for the recent study cited infidelity or an extramarital affair as a deciding factor in filing for divorce.

**Contact a Chicago Divorce Lawyer**

In addition to the factors cited above, the study also reported that a general lack of commitment, difficulty communicating, financial problems, health problems, and substance abuse issues were all common causes for divorce in the U.S. If you have questions about filing for divorce, you should speak with a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce Lawyer

---

### [How to Appeal a Child Custody Order in Illinois](https://familylawadvocate.com/how-to-appeal-a-child-custody-order-in-illinois/)

**Published:** March 28, 2019
**Author:** familylawadvocate

**Content:**

**How to Appeal a Child Custody Order in Illinois**

**By: M. Scott Gordon**

In Illinois, family courts have a duty to make child custody decisions by applying the state’s [best interests of the child legal standard](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000). Despite their best efforts, courts do not make the correct decision in every case. Mistakes happen. Unfortunately, you may end up on the wrong side of an error.

You still have legal options available. In Illinois, you have the right to appeal a child custody order. Though, ***you only have a limited amount of time to take action.*** Here, our  [Chicago child custody appeals attorney](https://familylawadvocate.com/family-law/appeals/) provides an overview of the most important things that Illinois parents need to know about filing an appeal in a custody case.

**Strict Deadlines: You Must Take Immediate Action**

 Family law appeals start with the filing of a Notice of Appeal. Following a final order in a child custody case, parties have 30 days to submit their Notice of Appeal. To be clear, you are not required to file the entire appeal itself within this time frame. It is only the Notice of Appeal that must be filed within this strict deadline. If you fail to file it before the deadline expires, then the appellate court will be legally barred from hearing your case. The initial decision — even though it may be wrong or unfair — will be final.

**Note**: In certain circumstances, parties only have 14 days to appeal a custody decision. Specifically, temporary child custody orders that are made *before* the case itself is finalized are subject to a 14-day deadline for appeals. This is pursuant to [Civil Appeals Rules: Rule 306(b)](http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_III/artiii.htm#306).

 The Notice of Appeal Must Be Served on the Other Party**

 In addition to submitting a Notice of Appeal to the court, the appellant also has a duty to serve notice on the other party. Indeed, within seven days of filing your Notice of Appeal with the court, you should serve the other party. Your Chicago family appeals lawyer will ensure that your appeal is properly served and that all other procedural requirements are met.

**Understanding the Standard for Child Custody Appeals

When preparing a child custody appeal, it is important to remember you do not get to ‘redo’ the entire case. Parties to a custody appeal are not starting from scratch. Quite the contrary; a successful family law appeal requires pointing to a specific error made by the court. Appellate law is extremely complex. Parents considering appealing a child custody order should be sure to consult with a qualified Chicago family lawyer as soon as possible. Your lawyer will help you build the strongest case.

**Get Help From a Chicago Family Law Appeals Lawyer Today**

At Gordon & Perlut, LLC, we are committed to providing parents with legal guidance that is effective, aggressive, and affordable. Our Chicago child custody appeals lawyer has extensive experience handling challenging mistake in custody cases. To schedule a free, fully private review of your case, please do not hesitate to [contact our law firm](https://familylawadvocate.com/contact-us/) today. With an office in Chicago, we represent parents throughout Cook County, Illinois.

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### [What is the Process for Amending My Parenting Time Agreement?](https://familylawadvocate.com/what-is-the-process-for-amending-my-parenting-time-agreement/)

**Published:** April 9, 2019
**Author:** familylawadvocate

**Content:**

**What is the Process for Amending My Parenting Time Agreement?**

**By: M. Scott Gordon**

When you go through a divorce in the Chicago area and develop a [parenting time agreement](https://familylawadvocate.com/divorce/child-custody/) the court approves, you might feel anxious or concerned if it turns out that you need to amend your [parenting plan](https://familylawadvocate.com/divorce/child-custody/). However, there are many different reasons one or both parents might need to modify an existing parenting time agreement. In many situations, the process is relatively straightforward. Depending upon the reasons for the modification and the degree of the modification (how significantly you want to amend the agreement), there are different processes for getting the parenting time agreement changed.

Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) (IMDMA), there are a variety of situations for amending a parenting time agreement.

**Proposed Modification Reflects the Actual Arrangement**

What is the process for amending a parenting time plan when the proposed modification reflects the actual arrangement the parents and child have been using for the last six months or more? When the proposed modification reflects the actual arrangement and both of the parents agree to the modification, the court can simply amend the agreement – as long as the proposed modification is in the best interests of the child. With help from a family law attorney, this type of modification can be quickly completed.

**Minor Modification Request**

What about a situation in which one of the parents is seeking only a minor modification? For example, what is the process for amending a parenting time agreement if a parent wants to permanently shift the timetable for a particular holiday each year? The IMDMA makes clear that, in situations where the parent is requesting only a minor modification, as long as the modification is in the child’s best interests, the court will usually grant the request.

While a minor modification is not defined specifically under the IMDMA, a family law attorney in the Chicago area can help you to understand whether the amendment you are seeking looks more like a “minor modification” or a request based on a “substantial change in circumstances.”

**Substantial Change in Circumstances**

When there has been a substantial change in circumstances, then the process to modify an existing parenting time agreement is slightly different. The parent seeking the modification will need to show there has been a substantial change in circumstances and the change in circumstances “necessitates modification to serve the best interests of the child.” The IMDMA does not provide a precise definition for a substantial change in circumstances, and it is important to know if the modification less or more than 2 years since the entry of the Order you are seeking to change. However, a Chicago family lawyer can assess your case and help you to understand whether it will be necessary to show that a substantial change in circumstances necessitates a modification of the parenting time agreement.

**Contact a Chicago Parenting Time Lawyer**

If you need help amending or modifying a parenting plan or allocation judgment, an experienced [Chicago parenting time attorney](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Parenting Time Attorney

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### [Why Establishing Paternity is Essential for Fathers’ Rights](https://familylawadvocate.com/why-establishing-paternity-is-essential-for-fathers-rights/)

**Published:** April 16, 2019
**Author:** familylawadvocate

**Content:**

**Why Establishing Paternity is Essential for Fathers’ Rights**

**By: M. Scott Gordon**

[Fathers’ rights issues](https://familylawadvocate.com/fathers-rights/) are wide-ranging, covering matters of parental responsibilities, parenting time, child support and modifications of parenting plans and allocation judgments. With regard to fathers’ rights when we talk about parental responsibilities and parenting time, we often think about a parent’s rights and responsibilities during and after a divorce. Fathers’ rights issues also regularly impact unmarried parents. For fathers who never have been married to the child’s mother, the process of allocating parental responsibilities can be more complex. In some cases, paternity has not yet been established. We want to say more about why establishing paternity is essential for upholding [fathers’ rights in Chicago](https://familylawadvocate.com/fathers-rights/) family law cases involving allocation judgments and modifications.

**Understanding Illinois Law Definitions of the “Father”**

Under the Illinois Parentage Act of 2015 ([750 ILCS 46/](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59)), there are many different definitions concerning fatherhood. Clarifying these are important to explain why it is essential to establish paternity when seeking parental responsibilities. The following are some of the different ways the Act defines the father:

- Acknowledged father: is a man who has established a father-child relationship under Article 3 of the Act, which concerns voluntary acknowledgement of fatherhood or paternity;
- Adjudicated father: is a man who has been adjudicated by a court to be the father of the child; and
- Alleged father: is a man who alleges he is the biological father of the child, but paternity has not yet been established (an alleged father is not an acknowledged father and is not a man who has had his parental rights terminated)

**Eligibility for Parental Responsibilities and Parenting Time**

In order to be eligible for parental responsibilities and parenting time, a man must be defined under the law as a father of the child. In the above definitions, both an acknowledged father and an adjudicated father can be eligible for parental responsibilities and parenting time, but an alleged father must take steps to establish a parent-child relationship.

The Act specifically states a parent-child relationship is a term that refers to the “legal relationship between a child and a parent of the child.” The process of determining parentage, or establishing paternity, is necessary to establish a parent-child relationship, which gives the alleged parent legal rights.

Many unmarried fathers assume they will have rights when it comes to parenting, even if they never formally acknowledged fatherhood or paternity under Article 3 of the Illinois Parentage Act, or never underwent genetic testing to be adjudicated as a father of the child. In such scenarios, many fathers realize, in fact, they do not have legal rights to the child and instead fall into the classification of an “alleged father” in the definitions above. In such a situation, it is essential to establish paternity. Even if a father has paid child support in the past, that fact alone does not firmly establish parentage.

**Taking Steps to Establish Paternity**

In order to make clear an alleged father has a legal right to parental responsibilities and parenting time, it is often necessary for that man to undergo genetic testing in order to prove he is the biological father of the child. In other circumstances, it may be possible to prove the alleged father established a parent-child relationship through other means, such as by spending time with the child and paying child support over a period of time. An experienced lawyer can help with your case to establish paternity.

**Contact a Chicago Fathers’ Rights Attorney**

If you have concerns about parental responsibilities and parenting time due to questions about paternity or parentage, you should discuss those concerns with a [Chicago fathers’ rights lawyer](https://familylawadvocate.com/contact-us/) as soon as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with an advocate today.

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**Categories:** Defending Fathers Rights Chicago, Divorce Lawyer

---

### [How to Avoid Retirement Problems in a Gray Divorce](https://familylawadvocate.com/how-to-avoid-retirement-problems-in-a-gray-divorce/)

**Published:** April 24, 2019
**Author:** familylawadvocate

**Content:**

**How to Avoid Retirement Problems in a Gray Divorce**

**By: M. Scott Gordon**

Getting divorced should never mean you are unable to retire due to financial difficulties you would have avoided if you’d remained in an unhappy marriage. However, many people who decide to [file for divorce](https://familylawadvocate.com/divorce/) later in life worry a divorce will devastate their retirement savings and may force them to return to work. In other words, there are concerns a [gray divorce](https://familylawadvocate.com/divorce/) effectively can prevent a person from retiring. According to a [recent article](https://www.barrons.com/articles/gray-divorce-retirement-51551454226) in Barron’s, gray divorce — or divorce among older adults — does not have to mean you will have financial difficulties that will impede your retirement. While divorce can significantly affect a person’s finances, getting divorced later in life does not have to result in financial devastation.

The following are some tips for staying on top of finances during and after a gray divorce.

**1. Create a Detailed Budget That Includes Your Cash Flow**

As the article emphasizes, one of the first steps any person — regardless of age — should take when planning for a divorce is to analyze your cash flow to understand how much income you have coming in and how much you are spending. Once you get these numbers, you should compare them to the cash flow you grew accustomed to during your marriage. You will likely see you have less money coming in each month and that you will need to set aside more money for bills each month, since you will no longer be sharing those expenses with a spouse.

However, you may learn you can afford close to the same standard of living you experienced during the marriage, as long as you decrease your expenses, increase your income, or both. For recent retirees, reducing expenses may be the best way to remain in retirement and to live comfortably. If you plan to work for several more years before retiring, finding a way to earn more money or work additional hours can help you to be prepared for living in retirement.

**2. Consider How Divorce Will Impact Your Taxes**

It is also important to consider how your finances will be impacted by taxes after your divorce. You may lose certain deductions or other benefits after you file as single. However, if you are receiving alimony, you could end up with more money than you might expect. Under the Tax Cuts and Jobs Act, any divorce finalized on or after Jan. 1, 2019, results in alimony being taxable for the spouse paying it, while the spouse receiving it no longer has to count alimony as income for his or her taxes.

**3. Know the Amount of Your Retirement Savings and Plan Ahead**

If you have already gone through your divorce, you know how your retirement account may have been distributed between yourself and your spouse. As long as you have not yet retired, there is still time to plan ahead for retirement and to increase the amount of your retirement savings. Those 50-years and older can contribute up to an additional $6,000 in a 401(k) or other employer plan and up to $6,000 in an individual retirement account (IRA).

When it comes to dividing retirement assets, you should speak with an experienced attorney if you are still in the early stages of your divorce.

**Contact a Chicago Divorce Lawyer**

If you have questions about gray divorce, a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce Lawyer

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### [Do I Need a QDRO in My Divorce?](https://familylawadvocate.com/do-i-need-a-qdro-in-my-divorce/)

**Published:** May 1, 2019
**Author:** familylawadvocate

**Content:**

**Do I Need a QDRO in My Divorce?**

**By: M. Scott Gordon**

If you are thinking about [divorce](https://familylawadvocate.com/divorce/) and you know both you or your spouse have significant retirement benefits, you should anticipate that a significant portion—if not all—of those retirement benefits will be divided.  The retirement benefits earned during your marriage are classified as marital property and will be subject to division unless you have come to an agreement otherwise through a prenuptial agreement. In short, most retirement benefits earned during the marriage are considered to be property of the marriage under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) (IMDMA), which means they will be distributed between the spouses according to a theory of equitable distribution.

Like the money in a checking account or an automobile, retirement benefits cannot always be distributed as easily as other assets. Instead, you may need a Qualified Domestic Relations Order (QDRO) to remove assets from a retirement account without paying additional penalties. We want to say more about how a QDRO can be beneficial in a [Chicago divorce](https://familylawadvocate.com/divorce/).

**What is a QDRO?**

QDROs can be used for multiple purposes, but often are beneficial to couples getting divorced with retirement accounts. According to an [IRS fact sheet](https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-qdro-qualified-domestic-relations-order), a QDRO is “a judgment, decree, or order for a retirement plan to pay child support, alimony, or marital property rights to a spouse, former spouse, child, or other dependent of a participant.” The QDRO is required to contain certain information, including the following:

- Participant;
- Alternate payee’s name;
- Alternate payee’s last known mailing address; and
- Amount or percentage to be paid to each alternate payee.

A common type of retirement account for which a QDRO can be used is a 401(k). In order to be divided, most types of retirement accounts will require you to have a QDRO, but there are some exceptions. For example, an individual retirement account (IRA) does not require a QDRO. Then, if you have a retirement plan under the Illinois Pension Code, you will need something that is similar to a QDRO, but is state-specific: a Qualified Illinois Domestic Relations Order (QIDRO).

**Why QDROs are Beneficial in Divorces**

In order to take any money out of retirement accounts before the legal age of retirement, you will typically pay a 10 percent penalty for an early withdrawal. A QDRO allows you to avoid that early penalty if assets from the retirement account are distributed immediately through the divorce process.

However, just because you have a QDRO does not mean you will not be required to pay taxes on the withdrawn amount in the future. Typically, the owner of the assets pays taxes on them. For example, when retirement assets are transferred to the other spouse during divorce through a QDRO, the recipient will eventually be  responsible for the taxes. However, it is possible to avoid paying both the penalty and the tax (at this time) on retirement benefits if the recipient spouse rolls over the benefits into his/her own retirement account.

It is important to remember that rolling over benefits does not allow you to remove them at a later date without paying the penalty.

**Contact a Divorce Lawyer in Chicago**

If you have questions about QDROs and your divorce, a [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/) can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more.

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### [Who Pays for Summer Childcare Under the Income Shares Model?](https://familylawadvocate.com/who-pays-for-summer-childcare-under-the-income-shares-model/)

**Published:** May 9, 2019
**Author:** familylawadvocate

**Content:**

**Who Pays for Summer Childcare Under the Income Shares Model?**

**By: M. Scott Gordon**

Illinois law has changed when it comes to [child support](https://familylawadvocate.com/divorce/child-support/). Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm) (IMDMA), the state now uses an “income shares” model that takes into account the income of both parents when determining the total child support obligation. While Illinois courts tend to allocate parental responsibilities in such a way that both parents share parenting time—or spending physical time with the child and providing caretaking function—parents may not share parenting time equally, or 50/50. Accordingly, the income shares model allows courts to apportion [child support obligations](https://familylawadvocate.com/divorce/child-support/) based on the number of nights the child spends with each parent per year.

The total amount of time the child spends with each parent, including where the child spends his or her summer, can be a factor in determining who pays for summer childcare in the Chicago area. At the same time, if the parents anticipate a need for summer childcare when the court determines both parents’ child support obligations, the Court can set each parent’s obligation to pay for child care in addition to “regular” child support. And finally, if a summer childcare need arises after the divorce, a parent may be able to seek a modification. All of these issues can play a role in determining who pays for summer childcare. We will discuss each of them briefly.

**Determining Child Care Obligations Under the Guidelines**

If parents equally share parenting time, or come quite close to sharing parenting time, the court may determine there is no need to consider child care expenses separately – given each parent is responsible for child care expenses during the nights a particular parent has the child. Assuming both parents share parenting time over a child’s summer vacation, parents may simply each provide for those summer child care expenses during the overnights and there may be no need to deviate from the child support guidelines.

But what happens in situations where one parent typically has the child for a longer period of time over the summer, such as in family situations where one parent lives a great distance away? In such a case, the court may apportion the obligation to pay for child care based upon each parent’s income.

**New Child Support Model Allows Court to Consider Matters Like Childcare Expenses**

The statute expressly states courts can deviate from child support guidelines under a variety of conditions. One of those situations is where there are particular “child care expenses.” The statute clarifies that the court may also order the parents that owe a duty of support to contribute to the child care expenses of the child. The parent owing child care expenses can pay them directly to the other parent, or to the child care provider.

The statute defines child care expenses as expenses reasonably necessary to enable a parent to stay employed, to attend educational programs to improve employment opportunities, or to look for a job. When a court does deviate from the guidelines to consider child care expenses, the statute clarifies these expenses will be prorated in proportion to each parent’s share of combined income, and may be added to the basic support obligation.

In situations where there was not an initial need for child care expenses to be allocated, a parent can seek a modification of the child support obligations, asking the court to deviate from the guidelines in order to determine an appropriate amount of summer childcare.

**Contact a Chicago Child Support Lawyer**

If you have questions about childcare expenses or deviating from the guidelines, a [Chicago child support attorney](https://familylawadvocate.com/contact-us/) can discuss your situation with you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about our family law services.

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**Categories:** Childcare Support

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### [Should I Plan to Pay Spousal Support?](https://familylawadvocate.com/should-i-plan-to-pay-spousal-support/)

**Published:** May 15, 2019
**Author:** familylawadvocate

**Content:**

**Should I Plan to Pay Spousal Support?**

**By: M. Scott Gordon**

If you are considering divorce in the Chicago area, or are in the process of getting divorced, you may be asking yourself: Should I plan on paying [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/)? And if I should plan on paying [spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/), how much should I anticipate paying? And for how long will I need to provide these payments? These are important questions and the answers vary, depending upon a number of factors. In terms of the amount and duration of spousal maintenance, the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) (IMDMA) provides guidelines for determining how much alimony should be paid and for what period of time, provided that a couple earns less than $500,000 annually combined.

The question of whether spousal maintenance is appropriate is a question the court needs to decide before it even gets to the matter of amount and duration. Accordingly, you may be ordered to pay spousal maintenance, but your divorce attorney can discuss ways in which the court makes such a decision. Then, once you know whether you are likely to pay alimony, you can determine the probable amount and its duration.

**Step One: Determining Whether Spousal Maintenance is Appropriate**

In determining whether you should plan on paying spousal support, you should learn about factors the court considers when deciding whether spousal maintenance is appropriate in any given case. The decision of whether spousal maintenance is appropriate must be made before there are any determinations of amount or duration. The following are relevant factors for determining whether spousal maintenance is appropriate:

- Income of each of the parties;
- Property of each of the parties (including apportioned marital property and non-marital property);
- Needs of each of the parties;
- Any impairment of the present and future earning capacity of the party who would be required to pay spousal support;
- Amount of time necessary for the party seeking spousal support to acquire the necessary education or training to obtain an appropriate job;
- Effect of parental responsibilities on either parent’s ability to obtain and/or maintain employment;
- Duration of the marriage;
- Age, health, occupation, skills, and employability of each of the parties;
- All sources of income for each party;
- Tax consequences of spousal support for either party;
- Contributions of the spouse seeking maintenance to the other spouse’s education, training, or career;
- Valid agreement between the parties concerning spousal support; and
- Any other factors the court determines to be just and equitable.

Your lawyer can discuss these factors with you and can help you to make an educated assumption about whether you will need to pay spousal support.

**Step Two: Determining Amount and Duration**

If you earn less than $500,000 combined with your spouse, the guidelines provide for the following calculation of the amount of spousal support:

- Take 33 percent of your net income;
- Subtract 25 percent of your spouse’s net income;
- Remaining amount equals the amount of support you would pay annually (up to 40% of the total combined income).

The duration is usually based on the length of the marriage. The guidelines provide a formula for multiplying the length of the marriage by a percentage in order to determine the duration. For example, a five-year marriage is multiplied by .24, resulting in 1.2 years of support. A 10-year marriage is multiplied by .44, resulting in 4.4 years of support.

**Contact a Chicago Spousal Support Attorney**

Do you have questions about alimony or maintenance? A [Chicago spousal support lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to discuss your case with an advocate today.

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**Categories:** Divorce Lawyer, Spousal Maintneance

---

### [Study Addresses Effects of Divorce on Educational Achievements](https://familylawadvocate.com/study-addresses-effects-of-divorce-on-educational-achievements/)

**Published:** May 23, 2019
**Author:** familylawadvocate

**Content:**

**Study Addresses Effects of Divorce on Educational Achievements**

**By: M. Scott Gordon**

How does [divorce](https://familylawadvocate.com/divorce/) impact a child’s educational achievements? In other words, are children from divorced homes more likely to struggle in school than children from homes where both parents are married and living together? According to a [recent study](https://newsroom.ucla.edu/releases/divorce-effect-children-educational-achievement-not-constant) conducted by researchers at the University of California, Los Angeles, that question does not have a straightforward answer. In short, children who come from families that are less likely to get divorced, statistically end up seeing more negative effects on their educational achievements as a result of the divorce.

It is important for anyone in the Chicago area who is thinking about [filing for divorce](https://familylawadvocate.com/divorce/) to get in touch with a Chicago divorce attorney to learn more about options that can help you move toward a less contentious process.

**Older Studies Cite Impact of Divorce on Kids’ Educational Well-Being**

The UCLA study certainly is not the first to link divorce with effects on a child’s educational well-being. To be sure, previous researchers have suggested divorce does indeed impact a child’s educational achievements—sometimes in the short term in the months following a separation and divorce and sometimes in the years that follow. However, what the UCLA study newly reports is that the tie between divorce and a child’s educational achievements has to do with the socioeconomic status of the family and the initial likelihood that the parents’ marriage would have resulted in divorce.

To put it another way, while some people might assume children from lower socioeconomic households may be more likely to struggle with the effects of divorce—especially since divorce likely means even fewer resources now divided between two separate households—the UCLA researchers actually found the opposite to be true. It is the children who are at a “more advantaged socioeconomic status” who struggle more educationally with the divorce.

**Risk Factors for Divorce and the Effects on Children**

Generally speaking, a couple’s likelihood of getting divorced increases if both parties either did not attend or failed to finish college and if they got married at a young age. Those risk factors also are more likely to put you in a lower socioeconomic class. In most cases, couples who finish college and have professional or graduate degrees are more likely to wait until they are older and more secure to get married, therefore, are less likely to end up getting divorced. It is when these types of couples have children and ultimately end up getting divorced that the kids struggle the most.

Why would more socioeconomically advantaged children struggle with educational achievement after a divorce? According to the study, which was published in the Proceedings of the National Academy of Sciences, “divorce is just one of the many hardships disadvantaged families face, which makes the event less disruptive.” In other words, kids from families already financially struggling are more accustomed to life changes and difficulties and they may have learned coping mechanisms to prevent those life difficulties from affecting their educational achievements.

**Contact a Chicago Divorce Lawyer**

Do you have questions about getting divorced or how to manage divorce with minor children? An experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can discuss your situation with you and options for moving forward. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Do I Need Permission to Take My Kids on Vacation?](https://familylawadvocate.com/do-i-need-permission-to-take-my-kids-on-vacation/)

**Published:** May 30, 2019
**Author:** familylawadvocate

**Content:**

**Do I Need Permission to Take My Kids on Vacation?**

**By: M. Scott Gordon**

When parents are going through a divorce, or when the divorce is newly finalized, they often have questions or concerns about their [rights as parents](https://familylawadvocate.com/divorce/child-custody/) when it comes to issues like traveling with the children. Indeed, many parents ask the question: Do I need permission to take my kids on vacation? While the answer to this question might seem like it should be a straightforward one, it is actually more complicated, depending upon the facts of your case and your family situation.

**Do You Have a Parenting Plan or Allocation Judgment and Does It Address Vacations?**

If your divorce has been finalized and you have a [parenting plan](https://familylawadvocate.com/divorce/child-custody/) or allocation judgment in place under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000), chances are good that it addresses issues like vacations and what each parent’s responsibilities are when it comes to spending time with children on holidays. Given the intentional flexibility of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) when it comes to the allocation of parental responsibilities and parenting time, different families may deal with the question of vacations differently.

For example, one family might have a parenting plan in place that allows a parent to travel freely within Illinois or the U.S. during that parent’s parenting time. That same agreement might indicate the parent planning the vacation will inform the other parent if the plans involve international travel. Another family might have an allocation judgment that stipulates parents can only take the children on vacation within a specific mileage range from their resident (e.g., 100 miles), although this is not typical although some parents may agree to this limitation. Accordingly, you should refer to your parenting plan or allocation judgment when deciding whether you need permission to take your kids on vacation.

**Getting a Temporary Order Allocating Parental Responsibilities**

Even if your divorce is not yet finalized, or if you are in the early stages of planning for divorce, you can seek a “temporary allocation of parental responsibilities in the child’s best interests before the entry of a final allocation judgment,” according to the IMDMA. Whether you need to go before the court or have agreed to temporary terms with the other parent, you can address issues like vacations in the temporary order – if the vacation is likely to occur before the divorce is finalized.

**When You Do Not Have a Court Order in Place**

The short answer is having the other parent’s permission to take the kids on a vacation typically always is easier than doing so without permission. However, even if you do not have an order in place, a vacation in which you do not plan to leave the state of Illinois is less likely to present a problem.

If you are in the middle of a divorce, or are recently separated and have minor children from the marriage, if you do not have a court order in place—including even a temporary order—then you should seek permission to take the kids on vacation. If you are engaged in a contentious custody battle or are anticipating one, if you leave on a trip with your kids, the other parent might try to argue you are attempting to relocate out of state with the children or hide them. To protect yourself, even if you ask the other parent and he/she agrees, you should get that agreement in writing.

**Learn More from a Chicago Family Law Attorney**

Given that parental responsibilities can be complicated, even after the court issues an allocation judgment or the parents have a parenting plan approved, it is not surprising parents in the middle of a divorce process have questions about their rights and obligations with regard to their kids. If you have questions about parenting time, an experienced [Chicago family lawyer](https://familylawadvocate.com/contact-us/) can help you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to speak with an advocate today.

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### [How Property Division in a Divorce Can Be Complicated By Bitcoin](https://familylawadvocate.com/how-property-division-in-a-divorce-can-be-complicated-by-bitcoin/)

**Published:** June 5, 2019
**Author:** familylawadvocate

**Content:**

**How Property Division in a Divorce Can  Be Complicated By Bitcoin**

**By: M. Scott Gordon**

[Complex property division](https://familylawadvocate.com/divorce/property-division/) issues can arise in many different types of [divorce cases in Chicago](https://familylawadvocate.com/divorce/) and Illinois in various kinds of family law situations. One new issue you might not have considered recently is Bitcoin and how Bitcoin can make divorce proceedings even more complicated.

When a portion of a couple’s marital assets is Bitcoin, it can be difficult to determine how to value the property and, in some cases, to classify it properly – either as separate or marital property. Given how “anonymous” Bitcoin and other cryptocurrencies are designed to be, Bitcoin can also be a way in which one spouse can hide assets that can be difficult to locate.

We want to provide you with more information about some of the various ways in which property division in a Chicago area divorce can be complicated by Bitcoin.

**What is Bitcoin?**

In order to understand how Bitcoin gets divided in a divorce and how complications can arise, it is essential to understand this question: what is Bitcoin?

According to an [article in CNN Money](https://money.cnn.com/infographic/technology/what-is-bitcoin/index.html), Bitcoin is a new type of currency. It was created in 2009 by an anonymous person and for the last 10 years, people have been purchasing Bitcoin and using it to make purchase on the Internet. If you own Bitcoin, you can use it to book travel on the Internet, to make consumer purchases and even to buy games for Playstation or Xbox. In 2017, according to the article, “the price of Bitcoin skyrocketed into the thousands.”

Why would someone use Bitcoin instead of a credit card or cash? Bitcoin is what is known as a “cryptocurrency.” This is a kind of digital currency that allows individuals to make purchases anonymously and to do so without a bank. As an article from Discover clarifies, cryptocurrency is like money in that both are “a medium of exchange.” However, Bitcoin and other forms of cryptocurrency are not physical forms of money – they are entirely digital. What makes Bitcoin a “cryptocurrency” is that it “uses cryptography to secure and verify transactions.” Accordingly, it is also decentralized since there is no central bank to issue the currency.

**How Bitcoin Can Make a Divorce More Complicated**

There are many reasons Bitcoin can lead to more complicated property division in a Chicago area divorce, including:

- Bitcoin is difficult to trace, making it difficult to classify as separate or marital property in some cases;
- Bitcoin is difficult to value; and
- Bitcoin allows for anonymity, which also can result in one spouse using Bitcoin to hide assets.

 
An [article in Fortune](http://fortune.com/2018/02/26/bitcoin-divorce/) explains, “although parties have a duty to provide full disclosure of their assets in a divorce, the anonymous nature of cryptocurrencies potentially make them a safe haven for spouses wishing to hide their money from a warring partner.” In situations where one party fails to disclose information about Bitcoin holdings, tracking down the assets can be extremely complicated.

Even if a spouse is not attempting to hide assets through Bitcoin, just valuing it can be markedly difficult. The value of Bitcoin “can fluctuate wildly within the course of a divorce,” the Fortune article notes.

**Contact a Chicago Divorce Attorney**

Do you have questions or concerns about Bitcoin and your divorce? A [Chicago divorce attorney](https://familylawadvocate.com/contact-us/) can speak with you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [New Study Says the Financial Gender Balance Can Predict Divorce](https://familylawadvocate.com/new-study-says-the-financial-gender-balance-can-predict-divorce/)

**Published:** June 12, 2019
**Author:** familylawadvocate

**Content:**

**New Study Says the Financial Gender Balance Can Predict Divorce**

**By: M. Scott Gordon**

A new [MarketWatch](https://www.marketwatch.com/story/can-american-men-ever-be-happy-if-their-wives-earn-more-than-they-do-2019-04-29) examines the ways in which the “financial gender balance,” or the earning differences in heterosexual married couples, impacted their likelihood of [getting divorced](https://familylawadvocate.com/divorce/). As the article highlights, “when wives earn more than their husbands, some men just can’t handle it.” Indeed, in marriages where the wife earns significantly more than her husband over a longer period of time, there is a higher likelihood the marriage will end in [divorce](https://familylawadvocate.com/divorce/).

**More Wives Earn More Than Their Husbands Than Ever Before**

Data from the Bureau of Labor Statistics (BLS) shows “it’s increasingly common for wives to make more than their husbands.” To be sure, in approximately 38 percent of heterosexual marriages in the U.S., the wife earns more than the husband. In many of these marriages, the couple ends up behaving in ways that suggest a discomfort with the income disparity.

Most notably, figures from the U.S. Census Bureau show that, in marriages where the wife is the higher earner, self-reported data on income from the marriage does not match actual income. The couples, on average, report that the wife earns 1.5 percentage points less than her actual income and that the husband earns 2.9 percentage points more than the actual income. Although stereotypes about who earns more money—the husband or the wife—have only been stereotypes and have not reflected relationships in fact for a number of years, the data suggests that older biases still exist.

**How Husbands Can Perceive Finances and Control of the Family**

To be clear, for some couples where the wife is the higher earner or even the primary breadwinner, issues of gender discrimination and bias do not clearly make their way into the marriage. For many others, however, the fact that society continues to “put a higher value on husbands who earn more than their wives” takes a toll on the relationship. As the article underscores, “even in 2019, old-fashioned views on marriage prevail.”

For some husbands who earn less than their wives, they view income as part of a larger question about who controls the finances in the relationship and, thus, the family. For example, one husband cited in the article said his marriage suffered because “his wife did most of the planning and had the last word on managing their lives.” That individual went on to explain that “he only felt they could get back on an equal footing when he earned as much, if not more, than his wife.”

The bottom line appears to be this: Generally speaking, in current marriages where the wife earns more than the husband and does for a lengthy period of time, the marriage is more likely to end in divorce. There are many factors that play into this conclusion, from social and cultural assumptions about what makes a successful marriage to issues of ego.

**Learn More from a Divorce Attorney**

Regardless of your reasons for considering divorce, an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can discuss your case with you today. An advocate at our firm can explain how the divorce process in the Chicago area works and what your next steps might be. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Three Common Mistakes Parents Make Before a Custody Battle](https://familylawadvocate.com/three-common-mistakes-parents-make-before-a-custody-battle/)

**Published:** June 19, 2019
**Author:** familylawadvocate

**Content:**

**Three Common Mistakes Parents Make Before a Custody Battle**

**By: M. Scott Gordon**

If you are considering divorce in the Chicago area and have minor children from your marriage, you should be prepared for the complicated—and potentially contentious—[child custody](https://familylawadvocate.com/divorce/child-custody/) process. Under [Illinois law](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000), child custody is discussed in terms of “parental responsibilities” and “parenting time.” While these changes to the law were designed in part to make the child custody process more flexible and to highlight the importance of the parent-child relationship, custody cases can still be vexed. It is important parents avoid mistakes that could end up hurting their case.

While Illinois law allows parents to work together to develop a parenting plan in which they allocate [parental responsibilities](https://familylawadvocate.com/divorce/child-custody/), many parents simply cannot cooperate with one another. In these contentious cases where the court allocates parental responsibilities in an allocation judgment, it is important to avoid common mistakes. The following are examples of errors that could affect how the court makes its allocation judgment.

**1. Badmouthing the Other Parent**

When the court allocates parental responsibilities, it does so in a manner that is in the best interest of the child or children. Under the statute, one of the factors the court considers when determining what is in the best interests of the child is the ability of each parent to facilitate a close relationship between the other parent and the child.

If you consistently badmouth the other parent, the court may decide you have acted in a way that demonstrates an unwillingness to encourage a close relationship between your child and the other parent and it could affect how the court allocates decision-making responsibilities.

**2. Refusing to Work with the Other Parent in Any Capacity**

While Illinois courts do not expect divorcing parents will get along perfectly with one another, there is a need for parents to be able to work together to uphold the allocation judgment issued by the court. When the court decides how to allocate significant decision-making responsibilities, one of the statutory factors it considers is “the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making.”

If you refuse to work with the other parent, the court could determine it is not in the best interests of the child for you to share significant decision-making responsibilities.

**3. Avoiding Parental Responsibilities Until the Allocation Judgment**

When the court allocates parental responsibilities, the statute says it can consider “the level of each parent’s participation in past significant decision-making with respect to the child” when it comes to significant decision-making responsibilities.

In addition, in allocating parenting time, the court can consider the time each parent spent performing caretaking functions with respect to the child in the two years before the filing of any petition for allocation of parental responsibilities.

In other words, even if you are frustrated with the other parent, it is important to uphold your parental responsibilities in order to show the court you should share in both significant decision-making responsibilities and parenting time.

**Seek Advice from a Child Custody Attorney in Chicago**

When you are anticipating a difficult child custody case, you should always seek advice from an experienced [Chicago child custody lawyer](https://familylawadvocate.com/contact-us/). An advocate at Gordon & Perlut, LLC can provide you with more information about the allocation of parental responsibilities and can get started on your case today. [Contact us](https://familylawadvocate.com/contact-us/) to learn more.

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**Categories:** Child Custody

---

### [I'm Currently Paying Child Support - But Now I'm Hospitalized and Unable to Pay](https://familylawadvocate.com/im-currently-paying-child-support-but-now-im-hospitalized-and-unable-to-pay/)

**Published:** July 10, 2019
**Author:** familylawadvocate

**Content:**

**I’m Currently Paying Child Support – But Now I’m Hospitalized and Unable to Pay**

**By: M. Scott Gordon**

As anyone who recently went through a divorce with minor children knows, child support laws in Illinois have changed to reflect the “income shares” model in which both parents are responsible for providing support for the children. In other words, Illinois no longer operates on a system in which one parent (the “non-custodial parent”) makes child support payments to the other parent (the “custodial parent”). While this new model for calculating child support reflects other recent changes to Illinois law, it does not make it any less stressful when one of the parents temporarily loses the ability to contribute his/her portion of the support obligation.

We often speak with parents who have temporarily lost the ability to [pay child support](https://familylawadvocate.com/divorce/child-support/) and are concerned about what to do next. A common situation is when one parent is hospitalized and unable to pay child support and that parent does not know what actions he/she should take. Depending upon your circumstances, you may be able to seek a temporary or long term modification of your child support order.

**Modifying Child Support Under Illinois Law**

Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm) (IMDMA), an order for child support may be changed or modified “upon a showing of a substantial change in circumstances.” A substantial change in circumstances is not defined specifically under the statute, but the meaning certainly includes a major change in the parent’s life, which affects his/her ability to pay child support. In general, courts typically consider some of the following to represent a substantial change in circumstances:

- Parent loses his/her job through no fault of their own and cannot pay child support;
- Parent loses major source of income through no fault of their own and cannot pay child support;
- Parent becomes incarcerated and cannot pay child support; and/or
- Parent becomes ill or injured, and as a result, cannot work and therefore cannot pay child support.

When a parent willfully makes a choice to quit his/her job or takes another action to avoid having to pay child support, the court will not modify the order. However, when a parent did not intentionally or willfully take steps to avoid paying child support, that parent may seek a modification.

**Request a Modification When You Are Hospitalized**

If you have been hospitalized due to an illness or injury and cannot pay child support, you should speak with a Chicago area family law attorney about requesting a modification. Being hospitalized for a significant period of time, or having a long-term illness or injury, should qualify as a substantial change in circumstances. However, you will need to request a modification to your child support obligation. The court likely will need to see proof you currently are unable to pay child support and will want information about the probable time period for which you will be unable to pay.

In some cases, the court may temporarily modify the child support order, depending upon the specific circumstances of your case. For example, if you know you will be hospitalized and need eight weeks to recover, but then plan to return to work, the court may modify the child support order for a temporary time window. If your condition is likely to prevent you from paying child support for an extended period, you may be able to have the order permanently modified. If you do become able to pay again, it is important to know the child’s other parent can request a modification so you again are responsible for a portion of the child support obligation.

**Contact a Chicago area Child Support Lawyer**

If you need assistance modifying a child support order, a Chicago child support attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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**Categories:** Child Support

---

### [My Ex is Relocating with Our Child - Can I Stop Them?](https://familylawadvocate.com/my-ex-is-relocating-with-our-child-can-i-stop-them/)

**Published:** July 24, 2019
**Author:** familylawadvocate

**Content:**

**My Ex is Relocating with Our Child – Can I Stop Them?**

**By: M. Scott Gordon**

Going through a divorce is difficult under any circumstances. It can be particularly tough on all parties involved when there are minor children from the marriage. It can take weeks, months, and sometimes even longer to have an official allocation judgment (custody), which outlines parental responsibilities and parenting time. The prospect of changing the status quo can be upsetting for parents and children alike. However, we often work with families when one of the parents is planning a [relocation](https://familylawadvocate.com/divorce/children-removal-illinois/) after the divorce and wants to take the child with them. In many of these circumstances, the other parent wants to know: If my ex wants to relocate with our child, can I do anything to stop them?

There is no simple answer to this question. In some cases, the parent may be able to relocate. However, if the court determines relocation is not in the best interests of the children, then the court will deny that parent’s request to relocate. To understand more about how your own case may play out, it is important to learn more about how relocation works under [Illinois law](http://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm).

**Is Your Ex Actually Planning a “Relocation” Under Illinois Law?**

Your ex certainly may be planning to move with your child, but does it count as “relocation” under Illinois law? This is the first issue to consider if you want to stop the relocation. In short, if your ex simply plans to move, it may not be to a location far enough away to count as a “relocation.” If the move is not considered a relocation under Illinois law, there is not much you can do to stop it. The following situations are considered to be “relocation:”

- More than 25 miles away from child’s current primary residence if current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County;
- More than 50 miles away from child’s current primary residence is current primary residence is not in Cook, DuPage, Kane, Lake, McHenry, or Will County;
- More than 25 miles from child’s current primary residence and the new residence is outside the state of Illinois.

**You Can Object to the Relocation Notice from the Other Parent**

Under Illinois law, if your ex does plan to relocate, he/she must provide you with a notice that contains specific requirements under Illinois law. If your ex fails to provide you with the relocation notice within 60 days prior to the relocation and does not provide the appropriate information, the statute makes clear the court can consider that parent not to be operating in good faith and it can affect whether the court permits the parent to relocate.

If your ex (and your child’s other parent) does provide appropriate notice according to the statute, you do not have to sign it. In refusing to sign it, you can object to the relocation, requiring the court to determine whether the relocation is in the best interests of the child. If you object to the relocation, this will also force the other parent to file a petition seeking permission to relocate.

Once the parent seeking relocation files the petition, the court will look at factors governing what is in the best interests of the child to decide whether the relocation is appropriate. If the court decides the relocation is in the child’s best interests, your options are limited for preventing the move. However, you should always discuss your case with a family law attorney and should learn more about your options.

**Contact a Relocation Lawyer in the Chicago area**

If your ex is attempting to relocate with your child, you should get in touch with a Chicago relocation attorney as soon as possible. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about how we can help with your case.

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**Categories:** Relocation

---

### [How Illinois Fathers Can Prepare for Child Custody Hearings](https://familylawadvocate.com/how-illinois-fathers-can-prepare-for-child-custody-hearings/)

**Published:** July 31, 2019
**Author:** familylawadvocate

**Content:**

**How Illinois Fathers Can Prepare for Child Custody Hearings**

**By: M. Scott Gordon**

For any parent, going through a child custody case can be emotionally draining and frustrating. Yet given the social norms and assumptions that exist about childrearing, many fathers feel anxieties when preparing for child custody hearings. It is important for fathers in Chicago to know Illinois no longer uses the term “child custody,” but instead uses the terms “parental responsibilities” and “parenting time.” Under the [Illinois Marriage and Dissolution of Marriage Act (IMDMA)](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59), the changes to the law are designed to be more flexible for families and they can help fathers who want to be involved in making significant decisions about their child’s upbringing, in addition to spending time with their child and providing caretaking functions.

Even though Illinois laws have changed to reflect variations in family structures and situations, it is still important for fathers to prepare for child custody hearings. There are numerous steps and actions fathers can take. We have some advice below regarding preparing for your child custody hearing.

**1. Work with an Experienced Chicago Child Custody Lawyer**

When it comes to [child custody](https://familylawadvocate.com/divorce/child-custody/) or the allocation of parental responsibilities, you do not want to take a chance handling the case on your own. When it comes to child custody, it is more important than ever to hire an experienced family lawyer who can work with you to make the best case for sharing both significant decision-making responsibilities, as well as parenting time.

**2. Prepare Your Home for Your Child**

If you have been living separate and apart from the child’s other parent, you probably already have prepared your home for your child, making it another space in which your child feels at home with you. This means, if possible, having a separate bedroom for your child or children and ensuring the house has everything to allow you to meet all responsibilities associated with parenting time and providing caretaking functions.

**3. Ensure That You Meet Your Child Support Obligations**

Illinois law recently switched to a model of child support known as the “income shares” model. With the new model, both parents contribute to the child support obligation. It is extremely important to ensure you contribute your portion of the child support obligation as specified by the court. While the current child support obligation will only be temporary – until your divorce is finalized, you should make sure you abide by any current terms.

**4. Create a Proposed Schedule**

While your parenting time schedule will be developed either in conjunction with the child’s other parent in a “Parenting Plan” or will be determined in an allocation judgment issued by the court, it is a good idea to show you are thinking carefully about your obligations as a parent and have a schedule in mind that will allow you to share parenting time or, depending upon the circumstances, to have your child for more than 50 percent of the overnights during the year.

**5. Do Your Best to Work with the Other Parent**

While it may seem difficult or even impossible to work with your soon-to-be ex and the child’s other parent, most parents who are able to work collaboratively with their attorneys to develop a “Parenting Plan” ultimately feel in greater control of child custody issues. If you absolutely cannot come to an agreement with the other parent about the allocation of parental responsibilities, then the court will allocate parental responsibilities.

**Contact a Child Custody Lawyer in Chicago**

Do you have questions about preparing for your child custody hearing? An experienced Chicago child custody attorney can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today for more information.

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**Categories:** Child Custody Attorney

---

### [How Much Spousal Maintenance Am I Entitled to Receive?](https://familylawadvocate.com/how-much-spousal-maintenance-am-i-entitled-to-receive/)

**Published:** August 7, 2019
**Author:** familylawadvocate

**Content:**

**How Much Spousal Maintenance Am I Entitled to Receive?**

**By: M. Scott Gordon**

If you are planning to get divorced and earned substantially less than your spouse during the marriage, you probably have questions about spousal maintenance. Spousal maintenance—also known as spousal support or [alimony](https://familylawadvocate.com/divorce/spousal-maintenance/)—is calculated based on a formula for most people getting divorced in Chicago. However, if you are wondering how much alimony you are entitled to receive, it is important to understand that the answer to that question depends on several different factors. We will explain how various issues can impact the amount of alimony you may receive under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA).

**Are You Entitled to Receive Alimony at All?**

Before an Illinois court ever reaches the question of how much spousal maintenance you might be entitled to receive, the first question it asks is whether you are entitled to receive maintenance at all. In determining whether a spousal maintenance award is appropriate, the court looks at the following statutory factors cited in the IMDMA, among others:

- Income and property of each party;
- Needs of each party;
- Realistic earning capacity of each of the spouses;
- Effect of any parental responsibility arrangements and its effect on a party’s ability to seek or maintain employment;
- Standard of living established during the marriage;
- Duration of the marriage;
- All sources of public and private income;
- Tax consequences to each party; and
- Other factors determined by the court.

 
The court does not have to weigh these factors in any specific way. Instead, they can be weighed according to the specific facts of the case.

**Do You and Your Spouse Earn Less Than $500,000 Collectively?**

The next question regarding the amount of alimony you could receive concerns income. Do you and your spouse collectively earn less than $500,000 per year? If the answer is yes, then the amount of alimony you may be entitled to receive will be based on a formula (unless the court has good reason not to use the formula). Otherwise, the court does not need to use the formula for calculating maintenance and it can be more difficult to predict the amount.

**How Long Were You Married?**

The final question in determining the amount of spousal maintenance you may be able to expect depends upon the duration of your marriage. The total length of the spousal maintenance award is determined by using a formula based on the number of years married. For example, spouses married for less than five years will have the length of the maintenance award multiplied by 0.20. That number goes up slightly for each additional year married beyond five years. If you were married for 20 years or more, the court can use its discretion to award alimony for the same length as the marriage or even permanently.

**Contact a Chicago Spousal Maintenance Lawyer**

Do you want to learn more about how much alimony you may be able to receive? A Chicago spousal maintenance attorney can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to discuss your situation with a family law advocate.

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**Categories:** Spousal Maintneance

---

### [The Emotional Impact of Divorce: What to Expect in Your Divorce](https://familylawadvocate.com/the-emotional-impact-of-divorce-what-to-expect-in-your-divorce/)

**Published:** August 14, 2019
**Author:** familylawadvocate

**Content:**

**The Emotional Impact of Divorce: What to Expect in Your Divorce**

**By: M. Scott Gordon**

Deciding to file for divorce is a difficult decision – no matter what your circumstances might be. Even when you are anticipating an [uncontested divorce](https://familylawadvocate.com/divorce/), where you and your spouse agree to all terms of the divorce and you are not expecting to contest any issues, there are still numerous emotional issues likely to arise.

Whether you have been married for only a short time or for many years, you may experience a grieving process that comes with your divorce, along with various other emotions. According to an [article in the Huffington Post](https://www.huffpost.com/entry/the-emotional-stages-of-d_b_779816), the emotional stages of divorce can vary depending upon the person, but many people experience similar emotional stages during and after the divorce process.

**Dealing with the Trauma of Divorce**

An [article in Psychology Today](https://www.psychologytoday.com/us/blog/media-spotlight/201507/life-after-divorce) discusses the emotional effects of divorce and the assumption divorce always has a negative impact on all parties involved. To be sure, divorce often is a traumatic process for the spouses – as well as for children from the marriage. When divorce is traumatic, it can lead to some of the following emotional and physical impacts: “increased stress, lower life satisfaction, depression, increased medical visits and an overall increase in mortality risk compared to those who remain married.”

However, the article underscores that divorce does not necessarily have a negative emotional impact on everyone. For example, cultural differences can affect how a person views divorce, and affect assumptions a person makes about what it means to be divorced. Some research suggests that, even within similar cultures, “men and women experience marriage and divorce differently.” While these distinctions likely are socialized ones, it is worth noting that many couples who do experience stressful divorces in Western cultures, “the impact it has on later life satisfaction often depends on the kind of marriage people had before.” In other words, there may be an immediate negative impact of divorce, but many people thrive physically, socially and professionally once the initial sting of a divorce has passed.

**Divorce and the Stages of Grief**

For some, the emotional impact of divorce is not unlike going through the commonly discussed stages of grief. The *Huffington Post* article discusses the ways in which many people going through a divorce experience the following emotional impacts:

- Denial, or refusing to face the reality that your marriage is ending;
- Anger, including being angry at your spouse and others;
- Bargaining, or the stage at which a person “attempt\[s\] to repair and undo the damage done” to get his/her life back on track;
- Depression, which may be brief or long-term; and
- Acceptance, which can still involve emotions like anger, but is accompanied by an acceptance of the situation and a desire to move forward.

 
**Contact a Chicago Divorce Lawyer**

Whether you are just beginning to consider divorce and need advice, or if you need legal assistance with your current divorce, an experienced and compassionate Chicago divorce attorney at our firm can speak with you today about your legal needs. Our firm has years of experience handling a wide variety of family law matters arising out of divorce and we can begin working on your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to Chicago families.

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**Categories:** Divorce Lawyer

---

### [A Forensic Accountant Could Help Your Divorce](https://familylawadvocate.com/a-forensic-accountant-could-help-your-divorce/)

**Published:** August 20, 2019
**Author:** familylawadvocate

**Content:**

**A Forensic Accountant Could Help Your Divorce**

**By: M. Scott Gordon**

Property division in a Chicago divorce can be extremely complicated and incredibly contentious. In high net worth divorces, properly classifying marital assets and assigning appropriate values to those assets can be an intricate and sometimes convoluted process. This process only becomes more difficult when there are concerns one spouse is attempting to hide assets, or one spouse has not properly disclosed information about assets and liabilities. In numerous divorce cases involving complex property division, a forensic accountant could help your divorce.

We want to provide you with more information about forensic accountants and to discuss the various ways in which a forensic accountant may be helpful during your divorce process.

**What is a Forensic Accountant?**

When you hear a forensic accountant could be helpful in your divorce, you may be wondering: What is a forensic accountant? According to the [Forensic CPA Society](https://www.fcpas.org/about-us/what-is-a-forensic-accountant/), forensic accounting “is the specialty practice area that describes engagements that result from actual or anticipated disputes or litigation.” A forensic accountant has expertise in both accounting and auditing and has experience with financial investigation.

Forensic accountants frequently are hired in a variety of civil lawsuits, particularly those involving business and asset valuation, concerns about financial fraud and negligence claims in where it is necessary to quantify a person’s losses. Forensic accountants have particular experience drawing connections between accounting and legal matters. To be clear, while forensic accountants have similar accounting training to other types of accountants, they specialize in investigating financial situations, quantifying evidence and other information in lawsuits.

**Why Should I Work With a Forensic Accountant in My Divorce?**

Forensic accountants frequently are hired in high asset divorces and any divorce matter in which there are complex assets. For example, if a married couple owns a business together or own other intangible property, a forensic accountant can help with a valuation. In short, forensic accountants will go through a wide variety of documents and materials related to your finances before, during, and after your marriage. This typically involves investigating investments, bank accounts, credit card statements, tax returns, recorded property deed and other related materials.

The following are examples of situations in which a forensic accountant’s financial knowledge and investigative skills may be able to provide you with valuable resources:

- Valuing a jointly owned business;
- Assessing complex finances, such as stock options;
- Searching for hidden assets;
- Reviewing retirement accounts;
- Reviewing insurance policies;
- Determining whether there are inconsistencies in either spouse’s separate property or marital property.
- Accounting for tangible property of high value, such as antique furniture or an art collection;
- Appraising jointly owned real estate; and
- Providing clear data for determining the spouses’ personal expenses.

 
The information provided by a forensic accountant can help to classify property as separate or marital, can help to show the amount of spousal support is appropriate in a particular case, can help to value complex property and can prove assets were hidden to avoid property division.

**Contact a Divorce Attorney in Chicago**

If you have complex property, regardless of whether you will have a high net worth divorce, you should speak with a Chicago divorce lawyer about whether a forensic accountant may be able to help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Divorce Lawyer

---

### [What Responsibilities Are Involved in Parenting Time?](https://familylawadvocate.com/what-responsibilities-are-involved-in-parenting-time/)

**Published:** September 5, 2019
**Author:** familylawadvocate

**Content:**

**What Responsibilities Are Involved in Parenting Time?**

**By: M. Scott Gordon**

When parents split up — whether they are getting divorced or simply ending a relationship — and they have minor children, they will need to learn more about the [allocation of parental responsibilities](https://familylawadvocate.com/divorce/child-custody/). Rather than award child custody to one or both parents, courts instead allocate parental responsibilities according to the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000) (IMDMA).

Under the IMDMA, there are two major components of parental responsibilities: significant decision-making responsibilities and parenting time. Given that these terms are still relatively new to Illinois family law, they might not make immediately sense to parents who are going through a divorce. While parents might be able to conceive what is involved in significant decision-making responsibilities, the term “[parenting time](https://familylawadvocate.com/divorce/child-custody/)” can seem a bit more vague. We want to provide you with more information about what responsibilities are involved in parenting time.

**Defining Parenting Time Under the IMDMA**

Under the IMDMA, parenting time is considered time in which a parent is responsible for caretaking functions and non-significant decision-making responsibilities for the child.

Non-significant decision-making responsibilities might be imagined in opposition to significant decision-making responsibilities, the latter of which are defined as “deciding issues of long-term importance in the life of the child.” In general, significant decision-making responsibilities can include making decisions about a child’s education, a child’s health care and a child’s religious upbringing. Non-significant decision-making responsibilities tend to be any responsibilities that are not likely to have long-term importance in the child’s life, and generally are seen as day-to-day decisions.

In addition to making non-significant decisions, parenting time also includes providing caretaking functions takes up most of what is involved in parenting time.

**According to Illinois Law, What Are Caretaking Functions?

Caretaking functions, which are part of the parental responsibilities associated with parenting time, are defined by  the IMDMA as those that include interaction with a child or that direct the interaction with and care of a child offered by others.

The IMDMA provides numerous examples of caretaking functions. Some of those examples cited in the statute include the following:

- Managing a child’s bedtime and wake-up routines;
- Being attentive to a child’s personal hygiene needs;
- Providing discipline;
- Ensuring the child attends school;
- Supervising homework; and
- Ensuring a child attends medical appointments.

The statute cites additional caretaking functions, as well as more detailed descriptions of the caretaking functions cited above. In general, the examples listed above help to give a better understanding of what kind of caretaking functions make up the responsibilities associated with parenting time.

**Contact a Parenting Time Lawyer in Chicago

Do you have questions or concerns about parenting time and the allocation of parental responsibilities? An experienced [parenting time lawyer in Chicago](https://familylawadvocate.com/contact-us/) at our firm can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to get started on your case.

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**Categories:** Parenting Time Attorney

---

### [Asset Division: Dividing Art in Your Divorce](https://familylawadvocate.com/asset-division-dividing-art-in-your-divorce/)

**Published:** September 11, 2019
**Author:** familylawadvocate

**Content:**

**Asset Division: Dividing Art in Your Divorce**

**By: M. Scott Gordon**

In any divorce, but particularly in a high net worth divorce, a married couple may own valuable art or other collectibles that will need to be divided as part of the [asset division](https://familylawadvocate.com/divorce/property-division/) process. Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), any property that is classified as marital property is subject to division according to a theory of [equitable distribution](https://familylawadvocate.com/divorce/property-division/). This means all marital property will be divided between the spouses in a way that is “fair” to both of them, based on a number of different factors.

While some property is easy to value, property like paintings and sculptures can be especially difficult to distribute given the ways in which values fluctuate. An [article in ](https://www.wsj.com/articles/divorce-death-and-divvying-up-the-art-1411333013)[*The Wall Street Journal*](https://www.wsj.com/articles/divorce-death-and-divvying-up-the-art-1411333013) provides tips for dividing art in a divorce and we want to say more about ways of valuing and distributing a marital art collection.

1. **Inventory Your Artworks

The first and most important step you can take when you are planning for a divorce and know your art collection will be classified as marital property (and thus divisible) is to make an inventory (including photographs of the items). This list should provide as much information as possible, including descriptive information about each piece, as well as details about when and where you purchased the object, as well as the purchase price. Making an inventory can help to ensure neither spouse attempts to hide art works prior to the divorce. The inventory can also help you to think through which items are likely to be high-value objects and may need multiple appraisals.

2. **Have Your Art Works Appraised

Even if you have had your art collection appraised in the past, it is important to understand the market values for art works and other collectible items significantly fluctuate over time. Accordingly, you should have your works appraised shortly before the process of asset division. In many cases, it makes sense for each of the spouses to hire an appraiser and to split the difference in appraisal values. Or, when appraisal estimates are drastically different, it could be logical to get a third opinion for a particularly valuable item. If the spouses can agree to work with a single appraiser, that is also an option.

3. **Update Your Insurance and Estate Plans Once Art is Divided

Assuming you have your art insured and you have made plans for particular individuals or entities to inherit these pieces, it is important to update that information once asset division occurs. Depending upon which pieces you retain, you will need to update any insurance information (along with new appraisal information). You will also need to update any estate planning documents concerning the pieces that remain in your possession.

**Contact an Asset Division Attorney in Chicago**

Dividing art, as well as other high-value items, can be complicated in a divorce. However, a [property division attorney in Chicago](https://familylawadvocate.com/contact-us/) with experience handling high net worth divorces can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about the services we provide to clients in and around Chicago.

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**Categories:** Property Division Attorney

---

### [How Social Roles Affect Women’s Finances After Divorce](https://familylawadvocate.com/how-social-roles-affect-womens-finances-after-divorce/)

**Published:** September 19, 2019
**Author:** familylawadvocate

**Content:**

**How Social Roles Affect Women’s Finances After Divorce**

**By: M. Scott Gordon**

Social and cultural shifts in the last couple of decades have meant more women feel empowered to [file for divorce](https://familylawadvocate.com/divorce/) and to live separate lives from their partners. Also, more women are earning more than their spouses in heterosexual marriages. However, women continue to financially struggle after [divorce](https://familylawadvocate.com/divorce/). According to a recent study conducted by Allianz Life Insurance Company of North America, despite the fact more women are employed in full-time jobs and even running businesses, “women say they are struggling to make progress with financial confidence and decision making.”

That study, [*2019 Women, Money and Power*](https://www.allianzlife.com/about/news-and-events/news-releases/Women-Report-Steady-Decline-in-Financial-Confidence), suggests that many women are “experiencing a steady downward trajectory” in terms of finances. What can this study tell us about the relationship between social roles and finances after a divorce?

**More Women Own Businesses, Yet More Women Continue to Struggle Financially After a Divorce**

By 2017, more than 11.6 million businesses were owned by women, according to the [National Association of Women Business Owners](https://www.nawbo.org/resources/women-business-owner-statistics) (NAWBO). Those businesses generate approximately $1.7 trillion in sales and employ about nine million Americans. Of all privately held businesses, nearly 40 percent are owned and run by women. When it comes to particularly high-value businesses, as many as 20 percent of businesses that earn $1 million or more each year are women-owned companies. If more women are involved in business and finance than ever before — with many of them thriving — why are women still struggling with financial confidence after a divorce?

According to an [article in ](https://www.bloomberg.com/news/articles/2019-07-19/divorce-destroys-finances-of-americans-over-50-studies-show)[*Bloomberg*](https://www.bloomberg.com/news/articles/2019-07-19/divorce-destroys-finances-of-americans-over-50-studies-show), post-divorce financial problems hit older women the hardest. To be sure, “when women divorce after age 50, standard of living plunges 45 percent.” While older men who get divorced also see a dip in their standard of living, that standard of living declines on average only by 21 percent. For younger men, there is a “small or negligible effect of divorce on . . . incomes.”

**Despite Women Business Owners, Many Women Revert to Traditional Roles**

Although more women own businesses and run their own companies, more women are struggling financially after divorce. As we previously pointed out, many older women who get divorced experience the most drastic financial decline. Yet even younger women are reverting to traditional roles in marriages. When they get divorced, they also experience acute financial problems.

As the study explains, “fewer women say they are the breadwinner in their household” as of 2019. In 2019, only about 38 percent of women are the breadwinners in their families, compared with 47 percent of women in 2016 and 60 percent of women in 2013. Moreover, the study reports fewer women, on average, have more earning power now. In 2019, 42 percent of women report having more earning power than their spouses, compared to 50 percent in 2016 and 57 percent in 2013. The rate of women self-identifying as the CFO of the household also has declined.

In other words, even though more women own businesses, many other women are finding themselves in traditional roles where the husband is the primary earner (and thus the spouse most able to bounce back financially from divorce).

**Contact a Chicago Divorce Lawyer**

 If you have questions about finances and women’s divorce, a [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [Getting Divorced Faster and Easier: Learning More About Joint Simplified Divorce and Uncontested Divorce](https://familylawadvocate.com/getting-divorced-faster-and-easier-learning-more-about-joint-simplified-divorce-and-uncontested-divorce/)

**Published:** September 27, 2019
**Author:** familylawadvocate

**Content:**

**Getting Divorced Faster and Easier: Learning More About Joint Simplified Divorce and Uncontested Divorce**

**By: M. Scott Gordon**

When you are thinking about [filing for divorce in Chicago](https://familylawadvocate.com/divorce/), you probably want to get through the process as quickly and painlessly as possible. Some parties may be eligible for a faster and easier divorce. The first option is a “joint simplified divorce,” which is the easiest process for ending your marriage. It is only available to couples with no children who were in short-term marriages. There are numerous other requirements we will discuss. An uncontested divorce is not as basic as a joint simplified divorce, but it still allows the divorce process to go faster. Couples are eligible for an uncontested divorce under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)) when they agree to all terms of the divorce, from monetary issues to child custody matters.

**Getting the Basics: Eligibility for a Joint Simplified Divorce**

If you want to get divorced quickly, a joint simplified divorce likely is the fastest option. However, it is only available to couples in particular circumstances. Most significantly, you cannot get a joint simplified divorce if you have children from the marriage. In addition, you cannot be eligible for a joint simplified divorce if you have too much marital property. All the following must be true of the parties for you to be eligible for a joint simplified divorce:

- Agree to all terms of the divorce;
- Agree there has been an irretrievable breakdown of the marriage;
- Willing to file court forms together and appear in court together;
- One or both of the parties has been an Illinois resident for at least 90 days;
- Currently living separate and apart;
- Marriage lasted eight (8) years or fewer;
- Parties do not own real estate;
- Parties do not have joint retirement benefits;
- Neither party has individual retirement benefits worth $10,000 or more;
- No children from the marriage;
- Parties are not in the process of adopting a child together and neither party is pregnant;
- Total marital property totals less than $50,000;
- Neither party earns more than $30,000 per year before taxes;
- Parties do not collectively earn more than $60,000 per year before taxes;
- Neither party is dependent on the other for support;
- Agree to waive rights to spousal support; and
- Agree to divide all property acquired during the marriage worth more than $100.

**Uncontested Divorce Eligibility When You Cannot Get a Joint Simplified Divorce**

As you can see, the requirements for a joint simplified divorce are numerous and specific. As such, many people in Chicago are not eligible for a joint simplified divorce. However, ineligibility for a joint simplified divorce does not mean your divorce needs to be especially complex or contentious. Even if you are not eligible for a joint simplified divorce, you may be able to have an uncontested divorce. While an uncontested divorce is not as fast and straightforward as a joint simplified divorce, it can still save significant time.

An uncontested divorce has none of the requirements of a joint simplified divorce except one: the parties must agree to all terms of the divorce, including property distribution, spousal support, child support and the allocation of parental responsibilities. To be clear, the parties can have children from the marriage and can be high earners with substantial marital property from a long-term marriage. If they agree to all terms, a couple can get an uncontested divorce, which is much faster than a contested divorce.

**Contact a Chicago Divorce Attorney**

If you have questions about the timing of your divorce, a divorce attorney in Chicago can help. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today.

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### [Child Custody: Should We Let Kids Decide Where to Live?](https://familylawadvocate.com/child-custody-should-we-let-kids-decide-where-to-live/)

**Published:** October 2, 2019
**Author:** familylawadvocate

**Content:**

**Child Custody: Should We Let Kids Decide Where to Live?**

**By: M. Scott Gordon**

When you have made the decision to get divorced and have minor children from your marriage, the matter of [child custody](https://familylawadvocate.com/divorce/child-custody/) can be a contentious and daunting one. If your children are slightly older and are voicing a preference for where they want to live, should you let the kids decide? Or, even if you do not want to let your kids make that decision, how much should you consider your child’s preferences if you are creating a parenting plan that involves the allocation of parenting time?

In the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)), the statute makes clear the court can consider the child’s preference in certain circumstances in determining what is in the best interests of the child. When it comes to parenting time, we want to say more about child custody and the ways in which a child’s preferences might play an important role.

**Allocating Parenting Time and a Child’s Preference**

As you may know, Illinois law no longer awards child “custody” but instead “allocates parental responsibilities”. One of the parental responsibilities that gets allocated is parenting time, which was formerly known as physical custody or visitation. There are two ways parenting time can be allocated: Through a parenting plan developed by the parents and approved by the court, or through an allocation judgment issued by the court when the parents cannot come to an agreement. Even when the parents develop a parenting plan themselves, it must be in the best interests of the child for the court to approve and must use the same standard the court uses in developing the terms of an allocation judgment.

Where does a child’s preference for where he/she lives come into play? The IMDMA makes clear with more than two dozen factors that can be considered in determining what is in the best interests of the child. One is “the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time.” But how much weight should this factor carry? And can it be the prevailing concern when parents develop a parenting plan, or a court allocates parenting time?

**Psychologists Suggest a Child’s Preference Should Play a Major Role**

While the child’s preference may be only one of numerous factors that can be considered in deciding where the child lives most of the time, some psychologists suggest the child’s preference should carry more weight. According to an [article in ](https://www.psychologytoday.com/us/blog/insight-is-2020/201211/divorced-parents-kids-should-decide-where-they-livecustody)[Psychology Today](https://www.psychologytoday.com/us/blog/insight-is-2020/201211/divorced-parents-kids-should-decide-where-they-livecustody), parents can help to ease a child’s anxiety and distress after a divorce by taking into account how the child “feel\[s\] about the assigned living arrangements.”

As the article explains, children who are reaching adolescence or are teenagers benefit from having some control over their lives. Accordingly, “if a child . . . doesn’t particularly want to live with one of the parents, the child will become resentful and potentially act out.” But you should not, on the other hand, put your child in the middle. Let them feel free to speak with a therapist about these issues.

**Contact a Chicago Child Custody Attorney**

If you have questions or concerns about the allocation of parenting time, Chicago child custody attorney can assist you. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Child Custody Attorney

---

### [How Will the Court Divide My Pension in a Divorce?](https://familylawadvocate.com/how-will-the-court-divide-my-pension-in-a-divorce/)

**Published:** October 9, 2019
**Author:** familylawadvocate

**Content:**

**How Will the Court Divide My Pension in a Divorce?**

**By: M. Scott Gordon**

When you are [getting divorced in Chicago](https://familylawadvocate.com/divorce/), the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086)) requires all marital property be divided according to a theory of equitable distribution. What this means is any marital assets and debts will be divided between the couples in an equitable manner based on specific information about the marriage and each spouse’s role in the relationship. Often, [pension division](https://familylawadvocate.com/divorce/property-division/) will come up in a Chicago divorce. Given that many individuals who are married contribute to their pensions during the marriage, at least a portion-if not all-of a pension will be classified as marital property and subject to distribution.

However, you cannot simply distribute a pension the same way you can distribute the funds in a bank account. Instead, you need to have a specific kind of legal document for dividing the pension.

**QDROs and Pension Plans from Private Employers**

What is a pension plan, and who provides yours? As an [article in The Balance](https://www.thebalance.com/what-is-a-pension-and-how-do-you-get-one-2388766) explains, a pension is “a type of retirement plan that provides monthly income in retirement.” While many employers do offer pensions, not all employers do. Typically, government organizations will offer pensions, and many larger private companies offer pensions to employees. Whether you have an Illinois government pension or a pension from a private employer will determine what you need to divide your retirement account in your divorce.

If your pension is through a private employer, then you will likely need a Qualified Domestic Relations Order, or QDRO for short. Typically, you cannot take money from a pension plan before the age of retirement without incurring a 10 percent penalty. A QDRO is a legal document allowing dividing the pension as ordered by the Court.

**Government Pensions and QILDROs in Illinois**

When the pension is through a government organization, then you may need a specific type of legal document that is like a QDRO. To divide State Employees’ Retirement System of Illinois (SERS) pensions (for example), you will need to get a Qualified Illinois Domestic Relations Order, or a [QILDRO](https://www.srs.illinois.gov/PDFILES/QILDRO/QILDRO_06.pdf). Like a QDRO, the QILDRO is used to transfer SERS retirement benefits to an alternate payee in a Chicago divorce.

It is important to work with a Chicago property division lawyer when you need a QDRO or QILDRO. To get a QILDRO, a person getting divorced must obtain benefit information from SERS and provide it to the court. This needs to be done 60 days before a court date and planning for a QILDRO usually happens two or three months before a court date is set for an Illinois court to enter a QILDRO.

**Contact a Lawyer in the Chicago area**

Dividing pensions in an Illinois divorce can be extremely complicated. A Chicago pension division lawyer can answer your questions today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about how we can assist you.

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**Categories:** Pension Division Attorney

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### [Interim Attorney’s Fees in a Chicago Divorce](https://familylawadvocate.com/interim-attorneys-fees-in-a-chicago-divorce/)

**Published:** November 5, 2019
**Author:** familylawadvocate

**Content:**

**Interim Attorney’s Fees in a Chicago Divorce**

**By: M. Scott Gordon**

When spouses are considering [divorce](https://familylawadvocate.com/divorce/information/), some of the most pressing concerns often involve matters of property division, spousal support and child custody. The question of attorney’s fees is also important to consider. When one spouse has the financial earning power to pay for an experienced and well-regarded family law attorney in the Chicago area and the other spouse cannot afford to pay for a lawyer, the court may order the other spouse to pay interim attorney’s fees to other attorney under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) (IMDMA). We will give you more information about how interim attorney’s fees are considered by Illinois courts in a [Chicago divorce](https://familylawadvocate.com/divorce/information/) and the surrounding suburbs.

**What Are Interim Attorney’s Fees?**

 The IMDMA defines interim attorney’s fees and costs as fees assessed while a case is pending, in favor of the petitioning party’s current attorney, for reasonable costs incurred or that will be incurred in the future.

In other words, interim attorney’s fees in a divorce cover the costs of a lawyer, while a party is involved in a divorce case. The language of the statute clarifies that a party can seek interim attorney’s fees to cover costs that he/she will incur in the future, as well as costs he/she already has paid to a lawyer.

**How to Seek Interim Attorney’s Fees**

In order to get interim attorney’s fees, the party seeking them must file a petition for interim attorney’s fees and costs. Even if there is a clear disparity in earnings between the parties, the court will not consider the issue of interim attorney’s fees unless one of the parties specifically seeks them by filing a petition. That petition must provide information about the relevant factors for awarding interim attorney’s fees provided by the IMDMA. When one party files the petition, the other party (from whom interim attorney’s fees are being sought) must file a responsive pleading and disclose what they have been paid.

When the court decides whether to award interim attorney’s fees and costs, it considers a wide variety of factors cited by the IMDMA, which include the following, among a number of others:

- Income and property of each party;
- Needs of each party;
- Realistic earning capacity of each party;
- How much each attorney has been paid (and billed) so far;
- The access of both parties to relevant information; and
- Any other factor the court expressly finds to be just and equitable.

In most situations, interim attorney’s fees are sought in cases where the spouse petitioning for interim attorney’s fees will also be seeking spousal support.

**Seek Advice from a Chicago Divorce Lawyer**

Divorce law is complicated in Illinois. It is extremely important to work with an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/) to learn how interim attorney’s fees might become an issue in your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about how we can assist with your Chicago area divorce.

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### [Estate Planning Updates After Divorce](https://familylawadvocate.com/estate-planning-updates-after-divorce/)

**Published:** November 15, 2019
**Author:** familylawadvocate

**Content:**

**Estate Planning Updates After Divorce**

**By: M. Scott Gordon**

Whether you recently got [divorced](https://familylawadvocate.com/divorce/information/), are in the middle of a [divorce](https://familylawadvocate.com/divorce/information/), or considering divorce, it is important to think about how divorce will impact other aspects of your life. When you get divorced, you should also consider making updates to your estate planning. Chicago area residents of all ages should have an estate plan, including a will and [advance directives](http://www.dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives) concerning healthcare and decision-making in case you become incapacitated. Estate planning also involves matters concerning beneficiaries for insurance purposes. Given the ways in which a married couple’s lives are usually very intertwined in the estate planning process, a divorce means it is time to take a close and fresh look at a variety of documents and to make changes to your estate plan.

An [article in ](https://www.forbes.com/sites/christinefletcher/2019/01/08/9-things-you-need-to-know-about-estate-planning-after-divorce/#152ac6543e31)[*Forbes*](https://www.forbes.com/sites/christinefletcher/2019/01/08/9-things-you-need-to-know-about-estate-planning-after-divorce/#152ac6543e31) discusses some of the estate planning updates you should make after a divorce. We want to address some of those changes and provide you with a list of updates you should consider once your divorce is finalized.

**Change Your Will**

The first document you should change as soon as possible after your divorce is your will. For most Chicago area residents who are married, a spouse is the beneficiary of most separate property and specific assets in the event of death. However, once you are divorced, it is unlikely you want your ex-spouse to inherit some of your most cherished belongings or other financially valuable assets. Instead, you probably want to ensure your children or other family members will be able to inherit those items. To make sure your spouse is not still the person who will inherit your property, you should work with a lawyer to quickly make legal changes to your will that will be upheld.

**Reconsider Your Advance Directives

In Illinois, there are four types of advance directives. As the Illinois Department of Public Health explains, an advance directive is a statement you prepare that describes how you want medical decisions to be made in the future, if you are not able to make them yourself. The four types of advance directives in Illinois include the following:

- Healthcare power of attorney, which names another person who can make health care decisions for you in the event you are unable to do so yourself;
- Living will, which states what your healthcare preferences are, especially for things like life-saving treatment, if you are unable to communicate or make such a decision for yourself;
- Mental health treatment preference declaration; and
- Do-Not-Resuscitate (DNR)/Practitioner Orders for Life-Sustaining Treatment (POLST), which can clarify whether you want to be resuscitated.

While some of these advance directives may not need to be changed, like many married people, you probably named your spouse as your healthcare power of attorney. You will want to make new decisions about naming someone to perform this task.

**Changing Beneficiaries

A divorce also means you should reconsider who you have listed as beneficiaries on your life insurance policy and other related policies. In most cases, married couples name their spouse as the beneficiary. Once you are divorced, this plan probably will change.

**Contact a Chicago Divorce Attorney for More Information

To learn more about updating your estate planning documents after a divorce, you should speak with a [Chicago divorce attorney](https://familylawadvocate.com/contact-us/). An advocate at our firm can talk with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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### [Pros and Cons for Divorce Before and After the Holidays](https://familylawadvocate.com/pros-and-cons-for-divorce-before-and-after-the-holidays/)

**Published:** November 25, 2019
**Author:** familylawadvocate

**Content:**

**Pros and Cons for Divorce Before and After the Holidays**

**By: M. Scott Gordon**

As the holiday season approaches, many people in the Chicago area who are considering [divorce](https://familylawadvocate.com/divorce/information/) are wondering whether it makes more sense to [file for divorce](https://familylawadvocate.com/divorce/information/) before or after the holidays. Numerous considerations exist for both, especially when you have children with your spouse. In some ways, it might seem easier to file for divorce before the holiday season begins so your family members and friends can process the information and still find ways to enjoy the season. At the same time, it also might seem easier simply to wait until after the holidays to separate from your spouse.

An [article in the ](https://www.huffpost.com/entry/should-i-file-for-divorce_b_2326092)[*Huffington Post*](https://www.huffpost.com/entry/should-i-file-for-divorce_b_2326092) discusses some of the benefits and limitations of divorce before and after the holidays and we want to share those with you so you can make an informed decision about whether to file for divorce before the holiday season or wait until the holiday festivities have ended to begin working with a divorce lawyer on your case.

**Filing for Divorce Before the Holidays: What Are the Pros and Cons?

There are benefits and limitations to filing for divorce before the holidays. The following are some “pros” you might consider:

- You will not have to spend another holiday with your spouse, especially if you are having difficulty even being in the same room as him/her;
- You will not have to spend another holiday with your in-laws, particularly if your in-laws are difficult to be around;
- You can begin the waiting period sooner that is required to have a “no fault” divorce in Illinois under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000) (IMDMA); and
- You will not have to buy a gift for your spouse or accept a gift you do not want.

Some of the limitations of filing for divorce before the holidays might include:

- You could risk spoiling the holidays for your child;
- You could upset friends and family members who want to enjoy the holiday season;
- If you have kids, you will need to figure out a parenting plan over the holidays;
- You may need to cancel enjoyable holiday plans you made as a family.

**Filing for Divorce After the Holidays: What Are the Pros and Cons?

The pros and cons of filing for divorce after the holidays track with the benefits and limitations we discussed above. Some of the benefits of waiting to file might include:

- You will not risk ruining the holiday season for your children, or for other family members and friends;
- You can still take the family vacation you have planned; and
- You will not need to deal with the complications of sharing your children over the holidays.

Some limitations of waiting to file for divorce can include:

- Waiting longer to separate can mean a longer waiting period before your divorce can be finalized;
- You will need to spend another holiday with your spouse;
- You may need to spend another holiday with your in-laws; and
- Keeping up appearances may become especially difficult or upsetting if you are in the process of planning for divorce.

**Contact a Divorce Lawyer in the Chicago area

Even if you are only considering divorce at this stage, it is important to begin working with a dedicated [divorce lawyer in Chicago](https://familylawadvocate.com/contact-us/). Planning for a divorce can be complicated. It is important to have an experienced advocate on your side as soon as possible. Whether you want to file for divorce quickly or want to wait until after the holiday season, an attorney at our firm is here to help with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information about how we can assist you.

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**Categories:** Divorce during the Holidays

---

### [Can I Have Extra Parenting Time Around the Holidays?](https://familylawadvocate.com/can-i-have-extra-parenting-time-around-the-holidays/)

**Published:** November 29, 2019
**Author:** familylawadvocate

**Content:**

**Can I Have Extra Parenting Time Around the Holidays?**

**By: M. Scott Gordon**

If you are in the process of separating from your spouse, or if you are in the middle of a divorce case and have minor children from the relationship, the prospect of reaching an agreement about [child custody](about:blank) can seem daunting. Under the [Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA), courts do not award child custody to one or both parents, but rather they “allocates parental responsibilities.” Those parental responsibilities are made up of significant decision-making responsibilities and [parenting time](about:blank).

Parenting time is defined as the “time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” In other words, parenting time is the time a parent physically spends with a child. When the winter holidays are near, or when a child’s summer vacation from school approaches, the issue of parenting time can be a complicated and contentious one. You might be wondering: Can I have extra parenting time around the holidays? The answer to this question depends on several different factors that are particular to your situation. We will say more about whether extra parenting time around the holidays is possible and what would need to occur for it to happen.

**Extra Parenting Time Needs to Be Official**

The first thing to know and keep in mind is that any seemingly “extra” parenting time needs to be official. To be clear, even if one parent does spend more or “extra” time with the child during a holiday season, that additional parenting time needs to be part of an allocation judgment or parenting plan to be enforceable.

If an allocation judgment or parenting plan does not allocate extra time for one parent around the holidays and that parent tries to take the child on a vacation, the other parent can block it because it was not awarded. The other parent can ask the court to enforce the allocation judgment and the parent can face consequences for violating the order.

**When the Parents Agree to a Parenting Time Schedule in the Parenting Plan

How can you make extra parenting time around the holidays official? The easiest way to do this is to reach an agreement with the other parent and to include this parenting time in the parenting plan. When parents can reach an agreement about how parenting time will be allocated, the court will agree to it — if the arrangement is in the best interests of the child. Accordingly, if you want to have extra time with your child around the holidays, you may be able to work with the other parent to include this within the parenting plan. Keep in mind, you may need to give up parenting time at another point in the year to make up for the other parent’s lost time around the holidays.

For many parents who celebrate the same holidays, a parenting plan will include an allocation of parenting time in which parents alternate extra parenting time around the holidays every other year.

**Courts Can Allocate Parental Responsibilities

If you cannot reach an agreement with the other parent, you may be able to demonstrate to the court that extra parenting time around the holidays is in your child’s best interest. Your lawyer can discuss your options with you.

**Contact a Chicago Parenting Time Lawyer**

Do you have questions about seeking additional parenting time during the holidays or developing a parenting plan that considers holidays and vacations? A [Chicago parenting time attorney](about:blank) can assist you. [Contact Gordon & Perlut, LLC](about:blank) today.

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**Categories:** Parenting Time

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### [Debt Division in a Divorce: What Do You Need to Know?](https://familylawadvocate.com/debt-division-in-a-divorce-what-do-you-need-to-know/)

**Published:** December 4, 2019
**Author:** familylawadvocate

**Content:**

**Debt Division in a Divorce: What Do You Need to Know?**

**By: M. Scott Gordon**

Anyone who is considering divorce in Chicago or the Chicago area should know how property division works and what to expect when it comes to the division of marital assets and marital debt. Under the [Illinois Marriage and Dissolution of Marriage Act](about:blank) (IMDMA), all marital property gets divided based on a theory of “equitable” distribution. While most people are thinking about assets when they consider how the [property division](https://familylawadvocate.com/divorce/property-division/) process will play out, it is important to consider the role marital debt plays in this part of any divorce. Like marital assets, marital debt also gets divided between the spouses in a manner the court decides is equitable, based on a variety of statutory factors.

We want to provide you with some more information about debt division in a divorce and what you need to know as you go forward with your divorce case.

**Classifying Debt as Separate or Marital Property**

First, and most importantly, the court will need to classify debt either as separate property or marital property before it determines whether it needs to divide that debt in the divorce. Just like assets, debt acquired before the marriage is usually considered separate property, while debt acquired after the date of marriage typically is considered marital property (and thus will be divided).

However, there are exceptions. If the parties have a prenuptial agreement, which clarifies how debt will be handled in a divorce, or how particular debt will be classified, the court will uphold the terms of the agreement if they are enforceable under Illinois law. Another possible exception is when debt is commingled. Although we often think about commingled property as one spouse combining separate assets with marital assets, debt can also become commingled. For instance, if one spouse accrued significant debt prior to the marriage but the couple set up a joint credit card account and transferred that debt into that new card, the classification of that debt might not be so clear, especially if new post-marriage debt is added to the card.

**Dividing Debt According to What is Equitable to Both Parties**

Just as the court looks at multiple statutory factors to decide how assets should be distributed, it will look at those same factors to determine how debt should be distributed between the spouses in such a way that is fair to both. Some of those statutory factors include but are not limited to:

- Income of each party;
- Separate property of each party;
- Needs of each party;
- Realistic earning capacity of each party; and
- Standard of living established during the marriage.

**Contact a Divorce Attorney in Chicago**

Property division can be very complicated, especially when there are significant assets or significant debts in a marriage. In some cases, if there is such a substantial amount of debt that both parties in the marriage may consider filing for bankruptcy individually once the divorce is finalized, it could make more sense to file for bankruptcy jointly prior to filing for divorce. This could make the process of property division easier for both spouses.

An experienced [Chicago divorce attorney](https://familylawadvocate.com/divorce/) can go over the details of your situation with you and help you to decide how to proceed with your divorce. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to learn more about our services.

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**Categories:** Debt Division Attorney

---

### [What to Know About Guardian Ad Litems](https://familylawadvocate.com/what-to-know-about-guardian-ad-litems/)

**Published:** December 11, 2019
**Author:** familylawadvocate

**Content:**

**What to Know About Guardian Ad Liems**

**By: M. Scott Gordon**

If you are going through a complicated [family law](https://familylawadvocate.com/family-law/) matter and a minor child is involved, you will likely need to learn more about the role a Guardian Ad Litem (GAL) may play in your case. While a GAL can also play a role in cases that do not involve children (such as those involving adults with disabilities), questions about the role of the GAL often arise in family law cases where there are contentious issues involving a minor child. We often work with clients who have a variety of questions about Guardians Ad Litems, so we want to give you more information about GALs and how they work in legal cases involving families.

**What is a Guardian Ad Litem?**

When it comes to GALs in family law cases involving minor children, Illinois law has particular information concerning the representation of a child. According to the statute (750 ILCS 5/506), the court may appoint an attorney to serve in a capacity as a representative of the child in proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a minor or dependent child. Under the statute, a representative of the child may include one of the following:

- Attorney;
- Guardian Ad Litem; or
- Child Representative.

The statute clarifies the GAL’s role is to determine what is in the best interests of the child and then to “testify or submit a written report to the court regarding his/her recommendations in accordance with the best interest of the child.” All parties in the case will get a copy of the GAL’s report. The GAL also can be asked to testify in a family law matter concerning his/her recommendations in their report. To create the report, the GAL investigates the specific facts of the case and the GAL also conducts interviews with the child and any other relevant parties.

**How Does a GAL Get Appointed?**

According to the language of the statute, a GAL can be appointed in different ways:

- Court can appoint the Guardian Ad Litem on its own; or
- One of the parties can make a motion to have a GAL appointed.

**Is There a Difference Between a GAL and a Child Representative?**

Given that a GAL is a trained lawyer, it can be difficult to understand the distinctions the law draws among a child’s attorney, GAL and child representative. When a child has an attorney appointed, the attorney serves as an advocate for the child and provides legal counsel to the child. This is different from what the GAL does, which is investigating the facts of the case as a third-party to determine what is in the child’s best interest, and to testify in Court.

What about the distinction between a GAL and child representative under Illinois law? Under the statute, the child representative and GAL both conduct investigations, but the child representative as defined by the statute does not issue a recommendation or report to the court (like the GAL does) and cannot be called as a witness (while the GAL can).

**Seek Advice from a Family Law Attorney About Guardians Ad Litem in Your Case**

Do you have questions about the Guardian Ad Litem role? A [Chicago family lawyer](https://familylawadvocate.com/) can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

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**Categories:** Guardian Ad Litems

---

### [Divorce and Frozen Embryos: What Happens in a Chicago Divorce?](https://familylawadvocate.com/divorce-and-frozen-embryos-what-happens-in-a-chicago-divorce/)

**Published:** December 18, 2019
**Author:** familylawadvocate

**Content:**

**Divorce and Frozen Embryos: What Happens in a Chicago Divorce?**

**By: M. Scott Gordon**

When married couples [get divorced in Illinois](https://familylawadvocate.com/divorce/), property is classified either as marital property — in which case it is divided between the parties according to the theory of [equitable distribution](https://familylawadvocate.com/divorce/property-division/) — or it is classified as separate or non-marital property and is not subject to distribution. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a range of statutory factors the court can consider as it determines how marital property should be divided. As you might imagine, classifying and distributing some types of property is easier than classifying and distributing other types of property. What happens to frozen embryos?

If a couple decides to freeze embryos during their marriage with the intention of having a baby, how are those frozen embryos classified? And are those frozen embryos subject to division in a Chicago area divorce? A recent case in Connecticut was one of numerous cases concerning frozen embryos in divorces. While that decision is not binding on Illinois courts in any capacity, the decision in that case could be instructive for Chicago area residents who are considering divorce and may need to address the issue of frozen embryos.

**Case Addresses Frozen Embryos in a Divorce**

According to an article in Newsweek, the Connecticut Supreme Court recently ruled in a case concerning the classification of frozen embryos in a divorce. In this case, a married couple had embryos frozen through in vitro fertilization (IVF), but they later divorced. The court ruled the frozen embryos were marital property that could be subject to “distribution” or “division” in a divorce. In this case, though, a previous agreement existed between the parties about what should happen to the embryos.

Prior to creating the embryos, the couple agreed frozen embryos would be destroyed in the event of divorce. The court ruled the agreement was enforceable. As such, the enforceable agreement meant the court did not need to decide how marital property like frozen embryos should be “distributed” since the agreement obviates that need.

**What Should Chicago area Couples Expect in a Divorce Involving Frozen Embryos?**

The primary case in Illinois that has addressed frozen embryos in a divorce is Szafranski v. Dunston (2015), a case in which a couple (Jacob Szafranski and Karla Dunston) froze embryos through an in vitro fertilization (IVF) agreement after Dunston learned she would need to undergo chemotherapy for lymphoma. The parties’ relationship later ended. Szafranski wanted the frozen embryos to be destroyed, but Dunston wanted to use them to have children.

The court determined that, although there was no written agreement about what would happen to the embryos, the couple had entered into an oral agreement. Without creating a written contract, the couple discussed and intended for the embryos to be used for Dunston to have children. Accordingly, the court found in favor of Dunston. The court’s reasoning was like that in the recent Connecticut case — when a contract of some sort exists, the contract should be upheld. However, Illinois courts have not yet addressed a case in which there is no clear agreement about or contract concerning how embryos should be classified or “distributed” in a divorce case.

**Contact a Divorce Lawyer in Chicago**

 The matter of frozen embryos in a divorce is an extremely complicated one and Illinois courts have not yet ruled on how frozen embryos should be divided — if they are indeed marital property and there is no enforceable agreement between the spouses. If you have questions about property distribution in your divorce, a [Chicago divorce lawyer](about:blank) can speak with you today. [Contact Gordon & Perlut, LLC](about:blank) to learn more about how we can help.

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**Categories:** Frozen Embryos

---

### [Is Health Insurance Factored Into Child Support Calculations?](https://familylawadvocate.com/is-health-insurance-factored-into-child-support-calculations/)

**Published:** June 19, 2023
**Author:** familylawadvocate

**Content:**

We all know that children can be expensive, and one of the expenses is health insurance during the marriage and if there is a divorce. But how is health insurance considered regarding child support calculations? Find out about this critical topic below, then talk to our [Skokie child support lawyers](https://familylawadvocate.com/divorce/child-support/) for more information.

## Illinois Child Support Guidelines

The [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) states that child support is intended to provide adequate support for a child, subject to the parents’ ability to pay. Reflecting this intent, the state determines how much child support payments will be based on the income shares model. This means the payments are based on the income that each parent earns. In addition, the law states that child support includes the obligation for the parents to provide for their children’s physical, mental, and emotional health needs.

## Child Support And Health Insurance

Also, the court may order to provide additional support and customary child support. Part of the basic child support payment is supposed to pay for regular medical expenses, such as copays and deductibles. But the court will order the parents to provide health insurance coverage for the children, and for the parents to both contribute to this cost. In addition, the court can order a contribution to the child’s healthcare needs not covered by insurance.

Some medical-related costs that could be required on top of child support are unreimbursed dental, medical, vision, or orthodontic costs that are not covered by health insurance. Also, one or both parents could be required to pay for prescription drugs not covered under the health insurance plan.

The law also states that the court can order one or both parties to contribute to childcare expenses. This may include expenses needed to put the child in a good childcare program and before and after-school care costs. Other possible expenses are summer camps when there is no school. The childcare expenses should be enough to provide reasonable childcare for each child. The cost is prorated according to each party’s share of combined net income.

## Health Insurance Is Required For Children During And After Divorce

The Illinois divorce court will ensure your children are covered by health insurance before the child support paperwork is finalized. In most cases, the divorce court will confirm that your children are on your or the other parent’s plan and will stay insured. However, if neither of you has health insurance for your children, the court could order you to purchase a private plan.

Another option in Illinois is the [All Kids Program](https://hfs.illinois.gov/medicalprograms/allkids.html), a state health insurance plan. If the divorce court thinks one parent can afford private health insurance, the judge may order the parent to purchase it.

## Talk To Our Skokie Child Support Lawyers Now

Child support issues in a divorce can be difficult and stressful, but with the help of your attorney, things become clearer and outcomes more favorable. For example, you may need clarification about whether you need to pay additional healthcare costs on top of child support. [Contact our Skokie child support lawyers](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC, today at (312) 360-0250 for your child support questions.

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**Categories:** Child Support Lawyer

**Tags:** child support

---


## Pages

### [Divorce & Family Law Attorneys | Chicago | Skokie, Illinois](https://familylawadvocate.com/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

#### The Affordable help you need for your Divorce, Custody, Support, and Family Law needs.

Every legal matter needs an individual approach, one suited to your needs. Some cases require an assertive approach, such as those involving an unreasonable spouse, parent, or institution. In other situations, an approach that helps people resolve their problems in a non-confrontational manner is best. The divorce attorneys of Gordon & Perlut, LLC help you work toward the appropriate solution for your Family Law situation.

Every Client deserves the choice and option about how his or her cases are handled. That is what a true advocate is all about: [advocating for your legal rights](https://familylawadvocate.com/family-law/courtroom-advocacy/). Whether your case is simple or complicated our focus is on what most helps you and your family get the resolution you deserve.

Gordon & Perlut, LLC offers our knowledge and experience at affordable costs. Your best interests are our highest priority. We have the skills to tailor solutions for your specific legal issue. We will always keep you aware of any and all actions we take, and answer all questions from our clients openly and honestly.

Review the [areas of law we practice](https://familylawadvocate.com/aop/ "Legal Areas Of Practice") at the Law Offices of Gordon & Perlut, LLC.

A Family Law firm serving all of Cook, Lake, and DuPage County with convenient offices located downtown Chicago and Skokie.

## Cook & Lake County Family Law Services

### Divorce Attorney

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### Child Support Attorney

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---

### [Divorce & Child Custody Attorneys Des Plaines, IL](https://familylawadvocate.com/family-law-attorney-des-plaines-il/)

**Published:** July 25, 2026
**Author:** familylawadvocate

**Content:**

## **Des Plaines Divorce Mediation: A Less Stressful Way to Resolve Your Illinois Divorce**

Ending a marriage is rarely easy. Along with the emotional challenges, couples must make important decisions about property division, parenting arrangements, child support, and, in some cases, spousal maintenance. When these issues become highly contested, the divorce process can take months or even longer to resolve, increasing both the financial and emotional costs for everyone involved.

For many families in [Des Plaines](https://www.desplainesil.gov/Home), divorce mediation offers a more efficient and cooperative alternative to traditional courtroom litigation. Rather than asking a judge to make every important decision, mediation allows spouses to work together with the assistance of a neutral mediator to reach mutually acceptable agreements. In many cases, mediation helps reduce conflict, preserve important family relationships, and give both parties greater control over the outcome of their divorce.

At Gordon & Perlut, LLC, attorney and mediator M. Scott Gordon helps couples throughout Des Plaines and the surrounding Northwest suburbs navigate the mediation process while working toward practical, legally sound solutions.

## **What Is Divorce Mediation?**

Divorce mediation is a confidential process in which a neutral third party helps spouses negotiate the issues that must be resolved before their marriage can be dissolved. Unlike a judge, the mediator does not decide who is right or wrong and does not impose a settlement on either party.

Instead, the mediator facilitates productive discussions, identifies areas of agreement and disagreement, and helps the parties explore solutions that address the needs of both spouses and, most importantly, their children.

If the parties reach an agreement, the terms can be incorporated into a written Marital Settlement Agreement and, when children are involved, a Parenting Plan for court approval.

## **Benefits Of Divorce Mediation**

Many Illinois couples choose mediation because it offers several advantages over traditional litigation.

### **Greater Control Over The Outcome**

In court, a judge makes the final decisions when spouses cannot agree. During mediation, the parties maintain control over the settlement process and can develop solutions that fit their family’s unique circumstances.

### **Lower Costs**

Because mediation often reduces the number of court appearances and contested hearings, it can significantly lower attorneys’ fees and litigation expenses. While every case is different, resolving disputes through mediation is frequently more cost-effective than a lengthy court battle.

### **Faster Resolution**

Court schedules, discovery disputes, and multiple hearings can delay a divorce for many months. Mediation often allows couples to resolve issues more efficiently and move forward with their lives sooner.

### **Reduced Conflict**

Mediation encourages respectful communication and problem-solving instead of adversarial litigation. This cooperative approach is particularly valuable when parents will continue raising children together after the divorce.

### **Privacy**

Unlike courtroom proceedings, mediation sessions are confidential. Couples can discuss financial and parenting issues in a private setting rather than presenting every disagreement in open court.

## **Issues That Can Be Resolved Through Mediation**

Many of the issues involved in an Illinois divorce can be successfully resolved through mediation, including:

- Division of marital property and debts
- Parenting time schedules
- Allocation of parental responsibilities
- Child support
- Spousal maintenance
- Division of retirement accounts
- Allocation of household expenses
- Future communication between parents

Even if the parties cannot resolve every issue, partial agreements can narrow the remaining disputes and reduce the time spent in court.

## **Is Mediation Right For Every Divorce?**

Mediation is highly effective for many families, but it is not appropriate in every situation.

Cases involving domestic violence, intimidation, serious substance abuse, hidden assets, or a spouse who refuses to negotiate in good faith may require greater court involvement. During an initial consultation, an experienced family law attorney can help determine whether mediation is likely to be a productive option.

Even when mediation is appropriate, each spouse should understand their legal rights before entering into a final settlement agreement.

## **Why You Should Still Have An Attorney**

Although the mediator remains neutral throughout the process, the mediator does not represent either spouse or provide legal advice to one side.

For that reason, many people choose to consult with their own attorney during mediation. An attorney can explain how Illinois law applies to your circumstances, review proposed settlement terms, and ensure that your legal rights and financial interests are protected before you sign any agreement.

Having legal guidance throughout the mediation process often gives clients greater confidence that they are making informed decisions.

## **Contact Our Des Plaines Divorce Mediation Attorney**

If you are considering divorce and hope to avoid unnecessary conflict, mediation may provide a practical path toward resolving your case with less expense, less stress, and greater control over the outcome.

Attorney M. Scott Gordon of Gordon & Perlut, LLC provides divorce mediation services for clients in Des Plaines, Chicago, Skokie, Cook County, and the surrounding communities. Whether your divorce involves parenting issues, property division, child support, or spousal maintenance, our firm is committed to helping families reach fair and lasting resolutions whenever possible.

[Contact Gordon & Perlut, LLC ](https://familylawadvocate.com/contact-us/) at our[ Chicago office](https://maps.app.goo.gl/HaRCb7WQiJtBQdss6) at[ 312-360-0250 ](tel:312.360.0250)or call our[ Skokie office](https://maps.app.goo.gl/sZSwesh874ytW4LXA) at  [847-329-0101 ](tel:847.329.0101)to schedule a consultation and learn whether divorce mediation is the right approach for your family.

---

### [Grandparent Visitation](https://familylawadvocate.com/divorce/grandparent-visitation/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# **Grandparent Visitation Rights in Illinois**

## **Protecting Meaningful Relationships Between Grandparents and Grandchildren**

Few relationships are as meaningful as the bond between a grandparent and a grandchild. Grandparents often provide love, stability, guidance, and support throughout a child’s life. Many serve as trusted caregivers, help working parents with childcare, attend school activities, celebrate important milestones, and become an essential source of emotional security during difficult family transitions.

Unfortunately, divorce, separation, parental conflict, or other family disputes can sometimes result in grandparents suddenly losing contact with their grandchildren. In many cases, grandparents who have played an active role in raising a child find themselves wondering whether Illinois law provides any legal remedy when a parent denies visitation.

While Illinois strongly protects the constitutional rights of parents to make decisions regarding their children, the law also recognizes that maintaining important family relationships may sometimes be in a child’s best interests. Under limited circumstances, grandparents may petition the court for visitation, although these cases are subject to strict legal requirements and careful judicial review.

At Family Law Advocate, our experienced Chicago family law attorneys help grandparents understand their legal rights, determine whether they have standing to pursue visitation, and advocate for solutions that protect the best interests of the child while respecting the rights of parents.

## **Understanding Grandparent Rights in Illinois**

Many people mistakenly believe grandparents automatically have legal rights to spend time with their grandchildren. Unfortunately, that is not how Illinois law works.

Parents generally have the legal authority to determine who their children spend time with. Courts presume that fit parents are acting in their children’s best interests, and judges are reluctant to interfere with parental decisions unless Illinois law specifically permits judicial intervention.

This means grandparents cannot simply file a lawsuit because they disagree with a parent’s decision or believe additional contact would benefit the child. Instead, grandparents must first satisfy specific statutory requirements before a court will even consider ordering visitation.

Although the legal standards are strict, Illinois law recognizes that preserving meaningful family relationships may be appropriate when certain circumstances exist.

## **How Illinois Grandparent Visitation Laws Have Changed**

Illinois grandparent visitation laws have evolved significantly over the past two decades.

Following important constitutional decisions issued by the United States Supreme Court, states across the country—including Illinois—revised their grandparent visitation statutes to better protect the fundamental rights of parents while still allowing courts to intervene in limited situations when appropriate.

Today, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains specific provisions governing visitation by certain non-parents, including grandparents, great-grandparents, and siblings. These laws establish when family members may petition the court and the legal standards judges must apply before granting visitation.

Rather than automatically awarding visitation whenever it appears beneficial, Illinois courts carefully balance the constitutional rights of parents against the child’s interest in maintaining important family relationships.

## **When Can Grandparents Seek Visitation in Illinois?**

Illinois law does not allow grandparents to request visitation in every situation. Instead, grandparents generally must establish that one or more statutory circumstances exist before the court will consider their petition.

Depending upon the facts of the case, grandparents may have standing when situations involve:

- Divorce or pending divorce proceedings.
- Legal separation.
- The death of one or both parents.
- A parent’s incarceration for a qualifying period.
- A parent who has been declared legally incompetent.
- Certain circumstances involving children born outside of marriage.
- Other situations specifically recognized under Illinois law.

Meeting one of these requirements does not automatically result in court-ordered visitation. Rather, it allows the court to evaluate whether visitation would serve the child’s best interests.

## **The Court’s Primary Focus Is the Child’s Best Interests**

Whenever Illinois courts decide issues involving children, the child’s best interests remain the overriding consideration.

Even when grandparents satisfy the legal requirements to file a petition, judges must determine whether ordering visitation would actually benefit the child.

Courts often examine numerous factors, including:

- The strength of the existing relationship between the grandparent and grandchild.
- The child’s emotional, physical, and developmental needs.
- The mental and physical health of everyone involved.
- The reasons a parent denied visitation.
- Whether both parties have acted in good faith.
- The amount of visitation being requested.
- The potential impact visitation could have on the child’s daily routine and overall stability.

Rather than relying on a single factor, judges consider the entire family situation before making a decision.

## **Grandparent Visitation Is Different From Parental Responsibilities**

One of the most common misconceptions involves the difference between visitation and parental responsibilities.

Illinois family law no longer uses the traditional terms “custody” and “visitation” for parents. Instead, courts allocate parental responsibilities, which include parenting time and significant decision-making authority.

Grandparents, however, generally do not receive parental responsibilities simply because they have a close relationship with a child.

Instead, Illinois law provides a separate legal process allowing eligible grandparents to request visitation under certain circumstances. Obtaining parental responsibilities is substantially more difficult and generally requires extraordinary facts involving the child’s care and welfare.

If you would like a more detailed explanation of this distinction, read our guide:

### **Child Custody and Grandparents: Can Grandparents Share Parental Responsibilities?**

This article explains the important differences between grandparent visitation and the allocation of parental responsibilities, the legal standards Illinois courts apply, and the circumstances under which grandparents may seek a greater legal role in a child’s life.

## **Can Grandparents Ever Receive Parental Responsibilities?**

Although visitation is far more common, there are situations where grandparents may seek a greater legal role.

For example, if parents are unable to safely care for their child because of abuse, neglect, abandonment, serious substance abuse, long-term incarceration, or other extraordinary circumstances, grandparents may have legal options beyond visitation.

These cases involve complex legal standards and often require substantial evidence demonstrating that judicial intervention is necessary to protect the child’s welfare.

Every family situation is different, making experienced legal guidance especially important.

## **Can Great-Grandparents and Other Relatives Seek Visitation?**

Yes. Illinois law may also allow certain great-grandparents and siblings to petition for visitation under appropriate circumstances.

Like grandparents, these relatives must satisfy statutory standing requirements before the court will consider their request.

The court’s analysis remains focused on protecting the child’s best interests while respecting parental decision-making authority.

## **Why Legal Representation Matters**

Grandparent visitation cases are often emotionally charged because they involve multiple generations of a family who all care deeply about the same child.

Successfully pursuing visitation requires more than demonstrating love for a grandchild. Grandparents must establish legal standing, satisfy statutory requirements, present persuasive evidence, and overcome the legal presumption that fit parents are making appropriate decisions.

Likewise, parents responding to grandparent visitation petitions deserve experienced legal representation to protect their constitutional rights while ensuring the child’s interests remain the highest priority.

Whether you are seeking visitation or responding to a petition, an experienced Illinois family law attorney can help you understand the applicable law, evaluate your legal options, and advocate for your family’s interests.

## **Frequently Asked Questions About Illinois Grandparent Visitation**

### **Do grandparents automatically have visitation rights in Illinois?**

No. Grandparents do not have automatic legal rights to visitation. Illinois law requires grandparents to meet specific statutory requirements before a court may consider granting visitation.

### **Can a parent completely deny grandparent visitation?**

In many situations, yes. Parents generally have the constitutional right to determine who their children spend time with. However, Illinois law allows courts to intervene under limited circumstances when statutory requirements are satisfied and visitation serves the child’s best interests.

### **Can grandparents seek visitation during a divorce?**

Yes. In some divorce and legal separation cases, grandparents may petition for visitation if they meet the legal requirements established by Illinois law.

### **What if one parent supports grandparent visitation and the other does not?**

The specific facts matter. Courts evaluate each case individually while applying the requirements contained in the Illinois Marriage and Dissolution of Marriage Act.

### **Can grandparents obtain custody instead of visitation?**

Generally, no. Obtaining parental responsibilities or guardianship involves a separate legal analysis and typically requires extraordinary circumstances demonstrating that such relief is necessary to protect the child.

### **Does every grandparent visitation case go to trial?**

Not necessarily. Many family disputes can be resolved through negotiation or mediation before a trial becomes necessary. Whenever possible, reaching a cooperative solution often benefits both the child and the extended family.

## **Speak With Our Experienced Chicago Grandparent Visitation Attorney**

Disputes involving grandparents and grandchildren are rarely just legal issues—they are deeply personal family matters that deserve thoughtful guidance and experienced representation. Whether you are seeking visitation, responding to a petition, or have questions about your legal rights under Illinois law, Gordon & Perlut can help you understand your options and develop a strategy tailored to your family’s unique circumstances.

Our attorneys have extensive experience handling complex child custody, parenting time, and grandparent visitation matters throughout the Chicago area. We are committed to helping families navigate these sensitive disputes while keeping the child’s best interests at the center of every case.

[Contact Gordon & Perlut](https://familylawadvocate.com/contact-us/) at 312-360-0250 at our Chicago office or call our Skokie office at  847-329-0101 today to schedule a confidential consultation with an experienced Chicago grandparent visitation attorney and learn how we can help protect your relationship with your grandchild.

## **Related Grandparent Rights Resources**

To learn more about grandparents’ rights under Illinois law, continue reading:

- [Child Custody and Grandparents: Can Grandparents Share Parental Responsibilities?](https://familylawadvocate.com/child-custody-and-grandparents-can-grandparents-share-parental-responsibilities/)
- [Grandparents’ Rights Guide from Illinois Legal Aid](https://www.illinoislegalaid.org/legal-information/getting-visitation-rights-grandparent-or-step-parent)

---

### [Parenting Time (formerly known as Visitation)](https://familylawadvocate.com/divorce/visitation/)

**Published:** March 18, 2026
**Author:** familylawadvocate

**Content:**

## Chicago and Skokie Divorce Visitation Lawyer

When parents separate or divorce in Chicago, Skokie, or the surrounding areas of Cook County, one of the most important legal issues involves parenting time, commonly referred to as visitation. Illinois law prioritizes maintaining strong relationships between children and both parents whenever possible, but achieving a fair and workable arrangement often requires careful legal planning and, in many cases, experienced legal representation.

At its core, visitation in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act, which emphasizes the best interests of the child above all else. While many families can reach agreements on their own, disputes over parenting time are common—especially in high-conflict divorces. [Section 602.8 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) sets forth the visitation rights to be granted to a parent who is not granted custody (or physical possession) of a child.

A knowledgeable [family law attorney serving Chicago and Skokie](https://familylawadvocate.com/family-law/) can help you understand your rights, negotiate parenting plans, and advocate for your role in your child’s life.

## Visitation and Parenting Time in Illinois

Illinois law has evolved significantly over the past decade. While many people still use the term “visitation,” the legal system now refers to this concept as parenting time. This shift reflects a more balanced approach, focusing on shared parental involvement rather than labeling one parent as primary and the other as secondary.

Under Illinois law, a parent who does not have primary residential responsibilities is generally entitled to reasonable parenting time unless the court finds that such time would seriously endanger the child’s well-being.

The law begins with the presumption that both parents should remain actively involved in their child’s life. Courts in Cook County, including those serving Chicago and Skokie, rarely deny parenting time entirely unless there is clear evidence of risk to the child.

### The Best Interests of the Child Standard

Every parenting time decision in Illinois is guided by the “best interests of the child” standard. This legal framework requires judges to evaluate a wide range of factors before determining how parenting time will be allocated.

These factors may include the child’s relationship with each parent, the ability of the parents to cooperate, the child’s adjustment to home and school environments, and the mental and physical health of all parties involved. Courts also consider the distance between the parents’ homes and how parenting schedules will affect the child’s daily routine.

Illinois courts have broad discretion in these matters, meaning no two parenting plans are exactly alike. What works for one family in downtown Chicago may look very different from an arrangement in suburban Skokie or nearby communities like Evanston, Niles, or Glenview.

### Parenting Plans and Visitation Schedules

In every Illinois divorce involving children, parents are required to create a parenting plan. This document outlines how parenting time will be shared and how major decisions regarding the child’s upbringing will be made.

A parenting plan typically addresses key issues such as where the child will live, how holidays will be divided, and how transportation between parents will be handled. It also establishes a regular schedule for parenting time, which may include alternating weekends, midweek visits, extended summer time, and holiday rotations.

While many families follow a traditional “every other weekend” schedule, this is not a legal requirement. Courts encourage parents to create customized arrangements that reflect their child’s needs and their own work schedules.

If parents cannot agree, the court will impose a parenting plan after reviewing the evidence and considering the child’s best interests.

### Rights of Non-Custodial Parents

In Illinois, both parents have equal legal standing when it comes to parenting time. A parent who does not serve as the primary residential parent still has a fundamental right to maintain a meaningful relationship with their child.

The law presumes that non-residential parents are entitled to reasonable parenting time unless there is a compelling reason to restrict it.

Importantly, parenting time is separate from child support. A parent cannot withhold visitation because the other parent has fallen behind on support payments, and likewise, a parent cannot refuse to pay support because visitation is being denied.

If one parent interferes with court-ordered parenting time, the other parent can seek enforcement through the court system.

### When Visitation May Be Restricted or Supervised

Although Illinois courts favor ongoing contact between parents and children, there are circumstances where parenting time may be restricted. These situations typically involve concerns about the child’s safety or well-being.

A judge may order supervised visitation if there is evidence of substance abuse, domestic violence, neglect, or other behaviors that could place the child at risk. In such cases, visits may be monitored by a trusted family member or a professional supervisor.

In more serious cases, the court may limit or suspend parenting time entirely. However, this is considered a last resort and requires substantial evidence demonstrating that contact with the parent would seriously endanger the child’s physical, emotional, or moral health.

Even when restrictions are imposed, courts often aim to create a pathway for restoring normal parenting time once the underlying issues are addressed.

### Modifying Visitation Orders in Illinois

Parenting time arrangements are not necessarily permanent. As children grow and family circumstances change, it may become necessary to modify an existing order.

Illinois law allows modifications when there has been a substantial change in circumstances or when the current arrangement no longer serves the child’s best interests. Examples may include a parent relocating, changes in a child’s educational needs, or concerns about a parent’s behavior.

In general, courts prefer stability and may require a waiting period before modifications are considered, unless there is an urgent issue affecting the child’s safety.

### Relocation and Its Impact on Parenting Time

Relocation is a common issue in divorce cases throughout Chicago and Skokie. When one parent wishes to move a significant distance away, it can disrupt existing parenting time arrangements.

Illinois law requires the relocating parent to provide notice and, in some cases, obtain court approval before moving with the child.

If the other parent objects, the court will evaluate whether the move is in the child’s best interests and how parenting time will be adjusted. Relocation cases can be complex and often require detailed legal arguments and evidence.

### **Grandparent and Third-Party Visitation**

In limited circumstances, Illinois law allows grandparents and other relatives to seek visitation rights. These cases typically arise when a parent is deceased, incarcerated, or otherwise unable to care for the child.

Courts evaluate these requests carefully, balancing the rights of the parents with the potential benefits to the child. While not as common as parental visitation cases, these matters can play an important role in preserving family relationships.

### Enforcing Parenting Time Orders

When one parent refuses to comply with a court-ordered parenting schedule, legal enforcement may be necessary. Illinois law provides several remedies for parenting time interference, including court orders requiring compliance, makeup parenting time, and even potential penalties for repeated violations.

In some cases, law enforcement may become involved if a parent unlawfully withholds a child. Taking prompt legal action is essential to protect your rights and maintain consistency for your child.

### Why You Need a Chicago or Skokie Visitation Attorney

Visitation disputes can quickly become emotionally charged and legally complex. Having an experienced attorney can make a significant difference in the outcome of your case.

A family law attorney can help you understand Illinois law, develop a strong parenting plan, and advocate for your interests in negotiations or court proceedings. They can also assist with modifications, enforcement actions, and high-conflict disputes involving allegations of abuse or parental unfitness.

Local experience matters. Attorneys familiar with courts in Chicago, Skokie, and surrounding Cook County communities understand how local judges approach parenting time issues and can tailor strategies accordingly.

## Frequently Asked Questions About Visitation in Illinois

### What is the difference between visitation and parenting time?

In Illinois, the legal term is now parenting time, but many people still use visitation. Both refer to the time a parent spends with their child.

### Can a parent be denied visitation?

Yes, but only in rare cases where the court finds that parenting time would seriously endanger the child’s well-being.

### How is a visitation schedule determined?

Schedules are based on the child’s best interests and may be agreed upon by the parents or ordered by the court.

### Can visitation be changed after a divorce?

Yes, parenting time can be modified if there is a substantial change in circumstances or if the current arrangement is no longer in the child’s best interests.

### What if my ex refuses to follow the visitation schedule?

You can file a motion with the court to enforce the order and request remedies such as makeup parenting time or sanctions.

### Do I need a lawyer for a visitation case?

While not required, legal representation is highly recommended, especially in contested or complex cases.

## Speak With Our Chicago Visitation Lawyer Today

If you are facing a divorce or parenting time dispute in Chicago, Skokie, or surrounding areas such as Evanston, Park Ridge, or Arlington Heights, it is important to take proactive steps to protect your parental rights. Visitation issues can have a lasting impact on your relationship with your child, making it essential to approach these matters with careful legal guidance.

An experienced Illinois family law attorney can help you develop a parenting plan, resolve disputes, and advocate for a fair and sustainable outcome. Whether you are negotiating an agreement, seeking a modification, or dealing with enforcement issues, professional legal support can provide clarity and confidence throughout the process.

Contact our qualified Chicago visitation attorney today to discuss your situation, understand your options, and take the next step toward securing meaningful parenting time with your child.

[Email our Chicago visitation lawyers](https://familylawadvocate.com/contact-us/) at Gordon & Perlut, LLC for more information or call our Chicago office at  312.360.0250 or our Skokie office at  847.329.0101

---

### [Chicago Divorce Lawyers for Men](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/)

**Published:** February 15, 2017
**Author:** familylawadvocate

**Content:**

Men going through a divorce generally feel they are at a disadvantage and think they will be subjected to partiality in a family law court due to their gender. They often face difficulty in finding a reliable [divorce attorney](https://familylawadvocate.com/divorce/) who has knowledge and experience in handling [family law](https://familylawadvocate.com/family-law/) matters from a male perspective. Due to this, reluctance and pessimism may factor in, affecting their ability to aggressively pursue and achieve satisfactory outcomes during a divorce proceeding.

At Gordon & Perlut, LLC, we know the realities and prejudice men go through in a divorce, and have the capability to stand with you to fight for your rights. We aim to provide personalized service and carefully listen to you to develop a thorough understanding of your desired outcomes. Keeping in mind all of your unique needs and goals, we devise an effective legal strategy geared towards protecting your interests.

## How Our Chicago Divorce Lawyers can help you![men's divorce attorneys](https://familylawadvocate.com/wp-content/uploads/2017/02/divorce-for-Men.jpg "men's divorce attorneys")

The divorce attorneys at Gordon & Perlut, LLC are accomplished, passionate, and experienced, and are capable of effectively handling the most complex cases. If you are going through a contested divorce, you will require assistance in negotiating with your spouse and her attorney on matters such as your children, alimony (maintenance), child support, and [division of assets](https://familylawadvocate.com/common-complications-in-chicago-area-asset-division/) and debt.

We also assist clients in high net-worth divorces that typically involve many complex issues. Such cases often entail protecting investments, business ownership, inheritance, stock options, property, and retirement accounts from being unfairly granted to the ex-spouse.

We help you understand the different aspects of Illinois family law and explain the rights and obligations of fathers towards their children and ex-spouse after the dissolution of marriage. From the initial consultation to meetings with your wife and her divorce attorney for negotiations, and representation in court, our [men’s divorce attorneys in the Chicago area](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/) focus on resolving important issues, such as:

- Vigorously negotiating parenting and child Allocation agreements to protect your children and your [father’s rights](https://familylawadvocate.com/fathers-rights/)
- Ensuring [equitable distribution of marital assets and property](https://familylawadvocate.com/divorce/property-division/)
- Assisting you in keeping your non-marital property and debt
- Reasonable settlement of issues like [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/) and [child support](https://familylawadvocate.com/divorce/child-support/)

Having an experienced and knowledgeable Chicago area attorney can make all the difference for men. As your partner in the divorce proceedings, we will work closely with you at every step and ensure you are well-informed. Even when you are emotionally distressed, our attorneys will assist you in keeping a clear head when making difficult decisions with confidence.

## Frequently Asked Questions About Men’s Rights in Illinois Divorce and Family Law

### Do Illinois Divorce Laws Favor Women Over Men?

No. Illinois divorce and family law is explicitly gender-neutral**.** Courts do not favor either spouse based on gender when deciding issues such as property division, parenting time, child support, or spousal maintenance. Judges are required to apply statutory factors that focus on fairness, financial circumstances, and the best interests of any children involved.

While outcomes may differ from case to case, decisions are based on evidence—not assumptions about gender roles.

### Do Fathers Have Equal Parenting Rights in Illinois?

Yes. Illinois law begins with the presumption that both parents should have meaningful involvement in their children’s lives, unless evidence shows otherwise. The state no longer uses the term “custody,” instead referring to allocation of parental responsibilities and parenting time.

Courts evaluate factors such as:

- Each parent’s involvement with the child
- Ability to make decisions in the child’s best interests
- Stability and continuity for the child
- Willingness to encourage a relationship with the other parent

Fathers have the same legal standing as mothers in seeking parenting time and decision-making authority.

### Can Fathers Obtain Primary Parenting Time?

Yes. Fathers can and do receive primary parenting time when it is in the child’s best interests. Illinois courts focus on the child’s needs rather than traditional assumptions. Evidence showing active parenting, flexibility, and a stable home environment can support a father’s request for increased or primary parenting time.

### How Is Property Divided in an Illinois Divorce?

Illinois follows an equitable distribution model. This means marital property is divided fairly, not automatically equally. Courts consider:

- Length of the marriage
- Each spouse’s financial and non-financial contributions
- Income, earning capacity, and future needs
- Any dissipation of marital assets

Property acquired during the marriage is generally marital, regardless of which spouse earned the income.

### Are Men More Likely to Pay Child Support?

Child support in Illinois is calculated using an income shares model, which considers both parents’ incomes and the amount of parenting time each parent has. Support obligations are not based on gender.

In cases where fathers earn more or have less parenting time, they may pay support. However, mothers may also pay child support when circumstances warrant.

### Can Men Receive Spousal Maintenance?

Yes. Spousal maintenance (alimony) is not gender-specific in Illinois. Men may be awarded maintenance if they earn less, left the workforce during the marriage, or need financial support to become self-sufficient.

Courts evaluate:

- Length of the marriage
- Each spouse’s income and earning potential
- Standard of living during the marriage
- Contributions to the household or family

### What If a Father Is Being Denied Parenting Time?

If a parenting order is being violated, fathers have legal remedies available. Illinois courts take violations seriously and may impose consequences such as:

- Makeup parenting time
- Modification of the parenting schedule
- Court sanctions

Documentation and prompt legal action are critical when parenting rights are not being respected.

### When Should Men Contact an Illinois Family Law Attorney?

Men should consult a family law attorney as early as possible when facing divorce, custody disputes, or child support issues. Early legal guidance helps protect parental rights, financial interests, and long-term outcomes—especially in contested cases.

## Discuss your Case with Our Chicago Divorce Lawyer for Men Today

Everyone has legal rights in a divorce, regardless of their gender. The Chicago divorce attorneys at Gordon & Perlut, LLC have decades of experience in fighting for men’s rights in all facets of family law. Whether you want us to help you obtain custody of your child, negotiate a fair settlement of financial issues, or any other matter pertaining to divorce, we can provide you with skilled legal counsel and aggressive representation. Contact the Law Offices of Gordon & Perlut, LLC today at 312-360-0250 or 847-329-0101, or use our [online contact form](https://familylawadvocate.com/contact-us/) to schedule an initial consultation.

---

### [Divorce](https://familylawadvocate.com/divorce/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Divorce Lawyers

Divorce is almost always a stressful process. Most separations are wrought with intense emotion and controversy, and even relatively amicable splits come with complex legal conflicts. No matter the specifics of your own situation, when contemplating divorce it is critical to seek out an experienced Chicago divorce lawyer.

Divorces are often referred to as either “contested’ or “uncontested.” However, even with an uncontested divorce, there are many different issues that need to be finalized and included in a divorce agreement. Mistakes can lead to problems that delay the divorce and increase its cost. That is why former partners need the aid of an experienced divorce attorney to ensure the process unfolds as intended.

Divorce in Illinois is governed by state-specific laws that aim to ensure fairness while addressing the emotional and financial complexities of ending a marriage. Whether you’re considering divorce or already in the process, understanding the legal framework can help you make informed decisions.

### Grounds for Divorce

Illinois is a “no-fault” divorce state. This means that the only legally recognized ground for divorce is irreconcilable differences. You don’t need to prove wrongdoing like adultery or abuse. If both spouses agree, the court can grant a divorce immediately. If one spouse contests, the court may require a six-month separation period to confirm irreconcilable differences.

### Filing Process

To file for divorce in Illinois:

- One spouse must have lived in the state for at least 90 days.
- The divorce petition is filed in the circuit court of the county where either spouse resides.
- The petitioner must serve the other spouse with legal notice.
- After filing, both parties may negotiate or litigate issues like property division, child custody, and support.

### Finalizing the Divorce

Once all issues are resolved—either through agreement or court ruling—the judge enters a Judgment for Dissolution of Marriage. This document finalizes the divorce and outlines all terms.

Divorce in Illinois can be complex, especially when children or significant assets are involved. Consulting a family law attorney is highly recommended to protect your rights and ensure compliance with state laws.

## Common Chicago Divorce Issues![Spousal Support](https://familylawadvocate.com/wp-content/uploads/2016/09/separate.jpg "Spousal Support | Chicago & Skokie Divorce & Family Law Attorneys")

In each divorce, there are various legal details that need to be resolved. Some of the most common include:

### Child Custody and Support

Illinois uses the term [allocation of parental responsibilities](https://familylawadvocate.com/divorce/child-custody/) instead of custody. Courts prioritize the child’s best interests when deciding:

- Decision-making authority (education, health, religion)
- Parenting time schedules

[Child support](https://familylawadvocate.com/divorce/child-support/) is calculated using the[ Income Shares Model](https://hfs.illinois.gov/childsupport/parents/incomeshares.html), which considers both parents’ incomes and the number of overnights each parent has with the child.

### Property Division

[Illinois property division](https://familylawadvocate.com/divorce/property-division/) follows equitable distribution, meaning marital property is divided fairly—not necessarily equally. Courts consider factors like:

- Each spouse’s contribution to the marriage
- Economic circumstances
- Duration of the marriage
- Future earning potential

Separate property (owned before marriage or received as a gift/inheritance) is usually excluded.

### Spousal Maintenance

[Spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/) (alimony) may be awarded based on:

- Length of the marriage
- Standard of living during the marriage
- Each spouse’s income and needs

Illinois uses statutory guidelines to calculate maintenance, but judges have discretion to deviate when appropriate.

Every case is somewhat different, but the resolution for all of these matters is complex. At times parties are able to work outside of the court system to reach agreements with their attorneys. Various negotiation or mediation techniques can be used to help. Alternatively, when the disagreements run too deep, the divorce must be litigated in the court system with final decisions made by a judge.

## Frequently Asked Questions About Divorce In Illinois

### What are the grounds for divorce in Illinois?

Illinois operates under a no-fault divorce system, which means that you do not need to provide proof of any wrongdoing to obtain a divorce. The sole ground for divorce is irreconcilable differences, indicating that the couple can no longer remain together. If both spouses consent to the divorce, the court will automatically accept that irreconcilable differences exist. In instances where one spouse disputes the divorce, the court may still grant it if the couple has been living separately for a minimum of six months, reflecting the nature of their disconnection.

### How do I start the divorce process in Illinois?

To begin the divorce process, one spouse must take the essential first step of filing a Petition for Dissolution of Marriage in the circuit court of their local county. It is important to note that Illinois has a residency requirement; at least one spouse must have lived in the state for at least 90 days before filing the petition. After the initial filing, the other spouse will be formally served with legal papers and will have a designated period to respond to the claims made in the petition.

### How is property divided in an Illinois divorce?

In Illinois, the division of property follows the principle of equitable distribution, meaning that marital assets are divided fairly, although not necessarily in equal portions. The court takes into consideration various factors, including:

- The length of the marriage, which reflects the shared history and contributions of both spouses.
- Each spouse’s specific contributions to the marital property, whether financial or otherwise.
- The economic circumstances of both parties, ensuring that divisions do not leave either spouse in financial distress.
- Arrangements concerning child custody and support, which may influence the division of resources.

It’s important to highlight that only marital property—assets acquired during the marriage—is subject to division. Non-marital property, including gifts, inheritances, and assets owned prior to the marriage, generally remain with the original owner.

### What about child custody and parenting time?

In the context of child custody, Illinois utilizes the term “allocation of parental responsibilities” rather than simply “custody.” The court will determine critical aspects of parenting, including:

- Who makes important decisions regarding the child’s education, health care, religious upbringing, and extracurricular activities.
- A detailed parenting time schedule, outlining when the child will spend time with each parent.

The court’s primary focus is the best interests of the child, which encompasses examining factors such as the level of cooperation between parents, the individual needs of the child, and each parent’s capability to provide a stable and nurturing environment.

### How is child support determined?

Child support in Illinois is calculated using an income shares model, which considers several factors to ensure that the child’s financial needs are met fairly. This calculation includes:

- The income levels of both parents, providing a comprehensive picture of available resources.
- The number of children involved, as more children will typically affect the overall support obligation.
- The allocation of parenting time, recognizing how much time each parent spends with the child.

To aid in estimating child support payments, the [Illinois Department of Healthcare and Family Services](https://hfs.illinois.gov/) has a calculator available. Courts do, however, have the discretion to deviate from these guidelines should special circumstances arise that warrant a different support arrangement.

### Can I get spousal support (alimony)?

Yes, it is possible to receive spousal support, commonly referred to as alimony, but such awards are not guaranteed. Illinois courts may grant maintenance based on a variety of factors:

- The length of the marriage, which helps determine the level of financial interdependence.
- Each spouse’s income and earning potential, which evaluates their ability to sustain themselves post-divorce.
- The standard of living established during the marriage, aiming to maintain a similar quality of life for both spouses if possible.
- Significant contributions made to the marriage, such as homemaking or supporting the other spouse’s education.

Maintenance may be temporary, fixed-term, or indefinite, depending on the specific circumstances of the case.

### How long does a divorce take in Illinois?

The timeline for divorce in Illinois can vary significantly based on the specifics of each case. An uncontested divorce, where both parties agree on all terms, may typically conclude within a few months. In contrast, contested divorces that involve disputes over property, child custody, or support can extend for a year or more. Additionally, factors such as mandatory waiting periods and court scheduling can influence the overall duration of the divorce process.

### Do I need a lawyer to get divorced in Illinois?

While hiring legal representation is not a statutory requirement, it is highly advisable to have professional guidance—especially in cases involving children, significant assets, or contested issues. The legal landscape can be complex, and Illinois courts provide self-help resources, but navigating this system without assistance can be challenging and may lead to unfavorable outcomes.

### Can we use mediation instead of going to court?

Yes, mediation is a viable alternative to litigation and is encouraged for resolving disputes regarding parenting and financial matters. Mediation often offers a more efficient, cost-effective, and collaborative approach compared to traditional courtroom settings. In some counties, mediation may even be required for custody disputes before a trial can take place, reflecting a trend towards amicable resolutions and cooperative co-parenting arrangements.

## ![Chicago Divorce Lawyer](https://familylawadvocate.com/wp-content/uploads/2016/09/ring.jpg "Chicago Divorce Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")Contact Our Chicago Divorce Lawyer To Discuss Your Options.

In order to ensure that you are on the best footing possible for your new start after a divorce, it is best to secure an experienced legal advocate for your side. The Chicago divorce attorneys at Gordon & Perlut, LLC have helped residents throughout the [City of Chicago](https://www.chicago.gov/) and suburbs with these matters for years. No matter what the specifics of your own situation, our team can ensure that your interests are protected every step of the way. Feel free to [contact us online](https://familylawadvocate.com/contact-us/) or call today at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847-329-0101  or ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312-360-0250  to begin the process.

![Chicago Divorce Lawyers](https://familylawadvocate.com/wp-content/uploads/2021/03/Chicago-Divorce-Lawyers-300x258.jpg "Chicago Divorce Lawyers | Chicago & Skokie Divorce & Family Law Attorneys")

---

### [Oak Park Child Support Attorneys](https://familylawadvocate.com/child-support-attorney-oak-park-il/)

**Published:** August 18, 2017
**Author:** familylawadvocate

**Content:**

Child support is a critical family law issue for parents going through a divorce. Whether you are the residential parent with the most parenting time or a non-custodial parent with the burden of paying child support, you have the responsibility of meeting the financial, emotional, and basic needs of your children. Illinois courts consider the guidelines of child support as laid out in the [Illinois Marriage and Dissolution of Marriage Act (IMDMA)](http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm), and determine the right amount of payments that are sufficient to fulfill the essential needs of your children. ![Oak Park Child Support Attorneys](https://familylawadvocate.com/wp-content/uploads/2016/09/Oak-Park-Child-Support-300x200.jpg "Oak Park Child Support Attorneys | Chicago & Skokie Divorce & Family Law Attorneys")

You can benefit greatly from the intervention of a knowledgeable and experienced child support attorney who can effectively advocate your position. The attorneys at Gordon & Perlut, LLC have been representing clients in Oak Park and surrounding areas of Chicago, Illinois for over 20 years in child support matters, including determinations, enforcement, and modifications.

## Child Support Calculations in the Light of Updated Illinois Laws

Beginning July 1, 2017, new guidelines for child support determination are being used in Illinois. Previously, child support was calculated using the percentage model, where the income of the non-custodial parent and the number of children were used as the basis of determination, along with a long list of factors. Now, the income shares model is in effect, and it takes into account several factors, such as:

- The number of children
- The net income of both parents
- The amount of parenting time allocated to each parent by the court
- Basic child support obligation
- Any previous child support obligations
- Additional expenses of the child(ren)

Just like in the percentage model, an [income shares schedule](https://www.illinois.gov/hfs/SiteCollectionDocuments/img4101535270001.pdf) has been designed that allows courts to easily calculate child support based on both parents’ combined net income and the number of children.

At Gordon & Perlut, LLC, we stay updated with the recent developments in Illinois laws. This allows us to provide precise, effective legal advice to clients and navigate through the legal system in order to achieve their goals and protect their rights and interests. We maintain a transparent client-attorney relationship and keep clients informed about their case at every stage of the process.

## Talk To Our Experienced Oak Park Child Support Attorney Today

At Gordon & Perlut, LLC, we know how delicate child support matters can be for parents. Our Oak Park attorneys work closely with you to understand your situation and make sure that the best interests of your children as well as yours are secured during the determination of child support. For skilled legal counsel, you may [contact](https://familylawadvocate.com/contact-us/) the Law Offices of Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation and discuss your case with our child support attorneys. We have offices in downtown Chicago and Skokie, Illinois.

---

### [Child Support Attorney Harwood Heights, IL](https://familylawadvocate.com/child-support-attorney-harwood-heights-il/)

**Published:** January 23, 2019
**Author:** familylawadvocate

**Content:**

## Child Support Lawyer in Harwood Heights, IL

![Harwood Heights Child Support Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/01/Harwood-Heights-Child-Support-Lawyer-300x214.jpg "Harwood Heights Child Support Lawyer | Chicago & Skokie Divorce & Family Law Attorneys") Regardless of whether you are a mother or a father, if you are not the primary custodial parent, you will likely be required by an Illinois family court to make recurring child support payments. This is based on the duty that all parents have: to support their children financially. Because it is assumed that the custodial parent is fulfilling this obligation by virtue of having a majority of parenting time, the onus to make actual child support payments is on the other parent.

Understanding how we determine the amount of child support can be complicated. At the law offices of Gordon & Perlut, LLC, [Divorce](https://familylawadvocate.com/divorce/ "Divorce Lawyer Chicago") and [Family Law Attorneys](https://familylawadvocate.com/family-law/ "Family Law Attorney Chicago"), our Harwood Heights child support lawyers can guide you through everything you need to know, including modifying your court order at a later date. Call our legal team today to get started.

### Allocation of Parental Responsibilities and Child Custody in Harwood Heights: Income Shares Model Overview

The state of Illinois relies on the “income shares model” to determine the value of a child support obligation. The income shares model considers both parents’ incomes in determining a child support amount, and then each parent is responsible for support in an amount that is proportional to their income. For example:

Suppose that together, parents earn a total of $4,000 in net income per month, with the primary residential parent earning $1,500 (37.5 percent), and the “noncustodial” parent earning $2,500 (62.5 percent). [Based on Illinois child support guidelines](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf) and other factors, the court determines that the child deserves roughly $800 per month in support. It will be assumed that the “custodial” parent is already contributing their portion of support by virtue of having the child; therefore, the “non-custodial” parent will be liable for 62.5 percent of the $800, or $500 per month.

Other Factors a Court Considers When Issuing a Determination About Child Support

Parents’ incomes and the number of children are not the only factors that will be considered when a court is making a determination about child support. Recognizing that each family’s and child’s needs are different, the court may also consider:

- The financial resources of each parent
- The needs of the child
- The child’s educational and healthcare needs
- The standard of living that the child would have experienced but for the divorce
- Any other factors the court finds relevant.

### Modification of a Child Support Order

It is critical that a parent who is ordered by the court to pay child support in Harwood Heights recognizes that adhering to the support order is not optional, but mandatory; if the individual fails to make child support payments, there can be serious consequences, including garnishment of wages and even jail time.

If modification of a support order is necessary due to a change in circumstances, a petition with the court may be filed. Our law firm can assist you in doing this effectively.

## Frequently Asked Questions About Illinois Child Support

### How is child support calculated in Illinois?

In Illinois, child support is determined using an “[income shares](https://hfs.illinois.gov/childsupport/parents/incomeshares.html)” model, which takes into account the combined incomes of both parents and the specific number of overnights each parent spends with their child. This method aims to reflect the financial resources available to support the child’s needs, akin to what would have been provided had the parents remained together. The Illinois Department of Healthcare and Family Services (HFS) offers a comprehensive standardized worksheet and schedule to help estimate these support obligations. Additionally, the calculation can incorporate other important factors such as the costs of health insurance, childcare, and any extraordinary expenses that may arise.

### What counts as income for child support purposes?

For child support calculations, a broad range of income types is considered. This includes regular salaries, bonuses, commissions, unemployment benefits, pensions, and income generated from rental properties. The courts may also take into account non-traditional income sources, including gig economy earnings, gratuities, or returns on investments. It is essential to note that if a parent deliberately underreports their income or attempts to conceal financial resources, the court may assign an imputed income estimation based on the parent’s potential earning capacity.

### Can child support be modified?

Absolutely. Either parent has the right to request a modification of the child support amount if there is a significant change in circumstances. This could include situations such as losing a job, experiencing a notable increase in income, or changes to the existing parenting arrangement. Any modifications to the agreement must be formally approved by the court and typically will not be applied retroactively unless the petition for change is filed without significant delay.

### What happens if a parent doesn’t pay child support?

When a parent fails to fulfill their child support obligations, they may face a series of serious repercussions. These can range from wage garnishment, where a portion of their earnings is automatically deducted, to the suspension of driver’s or professional licenses. The state can also intercept tax refunds and, in severe cases, individuals may even face jail time for non-compliance. Additionally, Illinois has systems in place to report delinquent parents to credit bureaus and may impose liens on their property, making it challenging to sell or refinance.

### Does child support cover college expenses?

Under Illinois law, courts have the authority to order contributions from parents for post-secondary education expenses, which encompass tuition fees, textbooks, and living costs while the child is in college. However, this provision is not automatic; rather, it necessitates a separate legal petition that must usually be submitted before the child reaches 23 years old (or 25 in certain circumstances), ensuring that educational needs are proactively addressed.

### How long does child support last?

Child support payments typically remain in effect until the child turns 18 years of age or graduates from high school, whichever scenario occurs later. This period may be extended for adult children with disabilities or adjusted to include support for college expenses. Importantly, any request for the termination of support must be formally presented before the court to ensure that all legal protocols are followed.

### Can child support be enforced across state lines?

Yes, Illinois is a participating state in the [Uniform Interstate Family Support Act](https://acf.gov/archive/css/policy-guidance/uniform-interstate-family-support-act-1996) (UIFSA), which facilitates the enforcement and modification of child support orders across different states. This is particularly vital for parents who relocate or have custody agreements that span multiple states, allowing for consistent support enforcement regardless of geographical boundaries.

### Is child support taxable?

Child support payments are not classified as taxable income for the receiving parent, nor are they tax-deductible for the paying parent. This tax treatment sets child support apart from spousal support, which may incur different tax obligations based on the specifics of the divorce decree and the timing of the payments.

### Can parents agree to a different amount than the guideline?

Yes, parents can negotiate an alternative child support arrangement, but this is contingent upon the court determining that any deviation from the standard guidelines is in the child’s best interest. Judges have the discretion to approve alternative support plans if both parents are in agreement and it is clear that the child’s needs will be sufficiently met under the proposed terms.

## Call Our Harwood Heights Child Support Lawyers Today

To learn more about child support obligations in Harwood Heights and how a support obligation is issued or modified, please call our experienced Harwood Heights child support lawyers today for a consultation. We work hard for you and have secured the case results you’d expect from a qualified legal professional.

---

### [Legal Separation Vs Divorce](https://familylawadvocate.com/divorce/legal-separation-vs-divorce/)

**Published:** October 1, 2025
**Author:** familylawadvocate

**Content:**

## Choosing Between Legal Separation and Divorce

Gordon & Perlut, LLC can help you if you and your spouse want to live separately with separate financial lives, without ending the marriage. Under Illinois law, if a couple makes this choice, they must still present their case to the circuit court in the county where the couple last resided together or where the responding spouse lives.

The court proceeding for a [legal separation](https://familylawadvocate.com/divorce/legal-separation/ "Legal Separation") is almost identical to that of a [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process"). A judge will decide for the spouses if they cannot reach an agreement on alimony, allocation of parental responsibilities (formerly known as [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody")), or [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"). Under the new 2016 amendments to our law, the court cannot divide property without an agreement of both parties.

If either spouse requests a divorce later, the court may convert a legal separation to a dissolution of marriage. However, the terms of the legal separation regarding the marital issues is binding, except that some terms of maintenance will be reviewed.

### Protecting Your Interests With A Legal Separation Agreement

Even when you and your spouse agree on all of these issues, you should consult a family law attorney. When an agreement is reached, you need to document your decisions and file for a Judgment for Legal Separation. A judge reviews it to make sure that you and your spouse are dividing your rights and responsibilities fairly.

The attorneys at Gordon & Perlut, LLC can assist you in reaching an agreement and documenting it for review. Our firm understands the issues the court wants to be addressed and can anticipate how a judge may distribute property and handle the [allocation of parental responsibilities](https://familylawadvocate.com/divorce/child-custody/) (formerly known as custody). We take into consideration the factors that a judge would consider when deciding on these matters.

## Explaining the Benefits of Legal Separation in Chicago

Couples may choose a legal separation for any of the following reasons:

- The spouses have religious beliefs opposing divorce.
- The spouses find negotiating an agreement for a legal separation less stressful than negotiating a divorce.
- The spouses want to retain healthcare or other insurance benefits.
- The spouses can receive favorable tax benefits if still married.
- The spouses are soon to be eligible for certain government benefits.

We understand why clients might prefer a legal separation to a divorce, and we help them make an educated decision about this matter. Cook County divorce attorneys Gordon & Perlut, LLC offer guidance and advice based on years of experience and with a personal interest in each case.

## Frequently Asked Questions About Legal Separation and Divorce in Illinois

### What is the difference between legal separation and divorce?

Legal separation is a legal process that allows spouses to live apart while addressing critical issues such as child custody, support, and the division of property without dissolving the marriage itself. This option can be appealing for those who have personal, religious, or financial reasons for not wanting to end their marriage completely. Conversely, divorce, also known as the dissolution of marriage, is the legal termination of the marital union, allowing both individuals the freedom to remarry in the future. While divorce is an irrevocable step, legal separation offers a temporary solution that can provide time and space for reflection.

### Is legal separation recognized in Illinois?

Absolutely. Illinois law recognizes legal separation under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/402](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K402)). Through this legal framework, spouses can petition the court for a legal separation. The court is empowered to issue orders that address significant matters such as the allocation of parental responsibilities, parenting time, child support, and spousal maintenance. It’s important to note, however, that the court cannot divide marital property in a legal separation unless both parties mutually agree to do so.

### Do I need to live separately before filing for divorce?

Not necessarily. Illinois is classified as a no-fault divorce state, meaning that the only legal ground for filing for divorce is the presence of irreconcilable differences. If both spouses are in agreement about the divorce, there is no requirement for a separation period. However, if one spouse contests the divorce, the court may require evidence demonstrating that the couple has been living apart for a minimum of six months.

### What are the residency requirements?

To initiate a divorce or legal separation in Illinois, at least one spouse must have been a resident of the state for a minimum of 90 days preceding the filing. The divorce case must be filed in the circuit court of the county where either spouse resides, establishing jurisdiction for the proceedings.

### Can legal separation be converted into divorce?

Yes, a legal separation can be transformed into a divorce. To do this, one must file a petition for dissolution in court. During the conversion process, any agreements that were established during the period of legal separation—including parenting plans or support orders—can be incorporated into the final divorce decree, subject to the court’s approval.

### How is property divided in divorce vs. legal separation?

In the context of divorce, Illinois employs the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally. This encompasses all assets acquired during the marriage. In legal separation, however, the court can only oversee the division of property if both spouses agree to address this issue. It’s vital to understand that non-marital property, such as inheritances, gifts, or assets obtained before the marriage, is generally not subject to division.

### What about spousal support?

Spousal maintenance, commonly known as alimony, can be awarded in both legal separation and divorce proceedings. When determining the amount and duration of spousal support, the court considers several key factors, including the income and needs of each spouse, the length of the marriage, the standard of living enjoyed during the marriage, and the age and health of both parties. For couples with a combined income of less than $500,000 annually, Illinois has a statutory formula for calculating spousal maintenance.

### How are child custody and support handled?

In Illinois, traditional terminology such as custody has evolved into a more comprehensive framework involving the “allocation of parental responsibilities” and “parenting time.” This reflects the state’s commitment to prioritizing the best interests of the child. Both legal separation and divorce courts aim to ensure that children’s welfare is central to the proceedings. Child support is calculated using the Income Shares Model, which takes into consideration both parents’ income levels and the amount of time each parent spends with the child.

### Do I need a lawyer?

While it is not mandatory to have legal representation, it is strongly advised, especially in situations involving children, property disputes, or financial support matters. An experienced attorney can provide invaluable assistance by protecting your rights, crafting legally enforceable agreements, guiding you through complex court procedures, and negotiating settlements that are favorable to you. Having expert guidance can alleviate much of the stress associated with this challenging process.

## Speak To Our Chicago Family Law Attorneys Whether To Divorce or Separate

We at Gordon & Perlut, LLC are committed to our clients and to helping them make important decisions for their families. Making the choice between divorce and legal separation is challenging, and our firm can give you guidance to help you make an informed decision.

Contact our Chicago family lawyers at Gordon & Perlut, LLC [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our Skokie office.

---

### [Divorce Lawyer for Men in Wilmette](https://familylawadvocate.com/divorce/wilmette-divorce-lawyer-for-men/)

**Published:** May 5, 2017
**Author:** familylawadvocate

**Content:**

Divorce and related family law issues bring out a lot of negative emotions for couples, especially for men. With sadness, pain, stress, and resentment taking a toll on your emotional well-being, you need to know that there is help available for you. At Gordon & Perlut, LLC, we are always available for men going through the challenging phase of divorce, and well-prepared to provide skilled legal counsel and representation for their case. Our seasoned [divorce attorneys](https://familylawadvocate.com/divorce/) have more than 20 years of experience in handling divorce cases in Wilmette and surrounding areas in Illinois with passion and respect.

Our law firm has established its good name among clients because of our ability to give personalized attention to every case. We believe that there is no one-size-fits-all solution for any divorce, and each case should be assessed comprehensively to understand the specific issues, goals, and concerns of clients. We then design an innovative legal strategy that befits your specific situation.

## How our Wilmette Divorce Lawyers Help Men

At Gordon & Perlut, LLC, you can count on our Wilmette divorce lawyers to fight for your interests and provide you with assurance in this phase of life encompassing overwhelming uncertainties for you and your family. For men going through a divorce they need to have legal support that carefully guides them through the troubling waters of Illinois family law. You may need to make many difficult decisions during the process, and our Wilmette divorce lawyers can help you steer in the right direction. We understand that every choice you make can have a lasting impact on your life – that is why we work closely with you to ensure you receive favorable outcomes for your divorce settlement.

We also help men to deal with complex, high-net-worth divorce, where their spouse tends to make claims on a major portion of their hard-earned assets and property. We help you draw a fine line between separate and marital property so that the court can properly rule for fair equitable distribution, keeping you from being at a disadvantage and losing your estate.

## Statistics on How Divorce Impacts Men

Divorce is not just a legal separation; it is a life-altering event that profoundly affects men on emotional, financial, and social levels. Often overlooked in discussions about divorce, the challenges men face are frequently misunderstood or minimized. Contrary to the popular belief that men manage to “bounce back” more effortlessly, research unveils a more intricate and concerning reality. From heightened mental health risks to significant social isolation and financial turmoil, the statistics illustrate that the consequences of divorce are far-reaching and deeply impactful for men.

### Emotional and Mental Health Impact

The emotional repercussions of divorce on men are both alarming and substantial. [Studies reveal that men are 2.5 times more likely to die by suicide after a divorce](https://aibm.org/commentary/separation-leads-to-suicide-among-men-lessons-for-practitioners/) compared to their married peers, and they face a staggering four-fold increased likelihood of suicide relative to divorced women. This significant disparity can often be linked to a profound sense of loss—loss of identity, daily companionship, and social support.

While women may lean on their established support networks during tough times, many men tend to internalize their feelings, struggling to express their pain and grief, which can lead to unhealthy coping strategies such as substance abuse. In the aftermath of divorce, men frequently confront feelings of overwhelming depression, anxiety, and a deep-rooted sense of failure.

The abrupt transition from being a husband and father to living as a single individual can shatter their sense of purpose and self-worth. Particularly painful is the grieving process that many men endure, especially if they were blindsided by the divorce or did not wish for it.

### Financial Consequences

The financial fallout of divorce can be particularly catastrophic for men, especially those who have traditionally been the primary earners in their households. The process often includes substantial financial obligations, such as[ spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/) (alimony) and [child support](https://familylawadvocate.com/divorce/child-support/), which can drastically diminish their disposable income. On average, couples spend around $7,000 to finalize a divorce, but hidden costs and enduring financial obligations can continue to burden men for years.

In many instances, men find themselves stripped of access to shared assets, including their marital home and retirement accounts, forcing them to rebuild their financial lives from scratch. Furthermore, divorced men generally face more obstacles in remarrying than women do, further complicating their long-term financial stability. In 2008, there were 48.9 remarriages per 1,000 previously married men, compared to only 25.2 for women—a gap that is closing, as fewer men choose to remarry.

### Fatherhood and Custody Challenges

For many fathers, the emotional pain of divorce is exacerbated by the loss of daily contact with their children. In most custody arrangements, mothers are awarded primary custody, often leaving fathers grappling with limited visitation rights. This dynamic can foster feelings of alienation, profound grief, and helplessness as fathers navigate an evolving role within their children’s lives.

Even in situations where joint custody is arranged, practical challenges and strained co-parenting relationships can make it difficult for fathers to maintain a strong emotional connection with their children. Research indicates that men who actively engage in their children’s lives after divorce typically experience better emotional health; however, systemic barriers and social stigmas often make that connection challenging to achieve.

### Physical Health Decline

The strain of divorce does not merely impact mental well-being; it can also detrimentally affect men’s physical health. Divorced men face increased risks, including:

- Elevated chances of heart disease
- Higher rates of substance abuse
- Deteriorating diet and exercise habits
- A reduced life span

The absence of a supportive partner—who might have promoted healthier lifestyle choices—combined with the emotional turmoil from the divorce can lead to these serious health outcomes. In many cases, men may ignore health symptoms or delay seeking medical attention, further exacerbating potential risks to their well-being.

### Social Isolation and Identity Loss

Marriage often provides men with a sense of stability, identity, and social belonging. After a divorce, many men find themselves grappling with a profound sense of disconnection, particularly if their friendships and social engagements were closely tied to their spouse’s social circles or family activities.

Unlike women, who are generally more inclined to maintain friendships and seek emotional support, many men withdraw or feel societal pressures to stoically endure their struggles. This isolation is intensified by societal norms that discourage vulnerability in men, leading them to feel compelled to “tough it out” or avoid discussing their emotions. Such pressures can hinder emotional healing and lead to prolonged psychological distress.

### Recovery and Resilience

Despite the array of challenges faced during and after a divorce, it is heartening to note that many men do find a path to recovery and rebuild fulfilling lives. Several key factors contribute to this resilience, including:

- Access to mental health resources that facilitate healing
- Strong, positive father-child relationships that provide emotional sustenance
- Supportive friendships and a sense of community that foster connection
- Effective financial planning and legal guidance

Men who actively pursue therapy, adhere to routines, and strive to find new meanings in their lives often report a gradual improvement in their overall well-being. While divorce can undoubtedly be a challenging journey, it can also serve as a powerful catalyst for personal growth, requiring deliberate effort and support to navigate successfully.

Divorce profoundly affects men in numerous ways. The emotional trauma, financial strain, health risks, and social isolation reveal a critical need for greater awareness and tailored support for men facing these challenges. By acknowledging these realities and promoting resources that address men’s unique post-divorce needs, society can help cultivate healing, resilience, and a renewed sense of purpose.

## Discuss your Case with our Men’s Divorce Lawyers in Wilmette, IL

During our 20+ years of courtroom experience, we have seen bias too often by courts against men. That is why most men expect to get minimal results when they decide to get divorced. But with our divorce attorneys who have a proven track record, you can rest assured that we will strive to achieve your goals and vigorously defend your best interests in all divorce proceedings.

If you want to get more information, you may [contact the Law Office of Gordon & Perlut](https://familylawadvocate.com/contact-us/), LLC today at 847-329-0101/ 312-360-0250 or use our online form to schedule an initial consultation and discuss your case with our Wilmette divorce attorneys. We have offices in Chicago and Skokie, Illinois.

---

### [Forest Park Child Custody Attorney](https://familylawadvocate.com/child-custody-attorney-forest-park-il/)

**Published:** August 18, 2017
**Author:** familylawadvocate

**Content:**

Determination of child custody should be heavily emphasized on the best interest and well-being of the children. Unfortunately, your Judge or the other parent may perceive “best interests” differently than you, which may have an adverse effect on the emotional well-being of your children. Protecting your parental rights in child custody cases not only requires personal resolve and clear priorities, but also vigorous legal representation of an experienced and reliable attorney who can meticulously advocate for your situation.

## Allocation of Parental Responsibilities, Parenting Time, and Parenting Plans

![Forest Park Child Custody Attorney](https://familylawadvocate.com/wp-content/uploads/2017/08/Forest-Park-Child-Custody-300x200.jpg "Forest Park Child Custody Attorney | Chicago & Skokie Divorce & Family Law Attorneys") As of January 2016, the terms “visitation” and “child custody” have been replaced in the legal glossary with “[parenting time](https://familylawadvocate.com/divorce/visitation/)” and “allocation of parental responsibilities”. Since a child needs the love and support of both parents to grow up into an independent, responsible adult, Illinois laws have been changed, where both parents will be assigned a certain amount of parenting time so that the child can live with both parents. The allocation of parental responsibilities grants each parent a set of responsibilities to make specific life decisions that are crucial to the upbringing of their child.

A parenting plan is a legal document that sets forth the guidelines pertaining to parental responsibilities, parenting time, and other matters. It must be approved by the Court and serves as a “road map” for each parent to know about their responsibilities and the amount of parenting time allotted to each of them. If circumstances have changed for one or both parents, this plan can be modified by the Court, but it will require filing a petition and going through a formal legal process.

## Frequently Asked Questions About Divorce In Illinois

### What are the legal grounds for divorce in Illinois?

In Illinois, the legal framework surrounding divorce is founded on[ the principle of no-fault](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000), which simplifies the process considerably. This means that spouses can obtain a divorce solely on the grounds of irreconcilable differences, without needing to assign blame for issues like adultery, abuse, or abandonment. If both parties are in agreement, the court automatically assumes that irreconcilable differences exist. However, if one spouse disputes the divorce, the court may require evidence that the couple has lived separately for a minimum of six months, ensuring there’s ample time to address their differences.

### What are the residency requirements?

To initiate a divorce proceeding in Illinois, at least one of the spouses must have established residency in the state for at least 90 consecutive days before filing the divorce petition. This petition must be submitted to the circuit court located in the county where either spouse currently resides, emphasizing the importance of local jurisdiction in these matters.

### How is property divided in an Illinois divorce?

Illinois implements an equitable distribution approach for dividing marital property, which does not necessarily result in an equal split but focuses on fairness. Marital property encompasses all assets acquired during the marriage, including:

- Real estate, such as homes or land
- Bank accounts, encompassing savings and checking accounts
- Retirement funds accumulated during the marriage
- Vehicles that were purchased jointly

When dividing assets, the court evaluates factors like each spouse’s contributions to the marriage, their individual earning potential, and any custody arrangements in place. Conversely, non-marital property—such as inheritances, gifts, or assets possessed prior to the marriage—is typically excluded from this division process.

### What is spousal maintenance?

Spousal maintenance, previously known as alimony, refers to financial support that one spouse may be required to pay to the other post-divorce. This support is determined based on several factors, including:

- The duration of the marriage, recognizing long-term commitments
- The income and financial needs of both spouses, ensuring fairness in support
- The standard of living established during the marriage, which helps maintain a sense of stability
- The age and health of both spouses, as these can significantly impact their ability to earn income

For couples with a joint income of under $500,000 per year, Illinois offers a statutory formula to assist in calculating maintenance amounts. In cases where the income exceeds this threshold, the court has the discretion to decide the appropriate maintenance based on the specifics of the situation.

### How is child custody determined?

In Illinois, the term “allocation of parental responsibilities” is utilized rather than traditional custody to outline how decisions about a child’s upbringing are made. The court determines key aspects such as:

- Who is responsible for making significant decisions regarding the child’s education, healthcare, and religious upbringing
- The specifics of parenting time, previously referred to as visitation, which defines how much time each parent will spend with the child

The court’s decisions center on the best interests of the child, taking into account considerations such as:

- The level of cooperation between parents
- The child’s relationships with each parent and how those relationships affect their wellbeing –
- The stability and safety of the living conditions provided by each parent
- The child’s own preferences and wishes, depending on their age and maturity level

### How is child support calculated?

Illinois employs the Income Shares Model to determine child support obligations, which takes into account:

- The combined incomes of both parents
- The number of children involved in the case
- The distribution of parenting time between the parents

Support calculations may also factor in additional expenses such as health insurance, childcare, and costs associated with extracurricular activities. Typically, child support payments are processed through the [Illinois State Disbursement Unit](https://www.ilsdu.com/) (SDU) to ensure transparency and reliability.

### How long does a divorce take?

The duration of divorce proceedings can differ significantly based on the specific circumstances:

- An uncontested divorce, where both parties agree on all terms, generally takes about 2 to 6 months to finalize
- In contrast, a contested divorce, where disputes arise over various issues, can extend anywhere from 6 months to 18 months or more

Delays in the process often stem from disagreements regarding child custody, property division, or financial support, as well as scheduling constraints within the court system.

### Do I need a lawyer?

While hiring a lawyer is not mandatory, it is highly advisable, especially in cases where children, significant property, or financial support issues are involved. An experienced attorney can:

- Safeguard your rights and interests throughout the legal process
- Navigate the complexities of court procedures and legal requirements
- Draft enforceable agreements that accurately reflect the parties’ wishes
- Skillfully negotiate settlements that provide equitable outcomes for both parties

## Child Custody Attorneys in Forest Park, IL

At Gordon & Perlut, LLC, we are committed to upholding your rights as a parent of your children and fighting on your behalf. While working on your case, we ensure that your child’s best interests are kept as the topmost priority. We have been assisting clients for more than 20 years in child custody issues, such as parental rights, parenting time, allocation of parental responsibilities, parenting plans, and modification of orders.

We work closely with you to develop a comprehensive legal strategy where we create a manageable plan that [benefits you and your children](https://familylawadvocate.com/what-are-the-benefits-of-co-parenting-for-the-children/). We strive to work out a negotiated solution and settle matters amicably, if possible. However, if your spouse is trying to undermine you during the case proceedings and spoil your relationship with your children, we diligently fight to help you maintain parental rights and value as a parent intact in front of the court and children.

## Discuss your Case with Our Forest Park Child Custody Attorney Today

If you are seeking legal counsel for your child custody case, you may [contact](https://familylawadvocate.com/contact-us/) Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation with our child custody attorneys. We have offices conveniently located in downtown Chicago and Skokie, Illinois.

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### [Arlington Heights Divorce Lawyer](https://familylawadvocate.com/divorce-attorney-arlington-heights-il/)

**Published:** December 9, 2019
**Author:** familylawadvocate

**Content:**

Making the decision to end your marriage is surely not one you’ll come to easily. And perhaps equally difficult is knowing how to navigate the divorce process once the decision to split ways has been made. At the law offices of Gordon & Perlut, LLC, our Arlington Heights divorce lawyers are here to represent you and make sure that your interests are protected. Call our law firm today for help pursuing your divorce or settling issues in your divorce.

Illinois Divorce Laws: What You Need to Know if You’re Filing for Divorce in Arlington Heights

Before you can file for divorce in Illinois, it’s important to understand what the laws are regarding the dissolution of marriage. Keep the following in mind:

- **Residency requirement.** Residency requirements must be satisfied before the court will accept a petition for dissolution of marriage. At least one spouse must be a resident of the state for a minimum of 90 days prior to filing.
- **Grounds for divorce.** When you file your petition for dissolution of marriage, you must state the grounds on which you are seeking your divorce. Illinois is now a no-fault divorce state, which means that you will file based on the grounds of irreconcilable differences. According to [Illinois divorce laws](https://statelaws.findlaw.com/illinois-law/illinois-legal-requirements-for-divorce.html), if the parties have lived separate and apart for at least six months, there will be an irrebuttable presumption that the requirement of irreconcilable differences has been met.
- **Filing fee.** Note that when you file for divorce, you will have to pay a filing fee.

## Navigating Tough Issues in a Divorce

![](https://familylawadvocate.com/wp-content/uploads/2019/12/Arlington-Heights-Divorce-300x169.jpg)

Once your divorce has been filed, there are numerous issues that must be resolved in the divorce case before the divorce can be settled. This includes:

- [Division of property](https://familylawadvocate.com/divorce/property-division/) and debts
- Alimony or [spousal support](https://familylawadvocate.com/maintenance-aka-alimony/)
- Child custody/[parental responsibilities](https://familylawadvocate.com/divorce/child-custody/)
- [Child support](https://familylawadvocate.com/divorce/child-support/)

There are typically two different ways that these issues can be resolved: through out-of-court negotiations and/or mediation involving each party, or through divorce litigation. The former option is strongly advised; if you and your spouse can work together to resolve issues, your divorce case will conclude faster and will be less expensive. Of course, this is not always possible for couples, particularly those in an especially contentious marriage. For these couples, litigation may be necessary.

## Frequently Asked Questions About Divorce In Illinois

### What are the grounds for divorce in Illinois?

[Illinois operates under a no-fault divorce system](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000). This means that neither spouse needs to prove wrongdoing, such as infidelity or abuse, to obtain a divorce. The only legally recognized ground for divorce is “irreconcilable differences,” which signifies that the marriage has suffered an irretrievable breakdown. If both spouses agree to the divorce, the court automatically assumes irreconcilable differences. If one spouse contests the divorce, however, the court may require proof that the couple has lived separately for a minimum of six months, demonstrating the breakdown of the relationship.

### How do I start the divorce process?

To commence the divorce process, one spouse (the petitioner) must file a legal document known as the Petition for Dissolution of Marriage in the circuit court of the county where either spouse has lived for the past 90 days. The petitioner is obligated to: – Satisfy the residency requirement. – Serve the other spouse with legal notice through a process server or sheriff. – Fully disclose financial information, including income, property, debts, and expenses. In many cases, temporary orders may be sought to address urgent matters such as child support, custody arrangements, or spousal maintenance while the divorce proceedings are ongoing.

### How is property divided in Illinois?

Illinois adheres to the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally. Marital property encompasses assets and debts acquired during the marriage, including:

- Real estate (homes, land)
- Retirement accounts (pensions, 401(k) plans)
- Personal property (vehicles, furniture)
- Business interests and professional licenses

The court will examine various factors to determine what constitutes a fair division, including each spouse’s contributions to the marital estate, their respective earning capacities, the length of the marriage, and the arrangements made for child custody. It is important to note that non-marital property, such as inheritances, gifts received from a third party, or assets acquired before the marriage, is typically excluded from property division.

### What is spousal maintenance (alimony)?

Spousal maintenance, often referred to as alimony, may be awarded to one spouse based on several factors, which include:

- The length of the marriage.
- The financial circumstances of each spouse, including income and needs.
- The standard of living established during the marriage.
- The ages and health conditions of both parties.

In Illinois, a statutory formula may be used to calculate maintenance for couples whose combined income is under $500,000 per year. For couples with a higher combined income, the court retains discretion and may consider additional factors. Maintenance can be designated as temporary (for a fixed period), fixed-term, or indefinite, based on the unique circumstances of the case and the needs of the receiving spouse.

### How is child custody determined?

In Illinois, the legal terminology for child custody has evolved to “allocation of parental responsibilities.” This framework addresses crucial aspects such as:

- Decision-making authority regarding significant issues like education, healthcare, and religion.
- The amount of time each parent spends with the child, which was previously known as visitation.

The court prioritizes the best interests of the child when making custody determinations. Key considerations include:

- The level of cooperation between parents.
- The child’s relationship with each parent and siblings.
- The safety, stability, and suitability of each home environment.
- The child’s wishes, which may be considered based on their age and maturity level.

Parents are encouraged to submit a mutually agreed-upon parenting plan outlining these responsibilities, but if they cannot reach an agreement, the court may impose its own plan.

### How is child support calculated?

Illinois employs the Income Shares Model to calculate child support, which is designed to allocate the financial responsibilities of raising children based on the income of both parents. The key factors include:

- The combined income of both parents.
- The number of children requiring support.
- The allocated parenting time for each parent, which recognizes the cost of supporting children while they are in each parent’s care.

Child support may encompass various expenses beyond basic financial support, including health insurance costs, childcare expenses, extracurricular activities, and contributions toward college tuition. Payments are generally processed through the Illinois State Disbursement Unit (SDU), which assists in tracking payments and ensuring compliance.

### How long does a divorce take?

The duration of the divorce process can vary widely depending on several factors, including the complexity of the case, the degree of cooperation between spouses, and any disputes that may arise. Generally:

An uncontested divorce, where both parties agree on all major issues, can typically be finalized within 2 to 6 months.

A contested divorce, which may involve disputes over property division, child custody, or support, can take anywhere from 6 to 18 months or even longer, depending on the court’s schedule and other factors.

Factors that can extend the timeline include children’s custody disputes, asset valuations, and delays in court scheduling.

### Do I need a lawyer?

While it is not mandatory to hire a lawyer for divorce proceedings, it is highly advisable to seek legal representation, especially in cases involving children, significant assets, or spousal support. An attorney can provide valuable assistance by:

Protecting your legal rights throughout the process.

Navigating the complexities of court procedures and rules.

Negotiating equitable settlements and agreements.

Drafting necessary legal documents to ensure compliance and enforceability.

## Work with Our Experienced Arlington Heights Divorce Lawyer

Whether you are contemplating divorce or are already engaged in legal proceedings, it is highly beneficial to consult with a qualified family law attorney who can guide you through the process and provide support during this challenging time

As you think about divorce and start the process of filing or responding to a petition for dissolution of marriage in Arlington Heights, be sure to consider the value of working with an attorney. Even if your divorce is relatively amicable, having a lawyer on your side who can review your divorce settlement and advocate for your interests can protect you in the long-term.

At the law offices of Gordon & Perlut, LLC, our Arlington Heights divorce lawyers are available to sit down with you and discuss your divorce case at your convenience. Reach out to our law firm today by phone at 312-360-0250 or [contact us online here](https://familylawadvocate.com/contact-us/) to get started.

---

### [Adoption](https://familylawadvocate.com/adoption/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Attorneys Managing the Adoption Process

### Diligent Chicago adoption attorneys serving Skokie and Cook County

The Illinois adoption attorneys of Gordon & Perlut, LLC can assist clients with this important area of law. If your spouse is adopting a child from your previous relationship, or if you are attempting to adopt a child to start or expand your own family or to adopt an adult, our firm can help you with the process.

## Understanding Legal Adoption

Adoption creates a relationship of legal parentage between adopting parents and their new child. The best interests of the child are the primary consideration in a court’s decision to grant an adoption. This may involve an in-depth examination of the child’s circumstances and that of the proposed adoptive home, particularly in the case of potential adoptees with special needs. Our experienced Illinois adoption attorneys can help you present a skillful case for a legal grant of adoption.

One of the most important things our Illinois adoption attorneys stress to our clients is that the adoptive parents become responsible for all of the legal duties of parenthood, including support. A legal adoption severs the legal ties of parenthood that once existed between adoptees and their biological parents.

Adoption should be distinguished from [guardianship](https://familylawadvocate.com/divorce/guardianships/ "Guardianships"), which may provide a range of caretaker responsibilities and rights but does not make the guardian a legal parent or cut the original ties of parentage. Depending on the causes for establishing the guardianship, such as by court order, there may be considerations of [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") involved. Your Skokie attorney can advise you about the legal issues regarding adoption or guardianship in your unique case.

## Frequently Asked Questions About Adoption In Illinois

### What types of adoption are recognized in Illinois?

Illinois law recognizes several distinct types of adoption, each with unique processes and requirements. These include:

**Agency Adoption** – This type of adoption is facilitated through licensed child welfare agencies. The agency is responsible for matching adoptive parents with children, managing the legal and paperwork processes, and providing support services throughout the adoption process.

**Private Adoption** – In this arrangement, birth and adoptive parents communicate and negotiate directly, often with the assistance of attorneys to ensure that all legalities are properly addressed. This type of adoption allows for a more personal connection between families.

**Related Adoption** – This occurs when the adoptive parent has a familial connection to the child, such as in cases of stepparenting or when a grandparent adopts their grandchild. It often simplifies the legal process due to the pre-existing relationship.

**Adult Adoption** – This allows individuals over the age of 18 to be legally adopted, which is sometimes pursued for reasons related to inheritance rights or to formalize a close emotional bond.

**International Adoption** – This involves adopting a child from another country, requiring adherence to both U.S. laws and the laws of the child’s country of origin. This process can be especially complex due to different legal standards and cultural considerations. Each type of adoption has its own set of procedures, timelines, and legal prerequisites, which adoptive parents need to understand fully.

Who can adopt a child in Illinois? In Illinois, eligibility to adopt a child is governed by specific legal criteria (as outlined in[ 750 ILCS 50/2](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59)). To qualify, prospective adoptive parents must:

**Age Requirement** – Be at least 18 years old. Exceptions may apply in cases such as step-parent or relative adoptions, where younger individuals could be involved.

**Character Considerations** – Be of sound mind and possess good moral character. This usually involves evaluations and assessments by social services during the home study process.

**Residency** – Have resided in Illinois for at least six months prior to adopting (90 days for military personnel stationed away from home).

**Stability** – Demonstrate both financial and emotional stability to ensure that they can provide a secure and supportive environment for the child. If adopting as a married couple, both spouses typically must adopt together unless one spouse is legally separated or has a significant disability that precludes joint adoption.

### Do birth parents have to consent to adoption?

Yes, under most circumstances, birth parents are required to provide voluntary and informed consent to the adoption. Illinois law specifies exceptions in certain situations:

- If birth parents’ parental rights have been terminated by a court order.
- If the birth parents cannot be located after reasonable and diligent efforts have failed.
- If the birth parents are judged to be unfit due to issues such as abuse, neglect, or abandonment.

Consent must be provided in writing and formally witnessed by a judge or another authorized official. It is important to note that birth parents have a limited time frame—typically 72 hours after signing—during which they can revoke their consent to the adoption.

### What is the role of the Illinois Department of Children and Family Services (DCFS)?

[The Illinois Department of Children and Family Services](https://dcfs.illinois.gov/) (DCFS) plays a pivotal role in the adoption process, especially when children are in state custody. Their responsibilities include:

**Evaluating Adoptive Families** – DCFS conducts thorough assessments to ensure that potential adoptive families are suitable for the children they intend to adopt.

**Coordinating Placement and Services** – They handle the logistics of placing children with adoptive families and ensuring that all necessary support services are in place.

**Ensuring Compliance** – DCFS ensures that all adoptive families adhere to the standards set forth in the Adoption Act and that the welfare of children in the system is prioritized. It’s important to note that private and related adoptions do not usually involve DCFS unless the child has been placed in foster care.

### Is a home study required?

Yes, a home study is a critical component of the adoption process in Illinois. It involves a comprehensive evaluation of the prospective adoptive family, which includes:

**Background Checks** – Criminal background checks and child abuse clearances are conducted for all household members.

**Interviews** – The family will undergo interviews to assess their readiness, motivations, and suitability for adoption.

**Home Safety Inspections** – A thorough inspection of the home is conducted to ensure it provides a safe environment for the child.

**Financial and Medical Evaluations** – These assessments are performed to ensure the family has the necessary resources to support the child’s well-being.

The goal of the home study is to confirm that the adoptive home provides a nurturing environment. This evaluation is generally conducted by licensed social workers or adoption agencies and typically takes about 2 to 3 months.

### How long does the adoption process take?

The duration of the adoption process can vary widely depending on the type of adoption involved:

**Private or Related Adoptions** – These typically take between 3 to 6 months from start to finish.

**Agency or Foster Care Adoptions** – These can take 6 to 12 months or longer, depending on various factors including the specific agency involved and the child’s situation.

**International Adoptions** – Such adoptions tend to be the longest, often taking between 12 to 24 months due to the complex legal requirements that vary by country. Delays may happen due to various factors, such as legal proceedings, completion of the home study, or compliance with interstate or international requirements.

### Can LGBTQ+ individuals adopt in Illinois?

Yes, LGBTQ+ individuals and couples can legally adopt in Illinois. The state’s laws expressly prohibit discrimination based on sexual orientation or gender identity. This means that LGBTQ+ individuals are eligible to pursue adoption through any recognized pathway, including private, agency, and foster care adoptions. Illinois has made strides toward inclusivity in adoption, allowing diverse family structures to participate in the process.

### What are post-adoption legal steps?

Once the adoption is finalized, adoptive parents should take several important post-adoption steps:

**Obtain a New Birth Certificate** – Adoptive parents should apply for a new birth certificate that lists them as the child’s legal parents.

**Update Legal Documents** – It’s essential to revise legal documents, such as wills and insurance policies, to reflect the adoption.

**Consider Counseling or Support Services** – Post-adoption counseling can be beneficial for both the adoptive family and the child, helping them adjust to their new family dynamics. It’s crucial to understand that adoption is a permanent and irrevocable legal process once finalized by the court and that adoptive parents are fully responsible for their child’s welfare. ###

## Contact Our Illinois Adoption Attorneys Today

Adoption in Illinois is guided by the Illinois Adoption Act, which mandates comprehensive legal and emotional preparation for everyone involved. Whether you are planning to adopt a newborn, a relative, or a child from foster care, it is highly advisable to collaborate with an experienced attorney or licensed adoption agency. Doing so can ensure that you meet all legal requirements and provide a safe, loving environment for your new family member.

For more information, [email](https://familylawadvocate.com/contact-us/ "Contact Us") our Chicago adoption lawyers of Gordon & Perlut, LLC, or call our Chicago office at 312.360.0250  or our Skokie office at 847.329.0101  for help with your adoption case. Our firm serves Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the [Cook County](https://www.cookcountyil.gov/) area.

---

### [The Effect of Divorce on Children](https://familylawadvocate.com/children-and-divorce/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

### Attorneys minimizing your family’s divorce stress

Most parents are concerned about their children when they file for divorce. At Gordon & Perlut, LLC, we understand your concerns. We believe that family comes first.

The University of New Hampshire Cooperative Extension reported the following information about how children handle divorce and separation:

- **Age of children** – The less children understand, the more they may act out.  Divorce as well as child custody and visitation arrangements affects children of all ages. The emotional state of the parents can also have an effect on them physically and emotionally.  However, the quality of the parent-child relationship is more important than the gender and age of the child.
- **Gender of children** – Research shows that children handle divorce better when there is joint child custody or when primary custody is with the parent of the same gender.  Again; however, the strength of the relationship is more of a determinant.
- **Amount of conflict** – When parents fight, it is disturbing to children.  Hostility can cause behavioral, mental, and emotional problems.
- **Amount of support** – Parents and other family members who honestly communicate with children can make their adjustment easier.

Our divorce law firm makes every effort to reduce the negative impact of divorce on the children involved.

## Divorce mediation minimizes negative effects on children

The courts have found mediation to be so helpful that they frequently insist that divorcing parents mediate their disputes before they litigate.  This allows the parents to create their own parenting plan, including creative solutions for their problems that the court might not consider. Minimizing conflict through mediation may benefit the emotional wellbeing of the children and influence the court’s determinations on the practical aspects of their care, such as [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") (now known as allocation of parental responsibilities), [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"), [guardianship](https://familylawadvocate.com/divorce/guardianships/ "Guardianships"), and [visitation](https://familylawadvocate.com/divorce/visitation/ "Visitation") (now known as parenting time).

Our divorce lawyers believe that mediation:

| - Reduces conflict between parents - Makes children feel included - Creates a sense of empowerment | - Opens lines of communication - Enhances parent/child closeness - Produces better solutions |
|---|---|

Emphasizing love and approval, and minimizing conflict are the best ways to help children handle a divorce.

## Limiting Your Stress During a Contested Divorce

Parents’ stress can take a toll on their children. Even infants can have negative reactions.

Get tips from a divorce lawyer about getting through a difficult divorce.

Divorce is a life-altering event not only for spouses but also for their children. While adults may view divorce as a solution to conflict or unhappiness, children often experience it as a disruption to their emotional security, daily routines, and family identity. Below are frequently asked questions that explore how divorce impacts children—emotionally, developmentally, and socially—and what parents can do to support them through the transition.

## Frequently Asked Questions About How Divorce Impacts Children

### How does divorce affect children emotionally?

Divorce can evoke a complex mix of emotions in children, as they navigate the upheaval of their family structure. They may feel a deep sense of sadness and loss, alongside anger and confusion regarding the circumstances surrounding their parents’ separation. Guilt can also haunt them, leading them to mistakenly believe they played a role in the divorce, while fear of abandonment can linger in their hearts. Children often experience:

**Confusion** – They might struggle to understand why one parent has chosen to leave.

**Anxiety** – Many children worry about losing love and attention from both parents.

**Guilt** – Believing they were somehow responsible for the family’s split can weigh heavily on their minds.

**Fear** – Worries about further changes in their lives may lead to feelings of insecurity.

The emotional aftermath of divorce is often influenced more by how the parents manage the separation than by the divorce itself. High levels of conflict, poor communication, and inconsistency in parenting can intensify these feelings, disrupt the child’s sense of security, and complicate their emotional healing.

### Do children of different ages react differently to divorce?

Absolutely. A child’s understanding and coping mechanisms are closely tied to their age and developmental stage, which profoundly shape their reactions to divorce:

**Infants and toddlers (0–3 years)** – Though they may not grasp the concept of divorce, these young children are sensitive to the emotional climate around them. They can absorb the tension and stress from their parents, showing behavioral changes such as increased clinginess, irritability, or disturbances in their sleep and feeding patterns.

**Young children (4–7 years)** – At this stage, children engage in magical thinking and may wrongly blame themselves for the divorce. They often exhibit regression in their behaviors, such as returning to earlier habits like bedwetting or throwing tantrums, and can experience heightened separation anxiety.

**School-age children (8–12 years)** – As they start to understand cause and effect, these children may grapple with divided loyalties, feeling torn between their parents. Academic performance can suffer as they deal with stressors, leading to declining grades, social withdrawal from peers, or acting out in frustration.

**Teenagers (13–18 years)** – Adolescents process divorce with a complex array of emotions and may wrestle with feelings of anger, sadness, and skepticism about future relationships. Their developing sense of identity may be challenged, leading to confusion and distress.

### Can divorce affect a child’s academic performance?

Yes, the emotional turmoil caused by divorce can significantly disrupt a child’s educational experience. When children carry emotional burdens, their ability to concentrate on schoolwork diminishes, leading to potential setbacks, including:

**Lower grades** – The inability to focus on academic tasks can result in lower performance.

**Difficulty concentrating** – Worry and distraction often impede their ability to engage in classroom activities.

**Behavioral issues** – Stress may manifest as disruptive behavior or conflicts with peers and teachers.

**Social isolation** – Children may feel embarrassed about their family changes, which can lead to withdrawal and difficulty forming friendships.

Support from teachers, counselors, and a caring home environment can play a vital role in helping children navigate these challenges and enhance their academic performance.

### How can parents help children cope with divorce?

The approach that parents take during and after the divorce is crucial for their children’s adjustment. Here are some key strategies to foster emotional well-being:

**Open communication** – Creating a safe space for children to express their feelings and ask questions can help them feel heard and understood.

**Reassurance** – Regularly reminding children that they are deeply loved and that they are not at fault for the divorce can provide comfort.

**Consistency** – Maintaining familiar routines can offer stability and a sense of normalcy amid the upheaval.

**Neutrality** – Avoiding negative comments about the other parent in front of the child promotes healthier relationships and emotional security.

**Professional support** – Counseling or therapy can provide valuable outlets for children to explore their feelings and develop coping mechanisms in a safe environment.

### What is the impact of co-parenting on children’s well-being?

Effective co-parenting is critical for the emotional health of children following a divorce. A cooperative and respectful partnership between parents fosters a sense of security in their children. Elements of successful co-parenting include:

**Unified rules and expectations** – Having consistent guidelines across both households helps children feel, more stable and secure.

**Conflict avoidance** – Minimizing conflict in front of the child allows them to maintain healthy relationships with both parents.

**Prioritizing the child’s needs** – Always considering the emotional and developmental needs of the child is key to ensuring their well-being.

### Will my child need therapy?

While not every child will require therapy, it can be a tremendously beneficial resource—particularly for those exhibiting signs of prolonged distress. Indicators that therapy may be helpful include:

**Persistent sadness or anxiety** – Continuous emotional turmoil may signify underlying issues requiring professional attention.

**Behavioral regression** – A return to behaviors typical of younger children can suggest difficulty coping with the changes.

**Social withdrawal** – A noticeable retreat from friends or activities may indicate a deeper emotional struggle.

**Academic decline** – Falling grades or lack of engagement in schoolwork can be red flags. Therapists who specialize in child development and family dynamics can offer essential support, helping children build resilience and effective coping skills.

### How long does it take children to adjust to divorce?

The period of adjustment following a divorce can vary widely among children. Some may adapt relatively quickly, within 6 to 24 months, especially when they receive stable support from both parents. On the other hand, unresolved conflict, frequent changes in living arrangements, or lack of effective communication can prolong the emotional recovery process, making adaptability more challenging.

### Can divorce have long-term effects on children?

Yes, divorce can impact children long into adulthood, but the outcomes often depend on several key factors. Some children may face challenges such as:

Trust issues – Difficulty in trusting others or fears of commitment in future relationships can stem from childhood experiences of divorce.

Increased risk of mental health issues – There may be a higher likelihood of experiencing depression or anxiety in adulthood.

Skepticism about marriage – Negative early experiences can lead to doubts about the stability of marriage and family life. Nonetheless, many children of divorce grow into emotionally healthy, well-adjusted adults, particularly when parents exemplify resilience, empathy, and cooperation throughout and after the separation process.

## Contact Our Chicago Divorce Lawyers

Divorce doesn’t have to derail a child’s development. With thoughtful planning, emotional support, and respectful co-parenting, children can adapt and thrive. The key is not just minimizing harm—but actively fostering healing and growth.

Divorce changes everything for your family.  We have skills in alternative dispute resolution and litigation that can ease the transition for you and your children.
Contact our office online and meet with caring divorce lawyers.  Contact our divorce lawyers [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our [Skokie](https://www.skokie.org/) office.

---

### [Guardianships](https://familylawadvocate.com/divorce/guardianships/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Attorneys Helping You Gain Guardianship in Illinois

### Lawyers focused on your child’s best interests

Often, it is necessary to ask a court to appoint a guardian for a minor when neither parent cannot care for that child. Any person who is at least 18, of sound mind and not adjudicated a disabled person under the law, and who has not been convicted of a felony and is found capable by the court of providing an active and suitable program of guardianship in Illinois for the minor is qualified to act as guardian of the person or the estate of a minor.

To appoint a guardian for a minor, a petition must be filed with the court requesting the appointment. Parents may also designate a person qualified to act as guardian for his or her child in any writing, including a will. This designation must be done in a very specific way, as set forth in the laws regarding guardianship in Illinois.

Your lawyer can help you sort out the difficult issues of guardianship, [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") (now known as allocation of parental responsibilities), [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"), and [parenting time](https://familylawadvocate.com/divorce/visitation/ "Visitation"). An attorney can also help you understand the pros and cons of [legal separation versus divorce](https://familylawadvocate.com/divorce/legal-separation-vs-divorce/ "Legal Separation Vs Divorce").

It may also be necessary to request a court to appoint a guardian for a disabled adult. The most common situation involves elderly individuals who, with the advancement of age, cannot care for themselves or their estate. After filing a petition, the court may establish guardianship in Illinois for the disabled adult and the estate.

## Frequently Asked Questions on Guardianship in Illinois

### What is guardianship in Illinois?

Guardianship is a court-appointed relationship in which one person, known as the guardian, is authorized to make decisions on behalf of another person, referred to as the ward, who is deemed legally incapacitated. This authority may include decisions regarding healthcare, finances, education, or living arrangements. Guardianship is governed by the [Illinois Probate Act of 1975](http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2104) (755 ILCS 5).

### Who can be appointed as a guardian?

Any adult resident of the United States who is of sound mind and has no serious criminal convictions may be appointed as a guardian. In certain cases, institutions or public agencies may also serve as guardians. The court will assess the qualifications of the proposed guardian and may require background checks or training.

### Who needs a guardian?

A guardian may be appointed for: – A minor without parental care – An adult with developmental disabilities, mental illness, or physical incapacities – Someone who cannot manage personal or financial affairs due to substance abuse or cognitive decline. The court must determine that the individual is legally “disabled” under Illinois law before appointing a guardian.

### What types of guardianship exist in Illinois?

Illinois recognizes several types of guardianship:

**Guardian of the Person** – Makes decisions about healthcare, education, and living arrangements.

**Guardian of the Estate** – Manages financial affairs and property.

**Plenary Guardianship** – Holds full authority over the ward’s personal and financial decisions.

**Limited Guardianship** – Authority is restricted to specific areas, such as medical or educational decisions.

**Temporary Guardianship** – Grants short-term authority in emergencies.

### How is guardianship established?

The process begins by filing a petition in the circuit court of the county where the alleged disabled person resides. A physician’s report confirming the disability is required. The court may appoint a guardian ad litem to represent the ward’s interests. A hearing is held, and the judge decides whether guardianship is necessary and what type is appropriate.

### Can guardianship be modified or terminated?

Yes, guardianship can be modified if the ward’s condition changes or if the guardian is no longer suitable. It can be terminated if the ward regains capacity or upon the ward’s death. All changes must be approved by the court, and a hearing is typically required.

### Our Lawyers Can Help You Through the Process of Obtaining Guardianship in Illinois

Our experienced lawyers can help you apply for guardianship of minors.  For more information, [email](https://familylawadvocate.com/contact-us/ "Contact Us") our guardianship attorneys at Gordon & Perlut, LLC, or call our Chicago office at  312.360.0250 or our Skokie office at  847.329.0101 for help.

---

### [Family Law  & Guardianship Lawyers Northbrook, Illinois](https://familylawadvocate.com/family-law-attorney-northbrook-il/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Northbrook Guardianship Attorney

Let’s face it, there is little in our lives more important than our families, loved ones, and children. Most people would do everything in their power to make sure their children are loved and cared for. At Gordon & Perlut, LLC, we are proud to say that our profession is helping families. If you live in Northbrook, Illinois, or the Greater Chicago area, we want to help protect your family and loved ones by offering our insight and experience with [guardianship law](https://familylawadvocate.com/divorce/guardianships/). Our combined years of experience with [family law](https://familylawadvocate.com/family-law/) can help you gain peace of mind and rest assured that your children are safe in your absence. We can help assuage your fears by facilitating legal guardianship.

## The Need for Guardianship

If neither parent can provide adequate care for their children, it is necessary to appoint a legal guardian. Whether it is due to financial issues or untimely health issues, it is in the best interest of the child to make sure they appropriately cared for as they grow and develop into adulthood.

## Types of Guardianship

While it’s true that guardianship can offer your children the best care they deserve in your absence, guardianship isn’t just for children. Many times incapacitated adults or elderly loved ones also require legal guardianship. This is usually required when it is determined that a disabled adult or senior lacks the ability to care for themselves or their property. Whether you seek guardianship for a child or a senior, our experience with family law can help protect your loved ones.

## Frequently Asked Questions About Guardianship in Illinois

### What Is Guardianship?

Guardianship is a formal, court-appointed relationship wherein one individual, known as the guardian, is granted the authority to make critical decisions on behalf of another individual, referred to as the ward. This arrangement is particularly relevant for adults who lack the ability to manage their personal lives or financial affairs due to mental, physical, or developmental disabilities, ensuring that their needs are adequately met.

### Who Can Be Placed Under Guardianship?

Any adult aged 18 or older who is deemed disabled under the [Illinois Probate Act](http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2104) may be placed under the care of a guardian. Disabilities can manifest in various forms, including mental illnesses, developmental disorders, physical incapacity, or substance abuse, all of which can significantly impair an individual’s decision-making abilities.

### What Are the Types of Guardianship?

Illinois law recognizes several distinct types of guardianship, tailored to meet the unique needs of each ward:

**Guardian of the Person** – This guardian is responsible for making important decisions regarding the ward’s healthcare, living arrangements, and overall personal welfare, ensuring that the ward’s everyday needs are addressed.

**Guardian of the Estate** – This guardian takes charge of managing the ward’s financial affairs, property, and income, ensuring the ward’s financial stability and responsible asset management.

**Plenary Guardianship** – This grants the guardian full decision-making authority across all aspects of the ward’s life, providing comprehensive support.

**Limited Guardianship** – Here, the guardian’s authority is restricted to specific areas, such as making medical decisions or handling financial transactions, allowing for a more tailored approach.

**Temporary Guardianship** – This type of guardianship is employed in urgent situations, typically lasting up to 60 days, to provide immediate support before a more permanent decision can be made.

### How Is a Guardian Appointed?

The process of appointing a guardian starts with the filing of a formal petition in the circuit court of the county where the person in question resides. To establish the need for guardianship, a physician’s report must document the individual’s disability. Following this, the court conducts a hearing during which the alleged disabled individual has the right to legal counsel. Furthermore, they can request a jury trial if desired. If the court determines that guardianship is warranted, it will appoint a guardian who is deemed suitable for the individual’s specific circumstances.

### Who Can Serve as a Guardian?

Eligibility to serve as a guardian is granted to any adult resident of the United States, provided they are not legally disabled themselves or have not been convicted of a serious crime. Additionally, institutions such as banks or public agencies may also be appointed as guardians. The court typically favors individuals who have a pre-existing familiarity with the ward’s needs, promoting a smoother transition and better understanding of the individual’s circumstances.

### Can Guardianship Be Avoided?

Yes, there are alternatives to guardianship that can effectively preserve an individual’s autonomy while still providing necessary support. Options include powers of attorney, living wills, and surrogate decision-makers. These alternatives enable individuals to designate trusted persons to make decisions on their behalf, thus allowing for greater self-determination. Courts generally prefer the least restrictive means of assistance, making it vital to explore these alternatives before proceeding with guardianship.

### How Long Does the Process Take?

The guardianship process usually spans approximately 2 to 3 months, depending on the court’s calendar and the complexity of the individual case. In situations deemed urgent, such as those necessitating immediate intervention, emergency guardianship protocols can expedite the process to provide timely assistance.

### Can Guardianship Be Terminated?

Yes, guardianship can indeed be terminated. This may occur if the ward regains the capacity to make their own decisions or if the guardianship is no longer deemed necessary. To initiate termination, a formal petition must be filed with the court, which will then convene a hearing to ascertain whether discontinuing guardianship is appropriate under the circumstances.

### What Are the Guardian’s Responsibilities?

Guardians carry significant responsibilities and are legally obligated to act in the best interest of the ward. This involves maintaining accurate records of decisions made, financial transactions, and the ward’s overall well-being. Additionally, guardians are required to report to the court on a regular basis, often through annual reports that detail the ward’s condition and financial status. Failure to manage these responsibilities appropriately can result in serious consequences, including removal from the guardianship or legal penalties.

### Is Legal Help Necessary?

While securing legal counsel is not mandatory, it is highly advisable. The guardianship process encompasses a range of complex legal procedures, and having an experienced attorney can be invaluable in ensuring compliance with state laws while safeguarding the rights of all parties involved. An attorney’s guidance can provide clarity and peace of mind throughout this intricate process.

## Call Our Northbrook Guardianship Attorneys Today for a Free Consultation

Guardianship in Illinois serves as a crucial legal framework aimed at safeguarding individuals who are unable to make informed decisions due to various factors such as disability, age, or incapacity. At Gordon & Perlut, LLC, our profession is helping families. We are passionate about protecting families and children, and we take pride in our work. If you live in [Northbrook, Illinois](https://www.northbrook.il.us/), or the greater Chicago area, call Gordon & Perlut, LLC at 312-360-0250 today for a free initial phone consultation.

---

### [Divorce & Family Law Attorneys Glenview, Illinois](https://familylawadvocate.com/family-law-attorney-glenview-il/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Family Law

Divorce can be an extremely stressful time for adults as they separate, but unsurprisingly, it can be even more difficult for children. As your family separates, it is in the best interest of the child or children to legally facilitate [child support](https://familylawadvocate.com/divorce/child-support/). If you know you need legal assistance with [child support](https://familylawadvocate.com/how-much-child-support-should-i-get-per-child/) but do not know who to turn to, consider Gordon & Perlut, LLC. They are local to the greater Chicago area and serve clients in Glenview, Illinois. They are accountable, reputable attorneys who specialize in all types of law that relate to your family.

## Child Support

The rules that govern child support in Illinois are very clear. Once child support has been awarded, there is little grey area. If child support is awarded by the courts, the “obligor” must pay a percentage of their net income depending on how many children there are. However, there are a lot of factors that come into play to determine whether or not child support will be awarded. The best thing you can do if you are uncertain whether or not you should attempt to gain child support is to find an accountable [family law attorney](https://familylawadvocate.com/family-law/).

Navigating family law in Illinois can be daunting, especially during emotionally charged times like divorce, custody disputes, or financial negotiations. Below is a detailed FAQ guide that addresses the most common questions individuals face when dealing with family law issues in Illinois.

## Illinois Family Law Frequently Asked Questions

### Who Can File for Divorce in Illinois?

In Illinois, at least one spouse must have resided in the state for a minimum of 90 days prior to filing for divorce. This residency requirement ensures that the court has jurisdiction over the case. It is important to gather necessary documentation, such as proof of residency, when preparing to file.

### How Long Does a Divorce in Illinois Take?

The duration of divorce proceedings can vary significantly based on whether the divorce is contested or uncontested. Uncontested divorces, where both parties agree on terms such as property division and child custody, may be finalized in as little as two months. However, contested divorces—especially those involving disputes over child custody, visitation, or division of assets—can take six months to a year or more to resolve. Factors influencing the timeline include court schedules, complexity of issues, and the willingness of both parties to negotiate.

### How Much Does It Cost to Get Divorced?

The overall costs associated with divorce can vary greatly depending on the county and the complexity of the case. Filing fees are typically uniform across counties, but attorney fees can fluctuate based on whether the divorce is amicable or disputed. For example, attorney fees for contested divorces are generally higher due to the increased time and resources required. Couples opting for a joint simplified dissolution can expect lower costs, as this streamlined process is more affordable, but they must meet specific eligibility requirements, such as having a short marriage, no children, and limited shared assets.

### What Is the Difference Between Custody and Parenting Time?

In Illinois, the term “custody” has been replaced with the concepts of “allocation of parental responsibilities” and “parenting time.” The allocation of parental responsibilities refers to the decision-making authority regarding the child’s welfare, which includes education, healthcare, and religious upbringing. Parenting time dictates the schedule for how much time the child spends with each parent, emphasizing equal opportunity for both parents to be involved in their child’s life.

### How Does the Court Decide Parenting Time?

When determining [parenting time](https://familylawadvocate.com/divorce/visitation/), the court’s primary concern is the child’s best interests. This assessment involves examining several factors, including the child’s existing relationship with each parent, the capacity of each parent to cooperate and communicate effectively, and any documented history of abuse or neglect. Courts aim to foster strong, healthy relationships between the child and both parents unless doing so would jeopardize the child’s well-being.

### Can Parenting Time Be Modified?

Yes, once a parenting plan is established, it can be modified under certain circumstances. Substantial changes in the situation—such as a parent relocating, changes in work schedules, or new relationships—may justify alterations to the parenting plan. To modify parenting time, a parent must file a petition with the court, outlining the reasons for the requested changes and demonstrating how these changes serve the best interests of the child.

### How Is Child Support Calculated in Illinois?

Illinois employs an income shares model for calculating [child support](https://familylawadvocate.com/divorce/child-support/), which considers both parents’ incomes along with the parenting time each parent has. This system aims to reflect the child’s needs and the parents’ financial capacity to provide support. The model, which came into effect in 2017, replaced an earlier percentage-based approach and allows for more equitable calculations based on actual costs of raising a child.

### Can Child Support Be Changed?

Yes, child support obligations can be modified if either parent experiences a significant change in circumstances. Examples include a substantial increase or decrease in income, job loss, changes in employment, or adjustments in parenting time. To initiate a modification, the parent seeking the change must present evidence of the new circumstances to the court for reassessment of the support obligation.

### What Happens If a Parent Doesn’t Pay Child Support?

Failure to pay child support can lead to serious consequences. The court can enforce payment through mechanisms such as wage garnishment, which deducts funds directly from the non-compliant parent’s paycheck. Additionally, failing to pay may result in the suspension of driver’s licenses or professional licenses and can lead to the possibility of jail time in extreme cases. The Illinois Department of Healthcare and Family Services is equipped to assist custodial parents in enforcing child support orders.

### What Is Spousal Maintenance?

[Spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/), commonly known as alimony, refers to financial support that one spouse pays to the other following a divorce. The purpose of maintenance is to provide the lower-earning spouse with the necessary financial assistance to maintain a standard of living similar to that experienced during the marriage.

### How Is Maintenance Determined?

In Illinois, maintenance amounts and durations are guided by statutory formulas that consider the incomes of both spouses, the length of the marriage, and factors such as the needs of the recipient spouse and the payor’s ability to provide support. Courts may deviate from these guidelines if there are compelling reasons to do so, such as unique financial situations or contributions to the marriage that warrant special consideration.

### Can Spousal Maintenance Be Modified or Terminated?

Yes, spousal maintenance can be modified if there are significant changes in circumstances. This includes changes in income for either party, the remarriage of the recipient spouse, or the retirement of the paying spouse. Termination of maintenance can also occur if the recipient begins cohabiting with a new partner, as this can impact their financial needs.

### How Is Property Divided in Illinois?

Illinois adheres to the equitable distribution model when it comes to[ dividing property during a divorce](https://familylawadvocate.com/divorce/property-division/). This means that marital property—assets acquired during the marriage—will be divided fairly, though not necessarily equally. Courts evaluate numerous factors in this process, including the contributions of each spouse during the marriage, their economic circumstances, and the length of the marriage.

### What Counts as Marital Property?

Generally, marital property includes any assets obtained during the marriage, regardless of whose name is on the title. Common examples include homes, vehicles, and joint bank accounts. However, specific exceptions apply to certain types of assets, such as inheritances or gifts received by one spouse, which are typically considered non-marital property and are not subject to division.

### What About Marital Debts?

Similar to property, marital debts are also divided equitably. Courts will assess who incurred the debt, for what purpose, and the economic situation of both spouses. For instance, debts that are tied to marital assets—like a mortgage—are usually shared between both parties, while debts that were solely incurred by one spouse may be allocated to that spouse alone.

### Do I Need a Lawyer for Divorce or Family Law Matters?

While hiring an attorney is not a legal requirement in Illinois, it is highly advisable—particularly in contested cases or those involving complex issues such as custody arrangements or significant financial assets. An experienced attorney can ensure that your legal rights are protected and provide guidance through the complex legal processes involved in divorce cases.

### What Is a Joint Simplified Dissolution?

A [joint simplified dissolution](https://www.cookcountyclerkofcourt.org/filing-joint-simplified-dissolution-marriagecivil-union) is a streamlined process designed for couples who meet specific eligibility requirements. This process is suitable for those with short marriages, no children, minimal assets, and mutual agreement on all key terms. The joint simplified dissolution can be completed faster than traditional divorce processes and is typically less costly, but it may not be appropriate for all situations.

### Can I Represent Myself in Family Court?

Yes, individuals have the right to represent themselves in family court. However, self-representation can present significant risks, especially in complicated cases involving children or substantial assets. While Illinois courts provide resources and guidance for pro se litigants, obtaining legal advice is highly beneficial, particularly when the outcomes can tremendously impact personal and financial futures.

## Call Our Glenview Family Law Attorneys Today

If both spouses mutually agree that irreconcilable differences exist, the law in Illinois allows them to bypass the mandatory separation period typically required. This means they can initiate the divorce proceedings immediately without any waiting period. However, if one spouse does not consent to the divorce and contests it, Illinois requires a mandatory six-month separation period before the court can presume that irreconcilable differences exist. This separation period serves as a cooling-off phase, allowing both spouses to reconsider their decisions.

Unfortunately, [divorce](https://familylawadvocate.com/divorce/) and [separation](https://familylawadvocate.com/divorce/legal-separation/) can lead to anxiety and uncertainty. If you are sailing through rough waters and aren’t sure what to do next, make sure your children are legally protected by doing your due diligence and covering your bases. Be certain your children are adequately provided for, now and in the future, with child support. We proudly serve members of the [Glenview, Illinois community](https://www.glenview.il.us/) and the greater Chicago area. Call M. Scott Gordon at 312.360.0250  to learn how you can protect your children’s futures.

---

### [Blog](https://familylawadvocate.com/blogs/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Site Map](https://familylawadvocate.com/sitemap/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

- [**Home**](https://familylawadvocate.com/)
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---

### [Spousal Maintenance](https://familylawadvocate.com/articles/spousal-maintenance/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## **Spousal Maintenance in Chicago**

[Section 504 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) sets forth the guidelines for awarding spousal maintenance (otherwise known as alimony) to a spouse. Maintenance is only available to those who have been married and is not an option for unmarried couples. Maintenance may be granted by a court on a temporary or permanent basis for either spouse in amounts as the courts deem just without regard to marital misconduct, after considering the following:

- The income and property of each party, including marital property, apportioned and non-marital property assigned to the party seeking maintenance
- The needs of each party
- The present and future earning capacity of each party
- Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage
- The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party can support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of both parties
- The tax consequences of the property division upon the respective economic circumstance of the parties
- Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse
- Any valid agreement of the parties
- Any other factor that the court expressly finds to be just and equitable

## Factors For Determining Spousal Maintenance

One of the primary factors to consider, if both parties are able-bodied, is the age of the party seeking [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), the length of the marriage, and if that party made certain professional/career sacrifices to raise the family. The most common maintenance case is where a spouse stopped working to stay at home to raise the parties’ children. In those situations, one question is how long it will take that spouse to rehabilitate him or herself and get back into the workforce. Another question is what the lifestyle of the parties was during the marriage. For example, if the working spouse during the marriage made a very large income, the non-working spouse may have difficulty in maintaining the lifestyle to which they have been accustomed without continued support from the other spouse. However, if the working spouse always could simply “make ends meet,” there may not be sufficient funds to award maintenance (or very little), especially if the party being asked to pay maintenance is already paying child support.

Clients often find it frustrating that the maintenance law in Illinois does not have a percentage schedule, as with [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support Lawyer Chicago"). However, it is understandable that the law is left for individual Judges to determine the need and appropriate amount of maintenance. Each family situation is different, and maintenance needs to be determined on an individual basis.

## Ask an experienced Lawyer for assistance

You’ll need a skilled attorney who understands all of the variables that influence how much maintenance is awarded to a spouse.  Contact our [Chicago Divorce Lawyers](https://familylawadvocate.com/ "Chicago Divorce Lawyers") of Gordon & Perlut, LLC to help you in the process today.  Call our Chicago office at 312.360.0250  or our Skokie office for more information.

---

### [Marital Residence](https://familylawadvocate.com/divorce/marital-residence/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Divorce Law Firm Handling Real Estate Division In Divorce

## [Illinois real estate division attorneys](https://familylawadvocate.com/divorce/property-division/) helping you get your fair share

One of the largest assets of most families is their marital home. Once the divorce case is filed with the court, what happens with this property? What happens to it after the divorce is completed? The Cook County property division attorneys of Gordon & Perlut, LLC can help you understand your rights in this regard.

Neither party can have the other party removed from the marital residence just because a divorce case has been filed. While Illinois courts have the power to order one party to leave the marital residence, they generally do not do so unless that party has somehow become a danger or threat to the other party or to the children. Our Cook County [property division attorneys](https://familylawadvocate.com/ "Home") can apprise you of your options if such a situation exists.

If there is no threat or danger but the situation at home has become unpleasant and stressful during the divorce, it can be an added incentive to both parties to not delay the divorce proceeding. However, the right to remain in the marital residence also can be used by one party to badger and harass the other to leave or settle the divorce case on less than favorable terms.

## Cook County Property Division

How can a Cook County property division attorney help? If the situation is merely uncomfortable, a normal by-product of a divorce proceeding, it would be very difficult to have the other spouse removed from the home. However, if your spouse behaves in a manner designed to exert pressure on you in ways difficult to prove in court, we can help. For example, the most common “low level” form of harassment is verbal, which may include negative comments and insults. Your [Cook County](https://en.wikipedia.org/wiki/Cook_County,_Illinois) real estate division attorney should be kept informed of these developments so your rights can be protected. It is possible to have a spouse removed from the home for non-physical, mental abuse, such as verbal harassment.

What happens to the marital residence after the divorce? If the marital residence is marital property, the court has the power to order a [property division](https://familylawadvocate.com/divorce/property-division/ "Property Division") for this real estate and may do so according to “the desirability of awarding the family home, or the right to live there and for reasonable periods, to the spouse having custody of the children.” Often, the marital residence is the only substantial asset owned by the parties, and it is sold if neither party can afford to buy the other’s share in the home. However, the court can allow the spouse who obtains custody of the children to stay there after the divorce if it does not result in a “hardship” for the non-custodial spouse. If the house is retained for a period of time by the custodial parent, the residence would be sold in the future at a specified time with the proceeds divided between the parties. It may be possible to reach an agreement regarding property division, [alimony](https://familylawadvocate.com/divorce/spousal-maintenance/ "Spousal Maintenance"), and other divorce matters through divorce mediation. Our Chicago divorce [mediation attorneys](https://familylawadvocate.com/family-law/mediation/ "Mediation") can help guide you through the process and provide a less stressful divorce experience.

### Ask a Cook County divorce attorney to help you

You may have a lot of questions regarding your marital residence. Contact the Chicago divorce attorneys at M. Scott Gordon & Associates by email today or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  or our Skokie office at 312.360.0250  today. We serve Chicago, Evanston, Skokie, Northbrook, Niles, Glenview and the Cook County area.

---

### [Identity Theft](https://familylawadvocate.com/articles/identity-theft/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Identity theft in Chicago

## Often close to home

People often think of [identity theft](https://familylawadvocate.com/divorce/identity-theft/ "Identity Theft") as a crime by a nameless, faceless person. However, a recent New York Times article reveals that half of all identity theft victims know the perpetrators of the crime. For example, the NYT article uses an example of a former spouse who used the children’s social security number to apply for nine credit cards in their names; she obtained two. This was the beginning of a nightmare not only for the former spouse but also for the parties’ children. Although the former spouse is now in jail, it has caused so much havoc that the children’s credit history (still minors) are ruined and can affect their applications for financial aid for college, buying a house, etc.

What can you do to prevent this kind of crime by a family member, ex-spouse, etc.? First, always insist that any documents filed in court by your attorney have your social security number blacked out. These court files are open to the public and have a wealth of information for would-be thieves. Second, regularly check your credit history through the three major credit reporting agencies. The example above was not detected by the former spouse for five years; by then the damage had been done. Last, keep sensitive information in a secure area of your home, in a locked filing cabinet, or another safe place. It is not just former spouses who commit these crimes; they also can be house guests, plumbers/electricians, or other workers around the house, housekeepers, etc.

## Our experienced Attorney help you determine what’s best

For more information, email our [Chicago family law attorneys](https://familylawadvocate.com/family-law/) or you can call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at 847.329.0101  to assist you with your identity theft case.

---

### [Mediation](https://familylawadvocate.com/articles/mediation/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Divorce Mediation In Chicago

Until only a few years ago, most people were unclear about what divorce mediation was and how it worked. While mediation is not suitable for all couples, it is certainly suitable for most families. In fact,[ Judges in Illinois are required to send couples to divorce mediation](http://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division/Frequent-Court-Referrals/Mediation) regarding their children if they cannot agree upon custody and visitation issues. Unfortunately, the requirement does not apply to financial related issues.

What is divorce mediation? Divorce mediation is the couple meeting with a trained professional who helps guide the parties toward a settlement of the issues that need to be decided in a [divorce](https://familylawadvocate.com/divorce/fault-no-fault/). The mediator does not impose solutions, but rather helps couples come to reasonable agreements.

## Trained Divorce Mediator

Most people getting divorced have difficulty communicating, and it is common for them to feel that mediation “won’t work for them.” However, a [trained divorce mediator](https://familylawadvocate.com/family-law/mediation/) can often focus couples on their immediate problems and needs. Although divorce is often accompanied by anger, distrust, and feelings of hurt, most (but not all) people do not want to spend a large amount of time and money in divorce litigation. They instinctively understand that compromises will need to be made and that there is a substantial risk to having their divorce issues resolved by a Judge.

## Divorce Mediation Offers Creative Solutions

One advantage of mediation is that the parties can devise creative and workable solutions to their problems in ways that a Judge will not. For example, both parties initially may claim in the divorce that they each want full [custody of the children](https://familylawadvocate.com/divorce/child-custody/). If that issue is presented at trial to a Judge, the Judge is required to rule in favor of one party and against the other. However, the parties in mediation may discover that their reasons for requesting full custody of the children are not necessarily incompatible.

How? Often, one party is pursuing full custody because they are concerned that their access to their children will be limited and that person will have no say in the upbringing of their children after the divorce. Alternatively, a party may request full custody because they fear for their financial future, and they cannot imagine life without [child support](https://familylawadvocate.com/divorce/child-support/). Mediation allows the parties to explore these concerns, and we have often seen how a mediated settlement can take into account everyone’s needs and concerns.

Another advantage of mediation is that it allows the parties to “open up” with the other spouse in a controlled environment. Most mediators will have the parties sign a mediation agreement, which should include a clause, which makes the mediation sessions confidential and where each party agrees not to call the mediator as a witness at any court proceeding. This is very important because it allows the parties to discuss possible settlement options openly without being concerned that these discussions will later be used against them if a mediated settlement is not obtained.

## Contact us

If you’re looking for an experienced lawyer who understands the importance of finding a resolution with your family’s best interests in mind, please email [Chicago Divorce Mediation Lawyer](https://familylawadvocate.com/family-law/mediation/) M. Scott Gordon or call ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  today.

---

### [River Forest Child Custody Attorney](https://familylawadvocate.com/child-custody-attorney-river-forest-il/)

**Published:** April 14, 2020
**Author:** familylawadvocate

**Content:**

*In addition to being known as the location that two universities call home, [River Forest](https://www.vrf.us/government/about-river-forest) is also regarded as a family-friendly suburb near Chicago. And while River Forest may indeed be the perfect spot for families with children–complete with many other young families, parks, and good schools–not all families are perfect; divorce happens. At the law offices of Gordon & Perlut, LLC, our River Forest Child custody attorneys can help you navigate the child custody process if you and your spouse are separating. Call our law firm today for the support you need.*

## Parental Responsibility in River Forest Illinois

Rather than using the term “custody,” Illinois courts use the term “parental responsibility” to refer to a parent’s rights and obligations regarding their children. In a child custody determination, parental responsibilities will be allocated amongst the parents. There are two types of parental responsibilities that a court will consider:

- [Parenting time](https://familylawadvocate.com/divorce/visitation/). Parents (or the Court) will need to make a decision about how much time each parent is allocated to spend with their child. This is also known as physical custody and refers to where the child will live, what the visitation rights of the other parent will be, etc.
- Decision-making responsibility**.** In addition to physical custody, parents will need to make a decision about *legal custody* – that is, what the rights of each parent are related to making decisions about the child.

In some cases, responsibilities will be shared equally or jointly; in other cases, one parent may have more parenting time with the child. It is rare for a court to fully revoke all parental responsibilities and rights.

## How Courts Make a Decision About the Allocation of Parental Responsibilities in River Forest

In River Forest, parents are strongly encouraged to work together outside of the court to create a parenting plan that outlines each parent’s responsibilities, rights, and obligations pertaining to both physical and legal custody. In creating a parenting plan together, parents will have the autonomy to reach a decision that they both agree to.

If parents *cannot* collaborate to create a parenting plan, then each parent will need to present their case to the court. After hearing both parties’ sides, the court will make a decision about the allocation of parental responsibilities based on the *[best interests of the child](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000)*. The child’s best interests will be determined by considering the wishes of the child, the child’s needs, the wishes of the parents, the ability of the parents to cooperate, the child’s adjustment to their home and community, and more.

## Call Our River Forest Child Custody Attorneys Today

At the law offices of Gordon & Perlut, LLC, our River Forest child custody attorneys understand how emotional fighting for the custody of your child can be. Even if you and your spouse are in agreement, there is nothing easy about not being able to spend as much time as you want with your child. If you are seeking custody and want representation from experienced professionals, please call our [River Forest child custody attorneys](https://familylawadvocate.com/contact-us/) today for a consultation. We are here to serve you.

---

### [Family Law & Child Custody Attorney in Morton Grove, IL](https://familylawadvocate.com/family-law-attorney-morton-grove-il/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Child Custody

As a couple separates, a lot of tension and stress can be placed on a child of any age. In the end, the child needs the absolute best love, care, and attention possible. For this reason, [custody](https://familylawadvocate.com/divorce/child-custody/) proceedings are momentous to children’s lives and the outcome may very well be pivotal to the growth and development of your children. Whether you seek sole or joint custody, you must do everything in your power to be prepared.

## Local Morton Grove Family Lawyers

The lawyers of Gordon & Perlut, LLC know how hard familial transitions can be. We understand the intimate details and nuances of family law, too. We proudly protect clients in [Morton Grove, Illinois](https://www.mortongroveil.org/), and the greater Chicago area. Don’t let unpreparedness or ignorance of the intricate details of the law separate you from your children. We have over 20 years of experience protecting families. In fact, we proudly say that our profession is helping families. We seek to help clients that want their children to have the absolute best care that is available to them. There is little in our lives more important than our families and children, and we can help to protect yours.

## Call Us Today

If you have recently separated and need to fight for custody of your children, don’t hesitate to seek legal counsel. The sooner you call, the more time there is to prepare. You have nothing to lose and everything to gain from just picking up the phone for an initial consultation. Call Gordon & Perlut, LLC at 847.329.0101 today to learn how we can help you prepare to protect you and your children. If you require legal custody assistance, we are here to help.

---

### [Spousal Maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Chicago and IL Alimony and Spousal Maintenance Lawyers

### Alimony attorneys serving Chicago, Skokie, and Cook County, Illinois

[Section 504 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm) sets forth the guidelines for awarding spousal maintenance, otherwise known as alimony, to a spouse. Maintenance is only available to those who have been married and is not an option for unmarried couples. A Chicago divorce attorney or a Skokie divorce attorney at Gordon & Perlut, LLC can explain spousal maintenance possibilities in your case. Maintenance may be granted by a court on a temporary or permanent basis for either spouse in amounts pursuant to certain guidelines or as the courts deem just, without regard to marital misconduct, after considering the following factors:

## **FACTORS**:

- The income and property of each party, including marital property, apportioned and non-marital property assigned to the party seeking maintenance;
- The needs of each party.
- The realistic present and future earning capacity of each party;
- Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
- Any impairment of the realistic present or future earning capacity of the party against whom maintenance is sought;
- The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or any parental responsibility arrangements and its effect on the party seeking employment;
- The standard of living established during the marriage;
- The duration of the marriage.The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each of the parties; and the physical and emotional condition of both parties;
- All sources of public and private income including, without limitation, disability and retirement income;
- The tax consequences of the property division on the respective economic circumstances of the parties.
- Contributions and serves by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
- Any valid agreement of the parties; and
- Any other factor that the court expressly finds to be just and equitable.

Once the Court determines that a party is eligible for maintenance, the Court must determine the amount of maintenance and the length.

**AMOUNT OF SPOUSAL MAINTENANCE**:

If you and your spouses’ combined income is less than $250,000, the guideline for calculating maintenance is as follows: 30% of higher-earning spouses’ gross income, less 20% of the lower-earning spouses’ gross income. The party receiving maintenance shall not receive more than 40% of the total combined income of both parties. Use our [Illinois Spousal maintenance calculator](https://familylawadvocate.com/illinois-maintenance-calculator/) to determine the amount of maintenance you may be eligible for or may be required to pay. If you and your spouses’ combined income exceeds $250,000, please contact an attorney at Gordon & Perlut, LLC who can explain how maintenance will be calculated.

**DURATION**

The Court determines the length of maintenance by multiplying the length of the marriage at the time the divorce action is filed by the following factors:

**Years of Marriage Factors**

5 Years or Less     .2

More than 5 years, but less than 10 .4

10 years or more, but less than 15 .6

15 years or more but less than 20 .8

20 Years or More Permanent or equal to the length of the marriage

One of the primary factors to consider, if both parties are able-bodied, is the age of the party seeking maintenance, the length of the marriage, and whether that party made certain professional/career sacrifices in order to raise the family. The most common maintenance case is where a spouse stopped working to stay at home to raise the parties’ children. In those situations, one of the questions is how long it will take that spouse to rehabilitate him or herself and get back into the workforce. Another question is what the lifestyle of the parties was during the marriage. For example, if the working spouse during the marriage made a very large income, the non-working spouse may have difficulty in maintaining the lifestyle to which they have been accustomed without continued support from the other spouse.

Our Cook County divorce lawyers often find that clients are frustrated by the absence of a percentage schedule in Illinois for alimony, as is also the case with child support. It is left up to judges to determine need and the appropriate amount of maintenance. An experienced Skokie [divorce attorney](https://familylawadvocate.com/ "Home") should treat each family situation as unique and can help you obtain maintenance based on your needs. [Mediation](https://familylawadvocate.com/family-law/mediation/ "Mediation") may be a viable option for reaching a fair agreement regarding spousal support. Our seasoned attorneys can help you fully explore your options.

### Ask an experienced Cook County divorce lawyer for assistance

You’ll need a skilled divorce attorney who understands all of the variables influencing the amount of maintenance awarded to a spouse. [contact Gordon & Perlut, LLC today.](https://familylawadvocate.com/contact-us/ "Contact Us") our Chicago divorce lawyers can help you with the process. Call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312-360-0250  or our Skokie office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847-329-0101  for more information.

---

### [The Most Common Reasons For Divorce](https://familylawadvocate.com/most-common-reasons-for-divorce/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Skokie Attorneys Explain the Most Common Reasons for a Cook County Divorce

### Seasoned advice from our experienced Chicago family law firm

Divorcing parties in Illinois indicate whether they are filing for a fault or no-fault divorce.  In the case of an at-fault divorce, they indicate the reason or reasons they want to end the marriage. Common reasons for divorce include:

| - [Poor communication](https://familylawadvocate.com/most-common-reasons-for-divorce/#communication "The Most Common Reasons For Divorce") - [Financial issues](https://familylawadvocate.com/most-common-reasons-for-divorce/#financial) - [Lack of consideration](https://familylawadvocate.com/most-common-reasons-for-divorce/#consideration) | - [Dramatic change in priorities](https://familylawadvocate.com/most-common-reasons-for-divorce/#priorities) - [Infidelity](https://familylawadvocate.com/most-common-reasons-for-divorce/#infidelity) |
|---|---|

Less commonly cited reasons include:

| - Unmet needs - Sexual problems | - Addiction or substance abuse - Abuse |
|---|---|

---

**Poor communication**

Couples unable to talk openly and honestly over a sustained period may argue often and ultimately choose to end the marriage.  Spouses may cite irreconcilable differences because of an inability or unwillingness to communicate.

[Back to top](https://familylawadvocate.com/most-common-reasons-for-divorce/#)

---

**Financial issues**

Money is a common cause of disagreement in marriages. A spouse may file for divorce due to:

| - Lack of financial support - Overspending - Shared financial responsibility | - Unequal financial status - Undisclosed financial facts |
|---|---|

Studies by the [American Academy of Matrimonial Lawyers](https://aaml.org/page/AAMLJournal) report that although money is not always the sole or primary cause for divorce, it is often a significant factor.  Poor communication and dishonesty can also contribute to the financial problems of a couple. If your financial problems have brought you to the brink of divorce, your Cook County divorce attorney can help you consider your legal options.

[Back to top](https://familylawadvocate.com/most-common-reasons-for-divorce/#)

---

**Lack of consideration**

When one spouse shows a lack of concern for the needs or wishes of the other, any number of problems can arise.  Refusing to share home responsibilities or help care for the children, careless spending and offensive habits are all examples of a lack of consideration.

Allowing family members to interfere in a marriage is another lack of consideration.  The family members of a spouse may try to influence anything from home improvement to child-rearing and cause friction. If longstanding friction has caused your marriage to breakdown irretrievably, your [Cook County divorce attorney](https://familylawadvocate.com/ "Home") can help you understand your options.

[Back to top](https://familylawadvocate.com/most-common-reasons-for-divorce/#)

---

**Dramatic change in priorities**

When one spouse’s priorities change, it frequently leads to divorce.  When one spouse’s work, friends or hobbies detract from family concerns and activities, it can place a burden on the other spouse, and cause resentment and loneliness.

[Back to top](https://familylawadvocate.com/most-common-reasons-for-divorce/#)

---

**Infidelity**

Unless both partners agree otherwise, marriage is entered into a mutually exclusive arrangement between two parties.  To file for [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process") on grounds of infidelity fault, a spouse must obtain clear proof that such infidelity has taken place. Consult your trusted Skokie divorce attorney for more information about providing infidelity.

[Back to top](https://familylawadvocate.com/most-common-reasons-for-divorce/#)

---

### Advice from our caring Cook County divorce attorneys

Whatever the cause for the divorce, Gordon & Perlut, LLC can address your concerns and help you create a plan.  Northbrook divorce mediation and collaborative law methods can make the divorce process easier and help you move forward with your life.

Our divorce attorneys also serve clients in the following areas:

| - Evanston - Glenview | - Niles - Skokie |
|---|---|

Contact our Northbrook divorce law firm online and begin working on a solution that fits your needs.  You can also reach us at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101.

---

### [College Expenses](https://familylawadvocate.com/articles/college-expenses/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## College Expenses

Although a child of married parents has no legal basis to have a court order that his or her [parents pay for college education](https://familylawadvocate.com/divorce-and-college/ "College Education"), our Supreme Court has ruled that divorced or unmarried parents of children may be ordered to assist a child with educational expenses. Although most people assume that this applies only to post-high school educational expenses, [section 513 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513) states clearly that a court has the authority to “make provision for educational expenses” not only for college or other professional training “after graduation from high school but also to any period during which the child of the parties is still attending high school, even though he or she attained the age of 18. The educational expenses may include, but shall not be limited to, room, board, dues, tuition, transportation, books, fees, registration and application cost, medical expenses including medical insurance, dental expenses, and living expenses during the school year and periods of recess, which sums may be ordered payable to the child, to either, or to the educational institution.”

Our [courts have great flexibility in awarding payments](https://familylawadvocate.com/how-does-the-court-decide-payments-for-college-expenses-for-children/) under Section 513, and it often comes as a shock to a parent that he or she can be “on the hook” for these obligations. However, as with most family law-related issues, it is important to have an attorney who can make sure that each party’s responsibilities, and that of the child (presently an adult), are properly reviewed and shown to the court. Section 513 states that the court must review (1) the financial resources of both parties; (2) the standard of living the child would have enjoyed had the marriage not have been dissolved; (3) the financial resources of the child; and (4) the child’s academic performance.

In a recent matter that was handled by our law office, a parent sought to have the other parent pay 100% of the college tuition, fees, books, and private apartment housing of the 21-year-old child. In reading the petitioning parent’s motion, you would not know that the student had failed more classes than he had passed, had refused to work, even during periods when he was a part-time student or during the summer when he would not go to school and that the petitioning parent had increased his or her own standard of living substantially since the time of the divorce.

Good attorneys who practice in this area of law know that they will often need to “dig deep” into the facts to protect their client and to make sure that all parties are “paying their fair share.”

## A Family Lawyer for your best interests

If you are looking for more information about college expenses decisions, [email](https://familylawadvocate.com/contact-us/) or call the Chicago Family Law attorneys Gordon & Perlut, LLC at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101.

---

### [Dayna L. Perlut](https://familylawadvocate.com/dayna-l-perlut-2/)

**Published:** November 17, 2020
**Author:** familylawadvocate

**Content:**

![Dayna L. Perlut](https://familylawadvocate.com/wp-content/uploads/2016/09/daynalperlut1.png "Dayna L. Perlut | Chicago & Skokie Divorce & Family Law Attorneys")

Dayna L. Perlut is a founding principal of Gordon & Perlut, LLC and has exclusively practiced in the area of family law since she was admitted to the [Illinois Bar](http://www.isba.org/) in 2010. Ms. Perlut holds a B.A. in political science and a minor in professional writing from [DePaul University](http://www.depaul.edu/) (2007), and a Juris Doctorate from The John Marshall Law School (2010). While in law school, she served as a judicial extern in the Circuit Court of Cook County, Domestic Relations Division. Ms. Perlut is a member of the Illinois State Bar Association.

Dayna volunteers her time with Chicago Volunteer Legal Services (CVLS) and Domestic Violence Legal Clinic. Through CVLS, Dayna works as a pro bono child representative, representing children in divorce and parentage cases. At the Domestic Violence Legal Clinic, Dayna assists petitioners in obtaining Orders of Protection.

When not practicing law, Dayna serves on the PAWS Professional Board and volunteers at the PAWS adoption center.

---

### [Maintenance (aka Alimony)](https://familylawadvocate.com/maintenance-aka-alimony/)

**Published:** May 26, 2020
**Author:** familylawadvocate

**Content:**

[Section 504 of the *Illinois Marriage and Dissolution of Marriage Act* ](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000)sets forth the guidelines for awarding maintenance, otherwise known as alimony, to a spouse. Maintenance is only available to those who have been married and is not an option for unmarried couples. An attorney at Gordon & Perlut, LLC can explain spousal maintenance possibilities in your case. Maintenance may be granted by a Court on a temporary or permanent basis for either spouse in amounts pursuant to certain guidelines or as the courts deem just, without regard to marital misconduct, after considering the following factors:

**FACTORS:**

(1) The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;

(2) The needs of each party;

(3) The realistic present and future earning capacity of each party;

(4) Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;

(5) Any impairment of the realistic present or future earning capacity of the party against whom maintenance is sought;

(6) The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or any parental responsibility arrangements and its effect on the party seeking employment;

(7) The standard of living established during the marriage;

(8) The duration of the marriage;

(9) The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each of the parties; and the physical and emotional condition of both parties;

(10) All sources of public and private income including, without limitation, disability, and retirement income;

(11) The tax consequences of the [property division](https://familylawadvocate.com/divorce/property-division/) upon the respective economic circumstances of the parties;

(12) Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;

(13) Any valid agreement of the parties; *and*

(14) Any other factor that the court expressly finds to be just and equitable.

Once the Court determines that a party is eligible for maintenance, the Court must determine the amount of maintenance and the length.

**AMOUNT OF MAINTENANCE**

If you and your spouses’ combined income is less than $500,000, the guidelines for calculating maintenance are as follows: 33.3% of higher-earning spouses’ net income, less 25% of the lower-earning spouses’ net income. The party receiving maintenance shall not receive more than 40% of the total combined income of both parties. If you and your spouses’ combined income exceeds $500,000, please [contact an attorney at Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) who can explain how spousal maintenance will be calculated.

**DUARTION OF MAINTENANCE**

The Court determines the length of maintenance by[ multiplying the length of the marriage at the time the divorce](https://familylawadvocate.com/getting-divorced-after-a-long-term-marriage-things-to-consider/) action is filed by the following factors:

| **Years of Marriage** | **Factors** |
|---|---|
| 5 Years or Less | .2 |
| 5 years or more but less than 6 | .24 |
| 6 years or more but less than 7 | .28 |
| 7 years or more but less than 8 | .32 |
| 8 years or more but less than 9 | .36 |
| 9 years or more but less than 10 | .40 |
| 10 years or more but less than 11 | .44 |
| 11 years or more but less than 12 | .48 |
| 12 years or more but less than 13 | .52 |
| 13 years or more but less than 14 | .56 |
| 14 years or more but less than 15 | .60 |
| 15 years or more but less than 16 | .64 |
| 16 years or more but less than 17 | .68 |
| 17 years or more but less than 18 | .72 |
| 18 years or more but less than 19 | .76 |
| 19 years or more but less than 20 | .80 |
| 20 Years or More | Equal to the length of the marriage or for an indefinite period of time as determined by the Court. |

One of the primary factors to consider, if both parties are able-bodied, is the age of the party seeking maintenance, the length of the marriage, and whether that party made certain professional/career sacrifices in order to raise the family. The most common maintenance case is where a spouse stopped working to stay at home to raise the parties’ children. In those situations, one of the questions is how long it will take that spouse to rehabilitate him or herself and get back into the workforce. Another question is what the lifestyle of the parties was during the marriage. For example, if the working spouse during the marriage made a very large income, the non-working spouse may have difficulty in maintaining the lifestyle to which they have been accustomed without continued support from the other spouse. The Court will also consider the non-marital estates of both parties when determining a maintenance award.

For any of your maintenance, divorce, or family law questions, contact us at Gordon & Perlut, LLC to review your options and set up a consultation.

---

### [Appeals](https://familylawadvocate.com/family-law/appeals/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Cook County Area Attorneys Handling Your Divorce Appeals

### Hardworking Illinois divorce, allocation of parental responsibilities (formerly known as child custody) and child support appeals attorneys

Gordon & Perlut, LLC concentrates on [family law](https://familylawadvocate.com/family-law/), and we can assist you in an appeal of any decision of a circuit court within our state. We have handled numerous child support appeals, child custody appeals and divorce appeals and can provide you with the skilled representation you need.

It is important to know that a Notice of Appeal must be filed within 30 days of the entry of a final order. This is the case for all family law matters, such as [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process"), [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"), [visitation, or custody](https://familylawadvocate.com/divorce/visitation/ "Visitation"). Note that the appeal does not have to be filed within 30 days, but the Notice of Appeal does. If timely notice is not filed within the proper timeframe, the right to an appeal is waived and the circuit court order or judgment stands.

If you are considering a divorce appeal, you should contact a qualified divorce attorney immediately. The Court of Appeals does not take testimony from the parties; it only considers the briefs filed by the attorneys in the appeal and the record from the circuit court. Therefore, it is important to ensure that you “make your record” in the lower circuit court. Sometimes, a client asks if certain actions we take as attorneys — for example, hiring a court reporter to provide a transcript of a court proceeding — are necessary. Our response is always that we need to make a record of the case. Otherwise, the only record of a hearing that survives is the court order or judgment issued. Without a record of the proceedings, a divorce appeals court cannot refer to what happened at the court hearing. This can often be the difference between winning and losing your appeal.

### Do you need a divorce appeals attorney for your case?

[Email](https://familylawadvocate.com/contact-us/ "Contact Us") our experienced appeals attorneys at Gordon & Perlut, LLC or call our Chicago office at 312.360.0250 or our suburban office at 847.329.0101 now so we can look over your case and help you win your appeal.

---

### [M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon-2/)

**Published:** November 17, 2020
**Author:** familylawadvocate

**Content:**

![M. Scott Gordon](https://familylawadvocate.com/wp-content/uploads/2016/09/scottgordon1.png "M. Scott Gordon | Chicago & Skokie Divorce & Family Law Attorneys")

M. Scott Gordon is the founding principal of Gordon & Perlut, LLC, and holds a Bachelor of Science from American College of Switzerland (1984), a Master’s in history from the University of Illinois at Chicago (1989), and a Juris Doctorate from Illinois Institute of Technology, [Chicago-Kent College of Law](http://www.kentlaw.edu/) (1995).

Mr. Gordon was admitted to the Illinois and U.S. District Court, Northern District of Illinois in 1995, and he is on the Circuit Court of Cook County’s panel for appointment as a Child’s Representative/Guardian ad Litem; he is also a certified Mediator.

Mr. Gordon was appointed to serve on the Family Mediation Services Committee of the Circuit Court of Cook County by Chief Judge Grace Dickler of the Domestic Relations Division, and helped formulate the “Children And Teens Speak” program with the Court. In addition, Mr. Gordon volunteers with the Lilac Tree on their programming committee, and he serves as Vice President of his condominium association.

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### [Chicago Divorce & Family Law Attorney Videos](https://familylawadvocate.com/chicago-divorce-attorney-videos/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

- ## Before you File for Divorce in Chicago
- ## Chicago Divorce and Attorney Fees
- ## Steps for Filing for Divorce in Chicago
- ## Spousal Maintenance Chicago
- ## Child Support Lawyer
- ## Child Custody and Parental Responsibilities
- ## Chicago Visitation and Parental Responsibilities
- ## Divorce – Property Division
- ## Chicago Child Custody and Unmarried Parents
- ## Chicago Divorce and how to handle College Expenses
- ## Filing an Order of Protection in Chicago
- ## Gordon & Perlut, LLC Chicago
- ## Gordon & Perlut, LLC
- ## M. Scott Gordon Attorney at Law – Lawyers in Skokie

---

### [Allocation of Parental Responsibilities (Formerly Known As Child Custody)](https://familylawadvocate.com/divorce/child-custody/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Responsive Child Custody Attorneys Serving Cook, Lake and DuPage County

The divorce lawyers of Gordon & Perlut, LLC understand that the most difficult aspect of any legal case is the question of Illinois child custody. [Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act](https://law.justia.com/codes/illinois/2010/chapter750/075000050HPt_VI.html#:~:text=(a)%20The%20dissolution%20of%20marriage,the%20standards%20of%20Section%20602.) requires a court to determine the allocation of parental responsibilities (formerly known as custody) in accordance with the best interest of the child. The court shall consider all of the following:

## Determining Allocation of Parental Responsibilities

- the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;
- the child’s adjustment to his or her home, school, and community;
- the mental and physical health of all individuals involved;
- the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
- the level of each parent’s participation in past significant decision-making with respect to the child;
- any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
- the wishes of the parents;
- the child’s needs;
- the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
- whether a restriction on decision-making is appropriate under Section 603.10;
- the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- the physical violence or threat of physical violence by the child’s parent directed against the child;
- the occurrence of abuse against the child or other member of the child’s household;
- whether one of the parents is a sex offender and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
- any other factor that the court expressly finds to be relevant.

Assigning temporary [guardianship](https://familylawadvocate.com/divorce/guardianships/ "Guardianships") may be an option in the event that neither parent is capable of taking care of the child(ren).

## Child Support and Visitation

Often, couples can agree upon a child living primarily with one parent. However, the court must decide if one party is to be granted sole allocation of parental responsibilities (formerly known as custody) or if the parties are to have joint Illinois allocation of parental responsibilities. If a parent has sole parental responsibilities for a child, that parent essentially can make all major decisions regarding the child. What if the parents agree about the child remaining primarily with one parent, but one insists upon joint decision-making? If the parties have joint decision making of the child, the court will designate one parent’s residence as the primary residence for the child, and the parties make major decisions involving the child jointly.

Generally, this involves larger issues surrounding education, healthcare, and religious upbringing. Under a joint parenting agreement, the residential parent for the child makes the typical day-to-day decisions affecting the child. Your Cook County area child custody attorney can help you draft a joint parenting agreement that best serves the needs of the children and each parent. A lawyer can also assist you in reaching an agreement over the difficult issues of [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") and [visitation](https://familylawadvocate.com/divorce/visitation/ "Visitation") (now known as parenting time).

If joint allocation of parental responsibilities (formerly known as custody) is envisioned, the parties need to enter into an Allocation of Parental Responsibilities and Parenting Plan Agreement, which will govern specifically how their joint responsibilities operate. When is joint Illinois allocation of parental responsibilities suitable? Our courts have held that joint decision making is proper when the parties can communicate reasonably regarding issues involving the child. Although many parents cannot communicate and have decided to divorce, many others are still able to discuss issues involving their child.

A [divorce lawyer](%20https://familylawadvocate.com/divorce/ "Home") may advise clients that joint allocation of parental responsibilities (formerly known as child custody) is better for both the parents and the child in the long run if the parents can communicate. Parents who communicate after a divorce are not only helping themselves but are also helping their child adjust to the divorce. Parents who continually fight before, during, and after divorce put a tremendous amount of stress on a child, and this is obviously unhealthy.

However, we also tell our clients that if they cannot cooperate with the other parent regarding the child, entering into a Joint Parenting Agreement is not recommended. Parties simply incapable of cooperating regarding the child are setting themselves up for failure and future conflicts if he or she bind himself or herself to an Allocation of Parental Responsibilities and Parenting Plan which requires joint decision making.

## Frequently Asked Questions About Parental Responsibilities In Illinois

### What are parental responsibilities in Illinois?

Parental responsibilities in Illinois are divided into two main categories: **decision-making responsibilities** (legal custody) and **parenting time** (visitation). Decision-making responsibilities involve making important decisions about the child’s health, education, and general welfare, while parenting time refers to the schedule of when the child spends time with each parent.

### How are parental responsibilities determined?

Parental responsibilities are determined based on the child’s best interests. The court considers factors such as the child’s needs, the parents’ ability to cooperate, the child’s adjustment to home, school, and community, and any history of abuse or neglect.

### What is a parenting plan?

A parenting plan is a written agreement between the parents that outlines the allocation of parental responsibilities and the parenting time schedule. It includes details about decision-making, visitation, and how the parents will communicate about the child’s needs.

### Can parents share decision-making responsibilities?

Yes, parents can share decision-making responsibilities, or one parent can have sole decision-making authority in certain areas. The court will determine the allocation based on what is in the child’s best interests.

### What happens if parents disagree on parental responsibilities?

If parents disagree, they may need to attend mediation to try to reach an agreement. If mediation is unsuccessful, the court will make a decision based on the child’s best interests.

### Can parental responsibilities be modified?

Yes, parental responsibilities can be modified if there is a significant change in circumstances, such as a change in the child’s needs or the parents’ ability to cooperate.

### What is the role of a mediator in parental responsibility disputes?

A mediator is a neutral third party who helps parents reach an agreement on parental responsibilities. The mediator facilitates discussions and helps the parents find common ground.

### How does the court decide on parenting time?

The court considers factors such as the child’s age, the parents’ work schedules, the child’s school schedule, and the distance between the parents’ homes. The goal is to create a schedule that allows the child to maintain a stable and consistent relationship with both parents.

### What is the difference between legal custody and physical custody?

Legal custody refers to the right to make important decisions about the child’s life, while physical custody refers to where the child lives and the day-to-day care of the child. In Illinois, the terms “legal custody” and “physical custody” have been replaced with “decision-making responsibilities” and “parenting time,” respectively.

### What should be included in a parenting plan?

A parenting plan should include details about decision-making responsibilities, the parenting time schedule, how the parents will communicate about the child’s needs, and any provisions for resolving disputes.

## Let Our Experienced Child Custody Attorney Help You Determine What’s Best

[Email](https://familylawadvocate.com/contact-us/ "Contact Us") our experienced appeals attorneys at Gordon & Perlut, LLC, or call our Chicago office at 312.360.0250 or our suburban office at 847.329.0101 now so we can help you with your custody case.

(Updated 11/19/2024)

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### [Latest Chicago Divorce and IL Family Law Case News](https://familylawadvocate.com/latest-chicago-divorce-il-family-law-case-news/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

![Chicago Family Law Latest News](https://familylawadvocate.com/wp-content/uploads/2016/09/Latest_IL_Family_Law_Case_News-M_Scott-Gordon-300x84.jpg "Chicago Family Law Latest News")

Latest IL Family Law and Chicago Divorce News

Attorney M. Scott Gordon comments on [Chicago Divorce ](https://familylawadvocate.com/divorce/)and Family Law cases in Illinois, as well as current developments of interest. If you have questions regarding Divorce in Chicago or need to speak to a Family Law Attorney [contact Gordon & Perlut, LLC today.](https://familylawadvocate.com/contact-us/)

**August 20, 2016**

Illinois Supreme Court Again Refuses To Extend Property Rights to Unmarried Couples

In Blumenthal v. Brewer, the Illinois Supreme Court refused to give property rights to unmarried cohabitants. Only our Supreme Court or the legislature can change this public policy governing the rights of parties in non-marital relationships.

**June 29, 2016**

Illinois Domestic Violence Act update / possible amendment. House Bill 6109 has passed both houses of the Illinois legislature and has now been sent to the Governor. If signed, it would authorize the Illinois Supreme Court to adopt rules to establish a pilot program for electronic filing of petitions for temporary orders of protection and the issuance of those orders by audio-visual means. Its intent is to accommodate litigants for whom attendance in court would be an undue hardship or risk of harm to them.

**May 3, 2016**

A new case handed down by the Illinois Court of Appeals demonstrates (again) why everyone needs legal counsel in a divorce and that they should carefully consider any agreements. The parties were originally married for 28 years, divorced, and later remarried. The wife filed for divorce a 2nd time after only 6 months. In the 2nd divorce, the husband agreed to include the terms of a “postnuptial agreement” the parties had previously signed. 5 months later, he filed a motion to vacate the judgment, arguing that the parties’ postnuptial agreement was unconscionable. In the agreement, the husband had agreed to permanent maintenance. The Appeals Court denied the husband’s request, rejecting his claim that he felt “pressured” to sign an agreement to save his marriage or to avoid losing custody of the parties’ child. The Court held that the agreement was “not substantively unconscionable” and that although the permanent maintenance provision was very favorable to the wife after only 6 months, the husband received several valuable assets that he might not have received had the case been litigated. [*In re Marriage of Labuz*](http://www.mmsend94.com/link.cfm?r=1955206287&sid=95822314&m=12797876&u=ISBA&j=33551947&s=http://www.illinoiscourts.gov/Opinions/AppellateCourt/2016/3rdDistrict/3140990.pdf), 2016 IL App (3d) 140990 (May 3, 2016)

**April 8, 2016**

Are the proceeds from a wrongful death lawsuit subject to [child support](https://familylawadvocate.com/articles/child-support/)? Yes. In a case just handed down by the Illinois Court of Appeals In Re Marriage of Fortner), the Court held that the proceeds from such a lawsuit received by the husband (from his own father’s death), increased the husband’s financial resources, and thus was a “material change in circumstances” justifying a one-time upward deviation from guideline amount of [child support](https://familylawadvocate.com/can-i-get-child-support-if-the-father-is-an-illegal-immigrant/). The court stated that the proceeds from the lawsuit constitute “income”. In light of the broad, inclusive definition of income in the Dissolution Act, damages for pain and suffering, disability, and emotional grief and loss from wrongful death settlement are income for purposes of child support.

**February 16, 2016**

In a new maintenance (alimony) case decided by the Illinois Court of Appeals (In re Marriage of Roberts), after a 37-year marriage, a public school teacher (Petitioner) filed for divorce marriage from a disabled pharmacist (Respondent). Here, the appeals court reviewed the trial court’s refusal to order maintenance for the Petitioner. Although the trial court properly refused to consider the Respondent’s Social Security benefits when dividing the parties’ property, the trial court should have considered the Respondent’s income (including Social Security benefits) in determining a maintenance award for the Petitioner. At trial, the Court was presented evidence that when Petitioner retires she will be unable to support herself, while Respondent will have the ability to pay maintenance. Therefore the trial court should have reserved the issue of maintenance until Petitioner’s impending retirement, at which time the trial court must consider the value of Respondent’s Social Security benefits in determining the amount of maintenance that Petitioner should receive.

**February 4, 2016**
How much “weight” must a Judge give to the opinion of a child and the allocation of parenting time? In a recent case (In re Marriage of Adamson), a Judgment of dissolution was entered 6 years ago granting the parties joint custody and setting forth an agreed parenting schedule. When the children were 13 and 8, the mother filed a Petition to Modify the father’s parenting time. The trial court concluded that changing the schedule was not in the children’s best interest, even though the older child stated a preference for more time with his mother. The mother filed an appeal, but the appellate court upheld the trial court’s decision. Why? The Court of Appeals stated that while a mature child’s preference as to custody should be given considerable weight when based on sound reasoning, a court is not precluded from finding that a child’s preference is not in the child’s best interest. Here, the trial court felt the child’s description of preference described mere normal teenage/parent behavior and misunderstandings.

**February 2, 2016**
Effective January 1, the only method (or basis) for divorce in [Illinois is a “no-fault” state.](https://www.divorcenet.com/states/illinois/ilfaq_04) Previously, while you could file a no-fault divorce action, you also had the option of filing a divorce based upon fault. That has now been abolished. How does this affect you? Not very much. Under the previous statute with fault, a Court still had no authority to award you more property based upon fault. However, the change will hopefully allow couples and the Judge to focus on issues the Court can address, namely, the children, finances, support, and property division.

**February 1, 2016**
In a Child Custody dispute, the Court may appoint an expert to give an opinion as to which parent is more suitable to be named the custodian. What if a parent disagrees with that opinion after the divorce/custody case is completed? Does the aggrieved parent have a right to sue the expert for malpractice? In a new case before the Illinois Court of Appeals (Heisterkamp v. Pacheco), a Plaintiff filed such a lawsuit against a clinical psychologist who was the court-appointed expert in the Plaintiff’s divorce proceeding. In that case, the expert diagnosed the plaintiff with “obsessive-compulsive personality” and he ultimately lost custody. In the lawsuit, he alleged the diagnosis deviated from the proper standard of care. The Appeals Court here ruled that the expert acted at the direction of the court in dissolution proceedings and is entitled to absolute immunity regardless of whether the direction given was proper under the Illinois divorce statute.

**January 29, 2016**
A new case issued by the Illinois Court of Appeals gives guidance to Judges once they make a finding that abuse has occurred. In the case of Sanchez v. Torres, the Court heard an appeal from a petitioner who had sought a 2 year “plenary” order of protection. After the evidentiary hearing, the trial court found abuse. The appeals court held that a court may not decide instead to then issue a civil restraining order because that type of order does not have the same effect or rights as an Order of Protection. The Illinois Domestic Violence Act mandates the issuance of an order of protection once a victim makes a showing of abuse.

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### [Orders of Protection](https://familylawadvocate.com/divorce/orders-of-protection/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## We can help you protect yourself and your family with an Order of Protection

There is widespread confusion about Orders of Protection (commonly referred to as a restraining order) and what our courts have the power to order. Our Lawyers at Gordon & Perlut, LLC can provide some context to the issue of obtaining an order of protection and protect you against threats of bodily harm.

Not too many years ago, our courts had limited power or desire to get involved in situations with allegations of violence or abuse. Most local police departments would not respond to domestic violence calls, because it was considered a “family problem.” The police and courts expected couples to work it out among themselves, and they did not recognize elderly abuse as a problem. Until recently, nobody wanted to speak of this “private” violence and that is why statistics of [domestic abuse](https://familylawadvocate.com/domestic-violence-and-child-custody-in-illinois/) are now soaring. Our attorneys understand that while abuse may be up, the reason for the upturn is rooted in an increased willingness to report and monitor the problem.

## Illinois Domestic Violence Act

In 1986, our state passed the Illinois Domestic Violence Act of 1986. It allows a person, such as a spouse or significant other, to immediately go to court and obtain an order of protection. The petition can be filed with or without notice to the other party, and the judge can issue the order right away. The party named in the order of protection may not be given notice if the judge believes that harm would come to the applicant if the party was so notified.

The [Illinois Domestic Violence Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) covers the abuse of any family or household member by anyone in that household or by anyone in a home or shelter where a family is housed. Our courts include in the definition, people who are or were in an intimate relationship with the other party, such as girlfriends, boyfriends, and former spouses. In addition, the Act provides for an Order to Protection to cover “high-risk adults,” such as those with disabilities, more than 18 with a physical or mental problem that prevents them from seeking and obtaining protection. Your [lawyer](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process") can advise you about how the act may apply to your circumstances. An attorney can also advise you about how an Order of Protection may affect other aspects of a [divorce](https://familylawadvocate.com/divorce/), such as [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") and [parenting time.](https://familylawadvocate.com/divorce/visitation/ "Visitation")

## What is considered domestic abuse in the eyes of the law?

Abuse can be any of the following:

- **Physical abuse**. Physical abuse occurs when a person recklessly employs force, restraint or sleep deprivation or exhibits “conduct that creates the imminent risk of harm.” In many ways, physical abuse is the easiest type of abuse to understand.
- **Harassment.** Harassment refers to conduct that has no purpose except to cause emotional distress. Creating a disturbance at a person’s school or work, repeated telephone calls to someone’s place of employment or home, “stalking,” improperly concealing or repeatedly threatening to conceal a minor child or to take that minor to another state and threatening physical violence, force or restraint are all actions included under the category of harassment.
- **Intimidation of a dependent.** Individuals, dependent due to age, health, or disability and are subjected to or witness “physical abuse” are covered by the Illinois Domestic Violence Act, even if they are not family or household members.
- **Willful deprivation.** Denying a person medication, medical care, shelter, food, and other essentials required due to age, health, or disability is considered willful deprivation.
- **Interference with personal liberty.** Engaging in or threatening physical abuse, harassment, intimidation, or willful deprivation to prevent another person from doing what they want is interference with personal liberty.

## Why To Seek a Qualified Attorney For an Order of Protection

Many people hesitate to seek help from an attorney and the courts for an Order of Protection because they believe the process may take too long. This is unfortunate because one of the most useful features of the Illinois Domestic Violence Act is that it is quick and easy to initiate, and it yields immediate results. For example, “Mary” recently telephoned our office after her husband pointed a loaded gun at her head, threatened to kill her, and held her captive in her own home. Eventually, he put the gun away, and she called the police. Mary’s husband denied having a gun, and the police searched the house. When the weapon was found (loaded), the husband was arrested. The first lesson of this episode is that the police do respond to domestic violence calls and take them quite seriously.

However, while Mary made the best decision to call the police first, they can only remedy the immediate problem. Eventually, her husband came home and she felt rightfully insecure for herself and her children.

## What are the mechanics of asking for an order of protection?

Mary’s next step was to call an attorney who assisted her in filing an emergency petition with the court for an order of protection. Because it was filed as an emergency, the court could hear it immediately. If Mary meets one of the criteria for an order, which she certainly does, the court grants an order or protection ex parte, meaning that the order was entered without her husband having notice. The sheriff makes service of the order a top priority, as required by the statute. Once Mary’s husband receives notice of the order, he cannot enter the home or have any contact with Mary or the children until the next court date.

The second court appearance occurs within 21 days, at which time there is a hearing on the petition. At this point, Mary’s husband is given an opportunity to respond to the allegations made against him. If he cannot rebut the allegations (or fails to come to court), the court issues an order of protection that can last up to two years and can be extended if necessary.

## What protection is a victim given by the court order?

The court has the power to enter an order accomplishing one or more of the following:

- prohibiting abuse or neglect of a person or the exploitation of a disabled adult (for example, misuse of the adult’s assets)
- granting exclusive possession of the parties’ residence
- prohibiting the offender from contacting the victim
- providing for the physical care of any minor children
- allowing visitation with the minor children, if any
- granting exclusive possession of personal property
- prohibiting firearm possession
- ordering payment to the victim for any losses or expenses, including attorney fees
- ordering other remedies

## Exclusive Possession of The Home

The most frequent question we are asked by our clients is if they can get exclusive possession of their residences. The answer is fact-specific because the Illinois Domestic Violence Act requires the judge that is hearing the petition to “balance the hardships” between the parties. The court looks at the hardship for the victim, the alleged abuser, any minor children, and any dependent adults in the household and how the granting of exclusive possession impacts each. Exclusive possession “is presumed to favor” the victim, and this is a real advantage when this remedy is sought.

Of course, once the court issues an order of protection, there is no guarantee that the abuser will not violate it. Though the victim notifies the police of the order, they do not place guards outside the victim’s home. However, there are two things to keep in mind. One, the Illinois Domestic Violence Act recognizes that some victims are in hiding, and the court accommodates this wish and does not reveal a victim’s whereabouts. Two, violation of the order is considered contempt of court and can, in certain circumstances, be a crime. This provides substantial teeth to the law and acts as a deterrent in most cases.

Many victims of domestic abuse are either unaware of the legal remedies at their disposal or do not trust the court system enough to use them. This is unfortunate, as many of these perceptions are rooted in the past and are no longer founded.

### Our attorneys can help protect you with an Order of Protection

For more information about how to file an order of protection, [email](https://familylawadvocate.com/contact-us/ "Contact Us") our attorneys at M. Scott Gordon & Associates or call our Chicago office at  312.360.0250 or our Skokie office at 847.329.0101 to help you with your case.

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### [College Expenses](https://familylawadvocate.com/divorce-and-college/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Cook County Divorce Attorneys Helping You Cope with Divorce and College Expenses

### Respected Chicago divorce lawyers in Skokie and Cook County

The Skokie divorce lawyers of Gordon & Perlut, LLC can help you manage the complex legal issues surrounding divorce expenses, including subsequent college expenses.

Although a child of married parents has no legal basis to have a court order his or her parents to pay for college education, our Supreme Court has ruled that a court may order divorced or unmarried parents of children to assist a child with educational expenses. Although most people assume that this applies only to post-high school educational expenses, [Section 513 of the Illinois Marriage and Dissolution of Marriage Act](https://illinoislawforyou.com/child-support/faqs-about-contribution-to-college-expenses/#:~:text=In%20Illinois%20Section%20513%20of,travel%20to%20and%20from%20college.) states clearly that a court has the authority to “make provision for educational expenses,” not only for college or other professional training “after graduation from high school but also to any period during which the child of the parties is still attending high school, even though he or she attained the age of 18. The educational expenses may include but shall not be limited to, room, board, dues, tuition, transportation, books, fees, registration and application cost, medical expenses, including medical insurance, dental expenses, and living expenses during the school year and periods of recess, which sums may be ordered payable to the child, to either, or to the educational institution.” A Skokie divorce attorney can help you determine which expenses may be covered.

### Negotiate College Expenses Through Divorce Mediation

Our courts have great flexibility in awarding payments under Section 513, and it often comes as a shock to parents that they can be “on the hook” for these obligations after [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process"), in addition to other support orders, such as [alimony](https://familylawadvocate.com/divorce/spousal-maintenance/ "Spousal Maintenance") or child support for the ex-spouse with [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody").  However, as with most family law-related issues, it is important to have an attorney who can make sure that each party’s responsibilities and that of the child (now an adult) are properly reviewed and shown to the court. Section 513 states that the court must review the following: (1) the financial resources of both parties; (2) the standard of living the child would have enjoyed had the marriage not have been dissolved; (3) the financial resources of the child; and (4) the child’s academic performance. It is possible that many of the disagreements related to support can be sorted out in a less contentious manner through Chicago [divorce mediation](https://familylawadvocate.com/family-law/mediation/ "Mediation"). Your Cook County divorce attorney can take you through a full review of your options.

In a recent matter that was handled by our Skokie divorce attorneys, a parent sought to have the other parent pay 100% of the [college tuition](https://familylawadvocate.com/how-long-do-i-have-to-pay-college-expenses-for-a-child-in-illinois/), fees, books, and private apartment housing of the 21-year-old child. In reading the petitioning parent’s motion, you would not know that the student had failed more classes than he had passed, had refused to work, even during periods when he was a part-time student or during the summer when he would not go to school at all and that the petitioning parent had a substantially increased standard of living since the time of the divorce.

Good Skokie divorce attorneys who practice in this area of law know that they often need to “dig deep” into the facts to protect their clients and to make sure that all parties are “paying their fair share.”

### Cook County divorce attorneys looking out for your best interests

If you are looking for more information about college expenses decisions, email Chicago family law attorney M. Scott Gordon at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  or 312.360.0250. We serve Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the Cook County area.

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### [Divorce – Contested vs. Non-Contested](https://familylawadvocate.com/divorce/fault-no-fault/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Divorce Attorney Explains No-Fault Divorce

### Responsive divorce lawyers serving Chicago and Cook County, Lake County and DuPage County

Illinois courts gain jurisdiction, or power, over the divorce if one party has resided in the State of Illinois for at least 90 days. Many issues need to be decided in a divorce, and this article pertains only to how the court dissolves the marriage. However, a [divorce lawyer](https://familylawadvocate.com/divorce/) from Gordon & Perlut, LLC can help you fully understand the legal issues involved in a divorce.

In 1977, the Illinois legislature rewrote the divorce laws in our state. The statute, which was eventually adopted and is still with us today, is known as the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59). The law was significantly changed in many regards on January 1, 2016.

All states in our country have “no-fault” divorce. In order for a court to grant a divorce, known in Illinois as dissolution of marriage, the court must make a finding that there is no fault on the part of either spouse, but “irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or that future attempts would be impracticable and not in the best interest of the family.”

### No-Fault Divorce in Illinois

In order for an Illinois court to grant a no-fault divorce, the husband and wife must live separate and apart for a continuous period in excess of 6 months, and irreconcilable differences must be found to have caused the irretrievable breakdown of the marriage. In addition, further efforts at reconciliation must have failed or future attempts at reconciliation must be considered impracticable and not in the best interest of the family.

What if the husband and wife decide, during their separation, to try “one more time” to repair their marriage? Does that negate the original separation period? The answer is no. The law wants to encourage couples to attempt reconciliation, not to discourage them from making these attempts.

### Living Apart and Separate

Lastly, what does “live separate and apart” mean? Although the statute may not be clear, our courts have interpreted the phrase to include periods when the parties resided in the same residence but had clearly not lived as husband and wife. For example, many couples find it difficult to live in separate residences immediately because of financial constraints. However, they may live in separate bedrooms and not engage in sexual relations. Our courts consider that type of arrangement as living separate and apart. A [divorce lawyer](https://familylawadvocate.com/why-choosing-the-right-divorce-lawyer-matters/) can explain your options and the legal implications of specific living arrangements.

All U.S. states completely revamped their divorce laws in the 1970s. Illinois passed its new statute, the Illinois Marriage and Dissolution of Marriage Act, in 1977. The political battle in our state was quite fierce, and one of the main opponents to liberalized divorced laws was the Roman Catholic Church, among others. One compromise contained in our current state statute was to allow parties to settle divorce issues, such as those relating to property and children, without asking for a divorce. Although [divorce has become quite common](https://familylawadvocate.com/what-is-the-most-common-reason-for-divorce/) in our society, there are still a number of people who object to completely dissolving their marriages, either because they want or need some of the protections and benefits marriage affords, such as health insurance, or because they are opposed to divorce for religious reasons. In other cases, couples have been married many years and are elderly, and they may believe it is easier to remain married.

### Legal Separation

The compromise in Illinois was to allow “[legal separation](https://familylawadvocate.com/divorce/legal-separation/).” Essentially, any person living separate and apart from the spouse without fault may have a remedy for reasonable support and maintenance while they still live apart. Hence, filing a Petition for Legal Separation with a circuit court in any county in our state can allow the court to award support and deal with other issues between the parties without terminating the marriage. Once the Judgment for Legal Separation is entered by the court, property can be acquired and held separately as non-marital property.

It is important to note that the other spouse is not prohibited from filing a Petition for Dissolution of Marriage and requesting that the court completely dissolve the union.

### Finding a trusted Cook County, Lake County or DuPage County divorce attorney

Gordon & Perlut, LLC understands the intricacies involved in dissolution of marriage, and we can help you navigate the process of a fault or no-fault divorce.  Contact our divorce lawyers [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our Skokie office.

---

### [Dependent Exemptions](https://familylawadvocate.com/articles/dependent-exemptions/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

# Dependent Exemptions

## Who can claim for income tax purposes?

Many clients are confused regarding how dependency exemptions may be claimed for income tax purposes. Custodial parents often assume they can claim the exemption, while parents who pay child support believe they are entitled to the exemption. Federal law states that the custodial parent is entitled to claim the dependency exemption unless the custodial parent has signed a written statement that he or she will not claim the exemption. In other words, if your divorce or custody judgment is silent on the issue, the [custodial parent](https://familylawadvocate.com/what-does-primary-custodial-parent-mean/) is automatically entitled to claim the exemption because there is no signed waiver. However, many Judgments incorporate settlement agreements that assign the exemption in some (or all) years to the non-custodial parent, and this is proper and acceptable for the IRS.

Can Illinois courts order a custodial parent to sign a declaration that they will not claim the [exemption](https://familylawadvocate.com/divorce/dependent-exemptions/ "Dependent Exemptions"), and thus effectively assign it to the non-custodial parent? Yes. This issue has been addressed by our courts, and Judges in Illinois do have this authority to order a parent to sign the assignment.

The dependency exemption is often raised in settlement negotiations. How much is it worth to each party? That, of course, depends. One way to determine its value in “hard numbers” is to ask your accountant or attorney (if the attorney has the right tax software program) to calculate the value for each party based upon their respective incomes.

## Let an experienced attorney help you determine what’s best for your family

Email our Chicago Divorce Attorneys or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our [Skokie](https://www.skokie.org/) office at 847.329.0101  to help you.

---

### [Divorce Mediation](https://familylawadvocate.com/family-law/mediation/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Effective Chicago Divorce Mediation

### Veteran divorce mediation attorneys serving the Cook County, Lake County, and DuPage County

Divorce mediation and other alternatives to litigation are often faster and more cost-effective than courtroom litigation. Gordon & Perlut, LLC offer mediation and conflict resolution services in family law matters. Our attorneys also provide legal assistance and advice to clients using third-party mediators as they proceed through the process.

### Divorce alternatives: mediation, conflict resolution, and collaborative law

Our divorce mediation attorneys offer divorce mediation, conflict resolution, and [collaborative law](https://familylawadvocate.com/collaborative-law/) services.

Mediation involves assisting clients with resolving their divorces or other family law disputes in a cooperative manner. When we are hired as the mediator, we do not represent either party and act as trained neutrals to assist the parties in resolving their conflict. Often, the individuals will have outside attorneys they can consult for advice during the negotiation and mediation process.

When each party hires a divorce lawyer to resolve a family law dispute through negotiation without resorting to courtroom litigation, it is called [collaborative law.](https://www.isba.org/committees/women/newsletter/2008/01/collaborativedivorce) In some cases, this may be appropriate.

We often represent one party who has agreed with the spouse to use the services of a mediator. Even in these situations, the parties can benefit from having mediation attorneys representing their interests and providing advice as they seek to negotiate a peaceful resolution to their case.

## The benefits of pursuing Divorce Mediation

Until only a few years ago, most people were unclear regarding what mediation was and how it worked. While mediation is not suitable for all couples, it is certainly suitable for most families. In fact, judges in Illinois are required to send couples to mediation regarding their children if they cannot agree upon the allocation of parental responsibilities (formerly known as custody) and [visitation](https://familylawadvocate.com/divorce/visitation/) issues. Unfortunately, the requirement does not apply to financial issues.

What is mediation? Mediation involves the couple meeting with a trained professional who guides them toward a settlement of the issues that need to be decided in a divorce. The mediator does not impose solutions but instead helps couples come to reasonable agreements. The couples may be assisted by a mediation attorney throughout the process.

Most people getting a [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process") have difficulty communicating, and it is common for them to feel that mediation, “won’t work for them.” However, a trained mediator can often focus couples on their immediate problems and needs. Although divorce is often accompanied by anger, distrust, and feelings of hurt, most (but not all) people do not want to spend a large amount of time and money in divorce litigation. They instinctively understand that compromises need to be made and that there is a substantial risk to having their divorce issues resolved by a judge.

### Flexibility of Divorce Mediation

One advantage of Chicago divorce mediation is that the parties can devise creative and workable solutions to their problems in ways that a judge won’t. For example, both parties initially may claim in the divorce that they want sole allocation of parental responsibilities (formerly known as sole custody) of the children. If that issue is presented at trial, the judge is required to rule in favor of one party and against the other. However, the parties in mediation may discover that their reasons for requesting full custody of the children are not necessarily incompatible.

How? Often, parties pursue full allocation of parental responsibilities (formerly known as [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody")) because they are concerned about having limited access to their children and cannot have a say in his or her upbringing after the divorce. Alternatively, parties may request full custody because they fear for their financial future and cannot imagine life without [child support](https://familylawadvocate.com/how-to-avoid-contempt-of-court-charges-for-child-support/). Mediation allows both parties to explore their concerns regarding the allocation of parental responsibilities (formerly known as child custody), [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"), and [property division](https://familylawadvocate.com/divorce/property-division/ "Property Division"), and we have seen often how a mediated settlement can take into account everyone’s needs and concerns.

Another advantage of divorce mediation is that it allows the parties to, “open up” with the other spouse in a controlled environment. Most mediators will have the parties sign a mediation agreement, which should include a clause that the mediation sessions are confidential and that each party agrees not to call the mediator as a witness at any court proceeding. This agreement allows the parties to discuss possible settlement options openly without being concerned that the discussions will be used against them later if a mediated settlement is not obtained.

### Put Divorce Mediation to Work for You

An [experienced mediation attorney can make your divorce process easier](https://familylawadvocate.com/how-to-find-the-best-divorce-mediator-in-chicago/). Contact Mediation Lawyer M. Scott Gordon online or call  312.360.0250 for our Chicago office or  847.329.0101 for our Skokie office.

---

### [Divorce Attorney Assisting Clients in Forest Park, Illinois](https://familylawadvocate.com/divorce-attorney-forest-park-il/)

**Published:** May 11, 2018
**Author:** familylawadvocate

**Content:**

If you are considering divorce, it is important to have a dedicated [Forest Park divorce lawyer](https://familylawadvocate.com/divorce/) who can ensure that your voice is heard. Whether you are facing a contested or an uncontested divorce, Illinois divorce law under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA) is complex. You deserve to have a compassionate advocate on your side who will support you at each stage of the divorce process.

At Gordon & Perlut, LLC, we regularly assist Forest Park clients with many legal issues in their divorces, including but not limited to:

- Filing your petition for dissolution of marriage;
- Property division;
- Maintenance;
- Child custody;
- Child support; and
- Modification of court orders.

## Financial Matters in Your Forest Park Divorce

![Forest Park Divorce Attorney](https://familylawadvocate.com/wp-content/uploads/2017/09/lagrange-child-support-300x201.jpg "Forest Park Divorce Attorney | Chicago & Skokie Divorce & Family Law Attorneys")There are many different financial issues that arise in every divorce in Forest Park. In all divorces, the IMDMA requires that marital property be divided according to a theory of equitable distribution.[ Property division](https://familylawadvocate.com/divorce/property-division/) can become extremely complicated in high net worth divorces, as well as in situations where non-marital property has been commingled with marital property. Keep in mind that only marital property—assets and debts—is divided. Non-marital property is not subject to division. A Forest Park divorce attorney can help.

While not all divorces result in a[ spousal maintenance award](https://familylawadvocate.com/maintenance-aka-alimony/), many parties in divorce cases in Forest Park do seek spousal maintenance. In order to be eligible for spousal maintenance, the party seeking it must request it. Then, the court looks to a number of different factors to determine whether spousal maintenance is appropriate, such as the length of the marriage, the contributions of each spouse to the marriage, the standard of living during the marriage, and the assets and debts of the parties. If a court decides that spousal maintenance is appropriate, then it will determine the amount and duration of the award.

Due to a recent change in Illinois law, courts now use guidelines when determining the amount and duration of spousal maintenance. This change to the law streamlines spousal maintenance awards and makes them more objective.

## Parental Responsibilities and Parenting Time

If you are considering divorce and have children from the marriage, you likely know that Illinois law recently underwent a number of changes to the way it deals with child custody. Courts no longer award child “custody” in Forest Park divorces, but instead, they allocate “parental responsibilities and parenting time”.

In addition to parental responsibilities and parenting time, anyone filing for divorce who has children should be aware that Illinois child support laws have also changed, as well. The state now uses an “income shares” model to[ calculate both parents’ support obligations](https://familylawadvocate.com/how-are-support-payments-for-extracurricular-activities-calculated-in-illinois/).

## Seek Advice from a Forest Park Divorce Attorney

Do you have questions or concerns about your divorce? An experienced [Forest Park divorce attorney](https://familylawadvocate.com/divorce/) can assist with your case. We are committed to providing personalized representation to each of our clients, and we can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information.

For reliable legal counsel, contact the Law Offices of Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation. Our experienced and friendly attorneys will be happy to discuss your case. You can also visit our offices in Chicago and Skokie, Illinois.

---

### [Child Support Collections](https://familylawadvocate.com/divorce/child-support-collections-chicago/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Area Attorneys Helping You Pursue Child Support Collections

### Explaining Child Support Enforcement in the Chicago Area

What is the best way to collect or pay child support? Why is there so often confusion regarding what has been paid on old support orders? Child support enforcement should be a simple process, yet as many people involved (either as parents, attorneys, or judges) know, the “process” can be frustrating, confusing, and downright nerve-wracking. A recent article in a Chicago legal newspaper had a headline stating that even Cook County child support attorneys are “baffled” by the way the collections process works!

Most custodial parents want only to receive the correct amount of child support, and [most non-custodial parents want to pay child support](https://familylawadvocate.com/how-long-do-i-have-to-keep-paying-child-support-arrears/) as long as it is the correct amount, and someone is correctly recording the amounts paid. While Chicago [divorce mediation](https://familylawadvocate.com/family-law/mediation/) for the often contentious issue of child support has become an increasingly popular option for sorting out disagreements between former spouses, this does not always solve the problem.

There has been a huge amount of press in the past few years about [collecting child support](https://familylawadvocate.com/is-there-a-statute-of-limitations-on-child-support-arrears/), most of it negative. Parents owed support and seeking [child support enforcement](https://familylawadvocate.com/divorce/child-support-collections-chicago/) and many parents who pay are often trapped between competing court and administrative orders, with the added headache of seized tax refunds where often no arrearage is owed.

A few years ago, major Illinois employers had the child support enforcement law changed so that orders issued now by any Illinois court must state that the support is to be paid either by the employer directly through the state distribution unit (SDU) **or** that the parent is to make payments privately to the other parent. For parents, it is important to know how your support is paid. Your [Chicago Child Support Lawyers](https://familylawadvocate.com/divorce/child-support/) can help you get a better grasp of this complicated issue.

## Direct Child Support Payments

Do you receive or make payments directly to or from the other parent? If so, ask yourself if it might be better for the support to be taken out of the parent’s paycheck by his or her employer and sent through the SDU. Sometimes, parents believe (or are convinced by the other party) that it is more efficient to have the support paid directly. The problem is that this can produce unneeded problems for either parent. For someone receiving the payment, child support can become a battle of nerves with threats to not pay or payments delayed out of spite or anger. For those paying support, there is no clear record of payments made. Although canceled bank checks are proof of payment, these can become lost. In addition, the state may be involved in your case without you realizing it, and if payments are made directly between the parties, the state mistakenly can pursue the child support enforcement action of reporting you to the tax authorities as being delinquent. This can result in seized tax returns (which are very difficult to recover) and a mark on your credit report.

## Child Support Payments Through the SDU

Much of the problem (and the bad press) a few years ago happened after the law on child support enforcement was changed. Before, the individual counties in Illinois (all 102 of them) acted as distributors of child support for parents in his or her counties. The change in the law consolidated that job and put it into the hands of the [SDU](https://www.ilsdu.com/) in DuPage County. Simply put, the new SDU could not suddenly handle the thousands of checks it was receiving each week, with the added burden of a computer system that was useless.

The good news is that the SDU now has sorted out the problems, by and large. For most people, the SDU benefits both parties. We presently generally recommend to clients that they have child support withheld by the employer and paid through the SDU. The result should be a clear record of payments, which benefits everyone. It makes child support payments automatic, which reduces stress for both parents, and helps (but does not guarantee) to keep the state administrative child support authorities from incorrectly believing a parent is delinquent in child support payments.

Last, for parents who pay support, you should explore if there is a state administrative case regarding your child support. Most parents assume that once a case is filed in court, the court case is the only case. This is not necessarily true. Often, the state administrative authorities monitor child support payments, and if his or her records indicate an arrearage, they can have tax refunds withheld, put a mark on your credit and refer the matter to the state’s attorney for possible legal action. If there is a companion state administrative case regarding your support, make sure their records are correct. It can save you a huge amount of headaches.

### Let our Diligent Chicago Child Support Attorneys help you through the process

If you are going through the child support process and need more information, email Chicago child support collections lawyer M. Scott Gordon or call 312.360.0250 for our Chicago Office. Our convenient downtown office is located at 180 N. LaSalle Street and our suburban location is located in Skokie.

---

### [Family Law & Legal Separation Attorney Mount Prospect, Illinois](https://familylawadvocate.com/family-law-attorney-mount-prospect-il/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Alimony / Maintenance Attorney in Mt Prospect

During or after the turmoil of a divorce or separation, you can come face to face with a financial crisis and the nagging thoughts of instability. The constant thought of not knowing how you are going to pay the bills can add undue stress and negativity to your life. This all seems pretty bleak, but with the right preparation, you can save yourself years of financial troubles and countless headaches if you receive [spousal maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), formerly known as alimony. If you live in Mt. Prospect, Illinois, or the greater Chicago area and need legal counsel regarding [spousal maintenance](https://familylawadvocate.com/how-long-is-spousal-maintenance-paid-in-illinois/) or alimony, consider seeking the help of Gordon & Perlut, LLC.

## Experience You Can Trust

We have over two decades of experience with [family law](https://familylawadvocate.com/family-law/), and we want to help you during your time of need. After a family transformation, it is in your best interest to make sure that you have someone fighting for you. We want to help lessen your burden in your time of need by assisting you with legal counsel and by leveraging our experience with family law to fight for you. We urge you to make sure that your rights are protected and that you do not get taken advantage of.

## Your Next Step

If you are going through a painful divorce and are struggling to keep up with the bills, it is in your best interest to seek the help of an accountable, trustworthy, and experienced attorney. The longer you wait to seek help, the longer it will be before you can rest with peace of mind. Don’t hesitate to call Gordon & Perlut, LLC at 847.329.0101 today. We proudly serve clients in [Mt. Prospect](https://www.mountprospect.org/), Illinois and the greater Chicago area. Change isn’t easy, but remember, we are here to help.

---

### [How Does a Divorce Impact Your Credit?](https://familylawadvocate.com/divorce-and-credit/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Skokie Attorneys Explain the Impact of Divorce on Your Credit

### Professional Cook County divorce advice you can depend on

A divorce affects every aspect of your life. The Cook County divorce attorneys of M. Scott Gordon can prepare you for as many eventualities of the process as possible.  One of these is the likelihood of credit issues.  Some people incorrectly believe that a divorce decree prevents a creditor from coming after one spouse to collect marital debts.

If you and your spouse sign a contract stating that you agree to make certain payments, a [divorce](https://familylawadvocate.com/ "Home") decree does not override this agreement. A Skokie divorce lawyer can help you protect your credit.

## Protect your credit with divorce help in Niles

You can avoid debt disputes and problems by:

- Communicating with your spouse
- Asking companies and banks to transfer the debt to the responsible party
- Keeping joint bills current during divorce mediation or litigation
- Requesting that creditors remove your spouse’s name from the account, or close joint accounts
- Considering individual consolidation loans to pay off joint bills after the divorce

If your spouse runs up a large amount of debt during the marriage, separation, or divorce, cancel as many accounts as you can. The [asset division](https://familylawadvocate.com/divorce/property-division/ "Property Division") aspect of the divorce process includes a distribution of debts. Your [Skokie divorce lawyer](https://familylawadvocate.com/why-choosing-the-right-divorce-lawyer-matters/) at our firm can advise you about how divorce can affect your assets.

## Understanding creditors’ rights in divorce

The law prevents a creditor from closing a joint account because of a change in marital status unless one spouse requests it. You can request that your creditors change your joint accounts to individual accounts so creditors only consider your income, credit history, and assets.  These accounts do not appear on your spouse’s credit report.

A creditor may ask you to reapply before extending you the same credit as when you applied with your spouse.  If you do not work outside the home, work part-time, or have a low-paying job, you may be unable to get credit without listing your spouse’s income. [Alimony](https://familylawadvocate.com/articles/spousal-maintenance/ "Spousal Maintenance") determinations and division of property, including the [marital residence](https://familylawadvocate.com/divorce/marital-residence/ "Marital Residence"), may affect your financial worth and therefore, your eligibility for credit.

Consult with your Skokie divorce lawyer to assess your options and protect your rights regarding creditors’ actions.

### Protect your credit with a Cook County divorce attorney

Even when your divorce decree assigns a debt to one spouse, the creditor can hold both responsible for the debts.  If your spouse runs up debts and refuses to pay them, your credit history can suffer.

Let Gordon & Perlut, LLC help you.  Contact our Niles divorce lawyers online, or call our office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101.  We serve:

| - Evanston - Glenview | - Northbrook - Skokie |
|---|---|

---

### [Changes to Illinois Divorce Laws in 2016](https://familylawadvocate.com/divorceinformation/2016newlaws/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Divorce in Chicago

We have assisted many clients with [Divorce in Chicago](https://familylawadvocate.com/divorce) and the surrounding suburbs. You can be assured we can prepare you for the new Illinois Laws for Divorce and Child Custody (which is now known as allocation of parental responsibility). How will the changes to the law affect Chicago area residents who are thinking about [filing for divorce](https://familylawadvocate.com/divorce/steps-for-filing-divorce/)?

![Changes to Illinois Divorce Laws in 2016](https://familylawadvocate.com/wp-content/uploads/2016/09/2016newlaws.png "Changes to Illinois Divorce Laws in 2016")

After decades without major amendments or policy shifts, the Illinois legislature believed that certain tenets of divorce law in Illinois did not adequately attend to the modern needs of couples seeking divorce, [spousal support](https://familylawadvocate.com/how-long-do-i-have-to-pay-spousal-support-in-illinois/), and child custody arrangements. [Senate Bill 57](http://www.ilga.gov/legislation/publicacts/99/PDF/099-0090.pdf) explains changes will be made to existing divorce law. The bill was signed into law by Governor Rauner and became effective January 1, 2016. The law completely overhauls many aspects of divorce in our state, including [child custody](https://familylawadvocate.com/divorce/child-custody/). Under the new law, the old way of determining sole or joint custody is abolished. When determining what was formerly known as parental custody of a child, the court is now required to “allocate parental responsibilities”.

## Grounds for Dissolution of Marriage

One of the primary changes to the law concerns grounds for divorce. Under the old statute, the [Illinois Marriage and Dissolution of Marriage Act](https://familylawadvocate.com/resources/) required a petitioner to have grounds for divorce without having lived separate and apart for more than two years. Grounds for fault under the old (pre-2016) law included but were not limited to:

- Adultery;
- Desertion;
- Habitual drunkenness;
- Drug addiction;
- Physical cruelty;
- Mental cruelty; and
- Felony conviction.

Under the revised law, however, the only ground for a divorce is irreconcilable differences (commonly known as “no-fault”). A couple that wants to divorce as of January 1, 2016, will also discover that they will not need to be separated for more than two years. Instead, the separation requirement is lowered to six months.

When evaluating the best interests of a child at issue in determining an [allocation of parental responsibility](https://familylawadvocate.com/what-child-custody-rights-do-unmarried-parents-have-in-chicago/) (formerly known as “child custody”), the law directs the court to consider certain factors. These factors include, but are not limited to, the following:

- Wishes of the child;
- Wishes of the parents;
- Status of familial relationships;
- Impact, if any, of a change of residence;
- Mental and/or physical state of all parties involved in the proceedings;
- Actual or anticipated violence or threats of violence;
- Direct or indirect presence of abuse;
- Willingness of each parent to foster a bond with the child and commitment to allow the child to foster a bond with the other parent;
- Status of any parent registered as a sex offender; and
- Any family plans for deployed military personnel.

## Marital Assets and Educational Support Expenses

Changes to the law will also help clarify how assets are valued in the event of divorce. In short, courts will use a “fair market” method of valuation. The value of a couple’s marital assets will be assessed at the trial date, at which point the value will be a fair market standard. If necessary, the judge may appoint a financial expert.

In addition to adding language about asset valuation, the law also addresses educational expenses. Whereas the old law did not specify how educational expenses would be made or when a parent could cease making such support payments, the new law clarifies when a parent can petition for educational expenses for a child, and events around which a parent can stop making payments.

## Contact a Chicago Divorce Lawyer

This has just been a small sample of some of the numerous changes for the start of 2016 to the divorce laws in Illinois. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) today to get help with the changes to the Illinois Marriage and Dissolution of Marriage Act. Speak with an experienced [Chicago divorce lawyer](https://familylawadvocate.com/contact-us/).

---

### [Fathers’ Rights](https://familylawadvocate.com/fathers-rights/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Attorneys Protecting Fathers’ Rights in the Chicago area

### Divorce lawyers serving Cook, Lake, and [DuPage County](https://www.dupageco.org/)

A father’s love for his children is worth protecting. Both partners must[ ensure that divorce doesn’t compromise the rights of the children](https://familylawadvocate.com/how-to-talk-to-your-children-about-divorce/) and the relationship they have with each parent. The divorce lawyers of Gordon & Perlut, LLC can help preserve a father’s rights and his connection with his children after a divorce.

## The impact of divorce on the paternal relationship

There are many aspects of[ divorce that negatively affect the relationship between father and child](https://familylawadvocate.com/why-fathers-need-divorce-lawyers-for-men/). For instance, [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") (now known as allocation of parental responsibilities) [visitation](https://familylawadvocate.com/divorce/visitation/ "Visitation") (now known as parenting time) determinations seriously may limit the ability of a father to spend quality time with his children. The court makes its determinations based on the child’s best interests but this does not mean that it considers the dynamics of the child-parent relationship and the post-divorce situation between ex-spouses. We can help present a compelling case for a more advantageous custody arrangement in settlement negotiations and in court. Our divorce lawyers can also assist in making sure that [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") obligations are realistically tailored to your child’s needs and capabilities.

## Modification of settlements and court orders

A settlement or court order affecting the quality time you spend with your child is not set in stone. To provide for the child’s best interests or reflect a change in circumstances, the court can modify a prior order. If your situation has significantly changed, including a job loss or a change in work schedule, you don’t have to lose out on precious time with your children. Our divorce lawyers can help you obtain a modification of prior orders regarding [visitation or child support](https://familylawadvocate.com/illinois-child-visitation-laws-what-you-need-to-know/).

A change in your ex-spouse’s circumstances might also be grounds for a modification of a prior court order regarding custody or parenting time. If your former partner’s change in family situation, schedule, or employment is negatively affecting your parental relationship or your ex-spouse ceases to be a fit custodian, you can seek a change in prior custody or parenting time determinations. Consult your [divorce lawyer](https://familylawadvocate.com/divorce/ "Home") to discuss the options that may apply in your case.

## Contact our divorce lawyers for insightful advice on fathers’ rights

We understand how important your children are to you. That’s why M. Scott Gordon & Associates ensures that the love you have for your children is respected throughout the legal process. Contact us today through our [online form](https://familylawadvocate.com/contact-us/ "Contact Us") or call us at  312.360.0250

---

### [Practice Areas](https://familylawadvocate.com/aop/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

## Practice Area Overview

For your reference, Gordon & Perlut, LLC provides articles for you to review to understand better your legal situation. Please be aware that these articles are for general information only and should not be relied upon over your legal counsel. For advice related to your case, call the offices of Gordon & Perlut, LLC to speak to an experienced attorney and mediator.

Call today: 312.360.0250 or 847.329.0101.

## Resolution alternatives

- **Litigation and courtroom advocacy**
    Discover how litigation works and how we can help.
    [>> read more about litigation and courtroom advocacy](https://familylawadvocate.com/family-law/courtroom-advocacy/)
- Mediation
    Discover the benefits of divorce mediation over courtroom litigation. [](https://familylawadvocate.com/family-law/mediation-alternatives/)[>> read more about mediation ](https://familylawadvocate.com/family-law/mediation/)
- **Mediation, collaborative law, and conflict resolution**
    Learn more about M. Scott Gordon’s qualifications in these specialty areas.
    [>> read more about other alternatives to litigation](https://familylawadvocate.com/family-law/mediation-alternatives/)
- Appeals
    Discover how to file an appeal in Illinois. [](https://familylawadvocate.com/family-law/appeals/)[>> read more about filing an appeal](https://familylawadvocate.com/family-law/appeals/)

## Matrimonial law

- Divorce
    Explore the differences between fault and no-fault divorce. [>> read more about fault and no-fault divorce](https://familylawadvocate.com/divorce/fault-no-fault/)
- Legal separation
    Illinois statutes entitle you to certain legal rights and remedies.
    [>> read more about Illinois legal separation](https://familylawadvocate.com/divorce/legal-separation/)

## Financial issues

- Division of property
    Discover what equitable distribution means in a court of law.
    [>> read more about property division](https://familylawadvocate.com/divorce/property-division/)
- Marital residence
    Did you know that you are legally entitled to remain in a household after you file for divorce?
    [>> read more about marital residence](https://familylawadvocate.com/divorce/marital-residence/)
- Child support
    Discover [how the court awards child support in Illinois](https://familylawadvocate.com/is-there-a-statute-of-limitations-on-child-support-arrears/).
    [>> read more about the child support process](https://familylawadvocate.com/divorce/child-support/)
- Maintenance
    Discover the criteria used to measure alimony on a permanent or temporary basis. [>> read more about alimony and spousal support](https://familylawadvocate.com/divorce/spousal-maintenance/)
- Failure to pay child support
    Discover what you can do about non-payment of child support.
    [>> read more about child support non-payments](https://familylawadvocate.com/divorce/child-support/failure-to-pay/)
- Child support collections
    What all parents need to know about direct payments and payments through the SDU.
    [>> read more about collecting child support](https://familylawadvocate.com/divorce/child-support-collections-chicago/)
- College expenses
    Discover how a court distributes the[ obligations for your child’s college education](https://familylawadvocate.com/how-long-am-i-legally-obligated-to-pay-support-while-my-child-is-in-college/).
    [>> read more about college expenses](https://familylawadvocate.com/divorce-and-college/)

## Parental rights

- Custody
    Learn how courts decide whether to grant sole or joint custody.
    [>> read more about child custody](https://familylawadvocate.com/divorce/child-custody/)
- Visitation
    Discover how the [courts decide how to grant visitation](https://familylawadvocate.com/how-does-the-court-decide-visitation-in-illinois/) to non-custodial parents and relatives.
    [>> read more about visitation rights](https://familylawadvocate.com/divorce/visitation/)
- **Grandparent’s visitation** Discover more about your legal rights as a grandparent.
    [>> read more about grandparent rights and visitation](https://familylawadvocate.com/divorce/grandparent-visitation/)
- Removal of children from Illinois
    Illinois laws outline the rights of non-custodial parents when a custodial parent is about to relocate to another state. [>> read more about relocating and removal of children out of Illinois](https://familylawadvocate.com/divorce/children-removal-illinois/)
- Dependent exemptions
    Income[ tax exemptions for children are reserved for custodial parents](https://familylawadvocate.com/tax-implications-of-shared-custody/) unless the parent gives up that right in writing. [>> read more about dependent exemptions](https://familylawadvocate.com/divorce/dependent-exemptions/)
- Fathers: Don’t Push Them Away
    The Fathers role in a child’s life is becoming more and more important as our society changes.
    [>> read more about fathers’ role in their child’s life](https://familylawadvocate.com/fathers-dont-push-them-away/)

## Related topics

- Adoption
    Learn about the adoption process for incapacitated adults and minor children.
    [>> read more about adoption](https://familylawadvocate.com/adoption/)
- Unmarried families
    Learn more about Illinois statutes regarding paternity, custodial relocation, and back child support.
    [>> read more about unmarried parents and other issues](https://familylawadvocate.com/divorce/unmarried-parents/)
- Identity theft
    Victims of identity have legal recourse. Learn what you can do to protect yourself and your credit.
    [>> read more about family identity theft](https://familylawadvocate.com/articles/identity-theft/)
- Orders of protection
    When domestic violence is a concern, you can file a restraining order to protect yourself and your children from potential harm. [>> read more about getting a restraining order and protection](https://familylawadvocate.com/divorce/orders-of-protection/)
- Premarital agreements
    Discover why you need an attorney to help you file a prenup.
    [>> read more about filing premarital agreements and prenups](https://familylawadvocate.com/divorce/pre-marital-agreement/)
- Guardianships
    Learn how to appoint a guardian to a minor child or incapacitated adult.
    [ >> read more about guardianships](https://familylawadvocate.com/divorce/guardianships/)
- Divorce Tips For Introverts
    Advice for introverts going through a divorce and how to do with the process.
    [ >> read more about dealing with divorce and the process](https://familylawadvocate.com/divorce-and-introverts/)

---

### [Fathers Don't Push Them Away](https://familylawadvocate.com/fathers-dont-push-them-away/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Fathers: Don’t Push Them Away

Much of the public discussion concerning fathers these days is how to get them to be more involved in the lives of their children.  Certainly, our society drastically has changed its perception of fathers over the past two decades, now regularly changing diapers, becoming more involved in school, and otherwise engaging directly in the family home life.

Part of the reason for this change has been the changing role of mothers from the stereotypical housewife to the working mother trying to balance the needs of home and job.  By necessity, the fathers’ role needed to change.

Change is easier said than done.  Research shows that the reality continues to be that mothers continue to take on the primary role of directing childcare.  Fathers continue to report that they feel marginalized in this process, while women report that they wish the father of their children were more involved in the process.  What’s going on here?

An article in the New York Times (Nov. 3, 2009, p.C5) indicates new research at several universities, which provide insight concerning fathers.  Overall, even with the stated desire by society over the past 20 years that it is in children’s best interest to have fathers more involved, the reality is that we often unwittingly push fathers away.  Mothers, for example, often micromanage[ fathers’ interactions and dealings with their children](https://familylawadvocate.com/do-unmarried-fathers-have-parental-rights-in-illinois/) because parenting is often seen as their “turf.”  However, parents need to support each other in parenting, especially in a [divorce](https://familylawadvocate.com/divorce/ "Divorce Lawyer") situation.

### Partnership Parenting

New research reinforces what most people, instinctively, already know.  The forthcoming book by Marsha Kline Pruett (a professor at Smith College) and her husband Dr. Kyle Pruett, demonstrates that a mother’s support of the father turns out to be a critical factor in his involvement with the children (their book is called “[Partnership Parenting](https://www.amazon.com/Partnership-Parenting-Differently-Why-Strengthen-Marriage/dp/0738213268)“).  In addition, Sara S. McLanahan (a professor at Princeton University), states that the key factor is “the better the couple gets along, the better it is for the child.”  Professor McLanahan found in her Fragile Families and Child Wellbeing Study that couples who scored the highest in positive relationship traits like willingness to compromise, expressive affection or love for his or her partner, encouraging or helping partners to do things important to them, and having an absence of insults and criticism, were also the same families where the father was significantly more engaged with the children.

Although uninvolved fathers have often been accused of not living up to their responsibilities, Professor Philip A. Cowan of the University of California, Berkeley, believes the research now shows that society often sends subtle messages that fathers are less important to their children than mothers.  He has stated: “the walls in family resource centers are pink, there are women’s magazines in the waiting room, the mother’s name is on the files, and the home visitor asks for the mother if the father answers the door.”  “It’s like fathers are not there.”

Another recent study has found that, while father only parenting groups can be quite effective in helping fathers parent at a higher level, the best parenting classes involve both parents.  The research has shown that these group sessions assist parents in having less parental stress that each party is generally happier as a result and that these parents (often divorced) could figure out parenting together and be more accepting of different ways of parenting.  As Dr. Pruett has stated, fathers do not mother, they father.  “Dads tend to discipline differently, use humor more, and use play differently.  Fathers want to show kids what is going on outside of the mother’s arms, to get their kids ready for the outside world.”

---

### [Failure to Pay Child Support](https://familylawadvocate.com/divorce/child-support/failure-to-pay/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Attorneys Handling a Failure to Pay Child Support

### Determined Cook County child support attorneys serving Skokie and Chicago

Although there has been a great deal of press over the past few years about “deadbeats” and their failure to pay child support, the problem of child support enforcement continues in Illinois and nationwide. Fortunately, parents who are owed child support that has not been paid have a variety of tools at their disposal to obtain the needed support that is already owed. For parents who are behind in their support, it is also important to understand these tools that can be used. The Skokie divorce lawyers of Gordon & Perlut, LLC can help you pursue the child support your children deserve.

### Child Support Enforcement

The most common child support enforcement proceeding against a parent who fails to pay child support is a Petition for Rule to Show Cause. In this petition, parents who are owed child support request that the “obligors” show the court why they should not be held in contempt for their failure to pay. Assuming that the parent cannot show any valid reason for[ not paying child support,](https://familylawadvocate.com/how-garnishment-withholding-is-calculated-in-child-support/) the courts generally enter an order of contempt. The contempt of court can be purged (removed) if the obligor makes accelerated child support payments. The court also has the [child support enforcement](https://familylawadvocate.com/divorce/child-support-collections-chicago/ "Child Support Collections") powers to award attorney fees, and most courts are happy to oblige. However, [appeals](https://familylawadvocate.com/family-law/appeals/ "Appeals") are a possibility as part of the judicial process.

Not many defenses exist for an obligor to defend against nonpayment of [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"). If obligors become unemployed, it is their responsibility to file a motion with the court to reduce their child support obligation until they find new employment. Another common problem is when an obligor makes cash child support payments, and there is no record of these payments. Because it is the obligation of the parents who pay child support to prove that they have made the payments, it is insufficient to argue that the payments were made in cash (unless the other parent acknowledges that the payments were made).

When a court orders an obligor to make payments on past-due child support, they often order a large down payment on the balance due within a short period of time and an accelerated payment schedule on the balance. For many parents owed child support, this can be unsatisfactory and frustrating. In some cases, tens of thousands of dollars can be owed and a more immediate payment of the total amount due is desired. However, even if a court does not order a complete immediate repayment on the total amount due, parents owed the obligation of support should make sure their attorney obtains a judgment for any amounts to be repaid in the future. A Skokie [divorce lawyer](https://familylawadvocate.com/ "Home") has a wide array of legal mechanisms that can be used to enforce child support adherence.

### What If You Owe Child Support and Are Unemployed?

What about the parent who owes an obligation of support and is unemployed? Although these can be difficult situations, the individuals should make sure they: (a) have the court order that the obligor maintains a job diary, and this should be reviewed meticulously at the next court date with the judge, (b) order the obligor to participate in a government-sponsored job placement service and (c) have that parent complete a financial disclosure statement to be reviewed by the court and the attorneys involved. It is often interesting to see how unemployed persons manage to survive for months on end when they are allegedly not working at any job.

Last, an underused child support enforcement mechanism that was added to o[ur statute allows the court to suspend an obligor’s driver’s license](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/NcpServices.aspx) if there is a child support arrearage in excess of 90 days of support. We have found that this is the most useful tactic, in that it tends to compel obligors to “work a little harder” to find the money needed to pay off the child support arrears.

### Contact an experienced Skokie divorce lawyer to help you

For more information about options to obtain child support for your children, contact Chicago divorce attorney M. Scott Gordon [online](https://familylawadvocate.com/contact-us/ "Contact Us") or at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  or ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250. Our firm serves Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the Cook County area.

---

### [Orders of Protection](https://familylawadvocate.com/articles/orders-of-protection/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# Filing Orders of Protection in Chicago

There is widespread confusion about “orders of protection” and what our courts have the power to order. First, it should be remembered that not too many years ago, our courts had limited power or desire to get involved in many situations in which there are allegations of violence or abuse. Also, most local police departments would not respond to [domestic violence](https://familylawadvocate.com/domestic-violence-divorce-and-your-options/) calls, because it was considered a “family problem.” Couples were to work it out amongst themselves, and abuse of the elderly was not even recognized. The problem was that nobody wanted to speak of this “private” violence, which is why statistics of domestic abuse are soaring, while abuse may be up, the reason for the upturn is rooted in an increased willingness to report and monitor the problem.

In 1986, our state passed the [Illinois Domestic Violence Act of 1986](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59) (the “Act”). It allows a person (like a spouse) immediately to go into Court and obtain an [Order of Protection](https://familylawadvocate.com/divorce/orders-of-protection/ "Order of Protection"). The petition filed can be with or without notice to the other party, and the Judge can issue an Order right away. If the other party is not given notice, an Order of Protection will be issued if the judge believes that the harm alleged would be likely to occur if the notice were given. Here’s how it works.

What is covered by the Act? Essentially, it is the “abuse” of a “family or household member” by anyone in that household, or in a home or shelter where a family is housed. Our courts do include in the definition, people who or were in an intimate relationship with the other party, such as girlfriends/boyfriends, former spouses, etc. In addition, the Act protects “high-risk adults” with disabilities, who can be anyone more than 18 that has a physical or mental problem that prevents him or her from seeking and obtaining protection.

## What is “abuse” in the eyes of the law? “Abuse” can be:

- Physical abuse. This is where one knowingly or recklessly uses force, restraint, sleep deprivation or, “conduct that creates the imminent risk of harm.” In many ways, this is the easiest type of abuse to understand.
- Harassment. Conduct that has no purpose but to cause emotional distress. Actions included in this category are: creating a disturbance at a person’s school or work; repeated telephone calls to someone at work or their home; “stalking”; improperly concealing or repeatedly threatening to conceal a minor child or to take that minor to another state; or threatening physical violence, force or restraint.
- Intimidation of a dependent. Persons who are dependent due to age, health, or disability, and who are subjected to or witness, “physical abuse,” are covered by the Act, even if they are not a family or household member.
- Willful deprivation. Willfully denying a person who, due to age, health, or disability, requires medication, medical care, shelter, food, and other essentials.
- Interference with personal liberty. Engaging in or threatening physical abuse, harassment, intimidation, or willful deprivation, which causes another person to do (or not do) something which they want (or do not want) to do.

The Act is useful. Many people hesitate to go to an attorney and the courts for help because they believe it will be a long process until any help is provided. This is unfortunate because one of the most useful features of the Act is that it is quick and easy to initiate, and yields immediate results. For example, “Mary” recently telephoned my office after her husband had pointed a loaded gun at her head, threatened to kill her, and held her captive in her own home. Eventually, he put the gun away and she called the police, who searched the house after he denied having a gun. The weapon was found (loaded) and the husband was arrested. The first lesson of this episode is that the police do respond to domestic violence calls, and take them quite seriously.

However, while Mary made the best decision to call the police first, the police can only remedy the immediate problem. Eventually, her husband came home and she felt rightfully insecure for herself and her children. What can she do now?

## What are the mechanics of asking for an Order of Protection?

Mary’s next step was to call an attorney who assisted her in filing an Emergency Petition with the Court for an Order of Protection (an “Order”). Since it was filed as an emergency, the Court could hear it immediately. If Mary meets one of the criteria for an Order (which she certainly does), the Court will grant an Order of Protection ex parte, which means that the Order was entered without her husband having notice. The sheriff then makes service of the Order a top priority, as required by the statute. Once Mary’s husband receives notice of the Order, he cannot enter the home or have any contact with Mary or the children until the next Court date.

The second Court appearance is in no more than 21 days, at which date a hearing on the Petition is scheduled. At this point, Mary’s husband is given an opportunity to respond to the charges made against him. If he is unable to rebut the charges (or fails to come to court), the Court will then issue an Order of Protection which can last up to 2 years (and can be extended if necessary).

## What “Protection” is a victim given by the Court Order?

Specifically, the Court has the power to enter an Order that accomplishes one or more of the following:

- prohibit “abuse” or “neglect” of a person or the exploitation of a disabled adult (example: misuse of the adult’s assets);
- grant exclusive possession of the parties’ residence;
- prohibit the offender from contacting the victim;
- physical care of any minor children;
- visitation with the minor children (if any);
- exclusive possession of personal property;
- prohibit firearm possession;
- order payment to the victim for any losses or expenses (including attorney’s fees); and
- other remedies.

The most frequent question I am asked by my clients is whether they can get exclusive possession of their residence. The answer is fact-specific because the Act requires the judge hearing the Petition to, “balance the hardships” between the parties. The court looks to the hardship for the victim, the alleged abuser, any minor children, and any dependent adults in the household and how the granting of exclusive possession will impact each. Exclusive possession, “is presumed to favor” the victim, and this is a real advantage when this remedy is sought.

Of course, once an Order of Protection is entered, there is no guarantee that the abuser will not violate it; the police are immediately notified of the Order, but guards are not placed outside the victim’s home. However, there are two things to keep in mind. One, the Act recognizes that some victims are in hiding, and the Court will accommodate this wish and not reveal a victim’s whereabouts. Two, violation of the Order is considered contempt of Court and can, in certain circumstances, be a crime. This provides substantial teeth to the law and acts as a deterrent in most cases.

Many victims of domestic abuse are either unaware of the legal remedies at their disposal or do not trust the court system enough to use it. This is unfortunate, as many of these perceptions are rooted in the past and are no longer founded.

## Our Attorneys are here to help protect you

For more information about how to file an order of protection, email our [Chicago Divorce Attorneys](https://familylawadvocate.com/divorce/) or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)(312) 360-0250  or our Skokie office at 847.329.0101  to help you with your case.

---

### [Dependent Exemptions](https://familylawadvocate.com/divorce/dependent-exemptions/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Attorneys Well-Versed in Dependent Exemptions

### Helping you determine if you can claim your child on your taxes

Many clients are confused regarding how dependency exemptions may be claimed for income tax purposes.

Parents receiving child support often assume they can claim the exemption, while parents who pay child support believe they are entitled to the exemption. Federal law states that custodial parents are entitled to claim the dependent exemptions unless they sign a written statement that they are not going to claim the exemption. In other words, if your divorce or Custody Judgment (now known as Allocation Judgment) is silent on the issue, the custodial parent is automatically entitled to claim the dependent exemptions because there is no signed waiver. However, many judgments incorporate settlement agreements assigning the exemption in some (or all) years to the non-custodial parent, and this is proper and acceptable for the IRS. In order to avoid a dispute in the future, it is best to make sure your Judgment addresses who can claim your children and when.

Illinois courts can also order a custodial parent to sign a declaration that they are not going to claim the dependent exemptions and thus effectively assign it to the non-custodial parent. These determinations are subject to the appeals process.

The dependent exemptions are often raised in [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process") settlement negotiations. How much is it worth to each party? That, of course, depends. One way to determine its value in “hard numbers” is to ask your accountant or [Cook County divorce lawyer](https://familylawadvocate.com/tips-for-finding-the-best-divorce-lawyers-in-chicago/) (if the attorney has the right tax software program) to calculate the value for each party based upon their respective incomes.

### Let an experienced attorney help you determine what’s best for your family

[Email](https://familylawadvocate.com/contact-us/ "Contact Us") our divorce attorneys at Gordon & Perlut, LLC, or call our Chicago office at  312.360.0250 or our Skokie office at  847.329.0101.

---

### [Property Division](https://familylawadvocate.com/divorce/property-division/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

## Capable Chicago & Skokie Divorce Attorneys Managing Property Division

### Talented Illinois asset and property division attorneys

Courts in Illinois have the power and authority under the Illinois Marriage and Dissolution of Marriage Act to divide marital property “equitably.” The Cook County divorce attorneys of Gordon & Perlut can explain whether property is marital or non-marital, whether non-marital property was converted into marital property, and whether the court may order any reimbursement in the marital and non-marital estates or contributions from one to the other.

## Distinction between marital and non-marital property

All property acquired during the marriage is marital property, except in specific circumstances, which are listed below, and should be divided by the court “equitably.” The term “equitable” is not the same as “equal.” Our courts have broad discretion in dividing marital property, and they have not hesitated to divide that property on an unequal basis where the facts make such a division seem appropriate. In making these decisions, courts and attorneys are guided by case law and [Section 503 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm#:~:text=503.,Disposition%20of%20property%20and%20debts.&text=(b)(1)%20For%20purposes,marriage%20is%20presumed%20marital%20property.). Section 503 states specifically that marital property shall be divided “without regard to marital misconduct in just proportions.” Many people mistakenly believe that the non-financial misconduct of their spouse during the marriage affects how property is distributed, but the law instructs judges not to consider marital misconduct when dividing marital property. To better understand the actual effects of marital misconduct on a divorce proceeding, consult our experienced Cook County [divorce attorneys](https://familylawadvocate.com/divorce/ "Home").

### Dividing Property in an Equitable Manner

What do judges consider when deciding how to divide marital property, such as the [marital residence](https://familylawadvocate.com/divorce/marital-residence/ "Marital Residence"), in an “equitable manner”? Factors include (a) duration of the marriage, (b) relevant economic circumstances of each party, (c) age, health, station, occupation, income, skills/employability, non-marital assets and needs of each party, (d) division of property, including the marital residence, in addition to any maintenance, or in lieu of maintenance, (e) reasonable opportunity of each party for future acquisition of assets and income, and (f) the tax consequences of the property division for each party. Our Cook County divorce attorneys can help you achieve a fair division of property in divorce. We can also help you understand how certain circumstances and events, such as a [legal separation](https://familylawadvocate.com/divorce/legal-separation/ "Legal Separation"), affect the status of marital property. Our firm can explore with you alternative options such as divorce mediation.

A court has the power to determine if a spouse has dissipated any property. Broadly speaking, dissipation means that one party spent marital assets on purposes “unrelated to the marriage.” The most obvious example of dissipation is when one party spends marital assets on a new girlfriend or boyfriend. However, the concept of dissipation is much broader and is designed to protect the innocent spouse from the wasteful spending of the other spouse.

### Non-marital Property

What is non-marital property? It is property (a) acquired by gift or inheritance, (b) acquired in exchange for property obtained before the marriage by gift or inheritance, (c) acquired after a judgment for [legal separation,](https://familylawadvocate.com/is-it-a-good-idea-to-file-for-legal-separation-in-illinois/) (d) excluded by valid agreement of the parties, (e) acquired before the marriage, (f) acquired by judgment from one party to the other. The increase in value of these properties is also non-marital, although contributions of marital assets must be reimbursed.

In addition, non-marital property can be converted into marital property. For example, a home acquired by one spouse before marriage is generally non-marital. However, that status can be changed to marital property if the spouse later puts the title under both spouses’ names. Property division issues may be settled through Chicago [divorce mediation](https://familylawadvocate.com/family-law/mediation/ "Mediation"). A Cook County divorce attorney can help you explore alternatives to a court-determined division of property.

### Do you need a Cook County divorce attorney to help with your division of property matters?

Contact the Chicago divorce attorneys of Gordon & Perlut, LLC online or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  or our Skokie office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  today. We serve Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the Cook County area.

---

### [Child Support Failure](https://familylawadvocate.com/articles/child-support-failure/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Failure to Pay Child Support in Chicago

Although there has been a large amount of press over the past few years about “deadbeats” who fail to pay their child support, the problem of unpaid child support continues in Illinois and nationwide. Fortunately, parents owed child support that has not been paid have a variety of tools at his or her disposal to obtain the needed support that is already owed. For parents behind in their support, it is also important to understand these tools that can be used.

The most common proceeding against a parent who [fails to pay his or her child support](https://familylawadvocate.com/divorce/child-support/failure-to-pay/ "Child Support Failure") is a Petition for Rule to Show Cause. In this petition, the parent who is owed support requests that the “obligor” show the court why he or she should not be held in contempt for their failure to pay child support. Assuming that the parent cannot show any reason why they have not been paying child support, our [courts will generally enter an order of contempt](https://familylawadvocate.com/how-to-avoid-contempt-of-court-charges-for-child-support/). The contempt of court can be purged (removed) by the obligor making accelerated child support payments. The court also has the power to award attorney’s fees and most courts are happy to oblige.

### Few Defenses For Nonpayment Of Child Support

There are not many defenses for an obligor to defend against nonpayment of child support. If an obligor became unemployed it was his or her obligation to file a motion with the court to reduce their child support obligation until they found new employment. Another common problem is where an obligor made cash child support payments, and there is no record of these payments. Because it is the obligation of the parent who pays child support to prove that he or she has made the payments, it is insufficient to argue that the payments were made in cash (unless the other parent acknowledges that the payments were made).

When a court orders an obligor to make [payments on past due child support](https://familylawadvocate.com/how-long-do-i-have-to-keep-paying-child-support-arrears/), they will often order a large down payment on the balance due within a short period of time and an accelerated payment schedule on the balance. For many parents who are owed child support, this can be unsatisfactory and frustrating. In some cases, tens of thousands of dollars can be owed and a more immediate payment of the total amount due is desired. Yet even if a court does not order a complete immediate repayment on the total amount due, the parent who is owed the obligation of support should make sure their attorney obtains a judgment for any amounts that are to be repaid in the future. Attorneys have a wide array of legal mechanisms at their disposal to enforce a judgment, and these should be used.

### What If The Parent Owing Child Support Is Unemployed?

What about the parent who owes an obligation of support and is unemployed? Although these can be difficult situations, a party should make sure they: (a) have the court order that the obligor maintain a job diary, and this should be reviewed meticulously at the next court date with the judge, (b) order the obligor to participate in a government-sponsored job placement service, and (c) have that parent complete a financial disclosure statement to be reviewed by the court and the attorneys involved (it is often interesting to see how unemployed persons manage to survive for months on end when they are allegedly not working at any job).

Last, an underused mechanism that was added to our statute allows the court to[ suspend an obligor’s driver’s license](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/NcpServices.aspx) if there is a child support arrearage in excess of 90 days of support. We have found that this is the most useful tactic, in that it tends to compel obligors to “work a little harder” to find the money needed to pay off the child support arrears.

## Contact an experienced Attorney to help you

For more information about options to obtain child support for your children, contact Chicago Divorce Attorney M. Scott Gorden at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101

---

### [Steps for Filing Divorce](https://familylawadvocate.com/divorce/steps-for-filing-divorce/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Family Law Attorneys Explain the Steps for Filing Divorce in Illinois

### Divorce Lawyers Serving Skokie and Cook County

The process of filing for divorce can be emotionally difficult and legally challenging. The professional [divorce attorneys](https://familylawadvocate.com/divorce/) of M. Scott Gordon and Associates have the legal background and the sympathetic approach carefully to guide you through the daunting process of seeking a divorce.

There are a number of steps for filing a divorce in Illinois. Each step has a set of important legal actions that must be taken for your case to successfully progress. Your[ Skokie divorce lawyer ](https://familylawadvocate.com/why-fathers-need-divorce-lawyers-for-men/)can explain each of the following steps in further detail:

- **Filing a Petition** — The divorce process begins when the party seeking the divorce files a Petition for Dissolution of Marriage. The petition itself is short but must be properly formatted and contain certain important basic information about you, your spouse, and your children. It must also state grounds for divorce — whether your divorce is [fault or no-fault](https://familylawadvocate.com/divorce/fault-no-fault/). When meeting with your [divorce lawyer](https://familylawadvocate.com/meeting-with-your-divorce-attorney/ "Divorce Advice – Your First Meeting With a Divorce Attorney"), you can discuss the grounds for your divorce and decide which you should state in your petition. At this early stage, you might also consider pursuing a [legal separation](https://familylawadvocate.com/divorce/legal-separation/ "Legal Separation").
- **Service of Process** — The Respondent to your petition — your spouse — must be served with a copy of the petition and a summons to appear in court. Your divorce attorney can advise you on the best approach to ensuring this legal requirement is met.
- **Response** — The spouse who has been served with a petition has 30 days to respond. If he or she does not respond, the court may grant the divorce upon your request for a default judgment.
- **The investigative stage** — The process of assessing, investigating, and sharing information on the assets at issue in the marriage usually takes place after the response, all with assistance from your [Cook County](https://en.wikipedia.org/wiki/Cook_County,_Illinois) divorce attorney. This stage includes the possibility of settlement negotiations on the outstanding issues between the parties. The spouses are required to attend monthly status hearings to inform the court of the progress of the case.
- **Pretrial conference** — If the spouses have not reached a settlement amongst themselves, they must submit the issues at dispute to a judge at a pretrial conference. The judge issues non-binding recommendations.
- **Trial** — If the spouses still cannot reach an agreement, there is a trial and the judge enters a final judgment on the outstanding issues.

## Here for you every step of the way

Each client’s circumstances are unique and not all of the steps we’ve listed here may be relevant to your divorce. Nonetheless, whatever your situation, our thorough divorce attorneys work hard to get you the most advantageous result with the least amount of stress. This may involve a settlement rather than a trial, or it may involve us presenting your case before a judge.

### Our Cook County divorce attorneys help you navigate a complex process

Divorce is a complicated legal and emotional issue. Let the attorneys of Gordon & Perlut carry the burden of the legal process so that you can move on with your life. [Contact us today through our online form](https://familylawadvocate.com/contact-us/) or call us at 847.329.0101. Our family law firm serves Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the Cook County area.

---

### [Divorce Advice | Your First Meeting with a Divorce Attorney](https://familylawadvocate.com/meeting-with-your-divorce-attorney/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

### What to expect from your initial divorce consultation

Planning to meet with a divorce lawyer for the first time can be stressful. It brings reality to your situation and may stir up your already volatile emotions. Gordon & Perlut, LLC believes preparing yourself for your initial consultation enables you to get the most out of meeting with a divorce attorney.

Your consultation is very much like a job interview. You are looking for a professional divorce attorney with the qualifications required for your situation, and you should not accept any candidate not ideal.

Let the attorney guide the conversation, at first. Your background information is needed before you can explain your needs and concerns. Your attorney should be able to direct the conversation and at the same time, make you feel comfortable.

It is important to show your divorce attorney that you are prepared for your meeting. If you were sent a questionnaire, bring a completed copy with you, even if you already returned it. Bring a notepad or laptop to record your thoughts and the answers to your questions.

## Our divorce advice – be honest

You should share all relevant information when you meet with a divorce lawyer, even if you do not hire that attorney. Attorney-client privilege protects your information, and a lawyer cannot use it against your interests.

To provide the [divorce](https://familylawadvocate.com/ "Home") help that you need, an attorney must know the facts as soon as possible.  Surprises can be disconcerting and prevent the attorney from providing the best representation.  Be completely honest, and let your lawyer decide what to use in your favor.

## Discussing the divorce process

A divorce attorney who takes on your case should attempt to educate you about the process.  Relay your thoughts about the situation honestly, and try to keep your emotions from affecting the information you provide. There are many issues that need to be sorted out, such as [parenting time, child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody"), [property division](https://familylawadvocate.com/divorce/property-division/ "Property Division"), and [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"). Providing full and accurate information allows the attorney to make the best assessment of your situation going forward.

When filing for [divorce in the Chicago area](https://familylawadvocate.com/how-is-property-division-handled-in-a-chicago-area-divorce/), you may be asked to consider alternative dispute resolution methods.  Mediation and collaborative law practices have grown in popularity because they provide the following benefits:

| - Speed - Decreased costs - Reduced stress | - Improved communication - Creative solutions - Promotion of honesty |
|---|---|

### When you need trusted divorce help

When you come prepared for your meeting with a divorce lawyer at Gordon & Perlut, LLC, we can advise you with confidence.  Contact our Chicago divorce lawyers [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our [Skokie](https://www.skokie.org/) office.

---

### [Removal of Children](https://familylawadvocate.com/articles/children-removal-from-illinois/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Removal of Children from Illinois

For a parent who is (or was) married to the other parent of a child, a court in Illinois must grant permission to remove that child permanently from the state. Section 609 of the Illinois Marriage and Dissolution Of Marriage Act guides the court, and a parent may seek to remove a child from the state both during a divorce or afterward. It should be noted that, although many sections of the Illinois Marriage and Dissolution of Marriage Act apply to unmarried couples, our courts have ruled that section 609 does not apply in cases involving unmarried parents. This is a very important consideration in custody cases involving such unmarried parents. Please see our articles regarding custody and paternity.

[Section 609 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm#:~:text=609.2.,Parent's%20relocation.&text=The%20court%20shall%20modify%20the,in%20the%20child's%20best%20interests.) states that:

- 609 (a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interest of such child or children. The burden of proving that such removal is in the best interest of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.

Beyond the specific language of the statute, courts in Illinois have developed specific guidelines to assist them in determining if a parent should be granted permission to [remove a child](https://familylawadvocate.com/divorce/children-removal-illinois/ "Removal Of Children") from the state of Illinois. Such considerations include:

- The likelihood that the move will enhance the general quality of life for both the custodial parent and the children;
- The motives of the custodial parent in seeking to move (is it to frustrate visitation?);
- The motives of the non-custodial parent in opposing the removal;
- Visitation is very important and is in the best interest of the children: can it reasonably be preserved after a removal?

## Ask an experienced child custody attorney for guidance

For any parent who desires to seek court [approval to remove his or her child](https://familylawadvocate.com/what-is-required-to-get-approved-to-relocate-with-my-child-in-illinois/) from the state, it is important to seek the advice and assistance of an attorney to help in the planning of such a move. As can be seen from the guidelines listed above, our courts pay special attention to the motivations and forethought put into such a move by the parent as well as its effect on the child.

Email a Divorce Attorney in Chicago at the Gordon & Perlut, LLC family law firm for more information or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie Office at 847.329.0101.

---

### [Relocation of Children](https://familylawadvocate.com/divorce/children-removal-illinois/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Illinois Child Relocation – Child Custody Attorneys Protecting Your Parental Rights

### Trusted child relocation and custody law firm

For a parent who is (or was) married to the other parent of a child, a court in Illinois must grant permission to relocate that child more than 25 miles (50 miles if you live outside of Cook, DuPage, Lake, Kane, Will or McHenry County). The Cook County child custody attorneys of Gordon & Perlut, LLC can help you sort out the difficult legal aspects of a proposed child relocation and protect the best interests of you and your children.

[Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm#:~:text=609.2.,Parent's%20relocation.&text=The%20court%20shall%20modify%20the,in%20the%20child's%20best%20interests.) guides the court, and a parent may seek to relocate a child more than 25 miles both during a [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process") or afterward. Section 600(g) of the Illinois Marriage and Dissolution of Marriage Act defines relocation as:

A change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence or a change in a residence which is outside of the borders of Illinois and is more than 25 miles from the child’s current primary residence. *750 ILCS 5/600(g)*

### Your divorce attorney can help you get a better grasp of how the statute may apply to your individual circumstances

Beyond the specific language of the statute, courts in Illinois have developed specific guidelines to assist them in determining if a parent with the majority of the parenting time should be granted permission for child relocation more than 25 miles. Such considerations include:

“(1)      The circumstances and reasons for the intended relocation ;
(2)        The reasons, if any, why a parent is objecting to the intended relocation;
(3)        The history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to substantially failed or refused to exercise the parental responsibilities allocation to him or her under the parenting plan or allocation judgment;
(4)        the educational opportunities for the child at the existing location and at the proposed new location;
(5)        the presence or absence of extended family at the existing location and at the proposed new location;
(6)        the anticipated impact of the relocation on the child;
(7)        whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
(8)        the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;
(9)        possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child;
(10)      minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and
(11)      any other relevant factors bearing on the child’s best interest.”  *750 ILCS 5/609.2(g)*

[Orders of Protection ](https://familylawadvocate.com/divorce/orders-of-protection/ "Orders of Protection")may also pose a factor in the court’s consideration of the move as they may speak to the best interests of the children in terms of providing distance between the custodial parent and the parent subject to the order.

### Ask an experienced child custody attorney for guidance in your relocation case

For any parents who desire to seek court [approval to relocate](https://familylawadvocate.com/what-is-required-to-get-approved-to-relocate-with-my-child-in-illinois/) their children more than 25 miles from their current residence, it is important to seek the advice and assistance of an attorney to help in the planning of such a move. As can be seen from the guidelines listed above, our courts pay special attention to the motivations and forethought put into such a move by the parent as well as its effect on the child.

[Email](https://familylawadvocate.com/contact-us/ "Contact Us") a divorce attorney at Gordon & Perlut, LLC family law firm for more information, or call our Chicago office at  312.360.0250 or our Skokie office at  847.329.0101.

---

### [Divorce Overview | Understanding How To File For Divorce](https://familylawadvocate.com/divorce/information/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

## Divorce Overview from Gordon & Perlut, LLC

### Helping Cook and Lake County Divorce clients for over 15 years

Divorce is a legal process. It formally dissolves marital bonds and in most cases, follows the same basic pattern. A Judge may skip some proceedings, such as [divorce mediation](https://familylawadvocate.com/why-everyone-considering-divorce-should-want-divorce-mediation/) if the case is not likely to benefit from them, but most of the process is straightforward. Our skilled Chicago divorce attorneys can help you navigate the divorce process and work towards a suitable resolution to any contention.

[Illinois Divorce law](https://statelaws.findlaw.com/illinois-law/illinois-legal-requirements-for-divorce.html) requires that one spouse is either a resident of the state of Illinois or was stationed in the state for military duty for at least 90 days prior to filing for divorce. In Cook and Lake County one spouse, not necessarily the one who files, must reside within the county lines where the divorce is filed in. Note that you have the option of a[ legal separation](https://familylawadvocate.com/divorce/legal-separation/) before seeking a divorce.

## Understanding how to file for Divorce![How to file for Divorce](https://familylawadvocate.com/wp-content/uploads/2016/09/shapes.jpg "How to file for Divorce")

The process begins when one spouse files a petition with the clerk of the circuit court requesting the dissolution of the marriage. In some cases, certain legal proceedings may have already taken place, such as hearings over an order of protection and related child guardianship decisions. The clerk then issues documents informing the respondent spouse of the proceedings. The respondent spouse can reply and dispute the cause of the divorce or any information the filing contains.

The respondent spouse has a limited time to reply. If the deadline is missed, the judge may proceed with the case as an uncontested divorce. An uncontested divorce does not require the court to make any decisions about marital issues.

If the respondent replies to the divorce papers and disputes any information, it is considered to be a [contested divorce](https://familylawadvocate.com/family-law/courtroom-advocacy/ "Contested Divorce").

All decisions made in a Divorce Proceeding also can be subject to an [appeals process.](https://familylawadvocate.com/family-law/appeals)

## ![Chicago Divorce Information](https://familylawadvocate.com/wp-content/uploads/2016/09/cake.jpg "Chicago Divorce Information")Discuss your Divorce concerns with one of our skilled attorneys

Gordon & Perlut, LLC puts our experience and skills to work by promoting a strategy tailored to your case. We work tirelessly toward a favorable outcome that is in your family’s best interest. We have two convenient locations in Skokie and Chicago but service all counties within the greater Chicagoland area.

We offer a no-cost phone consultation to discuss your case, as well as convenient locations when we meet for review. Speak with a compassionate Divorce and Family attorney today by phone at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847-329-0101  or use our [quick contact form](https://familylawadvocate.com/contact-us/). Contact the Law Office of Gordon & Perlut, LLC today.

---

### [Divorce Lawyer for Women – Morton Grove](https://familylawadvocate.com/divorce/morton-grove-divorce-lawyer-for-women/)

**Published:** May 5, 2017
**Author:** familylawadvocate

**Content:**

Divorce can be one of the most challenging, emotionally-charged times of your life. You may have to work with your husband, even go to court against him, to make tough decisions pertaining to [child support](https://familylawadvocate.com/divorce/child-support/), assignment of parental responsibilities, [property](https://familylawadvocate.com/divorce/property-division/) and debt division, [maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/), and other legal issues.

At Gordon & Perlut, LLC, our experienced and knowledgeable attorneys are well-versed in the latest [Illinois laws and regulations](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) and know how to provide legal counsel to clients at different stages of the divorce process. We have been helping women for more than 20 years to fight for their rights and protect their interests. We focus on your personal needs and work closely to overcome the challenges you may face during the process.

## How our Morton Grove Divorce Lawyers help Women in Illinois

Gordon & Perlut, LLC concentrates on advocating for women. When you schedule an initial consultation with one of our [Morton Grove divorce lawyers](https://familylawadvocate.com/family-law-attorney-morton-grove-il/), we sit with you to learn about the specific circumstances related to your case to develop a full understanding of what you wish to achieve through our legal assistance. Once we know about your situation, we devise a tailored legal strategy that is in line with your goals.

We understand that the outcome of your divorce will determine the direction of your life moving forward. That is why we strive to accomplish the most suitable results for your case and protect your rights to the best of our capabilities. We encourage our clients to resolve the legal issues through collaboration and mediation to[ reduce the stress and costs associated with the divorce process](https://familylawadvocate.com/how-to-keep-your-divorce-costs-from-escalating/). However, if both the parties fail to reach a common ground in a majority of the divorce aspects, we prepare to take the case to the court and fight on our client’s behalf through effective litigation.

## Our Morton Grove Lawyers are Dedicated to Protecting your Family and Rights

The divorce attorneys at Gordon & Perlut, LLC know how important your children are for you. We gather solid evidence to support your claim on your children and negotiate better terms for your parenting plan.

Moreover, we are experienced and skilled in representing women for issues such as maintenance or alimony, especially when your husband is the breadwinner in your household. Our aim is to secure the maximum amount to help you easily move ahead after the divorce has been finalized. We ensure you are awarded alimony that allows you to maintain the lifestyle you had during your marriage.

## Talk to a Women Divorce Lawyer in Morton Grove, IL Today

The divorce attorneys at Gordon & Perlut, LLC have extensive experience in handling both [contested and uncontested divorce](https://familylawadvocate.com/divorce/fault-no-fault/). If you are thinking of filing for divorce, you may be confused and have many questions related to your particular situation. You do not need to worry as we can answer any and all your queries and concerns and help you understand the entire divorce process.

[Contact](https://familylawadvocate.com/contact-us/) the Law Office of Gordon & Perlut, LLC today at 847-329-0101/ 312-360-0250 or use our online form to schedule an initial consultation and discuss your case with one of our Morton Grove divorce attorneys for women. We have offices in Chicago and Skokie, Illinois.

---

### [Articles](https://familylawadvocate.com/articles/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Family Law & Divorce Legal Reference Articles

### Knowledgeable Cook County attorneys helping you understand the law

For your reference, the Cook County divorce attorneys of M. Scott Gordon & Associates have provided articles for you to review to understand better your legal situation.  Please be aware that these articles are for general information only and should not be relied upon over your lawyer’s advice.  For guidance related to your case, call the offices of Gordon & Perlut, LLC to speak to an experienced [Skokie divorce lawyer and mediator](https://familylawadvocate.com/why-everyone-considering-divorce-should-want-divorce-mediation/).

Call today: ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101

## Helpful resolution alternatives from understanding attorneys

- **[Litigation and courtroom advocacy](https://familylawadvocate.com/courtroom-advocacy/ "Courtroom Advocacy") —** Discover how litigation works and how we can help.
- **[Mediation](https://familylawadvocate.com/divorce/mediation-alternatives/ "Mediation and Alternatives") **—**** Discover the advantages mediation has over courtroom litigation.
- **[Mediation, collaborative law and conflict resolution](https://familylawadvocate.com/articles/mediation/ "Mediation") ****—****** Learn more about our Cook County divorce attorneys’ qualifications in these specialty areas.
- **[Appeals](https://familylawadvocate.com/articles/appeals/ "Appeals") ******—******** Discover how to file an appeal in Illinois.

## Coping with the complications of matrimonial law

- **[Steps for filing for divorce](https://familylawadvocate.com/steps-for-filing-divorce/ "Steps for Filing Divorce") ******—******** Understanding the basics of the divorce process.
- **[Fault and no-fault divorce](https://familylawadvocate.com/articles/divorce-fault-no-fault/ "Divorce – Fault vs. No Fault") ******—******** Explore the differences between fault and no-fault divorce.
- **[Legal separation versus divorce](https://familylawadvocate.com/legal-separation-vs-divorce/ "Legal Separation Vs Divorce")**— What you need to know about your options when your marriage breaks down.
- **[Legal separation](https://familylawadvocate.com/articles/legal-separation/ "Legal Seperation") ******—******** Illinois statutes entitle you to certain legal rights and remedies.
- **[Making it through a divorce](https://familylawadvocate.com/making-it-through-a-divorce/ "Tips on Making it Through a Difficult Divorce")**— Gain valuable divorce advice from our seasoned Cook County divorce attorneys.
- **[Most common reasons for divorce](https://familylawadvocate.com/most-common-reasons-for-divorce/ "The Most Common Reasons For Divorce") —** A discussion of the circumstances leading to marital breakdown.
- **[Effect of Divorce on Children](https://familylawadvocate.com/children-and-divorce/ "The Effect of Divorce on Children") —** Helpful divorce tips for dealing with the impact of divorce on your family.
- **[Meeting with Your Divorce Attorney](https://familylawadvocate.com/meeting-with-your-divorce-attorney/ "Divorce Advice – Your First Meeting With a Divorce Attorney") —** What you should know before your first consultation.
- **[Impact of Divorce on Credit](https://familylawadvocate.com/divorce-and-credit/ "How Does a Divorce Impact Your Credit?") —** Valuable information about how a divorce can affect your financial future.

## Explaining your financial issues in divorce

- **[Division of property](https://familylawadvocate.com/articles/property-division/ "Property Division") —** Discover what equitable distribution really means in a court of law.
- **[Marital residence](https://familylawadvocate.com/articles/marital-residence/ "Marital Residence") —** Did you know that you are legally entitled to remain in a household after you file for divorce?
- **[Child support](https://familylawadvocate.com/articles/child-support/ "Child Support") **—**** Discover how the court awards child support in Illinois.
- **[Maintenance](https://familylawadvocate.com/articles/spousal-maintenance/ "Spousal Maintenance") **—**** Discover the criteria used to measure alimony on a permanent or temporary basis.
- **[Failure to pay child support](https://familylawadvocate.com/articles/child-support-failure/ "Child Support Failure") **—**** Discover what you can do about non-payment of child support.
- **[Child support collections](https://familylawadvocate.com/articles/child-support-collections/ "Child Support Collections") **—**** What parents need to know about direct payments and payments through the SDU.
- **[College expenses](https://familylawadvocate.com/articles/college-expenses/ "College Expenses") **—**** Discover how a court distributes the obligations for your child’s college education.

## Protecting your parental rights

- **[Custody](https://familylawadvocate.com/articles/child-custody/ "Child Custody") **—**** Learn how courts decide whether to grant sole or joint custody.
- **[Visitation](https://familylawadvocate.com/articles/visitation/ "Visitation") **—**** Discover how the courts make decisions about granting visitation to non-custodial parents and relatives.
- **[Grandparent visitation](https://familylawadvocate.com/articles/grandparent-visitation/ "Grandparent Visitation") **—**** Discover more about your legal rights as a grandparent.
- **[Removal of children from Illinois](https://familylawadvocate.com/articles/children-removal-from-illinois/ "Removal of Children") **—**** Our Cook County divorce attorneys outline the rights of non-custodial parents when a custodial parent is about to relocate to another state.
- **[Dependent exemptions](https://familylawadvocate.com/articles/dependent-exemptions/ "Dependent Exemptions") **—**** Income tax exemptions for children are reserved for custodial parents unless the parent gives up that right in writing.
- **[Fathers: Don’t Push Your Kids Away](https://familylawadvocate.com/fathers-dont-push-them-away/ "Fathers Dont Push Them Away") **—**** The father’s role in a child’s life is becoming more and more important as our society changes.

## Assistance on related family law topics

- **[Adoption](https://familylawadvocate.com/articles/adoption/ "Adoption") **—**** Learn about the adoption process for incapacitated adults and minor children.
- **[Unmarried families](https://familylawadvocate.com/articles/unmarried-parents/ "Unmarried Parents") **—**** Learn more about Illinois statutes regarding paternity, custodial relocation, and back child support.
- **[Identity theft](https://familylawadvocate.com/articles/identity-theft/ "Identity Theft") **—**** Victims of identity theft have legal recourse. Discover what you can do to protect yourself and your credit.
- **[Orders of protection](https://familylawadvocate.com/articles/orders-of-protection/ "Orders of Protection") **—**** When domestic violence is a concern, you can file a restraining order to protect yourself and your children from potential harm.
- **[Premarital agreements](https://familylawadvocate.com/articles/pre-marital-agreement/ "Pre-marital Agreement") **—**** Discover why you need an attorney to help you file a prenuptial agreement.
- **[Guardianships](https://familylawadvocate.com/articles/guardianships/ "Guardianships") **—**** Learn how to appoint a guardian to a minor child or incapacitated adult.
- **[Divorce Tips For Introverts](https://familylawadvocate.com/divorce-and-introverts/ "Divorce Tips for Introverts") **—**** Advice for introverts going through a divorce and how to deal with the process.

### Our attorneys are well versed in Skokie family law solutions

Contact Gordon & Perlut, LLC for a comprehensive approach to solving your family law matter. Our knowledge and compassion can see you through your difficult case. Contact an understanding Skokie divorce attorney through our [online form](https://familylawadvocate.com/contact-us/ "Contact Us") or call us at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101. We serve Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the [Cook County](https://www.cookcountyil.gov/) area

---

### [Divorce - Fault Vs. No Fault Divorce](https://familylawadvocate.com/articles/divorce-fault-no-fault/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Fault & No-Fault Divorce

Illinois courts gain jurisdiction, or power over the divorce if one party has resided in the state of Illinois for at least 90 days. Many issues need to be decided in a divorce, and this article is only regarding how the court dissolves the marriage.

In 1977, the Illinois legislature rewrote the divorce laws in our state. The statute, which was eventually adopted and is still with us today, is known as the Illinois Marriage and Dissolution of Marriage Act.

All states in our country have “no-fault” divorce. Illinois is a bit unusual in that compared to other states, it has both fault and no-fault divorce. In order for a court to grant a divorce (known in Illinois as a “Dissolution of Marriage”), the court must make a finding that there is either (a) fault by one spouse as set forth in the statute or (b) that neither spouse is at fault, but “irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or that future attempts would be impracticable and not in the best interest of the family.”

### No-Fault Divorce in Illinois

In order for the court in Illinois to grant a no-fault divorce, the husband and wife must live separate and apart for a continual period in excess of two years, and irreconcilable differences must be found to have caused the irretrievable breakdown of the marriage and further efforts at reconciliation have failed or future attempts at reconciliation would be impracticable and not in the best interest of the family. The two-year separation requirement, however, can be reduced to six months if the parties sign an affidavit, which waves the two-year separation requirement. Although many divorces in Illinois start off by alleging fault committed by the other spouse, the vast majority of cases eventually settle based upon no-fault of either party.

What if the husband and wife decide, during his and her [separation](https://familylawadvocate.com/family-law-attorney-mount-prospect-il "Legal Separation Attorney"), to try “one more time” to repair their marriage; does that negate the original separation period? No. The law wants to encourage couples to attempt reconciliation, and they do not want to discourage people from making these attempts. Specifically, the statute states that “at any time after the parties cease to co-habitat, the following periods shall be included in the period of separation”: (a) any period of cohabitation during which the parties attempted to reconcile under the guidance of a therapist, counselor, etc. or (b) any period of cohabitation under a written agreement of the parties to attempt to reconcile.

Last, what does “live separate and apart” mean? Although the statute is not clear, our courts have interpreted the phrase to include periods when the parties resided in the same residence but had clearly not lived as husband and wife. For example, many couples find it difficult to live in separate residences immediately because of financial constraints. However, they may live in separate bedrooms and not engage in sexual relations. Our courts have found that sort of arrangement can be considered living separate and apart.

### At-Fault Divorce in Illinois

In order for an Illinois court to grant a Dissolution of Marriage based upon fault of one spouse, the court must find one of the following: that, without cause or provocation by the petitioner: (1) the respondent was at the time of such marriage, and continues to be naturally impudent, (2) the respondent had a wife or husband living at the time of the marriage, (3) the respondent had committed adultery subsequent to the marriage, (4) the respondent willfully has deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation, (5) the respondent has been guilty of habitual drunkenness for the space of two years, (6) the respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of two years, (7) has attempted the life of the other by poison or other means showing malice, (8) has been guilty if extreme and repeated physical or mental cruelty, (9) has been convicted of a felony or other infamous crime, (10) or the respondent has infected the other with a sexually transmitted disease. “Excessive use of addictive drugs,” as used in this Section, refers to the use of an addictive drug by a person when using the drug becomes controlling or a dominant purpose of his or her life.

### Divorce Laws Updated

All states in the United States completely revamped their divorce laws in the 1970s. Illinois passed their new statute, the[ Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086), in 1977. The political battled in our state was quite fierce, and one of the main opponents to liberalized divorced laws was the Roman Catholic Church, among others. One compromise contained in our current state statute was to allow parties to settle divorce type issues (relating to, for example, property and children) without asking for a divorce. Although divorce has become quite common in our society, there are still a number of people who object to completely dissolving their marriage, either because they want or need some of the protections afforded in a divorce or are opposed to divorce based upon religious grounds. Many people do not get divorced because they need the health insurance provided by the other spouse, or they have been married many years and are elderly, etc.

The compromise in Illinois was to allow “legal separation.” Essentially, any person living separate and apart from his or her spouse without fault may have a remedy for reasonable support and [maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/ "Maintenance Attorney") while they still live apart. Hence, by filing a Petition for Legal Separation with a circuit court in any county in our state, the court can award support and deal with other issues between the parties without terminating the marriage. Once the Judgment for Legal Separation is entered by the court, property can be subsequently acquired and held separately as non-marital property.

It is important to understand that the other spouse is not prohibited from filing his or her own Petition for Dissolution of Marriage and requesting that the court completely dissolve the marriage.

### Unmarried Parents Getting a Divorce in Illinois

Unmarried parents of a child often assume that he or she has the same rights as do married parents of a child. While in many ways this is true, there are important differences that need to be recognized.

One of the most important distinctions is that unmarried parents seriously should consider having a court case in Illinois, even if the parties are living together as a family unit. Why? One reason is that it is important for the father of the child to establish properly his paternity of that child. This can be accomplished in Illinois by merely completing the state form entitled “Voluntary Acknowledgment of Paternity.” Many couples complete this form at the hospital when the child is born, in order for the father to be listed on the child’s birth certificate.

However, it is important to establish that the family is living together as a unit. One problem when a family unit dissolves, and the parents are not married is that for example, one parent takes the child and moves to another location. At that point, the other parent has no officially outlined rights regarding the child. Of course, that other parent has rights, but if there has never been a court case, that parent would need to “start at the beginning” and go to court to enforce his or her rights. If there was already a case on file with the court, it is much easier and quicker to establish temporary and long-term rights for each parent after the breakup of the family unit.

Unfortunately, we have seen far too many examples of a parent who suddenly leaves the family home with the child and refuses to allow the other parent to see that child. The other parent usually calls the police, who inform him or her that, because there is no court order, a Judge must determine each parent’s rights and responsibilities. This inevitably creates a crisis situation, which is in nobody’s interest.

### Child Support For Unmarried Parents

Another important aspect of the Illinois Parentage Act of 1984 is that it allows a custodial parent to claim [child support](https://familylawadvocate.com/divorce/child-custody/ "Child Custody Attorney Chicago") back until the date the child was born. However, if the parties were living together as a family unit, it would not be appropriate to award child support for those time periods. By filing a case in court when the family is living together as a unit, not only establishes each party’s rights with respect to the child but also becomes a record that the family is living together as a unit. We have seen many cases in which the question of back child support becomes hotly contested, and the question is often if the parties were living together as a family unit during certain time periods.

Another important aspect of the law is that both the father and mother have the right to challenge whether or not the father is, in fact, the natural father of the child. However, many people do not realize that this right is limited. How? Once paternity is established, either by the court and/or acknowledged (agreed to) by the parties, it is very difficult to “undo” this determination.

### Paternity Testing in Illinois

As most people understand, paternity can easily be determined by a DNA test. What many people do not realize is that you cannot request a DNA test at any time. A common scenario is where the parties agree in court (or at the hospital on a voluntary acknowledgment of paternity) that the man is the father of the child. Once a court, for example, has accepted this acknowledgment of paternity, the father no longer has the absolute right to demand a DNA test. The lesson to be learned is that if either party has any doubts regarding paternity, they should insist on a DNA test. Before [paternity is established,](https://familylawadvocate.com/why-should-i-establish-paternity/) either party has the right to insist on the DNA test; afterward, they do not (unless both parties agree to the test). Finally, many unmarried parents assume they have the same rights as married parents.

While this is true in many regards, it is not true in all regards. For example, in a divorce case, the court has the right to regulate whether or not a custodial parent can move out of state with the child. Under the Illinois Parentage Act of 1984, the court has no real authority to block this removal of the child from Illinois. However, a non-custodial parent can, with the assistance of an attorney, negotiate a settlement in any custody matter in court, which specifically includes language that requires the custodial parent to seek court permission before permanently removing the child from Illinois (similar to the divorce rules). This is an added measure of protection that a non-custodial parent can secure from the court.

## Finding a Trusted Divorce Attorney

Gordon & Perlut, LLC understand the delicate intricacies of a dissolution of marriage including how to navigate a fault or no-fault divorce. Email the[ Chicago Divorce Attorneys](https://familylawadvocate.com/divorce/) of Gordon & Perlut, LLC, or call ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or 847.329.0101  today.

---

### [Child Support](https://familylawadvocate.com/divorce/child-support/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Child Support Lawyers

Illinois law states that both parents owe a duty of support to their children.  Therefore, the Court has the power to award child support to either parent, for the benefit of their children.  Typically, child support is awarded to the parent who has the majority of parenting time.  Child support is available in divorce, legal separation, and parentage cases, both during the case and thereafter.  Child support is generally not available where both parties and the children remain living together during the pendency of the case.

Although child support was formerly based upon a percentage of the non-custodial parent’s net income, the system for calculating support has been changed.  Child support is now based upon the “income shares” model.  In essence, the net income of each parent is determined after considering all sources of income, including but not limited to all employment income, any maintenance received, overtime pay, bonuses, commissions, etc.  From that, the total net income of both parents is added together to determine their combined income.  Once the family’s total net income is calculated, the “basic child support needs” is determined (using a chart) based upon the number of minor children.

Once the basic child support amount is determined from the chart, each parent’s obligation is determined based upon their respective share of the family net income.  For example, if Parent A earns 65% of the net income and Parent B earns 35%, then Parent A’s obligation is 65% of the basic child support figure.  In cases where one parent’s income varies, the court may average that person’s income, so that the amount of the child support obligation will be the same from paycheck to paycheck based upon the average.  In some cases, there may need to be a reconciliation at the end of every year to make sure the correct amount is paid.

In addition to child support, parents can be responsible for daycare services, extracurricular activities, camp, school-related expenses, and health care expenses not covered by insurance and other related expenses.

## Let our Family Lawyers Help You

If you’re seeking assistance from another parent, [contact our Chicago Child Support Attorneys](https://familylawadvocate.com/contact-us/) who focus on child support in Chicago or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  today.

---

### [Visitation](https://familylawadvocate.com/articles/visitation/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# **Visitation**

Section 607 of the Illinois Marriage and Dissolution of Marriage Act sets forth the visitation rights to be granted to a parent who is not granted custody (or physical possession) of a child. All parents not granted custody or not designated the residential parent for a child are “entitled to reasonable visitation rights unless the court finds, after a Hearing, the visitation would endanger seriously the child’s physical, mental, moral or emotional health.”

In other words, it is presumed that the non-custodial parent will have reasonable visitation rights with the child, and the only way to challenge that presumption is for the custodial parent to file a Motion with the court, requesting a Hearing.

It is not uncommon for a custodial parent to state that he or she is “uncomfortable” with the non-custodial parent having substantial time with the child. Often, the custodial parent was used to always being around the child when the parties were a family unit, and now that each parent will have individual time with the child, the custodial parent may be nervous about the new situation. Perhaps the other parent will not be able to care for the child or will be reckless.

Unfortunately, some custodial parents use visitation as a way to attempt to control the non-custodial parent, as some parents use child support as a control tool. However, any custodial parent who challenges the visitation rights of the non-custodial parent needs to show the court that there are specific reasons why that parent should not have reasonable visitation.

What is a “reasonable” [visitation schedule](https://familylawadvocate.com/divorce/visitation/ "Visitation")? As with child custody, the court is dictated by the best interest standard. Generally, parents will have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child.

## Helping parents come to an agreement

Email our [Chicago child visitation lawyers](https://familylawadvocate.com/divorce/child-custody/) at Gordon & Perlut, LLC for more information or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our [Skokie](https://www.skokie.org/) office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101.

---

### [Illinois Spousal Maintenance Calculator](https://familylawadvocate.com/illinois-maintenance-calculator/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

- [Step 1](#tab1)
- [Step 2](#tab2)
- [Step 3](#tab3)
- [Step 4](#tab4)
- [Step 5](#tab5)

## Annual Illinois Gross Income Maintenance Calculator

### What is you and your spouses’ *combined* gross annual income?

#### Gross Income Amount: (choose one)

 Less than $250,000
 More than $250,000

 The new guidelines provided in Section 504 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) do not apply to situations in which the couple’s combined annual gross income is more than $250,000. In order to determine the maintenance amount and duration, courts are required to apply the following factors (as listed in Section 504(a) of the IMDMA):

| 1\. | The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; |
|---|---|
| 2\. | The needs of each party; |
| 3\. | The present and future earning capacity of each party; |
| 4\. | Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; |
| 5\. | The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; |
| 6\. | The standard of living established during the marriage; |
| 7\. | The duration of the marriage; |
| 8\. | The age and the physical and emotional condition of both parties; |
| 9\. | The tax consequences of the property division upon the respective economic circumstances of the parties; |
| 10\. | Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; |
| 11\. | Any valid agreement of the parties; |
| 12\. | Any other factor that the court expressly finds to be just and equitable. |

[ Previous](#)

**Disclaimer:** Use of this website and/or IL maintenance calculator is subject to the terms of this disclaimer and your use of this website and/or maintenance calculator shall constitute your acceptance of the terms of this disclaimer.

Any information received via this website is not intended to create and does not constitute an attorney-client relationship between you and Gordon & Perlut, LLC, nor will any such information be considered attorney-client communication, in the absence of a pre-existing express agreement by Gordon & Perlut, LLC to the contrary.

This maintenance calculator is explicitly intended to be used for informational purposes only and does not constitute legal advice nor a legal opinion of any kind. The results obtained are strictly informational and do not in any way represent a guarantee of what a judge might order.

Gordon & Perlut, LLC does not certify or warrant the accuracy of the calculator. To get advice about your specific situation, and before signing any documents pertaining to divorce, separation, custody or support, we strongly recommend that you contact a qualified Chicago Family Law Attorney today.

 **I agree to the above disclaimer.**

### Higher earning spouse’s annual gross income? (Payor)

#### (Numeric Values only, no commas) (Example: 125000)

### Lower earning spouse’s annual gross income? (Payee)

#### (Numeric Values only, no commas) (Example: 25000)

**Estimated Annual Maintenance Payment Payor to Payee = $0**

**Estimated Monthly Payment Payor to Payee = $0**

 Pursuant to Section 504 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504(b)(1)(A)) the amount calculated as maintenance, when added to the gross income of the payee, may not result in the payee receiving an amount that is in excess of 40% of the combined gross income of the parties.

 **Percentage of parties’ combined gross income that payee is 30% receiving after maintenance award.**

### How Many Months have you been married?

#### (Numeric Values only, no commas) (Example: 25)

Duration of monthly Maintenance Payments – Payor to Payee: **0 Months**

## Your Results

**$0** per/month for 0 months = **$0**

## Your Results

$0 per/month. **The court will order either permanent maintenance or maintenance for a period equal to the length of the marriage.**

If you have questions about your Illinois Maintenance obligation or request contact

Gordon & Perlut, LLC today by completing the contact form below.

We are here to help.

- [Previous](javascript:void(0))
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### [Divorce Tips for Introverts](https://familylawadvocate.com/divorce-and-introverts/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Divorce Tips for Introverts from Illinois Family Law Attorneys

### Helping you cope with the stresses of a contentious divorce

People often have legitimate complaints that divorce takes too long. While changes have been made in the past few years to somewhat accelerate the process, especially regarding issues concerning children, it still takes far too long. In addition, there seems to be a long period between court dates and when your case appears active. You may wonder why your Cook County divorce attorney and the judge can’t just get it done.

Many of our clients at Gordon & Perlut, LLC are introverted. Introverts have an especially difficult time when they appear in court with our divorce lawyers for hearings, pre-trial conferences, or a trial. They find it frustrating to be in a court environment in which key points and decisions are being made at a pace that suddenly seems very fast. For people who tend to be more comfortable and who work better in a slower-paced environment, in which they can consider their responses and do not feel the need to come up with “snap answers,” this can be intimidating. In addition, if you are married to an extrovert and still living with your spouse, the pressure cooker of continuing to live with that person during the divorce is often excruciating.

### Be Prepared

What is an introvert to do? First and foremost, be prepared. Before you attend any court proceeding, make sure you communicate with your Cook County divorce attorney and discuss what you hope to accomplish at that next court date. What types of questions are likely to be asked? Knowing that you can think about your answers ahead of time so you have the opportunity to reflect beforehand and be ready when necessary. When you are better prepared, you are more confident in your responses, and it certainly helps your case in the long run. Be proactive. If your divorce lawyer doesn’t call you before court to prepare you, call your attorney and review these issues.

Our experience with introverted people is that they view that aspect of their personality as a weakness or defect. It is not, but you need to understand yourself so that you are most effective. One personality test is the[ Myers-Briggs Type Indicator](https://www.myersbriggs.org/my-mbti-personality-type/mbti-basics/). We would encourage anyone to take the MBTI. It is easy to locate at your bookstore or on the Internet. If you are introverted, you will know that you prefer to think before you speak, that “alone time” is essential, and that you gain energy from engaging in certain activities on your own. The process of divorce, on the other hand, can seem more suitable and geared toward extroverts, who tend to think well on their feet and appear to be energized by the court process, while you may very well feel drained by it.

### Consider Divorce Mediation

The introvert may want to consider the possibility of engaging in the divorce [mediation](https://familylawadvocate.com/family-law/mediation/ "Mediation") process, which may reduce some of the stresses of divorce proceedings.

Our Cook County divorce attorneys are convinced that introverts cannot only hold their own during the [divorce](https://familylawadvocate.com/divorce/ "Divorce Information – Your Overview of the Legal Process") process but that they positively can influence the process to their advantage and their children’s in [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") and [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") determinations.  Introverts tend to think now and talk later. They focus on issues deeply, and they tend to remain calm. They also like to have their “own space.”  While extroverts may appear to gain energy during this process, they can often make the mistake of speaking first and thinking later, and they may not think all issues through deeply and therefore make poor decisions. Finally, they can appear reactive and anything but calm, which is especially damaging for children, and are often fearful of being alone after the divorce, even if they filed the case in court!

### Learn To Speak Up More

Here are some additional suggestions our divorce lawyers have for introverts in their divorce and in general. First, introverted people tend not to build social networks. Often, this leaves them feeling isolated during stressful times, such as divorce. While many people with this personality type usually feel self-reliant, everyone needs a network of friends to rely on when the need arises, even if they tend to need it less often than extroverts. Second, introverts need to learn to speak up more often. Extroverts often complain that introverted spouses never tell them what they want and are surprised when the introvert feels frustrated. You cannot be heard unless you speak up and express yourself, which is often a challenge. Introverted people may end in jobs or other situations that don’t make them happy, usually because they did not speak up. If you are not happy in other aspects of your life, think about what you could do to improve those areas. What do you really like to do?

### Ask our Cook County divorce attorneys if you are uncertain or have questions

[Contact](https://familylawadvocate.com/contact-us/ "Contact Us") our experienced divorce lawyers today if you have questions [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our Skokie office.

---

### [Tips on Making it Through a Difficult Divorce](https://familylawadvocate.com/making-it-through-a-divorce/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Advice from Divorce Lawyers for Getting Through a Divorce

### Tips from trusted Chicago divorce attorneys to help you

Divorce brings out the worst in some people. They may justify their behavior on the basis of hurt feelings or self-interest, but if deception and lies are part of their reaction, it only complicates the divorce process.

The divorce lawyers of Gordon & Perlut make every attempt to help clients work through issues, and we try to limit the involvement of the court in making important decisions.  We believe [divorce mediation](https://familylawadvocate.com/family-law/mediation/) can be a viable, less stressful means for reaching an agreement about issues such as property division, [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") (now known as allocation of parental responsibilities), and [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support"). Unfortunately, a difficult spouse may contest the divorce and create the need for extensive litigation.

Divorce law cannot dictate how spouses should behave or change the behavior of a spouse.  But as [divorce attorneys](https://familylawadvocate.com/ "Home"), we recommend curtailing your reactions toward an uncooperative spouse. The following tips can help you protect your legal interests as well as your feelings:

- Avoid arguments, especially over contentious issues such as child custody and visitation.
- Use businesslike politeness.
- Be skeptical about facts and promises.
- Expect your spouse to resent you and your attorney.
- Change your service providers, user names, and passwords to protect email and phone messages.
- Check your credit report periodically to make sure that your spouse does not incur more debt in both of your names.
- Consider getting a post office box to protect your important mail.
- Do not give out information without advice from a Cook County divorce attorney.
- Do not try to negotiate or sign anything without a lawyer.
- Communicate with your difficult spouse through your Skokie divorce attorney.
- Ignore any statements that your spouse makes about your Cook County divorce attorney.
- Protect your divorce documents.
- Make sure that your lawyer receives any documents your spouse is supposed to send.

Your Cook County divorce attorney is one of your best forms of support when your spouse makes divorce difficult. Gordon & Perlut, LLC provides useful advice and personal attention in your case to make the process easier.

## Divorce lawyers helping to reduce stress

If you are calm and focus on your well-being during a divorce, you make it easier for your divorce attorney to best represent you.

Here are some tips about recognizing and dealing with stress:

| - Discuss your feelings. - Keep physically active. - Nurture your interests. - Relinquish problems beyond your control. - Avoid destructive behaviors. | - Do not make hasty decisions. - Make time for fun. - Move on from your loss. - Limit what you expect from the divorce. |
|---|---|

Gordon & Perlut, LLC gives each client personal attention, and we are compassionate and sensitive to your needs. At the same time, our divorce attorneys are formidable adversaries for a difficult spouse. Our firm will take your case before a judge if alternative methods are impossible.

Contact our divorce lawyers [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our [Skokie](https://www.skokie.org/) office.

---

### [Child Custody](https://familylawadvocate.com/articles/child-custody/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Child Custody

Probably the most difficult aspect of any legal case is the question of child custody. [Section 602 of the Illinois Marriage and Dissolution of Marriage Act](https://law.justia.com/codes/illinois/2010/chapter750/075000050HPt_VI.html#:~:text=(a)%20The%20dissolution%20of%20marriage,the%20standards%20of%20Section%20602.) requires a court to determine custody in accordance with the best interest of the child. The court shall consider all of the following:

- The wishes of the child’s parent or parents regarding his custody
- The wishes of the child regarding his custodian
- The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interest
- The child’s adjustment to his home, school, and community
- The mental and physical health of all individuals involved
- The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person
- The occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

Often, couples can agree that a child will live primarily with one parent. However, the court must decide if one party shall be granted [sole custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody") or if the parties will have joint custody of the child. If a parent has sole custody of a child, that parent essentially can make all decisions regarding the child. What if the parents agree that the child will remain primarily with one parent, but the other parent insists upon joint custody? If the parties have joint custody of the child, the court will designate one parent as the residential parent for the child, and the parties will make major decisions involving the child jointly. Generally, this involves larger issues surrounding education, health, and religious upbringing. Under a joint parenting agreement, the residential parent for the child makes the typical day-to-day decisions affecting the child.

If joint custody is envisioned, the parties will need to enter into a Joint Parenting Agreement, which will govern specifically how joint custody will operate in their case. When is joint custody suitable? Our courts have held that joint custody is proper when the parties can communicate reasonably regarding issues involving the child. Although many parents cannot communicate and have decided to divorce, many parents are still able to discuss issues involving their child. What I advise my clients is that joint custody, in the long run, is better for both the parents and the child if the parents can communicate. Parents who communicate after a divorce are not only helping themselves but are helping their child adjust to the divorce. Parents who continually fight before, during, and after divorce put a tremendous amount of stress on a child, and this is obviously unhealthy. However, I also tell my clients, if they cannot cooperate regarding the child with the other parent, entering into a Joint Parenting Agreement is not recommended. Parties simply incapable of cooperating regarding the child are setting themselves up for failure and future conflicts if he or she bind themselves to a Joint Parenting Agreement.

## Let an experienced attorney help you determine what’s best

Email our Chicago Child Custody Attorneys or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at 847.329.0101  to help you with your child custody case.

---

### [Grandparent Visitation](https://familylawadvocate.com/articles/grandparent-visitation/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# Grandparent Visitation

The state of [grandparent visitation right](https://familylawadvocate.com/divorce/grandparent-visitation/ "Grandparent Visitation Rights")s in Illinois has been changing during the past few years. After a United States Supreme Court decision wiped out most grandparent visitation laws, most states (including Illinois) rewrote their laws to comply with the decision. In 2004 the Illinois legislature adopted many changes, and allowed grandparents (as well as great-grandparents and siblings) to file petitions for visitation rights in court if an “unreasonable denial” of visitation by a parent takes place and at least one of the following conditions exists: (a) one parents is incompetent as a matter of law or deceased or has been sentenced to prison for at least one year, (b) the parents are divorced (or are in the process of a divorce) or are legally separated and at least one parent does not object to the grandparent visitation, (c) the grandparent of a parent whose parental rights have been terminated by the court (other than a juvenile court) seeks visitation (this does not apply in unrelated adoption cases), and (d) a grandparent of a child born out of wedlock seeks visitation (so long as the parents are not living together and paternity has been established for the father).

Sadly, there are all too many grandparents, great-grandparents, or siblings of a parent denied visitation with a child. While it is always preferable for the adults to cooperate and allow a child to have access to extended family members, it is comforting to know that a grandparent can turn to our courts to seek access to a child, if that access is denied.

## Know your rights as a grandparent and contact an experienced Attorney

Email a Chicago Family Law Attorney for more information or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our [Skokie](https://www.skokie.org/) office at 847.329.0101

---

### [Guardianships](https://familylawadvocate.com/articles/guardianships/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# Guardianships

Often, it is necessary to ask a court to appoint a guardian for a minor when neither parent can care for that child. Any person who is at least 18, of sound mind, not adjudicated a disabled person under the law, has not been convicted of a felony and who the court finds is capable of providing an active and suitable program of guardianship for the minor is qualified to act as [guardian](https://familylawadvocate.com/divorce/guardianships/ "Guardianships") of the person or the estate of a minor. To appoint a guardian for a minor, a Petition must be filed with the court requesting the appointment. A parent may also designate in any writing, including a will, a person qualified to act as guardian for his or her child. It is important to note that this designation must be done in a very specific way, as set forth in the law.

In addition, it may be necessary to request a court to appoint a guardian for a disabled adult. The most common situation here is for an elderly person who, with the advancement of age, cannot care for themselves or their estate. Again, upon the proper filing of a Petition with a court that court may appoint a guardian for the disabled adult and/or his or her estate.

## Our lawyers can help you through your guardianship process

Our experienced lawyers can help you apply for guardianship of minors.  For more information, email our Chicago Guardianship Attorneys or call our office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  to help you with your child custody case.

---

### [Pre-marital Agreement](https://familylawadvocate.com/articles/pre-marital-agreement/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Pre-Marital Agreements

Illinois has enacted the [Uniform Premarital Agreement Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59). Premarital agreements may be contracted between two prospective spouses with respect to:

- the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located
- the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property
- the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event
- the modification or elimination of spousal support
- the making of a will, trust, or other arrangement to carry out the provisions of the agreement
- the ownership rights in and disposition of the death benefit from a life insurance policy
- the choice of law governing the construction of the agreement
- any other matter, including their personal rights and obligations, violation of public policy, or a statute imposing a criminal penalty.

The most important thing to remember is that there are certain simple guidelines to follow, and if they are ignored, the agreement will be unenforceable in court. A [premarital agreement](https://familylawadvocate.com/divorce/pre-marital-agreement/ "Pre-marital Agreement") is not enforceable if the party against whom enforcement is sought proves that:

- the agreement was not entered into voluntarily
- the agreement was, “unconscionable” when it was executed
- fair and reasonable disclosure of the property or financial obligations of the other party was not provided before the agreement was entered into (or the right to such disclosure was not voluntarily and expressly waived in writing)
- did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party

Sometimes, parties will attempt to craft their own Premarital Agreement by themselves, without the assistance of an attorney. We strongly advise that both parties have independent attorneys craft and review the Premarital Agreement with each party. Our courts have found that each party needs to have independent legal advice before entering into any Premarital Agreement. Otherwise, the Premarital Agreement will almost certainly be unenforceable.

## Contact an Attorney for any of your pre-marital agreement needs

For more information about what is needed for a pre-marital agreement, email our [Chicago Divorce Attorneys](https://familylawadvocate.com/divorce/) or call our office in Chicago at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at 847.329.0101  to help you.

---

### [Unmarried Parents](https://familylawadvocate.com/articles/unmarried-parents/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# Unmarried Parents in Chicago

Unmarried parents of a child often assume that he or she has the same rights as do married parents of a child. While in many ways this is true, there are important differences that need to be recognized.

One of the most important distinctions is that [unmarried parents](https://familylawadvocate.com/divorce/unmarried-parents/ "Unmarried Parents") seriously should consider having a court case in Illinois, even if the parties are living together as a family unit. Why? One reason is that it is important for the father of the child to establish properly his paternity of that child. This can be accomplished in Illinois by merely completing the state form entitled “Voluntary Acknowledgment of Paternity.” Many couples complete this form at the hospital when the child is born, in order for the father to be listed on the child’s birth certificate.

However, it is important to establish that the family is living together as a unit. One problem when a family unit dissolves and the parents are not married is that, for example, one parent takes the child and moves to another location. At that point, the other parent has no officially outlined rights regarding the child. Of course, the other parent has rights, but if there has never been a court case, that parent would need to “start at the beginning” and go to court to enforce his or her rights. If there was already a case on file with the court, it is much easier and quicker to establish temporary and long term rights for each parent after the breakup of the family unit. Unfortunately, we have seen far too many examples of a parent who suddenly leaves the family home with the child and refuses to allow the other parent to see that child. The other parent usually calls the police, who inform him or her that, because there is no court order, a Judge must determine each [parent’s rights and responsibilities](https://familylawadvocate.com/parental-responsibilities/). This inevitably creates a crisis situation, which is in nobody’s interest.

## Illinois Parentage Act

Another important aspect of the [Illinois Parentage Act of 1984](https://law.justia.com/codes/illinois/2013/chapter-750/act-750-ilcs-45/) is that it allows a custodial parent to claim child support back until the date the child was born. However, if the parties were living together as a family unit, it would not be appropriate to award child support for those time periods. By filing a case in court when the family is living together as a unit, not only establishes each party’s rights with respect to the child but also becomes a record that the family is living together as a unit. We have seen many cases in which the question of back child support becomes hotly contested, and the question is often if the parties were living together as a family unit during certain time periods.

Another important aspect of the law is that both the father and mother have the right to challenge whether or not the father is, in fact, the natural father of the child. However, many people do not realize that this right is limited. How? Once paternity is established, either by the court and/or acknowledged (agreed to) by the parties, it is very difficult to “undo” this determination.

## Illinois Paternity Testing

As most people understand, [paternity can easily be determined by a DNA test](https://familylawadvocate.com/why-establishing-paternity-is-essential-for-fathers-rights/). What many people do not realize is that you cannot request a DNA test at any time. A common scenario is where the parties agree in court (or at the hospital on a voluntary acknowledgment of paternity) that the man is the father of the child. Once a court, for example, has accepted this acknowledgment of paternity, the father no longer has the absolute right to demand a DNA test. The lesson to be learned is that if either party has any doubts regarding paternity, they should insist on a DNA test. Before paternity is established, either party has the right to insist on the DNA test; afterward, they do not (unless both parties agree to the test).

Finally, many unmarried parents assume they have the same rights as married parents. While this is true in many regards, it is not true in all regards. For example, in a divorce case, the court has the right to regulate whether or not a custodial parent can move out of state with the child. Under the Illinois Parentage Act of 1984, the court has no real authority to block this removal of the child from Illinois. However, a non-custodial parent can, with the assistance of an attorney, negotiate a settlement in any custody matter in court, which specifically includes language that requires the custodial parent to seek court permission before permanently removing the child from Illinois (similar to the divorce rules). This is an added measure of protection that a non-custodial parent can secure from the court.

## Let our Attorneys assist in determining what’s best for your family

For more information, email our [Chicago Family Law Attorneys](https://familylawadvocate.com/family-law/) or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at 847.329.0101  to help you with your child custody case.

---

### [Child Support](https://familylawadvocate.com/articles/child-support/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## **Child Support in Illinois**

Illinois courts have the power to award child support to any parent, for the benefit of their children, usually to the parent who is the primary caregiver for the parties’ children. Child support is generally not available where both parties and the children remain living together during the pendency of the case. It is available in divorce, legal separation, and parentage cases, both during a case and thereafter.

Unlike maintenance (alimony), which is not set according to any specific guidelines, [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") in Illinois is set pursuant to a guideline-based upon the net income of the “obligor” (the parent who will be paying child support). The guidelines are as follows:

Number of Children Percent of Supporting Parent’s Net Income

| **Number of children** | **Percentage of income** |
|---|---|
| 1 | 20% |
| 2 | 28% |
| 3 | 32% |
| 4 | 40% |
| 5 | 45% |
| 6 or more | 50% |

Although the [child support is set pursuant to a percentage of net income](https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm), a specific dollar amount is listed in the court order as the child support obligation. In cases in which an obligor’s net income varies, the court will average that person’s net income, with the result that the child support obligation will be the same amount from paycheck to paycheck based upon the average. This is sometimes difficult for obligors whose income varies widely, but it is the standard method of setting child support in Illinois. While it may seem fair to have a percentage of each paycheck and whatever the obligor made on each check removed, Illinois law requires that a specific dollar amount be ordered by the court.

What is “net income”? Net income is defined in our law as “the total of all income from all sources, minus the following deductions”: (a) federal and state income tax, (b) social security payments, (c) mandatory retirement contributions required by law or as a condition of employment (most employees pay voluntary contributions to retirement), (d) union dues, (e) dependent and individual health insurance, (f) prior obligations of support or maintenance paid pursuant to a court order, and (g) expenditures for repayments of debt that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, and reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts.

Although our courts have the power to set child support above or below the above-listed guidelines, it is difficult to have a court make these deviations, as Illinois courts generally like to stay within the guidelines. However, you should make sure your attorney takes advantage of all possible deductions (if you are paying support), or (if you are receiving support) that you verify all income from all sources (second jobs, investments, etc.) to make sure you receive the correct amount.

## Let our Divorce Attorneys help you

If you’re seeking assistance from another parent, contact our family law attorneys who focus on child support in Chicago or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at 847.329.0101  today.

---

### [Marital Residence](https://familylawadvocate.com/articles/marital-residence/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

# **Marital Residence**

The largest or one of the largest, assets for most families is their marital home. Once the divorce case is filed with the court, what happens during the divorce? What happens after the divorce is completed?

It is important to understand that neither party can have the other party removed from the [marital residence](https://familylawadvocate.com/divorce/marital-residence/ "Marital Residence") just because a divorce case has been filed. While Illinois courts have the power to order one party to leave the marital residence, they generally will not do so unless that party has somehow become a danger or threat to the other party or the children.

If there is no threat or danger, but rather the situation at home has become unpleasant and stressful for two people to live together during the divorce, this can be an added incentive to both parties to not prolong the divorce proceeding. However, this right to remain in the marital residence also can be used by one party to badger and harass the other party to either leave the marital residence or settle their divorce case on less than favorable terms.

## How Can AcDivorce Attorney Help?

If the situation is merely unpleasant and stressful (which is normal during a divorce proceeding), it would be very difficult to have the other spouse removed from the home. However, there are times when one spouse will behave in a manner designed to exert pressure on the other spouse in ways difficult to prove in court. For example, the most common “low level” form of harassment is verbal; small comments here and there designed to make life for the other spouse untenable. It is important that your attorney be kept informed of these developments so that your rights can be protected. It is possible to have a spouse removed from the home for non-physical, mental abuse.

What happens to the marital residence after the divorce? If the marital residence is marital property, [the court has the power to order the division of the property](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000), including “the desirability of awarding the family home, or the right to live there and for reasonable periods, to the spouse having custody of the children.” Often, the marital residence is the only substantial asset owned by the parties, and it is sold if neither party can afford to buy the other’s share in the home. However, the court can allow the spouse who obtains custody of the children to stay in the house after the divorce, if it does not result in a “hardship” for the non-custodial spouse. If the house is retained for a period of time by the custodial parent, the residence would be sold in the future at a specified time, and the proceeds divided between the parties.

## Ask a Divorce Attorney to help you

You may have a large number of questions regarding your Marital Residence, so contact our Chicago Divorce Attorneys at [Gordon & Perlut, LLC by email ](https://familylawadvocate.com/contact-us/)today or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at 847.329.0101  today.

---

### [Divorce & Fathers’ Rights Attorneys Park Ridge, Illinois](https://familylawadvocate.com/family-law-attorney-park-ridge-il/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Fathers’ Rights in Park Ridge, Illinois

Divorce can be hard on children and upset a family. [Custody](https://familylawadvocate.com/divorce/child-custody/) proceedings, [child support](https://familylawadvocate.com/divorce/child-support/), and [visitation](https://familylawadvocate.com/divorce/visitation/) arrangements, while necessary aspects of a [divorce](https://familylawadvocate.com/divorce/), can cause familial tension and resentment. At times it may seem as though the courts always favor the mother, leaving the father with inadequate time to spend with his children. It may feel like the law can infringe upon a father’s love for his children, however, a father absolutely has the right to spend time with and parent his children.

## Experience You Can Trust

If you live in Park Ridge, Illinois, or the greater Chicago area, consider seeking help from the lawyers of Gordon & Perlut, LLC. We have an intimate understanding of the law and no one understands [fathers’ rights](https://familylawadvocate.com/fathers-rights/) better than we do. Agreements, settlements, and court orders need to be properly negotiated or may need to be altered, modified, and renegotiated. Circumstances change over time, and as they do, they can affect a parent’s ability to provide adequate care for their children. If you feel that you need legal help to protect your rights as a father, consider leveraging the experience of Gordon & Perlut, LLC to protect your rights as a father.

## Call Us Today

The lawyers of Gordon & Perlut, LLC work tirelessly to help families. We understand how difficult familial transitions can be, and we have over two decades of experience helping people in the same position as you. If you are a resident of [Park Ridge, Illinois](https://www.parkridge.us/) or the Greater Chicago area and you feel that your rights as a father need to be protected, consider seeking our help. Our knowledge of family law can help to defend your rights. Don’t wait any longer and call us today at 847.329.0101. You have nothing to lose from an initial free phone consultation.

---

### [Family Law & Divorce Attorneys Evanston, IL](https://familylawadvocate.com/family-law-attorney-evanston-il/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Property Division in Evanston, Illinois

The law can be murky and confusing at times, and when you are uncertain how to protect yourself or don’t understand the law completely, it is a great idea to seek qualified help. [Property division](https://familylawadvocate.com/divorce/property-division/) laws that arise from divorce can be cumbersome, and it might not always be easy to understand how the courts decide to divide the property. To get accountable and qualified assistance, consider Gordon & Perlut, LLC. They are qualified [divorce](https://familylawadvocate.com/divorce/) and [family law](https://familylawadvocate.com/family-law/) attorneys that serve clients with [property division](https://familylawadvocate.com/divorce/property-division/) problems in Evanston, Illinois, and the greater Chicago area.

## Property Types

The property that needs to be divided comes in two forms: marital and non-marital property. There is a myriad of rules and exceptions that govern what constitutes marital property, and Gordon & Perlut, LLC have years of experience to guide you safely through the process.

Basically, understand that “marital property” is property that was gained during the marriage. While this may seem simple on the surface, there are exceptions not only to how the property type is determined, but also additional rules on how the property is distributed. It is not always as simple as dividing something in half. Our courts need to use “equitable distribution.” If you don’t know all the details of property division, don’t worry. We are here to help you.

## Your Next Step

If you live in the Evanston, Illinois area and aren’t sure if you need help with property division law, don’t hesitate to give us a call today. Our years of experience can be an asset to you both legally and financially. You have nothing to lose by simply picking up the phone and calling us. We do not charge for an initial phone consultation, and we have the potential to save you a lot of time and money. Call Gordon & Perlut, LLC at 847.329.0101 to learn how we can help you.

---

### [Franklin Park Divorce Attorneys](https://familylawadvocate.com/divorce-attorney-franklin-park-il/)

**Published:** August 18, 2017
**Author:** familylawadvocate

**Content:**

![](https://familylawadvocate.com/wp-content/uploads/2017/08/Franklin-Park-Divorce-300x200.jpg "Franklin Park Divorce | Chicago & Skokie Divorce & Family Law Attorneys")Divorce is rarely a straightforward, painless, and stress-free process for a husband and wife, and if children are involved, the situation becomes much more tense and distressing, often leading to contentious court proceedings. It is a life-altering event that affects the emotional, financial, and mental well-being of all the parties involved. It is best to have a compassionate and responsive attorney by your side who can help you understand your rights and provide vigorous representation in Court. At Gordon & Perlut, LLC, our Franklin Park attorneys have more than 20 years of experience and in-depth knowledge of Illinois laws governing family law matters. We know the legal framework inside out and stay up-to-date with the changes in the [Illinois Marriage and Dissolution of Marriage Act (IMDMA)](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) to provide accurate and effective legal services. We are capable of providing competent legal counsel and advocacy to clients tailored to befit their particular circumstances.

We understand that you are going through a rough patch – that is why we opt for a personalized, client-centric approach to cater to your needs. We craft innovative legal strategies that are in line with your goals and interests and strive to achieve the most favorable outcomes.

## Minimizing Conflict Between Spouses through Mediation and Negotiation

The Franklin Park divorce attorneys at Gordon & Perlut, LLC aim to guide clients through the divorce process and reach a settlement with as little conflict and stress as possible. We utilize various negotiation techniques to resolve key aspects of the divorce amicably, in the attempt to reduce costs and expedite the process. This allows both parties to avoid long, contentious court proceedings and minimize the adverse effects on the emotional wellbeing of children.

## Offering Divorce Legal Services to Clients in Franklin Park, Illinois

Our law firm offers a full range of legal services for divorce-related matters and has helped families resolve matters efficiently and effectively. We can provide competent legal counsel and representation for several issues, including:

- [Alimony/Spousal Maintenance](https://familylawadvocate.com/maintenance-aka-alimony/)
- [Child Custody/Allocation of Parent Responsibilities](https://familylawadvocate.com/divorce/child-custody/)
- [Visitation/Parenting Time](https://familylawadvocate.com/divorce/visitation/)
- Paternity and [Fathers’ Rights](https://familylawadvocate.com/fathers-rights/)
- [Mothers’ Rights](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-women/)
- Parenting Plans
- [Legal Separation](https://familylawadvocate.com/divorce/legal-separation/)
- [Property and Debt Division](https://familylawadvocate.com/divorce/property-division/)
- [Child Support Collections](https://familylawadvocate.com/divorce/child-support/failure-to-pay/)
- Post-Divorce Decree Modification and Enforcement
- [Relocation](https://familylawadvocate.com/divorce/children-removal-illinois/)

We understand that sometimes couples have different interests and are unable to mutually agree on divorce matters. In such a situation, we prepare for litigation, and aggressively represent your case in court to advocate your position, protect your rights, and strive to achieve the best possible results.

## Discuss Your Case with a Franklin Park Divorce Attorney Today

Divorce is a taxing and complex process that should not be handled without the help of a reliable and experienced divorce attorney. If you are seeking legal services for your divorce case, you should [contact](https://familylawadvocate.com/contact-us/) Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation and discuss your case with one of our divorce attorneys. We have offices conveniently located in downtown Chicago and Skokie, Illinois.

---

### [La Grange Child Support Attorney](https://familylawadvocate.com/child-support-attorney-lagrange-il/)

**Published:** September 18, 2017
**Author:** familylawadvocate

**Content:**

During divorce or legal separation proceedings involving children, both parents have an obligation of support, and one of the parents is usually required to pay child support to help the other parent meet the basic needs of their children. Payments are made until the children turn 18 or graduate from high school.

Typically, the determination of who pays the child support is made taking into account several factors, with the most important being the amount of parenting time and income of each parent.

## Reliable Child Support Attorneys Assisting in Child Support Issues in La Grange, IL

![](https://familylawadvocate.com/wp-content/uploads/2017/09/lagrange-child-support-300x201.jpg "lagrange-child-support | Chicago & Skokie Divorce & Family Law Attorneys")At Gordon & Perlut, LLC, we understand that with new laws and regulations in place, it can be confusing and frustrating as to how they may apply to your situation. With our La Grange attorneys by your side, you can have peace of mind that we will provide you with a comprehensive legal solution designed to cater to the specific needs of your case.

We opt for a client-centric approach where we help you develop a thorough understanding of your rights and provide a realistic assessment so that you have a true picture of your case.

## Changes to Illinois Child Support Law

Previously, a percentage model was used for calculating child support payments. As of July 2017, the [income shares model](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx) has been implemented that has revamped the way child support amount used to be calculated. Under the new law, the net income of both parents is taken into account, instead of just the non-custodial parent. It is then distributed between the spouses based on the basic child support obligations, additional expenses, and parenting time allocated to each parent, along with other factors.

The purpose of implementing this new law is to better cater to child’s best interests while lessening the burden of paying child support from one parent. Our La Grange attorneys understand the importance of child support determinations and their impact on the financial circumstances of each parent. We work closely with you to learn about your specific situation and strive to reach a resolution that is fair for everyone involved without having to go through a lengthy litigation process.

## Talk to an Experienced La Grange Child Support Attorney Today

Whether you are receiving or paying child support, you want a fair settlement based on your specific situation. At Gordon & Perlut, LLC, our La Grange attorneys have more than 20 years of experience in handling complex child support matters in Illinois and can help in achieving your goals and protect your interests, while obtaining a favorable outcome for your case.

For reliable legal counsel, contact the Law Offices of Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation. Our experienced and friendly attorneys will be happy to discuss your case. You can also visit our offices in Chicago and Skokie, Illinois.

---

### [Melrose Park Divorce Attorney](https://familylawadvocate.com/divorce-attorney-melrose-park-il/)

**Published:** September 18, 2017
**Author:** familylawadvocate

**Content:**

![Melrose Park Divorce Attorney](https://familylawadvocate.com/wp-content/uploads/2017/09/melrose-park-divorce-300x200.jpg "Melrose Park Divorce Attorney | Chicago & Skokie Divorce & Family Law Attorneys")The process of dissolving a marriage in Illinois entails many specific issues, such as custody of children, child support, property division, spousal maintenance, and others. Going through divorce can cause a great deal of emotional distress and financial burden on both spouses, and things become more complicated when children are involved. In order to make well-thought-out decisions when dissolving your marriage, you should consider working with an experienced and reliable attorney, who can offer solid legal counsel and provide a clear picture of your case to set realistic expectations of its outcome.

## Offering Comprehensive Divorce Legal Services to Client in Melrose Park, IL

Whether you are contemplating divorce or have already filed a petition with the local Circuit Court, you need to develop a complete understanding of your legal rights. At Gordon & Perlut, LLC, we have been offering comprehensive legal solutions to clients going through a divorce for over 20 years, and know-how the wheels turn in the legal framework.

We are well-versed in all the aspects of the [Illinois Marriage and Dissolution of Marriage Act (IMDMA)](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) that governs family law matters and are up-to-date with the latest changes to provide the best solutions that are in line with your individual goals and interests.

## Personalized Services Coupled with Compassion and Consideration

At Gordon & Perlut, LLC, we understand that divorce is an extremely complex and difficult process for all the parties involved. That is why we opt for a client-centric, compassionate approach where we offer personalized services and give individual attention to each client to provide legal and emotional support to help them through this tough phase in life.

Over the years, we have counseled and represented many families and helped them resolve legal challenges and concerns. Our philosophy is that in order to provide the most effective services to clients, we need to understand their situation from inside out and come up with a solution that befits their specific circumstances.

## How Our Melrose Park Attorneys Help Clients

No matter what issues you are facing with your divorce, our law firm fights hard to protect your rights and achieve results that are in the best interests of your family. We provide a wide range of divorce-related services to clients in Melrose Park, Illinois, including:

- [Divorce](https://familylawadvocate.com/divorce/)
- [Legal Separation](https://familylawadvocate.com/divorce/legal-separation/)
- [Property Division](https://familylawadvocate.com/divorce/property-division/)
- [Child Support](https://familylawadvocate.com/divorce/child-support/)
- Post-Decree Divorce Modifications
- [Child Custody](https://familylawadvocate.com/divorce/child-custody/)
- [Relocation](https://familylawadvocate.com/divorce/children-removal-illinois/)
- [Visitation/Parenting Time](https://familylawadvocate.com/divorce/visitation/)
- [Alimony/ Spousal Maintenance](https://familylawadvocate.com/maintenance-aka-alimony/)
- [Collaborative Divorce and Mediation](https://familylawadvocate.com/contact-us/#)
- [Enforcement](https://familylawadvocate.com/divorce/child-support-collections-chicago/)

## Discuss your Case with Our Melrose Park Divorce Attorney Today

Making the decision to dissolve your marriage requires a lot of thought and consideration, not to mention prior preparation so that the divorce proceedings can go smoothly. The final outcome of your divorce can have a big impact on your life, so it is recommended to work with an attorney who can best protect your rights and interests, and strive to get favorable results.

[Contact](https://familylawadvocate.com/contact-us/) Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation with our Melrose Park divorce attorneys. We have offices in Chicago and Skokie, Illinois.

---

### [Cicero Child Support Attorneys](https://familylawadvocate.com/child-support-attorney-cicero-il/)

**Published:** February 27, 2018
**Author:** familylawadvocate

**Content:**

Any legal issue is almost always fraught with anxiety and stress, especially when it comes to obtaining the proper legal representation during the sensitive process of determining child support.

## What is Child Support?

![Cicero Child Support](https://familylawadvocate.com/wp-content/uploads/2018/02/Cicero-Child-Support-300x194.jpg "Cicero Child Support | Chicago & Skokie Divorce & Family Law Attorneys")Child support is the payment that is made by one parent to their partner after a separation/divorce as assistance for the proper care of their children. Child support is usually payable until the child reaches (18) years of age and graduates from high school, but can also be stopped earlier if the child marries, or becomes self-sufficient.

At Gordon & Perlut, LLC, our years of experience and focused [family law](https://familylawadvocate.com/family-law/) practice in the state of Illinois enables us to provide the best representation to our clients. We have the legal knowledge and experience you need and will serve as your family law advocates.

## New Illinois Child Support Law

[On July 1, 2017, the laws governing paid child support were amended](https://illinois-family-lawyer.com/blog/articles/new-illinois-child-support-law-taking-effect-in-2017/#:~:text=Under%20present%20law%2C%20child%20support,income%20minus%20certain%20specified%20deductions.&text=The%20new%20law%20takes%20effect%20July%201%2C%202017.) and are now based on two factors:

- The joint income of both parents
- The total amount of parenting time given to each parent by the court

Under the new Illinois law – first, the net income of both parents is calculated and added together to make a grand total; second, the average amount to be spent on supporting an appropriate number of children is determined (with the use of the table provided by HFS); and third, this average amount spent (for the support of the appropriate number of children) is divided between the two parties (based on the percentage of the net income that is contributed to the total net income by each parent).

The parent who has been awarded the majority of time with their children by the court is presumed to pay their share of child support, while the parent who has been awarded the least amount of time with their children pays their share of child support to the other parent.

The new law also addresses the situation pertaining to payer parents with regards to any additional downward adjustment. For instance, the new law includes an additional downward adjustment in child support payments to the party that has a total of 146 or more overnights per annum with their children.

To take away any confusion regarding the updates to the law, a table has been created by the State of Illinois which addresses the matter in detail. To get the complete breakdown of the new law, click below.

## Income Shares Schedule Based on New Income

The changes to the new statute bring about fairness and consistency when it comes to a delicate situation such as determining the amount of child support owed by a parent.

## Contact a Skilled and Reliable Cicero Child Support Lawyer Today

To find out more about how we can help you with regards to child support issues after going through the difficult time of divorce, feel free to contact Gordon & Perlut, LLC at 312.360.0250 today.

---

### [Oak Park Divorce Attorney](https://familylawadvocate.com/divorce-attorney-oak-park-il/)

**Published:** February 27, 2018
**Author:** familylawadvocate

**Content:**

Once a marriage breaks down, it is important for a couple to not only consider their financial arrangements but also their children. When it comes to getting a [divorce](https://familylawadvocate.com/divorce/), every case requires a different approach. Retaining an experienced lawyer from Gordon & Perlut, LLC means you get an advocate that can offer you the highest degree of legal representation during your case.

## Making the Right Choice

When it comes to the delicate task of dissolving a marriage, it is easy to go into an adversarial mindset. But to come to an appropriate agreement to settling family and finance-specific situations during a divorce, you need to engage a skillful and experienced attorney that will get you the results you seek. There are two ways under which couples can go about their divorce agreement.

## Uncontested Divorce

The first is known as ‘Uncontested Divorce’ where both parties in the divorce agree to the specified terms of the agreement and the settlement. This process involves traditional negotiation by representatives of both parties. This spares both parties from having to go through the process of a contested case, which can be extremely stressful. An uncontested divorce is also less expensive and allows both parties to come to a suitable agreement that’s finalized by court order.

## Contested Divorce

![Oak Park Divorce](https://familylawadvocate.com/wp-content/uploads/2018/02/Oak-Park-Divorce-300x169.jpg "Oak Park Divorce ")

The second type of Oak Park Divorce or case in Illinois is a ‘Contested Divorce.’ This is when either one or both parties do not come to an agreement on ancillary issues. This requires the parties to appear before a judge, who then issues a ruling. In situations where highly emotional issues are at stake, such as financial issues or [child custody](https://familylawadvocate.com/divorce/child-custody/), a contested divorce is the only way forward. Regardless of your circumstance, Gordon & Perlut, LLC can guide you through every step of the way during your Oak Park divorce.

## Why Gordon & Perlut, LLC?

Gordon & Perlut, LLC has developed a strong reputation for delivering results for our clients in and around Oak Park. While going through a divorce in the State of Illinois, you are going to require the proper legal representation and advice on the best way to move forward. As an accomplished Oak Park divorce law firm, Gordon & Perlut, LLC allows you to rely on professionals who are always thorough, committed to your cause, and are able to utilize their knowledge and experience to help obtain a favorable outcome.

## Your Divorce Deserves the Attention of an Experienced Attorney

If you’re considering a divorce in [Oak Park,](https://www.oak-park.us/) then you are going to need the services of an experienced lawyer. To find out more about your options during a divorce, please feel free to contact Gordon & Perlut, LLC at 312.360.0250.

---

### [Illinois Divorce Lawyer Serving Clients in LaGrange](https://familylawadvocate.com/divorce-attorney-lagrange-il/)

**Published:** April 30, 2018
**Author:** familylawadvocate

**Content:**

Filing for divorce is often one of the most difficult decisions you will have to make, and it is a decision that comes with many different complex issues. When you file for divorce in LaGrange, Illinois, it is important to understand that your case will involve the [distribution of marital property](https://familylawadvocate.com/divorce/property-division/), and depending upon the specific circumstances of your case, it may also involve [spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/), [child custody](https://familylawadvocate.com/divorce/child-custody/), or the allocation of parental responsibilities, and [child support](https://familylawadvocate.com/divorce/child-support/). These are all complicated areas of divorce law, and it is important to have an experienced [LaGrange divorce lawyer](https://familylawadvocate.com/contact-us/) on your side throughout the process.

An attorney at the law offices of Gordon & Perlut, LLC will help you to understand how the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), as well as other relevant laws, will apply to your case, and we will advocate for your rights every step of the way.

## Divorce Issues We Handle for Clients in LaGrange

Our LaGrange divorce team handles a wide variety of issues in divorce cases, including but not limited to:
![LaGrange Divorce Lawyer](https://familylawadvocate.com/wp-content/uploads/2018/04/LaGrange-Divorce-Lawyer-300x234.jpg "LaGrange Divorce Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")

- Filing for divorce;
- Complex property division;
- Spousal maintenance;
- Child custody or the allocation of parental responsibilities;
- Parenting time;
- Parenting plans;
- Child support; and
- Modifications.

## Filing for Divorce in LaGrange

Under the IMDMA, the process of filing for divorce is relatively straightforward. The party who wants to file for divorce will file a petition for the dissolution of marriage. Under Illinois law, there is no longer such thing as fault-based divorce. Instead, Illinois divorce is entirely a “no-fault” system, which means that the party who files for divorce only needs to assert that “irreconcilable differences have caused the irretrievable breakdown of the marriage.” To grant the divorce, the court only then must find that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

What does a party need to present in order to prove irreconcilable differences? As long as the married couple has been living separate and apart for at least six months, there is a presumption of irreconcilable differences and no other evidence is necessary.

## LaGrange Property Division

In LaGrange, Illinois, marital property is divided according to a theory known as “equitable distribution.” This means that any marital property, which includes both assets from the marriage as well as debts from the marriage, will be distributed to or divided between the parties in a manner that is fair but not necessarily equal. Non-marital property, which is also known as separate property, is not divisible. In some cases, spouses may be able to negotiate a property settlement with the assistance of a LaGrange divorce lawyer.

## Seek Advice from a Divorce Attorney in LaGrange, Illinois

If you are contemplating divorce, an experienced advocate in LaGrange, Illinois can assist with your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) for more information and to schedule a consultation with our [LaGrange divorce lawyers](https://familylawadvocate.com/contact-us/).

---

### [Lincolnwood Child Support Lawyer](https://familylawadvocate.com/child-support-attorney-lincolnwood-il/)

**Published:** March 15, 2019
**Author:** familylawadvocate

**Content:**

In Illinois, both parents are responsible for providing for a child financially. In the event of a divorce or family break up, the state of [Illinois ensures that this is happening by enforcing the “income shares” model of child support](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx). If you need help getting a child support order, enforcing a child support order, modifying a child support order, or understanding your child support obligation, our Lincolnwood child support lawyers at the offices of M. Scott Gordon can help.

## Lincolnwood Income Shares Model

![Lincolnwood Child Support Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/03/Lincolnwood-Child-Support.jpg "Lincolnwood Child Support Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")In previous years, child support was calculated by looking at the non-custodial parent’s income. Today, the revised law recognizes the “income shares” model of calculating a child support award.

Under the income shares model, both parents’ incomes are considered in calculating an award. Then, the amount that each parent owes is calculated based on the total income of the parents, the number of children, and how much each parent contributes to the total income proportionately.

For example, the[ child support guidelines in Illinois](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf) hold that parents who make a combined adjusted net income of $15,000 per month “owe” a single child $1,811 in child support per month. If the custodial parent earns $5,000 of the $15,000, and the noncustodial the other $10,000, then the noncustodial parent will be responsible for about 66.66 percent of the $1,811, or $1,207 ($10,000 is 66.66 percent of $15,000).

Of course, the specific amount that a parent may owe can be modified based on special circumstances, such as the special needs of a child.

## Enforcing and Modifying a Child Custody Order

When a child support order is issued by a court, a parent has a legal obligation to adhere to it. If they do not, action against them may be taken, including holding the delinquent parent in contempt of Court. If you are seeking child support payments, you deserve to receive those payments, and should not hesitate to take action. If you are behind on payments or unable to make payments, it is important that you inform your ex-spouse of this immediately and contact the court to inform them of your situation and seek legal guidance.

If a parent needs to modify a child support order for any reason, they may file a modification request with the court. However, the modification will only be granted if a significant change in circumstances has occurred and can be demonstrated to the court. For example, if a parent loses their job, the court may agree to a modification of a child support order.

## Our Lincolnwood Child Support Lawyers Can Help

Child support payments are very important, both for a custodial parent and the child in question. To learn more about how child support payments are calculated in Illinois and why working with a [Lincolnwood child support lawyer](https://familylawadvocate.com/contact-us/) is so important, please call our lawyers directly today. We understand your situation and are here to help.

---

### [Norridge Illinois Divorce Lawyer](https://familylawadvocate.com/divorce-attorney-norridge-il/)

**Published:** March 15, 2019
**Author:** familylawadvocate

**Content:**

![Norridge Illinois Divorce Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/03/Norridge-Divorce.jpg "Norridge Illinois Divorce Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")While deciding to get married can be as simple as signing a legal document that recognizes your relationship as a valid and legal union, getting a divorce is not nearly as straightforward. In fact, couples cannot just divorce in Norridge and Illinois without going through a specific process that requires the couple to come to an agreement regarding various issues in a divorce and pay specific divorce fees. With that in mind, our Norridge divorce lawyers at the Law Offices of Gordon & Perlut, LLC are ready to provide you with counsel and guidance.

## Navigating Your Norridge Divorce

If you and/or your spouse would like to divorce in Illinois, it’s important that you understand the [requirements for ending a marriage.](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000) These include:

- Residency requirements. In order to file for a divorce in Norridge, you or your spouse must be a resident of Illinois (defined as living within the state for a time period of no less than 90 days).

- Grounds for filing. You cannot just file for divorce in Illinois; you must state the grounds on which you are seeking the dissolution of your marriage. While Illinois used to recognize fault-based grounds for divorce, including impotency, bigamy, adultery, and more, divorces today are filed on no-fault grounds. A no-fault divorce claims that the marriage is “irretrievably broken.”

- Separation period. Before a couple’s divorce can be finalized, they must be “separated” for at least 6 months before the divorce can be finalized.

- Reaching a divorce settlement. Finally, before a marriage can be officially and legally ended, couples must reach an agreement about the various issues in a divorce, including property division, child custody and support, and spousal maintenance. If they can not reach an agreement, the Court will (eventually) set a Trial date.

## How Our Norridge Divorce Lawyers Can Help

At the Law Office of Gordon & Perlut, LLC, we understand how complicated filing for a divorce can be, and we are prepared to assist you. When you choose our law firm, we will provide you representation by:

- Explaining the law and your rights pertaining to it;
- Representing you in all negotiations;
- Hiring experts (if needed) to build your case and advocate for your interests;
- Reviewing all contracts and agreements; and
- Representing you in court if a settlement cannot be reached.

We will also be available to answer any questions you have, and will always respond promptly to your calls, texts, or emails.

## Call Our Norridge Divorce and Family Law Lawyers Today

Divorce isn’t something you have to–or should–pursue alone. Working with a skilled lawyer almost always results in a better outcome than you would achieve otherwise. For legal representation that you can trust, call our [Norridge divorce lawyers](https://familylawadvocate.com/contact-us/) for an initial consultation. We will work with you to help you get everything you want out of a divorce settlement, reduce costs, and reach a settlement as quickly as possible.

---

### [Riverside Illinois Family Law Attorney](https://familylawadvocate.com/family-law-attorney-riverside-il/)

**Published:** January 21, 2020
**Author:** familylawadvocate

**Content:**

*For help making sense of your family law issues, call our Riverside family law attorneys. We have years of experience and are compassionate and empathetic in our approach.*

While the various branches of civil law present unique challenges for those who are involved in a civil law case, family law issues can be particularly emotional and trying. At the law offices of Gordon & Perlut, LLC, our Riverside family law attorneys can help you to understand the [Illinois laws](https://statelaws.findlaw.com/illinois-law/illinois-family-laws.html) related to your [family law](https://familylawadvocate.com/family-law/) issue, reach a resolution with others involved, and aggressively fight for your best interests. Call us today to learn more about how we can help.

## Our Riverside Family Law Practice Areas

Our Riverside family lawyers have years of experience working for clients in Riverside and surrounding areas. We have been involved in a wide range of family law case types over the years. Today, our family law practice areas include:

- [Divorce.](https://familylawadvocate.com/divorce/) Divorce is one of the most common reasons clients call our law firm. If you are thinking about separating from your spouse, be sure to have qualified representation on your side.
- [Child custody](https://familylawadvocate.com/divorce/child-custody/) and [child support](https://familylawadvocate.com/divorce/child-support/)**.** The issue of who will have “custody” of your children can be contentious and emotional. We can help you to understand the law, reach an agreement, and represent you. We’ll also guide you through the basics of child support and help get a support order.
- Pre- and post-marital agreements. Whether you are planning to get married and want some security or are already married – a prenuptial or post-nuptial agreement can offer peace of mind and protection in the event of divorce or the death of a spouse.
- Domestic violence and [orders of protection](https://familylawadvocate.com/divorce/orders-of-protection/). If you are a victim of [domestic violence](http://www.illinoisattorneygeneral.gov/women/ordersofprotection.html), you need help now. Our lawyers are here to protect your confidentiality, advise how to stay safe, and help get you a legal order of protection (restraining order) for yourself and your minor children.
- [Guardianship.](https://familylawadvocate.com/divorce/guardianships/) A guardian may be appointed to a minor when neither parent is able to manage parental responsibilities. This can be extremely challenging for both the child and any adults involved. It is key a skilled and experienced lawyer is involved in the process.

## Reach Out to Our Riverside Family Law Attorneys Today

Being involved in a family law issue can take a lot out of you. At the law offices of Gordon & Perlut, LLC, our [Riverside family law lawyers](https://familylawadvocate.com/contact-us/) are committed to providing you with the high-quality representation you deserve. We will work hard for you, take a personalized approach to your case, and will remain available and accessible throughout its duration. Call us today to schedule a consultation and get started.

---

### [Rosemont Illinois Divorce Attorney](https://familylawadvocate.com/divorce-attorney-rosemont-il/)

**Published:** January 21, 2020
**Author:** familylawadvocate

**Content:**

*If you’re facing a divorce in Rosemont, our Rosemont divorce lawyers can provide you with counsel and representation*

Located outside Chicago, Rosemont is a favorite place to live for families and couples with adult partners who commute into the city to work. At the law offices of Gordon & Perlut, LLC, our divorce and family law attorneys serve those in Rosemont and surrounding areas and can help you understand what papers you’ll need, where to file and issues you’ll need to resolve in your divorce. We can also provide representation every step of the way. To learn more, reach out to our team today.

## Contested vs. Uncontested Divorce in Rosemont

Whether your [Rosemont divorce](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000) is contested or uncontested, our divorce lawyers can help. An uncontested divorce is one where all issues related to the divorce are agreed upon by the couple. While this type of divorce is much faster, it is very important you still work with an attorney. An attorney can help ensure all paperwork is filled out accurately and in full and ensure your divorce settlement is fair and doesn’t compromise your best interests.

If your divorce is contested, which means issues are not agreed upon by you and your spouse, then working with a lawyer is even more important. Our divorce lawyers can help you to understand each issue in a divorce, as well as resolve them.

## Issues in a Divorce

When you and your spouse decide to part ways, you will need to come to an agreement about key issues before your divorce can be finalized. You are strongly encouraged to settle these issues out-of-court through negotiation and mediation. If you are unable to reach an agreement, you will have to go to trial, which is expensive and time-consuming. Issues that must be resolved in a divorce include:

- [Division of property.](https://familylawadvocate.com/divorce/property-division/) Before a couple can legally part ways, they must determine how marital property will be divided between them. In Illinois, property must be divided in a way that is equitable, which does not necessarily mean equal.
- [Child custody.](https://familylawadvocate.com/divorce/child-custody/) Typically, the most contentious issue in a divorce is child custody. The court supports custody arrangements that bring both parents into the child’s life. This is not always possible – especially if there are extreme circumstances, such as abuse or drug use.
- [Child support.](https://familylawadvocate.com/divorce/child-support/) Both parents are responsible for financially providing for their children; typically, this means the non-custodial parent will make child support payments to the custodial parent.
- [Alimony/spousal support.](https://familylawadvocate.com/maintenance-aka-alimony/) For those who have been financially dependent on their spouse throughout the course of the marriage, spousal maintenance may be appropriate.

## Call Our Rosemont Divorce Lawyers Today

If you are seeking a divorce in Rosemont, call our [Rosemont divorce lawyers](https://familylawadvocate.com/contact-us/) at the law office of Gordon & Perlut, LLC today for the counsel and guidance you can trust. Our team is here to serve you.

---

### [Northlake Divorce Lawyer](https://familylawadvocate.com/divorce-attorney-northlake-il/)

**Published:** February 13, 2020
**Author:** familylawadvocate

**Content:**

*Filing for a divorce is one of the most difficult things you may ever do. For support along the way, reach out to our Northlake divorce lawyers.*

If you live in Northlake, IL, then you probably already know the city’s slogan: “[The city of friendly people](https://www.northlakecity.com/).” While it’s true that Northlake is certainly a community of affable folks, and while Northlake may be a desirable Chicago suburb for living, augmented by features such as the Centerpoint Preserve, things may be anything but friendly between you and your spouse if you’re thinking about separation. If divorce is on your mind or if you have initiated the divorce process, our Northlake divorce lawyers at the law office of Gordon & Perlut, LLC can represent you. Call us today to learn more.

## Contested and Uncontested Divorce Lawyers in Northlake

As you and your spouse navigate the process of filing for a divorce, whether or not the divorce is contested or uncontested will have a significant impact on the process. If your divorce is uncontested, it means that you and your spouse are in agreement about all issues in the divorce. If your divorce is contested, on the other hand, this means that you and your spouse are in disagreement about one or more issues in the divorce, such as the [custody of your children](https://familylawadvocate.com/divorce/child-custody/), [division of your property](https://familylawadvocate.com/divorce/property-division/), or whether or not [alimony](https://familylawadvocate.com/maintenance-aka-alimony/) will be part of the divorce settlement.

If your divorce is contested, you may want to consider working with a mediator to resolve the contested issues. If [divorce mediation](https://familylawadvocate.com/family-law/mediation/) is unsuccessful, you’ll need an attorney to assist in the upcoming litigation process. Our divorce lawyers can provide divorce litigation representation.

## Filing for a Divorce

Before you or your spouse can file for divorce in Illinois, you’ll need to meet residency requirements. The residency requirement for divorce is that at least one spouse has lived within the state of Illinois for a minimum of 90 days prior to filing.

## Grounds for Divorce

In order to seek a [divorce in Illinois](https://familylawadvocate.com/divorce/), there is no need for either spouse to prove the fault of the other; instead, parties can seek a divorce on the grounds that irreconcilable differences have led to the irretrievable breakdown of the marriage. As found in [Illinois statute section 750 ILCS 5/401 (a-5)](https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm), if the parties have lived separate and apart for a period of at least six months, there will be an irrebuttable presumption that the irretrievable breakdown of the marriage has occurred.

## Call Our Northlake Divorce Lawyers Today

At the law offices of Gordon & Perlut, LLC, we understand how emotional and heart-wrenching legally separating from your partner can be. Our team is here to provide you with guidance and support throughout the process, representing you as you negotiate tough issues, manage documents and paperwork, and protect your best interests. For the support you’re looking for, call our experienced Northlake divorce lawyers today to schedule a consultation.

---

### [Northlake Child Support Attorney](https://familylawadvocate.com/child-support-attorney-northlake-il/)

**Published:** March 27, 2020
**Author:** familylawadvocate

**Content:**

*Known as “[the city of friendly people](https://www.northlakecity.com/)“, Northlake, Illinois may be the perfect place to have a family and raise a child. But for parents who are divorcing, whether or not residents are friendly is the last thing on your mind. Instead, parents will need to make tough decisions about issues like child support and child custody, both of which can be divisive issues. At Gordon & Perlut, LLC, our Northlake child support lawyers can help you to understand your rights and options regarding child support, whether you are the parent seeking support or the parent from whom support is being sought. Call our team today to learn more.*

## Who Has to Pay Child Support in Northlake?

In Illinois, both parents have a duty to provide for their child financially, regardless of what the parents’ marital status is. When parents divorce or separate, the court assumes that the custodial parent is providing for their child by virtue of having custody and, as such, the non-custodial parent will be ordered by the court to make recurring support payments.

## For How Long Is a Parent Obligated to Make Child Support Payments?

A parent is obligated to make child support payments in most cases until the child turns 18 years of age, graduates from high school, or in the event that the child emancipates themselves from their parents. Note that in some cases, a support payment may continue past the age of 18/high school graduation. For example, if the child has a disability, parents may be expected to provide support past the child reaching the age of majority. And don’t forget college; both parents can be ordered to assist with college expenses.

## How Is Child Support Calculated in Northlake?

In Illinois, child support is calculated using the “income shares model”. This means that both parents’ incomes are taken into account in calculating a joint support amount, and then each parent is responsible for supporting their child/paying that amount in proportion to their income. For example, consider a situation in which jointly, parents pay $10,000 per month, with custodial parent A making $4,000, and non-custodial parent B making $6,000. If the parents have one child, then [child support guidelines published by the state of Illinois](about:blank) hold that the child is entitled to $1,445 in child support per month. The custodial parent would be responsible for 40 percent of that because they contribute 40 percent of the parents’ total net income per month. The noncustodial parent would then be responsible for 60 percent of that, or $867 per month.

## Learn More About Northlake Child Support

If you are a parent in Northlake who is divorcing and have questions about [child support](https://familylawadvocate.com/divorce/child-support/), our Northlake child support lawyers at Gordon & Perlut, LLC can help. Call our team today or send us a message to request a consultation at your convenience. We work on a variety of family law matters, including child custody cases, too.

---

### [Riverside Child Support](https://familylawadvocate.com/child-support-attorney-riverside-il/)

**Published:** April 14, 2020
**Author:** familylawadvocate

**Content:**

*If you are a parent in [Riverside](https://www.niche.com/places-to-live/riverside-cook-il/) who does not have primary custody of your child as the result of a divorce or separation, you will likely be required to make child support payments to the child’s other parent. Indeed, both of a child’s parents are required to provide for their child financially. Whether you are being asked to pay support or are seeking support from your child’s other parent, our Riverside child support lawyers at the law office of Gordon & Perlut, LLC can help you. Please call us today to learn more.*

## Determining Child Support in Riverside

Both parents in Illinois are financially responsible for providing for their children. If a parent has primary physical custody of a child, then it is assumed they are meeting this obligation. As such, the *non-custodial parent* will be ordered by the court to make child support payments. The state of Illinois uses the income-shares model to determine the child support obligations of each parent.

The [income-shares model](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf) considers the adjusted net income of both parents collectively. Based on parents’ combined income and the number of children supported, the amount of child support owed is determined. The total amount of support owed will be divided amongst the parents proportional to each parent’s income. For example, if parents owe a collective $500 per month in child support payments and the non-custodial parent is responsible for 75 percent of the parent’s combined monthly net income, then the non-custodial parent will be responsible for 75 percent of the $500, or $375.

## How Our Riverside Child Support Lawyers Can Help

Our law firm provides a variety of legal support services for parents who are seeking child support payments and parents from whom support is being sought. Our services include:

- Establishing paternity
- Explaining to you your rights and obligations under the law
- Bringing forth a request for child support
- Helping you to understand how child support is calculated
- Presenting any special circumstances of your case to the court
- Representing you in a modification of a child support order case

We can also help you in investigating your spouse’s financial circumstances to ensure that correct income and assets are reported to the court for the purpose of calculating an award. Further, we can organize financial documents on your behalf and, of course, represent you in all court hearings, interactions with your spouse, and more.

## Call Our Riverside Child Support Attorneys Today

Child support payments are an essential element of ensuring that a child receives the support they need when their parents are separated or divorced. If you have questions about how to initiate a request for child support, how a child support order is calculated, or what to do if you need to modify a child support order, we can help. Please call our [Riverside child support attorneys](https://familylawadvocate.com/contact-us/) today at 312-360-0250 for a consultation and the guidance you need during this difficult time.

---

### [COVID emergency orders of protection](https://familylawadvocate.com/covid-emergency-orders-of-protection/)

**Published:** April 23, 2020
**Author:** familylawadvocate

**Content:**

The pressure on couples right now is intense, especially for people already under stress. Initial reports nationwide are that incidents of violence in the home have increased exponentially over the past month. If you are trapped at home during this crisis and are being abused, you do not need to accept that situation. Our courts are open during this COVID crisis, and you should not hesitate to seek protection.

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 ![](https://familylawadvocate.com/wp-content/uploads/2020/04/form-download.png)

Not everyone can file a Petition For Order of Protection, but if you are trapped at home with an abusive spouse, boyfriend/girlfriend, or other family members, you certainly qualify under the law to ask for help. “Protection” is not just protection from physical violence; it can also be “harassment” (conduct that has no purpose except to cause emotional distress) – this also includes stalking or hiding your child from you. “Protection” may also be needed for an older or otherwise dependent adult who is being “intimidated”, either physically or by depriving that person of what they need, or taking advantage of them financially.

This is not a complete summary of the [Illinois Domestic Violence law](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59), but we want you to understand that while millions of Americans are “staying-in-place” at home, many are trapped in terrible situations. While the courts appear closed, they are in fact open to a certain extent, especially in situations to protect the public. For a more detailed look at how the law works, please visit [ https://familylawadvocate.com/divorce/orders-of-protection/](https://familylawadvocate.com/divorce/orders-of-protection/)

You can file your Petition For Order of Protection without notice to your abuser. If the Court grants your request, you will be given a 21day order and your case will be heard again with the abuser given the opportunity to defend themselves. While it is not assured, the Judge has the power to remove the abuser from the home immediately, with the Police.

## Seek Advice from a Chicago Area Attorney

If you need help, call us to assist you in preparing the proper Petition and other documentation, so that we can then present the Petition in Court and get you the relief you need. One of the experienced attorneys at our firm can speak with you today about your situation and options for making a plan. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to clients in the Chicago area.

---

### [COVID-19 Parenting Time Mediation](https://familylawadvocate.com/covid-parenting-time-mediation/)

**Published:** April 23, 2020
**Author:** familylawadvocate

**Content:**

COVID-19 and the restrictions caused by this pandemic are creating additional problems for many parents who are subject to the terms of court-ordered parenting time schedules. We at Gordon & Perlut, LLC are here to help through “Zoom” video conferencing to assist parents in these difficult times.

 × 

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The biggest challenge is that many parents are concerned about exchanging children for parenting time during travel bans, and worry that it is unsafe for children to travel between two different households. While parents are trying to argue that the stay-at-home order in Illinois is a basis for keeping the children at one parent’s house, this is not true. Governor Pritzker’s executive order specifically states “essential travel” includes “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.”

One situation we have seen developing over the past few weeks is simply a difference in how strict each parent is in enforcing the “stay in place” mandate. While most parents interpret the rule strictly and restrict any type of meetings outside of the family home and allow no one inside (such as friends), others are not as strict. We have already had to file an emergency Petition where one parent was allowing their child to see his friends, thus exposing himself and others to the virus in a clear violation of the Governor’s order.

Obviously, there are always exceptions, and a different set of facts and circumstances may warrant a different requirement. For example, if one parent or household member has been exposed to the virus then you may need to file an emergency motion to stop parenting time if there is no agreement between the parents. Therefore, when in doubt consult an attorney. However, absent any unusual circumstances, parenting schedules are to remain in effect.

Mediation is always an option to assist your family while access to court is limited. With all of the stress and anxiety around COVID, many parents in separate households are having difficulty managing the situation. This only creates more nervousness for your children; they see what is going on and pick up the tension. Mediation can help you immediately address these concerns while courts are closed. We have already found through Zoom mediations that most parents want to resolve disputes during this crisis, but don’t know how. Using one of our skilled mediators could be the key to helping your family manage during this difficult time.

## Seek Advice from a Chicago Area Attorney

f you need help, call us to assist you in mediating your [visitation/parenting time](https://familylawadvocate.com/divorce/visitation/) issues. One of the experienced mediators at our firm can speak with you today about your situation and options. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide in the Chicago area.

---

### [Cicero Child Custody Attorney](https://familylawadvocate.com/child-custody-attorney-cicero-il/)

**Published:** September 18, 2017
**Author:** familylawadvocate

**Content:**

At Gordon & Perlut, LLC, we know the value of a family. That is why our Cicero attorneys give high importance to child custody issues and work to resolve matters amicably to keep the relationships of children with both parents intact.

When children are involved in a divorce case, it takes a toll on their emotional wellbeing. After the decision is finalized, they are deprived of the combined love and care of both parents that they used to enjoy when their parents were living together. In such circumstances, it is best to have a compassionate and experienced attorney by your side who will put a great deal of emphasis on securing the future wellbeing of your children and help you realize what is in their best interest. ![](https://familylawadvocate.com/wp-content/uploads/2017/09/cicero-child-custody-300x200.jpg "cicero-child-custody | Chicago & Skokie Divorce & Family Law Attorneys")

## Dedicated Cicero Attorneys Helping Clients Handle Child Custody Issues

When seeking the legal services of an attorney in Cicero, Illinois to handle your child-related matters in a divorce case, you need someone who is experienced and has an intimate understanding of the latest laws and regulations.

At Gordon & Perlut, LLC, we believe that in order to provide the best results to clients, it is extremely important to stay up-to-date with the changing legal landscape. Our dedicated attorneys are well-versed in updated Illinois statutes pertaining to child custody and other family law concerns.

## Changes to Illinois Laws Governing Child Custody Matters

Recently, several alterations were made to the [Illinois Marriage and Dissolution of Marriage Act (IMDMA)](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) that replaced the concepts of sole or joint custody. Now, parents are expected to play their part in raising their child even after divorce through an allocation of parental responsibilities. Each parent is also designated an adequate amount of parenting time based on several factors.

The parent with the most amount of parenting is granted physical custody of the child where they are required to meet their basic needs such as food, shelter, schooling, clothing, and others. Both parents are allocated specific responsibilities based on the role they used to play in their child’s life before the divorce.

The new law has also placed changed limitations on custodial parent’s relocation. If they want to move more than a certain distance away from the other parent, they will have to get permission from the court before they can relocate. All of these determinations are laid out in the parenting plan – a comprehensive legal document comprising of details of the child custody order.

## Discuss Your Case with a Cicero Child Custody Attorney Today

At Gordon & Perlut, LLC, we know how important your children are to you, and will assist you in fighting for what is best for them. Our Cicero attorneys strive to negotiate fair child custody arrangements and aggressively advocate your interests and rights to help you obtain a favorable outcome for your case. [Contact](https://familylawadvocate.com/contact-us/) Gordon & Perlut, LLC today at 312.360.0250 or use our online form to schedule an initial consultation. Our Cicero child custody attorneys will be happy to discuss your case.

---

### [Illinois Child Custody Attorney Assisting Clients with Allocation Judgments and Parenting Plans in Oak Park](https://familylawadvocate.com/child-custody-attorney-oak-park-il/)

**Published:** April 30, 2018
**Author:** familylawadvocate

**Content:**

When you are going through a divorce and have children from the marriage, child custody issues can be some of the most contentious and difficult legal matters to handle. Anyone who is considering divorce and has kids with their spouse should know that Illinois child custody law has changed. The [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA) no longer uses the language “child custody” or “visitation,” but instead has shifted to using the terms “parental responsibilities” and “parenting time.”

The idea is that the changes to the law better reflect the close relationship and bond that parents and children have with one another. If you are filing for divorce and need assistance with your child custody case, an [Oak Park child custody attorney](https://familylawadvocate.com/contact-us/) can assist you.

## Learning More About Oak Park Parental Responsibilities and Parenting Time

What are parental responsibilities and parenting time? Under the IMDMA, parental responsibility is a term that refers to both significant decision-making responsibilities for a child as well as caretaking functions.

Caretaking functions include but are not limited to:
![Oak Park Child Custody](https://familylawadvocate.com/wp-content/uploads/2018/04/Oak-Park-Child-Custody-300x200.jpg "Oak Park Child Custody | Chicago & Skokie Divorce & Family Law Attorneys")

- Satisfying a child’s nutritional needs
- Managing a child’s bedtime
- Taking care of the child during sickness or injury
- Directing the child’s developmental needs
- Helping the child to learn manners
- Supervising the child’s chores
- Ensuring that the child attends school
- Helping the child to learn to develop relationships with family members and peers
- Ensuring that the child attends medical appointments
- Providing moral and ethical guidance for the child

Significant decision-making responsibilities do not involve daily care of the child, but instead making decisions about the child’s education, religious upbringing, and medical care, for example.

What is parenting time? This term refers to the time during which a parent provides care for the child and makes non-significant decisions.

## Developing a Parenting Plan in Oak Park

When parents cannot come to an agreement about how they will share parental responsibilities, the court will make this decision. This is known as an Allocation Judgment through which the court allocates parental responsibilities. However, if parents can agree to how they will share parental responsibilities, Illinois law allows them to enter into a “parenting plan,” which outlines the parental responsibilities and parenting time for each parent.

An Oak Park child custody law with years of experience helping families with many different child custody situations can answer your questions about parental responsibilities and parenting plans. Our firm can also help you to determine whether it is possible to develop a parenting plan with the other parent, or whether you will need to advocate for your rights when a court allocates parental responsibilities.

## Discuss Your Case with an Oak Park Child Custody Attorney

If you are currently going through a divorce and need assistance with your child custody case, an advocate at Gordon & Perlut, LLC can speak with you today about your case. The [Oak Park child custody attorneys](https://familylawadvocate.com/contact-us/) at our firm provide dedicated, personalized representation to each of our clients, and we are committed to serving families in Illinois. [Contact us](https://familylawadvocate.com/contact-us/) today to schedule a free consultation.

---

### [Divorce Attorney Evanston Illinois](https://familylawadvocate.com/divorce-attorney-evanston-il/)

**Published:** January 23, 2019
**Author:** familylawadvocate

**Content:**

## Our Compassionate Lawyers Can Help You as You Navigate Divorce in Evanston, IL

![Evanston Divorce Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/01/Evanston-Divorce-Lawyer-300x200.jpg "Evanston Divorce Lawyer | Chicago & Skokie Divorce & Family Law Attorneys") While marriage is a wonderful thing, it can also be extremely challenging. Over the years together, some couples may decide that remaining within the marriage is too much and that divorce is the best option moving forward.

But divorce isn’t always easy and requires working together to answer numerous questions, such as who will get the kids, what will happen with the house, and more. When you are negotiating a divorce settlement, our Evanston divorce lawyers can represent you.

## Navigating Complex Issues in an Evanston Divorce

Our legal team can help you as you navigate the many complex issues that you will surely encounter during the course of your divorce. These include:

- Filing or responding to a petition for divorce;
- Division of property;
- Child custody / Allocation of Parental Responsibilities;
- Child support;
- Modification of any court orders; and
- Spousal support and alimony.

We represent clients in high-asset divorces, “grey” divorces of seniors, contested divorces, and uncontested divorces.

## How Our Evanston Divorce Lawyers Serve You

Our goal is to serve as your advocate and a resource for information throughout the entirety of the divorce process. When you hire our Evanston divorce lawyers, you can count on:

- Personalized attention;
- A resource to answer all of your legal questions;
- Ongoing, around-the-clock support;
- A legal team who will investigate all elements of your divorce (i.e. hidden assets);
- Skilled negotiators; and
- Talented litigators.

We are also aware of the sensitive nature of divorce and the fact that you need a lawyer who is both compassionate and aggressive. Our team fights for you and your best interests while also ensuring that you are comfortable with the outcome of a divorce settlement and our method. If you have children, we always consider their needs too.

## The Basics of an Illinois Divorce

Our lawyers are also here to guide you through all of the basics of getting divorced in Illinois, starting with understanding the state’s grounds for divorce. Today, the state only recognizes no-fault divorce, which means that the spouses believe that they have irreconcilable differences, and have lived separate and apart for at least six months. There is also a 90-day residency requirement for filing for divorce.

Once you decide to divorce, [you must file a petition for dissolution of marriage, as well as a summons that must be served to your spouse](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ForPeopleWithoutLawyers/FilingandAnsweringaDivorcePetition.aspx). If your spouse is in agreement about the terms of the divorce, then you have an uncontested divorce; otherwise, the divorce is contested, and you must work together to come to an agreement before the divorce can be finalized. If an agreement cannot be reached, a judge will issue a determination on your behalf.

## Call Our Evanston Divorce Attorneys Today to Learn More

We recognize that getting a divorce wasn’t ever part of the plan. If that’s where you find yourself today, call our Evanston divorce attorneys for the assistance that you need. You can reach us by sending us a message or calling our office directly.

---

### [Rosemont Child Custody](https://familylawadvocate.com/child-custody-attorney-rosemont-il/)

**Published:** March 27, 2020
**Author:** familylawadvocate

**Content:**

*Rosemont, Illinois is regarded for its good public schools and is generally known as an area that’s good for families. For parents who are divorcing, this could be a consideration in making a determination about child custody – where will living best serve the child?*

At Gordon & Perlut, LLC, our Rosemont child custody lawyers know that coming to an agreement about custody with your spouse may be one of the most difficult things that you ever do. As you navigate the process, our team can offer legal support, guidance, and representation. Call us today to learn more.

## Child Custody in Rosemont, Illinois

Illinois law no longer uses the term “child custody” when talking about where a child will live after parents divorce; instead, the term “[allocation of parenting time and responsibility](https://familylawadvocate.com/divorce/child-custody/)” is used.

In Illinois, parents of a child are encouraged to work together to determine what the parenting time and parental responsibilities of each parent will be. Except for in extreme circumstances–i.e. Instances of abuse–the courts usually hold that it is in a child’s interests to maintain a relationship with both parents. Parents will work together to create a parenting plan that is submitted to the court for approval.

## How the Court Make Decisions About Child Custody

There are situations in which parents cannot reach an agreement regarding the formation of a parenting plan. When this is the case, the parents will need to go to court, each parent will present their case, and the judge will make a determination about parenting time and responsibilities. The court must do this with the best interests of the child in mind.

A number of factors are considered by a judge in determining the child’s “best interests.” [Per Illinois state statute](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), these include, but are not limited to:

- The wishes of each parenting seeking time and the wishes of the child
- The caretaking functions of each parent
- The child’s relationship with siblings and others
- The child’s adjustment to home, school, or community
- The child’s needs
- The distance between the parent’s residences
- Any other factors determined relevant by the court

## We Know How Emotional a Child Custody Case Can Be

We know that determining where a child lives, what the rights of each parent are, and more can all be very emotional, even if you and your spouse both have the child’s best interests at heart. When you Gordon & Perlut as your law firm, we’ll work hard to make sure you understand the law, what the court is looking for, and best practices for creating a parenting plan, negotiating with your spouse, and litigating your case if it comes down to it.

## Schedule Your Consultation with Our Rosemont Child Custody Lawyer Today

If you have questions about child custody and aren’t sure what your rights are, or if you are worried about losing custody of your child, please call our Rosemont child custody law firm today. At Gordon & Perlut, LLC, we promise to work hard for you. Reach us today by phone or online to get started.

---

### [Illinois Child Support Lawyer Providing Compassionate Representation to Clients in Forest Park](https://familylawadvocate.com/child-support-attorney-forest-park-il/)

**Published:** April 30, 2018
**Author:** familylawadvocate

**Content:**

Illinois courts recognize that both parents have an obligation to support their children. As such, when parents decide to get divorced and one of the parties files a petition for the dissolution of marriage, it is important to recognize that the court is also going to make decisions that affect the children from the marriage. In addition to allocating parental responsibilities, the court will determine the amount of support that should be paid for each child. While Illinois used to rely on a child support model known as the “percentage of obligor net income” model, that model was tied to older laws concerning child custody and visitation.

Now, Illinois courts use an “income shares” model for calculating child support that presumes both parents will contribute to the financial responsibility associated with raising a child. The dedicated team at Gordon & Perlut, LLC can speak with you today about your child support case. Do not hesitate to get in touch with a compassionate [Forest Park child support lawyer at](https://familylawadvocate.com/contact-us/) our firm.

![Forest Park Child Support](https://familylawadvocate.com/wp-content/uploads/2018/04/Forest-Park-Child-Support-300x200.jpg "Forest Park Child Support | Chicago & Skokie Divorce & Family Law Attorneys")

## Understanding the “Income Shares” Model of Child Support in Forest Park

What is the[ income shares model of child support](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx)? To understand, we will tell you a little bit more about the changes to the law that took effect in July 2017. Prior to that date, Illinois calculated the child support obligation based only on the noncustodial parent’s net income. In other words, the court assumed that the noncustodial parent would be paying child support to the custodial parent, and it looked to a table of guidelines for determining the appropriate amount based on the noncustodial parent’s income and the number of children.

Now, however, the court does something much different. The income shares model combines the net incomes of both parents, and then it uses that figure to determine the support obligation. The court still looks to a table of guidelines, but now it uses the combined net income and the number of children to determine a monetary amount of monthly support. Then, the court looks at a number of different factors in calculating each parent’s percentage of that support obligation. For example, if one parent has substantially more parenting time, his or her percentage of the support obligation may be reduced.

## Dedicated Forest Park Child Support Lawyers Helping with Complex Cases

Child support is a complicated issue, and it can be a contentious one. In the best cases, both parents are eager to contribute to the support obligation for their children. In some circumstances, however, one parent may refuse to pay child support, and the other parent may need assistance with child support collections in Forest Park.

No matter what your child support case looks like, you should know that a dedicated Forest Park child support lawyer at our firm can advocate for you and your child.

## Contact an Experienced Forest Park Child Support Attorney Today

Do you have questions about child support in Illinois? A [Forest Park child support attorney](https://familylawadvocate.com/contact-us/) can speak with you today. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to schedule a free consultation.

---

### [Rosemont Family Lawyer](https://familylawadvocate.com/family-law-attorney-rosemont-il/)

**Published:** April 14, 2020
**Author:** familylawadvocate

**Content:**

*No matter how much you love those who you consider to be your family, all families have disputes and conflict, and, for some families, those conflicts are more severe and divisive. Indeed, some issues can be so upsetting or traumatic that they extend beyond what can be handled internally in the home, or even externally with the help of a family therapist or another professional, and instead require legal intervention. At the law offices of Gordon & Perlut, LLC, our [Rosemont](http://www.rosemont.com/) family law attorneys provide a range of family law services for our clients in Rosemont and surrounding areas.*

## Our Rosemont Family Law Practice Areas

Our law firm is prepared to help you navigate some of the most complex and emotional areas of family law. Our Rosemont family law practice areas include:

- **[Divorce](https://familylawadvocate.com/divorce/) and [legal separation](https://familylawadvocate.com/divorce/legal-separation/).** If you are separating from your spouse or are filing for divorce, it is best to have the representation of a trained legal professional on your side.
- **[Property division](https://familylawadvocate.com/divorce/property-division/).** Before a divorce can be finalized, parties must come to an agreement about the division of property and debts.
- **[Child custody](https://familylawadvocate.com/divorce/child-custody/) and [child support](https://familylawadvocate.com/divorce/child-support/).** If you have any children, where those children will live, and what the support obligations of the other parent will be may be the most contentious issue you and your spouse have to resolve.
- **[Alimony/spousal support](https://familylawadvocate.com/maintenance-aka-alimony/).** If you are financially dependent on your spouse at the time of your divorce, an order of spousal support may be appropriate.
- **Post-divorce modification.** In some cases, a decision made at the time of a divorce is no longer appropriate later on. For example, the amount of alimony paid to an ex-spouse may be reasonable at one point, and unreasonable at another due to a change in circumstances. When this is the case, modification of a divorce order can be sought.
- **[Appeals](https://familylawadvocate.com/family-law/appeals/).** If a court makes a ruling about your divorce case that you disagree with, our law firm can help you to appeal your case.
- **[Mediation](https://familylawadvocate.com/family-law/mediation/).** We offer mediation services to our clients to help you reach an agreement about your family law issues with the other party without the need for a trial or litigation.
- **Paternity and [fathers’ rights](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-men/).** We represent both mothers and fathers and can help you to understand your rights regarding child custody and support, as well as how to establish paternity in Rosemont.

## Our Lawyers Are Here to Serve You

We know that of all of the legal issues that a person may face, a family law matter is often one of the most intense, emotional, and life-shaping. If you have a family law matter, don’t wait to get the legal support and help you need – our lawyers are just a phone call away. We can handle 100 percent of your family law case, including preparing documents, investigating your case, handling discovery, negotiating your case, representing you in court, and more.

To learn more about our [Rosemont family law attorneys](https://familylawadvocate.com/contact-us/) and our services, please reach out to us by phone or online at your earliest convenience.

---

### [Divorce Attorneys & Family Lawyers in Chicago and Skokie](https://familylawadvocate.com/divorce-attorneys-family-lawyers-in-chicago-and-skokie/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

# Divorce & Family Law Attorneys with Offices in Chicago and Skokie, IL.

## The Affordable help you need for your Divorce, Custody, Support, and Family Law needs.

Every Legal matter needs an individual approach, one suited to your needs. Some cases require an assertive approach, such as those involving an unreasonable spouse, parent, or institution. In other situations, an approach that helps people resolve their problems in a non-confrontational manner is best. The divorce attorneys of Gordon & Perlut, LLC help you work toward the appropriate solution for your Family Law situation.

Every Client deserves the choice and option about how his or her cases are handled. That is what a true advocate is all about: [advocating for your legal rights](https://familylawadvocate.com/family-law/courtroom-advocacy/). Whether your case is simple or complicated our focus is on what most helps you and your family get the resolution you deserve.

Gordon & Perlut, LLC offers our knowledge and experience at affordable costs. Your best interests are our highest priority. We have the skills to tailor solutions for your specific legal issue. We will always keep you aware of any and all actions we take, and answer all questions from our clients openly and honestly.

Review the [areas of law we practice](https://familylawadvocate.com/aop/ "Legal Areas Of Practice") at the Law Offices of Law Gordon & Perlut, LLC.

A Family Law firm serving all of Cook and Lake County with convenient offices located downtown Chicago and Skokie.

[The Divorce and Family Law Attorneys of Gordon & Perlut, LLC](https://familylawadvocate.com/firm-overview/our-attorneys/) of Gordon & Perlut, LLC are experienced lawyers and mediators licensed to practice in state and appellate courts in Illinois. We bring skill, experience, and dedication to the practice of Family Law. The firm puts its experience to work by promoting a strategy tailored to your Family Law case. We will work hard to reach a resolution in your best interest. Contact The Law Offices of M. Scott Gordon today. We care and can help.

### Contact the attorneys of Gordon & Perlut, LLC committed to your future.

[Contact us today](https://familylawadvocate.com/contact-us/) for seasoned divorce advice using our online form or by calling us at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847-329-0101. We serve the entire Chicago land area and family law clients in Chicago, Wilmette, Des Plaines, Evanston, Lake Forrest, Morton Grove, Mt. Prospect, Skokie, Northbrook, Glencoe, Highland Park, Park Ridge, Niles, and Glenview, for example. Call us today.

## Additional Information

### ![](https://familylawadvocate.com/wp-content/uploads/2016/09/bullet.png) [Illinois Maintenance Calculator](https://familylawadvocate.com/illinois-maintenance-calculator)

### ![](https://familylawadvocate.com/wp-content/uploads/2016/09/bullet.png) Family Law Alternatives

- [Courtroom Advocacy](https://familylawadvocate.com/family-law/courtroom-advocacy/)
- [Mediation and Alternatives](https://familylawadvocate.com/family-law/mediation-alternatives/)
- [Mediation](https://familylawadvocate.com/family-law/mediation/)
- [Appeals](https://familylawadvocate.com/family-law/appeals/)

### ![](https://familylawadvocate.com/wp-content/uploads/2016/09/bullet.png) Matrimonial Law

- [Divorce – Fault vs. No Fault](https://familylawadvocate.com/divorce/fault-no-fault/)
- [Legal Separation](https://familylawadvocate.com/divorce/legal-separation/)
- [Legal Separation Vs Divorce](https://familylawadvocate.com/divorce/legal-separation-vs-divorce/)
- [Steps for Filing Divorce](https://familylawadvocate.com/divorce/steps-for-filing-divorce/)

### ![](https://familylawadvocate.com/wp-content/uploads/2016/09/bullet.png) Financial Issues

- [Property Division](https://familylawadvocate.com/divorce/property-division/)
- [Marital Residence](https://familylawadvocate.com/divorce/marital-residence/)
- [Child Support](https://familylawadvocate.com/divorce/child-support/)
- [Child Support Failure](https://familylawadvocate.com/divorce/child-support/failure-to-pay/)
- [Spousal Maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/)
- [Child Support Collections](https://familylawadvocate.com/divorce/child-support/collections/)
- [College Expenses](https://familylawadvocate.com/divorce-and-college/)

### ![](https://familylawadvocate.com/wp-content/uploads/2016/09/bullet.png) Parental Rights

- [Child Custody](https://familylawadvocate.com/divorce/child-custody/)
- [Visitation](https://familylawadvocate.com/divorce/visitation/)
- [Grandparent Visitation](https://familylawadvocate.com/divorce/grandparent-visitation/)
- [Removal of Children](https://familylawadvocate.com/children-removal-illinois/)
- [Dependent Exemptions](https://familylawadvocate.com/divorce/dependent-exemptions/)
- [Fathers’ Rights](https://familylawadvocate.com/fathers-rights/)
- [Fathers Don’t Push Them Away](https://familylawadvocate.com/fathers-dont-push-them-away/)

### ![](https://familylawadvocate.com/wp-content/uploads/2016/09/bullet.png) Related Topics

- [Unmarried Parents](https://familylawadvocate.com/divorce/unmarried-parents/)
- [Identity Theft](https://familylawadvocate.com/divorce/identity-theft/)
- [Orders of Protection](https://familylawadvocate.com/divorce/orders-of-protection/)
- [Pre-marital Agreement](https://familylawadvocate.com/divorce/pre-marital-agreement/)
- [Guardianships](https://familylawadvocate.com/divorce/guardianships/)
- [Adoption](https://familylawadvocate.com/adoption/)
- [Divorce Advice – Your First Meeting With a Divorce Attorney](https://familylawadvocate.com/meeting-with-your-divorce-attorney/)
- [The Effect of Divorce on Children](https://familylawadvocate.com/children-and-divorce/)
- [How Does a Divorce Impact Your Credit?](https://familylawadvocate.com/divorce-and-credit/)
- [The Most Common Reasons For Divorce](https://familylawadvocate.com/most-common-reasons-for-divorce/)
- [Tips on Making it Through a Difficult Divorce](https://familylawadvocate.com/making-it-through-a-divorce/)
- [Divorce Tips for Introverts](https://familylawadvocate.com/divorce-and-introverts/)

---

### [Westchester Illinois Family Lawyer](https://familylawadvocate.com/family-law-attorney-westchester-il/)

**Published:** February 13, 2020
**Author:** familylawadvocate

**Content:**

*All civil cases can be emotional and challenging, but family law claims are often particularly heart-wrenching. For assistance and support navigating your family law matter, call our experienced Westchester family lawyers today.*

Ranked as one of the more desirable places to live in the Chicago area, the [village of Westchester](https://www.niche.com/places-to-live/westchester-cook-il/) features suburban living, close proximity to the city, numerous parks, and outdoor recreation activities, and affordable homes. While Westchester is the home of countless families, many of these families face matters that require the help of the courts to resolve. If you have a family law matter that you can’t resolve on your own, our Westchester family law attorneys at the offices of Gordon & Perlut, LLC can provide you with the support you need.

## Our Westchester Family Law Practice Areas

Our family law attorneys realize that no two family law cases are exactly alike, and always take a personalized approach to your family law matter. We work on a wide range of family law issues, including:

- [Legal separation](https://familylawadvocate.com/divorce/legal-separation/) and [divorce](https://familylawadvocate.com/divorce/). The majority of our clients come to us seeking services related to divorce. Our team can help you to understand the grounds for divorce and how to file for divorce, as well as represent your best interests when resolving tough issues in a divorce.
- [Child custody](https://familylawadvocate.com/divorce/child-custody/) and [child support](https://familylawadvocate.com/divorce/child-support/). One of the most contentious issues in a divorce or separation case is determining the custody of shared children. In addition to determining child custody, the non-custodial parent will also be responsible for paying child support in an amount that will be determined by the court.
- Pre- and post-marital agreements. For couples who are planning to marry, the formation of a prenuptial agreement can get ahead of contentious issues, such as division of property and spousal support, in the event that a divorce is sought in the future. We can also assist couples with the formation of post-nuptial agreements, too.
- Domestic violence and [orders of protection](https://familylawadvocate.com/divorce/orders-of-protection/). If you are a victim of domestic violence, do not wait another day to take action to protect yourself. Find shelter in a safe location and call our law firm to learn how to get a protection order.
- [Adoption.](https://familylawadvocate.com/adoption/) Adoption is one of the most rewarding and enriching experiences, but one that is rife with legal complexities. If you are thinking about adoption, be sure to have a skilled and experienced family law attorney on your side to represent you.
- [Guardianship](https://familylawadvocate.com/divorce/guardianships/). Guardianship may be necessary for minors whose parents are no longer able to offer care, as well as elderly adults who are disabled and require care from another.

## Call Our Westchester Family Law Attorneys Today

At the law offices of Gordon & Perlut, LLC, our experienced Westchester family law attorneys are here to offer you representation and support as you navigate your family law case. We have the years of experience and track record of success that you want in the lawyer representing you. Call our law firm today to learn more about our Westchester family law lawyers and to schedule your initial consultation.

---

### [Chicago Divorce Lawyers for Women](https://familylawadvocate.com/divorce/chicago-divorce-lawyer-for-women/)

**Published:** February 15, 2017
**Author:** familylawadvocate

**Content:**

When going through a divorce, women often feel insecure and get overwhelmed with apprehension regarding their future, especially when their husband is the primary breadwinner of their household. They become anxious thinking about how they are going to cope with financial burdens after their marriage is dissolved. In the same way, when children are involved, concerns about their future, the emotional impact of divorce, legal and physical custody, meeting their financial needs, and other things become a source of worry for women. With emotions running high and so many important things at stake, it is important for you to have an experienced and reliable [divorce attorney](https://familylawadvocate.com/divorce/) by your side. At Gordon & Perlut, LLC, we believe in compassionate yet aggressive representation, coupled with a wholehearted dedication to fight for your rights and protect your best interests. Our divorce attorneys understand that women approach divorce differently, and seek to accomplish contrasting goals than men. They are concerned about the security of their family and negotiating the best settlement for securing their future.

## We Empower Women in the Chicago Area![Chicago Divorce Lawyers for Women](https://familylawadvocate.com/wp-content/uploads/2017/02/divorce-for-women.jpg "Chicago Divorce Lawyers for Women")

Because of the personal and sensitive nature of marital matters, it is not easy for women to go through a divorce, especially without empathetic and competent support. At Gordon & Perlut, LLC, our women’s divorce attorneys in Chicago have decades of experience in handling family law issues and have helped many women get what they rightfully deserve. We take time out for each client and provide thorough legal counsel regarding every aspect of their divorce case. We believe in educating women of their rights and empowering them with the knowledge they need to make well-grounded decisions for their case and their new life.

Our divorce attorneys have extensive experience and in-depth knowledge of all practice areas of family law and can provide legal assistance in a wide range of matters, including:

- Filing for divorce
- Effectively negotiating [maintenance (alimony)](https://familylawadvocate.com/divorce/spousal-maintenance/) and [child support](https://familylawadvocate.com/divorce/child-support/) matters
- Obtaining orders of protection in case of domestic violence
- Working out a fair settlement for [property](https://familylawadvocate.com/divorce/property-division/) and debt division
- Fighting for [child custody](https://familylawadvocate.com/divorce/child-custody/) and [visitation](https://familylawadvocate.com/divorce/visitation/)
- Defending and seeking post-divorce enforcement and modification

Whether you are planning to file a divorce or going through it, you can rely on our reliable and experienced divorce attorneys to aggressively represent you from the beginning until the resolution of your divorce. Being your ally in your divorce process, we work closely with you to understand your expectations and unique goals. We come up with innovative solutions tailored to suit your specific circumstances and strive to attain the desired outcomes.

## Talk to Our Women’s Divorce Attorney Chicago Today

The divorce attorneys at Gordon & Perlut, LLC are capable of handling both contested and uncontested divorce cases. We understand that you may be confused about your way forward and probably have many questions regarding the divorce process. Contact the Law Offices of Gordon & Perlut, LLC today at 312-360-0250 or 847-329-0101, or use our [online contact form](https://familylawadvocate.com/contact-us/) to schedule an initial consultation and discuss your case with one of our women’s divorce attorneys. We have offices in Chicago and [Skokie, Illinois](https://www.skokie.org/).

---

### [Same-Sex Divorce](https://familylawadvocate.com/chicago-same-sex-divorce/)

**Published:** September 18, 2017
**Author:** familylawadvocate

**Content:**

![Same-Sex Divorce](https://familylawadvocate.com/wp-content/uploads/2017/09/gay-divorce-300x202.jpg "Same-Sex Divorce | Chicago & Skokie Divorce & Family Law Attorneys")Same-Sex marriage has been legalized in Illinois under the [Religious Freedom and Marriage Fairness Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3525&ChapterID=59). This means that, just like any marriage, gay spouses go through the same kind of legal issues such as divorce/separation, pre-nuptial agreements, parenting time and parental responsibilities, alimony (maintenance), and others. Since gay marriages are relatively new, couples face difficulty in understanding how the laws apply to them when it comes to divorce. Homosexual individuals and couples should consider retaining the services of an experienced and reliable attorney to help them navigate through the legal system and understand their rights.

At Gordon & Perlut, LLC, our attorneys have extensive experience in family law matters and in-depth knowledge of the recent developments in Illinois laws pertaining to same-sex marriage and gay divorce. Our law firm provides personalized attention to our clients and works closely at every step of the process to provide a comprehensive legal solution that considers all factors affecting their dissolution of marriage.

## Illinois Laws for the Dissolution of Same-Sex Marriage

For decades, gay couples throughout the United States have been fighting for their rights and the legalization of same-sex marriage. Illinois legalized same-sex marriage on November 20th, 2013, and enacted the Religious Freedom and Marriage Fairness Act, which was put into effect on June 1st, 2014. In 2015, same-sex marriage was made legal in all 50 states after the Supreme Court gave a momentous decision.

Gay couples not only have the right to get married, but they can also file joint tax returns, hold property together, pensions for a surviving spouse, veterans’ benefits, and all other responsibilities and rights that heterosexual couples receive after marriage. This means that gay spouses also have the right to get divorced in the event of an irretrievable breakdown of the marriage.

## Experienced Attorneys Helping Clients with Same-Sex Divorce in Illinois

If you are facing issues with your marriage and want to dissolve it, you can turn to our dedicated and knowledgeable gay divorce attorneys for solid legal advice and aggressive representation. At Gordon & Perlut, LLC, we have been helping clients resolve divorce matters for more than 20 years and strive to get the most favorable outcomes for their case.

Our law firm handles a wide range of legal issues pertaining to gay divorce, including:

- [Child Custody](https://familylawadvocate.com/divorce/child-custody/)/Allocation of Parental Responsibilities
- [Child Support](https://familylawadvocate.com/divorce/child-support/)
- Financial Issues
- [Legal Separation](https://familylawadvocate.com/divorce/legal-separation/)
- Post-decree Modifications and Enforcement
- [Property](https://familylawadvocate.com/divorce/property-division/) and Debt Division
- [Spousal Maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/)/Alimony
- [Visitation](https://familylawadvocate.com/divorce/visitation/)/Parenting Time

Our goal is to resolve our clients’ issues as efficiently and amicably as possible, especially when children are involved, in order to minimize the emotional and financial impact of the legal process. However, if your case requires taking matters to court, our attorneys will prepare for trial and vigorously fight to defend your rights and interests.

## Talk to Our Experienced Chicago Same-Sex Divorce Attorney Today

If you are seeking reliable legal counsel for your same-sex divorce case, you may contact Gordon & Perlut, LLC today at 312.360.0250 or [use our online form](https://familylawadvocate.com/contact-us/) to schedule an initial consultation with our experienced and friendly attorneys. We have offices in Chicago and Skokie, Illinois.

---

### [Child Custody Attorney Lincolnwood, IL](https://familylawadvocate.com/child-custody-attorney-lincolnwood-il/)

**Published:** January 23, 2019
**Author:** familylawadvocate

**Content:**

## Work with a Lincolnwood, Illinois Child Custody Attorney (“Allocation of Parental Responsibilities”) Who Cares About Your Family

If there is one thing that sticks out as being particularly challenging about getting a divorce in Illinois, it is determining with whom a child will live once the divorce is finalized. For many couples, reaching a “child custody” (now known as “Allocation of Parental Responsibilities”) determination feels impossible; parties simply cannot agree as to what is in the best of the child.

At the law office of Gordon & Perlut, LLC, [Divorce](https://familylawadvocate.com/divorce/ "Divorce Lawyer Chicago") and [Family Law Attorneys](https://familylawadvocate.com/family-law/ "Family Law Attorneys Chicago"), our legal team understands how sensitive child custody matters are, and wants to help you effectively navigate your case.

## Who Makes Decisions About Allocation of Parental Responsibilities / Child Custody?

![Lincolnwood Child Custody Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/01/Lincolnwood-Child-Custody-Lawyer-300x200.jpg "Lincolnwood Child Custody Lawyer | Chicago & Skokie Divorce & Family Law Attorneys") In Illinois, parents of a child are the parties who have the most decision-making power regarding child custody. In fact, if parents can reach an agreement about child custody, which they are encouraged to do, then the court will usually approve the agreement. For this reason, parents should work together while pursuing a divorce to create a parenting plan that answers questions such as with whom the child will live, what the parenting schedule will be, with whom the child will spend the holidays and school breaks, how the child will be transported from home to home, and more.

## How the Court Makes a Decision About Allocation of Parental Responsibilities / Child Custody

Of course, mediation and negotiations may fail, and parents with a particularly contentious history may be unable to work together to create a parenting plan that works for all parties. When this is the situation, the case will be heard before the court, which will issue a decision about child custody based on the child’s best interests. The [best interests of the child are decided following the consideration of numerous factors](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), including:

- The wishes of the child;
- The child’s adjustment to home and community;
- The mental and physical needs of the child;
- The health and mental and physical fitness of the parents;
- The ability of parents to work together;
- The wishes of the parents;
- The willingness of each parent to work together to foster a relationship between the child and the other parent;
- The logistics involved (i.e. distance to transport the child from one home to another); and
- Any other factors the court finds relevant.

## Our Lincolnwood Child Custody / Allocation of Parental Responsibilities Lawyers Can Help

Our lawyers understand how emotional and taxing a child custody dispute can be. We want to help you and your spouse work together to reach an agreement that puts your child first and works for both of you; if such an agreement is impossible, we can aggressively advocate for you, gathering and presenting evidence to the court highlighting your abilities as a parent, and the fact that the child’s best interests are best served by remaining in your care.

To schedule a consultation with our Lincolnwood child custody lawyers today, please call us directly or send us a message, and we will follow up with you as soon as possible.

---

### [Child Custody Attorney Norridge, IL](https://familylawadvocate.com/child-custody-attorney-norridge-il/)

**Published:** February 18, 2019
**Author:** familylawadvocate

**Content:**

When parents decide that remaining married is no longer the right choice for them, they also have to answer another, more difficult question: where will their child live? This issue can be one of the most contentious issues in a divorce, as well as one of the most emotional. Our Norridge child custody lawyers from the law office of Gordon & Perlut, LLC will explain the laws regarding child custody decisions to you, and help you work with your spouse to reach a decision that’s best for everyone.

## Who Gets Custody of a Child in Illinois?

![Norridge Child Custody Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/02/Norridge-Child-Custody-300x213.jpg "Norridge Child Custody Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")Child “custody” is now known as “Allocation of Parental Responsibilities”. The [state of Illinois holds that any custody decision that is made must be within a child’s “best interests.”](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000) The best interests of a child are figured by considering various factors, such as the wishes of the child (if they are of an age where voicing such a preference is reasonable), the needs of the child and the ability of the parent to meet those needs, the child’s adjustment to home and community, each parent’s ability and willingness to foster a healthy and loving relationship between the child and the other parent, and more.

## How Is a Custody Determination Made?

Our Norridge child custody lawyers are passionate about helping parents collaborate to make tough decisions about child custody. It is always the preference of the court, and usually the parents too, that child custody decisions are made by parents outside of the courtroom through mediation and negotiation. Our lawyers can represent you in any discussions with your spouse, and help you to create a parenting plan that works for all parties.

When parents cannot form an agreement outside of the courtroom, unfortunately, going before a court may be the only option. When this is necessary, a judge, not the parents, will make a determination about custody.

## Modifying a Child Custody Order in Norridge

While a court’s decision is “final” and results in a Judgment For Allocation of Parental Responsibilities, it is possible for parents to petition the court for a modification of a child custody order at a later date. Filing a petition for modification is permissible when either party has experienced a significant change in circumstance. For example, if one parent is in a car crash and can no longer administer self-care, let alone care for a child, a modification will likely be appropriate. Our Norridge child custody lawyers also represent clients in modification cases.

## Reach Out to Our Norridge Child Custody Lawyers Today

Understanding your rights and your options in a child custody case can be difficult. Because there is so much on the line, it’s not worth taking the risk of representing yourself in a child custody case; instead, you should consult with a qualified attorney.

At the law office of Gordon & Perlut, LLC, our [Norridge child custody lawyers](https://familylawadvocate.com/contact-us/) are passionate about what we do. We know how important this case is for you, and will deliver nothing short of excellent service. For your initial consultation, please call our law firm today to get started.

---

### [Child Custody Attorney Harwood Heights, IL](https://familylawadvocate.com/child-custody-attorney-harwood-heights-il/)

**Published:** January 31, 2019
**Author:** familylawadvocate

**Content:**

## There Is Nothing More Difficult Than Making a Determination About Child Custody. Our Lawyers Can Provide You the Quality Representation You’re Looking for.

Of all of the issues in a divorce that a separating couple in Harwood Heights must work together to resolve, there is none more emotional or complex than that of [child custody](https://familylawadvocate.com/divorce/child-custody/), especially when both parents want to have full-time custody of a child. At the law offices of Gordon & Perlut, LLC, our [family law lawyers](https://familylawadvocate.com/family-law/ "Family Law Attorney Chicago") in Harwood Heights can guide you through[ Illinois child custody laws](https://statelaws.findlaw.com/illinois-law/illinois-child-custody-laws.html), help you to reach an agreement with your spouse, or present to the court evidence that highlights your abilities as a parent and the reasons why you should be granted custody.

## Types of Custody in Illinois

![Harwood Heights Child Custody Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/01/Harwood-Heights-Child-Custody-Lawyer-300x200.jpg "Harwood Heights Child Custody Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")Illinois recognizes both physical custody and legal custody of a child. The first, physical custody, refers to the duty of being responsible for a child’s physical safety and wellbeing; the parent who has physical custody is the one with whom the child is living. Legal custody, on the other hand, refers to the ability to make decisions about the child’s life, such as the religion that the child should be raised, or where the child will go to school. “Custody” is now referred to in Illinois as “Allocation of Parental Responsibilities”.

Parenting time (“visitation”) may be shared 50/50, may be held in total by one parent or may be shared in another proportion. For example, one parent may have sole physical custody of a child, but both parents may have legal decision-making powers.

## How a Court Makes a Child Custody Determination

Parents are encouraged to work together to create a [parenting plan ](http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf)outside of the court that addresses physical and legal custody of the child, as well as things such as how the child will be transported from one home to another, how disputes regarding the child will be resolved, and more. Attending mediated sessions with your soon-to-be-ex-spouse may be helpful in reaching an agreement with which you both can live.

Of course, some couples, no matter how hard they try, cannot agree about custody. When this is the case, a court will issue a final Judgment for Allocation of Parental Responsibilities, based on numerous factors that assist the court in determining the child’s best interests. Some of these factors include the needs of the child, the willingness and ability of each parent to foster a loving relationship between the child and the other parent, and even the child’s wishes if the child is of a mature age.

## Our Harwood Heights Child Custody Lawyers Will Advocate for You

At the law offices of Gordon & Perlut, our [Harwood Heights child custody lawyers ](https://familylawadvocate.com/divorce/child-custody/)understand how difficult losing partial custody of your child can be, and how desperate you may be for competent legal counsel. When you call our law firm, our team will work hard on your behalf, and will always put the needs of you and your child first.

To schedule a consultation with our legal team, please call us directly or reach us online. We offer free phone consultations.

---

### [Divorce Attorney Harwood Heights, IL](https://familylawadvocate.com/divorce-attorney-harwood-heights-il/)

**Published:** February 18, 2019
**Author:** familylawadvocate

**Content:**

## *When You’re Separating from Your Spouse, Protect Your Future with Qualified Legal Counsel*

The decision to separate from your spouse is no doubt one of the biggest choices that you’ll ever make, and probably won’t come until after months or years of internal back-and-forth. At the law offices of Gordon & Perlut, LLC, our Harwood Heights divorce lawyers are well-versed in the complicated nature of divorce. When you are seeking a dissolution of marriage in Cook County or elsewhere, our Harwood Heights divorce lawyers can help.

## Filing for a Divorce in Harwood Heights

If you have decided to end your marriage, the process will begin with filing a petition for dissolution of marriage, domestic relations cover sheet, summons, certificate of dissolution, and verification of truthfulness of forms statement with the [clerk of the circuit court of Cook County.](http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ForPeopleWithoutLawyers/FilingandAnsweringaDivorcePetition.aspx) At the time that you file these forms–all of which are available online, you will also need to pay a filing fee. You will then need to serve a copy of your summons to your spouse, who will then be tasked with responding to your request for dissolution of marriage.

## Guiding You through Tough Issues in Divorce

Before your divorce can be finalized, there are a number of issues in your divorce that must be resolved first. These issues can be complicated and divisive – let our lawyers provide you with representation throughout the process of reaching an agreement in regards to:

- ![Harwood Heights Divorce Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/02/Harwood-Heights-Divorce-Lawyer-300x200.jpg "Harwood Heights Divorce Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")**Property division**. Determining who gets what in a divorce is never easy. Under the law, property must be divided in a manner that is equitable.
- **Spousal support**. Whether or not one spouse maintains the right to seek spousal support–and if so, for how much–depends on a number of different factors.
- **Child custody**. Perhaps the most difficult issue on which to reach an agreement is that of who gets custody of a child. Illinois courts will make decisions about custody based on the best interests of the child, and favor both parents maintaining a relationship with the child post-divorce.
- **Child support**. The non-custodial parent must pay child support. This is non-negotiable.

Our lawyers can represent you in Court, in divorce mediation with your spouse, and in negotiations. If you are unable to reach an agreement out of court, we can represent you in a divorce hearing or trial.

## You Deserve Great Legal Representation

When you are separating from your spouse and coping with the emotional and financial repercussions of doing so, you deserve the best when it comes to legal representation. Our Harwood Heights divorce lawyers have years of experience, have represented clients involved in complicated divorces, including highly contentious divorces and high-asset divorces, and we are passionate about serving our clients. We know the courts, the judges, and the law, and are ready to advocate for your best interests.

## Getting a Divorce Is Difficult – Our Harwood Heights Divorce Lawyers Can Help

If you’re seeking a divorce in Harwood Heights, make a difficult process slightly easier by reaching out to our lawyers. You can contact us directly today to request a consultation and begin the divorce process.

---

### [River Forest Child Support](https://familylawadvocate.com/child-support-attorney-river-forest-il/)

**Published:** January 21, 2020
**Author:** familylawadvocate

**Content:**

*When parents are no longer married or living together, the non-custodial parent will be responsible for making child support payments. Call our law firm today to learn more about how support payments are calculated and how to get a support order in River Forest.*

While most parents love their child and provide emotional support, guidance, and care whenever possible, the law requires both parents to financially provide for a child. When parents live together and raise the child collectively, the court assumes this is the case. Similarly, when parents are divorced or separated, the court assumes the custodial parent is fulfilling this duty – to financially provide for the child, by virtue of having custody and paying for day-to-day needs.

As such, the court will order the non-custodial parent to make child support payments. If you have questions about how child support is calculated, who must pay child support, or how to modify a support order, our River Forest child support lawyers at the law offices of Gordon & Perlut, LLC can help. Call us today to learn more.

## How Child Support Is Calculated in Illinois

Child support is calculated in Illinois using the income-shares model. Using the income-shares model, the amount of child support *both* parents are responsible for is calculated using the incomes of *both* parents. For example, in reviewing the [Income Shares Schedule Based on Net Income](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf), one can see parents who make a collective $10,000 per month in net income should allocate (jointly) $1,449 of that income to the support of their child. Again, the court will assume the custodial parent is already doing this; as such, the non-custodial parent will be responsible for support in an amount proportional to their income. For example, if the noncustodial parent makes $6,000 of the total $10,000 of combined net income (or 60 percent), they will be responsible for 60 percent of the child support amount, or about $869 (of $1,449).

Of course, this does not mean the court will not consider any special circumstances when issuing a child support order, such as any special needs of the child. Additionally, in cases where custody of a child is shared, then the amount of time spent with the child is also factored into the equation.

## Modifying a Child Support Order

Once a child support order has been issued by a court, it can be difficult to change, which is one of the key reasons it is important to work with a River Forest child support lawyer early in your divorce process.

A child support order can be modified when there is a substantial change in circumstances, such as the loss of a job, a large change in income, or a change in custody. If you need to modify your child support order, reach out to our River Forest child support lawyers for counsel.

Call Our River Forest Child Support Lawyers Today

If you have questions about child support, reach out to our [River Forest child support lawyers](https://familylawadvocate.com/contact-us/) today. We have years of experience and can confidently represent you. Call us now or send us a message online to get started.

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### [Civil Unions and Same-Sex Marriages in the Chicago area](https://familylawadvocate.com/divorce/civil-unions-and-same-sex-marriages-in-chicago/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Family Law Attorneys

![Same Sex Marriage](https://familylawadvocate.com/wp-content/uploads/2016/09/civil-unions-and-same-sex-marriages-in-chicago-300x188.png "Same Sex Marriage")

For eternity, same-sex partners were denied the right to form legal bonds that their heterosexual neighbors had always enjoyed. Millions of citizens had a significant other that they loved dearly, but they were prevented from choosing marriage or a civil union and the benefits that they entail. Fortunately, if you find yourself in this situation, you now have options at your disposal, thanks to the hard work of many and the United States Supreme Court. Civil unions and marriage give couples access to legal benefits that aren’t available to singles, so let’s take a look at how marriage or civil union can affect the legal and financial aspects of your lives.

## The Advantages of Civil Unions or Marriage in the Chicago Area

The following are some of the key reasons to consider a civil union or marriage in the Chicago area:

- The power to jointly own a property with a partner, with the expectation that properties acquired by either party after (with some exceptions) will become jointly owned
- Legal protections from losing jointly-owned properties to creditors
- The power to make healthcare decisions if one partner/spouse lacks the capacity to make the decision on their own
- The ability to divide property through the state’s intestacy system
- Pension protection and the ability to recover other forms of financial restitution such as workers’ compensation and wrongful death
- Property inheritance considerations such as intestacy should you or your partner/spouse pass without a will
- Potential benefits regarding insurance
- Joint parental and guardianship rights
- Joint tax considerations

## Differences between Civil Union and Marriages

With so many similarities between civil unions and marriages, you might be wondering how they are different. Though it is true that same-sex marriage has been legal across the United States since the [Obergefell v. Hodges ruling by the Supreme Court](https://www.law.cornell.edu/supremecourt/text/14-556), some people still opt for civil unions that can later be converted to marriages. Three key differences between marriage and civil unions in Chicago are as follows:

- Federal advantages and benefits: though partners in a civil union receive a tremendous amount of state benefits, there are still federal benefits that are not granted to those in civil unions.
- Portability between states: not all states recognize civil unions. In fact, some states converted previous civil unions to marriages once same-sex marriage became legal.
- Cultural reasons: you must also understand that ‘marriage’ is a term that holds a certain amount of weight in cultural and societal beliefs. Since the Obergefell ruling, it isn’t as big of an issue, but some people still see a stark contrast between civil unions and marriages simply because of their terminology.

## Seeking Help from a Qualified Legal Professional

Deciding between marriage, civil unions, and other family matters is no easy task if you don’t have the help of a qualified legal representative. Fortunately, the family law attorneys at Gordon & Perlut, LLC can help you with a variety of [family law](https://familylawadvocate.com/family-law/) disciplines such as:

- [Divorce](https://familylawadvocate.com/)
- [Mediation](https://familylawadvocate.com/family-law/mediation/)
- Allocation of parental responsibilities (formerly known as [Child Custody](https://familylawadvocate.com/divorce/child-custody/))
- [Child Support](https://familylawadvocate.com/divorce/child-support/)
- Aid for [Unmarried Parents](https://familylawadvocate.com/divorce/unmarried-parents/)
- [Adoption](https://familylawadvocate.com/adoption/)

Contact M. Scott Gordon & Associates [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our Skokie office.

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### [Divorce Lawyer for Men in Skokie Illinois](https://familylawadvocate.com/divorce/skokie-divorce-lawyer-for-men/)

**Published:** May 5, 2017
**Author:** familylawadvocate

**Content:**

When your marital relationship is on the verge of collapsing and you and your wife want to get divorced, it is important to hire an attorney who has the experience to fight family law cases for men. A majority of men feel they are at a disadvantage in divorce proceedings because their lawyer does not concentrate on handling cases from a male perspective.

## Our Personalized Approach towards Men’s Divorce in Skokie, IL

At Gordon & Perlut, LLC, we understand the difficulties men face and know how to tackle them to get favorable results. When you contact our law firm to schedule an initial consultation, we will set a convenient time for you to meet with one of our Skokie divorce lawyers to discuss your case. We believe that the key to effectively resolving any case is to understand the complete picture of the situation.

To our lawyers, no detail pertaining to your divorce is insignificant enough to leave unexplored – that is why we take the time to carefully listen to your story. After that, we explain the nuances of Illinois family law and how they affect your case. Our goal is to empower clients to make sound decisions about their case by providing all the information they need to understand their situation and help them move through this tough time.

## Our Divorce Legal Services for Men

Our Skokie [divorce lawyers](https://familylawadvocate.com/divorce/) have more than 20 years of experience in defending men’s rights and interests in divorce cases. We strive to simplify the entire process and minimize the complexity and costs involved in finalizing the divorce. We are always well-prepared to provide legal assistance to clients in a wide range of divorce issues, including:

- Assignment of parental responsibilities
- [Property division](https://familylawadvocate.com/divorce/property-division/)
- Debt division
- [Father’s rights](https://familylawadvocate.com/fathers-rights/)
- Alimony
- [Grandparent visitation](https://familylawadvocate.com/divorce/grandparent-visitation/)
- [Guardianship](https://familylawadvocate.com/divorce/guardianships/)

- Post-decree matters
- [Orders of Protection](https://familylawadvocate.com/divorce/orders-of-protection/)
- [Appeals](https://familylawadvocate.com/family-law/appeals/)
- [Mediation](https://familylawadvocate.com/family-law/mediation/) and other ADRs
- Parenting plans
- [Relocation](https://familylawadvocate.com/divorce/children-removal-illinois/)

## Fighting to Protect Fathers’ Rights

Our seasoned divorce attorneys are dedicated to helping men and fathers, just like you, to get equal and fair treatment from the legal system that they deserve. We work closely with you at every stage and help you establish that you are capable of taking an active part in the assignment of parental responsibilities. We make sure that your parenting plan has a reasonable division of responsibilities, parenting time, and child support payments. With our attorneys handling your case, you can rest assured that you get equal opportunity in every aspect of your divorce case.

## Discuss your Case with our Men’s Divorce Lawyers in Skokie, IL

If you are seeking the legal services of an experienced attorney focused on advocating for men’s rights, Gordon & Perlut, LLC is your go-to law firm. Our Skokie divorce attorneys understand the legal challenges you may be going through and provide you the support you need to transition through this difficult time in life.

If you need legal counsel for your case, you may contact the Law Office of Gordon & Perlut, LLC today at 847-329-0101/ 312-360-0250 or use our online form to schedule an initial consultation and discuss your case with our Skokie divorce attorneys. We have offices in Chicago and Skokie, Illinois.

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### [Child Support Attorney Providing Personalized Representation to Families in Melrose Park, Illinois](https://familylawadvocate.com/child-support-attorney-melrose-park-il/)

**Published:** May 11, 2018
**Author:** familylawadvocate

**Content:**

Child support is an important issue for families in Melrose Park who are facing divorce and have children from marriage. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that child support be ordered in a divorce case when the divorcing parties have kids together. Child support is an essential tool in helping children to have happy and well-balanced lives. Illinois emphasizes that both parents play an important role in supporting their children, and as such the child support obligation is now calculated based on an “income shares” model.

The income shares model is relatively new in Illinois, although it is in use in a majority of states. We will tell you more about it and how it works. In the meantime, if you need assistance with your child support case, you should know that a compassionate Melrose Park child support attorney can speak with you today and can answer your questions. The attorneys at Gordon & Perlut, LLC provide personalized and considerate representation to clients throughout Melrose Park.

## Recent Changes to Melrose Park, Illinois Child Support Law

On July 1, 2017, a new child support law took effect in Illinois. Rather than calculating child support based on a percentage of a noncustodial parent’s net income, the income shares model is designed so that the court combines the net incomes of both of the parents and uses that combined figure to calculate the total child support obligation. This method is designed to provide the child with the same kind of support that she or he would have received in an intact household (if the parents had not gotten divorced). Here is an example of how it works:

![Melrose Park Child Support Lawyer](https://familylawadvocate.com/wp-content/uploads/2017/09/lagrange-child-support-300x201.jpg "Melrose Park Child Support Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")Let’s say that two parents are getting divorced, and they have two children. Parent A earns a net monthly income of $2500, and Parent B earns a net monthly income of $1500. The court will add together these net monthly incomes for a total of $4000. The court will then look at the [Incomes Shares Schedule Based on Net Income](https://www.illinois.gov/hfs/SiteCollectionDocuments/img4101535270001.pdf) and will locate a combined adjusted net income of $4000 for two children. The Schedule then sets the total support needs of the child and how we calculate each parent’s respective contribution.

## Modifications of Child Support Orders in Melrose Park

What happens if you need to modify a child support order? For instance, maybe you changed jobs and took a significant reduction in pay. Or, for example, maybe your child has developed special needs that require additional support. Under the IMDMA, a child support order may be modified “upon a showing of a substantial change in circumstances.”

Your Melrose Park child support lawyer can work with you on your case and provide evidence to show that you do in fact have a substantial change in circumstances that requires a modification.

## A Melrose Park Child Support Lawyer Can Help With Your Case

If you are filing for divorce and need assistance with child support, an experienced [Melrose Park child support lawyer](https://familylawadvocate.com/contact-us/) can speak with you today about your case. [Contact Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to families in Melrose Park.

---

### [Child Custody Lawyer Serving Clients in LaGrange, Illinois](https://familylawadvocate.com/child-custody-attorney-la-grange-il/)

**Published:** May 11, 2018
**Author:** familylawadvocate

**Content:**

Child custody cases can be extremely difficult for any parent. Under the [Illinois Marriage and Dissolution of Marriage Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59) (IMDMA), the court relies on the “best interests of the child” standard for determining whether each parent should have important decision-making responsibilities for the child, as well as whether the parent should be able to exercise caretaking functions for the child.

When child custody cases become contentious, it is extremely important to have a compassionate [LaGrange child custody lawyer](https://familylawadvocate.com/contact-us/) in your corner. An advocate at Gordon & Perlut, LLC can answer any questions you might have today.

## Legal Issues Arising in a LaGrange Child Custody Case

Our dedicated team at Gordon & Perlut, LLC regularly provides representation to families going through difficult child custody cases. We handle many different aspects of child custody, including but not limited to:

- Allocation of parental responsibilities;
- Parenting time;
- Developing a parenting plan; and
- Modifications.

## Changes to Illinois Child Custody Law and How They Affect Families in LaGrange

![Lagrange Child Custody Lawyer](https://familylawadvocate.com/wp-content/uploads/2017/09/lagrange-child-support-300x201.jpg "Lagrange Child Custody Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")Since 2016, Illinois has moved away from using the terms “child custody” and “visitation.” Instead, this terminology has been replaced with “parental responsibilities” and “parenting time.” What is the difference between the terms?

In LaGrange, Illinois, we used to discuss legal custody or the parent’s rights to make significant decisions about the child’s upbringing and well-being. We now refer to legal custody in terms of parental responsibilities. In addition, while we used to discuss physical custody or the time that a child spent with his or her parent, we now talk about parenting time and caretaking functions. In large part, the distinctions are simply semantic ones, but they emphasize that different families have distinct needs. As such, the changes to the law are more flexible. Instead of assigning or awarding child custody, the court allocates parental responsibilities in a manner that fits each family situation.

## How a Compassionate Child Custody Lawyer Can Help With Your Case

Even when you are able to come to an agreement with the child’s other parent about parental responsibilities and parenting time, child custody cases nonetheless are emotionally difficult. A LaGrange child custody attorney at Gordon & Perlut, LLC can provide the compassionate advocacy you need during this challenging process.

In situations where the child custody case has become extremely contentious, it is more important than ever to have an experienced child custody attorney in LaGrange on your side. Even if you believe that your right to make significant decisions about your child’s upbringing and to spend a substantial amount of time with your child is in the child’s best interests, the court and the other parent may disagree. You will need to have dedicated counsel on your side to advocate for your rights as a parent.

## Contact a LaGrange Child Custody Attorney

Going through a complex child custody case can be extremely challenging without the help of a dedicated LaGrange child custody attorney. At [Gordon & Perlut, LLC](https://familylawadvocate.com/contact-us/), we provide tailored representation to each of our clients, and our firm will help you at every stage of your child custody case. [Contact us](https://familylawadvocate.com/contact-us/) to learn more about the services we provide to clients in LaGrange and throughout Chicagoland.

---

### [Divorce Lawyer for Women – Wilmette](https://familylawadvocate.com/divorce/wilmette-divorce-lawyer-for-women/)

**Published:** May 5, 2017
**Author:** familylawadvocate

**Content:**

Divorces are complex and involve a lot of stress, anger, sadness, and confusion for everyone involved in the process. At Gordon & Perlut, LLC, we work as the advocates of women and assist them to transition through this life-changing event in the most stress-free way possible. We opt for a specialized approach and help you understand your legal options and rights, and work with you to develop a strategy for the best way forward.

## Women’s Divorce Lawyers Committed to Serving Women in Wilmette, IL

We empower women through our legal services and assist them in handling legal, personal, and financial difficulties in family courts. Our attorneys make the entire process less stressful and more manageable by enlightening you with relevant information about your case and responding to your individual needs. Our goal is to assist women in achieving the best possible support, favorable custody arrangements, emotional peace of mind, and financial security necessary to help you restart your life after the divorce has been settled.

At Gordon & Perlut, LLC, we provide you with complete legal solutions for all your divorce-related issues. Whatever challenges you may face during or after the divorce, we have the dedication, resources, and experience to help you overcome them.

## Helping you with Issues Affecting you and your Children

During the divorce proceedings, our Wilmette [divorce lawyers](https://familylawadvocate.com/divorce/) will work with you to negotiate several issues that affect you and your children, including:

- **Assignment of Parental Responsibilities**: According to the [new Illinois child custody laws introduced in 2016](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000), there will be no residential custody and courts will decide on the responsibilities to be assigned to each parent for different aspects of a child’s life. We help you secure your rights to make major decisions for your child and get appropriate parenting time.
- **The Marital Residence**: Our attorneys will help you work through the complexities of whether you should continue to live in your house after the divorce or if it will better to sell it depending on your circumstances. Since Illinois is an equitable distribution state, we will fight for getting a property arrangement that is best for you.
- **[Division of Assets](https://familylawadvocate.com/divorce/property-division/) / Debts**: The Court will need to divide your assets and debts in an “equitable” manner. While this sounds simple, the Court will need to understand your situation and what you need from your spouse to maintain you and your children’s standard of living. We will work with you throughout the process to ensure you do not fall into an unfavorable position in any of the critical aspects of your case.

## Discuss your case with our Women’s Divorce Lawyers in Wilmette, IL

Whether you are going through a divorce or contemplating dissolving your marriage, you will need skilled legal counsel to understand the legalities of the process. At Gordon & Perlut, LLC, we have 15 years of experience in helping women to fight for their rights and secure their best interests.

[Contact](https://familylawadvocate.com/contact-us/) the Law Office of Gordon & Perlut, LLC today at 847-329-0101/ 312-360-0250 or use our online form to schedule an initial consultation and discuss your case with one of our Wilmette divorce attorneys for women. We have offices in Chicago and Skokie, Illinois.

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### [Child Support Attorney Evanston, IL](https://familylawadvocate.com/child-support-attorney-evanston-il/)

**Published:** February 18, 2019
**Author:** familylawadvocate

**Content:**

![Evanston Child Support Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/02/Evanston-Child-Support-300x200.jpg "Evanston Child Support Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")Whether you are getting a divorce or legal separation or have recently established paternity, if you have children and you are not living with your child’s other parent, a child support order is no doubt something that you will soon become familiar with. The Evanston child support lawyers at Gordon & Perlut, LLC can help you to understand the purpose of a child support order, who has to pay child support, how an order amount is determined, when you can modify a child support order, and more. Please reach out to us for guidance and support with your Evanston child support case today.

## What Is Child Support?

Child support refers to court-ordered payments that are paid by a non-custodial parent to a custodial parent. The payments are intended to pay for a child’s basic needs, such as clothing, food, and shelter, as well as things like extracurricular activities, food supplies, and other basic expenditures. As a note, courts leave how child support money is spent to the discretion of the support-receiving parent, so long as the child’s needs are being met.

## Who Pays Child Support?

All parents have a duty to provide for their children financially, whether the child is in their physical care as not. The courts in Cook County and northeast Illinois assume that a custodial parent is meeting this obligation by virtue of having custody of the child; therefore, it is the duty of the non-custodial parent to make child support payments to the custodial parent.

## Determining the Value of a Child Support Order

Child support in Illinois is determined based on the [income shares model](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesOverviewPublicVersionRC.pdf), which is used by over 40 states in the nation to determine child support amounts. The income shares model considers both parents’ income and the number of children that the income must provide for. Then, each parent will be responsible for the corresponding support amount, based on the [schedule of support](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf), proportion to their income.

For example: Consider a situation where the custodial parent makes a net income of $3,000 per month, and the non-custodial parent makes a net income of $5,000 per month. Parents who make a combined adjusted net income of $8,000 and who have one child are responsible for providing a combined total of $1,261 in child support on a monthly basis. Because the non-custodial parent contributes 62.5 percent of the total net income ($5,000/$8,000), they will be responsible for 62.5 percent of the child support award, or just over $788.

## How Can an Evanston Child Support Lawyer Help Me?

Courts don’t always stick to the guidelines exactly. If you have special circumstances, or if you believe that more or less support is reasonable, a lawyer from our firm can help you to present your case to the court. We can assist you in modifying a support order at a later date, and taking action if you have not been receiving court-ordered support, or are unable to make a child support payment.

You can call our [Evanston child support lawyers](https://familylawadvocate.com/contact-us/) today for a consultation, or send us a message to get started. We know how sensitive family law matters can be, and will give your case the attention it deserves.

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### [Divorce Attorney Lincolnwood, IL](https://familylawadvocate.com/divorce-attorney-lincolnwood-il/)

**Published:** January 31, 2019
**Author:** familylawadvocate

**Content:**

## If You’re Filing for Divorce in Lincolnwood, Partnering with a Skilled Divorce Lawyer Ensures Protection of Your Best Interests

For couples who live in Lincolnwood and are thinking about divorce, there are many questions that will need to be answered before a divorce can be finalized. While divorce can be emotional, stressful, and even intimidating, working with a talented Lincolnwood divorce lawyer can provide comfort and peace of mind during an otherwise unsettling time. To schedule your consultation with a Lincolnwood divorce lawyer from the office of Gordon & Perlut, LLC, please call directly or send a message today.

## Assisting You in Navigating Complex Issues in a Lincolnwood Divorce

Our Lincolnwood divorce lawyers are available to help you navigate all of the issues that you will face in a divorce, including the most obvious, such as:

![Lincolnwood Divorce Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/01/Lincolnwood-Divorce-Lawyer-300x203.jpg "Lincolnwood Divorce Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")

- **Property division**. Illinois is an equitable distribution state, which means that all marital property must be divided amongst spouses in a manner that is “equitable”, whereas separate property is not subject to division and can be kept separate. If couples cannot agree on a property division arrangement, the court will divide property based on various factors outlined in [750 ILCS 5/503. ](http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm)
- **Child support**. If you have children, a [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support Lawyer Chicago") order will likely be part of your divorce settlement. Noncustodial parents are required to make child support payments in Illinois; the amount of support is based on Illinois child support guidelines, which consider parents’ income and the number of children, and can be modified based on special circumstances.
- **Child custody**. Like child support, parents must make a determination about [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody Attorney Chicago") in a divorce (“Allocation of Parental Responsibilities”). Some parents choose to split custody 50/50, whereas others agree to one parent being the primary caregiver, with the other visiting on a regular basis. Sometimes, a couple cannot reach an agreement about custody, requiring the court to step in and make a decision based on the child’s best interests.
- **Alimony**. Finally, alimony, or [spousal “maintenance”,](https://familylawadvocate.com/divorce/spousal-maintenance/ "Spousal Maintenance in Chicago"), may be part of a divorce settlement if one spouse is financially dependent on the other. Our lawyers can help you to understand eligibility for spousal support and how spousal support is calculated.

## Do I Really Need a Lincolnwood Divorce Lawyer?

While there is no legal requirement to hire a lawyer when filing for a divorce, we strongly recommend doing so. Our lawyers have years of experience, a reputation for excellence, and are passionate about what we do. Even if your divorce is uncontested, which means that you and your spouse are in agreement about the various issues in a divorce, hiring an attorney who can review all documents and contracts before a settlement is finalized ensures that you’re not giving up your right to a more equitable outcome.

## Call the Offices of Gordon & Perlut, LLC Today

While divorce can feel isolating, you’re not alone. Our team at the offices of Gordon & Perlut, LLC can assist you. Our [Lincolnwood divorce lawyers ](https://familylawadvocate.com/divorce/)encourage cooperative divorce proceedings that seek to minimize conflict and help couples reach an agreement amicably, but we also have trial experience and are confident in the courtroom. For your consultation, please call our law office directly or send us a message today.

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### [Niles Illinois Child Support Lawyer](https://familylawadvocate.com/child-support-attorney-niles-il/)

**Published:** December 9, 2019
**Author:** familylawadvocate

**Content:**

Once a divorce is finalized, a custody and child support court order will go into effect. Before a divorce can be settled, though, parents must come to an agreement about parental responsibilities and child support, or the court must determine these issues. If you have questions about either, our Niles child support lawyers at the law offices of Gordon & Perlut, LLC can help. In the meantime, consider the following about how child support is calculated in Illinois.

## Who Must Pay Child Support?

The state of Illinois holds that while both of a child’s parents may not be able to provide physical care for the child, each party is financially responsible for their child’s wellbeing. As such, both parents are expected to make a financial contribution to their child. When parents are not married or are not living together, it is assumed by the court that the custodial parent is satisfying their obligation to provide for the child financially by virtue of providing physical care for the child and, as such, it is the non-custodial parent who will be required by the court to make child support payments in most circumstances. However, the income of both parents is considered.

## How Are Child Support Payments Calculated?

[The state of Illinois now uses the income shares model to calculate the amount of child support](https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx) that a parent owes on a monthly basis. The theory behind this model is that the child should receive the same proportion of parental income and support that they would have received had the parents not separated. Using this model, the income of both parents is determined and then combined, the amount that a child is entitled to (in total) is determined based on statute, and then the amount that each parent owes is prorated based on each party’s contribution of shared income.

For example, per Illinois statute, parents who make a combined amount of $9,000 per month and have one child “owe” that child support of $1,354 in child support per month. Now, suppose that custodial parent A makes $4,000 of the $9,000, and noncustodial parent B makes $5,000 of the $9,000, or 55 percent of the total amount of combined income. As such, parent B would be responsible for 55 percent of the child support award ($1,354), or roughly $745 per month.

## Modifying a Child Support Order

![Niles child support lawyer](https://familylawadvocate.com/wp-content/uploads/2019/12/Niles-Child-Support-300x200.jpg "Niles child support lawyer")

When a child support order is calculated, the court will take into account any extraordinary circumstances and special needs of the child. Once an order has been issued, the judgment is enforceable, and a party must make their ordered child support payments on time and in full in order to be in compliance with court regulations.

However, a child support order can be modified in some situations. The parent requesting the change must show a substantial change in circumstances that warrants modification in order for the court to consider the change.

## A Niles Child Support Attorney Can Help

If you have questions about child support, working with a Niles [child support attorney](https://familylawadvocate.com/divorce/child-support/) is strongly recommended. At the law offices of Gordon & Perlut, LLC, our Niles child support lawyers are available to meet with you and discuss your case in more detail. Call today to get started.

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### [Westchester  Illinois Child Custody Lawyer](https://familylawadvocate.com/child-custody-attorney-westchester-il/)

**Published:** December 9, 2019
**Author:** familylawadvocate

**Content:**

Perhaps the most emotional part of getting a divorce–and one of the reasons that many parents who are unhappy decide to stay married regardless–is the idea of losing custody of one’s child. In fact, just the idea of disturbing a child’s life can be trying for parents; the thought of not living with one’s child or only being able to see a child occasionally can be heartbreaking.

If you are seeking a divorce and have questions about Westchester child custody, our lawyers can provide you with answers and offer you representation as you navigate the legal process. Call the law offices of Gordon & Perlut, LLC today to get started.

## Types of Parental Responsibilities in Illinois

[Illinois no longer uses the term “custody” to talk about where a child will live](https://statelaws.findlaw.com/illinois-law/illinois-child-custody-laws.html) or which parent will make decisions about the child’s life; instead, the term parental responsibilities is used. Per Illinois law, there are two primary types of parental responsibilities:

1. **Parenting time.** Parenting time refers to what used to be known as “physical custody.” In other words, how parenting time is allocated will have a direct effect on with which parent the child lives, what the rights of the other parent are, and how much time each parent is allocated to spend with a child. Parenting time can be shared or may be allocated to just one parent.
2. **Decision-making power.** Decision-making power, on the other hand, refers to which parent has the right to make decisions about a child’s life and upbringing, such as what religion the child will be raised or where the child will go to school. Typically, but not always, decision-making power is shared between parents.

## How Are Parental Responsibilities Determined?

![Westchester Illinois Child Custody Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/12/Westchester-Child-Custody-1-300x200.jpg "Westchester Illinois Child Custody Lawyer")

When parents are separating, they have the option–and are highly encouraged–to work together to create a parenting plan. The parenting plan should outline where the child will primarily live, how much time each parent will have with the child, how the child will be transported between parents’ homes, who will make important decisions related to the child’s life, how disagreements between parents will be resolved, and more. Parents are encouraged to work with a neutral, third-party mediator to come to an agreement that works for both.

In the event that parents cannot reach an agreement, then the case will go to court. If a judge makes a determination about parental responsibility, the judge will do so based on statutory requirements. Illinois law states that the following should be considered when making a determination about child custody:

- The wishes of the child
- The child’s adjustment to school, home, and community
- The health, mental and physical, or all parties
- The ability of both parents to cooperate to make decisions
- The wishes of the parents
- The child’s needs
- The distance between each parent’s home
- The ability and willingness of each parent to foster a loving relationship between the child and the other parent
- More, including any factors the court finds relevant

## Our Westchester Child Custody Lawyers Can Help

The idea of losing custody of your child can be very upsetting. If you are divorcing, you need representation from a skilled Westchester [child custody lawyer](https://familylawadvocate.com/divorce/child-custody/). Call the law office of Gordon & Perlut, LLC today for the help you need.

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### [Child Support Attorney Norridge, IL](https://familylawadvocate.com/child-support-attorney-norridge-il/)

**Published:** January 31, 2019
**Author:** familylawadvocate

**Content:**

## Understanding Your Child Support Obligation, or Right to Collect Child Support, Can Be Complicated. Call Our Knowledgeable Law Firm Today for an Explanation You Can Trust.

![Norridge Child Support Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/01/Norridge-Child-Support-Lawyer-300x214.jpg "Norridge Child Support Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")If you are a parent and you are not living with your child’s other parent–either as a result of separation or [divorce](https://familylawadvocate.com/divorce/ "Divorce Lawyers Chicago") or because you never lived together–then chances are that you are either entitled to or obligated to make, child support payments. Indeed, the law holds that both parents are financially responsible for their child; the court assumes that the custodial parent is already fulfilling this obligation by virtue of having custody, and therefore orders the non-custodial parent to make child support payments.

If you have questions about child support, our Norridge child support lawyers can help. We can help you to seek child support or understand your obligation to pay it. Call us today to learn more.

## How to Request a Child Support Order in Norridge

If you are a custodial parent in Illinois and the child’s other parent is not living with you and your child, then you have the right to request child support. In order to do so, you will need to do the following:

- Establish parentage/paternity – If you are a mother seeking child support and you were not married to your child’s father at the time of birth, then paternity of the child must be established before child support may be sought.
- If you are separating or divorcing, you may file papers with the court requesting child support as part of your pending case. You may also file a separate child support case if you choose to do so. It is strongly recommended that you work with a Norridge child support lawyer.
- Contact the [Illinois Department of Healthcare and Family Services – Division of Child Support Services](https://online.hfs.illinois.gov/online/entry-flow.htm), which can pursue a child support order on your behalf. The Division of Child Support Services can also be helpful in enforcing an existing child support order.

## How Is a Child Support Award Determined?

In Illinois, a child support award is determined by using the [income shares model.](https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesOverviewPublicVersionRC.pdf) This model considers both parents’ income in making a child support determination. Essentially, the model considers the amount of support that the child would have received had the parents stayed together and then makes an assumption that the custodial parent is already paying their portion of this and asks the noncustodial parent to make up the difference. For example, say that parents make a combined gross income of $4,100, with the noncustodial parent contributing $2,500, or nearly 61 percent of that. The guidelines hold that a child with parents who make a combined income of $4,100 is entitled to nearly $850 in monthly child support payment; the noncustodial parent would be asked to pay 61 percent of that amount, or about $518. Of course, this amount may be adjusted if parents share custody, if the child has special needs, or if other special circumstances apply.

## Our Norridge Child Support Lawyers Can Help

At the law off of Gordon & Perlut, LLC, our [experienced Norridge child support lawyers ](https://familylawadvocate.com/divorce/child-support/)are here to answer your questions and provide you with the guidance you need. Call us today to initiate a child support case, learn more about your right to child support, or amend an existing support order.

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### [Niles Illinois Child Custody Lawyer](https://familylawadvocate.com/child-custody-attorney-niles-il/)

**Published:** February 13, 2020
**Author:** familylawadvocate

**Content:**

*If you and your spouse are divorcing, where your child will live is a pressing issue. Call our Niles child custody lawyers for help understanding the law and fighting for you and your child’s best interests.*

[Niles is ranked as one of the best places](https://www.vniles.com/) in the Chicago area for families, as well as a village with some of the best public schools in Cook County. It’s also an area rich with historic landmarks and recreation activities and is regarded as one of the more coveted suburbs of Chicago in which to live.

But if you and your spouse are thinking about divorce, the family-friendliness of Niles is probably the last thing on your mind. Instead, if you have children, how custody will be decided and where your children will live is of the utmost importance. At the law offices of Gordon & Perlut, LLC, our Niles child custody lawyers can help you to understand how custody is determined and what your rights are. Call us today to get started.

## Child Custody/Parenting Time and the Law: What You Need to Know

If you and your spouse are separating, one of the most important issues that you will need to resolve together before your divorce can be finalized is that of how the care for your child will be shared. Courts strongly encourage couples to work together to make this determination, forming a parenting plan in collaboration that can be submitted to the court for approval. Parents may choose to share parenting time of the child 50/50, or a variety of parenting schedules that are best for your children. As to decision making, the Court can award joint decision making (what used to be called joint custody), or one parent may have sole decision-making authority for the children (what we used to call sole custody). “Decisions” are about who has the right to make decisions about the child’s interests (education, health care, religious upbringing). In most cases, courts find that having both parents involved in a child’s life is in the best interests of the child.

While you and your spouse will be encouraged to work together to create a parenting plan that you can submit to the court, if an agreement proves impossible, you will need to litigate the case.

## The Best Interests of the Child

If your child custody case goes to court, the judge will make a determination about parenting time based on the best interests of the child, a statutory requirement. As found in [750 ILCS 5/602.5(c)](https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm#:~:text=602.5.,parental%20responsibilities%3A%20decision%2Dmaking.&text=parents'%20past%20conduct%20as%20to,implied%20agreement%20between%20the%20parents.), the child’s best interests will be determined following a consideration of the preferences of the child, the child’s adjustment to home and community, the mental and physical health of all involved individuals, the ability of the parents to work together in a cooperative manner to make decisions, each parent’s past level of participation related to the child in the past, the needs of the child, the wishes of the parents, and any other relevant factors. If your child custody case goes to trial, our lawyers can provide you with aggressive legal representation designed to advocate for you and your child’s needs.

## Call Us Today

To learn more about [child custody in Illinois](https://familylawadvocate.com/divorce/child-custody/) and how our Niles child custody attorneys can help, please call us today to schedule a consultation and discuss your case in person.

---

### [Evanston Illinois Child Custody Lawyer](https://familylawadvocate.com/child-custody-attorney-evanston-il/)

**Published:** March 15, 2019
**Author:** familylawadvocate

**Content:**

![Evanston Child Custody Lawyer](https://familylawadvocate.com/wp-content/uploads/2019/03/Evanston-Child-Custody.jpg "Evanston Child Custody Lawyer | Chicago & Skokie Divorce & Family Law Attorneys")All parents who are divorcing will be required under the law to come to an arrangement regarding the custody of any of their children. While some parents are able to work together to reach this agreement amicably, others struggle, disagreeing, and even fighting about what’s best for a child. At the Law Offices of Gordon & Perlut, LLC, our Evanston child custody lawyers can work with you as you and your spouse navigate the complex issue of reaching a child custody arrangement, now known as a Judgment For Allocation of Parental Responsibilities. Call us today to learn more about how we can help.

## Creating a Parenting Plan in Illinois

When parents are divorcing or separating, they are tasked with the responsibility of creating a parenting plan. The parenting plan should outline the type of “custody” arrangement the parents will have (sole or joint decision making), with whom the child will live primarily, how much “visitation” (parenting) time the child will have with the other parent and when, how decisions pertaining to the child will be made, how the child will be transported between parents’ homes, how disagreements relating to the child will be resolved, and more.

Parents should work together to find answers to the above questions. The help of a third party, including a professional mediator, can help.

## When Parents Cannot Agree

When parents cannot agree and divorce mediation fails, each parent can ask the court to make a “custody” decision on the family’s behalf. If a court is responsible for making a determination about the allocation of parental responsibilities (child custody), it must do so by considering the best interests of the child. The [best interests of the child are determined by considering factors ](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000)such as the relationship the child has with each parent, the child’s preferences, the health of all parties, the wishes of the parents, and more.

Each parent will be responsible for presenting the court with evidence that their proposed custody arrangement supports the child’s best interests. Examples of evidence might include:

- Proof of one parent providing care for the child (i.e. picking the child up from school, preparing the child’s meals, reading to the child before bed, etc.);
- Evidence that shows that the other parent is unfit (including social media evidence); and
- Opinions of third parties, including the child’s teachers, other parents, a school counselor, or a professional child psychologist.

## Working with a Child Custody Lawyer Is a Must

When you are getting a divorce, maintaining civility with your partner should be a priority, especially if you have children; contention between parents can be psychologically damaging for a child. That being said, even the most respectful of conversations do not always result in an agreement, and if you and your spouse cannot agree, you’ll need to go to court.

Working with a lawyer who understands the law and how to establish your child’s best interests is necessary; there is too much on the line to attempt to represent yourself.

## Call Our Evanston Child Custody Lawyer Today

Our[ Evanston child custody lawyers](https://familylawadvocate.com/contact-us/) at the offices of Gordon & Perlut, LLC know how precious time with your child is. Let us guide you through child custody laws in Evanston and advocate for your best interests, protecting that time and your child. Reach us by phone or online to request a consultation and learn more.

---

### [Arlington Heights Family Lawyer](https://familylawadvocate.com/family-law-attorney-arlington-heights-il/)

**Published:** March 27, 2020
**Author:** familylawadvocate

**Content:**

*Located just about 25 miles from the downtown area of the city of Chicago, [Arlington Heights](http://www.vah.com/) is a wonderful neighborhood for those who want a short commute to work, but who also want to live in a quiet, family-friendly community. In Arlington Heights, the public schools are great, rates of crime are low, and the town is known as one of the best in the state to raise a family.*

But regardless of where you live and how family-friendly your neighborhood is, issues may arise within your family that lead to complications that require the support of an Arlington Heights family law attorney. At Gordon & Perlut, LLC, our family law attorneys can help. Call today to learn more.

## Our Arlington Heights Family Law Practice Areas

As you navigate the complex world of family law, please reach out to our law firm for support and guidance. We work on a variety of family law cases, including the following:

- **[Divorce](https://familylawadvocate.com/divorce/).** When a couple decides to dissolve their marriage, there are many other issues that they’ll need to decide, too, including how property will be divided, where the children will live, whether or not alimony will be part of the divorce settlement and more. We can advise on all of the above.
- **[Child custody](https://familylawadvocate.com/divorce/child-custody/).** Who will have custody of a child is typically one of the most contentious issues in a divorce case. We can help you to understand the laws surrounding child custody in our state, and what you’ll need to show the court in order to get custody of your child.
- **[Child support](https://familylawadvocate.com/divorce/child-support/).** Both parents are required to provide for their child financially in Illinois. If you are the noncustodial parent, you will be expected by the court to make support payments on a regular basis. Illinois uses the income shares model to determine each parent’s support obligation.
- **[Legal separation](https://familylawadvocate.com/divorce/legal-separation/).** Sometimes, a couple wants to take time apart but does not want to officially divorce. If this is the case, it may be in your interest to seek a legal separation agreement. Reach out to our team to learn more about the [key differences between divorce vs. legal separation](about:blank) and which might be more appropriate for you.
- **[Spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/).** If one spouse was financially dependent on the other throughout the course of the marriage, then they may be entitled to spousal support payments once the marriage ends. Reach out to our team to learn more about these payments and when they are appropriate.
- **[Divorce mediation](https://familylawadvocate.com/family-law/mediation/).** Before your family law matter makes its way before a judge, you may be ordered to participate in mediation (even if you are not ordered to mediate your case, doing so is strongly recommended). Our lawyers provide mediation representation and can help you to reach an agreement that is favorable and fair.
- **[Appeals](https://familylawadvocate.com/family-law/appeals/).** If a family law order has been issued by a court and you disagree with the decision, we can represent you in appealing the decision or seeking a modification, depending on which course of action is most appropriate.

## Call Our Arlington Heights Family Lawyers Today

If you have a family law matter that cannot be resolved without legal intervention, reach out to our experienced Arlington Heights family law attorneys at Gordon & Perlut, LLC today. You can contact us online or by phone to request a consultation and start the process today.

---

### [Arlington Heights Family Lawyer](https://familylawadvocate.com/family-lawyer-arlington-heights-il/)

**Published:** April 10, 2020
**Author:** familylawadvocate

**Content:**

Located just about 25 miles from the downtown area of the city of Chicago, [Arlington Heights](http://www.vah.com/) is a wonderful neighborhood for those who want a short commute to work, but who also want to live in a quiet, family-friendly community. In Arlington Heights, the public schools are great, rates of crime are low, and the town is known as one of the best in the state to raise a family.

But regardless of where you live and how family-friendly your neighborhood is, issues may arise within your family that lead to complications that require the support of an Arlington Heights family law attorney. At Gordon & Perlut, LLC, our family law attorneys can help. Call today to learn more.

## Our Arlington Heights Family Law Practice Areas

As you navigate the complex world of family law, please reach out to our law firm for support and guidance. We work on a variety of family law cases, including the following:

- **[Divorce](https://familylawadvocate.com/divorce/).** When a couple decides to dissolve their marriage, there are many other issues that they’ll need to decide, too, including how property will be divided, where the children will live, whether or not alimony will be part of the divorce settlement and more. We can advise on all of the above.
- **[Child custody](https://familylawadvocate.com/divorce/child-custody/).** Who will have custody of a child is typically one of the most contentious issues in a divorce case. We can help you to understand the laws surrounding child custody in our state, and what you’ll need to show the court in order to get custody of your child.
- **[Child support](https://familylawadvocate.com/divorce/child-support/).** Both parents are required to provide for their child financially in Illinois. If you are the noncustodial parent, you will be expected by the court to make support payments on a regular basis. Illinois uses the income shares model to determine each parent’s support obligation.
- **[Legal separation](https://familylawadvocate.com/divorce/legal-separation/).** Sometimes, a couple wants to take time apart but does not want to officially divorce. If this is the case, it may be in your interest to seek a legal separation agreement. Reach out to our team to learn more about the key differences between divorce vs. legal separation and which might be more appropriate for you.
- **[Spousal maintenance](https://familylawadvocate.com/maintenance-aka-alimony/).** If one spouse was financially dependent on the other throughout the course of the marriage, then they may be entitled to spousal support payments once the marriage ends. Reach out to our team to learn more about these payments and when they are appropriate.
- **[Divorce mediation](https://familylawadvocate.com/family-law/mediation/).** Before your family law matter makes its way before a judge, you may be ordered to participate in mediation (even if you are not ordered to mediate your case, doing so is strongly recommended). Our lawyers provide mediation representation and can help you to reach an agreement that is favorable and fair.
- **[Appeals](https://familylawadvocate.com/family-law/appeals/).** If a family law order has been issued by a court and you disagree with the decision, we can represent you in appealing the decision or seeking a modification, depending on which course of action is most appropriate.

## Call Our Arlington Heights Family Lawyers Today

If you have a family law matter that cannot be resolved without legal intervention, reach out to our experienced Arlington Heights family law attorneys at Gordon & Perlut, LLC today. You can contact us online or by phone to request a consultation and start the process today.

---

### [Melrose Park Child Custody Attorney](https://familylawadvocate.com/child-custody-attorney-melrose-park-il/)

**Published:** February 27, 2018
**Author:** familylawadvocate

**Content:**

If you’re getting divorced and have children, part of the divorce agreement will include where and with whom the children get to live. Child custody hearings can be difficult on both the parents and the children, which is why you need a [child custody lawyer](https://familylawadvocate.com/divorce/child-custody/) who can negotiate custody issues.

## Why Do You Need Child Custody Advice and Representation?

Illinois no longer uses the term “custody”, but rather “Allocation of Parental Responsibilities”. Seeking out the best legal representation you can find is extremely important since the parent who the child lives with or the custodial parent gets to make significant decisions regarding the child’s lifestyle, education, and welfare. The parents can also opt for what we used to call ‘Joint Custody’, meaning the parents make significant decisions together regarding their children. Not getting the proper representation could mean you can lose the right to see your child.

Gordon & Perlut, LLC has been serving residents of Illinois by providing them with sound legal advice and legal representation for Illinois Child Custody cases. If you currently reside in Melrose Park and are engaged in a legal custody battle for your child, you should understand the rules of child custody in Illinois.

## Do Know Your Rights During a Child Custody Battle?

![Melrose Park Child Custody](https://familylawadvocate.com/wp-content/uploads/2018/02/Melrose-Park-Child-Custody-300x200.jpg "Melrose Park Child Custody")

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), an individual may begin a Melrose Park Child Custody case even if the child is not currently residing in Illinois, provided they have lived in the state within six months of the filing. When you plan on presenting your case in an Illinois court you are going to need to provide the facts that show jurisdiction, enabling you to ask for custody of your child in Illinois.

Courts in Illinois must decide on a [parenting schedule](https://familylawadvocate.com/divorce/visitation/), and how decisions about your child will be made. The first refers to the specific days and times the child will be with each parent; a parenting schedule. Our courts tend to favor that a child spends significant time with both parents unless it is not in that child’s best interest. If you want to ask a court to restrict the time of the other parent, it is your burden (with your attorney) to show a court why a liberal parenting schedule is not in your child’s best interest.

Also, the court will need to decide if the parents are capable of making joint decisions about major issues, or if the Court must choose one parent to make all of the major decisions. This is what used to be referred to as “custody”: the right of a parent or parents in making major decisions such as the schooling, healthcare, and religious upbringing of the child. In a joint Allocation Judgment, both parents get to make major decisions on behalf of the child. In [Melrose Park](https://www.melrosepark.org/) and Illinois, do our courts listen to the opinions of the children? Yes, the court is not bound by your child’s opinion, and generally will give some weight to that opinion based upon your child’s age and maturity.

Determining a Melrose Park Child Custody attorney will require thoughtful consideration since it is an extremely serious and difficult issue. If you find yourself in this challenging situation, turning to an experienced child custody attorney can give you the sound advice you need to proceed.

## Contact a Reliable Melrose Park Child Custody Lawyer Today

To find out more about how we can help you with regards to Melrose Park Child Custody issues after going through the difficult time of divorce, feel free to contact Gordon & Perlut, LLC at 312-360-0250.

---

### [Unmarried Parents](https://familylawadvocate.com/divorce/unmarried-parents/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Civil Unions and Unmarried Parents – Illinois Child Custody & Support

### Attorneys helping you protect your parental rights in Cook, Lake, and DuPage County

Unmarried parents and those in a civil union often assume that they have the same rights as married parents. While in many ways this is true, there are important differences that need to be recognized. Attorneys at Gordon & Perlut, LLC can help you understand your rights and responsibilities.

One of the most important distinctions is that unmarried parents seriously should consider having a court case in Illinois, even if the parties are living together as a family unit. Why? One reason is that it is important for the father of the child to establish properly his paternity of that child. This can be accomplished in Illinois by merely completing the state’s Voluntary Acknowledgment of Paternity form. Many couples complete this form at the hospital when the child is born so the father can be listed on the child’s birth certificate.

### Establish That Family Is Living Together

However, it is important to establish that the family is living together as a unit to prevent problems. For example, when a family unit dissolves, and the parents are not married, one of them can take the child and move to another location. At that point, the other parent has no officially outlined rights about the child. Of course, the other parent has rights, but if there has never been a court case, that parent would need to start at the beginning and go to court to enforce his or her rights, such as child support or parenting time. If there was already a case on file with the court, it is much easier and quicker to establish temporary and long-term rights for each parent after the breakup of the family unit. Unfortunately, we have seen far too many examples of a parent who suddenly leaves the family home with the child and refuses to allow the other parent to see that child. The other parent usually calls the police and is informed that, if there is no court order, a judge must determine each parent’s rights and responsibilities. This inevitably creates a crisis situation, which is in nobody’s interest.

### Illinois Parentage Act

An important aspect of the [Illinois Parentage Act of 2015](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59) is that it allows a parent with possession of a child to claim child support back until the date the child was born. However, if the parties were living together as a family unit, it would not be appropriate to award [child support](https://familylawadvocate.com/divorce/child-support/ "Child Support") for those time periods. By filing a case in court when the family is living together as a unit, not only establishes each party’s rights with respect to the child but also becomes a record that the family is living together as a unit. We have seen many cases in which the question of back child support becomes hotly contested, and the question is often if the parties were living together as a family unit during certain time periods.

### Paternity Testing

Another important aspect of the law is that both the father and mother have the right to challenge if the father is, in fact, the natural father of the child. However, many people do not realize that this right is limited because once paternity is established, either by the court and/or acknowledged (agreed to) by the parties, it is very difficult to “undo” this determination. A DNA test can easily determine paternity, but you cannot simply request a DNA test at any time. Once parties agree in court (or at the hospital on a voluntary acknowledgment of paternity) that the man is the father of the child, the court accepts this acknowledgment of paternity, and the father no longer has the absolute right to demand a DNA test. The lesson to be learned is that if either party has any doubts about paternity, a DNA test should be insisted upon. Before paternity is established, either party has the right to insist on the DNA test, but after paternity has been initially acknowledged, both parties must agree to the test.

### Let our child custody attorneys help you determine what’s best for your family

For more information, [email](https://familylawadvocate.com/contact-us/ "Contact Us") the family law attorneys of Gordon & Perlut, LLC or call our Chicago office at  312.360.0250 or our Skokie office at  847.329.0101for help with your case.

---

### [Resources](https://familylawadvocate.com/resources/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

[Cook County Court Forms](http://www.cookcountyclerkofcourt.org/NewWebsite/Forms.aspx?categoryid=16)

[Lake County Court Forms](https://www.lakecountycircuitclerk.org/court-forms)

[DuPage County Court Forms](https://www.dupageco.org/CourtClerk/CourtForms.aspx)

[Will County Court Forms](https://www.circuitclerkofwillcounty.com/Court-Forms/category/dissolutionfamily)

[McHenry County Court Forms](https://www.mchenrycountyil.gov/county-government/departments-a-i/circuit-clerk/online-services/court-forms)

[State of Illinois Court Forms](http://www.illinoiscourts.gov/Forms/approved/divorce/divorce.asp)

[Illinois Child Support Calculator](https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1)

[How to Efile](https://www.illinoislegalaid.org/legal-information/e-filing-tips-cook-county)

---

### [Testimonials](https://familylawadvocate.com/testimonials/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Parental Responsibilities](https://familylawadvocate.com/parental-responsibilities/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Financial Issues](https://familylawadvocate.com/financial-issues/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Mediation and Alternatives](https://familylawadvocate.com/family-law/mediation-alternatives/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Mediation, ADR & Litigation Alternatives

When appropriate mediation and other alternatives to litigation are often faster and more cost-effective than courtroom litigation. We offer mediation and conflict resolution services directly to parties in family law litigation, and we also offer legal assistance and advice to clients using third party mediators and need guidance as they proceed through the mediation process.

## Mediation, conflict resolution, and collaborative law

Mediation, conflict resolution, and collaborative law: We offer all of these services to clients.

Mediation is parties hiring us to assist them in resolving their [divorce](https://familylawadvocate.com/divorce/) or other family law dispute in a cooperative manner. In this situation, in which we are hired as the mediator, we do not represent either party and act as trained neutrals to assist the parties in resolving their conflict. Often, each party will have their own outside attorneys they can consult for advice during the negotiation and mediation process.

Collaborative law is each party hiring an attorney who agrees to resolve the [family law](https://familylawadvocate.com/family-law/) dispute through negotiation and without resorting to courtroom litigation. In some cases, this may be appropriate.

Representation in mediation. We often represent one party who has agreed with their spouse to use the services of a mediator. Even in those situations, each party can benefit from acquiring an attorney who represents their interests and can give them advice and guidance as they seek to negotiate a peaceful resolution to their case.

## Contact us

Family matters to Gordon & Perlut, LLC. That is why our firm works so hard to achieve resolutions to each case in your family’s best interests.

Benefit from our extensive experience with mediation. Call today: 312-360-0250 or 847.329.0101.

---

### [Legal Separation](https://familylawadvocate.com/divorce/legal-separation/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Adept Chicago Divorce Lawyers & Family Law Attorneys Guiding you through Legal Separation

### Caring Illinois legal separation attorneys in Cook County, Lake County, and DuPage County

Part of our goal at Gordon & Perlut, LLC is to help you understand the often complicated divorce process. Some information about the history of divorce may be helpful in this regard.

All states in the United States completely revamped their divorce laws in the 1970s, including in the area of legal separation. Illinois passed their new statute, the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59), in 1977. The political battle in our state was quite fierce, and one of the main opponents to liberalized divorce laws was the Roman Catholic Church, amongst others. One compromise contained in our current state statute was to allow parties to settle divorce type issues (relating to, for example, property and children) without asking for a divorce.

Although divorce has become quite common in our society, there are still a number of people who object to completely dissolving their marriage, either because they want or need some of the protections afforded in a divorce or are opposed to divorce based upon religious grounds. Many people do not get divorced because they need the health insurance provided by the other spouse, or they have been married many years and are elderly, etc.

The compromise in Illinois was to allow “legal separation.” Essentially, any person living separate and apart from his or her spouse without fault may have a remedy for reasonable support and maintenance while they still live apart. Hence, by filing a Petition for Legal Separation with a circuit court in any county in our state, the court can award support and deal with other issues between the parties without terminating the marriage. Once the Judgment for Legal Separation is entered by the court, property can be subsequently acquired and held separately as non-marital property. Seek guidance from your Cook County area [divorce lawyer](https://familylawadvocate.com/divorce/ "Home") for a thorough explanation of property issues related to separation and divorce. The attorneys of Gordon & Perlut, LLC can help you understand your options, including alternative resolution methods, such as [mediation](https://familylawadvocate.com/family-law/mediation/ "Mediation"), especially when thorny issues like property division and allocation of parental responsibilities (formerly known as [child custody](https://familylawadvocate.com/divorce/child-custody/ "Child Custody")) are involved.

It is important to understand that the other spouse is not prohibited from filing his or her own Petition for Dissolution of Marriage and requesting that the court completely dissolve the marriage. Your divorce attorney can guide you through the separation process with minimal stress and confusion.

## Contacting experienced legal separation attorneys

Let the attorneys at Gordon & Perlut, LLC help you with your legal separation. Contact our divorce lawyers [online](https://familylawadvocate.com/contact-us/ "Contact Us") or call  312.360.0250 for our Chicago office or  847.329.0101 for our Skokie office.

---

### [Divorce Lawyer for Men – Morton Grove](https://familylawadvocate.com/divorce/morton-grove-divorce-lawyer-for-men/)

**Published:** May 5, 2017
**Author:** familylawadvocate

**Content:**

Divorce is one of the greatest stressors in a man’s life. Gordon & Perlut, LLC is the partner of men going through this tough phase, and strive to make the entire process as stress-free and painless as possible. The Morton Grove divorce lawyers are committed to providing competent legal counsel to men and help with their divorce-related issues, such as the assignment of parental responsibilities, paternity, father’s rights, property, and debt division, and all other family law issues. Our goal is to offer men the legal guidance they need both in and out of courts to get the desired outcomes in their divorce.

## Compassionate Morton Grove Divorce Lawyers for Men

No matter how strong men think they are, divorce takes an emotional toll on their wellbeing. All the decisions you take during this challenging time will have a great impact personally and financially on your life after divorce. Not only that, it can significantly affect the level of involvement in making important decisions for your children.

At Gordon & Perlut, LLC, our [Morton Grove divorce lawyers](https://familylawadvocate.com/family-law-attorney-morton-grove-il/) take time out to attentively listen to your story and develop a thorough understanding of your needs and goals. We diligently work with you to fight for your rights and ensure that your best interests are protected throughout the divorce proceedings. We understand the critical nature of this transition and commit ourselves to be with you shoulder to shoulder at every step while doing the best we can to protect everything that is important to you.

## We can Handle High-Conflict Divorces

A normal divorce is bad and stressful enough, but when things are completely out of sync between you and your wife, it can quickly turn into a highly conflicting one. People going through this type of divorce often fight, show anger, and exhibit hostility in almost all divorce-related matters. Some of the most contentious areas of divorce include children, money and possessions, new relationships, and several others.

Your wife may frequently attempt to weaken your position by accusing you, for example, domestic violence or adultery. While the new Illinois laws have eliminated all fault grounds for divorce, these things can still affect several aspects of your case. But with our divorce attorneys by your side, you can rest assured that we will provide aggressive legal representation for your case and diligently defend you to get favorable outcomes.

## Discuss your Case with our Men’s Divorce Lawyers in Morton Grove, IL

Divorce is a complex area of Illinois family law. With continually changing statutes and each case having a unique set of circumstances, it is essential that you seek the legal services of a reputed law firm with extensive experience and in-depth knowledge in dealing with family law cases.

[Contact](https://familylawadvocate.com/contact-us/) the Law Office of Gordon & Perlut, LLC today at 847-329-0101/ 312-360-0250 or use our online form to schedule an initial consultation and discuss your case with our Morton Grove divorce attorneys. We have offices in Chicago and Skokie, Illinois.

---

### [Divorce Lawyer for Women – Skokie](https://familylawadvocate.com/divorce/skokie-divorce-lawyer-for-women/)

**Published:** May 5, 2017
**Author:** familylawadvocate

**Content:**

If you are unfamiliar with the legal aspects of divorce and want to know whether dissolving your marriage is the right option to bring about the change you need in your life, you have come to the right place. The divorce lawyers at Gordon & Perlut, LLC can help you understand the entire divorce process, and answer all of your questions. We understand the hardships you may be facing to keep your family together and help you see the bright side of your life after divorce.

Our Skokie divorce lawyers craft a legal strategy by taking into account your individual circumstances to effectively manage the difficulties that are likely to arise after the marriage has been dissolved. These may include formulating a parenting plan, sharing parental responsibilities, transitioning to one income, and dividing your marital property. We listen to all your queries and concerns and help you smoothly transition through every stage of your case.

## How our Skokie Divorce Lawyers help you with Divorce in Illinois

At Gordon & Perlut, LLC, our law firm is committed to using our extensive experience and in-depth knowledge to help clients resolve issues they face during the divorce proceedings. We know that the process is difficult and complex, and requires a proactive, reasonable, and effective approach to reach a settlement as quickly as possible. Because we care for our clients, we come up with solutions, like mediation and other alternate dispute resolution methods that save their time, energy, and money, as well as reduce stress and anxiety.

If your circumstances require litigation, we will offer the highest caliber of representation to fight for your rights and strive to get the most favorable outcome to meet your goals. Our Skokie [divorce lawyers](https://familylawadvocate.com/divorce/) are compassionate and take a personalized approach where we devise an effective legal strategy that seamlessly caters to their needs.

## Our Divorce Legal Services for Women

Our Skokie divorce lawyers for women provide legal assistance in a wide range of divorce issues, including:

- Alimony / [Spousal Maintenance](https://familylawadvocate.com/divorce/spousal-maintenance/)
- Assignment of parental responsibilities
- Debt division
- Mother’s rights
- [Adoption](https://familylawadvocate.com/adoption/)
- [Grandparent visitation](https://familylawadvocate.com/divorce/grandparent-visitation/)
- Guardianship
- [Appeals](https://familylawadvocate.com/family-law/appeals/)
- [Divorce Mediation](https://familylawadvocate.com/family-law/mediation/) and other ADRs
- [Orders of Protection](https://familylawadvocate.com/divorce/orders-of-protection/)
- [Parenting plans](https://familylawadvocate.com/divorce/visitation/)
- Post-decree matters
- [Property division](https://familylawadvocate.com/divorce/property-division/)
- [Relocation](https://familylawadvocate.com/divorce/children-removal-illinois/)

We are always prepared to provide legal assistance to our clients, even after the divorce has been finalized to ensure they continue to live a suitable lifestyle. If your needs and circumstances change after your marriage has been dissolved, we can help you Petition the court for revising the maintenance and child support payments through post-decree modification. We also ensure that your ex-husband makes all the payments on time through enforcement.

## Discuss your case with our Women’s Divorce Lawyers in Skokie, IL

For more information about divorce, you may [contact](https://familylawadvocate.com/contact-us/) the Law Office of Gordon & Perlut, LLC today at 847-329-0101/ 312-360-0250 or use our online form to schedule an initial consultation and discuss your case with our Skokie divorce attorneys. We have offices in Chicago and Skokie, Illinois.

---

### [Pre-marital Agreement](https://familylawadvocate.com/divorce/pre-marital-agreement/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Cook County Attorneys Draft Your Solid Premarital Agreements

### Skokie and Chicago divorce attorneys providing legal protection for your property and assets

Illinois has enacted the [Uniform Premarital Agreement Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59). The Skokie family lawyers at Gordon & Perlut, LLC are experienced in drafting premarital agreements protecting our clients’ rights and their fair share of marital property.

Prospective spouses may have a premarital agreement prepared to address the following issues:

- each party’s rights and obligations regarding any property belonging to either or both of them, regardless of when it was acquired or where it is located;
- the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property, such as the [marital residence](https://familylawadvocate.com/divorce/marital-residence/ "Marital Residence");
- [property division](https://familylawadvocate.com/divorce/property-division/ "Property Division") upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;
- the modification or elimination of spousal support;
- the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- the ownership rights to and disposition of the death benefit from a life insurance policy;
- the choice of law governing the construction of the agreement, and
- any other matter, including the parties’ personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Specific guidelines apply to Illinois premarital agreements, and if one spouse ignores the agreement, it may be unenforceable in court. Premarital agreements are not enforceable if the other party can prove that:

- the agreement was not entered into voluntarily;
- the agreement is “unconscionable”;
- fair and reasonable disclosure of the property or financial obligations of the other party was not provided before the agreement was entered into (or the right to such disclosure was not voluntarily and expressly waived in writing);
- the objecting spouse did not have or reasonably could not have had adequate knowledge of the property or financial obligations of the other party.

Sometimes, parties attempt to craft their own premarital agreements without the assistance of an attorney. We strongly advise each party to have an independent Cook County [divorce attorney](https://familylawadvocate.com/ "Home") review the premarital agreement. Otherwise, it is very likely to be unenforceable.

### Contact a Skokie family lawyer for your premarital agreement needs

For more information about what is needed for a premarital agreement, [email](https://familylawadvocate.com/contact-us/ "Contact Us") our Chicago divorce attorneys at Gordon & Perlut, LLC or call our office in Chicago at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  or our Skokie office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  to help you. Our firm serves Chicago, Evanston, Skokie, Northbrook, Niles, Glenview, and the Cook County area.

---

### [Appeals](https://familylawadvocate.com/articles/appeals/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Appeals Attorneys in Chicago

Gordon & Perlut, LLC concentrates on the practice of family law and are well suited to assist you in an appeal of any decision of a Circuit Court within our state.

The most important issue to remember is that a Notice of Appeal must be filed within 30 days of the entry of a Final Order. This does not mean that the appeal must be filed within 30 days, but rather that a simple Notice of Appeal is required. If timely notice is not filed in the proper time, the right to an appeal is waived and the Circuit Court Order or Judgment will stand.

If you are considering an [appeal](https://familylawadvocate.com/family-law/appeals/ "Appeals"), you should contact an attorney immediately. It is important to remember that the Court of Appeals does not take testimony from the parties, but rather only considers the briefs filed by the attorneys in the appeal and the court record from the Circuit Court. Therefore, it is very important to make sure that you “make your record” in the lower court. Sometimes, a client will ask if certain actions we take as attorneys (for example, hiring a court reporter to type a transcript of a court proceeding) is necessary. My response is always that we need to make a record of the case. Otherwise, the only record of a Hearing, for example, that survives is the court Order issued. Without a record of the proceedings, an appellate court cannot refer to what happened at the Court Hearing. This can often be the difference between winning and losing your appeal.

## Need an Appeals Attorney for your case?

Email our experienced Appeals Attorneys in Chicago at Gordon & Perlut, LLC or call ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or 847.329.0101  now to look over your case and help you win your appeal.

---

### [Adoption](https://familylawadvocate.com/articles/adoption/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Adoption

Gordon & Perlut, LLC can assist clients with this important area of law. Whether you are seeking to have your spouse adopt your child from a previous relationship, you are attempting to [adopt a child](https://familylawadvocate.com/adoption/ "Adoption") to start or expand your own family, or if you are attempting to adopt an adult, we can help you with this process.

## Let our attorneys help you through the adoption process

For more information, [email](https://familylawadvocate.com/contact-us/) our Chicago Adoption Lawyers or call our Chicago office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  or our Skokie office at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847.329.0101  to help you with your adoption case.

---

### [Courtroom Advocacy](https://familylawadvocate.com/family-law/courtroom-advocacy/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Skokie Litigation and courtroom advocacy

When you decide to go to court, decisions about what will happen to you and your family are placed in a judge’s hands. The attorney you choose to represent you is of vital importance. We will give voice to your concerns in courtroom litigation and will be responsible for preparing your case for trial.

## Litigation services

We are experienced trial advocates who will protect your rights and pursue your family’s best interests in court. Our knowledge of the law, trial experience, and analytical skills often prove to be our client’s best asset in courtroom litigation and family mediation.

When you retain our services, we evaluate your legal alternatives and discuss your risks and opportunities with you. These discussions determine the most appropriate course of action. Our hands-on approach to cases makes the difference in our representation of our clients.

We work with clients to identify the root cause of the conflict and engage in pioneering legal and investigative work to produce the best outcomes. When needed, we consult with forensic accountants, appraisers, psychologists, and valuations experts to:

| - Assess financial records - Appraise real estate property - Uncover hidden assets - Counsel children in times of crisis | - Separate retirement accounts - Value investments, including stocks and bonds - Appraise heirlooms, antiques, artwork, jewelry - Estimate the worth of a business |
|---|---|

## Contact us

Nothing means more to Gordon & Perlut, LLC than family. That is why his firm works so hard to achieve results in your family’s best interests.

Benefit from our experience with family law litigation. Call today: 847.329.0101.

---

### [M. Scott Gordon](https://familylawadvocate.com/m-scott-gordon/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Excerpt:** M. Scott Gordon is the founding principal at Gordon & Perlut, LLC, and has concentrated his legal practice in Family Law for over 20 years. 

**Content:**

M. Scott Gordon is the founding principal at Gordon & Perlut, LLC, and has concentrated his legal practice in Family Law for over 20 years.

---

### [Legal Separation](https://familylawadvocate.com/articles/legal-separation/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

# Legal Separation Laws in Chicago

All states in the United States completely revamped their divorce laws in the 1970s. Illinois passed their new statute, the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59), in 1977. The political battled in our state was quite fierce, and one of the main opponents to liberalized divorce laws was the Roman Catholic Church, amongst others. One compromise contained in our current state statute was to allow parties to settle divorce type issues (relating to, for example, property and children) without asking for a divorce. Although [divorce has become quite common](https://familylawadvocate.com/most-common-reasons-for-divorce/) in our society, there are still a number of people who object to completely dissolving their marriage, either because they want or need some of the protections afforded in a divorce or are opposed to divorce based upon religious grounds. Many people do not get divorced because they need the health insurance provided by the other spouse, or they have been married many years and are elderly, etc.

The compromise in Illinois was to allow “legal separation.” Essentially, any person living separate and apart from his or her spouse without fault may have a remedy for reasonable support and maintenance while they still live apart. Hence, by filing a Petition for Legal Separation with a circuit court in any county in our state, the court can award support and deal with other issues between the parties without terminating the marriage. Once the Judgment for Legal Separation is entered by the court, property can be subsequently acquired and held separately as non-marital property.

It is important to understand that the other spouse is not prohibited from filing his or her own Petition for Dissolution of Marriage and requesting that the court completely dissolve the marriage.

## Contacting experienced legal separation Attorneys

Let the attorneys at Gordon & Perlut, LLC help you with your legal separation. Contact our Chicago [divorce lawyers](https://familylawadvocate.com/contact-us/) online or call ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312.360.0250  for our Chicago office or 847.329.0101  for our Skokie office.

---

### [Privacy Policy](https://familylawadvocate.com/privacy-policy/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

We are committed to the protection of your privacy and will treat all of the information you provide through the Firm Web site, including your registration information, with the utmost confidentiality.

---

### [Disclaimer](https://familylawadvocate.com/disclaimer/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

The information you obtain while on this website is not, nor intended to be legal advice. For legal advice regarding your unique situation, you should consult with an attorney. We invite you to contact our law firm should you have any inquiries but simply contacting us does not create an attorney-client relationship.

---

### [Firm Overview](https://familylawadvocate.com/firm-overview/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

**Experience, Integrity, Results**

The Law Office of Gordon & Perlut, LLC practices Family Law at the highest level of skill, knowledge, sophistication, and versatility. Established in 1998 the firm practices focus on all areas of [Divorce](https://familylawadvocate.com/divorce/) and [Family Law](https://familylawadvocate.com/family-law/) and family advocacy. Our offices are conveniently located in Skokie and Chicago and we have had the privilege of serving the city of Chicago and the North Shore for over 15 years. Our dedication to our clients has led to continued success over that time and we truly pride ourselves in reaching a dedicated and favorable result for your case.

![Gordon & Perlut, LLC](https://familylawadvocate.com/wp-content/uploads/2016/09/family-300x251.jpg "Gordon & Perlut, LLC | Chicago & Skokie Divorce & Family Law Attorneys")Gordon & Perlut, LLC can help you with any of your Divorce or Family Law needs. We have clients throughout Lake, Cook, and DuPage County, and we provide affordable, successful legal guidance and quality representation. Our Attorneys can assist with any and all of your family law needs such as matrimonial law and divorce and including complicated issues such as financial agreements and parental rights. We encourage you and your spouse to resolve matrimonial issues by means of negotiation, divorce [mediation](https://familylawadvocate.com/family-law/mediation-alternatives/), and collaborative proceedings because we understand this can be a difficult process. We are here to help.

Being a leader in both  Mother’s and [Father’s rights,](https://familylawadvocate.com/fathers-rights/) we have a continued track record of success representing all of our client’s needs. We believe each client is unique and our attorneys provide a dedicated and tailored solution for your specific need.

We offer a no-cost phone consultation to discuss your case, as well as convenient locations when we meet for review. Speak with a compassionate Divorce and Family attorney today by phone at 847-329-0101 or [use our quick contact form](https://familylawadvocate.com/contact-us/). Contact the Law Office of Gordon & Perlut, LLC today.

---

### [Family Law](https://familylawadvocate.com/family-law/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

## Chicago Family Law Attorney

Families are one of the few things that every single Chicago area resident has in common. It is no surprise then that dealing with a family law matter is one of the most common ways that local residents become involved in the legal system.

Chicago family law cases are unique in that they involve both complex legal details as well as being rooted in deep emotional and social challenges. Just as no two families are the same, every family law matter is different. On top of dealing with the legal rules and regulations, all resolutions must also account for potentially frayed relationships, resentments, and the best interest of children.

Attorneys who deal with these matters must account for these emotional issues with an understanding of the way resolutions can forever affect your family’s future.

## ![Chicago Family Law Attorney](https://familylawadvocate.com/wp-content/uploads/2016/09/ladies.jpg "Chicago Family Law Attorney")Common Family Law Issues Affecting Chicago Area Residents

Family law includes a wide range of legal matters involving married couples, ex-partners, parents, children, guardians, grandparents, and others. Some of the most common cases faced by Chicago residents include:

- [Divorce](https://familylawadvocate.com/divorce/ "Chicago Divorce Lawyer")
- [Child Custody](https://familylawadvocate.com/divorce/child-custody/ "Chicago Child Custody Attorney")
- [Child Support](https://familylawadvocate.com/divorce/child-support/)
- Spousal Rights
- Premarital Agreements
- [Guardianship](https://familylawadvocate.com/divorce/guardianships/)
- Domestic Violence & [Orders of Protection](https://familylawadvocate.com/divorce/orders-of-protection/)
- [Adoption](https://familylawadvocate.com/adoption/)

Laws related to these and other cases are complex and frequently changing. When navigating these legal waters, it is important to have a trained professional family law attorney working on your behalf.

### Contact a Chicago Family Law Attorney Today

Many Chicago area residents will deal with a family law matter at some point in their lives. Whether you are [going through a divorce](https://familylawadvocate.com/divorce/), [seeking child support](https://familylawadvocate.com/divorce/child-support/), [pursuing visitation](https://familylawadvocate.com/divorce/visitation/), or have any other legal matter to resolve, make sure that you have experienced legal professionals on your side. For counsel in Chicago, Skokie, and many communities in between, please contact the family law attorneys at Gordon & Perlut, LLC. You can contact us online at any time or give us a call today at ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)847-329-0101  or ![](resource://skype_ff_extension-at-jetpack/skype_ff_extension/data/call_skype_logo.png)312-360-0250  to see how we can help.

---

### [Contact Us](https://familylawadvocate.com/contact-us/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Collaborative Law](https://familylawadvocate.com/collaborative-law/)

**Published:** May 26, 2020
**Author:** familylawadvocate

**Content:**

Many of our clients dread the thought of the divorce *process*, and we encourage them to consider using the Collaborative Law procedure instead. Collaborative Law is not for everyone, but it should be considered. Surveys show that clients who utilize the Collaborative Law process are more likely to be satisfied with the outcome than with divorce litigation, and it certainly is far less stressful and draining not only on you and your finances but also on your family.

What is Collaborative Law? It is a *voluntary* process to help you resolve your divorce or other family law dispute. Here is how it works:

You each hire a Collaborative Law attorney to assist and advise you at all times. You both sign a “participation agreement” which describes what issues you are attempting to resolve, you agree to disclose all relevant information voluntarily, that you will negotiate in good faith, that you may hire other experts (such as accountants, child therapists, etc.) to assist the process, and finally that if negotiations break down that the lawyers involved in Collaborative Law process will *not* participate in any litigation; each party would need to retain new counsel.

The Collaborative Law process was developed to allow people the “space” to negotiate their divorce or other family law issues without litigation, and to take the urge to litigate the situation in Court. The Collaborative Law process affords you have the benefit of a lawyer, and any other skilled professionals your family may need to complete the case; this flexibility is often unavailable (or at least more constricted) in Court. While neither party gives up the option of going to Court, by having the attorneys precluded from litigating (and thus requiring each party to retain a new lawyer), it certainly sets up a framework where everyone is committed to resolving the matter without litigation because they do not want to start from scratch.

[Family Law](https://familylawadvocate.com/family-law/) and [divorce](https://familylawadvocate.com/divorce/) are different than any other kind of legal dispute and often shared interests are present, even with a spouse where you feel you can agree upon very little. Finding shared solutions can work to everyone’s advantage, even though in the “fog” of a family breakup it is hard to see or even imagine.

[Gordon & Perlut, LLC](https://familylawadvocate.com/) has trained and experienced Collaborative Law attorneys who can assist you. Give us a call at our Chicago Office – 312.360.0250 or at our Skokie Office – 847.329.0101 to find out and schedule a consultation.

---

### [Dayna L. Perlut](https://familylawadvocate.com/dayna-l-perlut/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Excerpt:** Dayna L. Perlut is a founding principal of Gordon & Perlut, LLC and has exclusively practiced in the area of family...

**Content:**

Dayna L. Perlut joined the firm in 2010. Ms. Perlut earned her Juris Doctorate from The John Marshall Law School.

---

### [Thank You](https://familylawadvocate.com/thank-you/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

Your request was submitted. Please check your email for our E-Book on Navigating Family Law Issues During the COVID-19 Outbreak.

![](//www.googleadservices.com/pagead/conversion/1002196216/?label=bU3zCLzN814Q-Jnx3QM&guid=ON&script=0)

---

### [Sample Page](https://familylawadvocate.com/sample-page/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

This is an example page. It’s different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this:

> Hi there! I’m a bike messenger by day, aspiring actor by night, and this is my website. I live in Los Angeles, have a great dog named Jack, and I like piña coladas. (And gettin’ caught in the rain.)

…or something like this:

> The XYZ Doohickey Company was founded in 1971, and has been providing quality doohickeys to the public ever since. Located in Gotham City, XYZ employs over 2,000 people and does all kinds of awesome things for the Gotham community.

As a new WordPress user, you should go to [your dashboard](https://familylawadvocate.com/wp-admin/) to delete this page and create new pages for your content. Have fun!

---

### [Videos](https://familylawadvocate.com/videos/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Separated link](https://familylawadvocate.com/separated-link/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Something else here](https://familylawadvocate.com/something-else-here/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Resource & Information](https://familylawadvocate.com/resource-information/)

**Published:** September 12, 2016
**Author:** familylawadvocate

---

### [One more separated link](https://familylawadvocate.com/one-more-separated-link/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [IL Maintenance Calculator](https://familylawadvocate.com/il-maintenance-calculator/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Map & Directions](https://familylawadvocate.com/directions/)

**Published:** September 9, 2016
**Author:** familylawadvocate

---

### [Chicago Office](https://familylawadvocate.com/directions/chicago-office/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

## Maps & Directions

### Gordon & Perlut, LLC

### Chicago Office

180 N. La Salle Street
Chicago, Illinois, 60601
Phone: 312.360.0250

---

### [Skokie Office](https://familylawadvocate.com/directions/skokie/)

**Published:** September 12, 2016
**Author:** familylawadvocate

**Content:**

## Maps & Directions

### Gordon & Perlut, LLC

### Skokie Office

4709 W. Golf Road
Skokie, Illinois, 60076
Phone: 847.329.0101

---

### [Divorceinformation](https://familylawadvocate.com/divorceinformation/)

**Published:** September 9, 2016
**Author:** familylawadvocate

---

### [Divorce Information](https://familylawadvocate.com/divorce-information/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

Coming Soon….

---

### [Attorney Blog](https://familylawadvocate.com/attorney-blog/)

**Published:** September 9, 2016
**Author:** familylawadvocate

---

### [ADDITIONAL INFORMATION](https://familylawadvocate.com/additional-information/)

**Published:** September 1, 2016
**Author:** familylawadvocate

---

### [Area Of Law](https://familylawadvocate.com/area-of-law/)

**Published:** September 9, 2016
**Author:** familylawadvocate

**Content:**

Coming Soon….

---


## Sliders

### [Slider 2](https://familylawadvocate.com/fladvocate-slider/slider-2/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

### Helping You achieve the best possible
results for over 20 years.

[Learn More](https://familylawadvocate.com/chicago-divorce-attorney-videos/)

---

### [Slide 3](https://familylawadvocate.com/fladvocate-slider/slide-3/)

**Published:** October 19, 2016
**Author:** familylawadvocate

**Content:**

### Experienced, Passionate and Dedicated 

[Learn More](https://familylawadvocate.com/chicago-divorce-attorney-videos/)

---

### [Slide 1](https://familylawadvocate.com/fladvocate-slider/slide-1/)

**Published:** September 1, 2016
**Author:** familylawadvocate

**Content:**

### Serving Chicago and the North Shore for over 20 years.

[Learn More](https://familylawadvocate.com/chicago-divorce-attorney-videos/)

---

### [Slide 4](https://familylawadvocate.com/fladvocate-slider/slide-4/)

**Published:** October 19, 2016
**Author:** familylawadvocate

**Content:**

### AGGRESSIVE, AFFORDABLE

And YOUR

### FAMILY LAW ADVOCATE 

[Learn More](https://familylawadvocate.com/chicago-divorce-attorney-videos/)

---


## Testimonials

### [Testimonial 8](https://familylawadvocate.com/fladvocate-testimonial/testimonial-8-2/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I believe Mr. Gordon more than met my expectations by listening to everything I had in mind. Mr. Gordon fulfilled my requests and brought strong insight on winning my case. Patience, wisdom, and understanding are attributes Mr. Gordon excels in. Mr. Gordon represented my child support case for [college expenses](https://familylawadvocate.com/how-long-am-i-liable-for-childrens-college-expenses/) for my daughter who was in need of support. Mr. Gordon is one of the best family law lawyers I’ve encountered.
 *—Sylvia M.*

---

### [Testimonial 6](https://familylawadvocate.com/fladvocate-testimonial/testimonial-7/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

M. Scott Gordon has represented me in a marriage separation case with continued professionalism, determination and attention to my expressed needs and desires. Scott was always fully and well prepared, which I believe makes a positive impression on his arguments before the bench. He has the experience to develop successful strategies and to forecast the impact of the opposition’s tactics. He successfully could argue for the dismissal of a series of demands made by the opposition, thus [avoiding considerable cost](https://familylawadvocate.com/how-to-avoid-unnecessary-costs-in-an-illinois-divorce/) to me. I recommend Scott without reservation as an excellent counsel in cases involving marital issues.
 *—Timothy H.*

---

### [Testimonial 43](https://familylawadvocate.com/fladvocate-testimonial/testimonial-43/)

**Published:** September 19, 2019
**Author:** familylawadvocate

**Excerpt:** I worked with Scott & Dayna on a protracted & detailed legal case. Although I've been fortunate not to have many interpersonal dealings with attorneys outside of my work responsibilities, Dayna has the most "emotional intelligence" of any attorney I've ever met. Her approach is reasoned, meticulous & fair, and she never hesitates to outline best-case & worse-case scenarios for her clients. She even made herself available to talk live when frustration levels were high, and all of our business interactions were billed at very fair rates. For all of these reasons, I offer this company my highest level of recommendation.

**Content:**

I worked with Scott & Dayna on a protracted & detailed legal case. Although I’ve been fortunate not to have many interpersonal dealings with attorneys outside of my work responsibilities, Dayna has the most “emotional intelligence” of any attorney I’ve ever met. Her approach is reasoned, meticulous & fair, and she never hesitates to outline best-case & worse-case scenarios for her clients. She even made herself available to talk live when frustration levels were high, and all of our business interactions were billed at very fair rates. For all of these reasons, I offer this company my highest level of recommendation.

-N.K.J.

---

### [Testimonial 42](https://familylawadvocate.com/fladvocate-testimonial/testimonial-42/)

**Published:** November 15, 2018
**Author:** familylawadvocate

**Excerpt:** I would like to say Thank you Scott Gordon & Associates from the bottom of my heart. Words can not express how Thankful I am to have had a great team to represent me during this stressful time. You are very professional and very knowledgeable. During this entire process you've given me reassurance and confidence in a successful outcome and you delivered! I would highly recommend this law firm.

**Content:**

I would like to say Thank you Scott Gordon & Associates from the bottom of my heart. Words can not express how Thankful I am to have had a great team to represent me during this stressful time. You are very professional and very knowledgeable. During this entire process you’ve given me reassurance and confidence in a successful outcome and you delivered! I would highly recommend this law firm.

-S. Hearon

---

### [Testimonial 37](https://familylawadvocate.com/fladvocate-testimonial/testimonial-37/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Excerpt:** I could not have been more pleased with Scott and Dayna during the course of my lengthy divorce.  At every turn they provided me sound guidance and helped me make sound decisions, not just emotional ones.  They listened to me and in the end respected my decisions and supported them completely. 

**Content:**

“I could not have been more pleased with Scott and Dayna during the course of my lengthy divorce. At every turn they provided me sound guidance and helped me make sound decisions, not just emotional ones. They listened to me and in the end respected my decisions and supported them completely. Their experience and guidance were invaluable and I would not hesitate to recommend them to anyone…”
*Sarah G.*

---

### [Testimonial 38](https://familylawadvocate.com/fladvocate-testimonial/testimonial-38/)

**Published:** March 21, 2016
**Author:** familylawadvocate

**Excerpt:** I am positive there is no better family lawyer than Scott Gordon. Very professional and skillful gentleman. He represented me in my divorce case a few years ago and I hired him again for my child support case. I was very happy with every aspect of the process. He was very understanding and patient dealing with me and my broken English. He is an exceptional human being and great lawyer. Highly recommended.

**Content:**

“I am positive there is no better family lawyer than Scott Gordon. Very professional and skillful gentleman. He represented me in my divorce case a few years ago and I hired him again for my child support case. I was very happy with every aspect of the process. He was very understanding and patient dealing with me and my broken English. He is an exceptional human being and great lawyer. Highly recommended.”
*Janusz W.*

---

### [Testimonial 39](https://familylawadvocate.com/fladvocate-testimonial/testimonial-39/)

**Published:** May 4, 2016
**Author:** familylawadvocate

**Excerpt:** I felt well represented by M. Scott Gordon in my legal defense.  He definitely knows the law and showed abilities in writing an argument.  I trusted his counsel about avoiding a court hearing, negotiating a settlement and the payment amount.  Scott was always on top of deadlines and I never had to chase him down.  In addition, Scott was pro-active about adding detailed verbiage to my agreement as to protect me from further legal exposure.  He is a lawyer to be trusted.

**Content:**

“I felt well represented by M. Scott Gordon in my legal defense.  He definitely knows the law and showed abilities in writing an argument.  I trusted his counsel about avoiding a court hearing, negotiating a settlement and the payment amount.  Scott was always on top of deadlines and I never had to chase him down.  In addition, Scott was pro-active about adding detailed verbiage to my agreement as to protect me from further legal exposure.  He is a lawyer to be trusted.”

*George S.*

---

### [Testimonial 40](https://familylawadvocate.com/fladvocate-testimonial/testimonial-40/)

**Published:** May 18, 2016
**Author:** familylawadvocate

**Excerpt:** Very efficient & thorough.  Client friendly. Made difficult time as easy as possible.

**Content:**

“Very efficient & thorough.  Client friendly. Made difficult time as easy as possible.”

*Marcus B.*

---

### [Testimonial 41](https://familylawadvocate.com/fladvocate-testimonial/testimonial-41/)

**Published:** June 7, 2016
**Author:** familylawadvocate

**Excerpt:** Dynamic Duo!  All concerns were addressed in a professional manner and I felt completely comfortable that my child's best interests were being addressed.  High impressed and would definitely recommend!

**Content:**

Dynamic Duo!  All concerns were addressed in a professional manner and I felt completely comfortable that my child’s best interests were being addressed.  High impressed and would definitely recommend!

-Candice D.

---

### [Testimonial 36](https://familylawadvocate.com/fladvocate-testimonial/testimonial-35-2/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

The attorneys of Gordon & Perlut, LLC provided me with excellent counsel during this very difficult time in my life. Scott Gordon and Dayna Perlut were always fast in responding to my questions and needs. I would happily recommend their counsel.
*Jarrett G.*

---

### [Testimonial 35](https://familylawadvocate.com/fladvocate-testimonial/testimonial-35/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I was referred to M. Scott Gordon by a close friend and food good reason. Scott and his team went above and beyond. Not only was Scott’s legal advice spot on, he also acted as my personal counselor. When my wife and I decided to stay married Scott applauded us. I highly recommend Gordon & Perlut, LLC.
*James M.*

---

### [Testimonial 34](https://familylawadvocate.com/fladvocate-testimonial/testimonial-34/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott Gordon & Associates resolved a chaotic situation with such integrity and knowledge to which I am now in peace. In a sea of many attorneys its an honor to find an oasis in the middle of a “desert storm”! Thank you for helping us to become “family”
*Hazel B.*

---

### [Testimonial 33](https://familylawadvocate.com/fladvocate-testimonial/testimonial-33/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I am very pleased to have chosen Scott Gordon to assist me. I chose him based on prior testimonials I read. From the 1st meeting, I was pleased and felt positive about a terrible situation with my ex-husband. I highly recommend them.
*Deborah M.*

---

### [Testimonial 32](https://familylawadvocate.com/fladvocate-testimonial/testimonial-36/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Mr. Gordon and his team have been tremendous with me over the past few months in regards to child support issues. They handled the case in a professional manner that was second to none. I wouldn’t have wished for a better law firm than Mr. Gordon. Thanks a lot for your legal help.
*Jennit R.*

---

### [Testimonial 31](https://familylawadvocate.com/fladvocate-testimonial/testimonial-31/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Everything that you’ve done with my case is very much appreciated. My case has been going for 2 ½ years without any progress with my former lawyer, when I decided to seek a second opinion. Then I found your name online with good client reviews, and with no hesitation I took your service. I can truly say I made the right decision. Well experienced, very professional and accommodating lawyer.
*Arnulfo S.*

---

### [Testimonial 30](https://familylawadvocate.com/fladvocate-testimonial/testimonial-30/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I enjoyed working with Scott, he has a great disposition. Scott was sympathetic, courteous, prompt and professional. Scott worked very hard on my case and assisted me in improving my situation.
 *—Marilyn R.*

---

### [Testimonial 29](https://familylawadvocate.com/fladvocate-testimonial/testimonial-29/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott Gordon has been a blessing to me in my time of need when dealing with the frustrate\[ing\] phase of ending marital relationships. His patience, kindness, positive outlook, plus encouragements helped me to focus on my goal for divorce. He remained impartial and a great “listening” ear to my concerns and could facilitate a wonderful ease and calmness to this difficult “season” of “reality” to my marital situation. His expertise and humorous manner allowed me to be comfortable and “de-stressed” considering the current situation. I have recommended him to 2 additional persons in need of his services. I hope to retain him for any other “legal” matters in the near future. Scott thanks for your kind support! Good day and God bless you and your family.
 *—Patrice W.*

---

### [Testimonial 28](https://familylawadvocate.com/fladvocate-testimonial/testimonial-28/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott was very level headed and tried to keep my thoughts and emotions in mind at all times. Scott was very accessible, knowledgeable and caring. If I had to use an attorney in the future I definitely would use Scott. *—Brian D.*

---

### [Testimonial 27](https://familylawadvocate.com/fladvocate-testimonial/testimonial-27-2/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott Gordon has been professional and maintains high standards. I am pleased with my representation. He has been extremely knowledgeable regarding the specifics of my case. I highly recommend his services.
 *—Karen B.*

---

### [Testimonial 26](https://familylawadvocate.com/fladvocate-testimonial/testimonial-16-2/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott is very knowledgeable regarding issues concerning divorce. He is assertive, yet considerate; proactive, yet flexible (when needed). I appreciated his representation of me and would recommend him to others.
 *— Leonard S.*

---

### [Testimonial 25](https://familylawadvocate.com/fladvocate-testimonial/testimonial-25-2/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I am truly grateful that \[Scott\] agreed to my terms and that \[Scott\] respected my decisions. Thank you for your representation and legal advice.
 *—Nilda V.*

---

### [Testimonial 24](https://familylawadvocate.com/fladvocate-testimonial/testimonial-27/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

This is the first time since my divorce was final that I had an attorney who listened to me. He reviewed all my requests, no matter how small or petty, and put my children’s best interests first. I honestly can say that I was awarded more than I was seeking and did not have to compromise anything to get what I was asking. Thanks so much.
 *—Laurelyn L.*

---

### [Testimonial 23](https://familylawadvocate.com/fladvocate-testimonial/testimonial-23/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Questions were answered thoroughly. Received information in proceedings as asked. Would use Mr. Gordon again if needed.
 *—Ken S.*

---

### [Testimonial 22](https://familylawadvocate.com/fladvocate-testimonial/testimonial-25/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Mr. Gordon is a very good attorney. He is direct and to the point in what he says and carries out his work in a timely manner as quickly as possible. I was satisfied with the results of my divorce settlement and believed that Mr. Gordon represented me in a fair manner.
 *—Cheryl S.*

---

### [Testimonial 21](https://familylawadvocate.com/fladvocate-testimonial/testimonial-24/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I really appreciate \[Scott’s\] help from beginning to end…\[I know\] you understand as a father. God bless \[Scott\].
*–Alpesh A.*

---

### [Testimonial 20](https://familylawadvocate.com/fladvocate-testimonial/testimonial-20/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Mr. Gordon helped me tremendously during my divorce. I am very satisfied with the outcome, it might not be what I had hoped for, but it was better than what I expected. I would recommend Mr. Gordon’s services to anyone. Thanks for the great help!
 *—Tam N.*

---

### [Testimonial 19](https://familylawadvocate.com/fladvocate-testimonial/testimonial-19/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I want to say that Scott always fought hard in my case. He stood strong on my behalf. He also always did as I asked. Thank you for your work and thank you for dealing with all the headaches.
 *—Carol M.*

---

### [Testimonial 18](https://familylawadvocate.com/fladvocate-testimonial/testimonial-18/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I am extremely happy I hired Mr. Gordon as my attorney. He is a very professional and honest man. He has treated me with respect and patience in spite \[of\] my broken English. I will recommend his legal services to anyone in need of such.
 *—Janusz W.*

---

### [Testimonial 17](https://familylawadvocate.com/fladvocate-testimonial/testimonial-17/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott Gordon is very professional, yet kind and personal. Always kept me well informed on my case and got back to me promptly. He is very straight forward and honest. I really felt as if he was looking out for my best interests. I highly recommend him.
 *—Danielle M.*

---

### [Testimonial 16](https://familylawadvocate.com/fladvocate-testimonial/testimonial-16/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I thought \[Scott\] handled my case extremely well. Very prompt and professional. I would highly recommend \[Scott\] to my friends and family.
 *—Kathy S.*

---

### [Testimonial 15](https://familylawadvocate.com/fladvocate-testimonial/testimonial-15/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott Gordon is a personable, understanding yet matter-of-fact and to the point attorney. He is professional, honest, caring and looks out for his clients’ best interests. I highly recommend him for the unfortunate times during a divorce or other services. He is a man who will get the job done and done right! Thanks, Scott!!!
 *—Melissa M.*

---

### [Testimonial 14](https://familylawadvocate.com/fladvocate-testimonial/testimonial-14/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I am truly satisfied with the manner in which \[Mr. Gordon\] handled my divorce case. I enjoyed receiving \[Mr. Gordon’s\] correspondence in a very timely manner. I will be very happy to recommend \[Mr. Gordon’s\] high quality of service to my friends.
 *—Rineta K.*

---

### [Testimonial 13](https://familylawadvocate.com/fladvocate-testimonial/testimonial-13/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I believe the word that most aptly describes Mr. Gordon is integrity. In handling my divorce he was responsive, caring and very attentive to making sure my interests were well represented. Although there may be no winners in a divorce, I believe working with Mr. Gordon resulted in a fair settlement while maintaining my self-respect. I would recommend his services.
 *—Beth F.*

---

### [Testimonial 12](https://familylawadvocate.com/fladvocate-testimonial/testimonial-12/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Scott is very professional and to the point. He has immense knowledge, which I believe saved me much time and money. I would use him again and would recommend him highly.  **—Thomas W.**

---

### [Testimonial 11](https://familylawadvocate.com/fladvocate-testimonial/testimonial-11/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I am currently an active duty officer in the United States Military. The dissolution of my marriage was unforeseen and due to my commitment, I could not be present to most of the divorce proceedings. Mr. Gordon and his staff faithfully and professionally supported my interests during a time when I had little time to dedicate to such an important aspect of my current and future life. I am extremely grateful to him for his attention to detail and competent representation of my case before the court. My humble gratitude.
 *—Kyle G.*

---

### [Testimonial 10](https://familylawadvocate.com/fladvocate-testimonial/testimonial-10/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

Thank you for making this as painless as a divorce could be. You did everything you said you would and the outcome you said it would be.
 *—Corey D.*

---

### [Testimonial 9](https://familylawadvocate.com/fladvocate-testimonial/testimonial-9/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

It was my third time in seeking legal services from M. Scott Gordon. He was always precise in questions, saw through the problems clearly, providing advice that was both insightful and very much “human.” Mr. Gordon was also generous with his time and never left me believing that I wasn’t important as a client however moderate the legal advice I sought from him. Whenever someone I know needs legal advice, I always send him or her to the best I know of, Mr. Gordon.
 *—Anatole U.*

---

### [Testimonial 7](https://familylawadvocate.com/fladvocate-testimonial/testimonial-8/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I have been pleased with the service provided by Scott Gordon in my divorce proceedings. He was always professional and “level headed” in the very difficult negotiations with the opposing counsel. He was always available and willing to listen and to keep me calm and within the law.
 *—Robert H.*

---

### [Testimonial 5](https://familylawadvocate.com/fladvocate-testimonial/testimonial-5/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I’m delighted with the service and integrity of M. Scott Gordon, Esq. There is no need to spend enormous sums of money for downright high-priced attorneys, which lead to the same results of getting through a divorce. Most importantly, Scott knows the law and works with the judge to get the job done at a reasonable charge. Scott allows you to make the decisions and executes with timely legal advice. I would be honored to have M. Scott Gordon represent me and have already given his number to my best friend. Thanks again Scott for your expertise from my family and me!
 *—Greta K.*

---

### [Testimonial 4](https://familylawadvocate.com/fladvocate-testimonial/testimonial-4/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Content:**

I appreciated the professionalism displayed by M. Scott Gordon in assisting me through the completion of this emotional and potentially trying process for my kids and I. Thanks for the support.
 *—Steven F.*

---

### [Testimonial 3](https://familylawadvocate.com/fladvocate-testimonial/testimonial-3/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Excerpt:** Hal is a fascinating individual. I dont’ think of him as your typical attorney, rather Hal is an ordinary guy that practices law….and darn good at it. He is skilled in many aspects but mostly skilled in listening. He relates well with people in challaging situations. His upbeat approach calms people around him. I highly suggest you take advantage of this advocate.

**Content:**

I am very satisfied with M. Scott Gordon’s services. During my divorce case, he represented me very well. He had explained to me everything either by phone or by letter. He or his secretary answered all my questions and always had time. He represented me at court to my satisfaction.
 *—Marek G.*

---

### [Testimonial 2](https://familylawadvocate.com/fladvocate-testimonial/testimonial-2/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Excerpt:** Hal is a fascinating individual. I dont’ think of him as your typical attorney, rather Hal is an ordinary guy that practices law….and darn good at it. He is skilled in many aspects but mostly skilled in listening. He relates well with people in challaging situations. His upbeat approach calms people around him. I highly suggest you take advantage of this advocate.

**Content:**

I want to express my gratitude toward M. Scott Gordon & Associates. Dayna and Scott returned my phone calls promptly, answered questions directly and most important created an environment that put me at ease during a challenging time. I would highly recommend M. Scott Gordon & Associates to any of my colleagues and friends.
 *—Colleen P.*

---

### [Testimonial 1](https://familylawadvocate.com/fladvocate-testimonial/testimonial-1/)

**Published:** October 8, 2014
**Author:** familylawadvocate

**Excerpt:** Hal is a fascinating individual. I dont’ think of him as your typical attorney, rather Hal is an ordinary guy that practices law….and darn good at it. He is skilled in many aspects but mostly skilled in listening. He relates well with people in challaging situations. His upbeat approach calms people around him. I highly suggest you take advantage of this advocate.

**Content:**

Thank you for all of your help. I feel things went very smooth and easy. I have heard horror stories from friends and family who have been through a divorce. Their lawyers took their sweet time and drained them of their money. I did not experience any of that. So, thank you!
 *—Robyn S.*

---


## Categories

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### [How is Support Calculated in Illinois?](https://familylawadvocate.com/category/how-is-support-calculated-in-illinois/)

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### [How Much Will Infidelity Cost You?](https://familylawadvocate.com/category/how-much-will-infidelity-cost-you/)

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### [Child Support Collections in Illinois](https://familylawadvocate.com/category/child-support-collections-in-illinois-2/)

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### [Changes to Illinois Divorce Law for 2016](https://familylawadvocate.com/category/changes-to-illinois-divorce-law-for-2016/)

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### [garnishment](https://familylawadvocate.com/tag/garnishment/)

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### [prenuptial agreements](https://familylawadvocate.com/tag/prenuptial-agreements/)

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### [How One Partner’s Growth Can Create Distance In A Marriage](https://familylawadvocate.com/tag/how-one-partners-growth-can-create-distance-in-a-marriage/)

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### [Chicago divorce attorneys](https://familylawadvocate.com/tag/chicago-divorce-attorneys/)

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### [How To Protect Your Children's Being When Filing For Divorce](https://familylawadvocate.com/tag/how-to-protect-your-childrens-being-when-filing-for-divorce/)

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### [Divorce Attorneys](https://familylawadvocate.com/tag/divorce-attorneys/)

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### [Why People File For Divorce Without Warning](https://familylawadvocate.com/tag/why-people-file-for-divorce-without-warning/)

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### [Knowing When Divorce Is No Longer Avoidable](https://familylawadvocate.com/tag/knowing-when-divorce-is-no-longer-avoidable/)

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### [Emotional Reactions People Have When Divorce Becomes Official](https://familylawadvocate.com/tag/emotional-reactions-people-have-when-divorce-becomes-official/)

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### [Why Pre-Divorce Stress Can Feel Worse Than Post-Divorce Stress](https://familylawadvocate.com/tag/why-pre-divorce-stress-can-feel-worse-than-post-divorce-stress/)

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### [Financial Warning Signs That Often Appear Before An Illinois Divorce](https://familylawadvocate.com/tag/financial-warning-signs-that-often-appear-before-an-illinois-divorce/)

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### [How Communication Breakdowns Lead To Divorce In Illinois Marriages](https://familylawadvocate.com/tag/how-communication-breakdowns-lead-to-divorce-in-illinois-marriages/)

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### [Preparing For Divorce When You Own A Business In Illinois](https://familylawadvocate.com/tag/preparing-for-divorce-when-you-own-a-business-in-illinois/)

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### [What High-Conflict Divorces Look Like In Illinois](https://familylawadvocate.com/tag/what-high-conflict-divorces-look-like-in-illinois/)

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### [What To Do Before Filing For Divorce In Illinois.](https://familylawadvocate.com/tag/what-to-do-before-filing-for-divorce-in-illinois/)

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### [Contested Divorce In Illinois: What Makes A Case More Complicated?](https://familylawadvocate.com/tag/contested-divorce-in-illinois-what-makes-a-case-more-complicated/)

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### [What Things Should Be Included In An Illinois Parenting Plan?](https://familylawadvocate.com/tag/what-things-should-be-included-in-an-illinois-parenting-plan/)

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### [What Not To Do During A Divorce In The State Of Illinois](https://familylawadvocate.com/tag/what-not-to-do-during-a-divorce-in-the-state-of-illinois/)

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### [Assets That Qualify As Marital Property In Illinois](https://familylawadvocate.com/tag/assets-that-qualify-as-marital-property-in-illinois/)

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### [How Can You Protect Your Credit During An Illinois Divorce?](https://familylawadvocate.com/tag/how-can-you-protect-your-credit-during-an-illinois-divorce/)

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### [What Is Gray Divorce?](https://familylawadvocate.com/tag/what-is-gray-divorce/)

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### [What Is The Best Interests Of The Child Standard In Illinois?](https://familylawadvocate.com/tag/what-is-the-best-interests-of-the-child-standard-in-illinois/)

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### [The Difference Between Temporary Frustration And Long-Term Unhappiness In An Illinois Marriage](https://familylawadvocate.com/tag/the-difference-between-temporary-frustration-and-long-term-unhappiness-in-an-illinois-marriage/)

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### [When Marriage Starts Feeling More Like A Responsibility Than A Partnership](https://familylawadvocate.com/tag/when-marriage-starts-feeling-more-like-a-responsibility-than-a-partnership/)

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### [Why Emotional Disconnection Often Happens Gradually In A Marriage](https://familylawadvocate.com/tag/why-emotional-disconnection-often-happens-gradually-in-a-marriage/)

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