Posted on August 07, 2025 in Guardianship

Sometimes, older siblings take on responsibilities most people their age never expect. When parents pass away, go to jail, or lose their parental rights due to abuse, neglect, or mental illness, their children may be left without a legal caregiver. In these situations, Illinois law allows a court to appoint a legal guardian to protect and care for the child.

One possible guardian is the child’s adult sibling. If you are in this situation, it is important to understand the steps involved and what the court looks for in a guardian. A DuPage County, IL guardianship attorney can help guide you through this complex and emotional process.

Understanding Legal Guardianship in Illinois

Legal guardianship gives someone the right and responsibility to care for a child whose parents cannot do so. The guardian is not a replacement parent, but they do have the authority to make decisions about the child's education, healthcare, housing, and overall well-being. Guardianship can be temporary or permanent, depending on the family’s needs and the child’s best interests. The guardian must act in good faith and always consider what is best for the child.

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 Posted on July 28, 2025 in Divorce

Going through a divorce in Illinois raises serious concerns about how property will be divided. If you received an inheritance before or during your marriage, you might be wondering whether your spouse is entitled to it. There is not always a simple answer. The way you handle inherited money or assets during the marriage can change how the court views it, but a DuPage County, IL divorce lawyer can help you protect what is rightfully yours.

Is Inheritance Considered Separate Property in Illinois?

Under Illinois law, property received by inheritance is usually treated as non-marital property, even if it was acquired during the marriage. The Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/503(a)(1), says that inheritance is not part of the marital estate unless it has been mixed with marital property.

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 Posted on July 21, 2025 in Child Custody / Allocation of Parental Responsibilities

When one parent does not follow the terms of a court-approved parenting plan, it can create serious problems for both the child and the other parent. Whether your ex is refusing visitation, not returning your child on time, or making decisions without your input, this behavior can violate the parental responsibilities order, commonly known as a custody order, and affect your parental rights. A Naperville, IL parental responsibilities lawyer can help you understand your legal options for righting this wrong.

Legal Options for Custody Enforcement in Illinois

Illinois courts expect both parents to follow parenting plans as ordered. When one parent refuses to comply, you can ask the court to step in. One common remedy is filing a motion for contempt. If the court finds that your ex willfully disobeyed the custody order, the judge may impose penalties like fines, parenting classes, makeup parenting time, or even jail for serious violations.

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 Posted on July 11, 2025 in Parenting Time (Visitation)

Parents who defy a court-ordered parenting time agreement and refuse to let the other parent see their child can face serious consequences under Illinois law. Withholding visitation, known as parenting time in Illinois, does not just strain family relationships. It can result in legal penalties that affect a parent’s rights. Understanding these penalties is important for any parent navigating custody disputes. A Naperville, IL child custody attorney can help you protect your parenting time and explain your rights.

Is It a Crime To Deny Parenting Time in Illinois?

Section 607.5 of the Illinois Marriage and Dissolution of Marriage Act addresses the abuse of parenting time. According to this law, a parent cannot intentionally interfere with the other parent’s court-ordered parenting time. If your co-parent refuses to let you see your child, they could be found in contempt of court.

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 Posted on July 04, 2025 in Postnuptial Agreements

Handling financial matters during marriage can be complex. Couples often seek ways to protect their assets and plan for the future. A Naperville, IL postnuptial agreement lawyer can help you understand how a postnuptial agreement, also known as a postnup, works under Illinois law. Signing a postnup does not indicate that you think your marriage will fail. It is just a contract between two financially responsible adults.

What Conditions Can Be Included in a Postnuptial Agreement in Illinois?

Like a prenuptial agreement, a postnuptial agreement defines how property and maintenance are handled during divorce. The primary difference is that you sign a prenup before marriage and a postnup when you are already married. Section 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act states that marital property is divided fairly, not always equally, in divorce. However, prenups and postnups allow you to have more control over the process.

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 Posted on June 22, 2025 in Child Custody / Allocation of Parental Responsibilities

Custody and guardianship are two distinct paths to caring for a minor child. However, someone can have guardianship over an adult as well. These terms are sometimes confused, but they serve different purposes and follow different legal procedures in Illinois. If you are seeking clarity, a Naperville, IL guardianship attorney can guide you through which legal option best serves the child’s needs and your role in their life.

How Does Illinois Law Define "Parental Responsibilities"?

In Illinois, the term "custody" has been replaced with "parental responsibilities" under statute 750 ILCS 5/600. The law focuses on two areas: decision-making authority and parenting time. 

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 Posted on June 18, 2025 in Division of Assets

Under Illinois law, international property acquired during marriage is not exempt from division during divorce proceedings. However, navigating the division of assets is more complex for couples with businesses, real property holdings, and retirement savings overseas. Issues can arise in practical enforcement, and cooperation with foreign legal systems is required. A Naperville, IL high net worth divorce attorney with experience in cases involving international asset division can help address these challenges to protect your right to a fair divorce decree.

How Does Illinois Law Handle Property Division?

Illinois statute 750 ILCS 5/503 from the Illinois Marriage and Dissolution of Marriage Act addresses the disposition of property and debts during divorce proceedings. Provision 5/503(a) defines marital property as all assets and debts acquired during the marriage by either spouse. Exceptions include:

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 Posted on June 11, 2025 in Spousal Maintenance

In Illinois, the duration of spousal maintenance, also known as alimony, depends on how long you were married. The court also typically uses a standardized calculation method to determine exactly how much the payments will be. However, spousal maintenance orders are not set in stone. Under certain conditions, they can be modified or terminated. If you have questions about the duration or amount of alimony in your case – whether you are thinking of divorce or already have a final decree – a knowledgeable Naperville, IL spousal maintenance lawyer can help.

How Does the Duration of Your Marriage Impact Alimony in Illinois?

To determine how long you will need to pay spousal maintenance in Illinois, you take the number of years you were married and multiply that by a percentage associated with that timeframe. For example, if you were married for less than five years, the duration of support will be 20 percent of five years, equaling one year of alimony.

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 Posted on June 05, 2025 in Division of Assets

For most people, approaching the asset division element of an Illinois divorce can be the most nerve-wracking part of the process. Often, couples disagree on how property should be categorized – marital or separate – and then further disputes arise when deciding how to divide assets and liabilities. If you are concerned that your spouse may endanger your shared property by hiding, abusing, or wasting it, you need to know more about freezing assets. An experienced DuPage County asset division attorney will walk you through the process and help you protect your right to a fair divorce settlement.

Does Illinois Have an Automatic Financial Stay for Divorce Cases?

In some states, filing for divorce initiates an automatic financial stay, freezing assets and preventing both spouses from hiding, removing, or wasting them. However, that is not the case in Illinois. If you believe marital assets need protection during divorce proceedings, you need to request a financial restraining order to freeze them. The court will then conduct an assessment of the spouse’s actions or threats of action to determine whether the restraining order is necessary. 

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 Posted on May 31, 2025 in Divorce

Divorce rates among people over age 50 have more than doubled since the 1990s and many of these breakups involve adult children with families, careers, and long histories of shared financial responsibility. If your son or daughter is going through a divorce in Naperville or elsewhere in DuPage County, you may be wondering how to help without overstepping. While the process is different than it would be for a younger couple, it is no less emotionally complex.

As of May 2025, Illinois divorce law continues to apply the same statutes regardless of age, but the way families navigate divorces for adult children often requires a different kind of support — one rooted in respect, patience, and guidance rather than intervention. Read some tips from our Illinois divorce lawyer about supporting an adult child through their divorce. If your child has young children of their own, you can read more about the basics of child custody in Illinois.

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