Posted on September 08, 2025 in Guardianship

Adult guardianship is a court order that lets one adult make decisions about another person’s health, money, or property. This step is necessary when an individual who is 18 or older can no longer effectively manage their own affairs.

Guardianship proceedings can take months. To provide quick protection in urgent situations, courts sometimes grant temporary emergency guardianship. A knowledgeable DuPage County, IL adult guardianship attorney can help you navigate the process and protect your loved one’s interests.

Why File for an Emergency Guardianship?

Some adults with disabilities or impairments cannot protect themselves from harm or financial abuse. Emergency guardianship offers immediate protection when there is a real risk facing an individual or their property before a permanent guardian is appointed.

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 Posted on August 23, 2025 in Division of Assets

When divorce begins, one of the first concerns many couples face is where they will live. Sharing the marital home until the court finalizes the divorce is a common consideration. Many couples remain in the same household until there is a final judgment, either by choice or financial necessity. However, questions often arise about legal rights, financial obligations, and how living together might affect property division or parenting. 

Every case is different, and these issues can be confusing and stressful to navigate. Speaking with an experienced Naperville, IL divorce attorney can provide clarity and help you make informed decisions about your situation.

Does Illinois Law Require One Spouse To Move Out During Divorce?

As of August 2025, Illinois law does not automatically require one spouse to move out when divorce proceedings begin. However, the court can intervene when the situation calls for it. Under Section 501 of the Illinois Marriage and Dissolution of Marriage Act, the court may grant temporary orders to address issues related to housing, finances, and parenting while the divorce is pending. This means a judge may order one spouse to move out if it is in the best interest of the family, particularly when conflict or safety concerns exist.

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 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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