What is marital property and non-marital property in an Illinois Divorce? Great question. Understanding the distinction between marital property and non-marital property is crucial during the asset division phase of an Illinois divorce. Often one of the most contentious parts of the process, property distribution in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This
Read MoreChild support is a critical component in ensuring that children receive the financial support they need from both parents. However, when the case involves multiple states, the process can become more complex. This is especially true when one parent, referred to as the custodial parent, resides in one state, while the other parent (the non-custodial parent) lives
Read MoreFiling for divorce in Illinois when your spouse resides in another state can seem complicated, but it’s absolutely possible. Understanding what jurisdiction means and how jurisdiction works across state lines is crucial in making sure your divorce proceeds smoothly, especially if there are children or marital assets involved in multiple states. Let’s explore the answers
Read MoreParental rights are fundamental in matters of allocation of parental responsibilities (formerly called “child custody”). Child custody in Illinois can become a central issue in divorce or paternity cases. These child custody rights in Illinois can arise in a variety of situations, such as concerns about child abuse or neglect, where a parent’s rights may
Read MoreIn the context of an Illinois divorce, transmutation of property refers to the conversion of non-marital assets into marital assets, making them subject to equitable division. Under the laws in Illinois, specifically the Illinois Marriage and Dissolution of Marriage Act (IMDMA), property acquired before marriage, through inheritance, or as a gift is typically categorized as non-marital property. However, if the non-marital property
Read MoreUnderstanding Asset Division in an Illinois Divorce One of the most important and often most complicated parts of any divorce is the division of property. In Illinois, this process involves identifying, valuing, and fairly distributing both marital assets and non-marital assets according to the rules set forth in the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). What Is an Equitable Distribution
Read MoreDividing property during a divorce in Illinois can be a complex process, requiring a clear understanding of what qualifies as marital property and how it should be distributed. Illinois follows the principle of equitable division when dividing marital assets and marital debts, focusing on fairness rather than an equal split. Below, we explore how assets
Read MoreChild support obligations in Illinois typically end when a child turns 18 or graduates from high school, whichever occurs later. However, the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) provides a critical exception: child support may be extended beyond age 18 for disabled adult children. Qualifications to Be Considered a Disabled Adult Child To qualify for continued child support as a
Read MoreIn Illinois divorces, the court often deals with complex legal, financial, medical, or psychological issues. To assist in resolving these matters, the use of expert witnesses can play a critical role. While judges are certainly not bound by expert opinions, expert testimony can be persuasive and frequently shapes the final decisions in contested cases. Understanding what determines someone
Read MoreIn July 2017, Illinois adopted what is known as an “income shares” model for calculating child support. This means that courts will calculate support using the annual combined net income for both parents to determine the amount each parent will pay towards child support. When all goes well, both parents are earning at their correct
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