Posted on December 04, 2025 in Family Law

While parents navigate the challenging waters of divorce or separation, one of the most critical issues is determining parenting time—how much time a child spends with each parent. In Illinois, the law places primary emphasis on the child’s best interests when making these decisions, and one of the best interest factors is the child’s own wishes. However, the weight given to those wishes depends on the child’s age, maturity, and the reasons behind their preferences. Courts use specific methods, such as guardian ad litem (GAL) appointments and in camera interviews, to ascertain the child’s wishes. This blog explores how Illinois law considers a child’s preferences in parenting time disputes, particularly for older children, and the processes involved in ensuring those wishes are factored into the child’s best interests while balancing a parent’s right to unrestricted parenting time with their child.

The law contains a lengthy list of factors courts consider when determining a child or children’s best interests as to parenting time, including the child’s wishes, provided they are expressed with sufficient maturity and reasoning. While the statute does not set a specific age at which a child’s wishes carry more weight, courts generally give greater consideration to older children, typically those in their pre-teen or teenage years, such as 12 and above. This is because older children are presumed to have greater emotional and cognitive maturity, enabling them to articulate their preferences more clearly and make reasoned decisions about their living arrangements.

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 Posted on November 07, 2025 in Divorce

Divorce is never easy, but when our beloved pets become involved, emotions run even higher. For many of us, pets are more than just animals that happen to live with us – they’re family. But what happens to your furry friend when your marriage ends? Let’s break down how pet custody works in Illinois, what the law says, and what to expect if you’re facing a situation where the "custody" of your pet is at issue.

A Shifting Perspective on Pets: From Property to Companions

Historically, pets in divorce proceedings have been treated like property, similar to a car or an antique dining set. Courts would simply assign ownership based on who purchased the animal and when or how it was acquired, often ignoring the emotional attachment between pets and their owners and the needs of the pet. However, which spouse gets to keep the beloved family pet has become an increasingly prevalent issue in divorce actions.

In response to the rigid and outdated "pets are property" approach, Illinois lawmakers have introduced a groundbreaking change to pet custody laws, which allows courts to consider the "well-being of the animal" when deciding who gets custody of a pet in a divorce, not just whose name is on the adoption papers. This doesn’t mean pets are treated as if they’re your human children, but it is a significant shift from the former approach which equated your pet to a piece of furniture.  

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 Posted on October 13, 2025 in Divorce

In the realm of family law, few concepts have revolutionized the divorce process as profoundly as a "no-fault" divorce. For residents of Illinois, this is not just an option—it’s the only pathway to legally ending a marriage. But why has Illinois and many other states adopted this approach exclusively? In this blog, we’ll explore the history, rationale, and implications of Illinois’ no-fault divorce system, shedding light on how it promotes efficiency, reduces conflict, and aligns with contemporary societal values.

What Is No-Fault Divorce?

At its core, no-fault divorce allows couples to dissolve their marriage without assigning blame to either party for the relationship’s breakdown. In Illinois, the sole ground for divorce is "irreconcilable differences," which essentially means the marriage has irretrievably broken down, and there’s no reasonable prospect of reconciliation. This contrasts with fault-based systems, where one spouse must prove misconduct like adultery, cruelty, or abandonment to justify the divorce.

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 Posted on September 05, 2025 in Divorce

Divorce is a stressful process, especially when children are involved. The emotional fallout, combined with the logistics of raising kids across two households, can turn co-parenting into a battleground. For high-conflict divorces, where ex-spouses struggle to communicate or agree, traditional co-parenting—where parents collaborate closely and make joint decisions—might feel impossible. Enter parallel parenting: a structured, pragmatic alternative that allows both parents to remain active in their children’s lives while minimizing direct contact and thereby reducing conflict. But what exactly is parallel parenting, how does it work, and could it be the right fit for your family?

What Is Parallel Parenting?

Parallel parenting is a co-parenting model designed for situations where ex-partners can’t get along but still want to prioritize their kids’ well-being. Instead of working together as a united front, each parent operates independently within their own domain. Think of it like two parallel tracks running side by side: they don’t intersect, but they both head toward the same destination—raising happy, healthy children.

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 Posted on July 03, 2025 in Family Law

Changing your name or your child’s name in Illinois is a meaningful step, often tied to personal milestones like marriage, divorce, adoption, or identity affirmation. While the process involves specific legal steps, understanding the requirements and procedures can make it manageable. This blog outlines the process for changing an adult’s name and a minor’s name in Illinois, with a focus on the key steps and considerations, so you can approach the process with confidence.

Changing Your Name as an Adult in Illinois

To change your name as an adult in Illinois, you must meet certain eligibility criteria and follow a structured legal process. You need to be 18 or older, have resided in Illinois for at least six months, and file in the county where you live. Restrictions apply, including those stating you cannot have been convicted of a felony within the last 10 years (unless you were expressly pardoned), you cannot be a registered sex offender, and you cannot have identity theft convictions (unless expressly pardoned). The name change must also not be for fraudulent purposes, such as avoiding debts, or infringe on someone else’s rights, like using a celebrity’s name.

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 Posted on April 30, 2025 in Divorce

Adoption is often associated with children, but in Illinois, adult adoptions are a meaningful and increasingly common way to formalize significant relationships with a parental figure. This blog explores why someone might pursue an adult adoption and provides a straightforward overview of the legal process in Illinois and why working with an experienced attorney is essential.

Adult adoptions in Illinois serve a variety of purposes, often rooted in personal, emotional, or legal motivations. Here are some of the most common reasons individuals choose this path:

1.  Formalizing a Step-Parent Relationship
For many, adult adoption is a way to solidify a step-parent’s role in their stepchild’s life. Step-parents often take on parental responsibilities, providing emotional and financial support over years. Adopting an adult stepchild legally acknowledges this bond, granting the step-parent the same rights and responsibilities as a biological parent. This can be especially meaningful in blended families where a step-parent has been a primary caregiver or when the adult stepchild’s biological parent is absent, deceased, or uninvolved. For example, a step-parent who raised their spouse’s child from a young age might pursue adoption to ensure their relationship is legally recognized, particularly for inheritance or decision-making purposes.

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 Posted on March 24, 2025 in Divorce

In Illinois, assets belonging to married individuals are classified as either non-marital or marital property. The divorce court only has jurisdiction to divide marital property and nonmarital property must be awarded to the spouse to whom it belongs, unless it was comingled.  However, even if your spouse cannot access nonmarital property (such as an inheritance) directly, it can still have other implications on support or division of assets. It’s also important that you do not commingle nonmarital assets or they can lose their nonmarital status or the marital estate can be subject to reimbursement, meaning your spouse essentially gets a credit for the marital contributions made to the nonmarital property.

The Illinois Marriage and Dissolution of Marriage Act defines the types of property and specifically defines non-marital property into categories as follows:

1. Property acquired by gift, legacy or decent;

2. Property acquired in exchange for property acquired prior to the marriage;

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 Posted on March 03, 2025 in Divorce

Divorce is a financial upheaval as much as an emotional one, especially when maintenance—commonly known as alimony—is on the table. In Illinois, there is a guideline calculation provided within the law which outlines the amount and duration of support.  However, it is not used in every situation.  For one, it only applies to families where the combined gross income is less than $500,000.  In addition, the guidelines may not be appropriate in all situations and in those scenarios either party has a right to seek an upward or downward deviation from those guidelines.  In these cases, the court can be greatly assisted by a tool called a lifestyle analysis (or standard of living analysis). If you’re navigating a divorce and spousal support is in question, understanding this process can demystify how judges decide the appropriate amount of spousal support in cases where strict statutory guidelines don’t apply. So, what is a lifestyle analysis, how does it work in Illinois divorce cases, and why does it matter when maintenance is involved?

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 Posted on February 12, 2025 in Family Law

Once a family law matter (i.e., divorce or paternity case) is filed with the courts, the case may feel overwhelming and you might be unsure how to proceed. As one may expect, the parties always have the option to litigate the underlining issues and take the matter to a trial where a judge decides the fate of the case. However, you may prefer a more amicable approach to the case and to resolve your issues without the Court’s direct involvement.  One way to do that is through the process of mediation.  In Illinois, mediation can be mandatory or voluntary depending on the underlying issues in the case and the local rules for the jurisdiction in which the case is filed.

What is mediation?

Mediation is a technique that utilizes a third-party neutral (a mediator) to assist parties in resolving disputes and reaching a resolution on some or all of the issues in the case.  The mediation process provides the parties with a unique opportunity to reach a resolution in a collaborative manner, rather than allowing the Judge to impose a decision that the parties have no say in. It is important to note that the mediation process and the topics discussed in mediation are confidential and cannot be used against either party should the case proceed to trial.  Mediators are trained attorneys who have been approved by the court and their role is to facilitate settlement between the parties.    

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 Posted on September 25, 2024 in Divorce

On May 24, 2023, the Illinois Supreme Court issued Rule 909 to establish parameters for parenting coordinators in family law matters. Prior to Rule 909, certain judicial circuits were appointing parenting coordinators on high-conflict cases, but many circuits were hesitant to make such appointments absent an agreement due to the specific powers granted to parenting coordinators. With the implementation of Rule 909, judicial circuits now have guidelines for establishing their own rules and requirements with respect to parenting coordinators so long as these rules were consistent with Rule 909. That said, some courts, including DuPage County’s Eighteenth Judicial Circuit, still have not adopted parenting coordinator rules and continue to only appoint parenting coordinators by agreement.

A parenting coordinator is a licensed family law attorney or mental health professional who is appointed in high-conflict cases, particularly when parents either cannot or will not cooperate with one another with respect to decision making, communication, and other parenting issues. The parenting coordinator serves as a decision maker for conflicts that may arise between the parties. The purpose of a parenting coordinator is to make these decisions in a timely manner to minimize conflict between the parties and promote communication and healthy co-parenting.

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