Posted on October 15, 2025 in Divorce

In Illinois, retirement can be a valid reason to reduce or end spousal maintenance, also known as alimony. However, the change is not automatic. You must show the court that your retirement creates a "substantial change in circumstances." This means that your income and financial situation have changed enough to make the current order unfair. An experienced Kane County, IL spousal maintenance lawyer can help you understand your options and guide you through this process.

Does Retirement Count as a "Substantial Change in Circumstances" in Illinois?

Under 750 ILCS 5/510, a change in employment status can count as a "substantial change in circumstances" and therefore may be considered a good enough reason to modify your alimony agreement. For example, if you retire at 65 and your income drops because you no longer receive a paycheck, the court may decide it is unfair for you to keep paying the same amount. If you retire early by choice, the judge might decide that is not a sufficient reason to reduce support. The same is true if you still earn enough from pensions or investments. Every situation is different, so the court will review your entire financial picture before making a decision.

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 Posted on September 25, 2025 in Family Law

Hidden assets during the divorce process can unfairly impact how decisions about property, child support, and spousal support are made. To protect yourself, consider the signs that your spouse might be hiding property. Then, speak with our Geneva, IL divorce lawyers. We will fight to protect your rights and hold your spouse accountable.

Signs That Your Spouse Could Be Hiding Assets During Divorce

Some people are not open about money during a divorce. If you notice unusual behavior, it may be a red flag. Some common warning signs that a spouse is hiding or dissipating assets include:

• Sudden changes in spending habits: If your spouse begins spending large amounts of money without explanation, it may mean they are trying to reduce the balance of a joint account.

• Transferring property or money to others: Some people move money into a friend’s or relative’s account to hide it until after the divorce.

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 Posted on September 12, 2025 in Family Law

When custody disputes become complex, Illinois courts may appoint a Guardian ad Litem (GAL) to investigate the situation and make recommendations that serve the best interests of the child. A GAL has significant influence, and the information they provide to the court can directly affect the division of your parental responsibilities, including parenting time arrangements. Our trusted Kane County, IL guardian ad litem lawyers can help you prepare for the process.

What Does a Guardian ad Litem Want From an Interview?

Think of a GAL as the "eyes and ears" of the court. Under 750 ILCS 5/506, judges can appoint them to represent your child’s best interests in disputes over the allocation of parental responsibilities, more commonly known as custody and visitation. During interviews, the GAL is looking for more than surface-level answers. They want to know that you are capable of providing a safe, stable, and supportive environment for your child. The GAL will also ask about your child’s medical needs, education, extracurricular activities, and relationships with extended family. Be prepared to give specific, honest, and thoughtful answers.

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 Posted on August 28, 2025 in Family Law

A prenuptial agreement, or prenup, should bring peace of mind, not anxiety. If yours feels one-sided or rushed, you still have choices. Illinois courts look at how the agreement was made and what each person knew at the time they signed it. With the right facts, a judge can limit or throw out terms that clearly favor one side over the other. First, you need to speak with a Geneva, IL prenuptial agreement attorney to find out more about the specifics of your case.

What Makes a Prenuptial Agreement Unfair Under Illinois Law?

Some reasons a judge may treat a prenup as unfair include:

• You were pressured to sign, for example, if there were threats to cancel the wedding or very little time to decide before the wedding was scheduled to take place.

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 Posted on August 15, 2025 in Divorce

Dividing finances can be one of the most stressful parts of ending a marriage. If you are concerned about your spouse draining shared funds before the court can divide them, you can take steps to protect your assets during divorce proceedings. A Kane County, IL divorce attorney can guide you through the process and ensure you are complying with Illinois law.

Does Illinois Have an Automatic Financial Stay When Divorce Begins?

Unlike some states, Illinois does not have an automatic financial stay that immediately freezes assets when a divorce is filed. There is no statutory provision in the Illinois Marriage and Dissolution of Marriage Act that automatically restricts access to marital accounts at the start of proceedings. This means that unless the court issues an order, either spouse can generally access and use joint funds.

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 Posted on July 29, 2025 in Divorce

When a divorce involves significant assets, the financial issues can become incredibly complex. High-net-worth couples often share investment portfolios, real estate, business interests, and retirement accounts. In these cases, ordinary financial disclosures may not be enough. You may need the help of a forensic accountant. This person is trained to dig deeper into financial records and provide expert insight. A skilled Geneva, IL high-asset divorce lawyer can work alongside a forensic accountant to protect your financial interests during the divorce process.

What Is a Forensic Accountant?

A forensic accountant is a financial specialist who analyzes records to uncover facts that may be important in legal disputes. In a divorce, this might include reviewing tax returns, bank statements, business records, and other financial documents to determine the true value of assets and income. These professionals are especially useful in high-net-worth cases where finances are more complicated and less transparent.

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 Posted on July 17, 2025 in Divorce

Going through a divorce means significant changes in your life, and one area people often overlook is how it affects taxes. Divorce can influence how you file taxes, whether you can include certain deductions, and what financial consequences you may face when dividing property. Understanding these changes can help you avoid costly surprises, and an experienced Geneva, IL divorce lawyer can help.

Filing Federal Income Tax After Divorce in Illinois

Your marital status as of December 31 determines how you must file for that year. If your divorce is finalized before the end of the year, you will typically file as "single" or "head of household." If you are still legally married on December 31, even if separated, you may still file jointly or as "married filing separately."

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 Posted on June 30, 2025 in Criminal Law

A change in income is one of the most common reasons parents ask to change a child support order in Illinois. State law allows for child support payments to be changed when specific criteria are met. If you are wondering whether your situation qualifies, a Geneva, IL child support lawyer can help you understand your rights and guide you through the legal process.

What Are the Grounds for Child Support Modification in Illinois?

Under Illinois statute 750 ILCS 5/510, either parent may request a change, or a "modification," to child support if there has been a "substantial change in circumstances." Whether it increases or decreases, a change in income is a potential reason to update your child support order. A significant raise, a promotion, and a new job are also commonly cited in petitions to change child support.

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 Posted on June 15, 2025 in Family Law

Tensions and emotions can run high for co-parents trying to work out disputes over parental responsibilities, commonly known as child custody. Ultimately, everyone should want what is best for the child, and that is not typically a courtroom brawl. Mediation offers another pathway to a resolution that prioritizes the child’s well-being and values the co-parenting relationship. If you have questions about using mediation to resolve custody issues, a Geneva, IL custody mediation attorney can help.

What Is Mediation?

In Illinois, mediation is a confidential process where a third party, often an attorney, is used to help parties resolve disputes by negotiating and compromising. It’s typically voluntary and can be used in cases involving the allocation of parental responsibilities, divorce, and other civil disputes. The mediator does not make decisions for the couple as a judge would in court. Instead, they help the parties communicate more effectively and consider other ways to resolve their disputes.

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 Posted on May 31, 2025 in Divorce

As a business owner, the unknown of the divorce process can be intimidating. Illinois is an equitable distribution state, and that means that in a litigated divorce, a family business, which is often marital property, will be divided fairly. With so much at stake, understanding how you can help preserve your valuable assets during divorce is crucial. If you have questions about how to protect your business or what could happen to it during divorce proceedings, an experienced Geneva, IL property division attorney can help. 

Business Valuation During Divorce in Illinois

Illinois law outlines the rules for determining whether property is categorized as marital or non-marital property. For businesses, this process can be complicated. Sometimes, none, all, or only a portion of the business is marital property. Factors like how the business was acquired and whether your spouse contributed to its value play a role in how the company is characterized. 

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