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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 Posted on May 13, 2025 in Family Law

When your child custody order, known as the allocation of parental responsibilities in Illinois, is no longer working, Illinois courts have a legal avenue for adjusting the original order. If you file a request, you are responsible for proving that a significant change in circumstances has occurred that justifies the change you are asking for.

While decree modification can be complicated, a Geneva, IL custody modification attorney can assess your case, helping you gather the evidence necessary to prove your claim and create a more appropriate allocation of parental responsibilities that serves you and your child’s best interests.

What Do You Have To Prove for a Custody Modification in Illinois?

A significant change in circumstances can mean many things. If you are filing for a modification alone, you are responsible for proving that a new order is necessary. Some examples of conditions the court is likely to accept as a significant change in circumstances include:

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 Posted on April 29, 2025 in Family Law

Domestic violence and orders of protection are closely associated in Illinois. More specifically, orders of protection are a legal option for victims of domestic violence, mainly because of the Illinois Domestic Violence Act (IDVA). It offers an avenue to protection and requires officers to assist victims in very specific ways. If you have suffered or think you may have suffered from domestic violence, you may need a Geneva, IL domestic violence attorney to walk you through the legal resources available to you.

How Is Domestic Violence Defined in Illinois?

According to the IDVA, the violence you suffer does not have to be physical abuse, even though it is covered. It can also include harassment, interference with personal liberty, intimidation, and willful deprivation. For it to be domestic violence, the person committing the act against you must be someone from your family or household. This could include a spouse, co-parent, former spouse, roommate, or anyone living with you.

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 Posted on April 08, 2025 in Family Law

From custody agreements to child support orders, children are often centered in family court cases. To protect their best interests and ensure their voices are heard, the court appoints a guardian ad litem (GAL) to be the unbiased voice for children. They bring a singular perspective, concerned only with the welfare of the child. Consider the duties of a GAL and how they may relate to your case, and if you have questions, a Kane County, IL family law attorney can help you feel more comfortable about their role.

What Are the Duties of a Guardian ad Litem?

A GAL is typically appointed in divorce, adult guardianship, and child protection cases. While their duties may vary from case to case, common responsibilities include:

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