The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Recent Blog Posts

Can You Delay a Divorce in Illinois?

 Posted on June 14,2023 in Divorce

IL divorce lawyerDivorce proceedings in Illinois can be a challenging and daunting experience. Sometimes people need more time to think about their decisions and whether they want to try reconciling. In such cases, it is possible to temporarily postpone a divorce. This post will explain the legal process and conditions for delaying a divorce in Illinois.

Filing for Divorce in Illinois

To initiate a divorce, one spouse must file a petition for dissolution of marriage with the appropriate circuit court in the county where either spouse resides. The petition formally requests to terminate the marriage and outlines the desired outcomes regarding property division, child custody, support, and other relevant matters.

Legal Grounds for Delaying a Divorce

In Illinois, there are various legal reasons why a divorce may be postponed. According to the regulation, the period of reconciliation can take up to a year, although some judges may only permit six months. Even after the completion of discovery and temporary motions, the trial date for a divorce could be postponed for months, depending on the court’s case schedule.

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Can I Sue My Husband for Cheating in Illinois?

 Posted on June 01,2023 in Infidelity

IL divorce lawyerWhen a spouse cheats, it can be very damaging to a marriage. It causes emotional pain and can make it hard to trust again. Some people may wonder if they can take legal action against their unfaithful spouse in Illinois. This blog post discusses the possibility of suing a cheating spouse in Illinois, providing information about the legal system and things to consider if you are dealing with this situation.

Understanding Illinois Divorce Laws

Illinois is a no-fault divorce state, meaning the court does not require a spouse to prove fault or misconduct to grant a divorce. Courts focus on the irretrievable breakdown of the marriage, rather than assigning blame for the failure. This approach is aimed at promoting amicable resolutions and efficient proceedings while protecting the parties involved, especially when children are part of the equation. In other words, infidelity alone is not grounds for divorce in Illinois.

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Common Mistakes to Avoid During an Illinois Divorce Proceeding

 Posted on May 31,2023 in Divorce

IL divorce lawyerDivorce is a difficult and highly emotional process. It often requires making decisions that have long-term financial, legal, and social consequences. When going through the divorce proceedings in Illinois, there are numerous mistakes you should avoid to ensure the best outcome for yourself and your family. This article will discuss common mistakes to avoid during an Illinois divorce proceeding.

Letting Emotions Get in the Way

Although divorce is a highly emotional process, controlling your emotions during the legal procedures is crucial. Your emotions can hinder rational judgment and push you towards decisions that might not be favorable for you. To ensure the best outcome, it is critical to concentrate on the matters at hand and collaborate with your lawyer to build a plan grounded on facts rather than feelings.

Failing to Understand Your Financial Situation

Divorce can significantly impact your finances, so it is essential to clearly understand your financial situation before and during the divorce proceedings. This includes understanding your assets, debts, income, and expenses. Not knowing your financial circumstances can result in a settlement, not in your favor.

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Mediation vs. Litigation: Choosing the Right Path for Your Illinois Divorce

 Posted on May 29,2023 in Collaborative Law

IL divorce lawyerIt is not only the choice to end your marriage that will be difficult; there will also be other challenging decisions to make during the divorce proceedings. One of the most critical choices you’ll need to make is if to go for mediation or litigation for your Illinois divorce. While both processes can help resolve, each has pros and cons that must be weighed. This article will discuss the critical differences between mediation and litigation so that you can decide which is suitable for your situation.

Mediation in Illinois Divorce Cases

Mediation is a voluntary process where a neutral third-party mediator helps the parties reach mutually agreeable solutions to their divorce issues. It can be a more cost-effective and efficient alternative to litigation, but both parties must agree to participate.

Mediation is suitable for couples who prefer working together to resolve their issues and want to avoid the costs and duration of litigation. Some divorce cases in Illinois require mediation, mainly if there is a dispute over child custody. The court can mandate mediation before a trial for parties involved in such cases.

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The Impact of Substance Abuse on Child Custody in Illinois

 Posted on May 24,2023 in Child Custody

IL family lawyerIf a parent has a substance abuse problem, it can seriously impact a child custody case. Suppose you are involved in an Illinois child custody case and are worried about how substance abuse may affect your situation. In that case, it is essential to have a clear understanding of the potential impact. Here’s what you should be aware of.

Substance Abuse and the Best Interests of the Child

In Illinois, the court’s primary consideration in a child custody case is the child’s best interests. When one parent has a substance abuse problem, the court will consider several factors to determine what is in the child’s best interests. These factors may include:

  • The nature and extent of the substance abuse problem
  • The parent’s ability to provide a safe and stable environment for the child
  • The parent’s willingness to seek treatment for the substance abuse problem

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How to Protect Your Inheritance in an Illinois Divorce

 Posted on May 19,2023 in Division of Property

IL divorce lawyerDuring a divorce in Illinois, inheriting assets can cause conflict between couples. It is possible to protect your inheritance by taking specific steps. Here are some essential points to consider.

Understand Illinois’ Property Division Laws

In Illinois, when a couple divorces, the assets are divided fairly, but not necessarily equally, based on the principle of “equitable distribution.” If you inherit assets, they are generally considered separate property and are not subject to division in a divorce. However, if you mix the inherited assets with marital assets or use the inherited funds for marital expenses, your spouse may be able to claim a portion of the inheritance.

Keep Your Inheritance Separate

Keeping your inheritance separate from your marital assets is crucial to safeguard it. This involves not mixing your inheritance with marital property and keeping it in an account under your name. Also, do not use the inherited money for any marital expenses, as it can invite a claim from your spouse for a share in the inheritance.

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Estate Planning and Divorce in Illinois: Protecting Your Assets and Your Future

 Posted on May 11,2023 in Chicago divorce attorney

IL divorce lawyerGoing through a divorce can be difficult and can take a toll on you emotionally. Updating your estate plan during this time can make things more complicated. It is essential to examine and validate that your will, trust, power of attorney, and beneficiary designations are accurate for your current situation and that your assets are safeguarded in line with your desires.

Updating Your Estate Plan

One of the most important things you can do is review and update your estate plan while going through a divorce. This process involves evaluating your will, trust, power of attorney, and named beneficiaries to make sure they match your current reality and protect your assets according to your wishes.

Without updating your estate plan, you may find yourself in a situation where your ex-spouse is able to take control of assets that were meant for someone else after your death. This could include inheritances, IRAs, health insurance plans, and more.

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Legal Considerations for Divorcing Couples with Special Needs Children in Illinois

 Posted on May 04,2023 in Chicago divorce attorney

IL divorce lawyerDivorce can be challenging, particularly when there are children involved. The difficulty increases when the children have special needs, as they need extra care and resources. With the right resources and knowledge, you can go through a divorce with less overwhelm. Here are some areas you should know about.

Child Custody and Support

When parents with special needs children divorce in Illinois, determining child custody and support is a significant issue. The child’s well-being is the top priority when custody decisions are made. This considers the child’s physical and emotional needs, the parent’s capability to care for the child, and the child’s bond with each parent.

If a special needs child needs more care or support, it can affect how custody is handled. The parent who has been the main caregiver and has a close relationship with the child may be more likely to get primary physical custody. However, joint custody may be a better option if both parents have been equally involved in the child’s care.

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Signs Your Spouse May Be Hiding Assets

 Posted on April 24,2023 in Divorce Finances

IL divorce lawyerA divorce entails much more than simply the ending of a marriage. Parties must also divide and allocate property or assets earned throughout the marriage. This can often be a difficult task for parties. This process involves thorough and thoughtful negotiation, however, if the parties are going through a difficult divorce, then there might be some fear that a party may be hiding assets from the other. Hiding assets is not only unlawful, but if caught, it can significantly impact the overall outcome of the divorce. If you believe your spouse could be hiding assets from you, knowing what to look out for is essential so you can act on it promptly.

Things To Look Out For

Almost every aspect of a divorce revolves around finances. In some cases, a spouse will try to get an advantage by undervaluing certain assets, overvaluing debts, or even failing to disclose assets. If you are getting a divorce and fear that your spouse may be trying to manipulate the outcome by hiding assets, here are some things to look out for:

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Parental Allocation In Illinois

 Posted on April 21,2023 in Child Custody

Il custody lawyerDivorce can be a very taxing thing to go through, especially if there are children involved. It is in the best interest of both parents and the child for the parties to negotiate and work together to negotiate the best way to decide custody. Each parent should create a parenting plan, either together or separately, that outlines how they want to share parental responsibilities and parenting time. An IMDMA's parental allocation follows the general concept of custody but allows for more flexibility and detailed arrangements. Under Illinois law, caretaking functions include:

  • Supervising the child’s safety and well-being
  • Providing meals, bathing, grooming, and clothing
  • Providing transportation to school, activities, or appointments
  • Obtaining medical care or treatment for the child
  • Monitoring the child’s academic progress

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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