Frequently Asked Questions

Illinois follows an equitable distribution system, where marital property is divided in a fair manner, though not necessarily split equally. Courts consider various factors, such as the length of the marriage, each party’s financial situation, their contributions to marital assets, and their potential for future earnings. Complex property, such as businesses or investment accounts, may require expert valuations to ensure fairness.

Illinois uses the terms “parental responsibilities” for decision-making and “parenting time” to describe time spent with the child. The court prioritizes the child’s best interests, considering factors like each parent’s relationship with the child, stability of the home environment, and willingness to foster a cooperative co-parenting dynamic.

Parenting plans can be adjusted if there is a substantial change in circumstances impacting the child’s well-being or if the current arrangement proves to be impractical or unsustainable. Parents can either mutually agree to make modifications or have one parent request a court review.

Child support is determined using an income-sharing model that accounts for both parents’ combined net income and the amount of overnights each parent spends with the child. The court can make adjustments for special circumstances, such as extraordinary medical or educational expenses.

If a parent does not comply with a child support order, the other parent can petition the court to enforce it. Consequences for non-payment may include wage garnishment, license suspension, or other legal penalties to ensure compliance.

A prenuptial agreement outlines financial arrangements and asset division before marriage, helping protect individual assets, ensure clarity in case of divorce, and reduce future conflict. It is especially useful for individuals with significant assets, family businesses, or children from previous marriages.

Yes, this is called a postnuptial agreement. It is similar to a prenuptial agreement, but it is signed after marriage to address financial matters or amend existing agreements.

Mediation is a collaborative process where a neutral third party helps divorcing couples resolve disagreements outside of court. It can address issues like custody, property division, and support. Mediation encourages cooperative solutions, reducing costs and timelines compared to litigation.

Mediation is often required by Illinois courts for custody and parenting time disputes before proceeding to trial. However, it may not be suitable for high-conflict cases involving domestic violence or significant power imbalances.

High-net-worth divorces involve significant assets such as businesses, investments, properties, or complex financial portfolios. They often require expert valuations, tax planning, and strategic asset division to account for financial intricacies while protecting your rights.

Compile detailed financial records, including assets, debts, business valuations, and investments. Work closely with an attorney to create a strategy for protecting your financial future and achieving equitable outcomes.

For more information or to schedule a consultation, contact Hammer Serna & Quinn, LLC today. Our attorneys are here to guide and support you through every step of your family law matter.