Illinois allows spouses going through a divorce to utilize a system called collaborative law, rather than the adversarial judicial process. If you are interested in learning more about whether a collaborative divorce is right for you, consult an experienced family law attorney in Illinois.

What Is the Collaborative Divorce Process?

Instead of going to trial and having a judge decide the matters that you and your spouse may not be able to resolve alone, the collaborative law process allows you to make the decisions about your divorce together, with the help of your attorneys. A collaborative divorce may also include other professionals such as therapists, financial advisors, or child psychologists.

If you and your spouse are going through a contentious divorce or one with significant assets and you are concerned about how your spouse may deal with finances and marital assets throughout the process, you may want to learn more about financial restraining orders in Illinois. One of our experienced family law attorneys can go over your finances with you and help you determine whether filing for a financial restraining order would be in your best interest.

Why File for a Financial Restraining Order?

Divorce proceedings can be costly, stressful and emotionally-charged. When spouses are angry and worried about finances, they sometimes act out financially or attempt to punish the other spouse by overspending or blocking access to bank accounts and other funds. A financial restraining order can prevent your spouse from locking you out of your accounts, or blowing through the marital savings during your divorce proceedings.

Most states, including Illinois, consider the best interest of the child as the primary factor in deciding matters related to the child or children in divorce proceedings, child custody cases, child support, and even paternity. But, what is actually considered to be the best interest of the child can vary from state to state. If you are involved in a divorce, custody fight, or other legal matter involving your child or children, our firm's experienced family law attorneys can help you. We can assist you in determining what the best interests of your child may be, what factors the court will consider in making decisions related to your child, and how best to demonstrate to the court what you believe is in your child's best interest.

What Factors Will the Court Consider when Deciding Best Interest of a Child in Illinois?

Unlike some states, Illinois law is fairly specific when it comes to stating the factors considered in deciding a child's best interest. The law sets forth more than a dozen factors to examine, including:

Now that same-sex marriage is the law of the land, many people have questions about how existing civil unions and domestic partnerships may be affected. If you are in a civil union and would like your union recognized as marriage, one of our experienced family law attorneys in DuPage County can help.

We can advise you as to how moving from a civil union to marriage under Illinois law may affect your tax liability, health insurance, immigration status, and other responsibilities, protections, and benefits. We can also help you determine whether keeping your domestic partnership as a civil union rather than a marriage will best suit your family's needs.

History of Same-Sex Marriage and Civil Unions in Illinois

Illinois is now considered a no-fault divorce state because it only allows parties to file for divorce by citing so-called irreconcilable differences. In other words, the marriage simply did not work out, but that is not the fault of any one specific action of either party.

If you are considering divorce, a family law attorney in DuPage County can help you determine whether you and your spouse have experienced irreconcilable differences.

No-fault and At-Fault Grounds for Divorce