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Will I Be Responsible for My Spouse's Student Loans After Our Divorce?

2026-10-30 00:00:00

Student loan debt is treated like other debts in an Illinois divorce. Whether you'll share responsibility for your spouse's loans usually depends on when they were taken out, with what money, and whose name is on the loan.

In many cases, loans a spouse took out for their own education stay with that spouse. That isn't always true, though, especially for loans taken out during the marriage. A Schaumburg, IL property division lawyer can help you understand how student debt may be handled in your 2026 divorce.

Are Student Loans From Before a Marriage Divided Between Spouses in an Illinois Divorce?

Loans your spouse took out before you married are usually their debt to handle. Illinois law specifically includes debts and other obligations when defining marital property. Marital property, or property that belongs to both spouses, is whatever is acquired during the marriage (750 ILCS 5/503(a)).

How Are High-Value Collections Divided in a Divorce?

2026-10-14 00:00:00

Collections of antiques, fine art, rare coins, sports cards, or historical memorabilia can be difficult to divide in a divorce. There are often strong emotions around them. They also require valuation before they can be divided. Some pieces may belong to only one spouse.

How a collection is divided usually depends on when each piece was acquired, how it was paid for, and what it's currently worth. A Barrington, IL asset division attorney can help you protect your share of a valuable collection in your 2026 divorce.

Is a Collection Considered Marital Property in an Illinois Divorce?

Illinois law presumes that anything either spouse acquired during the marriage is marital property, no matter who bought it (750 ILCS 5/503(b)(1)). A card collection one spouse built over 15 years of marriage with household income is likely marital property, even if the other spouse didn't purchase any part of it.

What Should I Do if I Think My Child Support Order Needs to Be Updated?

2026-09-28 00:00:00

Child support orders in Illinois can be changed as a family’s situation changes. This might be relevant for a change in income, a new health condition for a parent or child, or a move to a new place.

If you want to change your child support orders, you’ll typically need to petition the court that the original order came from. If your child support order was entered by a court, you will usually ask that same court to change it. The process can be different if the order was entered through the Illinois Department of Healthcare and Family Services (HFS). The current order stays in effect until it is officially changed.

A Downers Grove, IL child support lawyer can help you through the modification process for your child support order in 2026.

When Can a Child Support Order Be Modified in Illinois?

A court can modify child support when there has been a substantial change in circumstances (750 ILCS 5/510). The law doesn’t list every qualifying example, but common ones include:

What Will Happen to Retirement Accounts in Our Divorce?

2026-09-15 00:00:00

Retirement accounts may be one of the largest assets a couple owns, and feelings about them can be strong. Whether and how a retirement account is divided depends largely on how much of it was earned during the marriage..

A Western Springs, IL divorce attorney can explain how Illinois courts will divide retirement accounts in your 2026 case.

Are Retirement Accounts Considered Marital Property in Illinois?

Pension benefits and other retirement accounts earned after a marriage began are presumed to be marital property (750 ILCS 5/503(b)(2)). Money earned in the account before the marriage generally remains separate property, along with growth on that part of the account.

Can My Spouse Refuse to Get a Divorce?

2026-08-27 00:00:00

Even if your spouse doesn't want a divorce, they can't prevent one simply by refusing. Because Illinois is a no-fault divorce state, a divorce can proceed even if one spouse is resistant to it.

A Western Springs, IL lawyer can explain how you can move forward even without your spouse's cooperation in your 2026 divorce.

Does My Spouse Have to Agree to a Divorce in Illinois?

An Illinois court can grant a divorce if it finds that irreconcilable differences have caused the irretrievable breakdown of the marriage (750 ILCS 5/401). "Irreconcilable differences" means that attempts to reconcile have not worked. Further attempts would also not be in the best interests of the family.

If your spouse does not take part in the case, you can ask the court for a default judgment. This allows the divorce case to move forward without your spouse taking part. If your spouse takes part in the case but you cannot agree on important issues, the divorce becomes contested. Contested divorces generally take longer and usually cost more than uncontested divorces. However, they still allow the case to move forward even if one spouse refuses to agree.

Do My Partner and I Need to Establish Paternity?

2026-08-14 00:00:00

Whether you need to establish paternity (called parentage in Illinois) depends on whether Illinois law already recognizes you as your child’s legal parent. "Paternity" means being legally recognized as a child’s father. In Illinois, the broader legal term is "parentage." It can apply to a biological father, an intended parent, or another legal parent.

Illinois recognizes some couples as parents automatically. Others have to sign a form or go to court to make sure their relationship is secure. A Burr Ridge, IL paternity attorney can tell you which category your family falls into in 2026.

Why Does Establishing Parentage in Illinois Matter?

Until parentage is established, a person may have no legal rights as the child’s parent. Establishing it affects:

Child support, in either direction

Do My Spouse and I Need to Formalize Our Separation?

2026-07-29 00:00:00

Many couples separate for a time when deciding whether they should keep working at their marriage or get divorced. Often, this separation is informal and does not involve a court case. Some couples may not even be aware that there is a difference between a legal separation and an informal one.

Whether you should formalize your separation depends on your concerns about enforcing its terms. A Hinsdale divorce attorney can help you determine if a formal separation is needed for your situation in 2026.

What Is the Difference Between Living Separately and a Legal Separation in Illinois?

Simply moving into separate homes doesn't create any legal rights or obligations between spouses on its own. Even if a couple comes up with specific terms for their informal separation, the terms generally cannot be backed up by a court.

Does It Cost Money to Get a Prenup?

2026-07-17 00:00:00

Technically, you do not need to pay money to draft a valid premarital agreement in Illinois. However, cutting corners on cost comes with serious risks. An improperly drafted prenup risks being dismissed by the court if you ever get divorced. Illinois law also prohibits certain provisions in a premarital agreement. For example, parents cannot predetermine child support or make binding decisions about future child custody.

If you're planning to get a prenup in 2026, the safest route is to make sure that both you and your partner get independent legal counsel before you sign. A Winfield, IL premarital agreement lawyer can make sure that what you’re signing is fair to you and will hold up in court.

What Does a Good Prenuptial Agreement Typically Cost in Illinois?

Attorney fees are often the main expense. These can vary widely, but often range from several thousand dollars upward, depending on the circumstances. Several factors can influence the final cost of a premarital agreement.

Can You Change Your Mind After Filing for Divorce?

2026-06-26 00:00:00

You can change your mind after filing for divorce in Illinois. Filing a divorce petition starts the legal process, but it does not lock you in permanently. If you and your spouse decide to give your marriage another chance, there are ways to stop the process and move forward together. At the same time, understanding what happens legally when you change course is important to avoid a complicated situation down the road. If you have questions about filing in 2026, the Glen Ellyn, IL divorce lawyers at Roberts PC can help you figure out your next steps.

What Happens When You File for Divorce in Illinois?

When you file for divorce in Illinois, you are submitting a petition for dissolution of marriage to the circuit court in your county. This officially starts the legal process. The other spouse is then served with the paperwork and given a chance to respond.

Do I Need My Ex’s Permission to Move With Our Children?

2026-06-12 00:00:00

In Illinois, a parent who wants to move a significant distance with their children after a divorce or separation may need either the other parent's agreement or a judge's approval before making that move. This can be an emotionally charged situation, especially when the move is tied to a new job, a new relationship, or a chance at a better life. If you are thinking about relocating with your children or your ex has told you they plan to move in 2026, the Lisle, IL parental responsibilities lawyers at Roberts PC can help you understand your rights and what steps need to be taken.

What Does Illinois Law Say About Relocating With Children?

Illinois law addresses parental relocation in 750 ILCS 5/609.2. Under this statute, a parent who has the majority of parenting time and wants to move with the children must give written notice to the other parent before the move. Whether court approval is needed depends on how far the move is and whether the other parent agrees.