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Can I Live With a New Partner While My Divorce Is in Progress?

2026-08-04 00:00:00

Illinois law does not prohibit someone from living with a new partner while their divorce is pending. However, moving in with someone while a divorce case is in process can have important implications for the case.

Before you move in with a new romantic partner in 2026, be sure you understand how it may affect your divorce proceedings. A DuPage County, IL divorce lawyer can help you make an informed decision.

Will Living with a New Partner During Your Illinois Divorce Affect Property Division?

Grounds for divorce in Illinois are based on "irreconcilable differences" (750 ILCS 5/401). This means that courts will not consider issues such as infidelity when determining the grounds for divorce. Similarly, issues such as property division are not automatically affected. Moving in with a new partner, even one involved in something like an affair, will not inherently affect property division.

When Do Illinois Courts Restrict Parenting Time or Parental Responsibilities?

2026-07-31 17:57:20

Custody arrangements are typically a part of any 2026 case involving parents who no longer live together. Illinois law generally supports children having meaningful relationships with both parents.

However, a court may restrict a parent’s rights if the parent’s conduct seriously endangers the child or significantly harms the child’s emotional development. A Naperville, IL family law attorney can explain what evidence may lead a court to restrict parenting time or decision-making responsibilities.

What Are Illinois’ General Parenting Time Guidelines?

Illinois law prioritizes children having a relationship with both their parents if at all possible. When parents ask the court to allocate parental responsibilities, they generally must submit a parenting plan addressing parenting time and major decisions involving the child. Even if one parent has less decision-making power over their child, they are usually entitled to spend time with that child.Parents can often agree on the details of their parenting schedule and submit their plan for court approval. If they cannot agree, the court will decide how parenting time and major decision-making responsibilities should be divided.

What Happens to the Family Home in an Illinois Divorce?

2026-07-22 00:00:00

The division of assets is a common concern during divorce proceedings. This may be especially true if you have been married for a long time and have obtained a large asset portfolio. For many couples, the home is the most valuable property, and deciding who should keep it is difficult for both partners.

No single rule determines what will happen to a home during asset division. If you have questions or concerns about the division of property, a DuPage, IL divorce attorney can offer experience and advice, working with you to find the most feasible solution for your 2026 divorce.

Who Will Get the House in an Illinois Divorce?

Couples do have the option to decide amongst themselves who keeps the family home. If a decision about property division can be reached outside of court, the court will typically honor it unless it finds the agreement unconscionable.

Can We Draft Our Own Divorce Settlement in Illinois?

2026-07-14 00:00:00

Spouses in Illinois are allowed to create their own agreement on the terms of their divorce, and many do. What they cannot do is issue their own court order. The document that divorcing couples draft together is called a marital settlement agreement. Only a judge can enter the final Judgment for Dissolution of Marriage.

Anyone with questions about what they ought to put in their divorce decree in 2026 can ask a DuPage County, IL divorce attorney for assistance.

How Can Spouses in Illinois Write Their Own Divorce Agreement?

Illinois law explicitly allows spouses to draft their own divorce agreement. Spouses may enter into a written agreement addressing property division, spousal maintenance, parenting responsibilities, parenting time, and child support (750 ILCS 5/502). Illinois law even allows for provisions for pets in the divorce agreement.

Can I Request Temporary Spousal Maintenance During an Illinois Divorce?

2026-07-07 00:00:00

Spousal maintenance is meant to offer financial support to a lower-earning or dependent spouse. This isn’t limited to after a divorce is finalized. If needed, a spouse can request temporary maintenance while their divorce case is still underway. This can be very valuable help for spouses who are unemployed or working low-paying jobs.

If you are worried about how you’ll make ends meet during your 2026 divorce proceedings, a Naperville, IL divorce attorney can help you understand your options for financial aid.

When Can an Illinois Court Order Maintenance During a Divorce?

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(a)) allows either spouse to file a motion for temporary maintenance at any point during their divorce proceedings. This motion runs separately from the rest of the case. In other words, temporary maintenance is not treated like the other issues that must be resolved before a divorce is finalized. Because of this, temporary maintenance can be put in place relatively quickly compared to permanent orders.

How Can I Ask My Partner for a Prenuptial Agreement Without Offending Them?

2026-06-26 00:00:00

Getting engaged is an exciting and romantic experience. However, talking about what happens to your assets in the event of a divorce can feel extremely unromantic. You may even wonder if bringing up the idea of a prenuptial agreement will make your partner question the engagement.

There are strategies that you can use to make discussions about a prenup feel less loaded. The best way to ask for a prenuptial agreement is often to frame it as a shared planning tool rather than a one-sided demand. Bringing it up early and letting your partner know you want an agreement that protects you both can also help.

If you’re concerned about how to frame a prenuptial agreement to your fiancé in 2026, a DuPage County, IL prenup attorney can offer guidance.

How Can You Make Discussing a Prenup a Team Effort?

Some fiancés assume that a prenup will only benefit one spouse. Television shows and movies often frame prenups as tools used by people to maintain their wealth. In reality, prenuptial agreements can benefit both spouses.

Illinois Paternity Rights for Unmarried Couples

2026-06-20 00:00:00

When a child is born to unmarried parents in Illinois, the mother automatically has legal rights to that child. The father, on the other hand, does not. This is true regardless of how involved or supportive he is before and after the birth.

Establishing legal parentage, or paternity, grants unmarried fathers legal rights to their children. These legal rights include seeking parenting time and decision-making power in their children’s lives. It also affects the child’s right to inheritance and benefits.

For unmarried couples hoping to raise their children together, establishing paternity is an important step 2026. A Naperville, IL paternity lawyer can walk you through the process.

Why Does Establishing Paternity Matter for Unmarried Couples in Illinois?

Beyond granting a father legal rights, paternity is important for unmarried couples because it opens the door to things like child support. A man who is not legally the father of a child has no legal obligation to support that child if the parents separate. This can make an immense difference to the financial well-being of the child later in life.

I Got Laid Off. Do I Still Need to Pay Child Support?

2026-06-09 00:00:00

Losing your job doesn't automatically eliminate your child support obligation. Until a court officially changes your order, you're still legally required to pay the full amount.

If you were recently let go and are obligated to make child support payments in 2026, the next step for you is to get back in contact with the court and request that they lower the amount you are ordered to pay. A DuPage County, IL child support lawyer can help you through the process.

Why Does Illinois Child Support Not Automatically Stop if I Lose My Job?

Child support doesn’t stop automatically because a child’s financial needs aren’t reduced by outside events like a job loss. Courts must also verify that the job loss is genuine. Some parents may voluntarily not work in hopes of avoiding making child support payments. Courts prioritize the financial well-being of children with separated parents and will not support one parent opting not to work. If a court suspects that a parent isn’t working when they could be, the court may order a support amount based on what that parent ought to be able to earn (called "imputed" income).

Orders of Protection FAQs

2026-06-04 00:00:00

An order of protection, often called a restraining order, is a court order that helps protect someone who has suffered abuse. In Illinois, these orders are most often used in situations involving family or household members, including partners.

Understanding how orders of protection work is an important first step in knowing if you should request one. A DuPage County, IL domestic violence attorney can help you understand your options in 2026.

What Is an Illinois Order of Protection?

An order of protection is a legal order issued by a court to stop abuse or harassment and keep a victim safe (Illinois Domestic Violence Act, 750 ILCS 60/). They are designed to protect family and household members from abuse.

Predicting Alimony in an Illinois Divorce

2026-05-28 00:00:00

Alimony, called spousal maintenance in Illinois, is often one of the most misunderstood parts of the divorce process. Some assume it's always granted to the lower-earning spouse, or that it will last forever. Neither of these things is automatically true.

If maintenance is awarded, the amount and how long it lasts depend on each spouse's financial situation and life circumstances. The length of the marriage also factors in. If you're heading into a divorce in 2026 and have questions about what to expect, a Naperville, IL divorce attorney can help you understand how the court will make decisions about spousal maintenance.

Why Isn’t Spousal Maintenance Automatically Awarded in an Illinois Divorce?

Spousal maintenance is never guaranteed in Illinois. If spouses entered into a valid prenuptial or postnuptial agreement that addresses maintenance, a judge will most likely honor it. Each decision about alimony is made case-by-case.