Rely on Our Experts for Answers to Your Questions
At Downs Law Firm in Edwardsville, IL, we understand that navigating legal matters can be complex and overwhelming. To assist you, we’ve compiled answers to some of the most common questions our clients have regarding family law, probate, estate planning, guardianships, and mediation in Illinois. Our goal is to provide you with clear, concise information to help you better understand your legal rights and options. If you have further questions or need personalized advice, please don’t hesitate to contact our office.
Asset Division
Illinois follows an “equitable distribution” model, meaning marital assets are divided fairly but not necessarily equally. The court considers factors such as each spouse’s financial situation, contributions to the marriage, and future earning potential.
Marital property includes assets acquired by either spouse during the marriage, regardless of whose name is on the title. Exceptions include inheritances, gifts, and assets protected by a prenuptial agreement.
If a business was started or grew significantly during the marriage, it may be considered marital property. The court may award a spouse a share of its value or arrange a buyout.
Retirement accounts such as 401(k)s and pensions may be divided through a Qualified Domestic Relations Order (QDRO), which allows each spouse to receive a portion of the funds without penalties.
If you suspect your spouse is concealing assets, a forensic accountant can help uncover them. Courts take asset hiding seriously and may impose penalties.
Child Custody
Illinois courts prioritize the best interests of the child. Factors include the child’s relationship with each parent, each parent’s ability to provide a stable home, and the child’s preferences if they are old enough.
Legal custody (now called “allocation of parental responsibilities”) refers to decision-making power regarding education, healthcare, and religion. Physical custody (“parenting time”) refers to where the child resides.
If a parent wants to move more than 25 miles (in some cases 50 miles) from their current residence, they must get the other parent’s consent or court approval.
A parent who violates a custody order may face legal consequences, including contempt of court, fines, or modifications to the custody arrangement.
Yes, custody orders can be modified if there is a significant change in circumstances, such as a parent’s relocation, substance abuse, or neglect.
Child and Spousal Support
Illinois uses an income shares model, which considers both parents’ incomes and the child’s needs. A formula helps determine the appropriate payment amount.
Child support typically lasts until the child turns 18 or graduates from high school, whichever comes later. It may extend for college expenses under certain circumstances.
Yes, if either parent experiences a substantial change in income, job loss, or increased expenses for the child, they can request a modification.
Illinois considers the length of the marriage, each spouse’s income, needs, and earning capacity. Courts follow statutory formulas in many cases but have discretion based on unique circumstances.
Yes, spousal support can end if the recipient remarries, cohabitates with a new partner, or experiences a substantial change in financial status.
Probate
Probate is the legal process of distributing a deceased person’s assets. It is required when an estate is worth over $100,000 or includes real estate not held in joint ownership.
You can avoid probate through estate planning tools such as living trusts, joint ownership, payable-on-death accounts, and beneficiary designations.
If a person dies intestate (without a will), their assets are distributed according to Illinois intestacy laws, prioritizing spouses, children, and close relatives.
The probate process typically takes six months to a year, but complex estates or legal disputes can extend the timeline.
An executor manages the estate by identifying assets, paying debts and taxes, and distributing property according to the will or state law.
Guardianships
You must file a petition with the court, pass a background check, and prove that guardianship is in the child’s best interests. A judge will then decide after a hearing.
Illinois allows guardianship of a minor, guardianship of an adult with disabilities, and temporary guardianship for emergency situations.
Yes, a parent can petition to terminate guardianship if they prove they can provide a stable and supportive environment.
A guardian must provide for the child’s or adult’s well-being, including housing, medical care, education, and daily support.
If appointed as a guardian of the estate, they can manage the child’s financial assets. Otherwise, a separate financial guardian may be needed.
Estate Planning
A will distributes assets after death and must go through probate, while a trust allows assets to be transferred directly to beneficiaries, avoiding probate.
Yes, a will ensures your assets are distributed according to your wishes and can prevent disputes among relatives.
A power of attorney for healthcare and a financial power of attorney allow someone you trust to make medical and financial decisions on your behalf.
Yes, you can update your will anytime, but changes should be made formally using a codicil or by drafting a new will.
Yes, digital assets like social media accounts, cryptocurrency, and online banking should be included in your estate plan with clear access instructions.
Mediation
A neutral third party helps spouses or parents negotiate agreements on divorce terms, custody, and financial matters without going to court.
In many counties, mediation is required for disputes involving child custody or parenting time before the court will hear the case.
Mediation is typically faster, less expensive, and less stressful than litigation. It also allows both parties more control over the final agreement.
If mediation fails, unresolved issues will go to court, where a judge will make decisions based on Illinois law.
Yes, once both parties agree and sign, the agreement is submitted to the court for approval and becomes legally enforceable.