Posted on June 30, 2025 in Division of Assets

If you are getting divorced in Illinois, one of the most important parts of the process is dividing your property. You might assume everything gets split 50/50, but that is not always the case. Illinois uses an "equitable distribution" model, which means the court divides marital property fairly, not necessarily equally.

Most divorces in DuPage County do not go to trial. Reaching a settlement is usually faster, less expensive, and more predictable than letting a judge decide. But to make informed decisions — or to know what might happen if you do end up in court — it helps to understand how Illinois law handles property division. Our Naperville, IL divorce lawyers are here to help. 

What Counts as Marital Property in an Illinois Divorce?

Under Illinois law 750 ILCS 5/503, anything either spouse acquires during the marriage is presumed to be marital property, regardless of whose name is on the account or title. This includes:

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 Posted on June 21, 2025 in Division of Assets

During a divorce, financial misconduct can have a major impact on the outcome. Some spouses hide money or property. Others spend large amounts on personal items, affairs, or gambling before the divorce is finalized. These actions can affect property division, child support, and spousal maintenance. Whether your marital estate is large or small, Illinois courts expect honesty and fairness from both spouses.

If you think your future ex is hiding assets or wasting marital funds, do not try to handle it on your own. Our skilled DuPage County, IL divorce lawyers can investigate, gather the right evidence, and work to protect your financial interests.

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 Posted on June 16, 2025 in Division of Assets

In Illinois, many divorces take months or even years to finalize. During that time, one spouse often continues to cover shared debts, mortgages, or even the other spouse’s personal expenses. Understandably, the paying spouse usually wants to know whether the court will reimburse them for those payments during the division of marital property.

The answer depends on several factors, including the nature of the payments, the timing, the source of the money, and whether the payments were voluntary. While Illinois law does allow for reimbursement in some situations, the court makes the final decision, and reimbursement is never guaranteed. Understanding how to raise this issue early and correctly is essential to a strong claim. Our DuPage County, IL divorce lawyers discuss this further. 

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 Posted on June 05, 2025 in Child Custody

Child custody orders – also known as parenting plans – are not set in stone. As children grow and family situations evolve, it is sometimes necessary to revisit and revise existing parenting arrangements. Still, the process is not automatic. A judge will only approve a custody change if it meets specific legal standards. 

As of June 2025, Illinois courts continue to apply a "best interests of the child" analysis under the Illinois Marriage and Dissolution of Marriage Act when considering custody modifications. For help understanding what this means, and whether now is the time to ask a judge to change your custody order, talk to our Naperville, IL child custody lawyers today.

How Do You Prove a Custody Change is in Your Child’s Best Interests? 

Under 750 ILCS 5/610.5, a parent who wants to change an existing allocation of parental responsibilities or parenting time must show that there has been a substantial change in circumstances since the last order, and that the modification is in the child’s best interests.

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 Posted on May 27, 2025 in Divorce

If you and your spouse are divorcing later in life, you might wonder how to explain it to your grandchildren, especially if they are old enough to sense that something has changed. In communities like Naperville, where many extended families live close together or stay connected through regular visits, grandparents often play an important role in their grandchildren’s lives. That can make it difficult to simply "not say anything." But is it helpful — or even appropriate — to talk to your grandchildren about your divorce?

As of May 2025, Illinois family law continues to treat divorce between spouses over 50 the same as any other divorce, legally speaking. But socially and emotionally, the impact can be very different, especially when it ripples through a tight-knit family. While children are often the central focus in a divorce, adult children and grandchildren can be deeply affected, too. Here, our Illinois divorce attorneys consider whether and when to discuss your divorce with family members. You can also read further about grandparents and visitation rights. 

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 Posted on May 23, 2025 in Child Support

Divorce orders are not carved in stone. Life changes, and the law in Illinois recognizes that. Whether you are paying child support or receiving it, you may eventually reach a point where the current arrangement no longer makes sense. In those cases, it is possible to request a modification.

However, changing a child support order is not automatic. You need to show why the change is necessary and how your circumstances have shifted since the original order was entered. A Naperville child support lawyer with Pesce Law Group, P.C. can help you make a persuasive case, both to the court and to your child’s other parent.

When Can You Modify a Child Support Order?

Illinois law allows either parent to request a change to child support under the following general circumstances:

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 Posted on May 16, 2025 in Divorce

Parental relocation directly impacts the allocation of parental responsibilities, making it a complex topic that can cause tension between co-parents. Moving out-of-state, or even a significant distance within the state, after divorce requires careful consideration and an understanding of the legal requirements. Consider some elements of the legal process and how the court decides to approve or deny relocation. Then, talk to an experienced Naperville, IL parental relocation attorney about your case.

What Does Illinois Law Say About Relocating With a Child After Divorce?

Parental relocation refers to a parent moving with a child to a residence outside the state or beyond a certain distance from their current location. For most of Illinois, any distance over 50 miles would constitute relocation, but in certain counties, including DuPage, Cook, Kane, McHenry, Lake, and Will, more than 25 miles is considered relocation.

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 Posted on May 06, 2025 in Division of Assets

The division of assets is a common concern during divorce proceedings, especially if you have been married for a long time and have obtained a large asset portfolio. For most couples, the home is the most valuable property, and no definitive rule determines what will happen to it during asset division. If you have questions or concerns about the division of property, a Naperville, IL divorce attorney can offer experience and advice, working with you to find a comfortable solution to asset division.

Who Will Get the House in an Illinois Divorce?

When asset division is determined by the court, several factors will influence what happens to the home in an Illinois divorce. For example, if you have small children who still live at home, the standard for determining who gets the house would be what is in the children’s best interest, according to Illinois law. Often, it will go to the parent who has the most parenting time.

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 Posted on April 30, 2025 in Divorce

Divorce is emotionally taxing and, unfortunately, sometimes it can take much longer than people expect. By the time most people initiate a divorce, they are certain they are ready for their marriage to be over, and an extended divorce process can be very difficult indeed. Fortunately, there are often ways to help things move faster – especially with careful planning and preparation.

If you are considering divorce in Naperville or anywhere in DuPage County, you may be wondering how long the process will take and what factors could slow things down. The answer depends on several things, including whether you and your spouse agree on major issues and how busy the local courts are when you file. An experienced DuPage County, IL divorce attorney with Pesce Law Group, P.C. can review your case and give specific recommendations.

What Is the Minimum Time a Divorce Can Take?

There is no mandatory waiting period to file for divorce in Illinois as long as both spouses agree that they have been living separate and apart for at least six months. This requirement does not mean you must be living in two different homes — it can also mean that you are no longer acting as a married couple under one roof.

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 Posted on April 25, 2025 in Division of Assets

Dividing property in a divorce is rarely simple — and when a couple owns multiple homes, vacation properties, or rental units, the process becomes even more complex. Real estate can be one of the most valuable assets in a divorce, and courts in Illinois take many factors into account when deciding how to divide it fairly.

Whether you are concerned about keeping your primary residence, managing rental income, or minimizing tax consequences, it is important to have a knowledgeable Naperville divorce attorney who understands how to handle multi-property asset division.

How Does Illinois Handle Property Division?

Illinois is an equitable distribution state. That means marital property — including real estate — is divided in a way that is fair, but not always equal. The court considers a range of factors when deciding who gets what, including each spouse’s financial situation, contributions to the marriage, and parenting responsibilities.

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