Posted on August 22, 2025 in Child Custody

When parents in Illinois divorce, one of the most common questions that comes up is whether one parent can change a child’s school. Moving a child to a different district or school may seem like a simple parenting choice, but in Illinois it is treated as a major decision that affects both parents’ rights and the child’s well-being. 

The short answer is that you cannot unilaterally change your child’s school after divorce if you share decision-making responsibility with your former spouse. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5), education is considered a significant decision. That means both parents who share parental responsibilities must agree, or the court must decide if the parents cannot.

If you are hoping to switch your child’s school, but you are worried your co-parent will not agree, meet with our Naperville, IL child custody attorneys. We may be able to help you find a solution. 

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 Posted on August 14, 2025 in Child Custody

When divorcing parents cannot agree on issues involving their children, the court must make these decisions for them. In Illinois, the legal standard is "the best interests of the child." Although that may sound open to interpretation, it is not simply a vague guess. Judges base their decisions on specific legal factors, concrete evidence, and, in some cases, the recommendations of a guardian ad litem (GAL) or child’s representative after a custody evaluation.

The DuPage County child custody attorneys at Pesce Law Group, P.C. have more than 50 years of combined family law experience. Attorney Pesce is court-approved to serve as a GAL, child’s representative, or attorney for the child, giving him unique insight into how judges evaluate what is best for a child in a contested divorce.

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 Posted on August 08, 2025 in Division of Assets

When anticipating divorce, most people think about how they will need to divide assets like homes, retirement accounts, and vehicles. However, debt is also part of the marital estate, and how it is divided can have a major impact on your financial future.

In Illinois, divorce courts treat marital debt like marital property, meaning it is distributed in a way that is fair, even if it is not exactly equal. If you are facing divorce, our experienced Naperville, IL family law attorneys can help protect your financial interests. Together our attorneys have over 50 years of experience working in family law, and we are committed to providing our best effort and attitude in every interaction with and for our clients.

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 Posted on July 31, 2025 in Divorce

If your spouse walked out on you and your child and never came back, you likely find yourself in the challenging situation of trying to juggle raising your children alone and holding down a full-time job. After months of fighting to make ends meet while your spouse has left without a trace and without any support, you may be ready to take the next step and officially end the marriage so you and your kids can move on. 

The good news is that Illinois law allows you to file for divorce even if you do not know where your spouse is. It certainly is not a typical situation, but a dedicated DuPage County, IL divorce lawyer can help you navigate the process so you can start a new chapter.

How Can I Legally File for Divorce Without My Spouse’s Involvement?

Under the Illinois Marriage and Dissolution of Marriage Act, you do not need your spouse’s permission to get divorced, but you do need to notify them of the proceedings. If you do not know where your spouse is, and cannot find them after making reasonable efforts, you can ask the court for permission to notify them by publication. This means placing a legal notice in a newspaper in the area where your spouse was last known to live.

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 Posted on July 28, 2025 in Division of Assets

Dividing retirement accounts during divorce can be just as complex as splitting the family home or other major assets. Many people do not realize that their 401(k), IRA, pension, or other retirement savings could be considered marital property even if they have them from their own work. In Illinois, those funds may need to be divided between both spouses, even if the account is only in one spouse’s name.

As of July 2025, Illinois law continues to treat retirement accounts as part of the marital estate when contributions were made during the marriage. If you are going through a divorce, contact a knowledgeable Naperville, IL family law attorney who can explain how these accounts are valued and divided and can help protect your financial future.

What Types of Retirement Accounts Are Subject to Division in an Illinois Divorce?

Illinois law divides assets into two categories: marital and non-marital property. According to 750 ILCS 5/503 in the Illinois Marriage and Dissolution of Marriage Act, any portion of a retirement account earned during the marriage is usually considered marital property, even if the account itself is in only one spouse’s name.

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 Posted on July 17, 2025 in Divorce

It goes without saying that even under average circumstances, divorce is no walk in the park. However, if one spouse refuses to cooperate, it can become even more difficult. If your spouse will not sign the divorce papers, or is actively trying to delay the process, you may wonder whether you can still move forward on your own.

You may be surprised to learn that in Illinois, you can. You do not need your spouse’s permission to get divorced. While their refusal to participate can slow things down, it will not stop the court from finalizing your divorce. If you need help navigating complicated situations in your own divorce, speak with an experienced Naperville, IL family law attorney.

Does Illinois Require Both Spouses to Agree to the Divorce?

Illinois is a no-fault divorce state, meaning you do not need to prove wrongdoing or get your spouse’s consent. As long as you meet the legal requirements and file correctly, your divorce can move forward with or without their cooperation. If one spouse contests the divorce or refuses to sign paperwork, the court will treat the case as contested. However, if they fail to respond altogether, the court may eventually enter a default judgment.

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 Posted on July 10, 2025 in College Expenses

As children grow up and begin preparing for college, divorced and unmarried parents often wonder whether they are legally required to help pay for tuition and other expenses. In Illinois, the answer may come as a surprise: A parent can be ordered by the court to contribute to a child’s post-secondary education, even after the child turns 18.

This issue often comes up in family law cases involving child support modifications or disagreements about who will pay for college. If you are trying to find answers to these kinds of questions, speak with a Naperville, IL family law attorney to understand how Illinois law handles these situations.

What Does Illinois Law Say About College Expenses After Divorce?

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/513, courts have the authority to require one or both parents to contribute to a child’s college expenses. These contributions can cover tuition and fees, room and board, medical and dental insurance, books and supplies, and reasonable living expenses.

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 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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