Posted on October 23, 2026 in Child Custody

Managing a mental illness while going through a separation brings added stress, especially when your ability to parent is questioned. Concerns about your diagnosis or treatment history could become part of the discussion about your child’s care.

Illinois courts consider how a parent’s health affects their ability to care for their child. However, a diagnosis alone does not decide the outcome. If mental health concerns are part of your child custody case in 2026, our Naperville, IL family law attorneys will help you respond.

Does Having a Mental Illness Mean You Will Lose Custody in Illinois?

Having a mental illness does not automatically cause you to lose custody. Under 750 ILCS 5/602.7, the court considers mental and physical health, among other factors, when deciding parenting time. The judge also reviews your caregiving history and your child’s needs.

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 Posted on October 14, 2026 in Paternity

Establishing paternity gives a child a legally recognized father and also helps protect the rights of both the father and the child. Without legal paternity, an unmarried father could have trouble securing parenting time or making important decisions about his child's life.

If you are trying to establish paternity in 2026, a Naperville, IL family law attorney at Pesce Law Group, P.C. can explain your options and help you take the next steps.

Why Is Establishing Paternity Important in Illinois?

Once paternity is established, a father has the right to ask the court for parenting time and a role in major decisions about his child's upbringing. It also gives the child a legal right to seek financial support from their father.

Establishing paternity offers other benefits for children, including:

• Access to health insurance through their father's plan, if coverage is available

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 Posted on October 06, 2026 in Divorce

What you share online during an Illinois divorce could become part of your case. A photo or comment might raise questions about your finances or how you care for your children. Even a post that seems harmless can cause problems if it conflicts with something you have said during your case.

If you are going through a divorce in 2026, a Naperville, IL divorce attorney can explain how your online activity could affect your case and help you avoid common mistakes.

Can Your Online Profiles Be Used During an Illinois Divorce?

Information you share online could potentially be used during a divorce if it is relevant to the case. This includes content posted on social media and other information you make available online.

For example, you might claim that you cannot afford certain expenses while posting photos of expensive purchases or vacations. Your spouse could point to those posts when questioning the financial information you provided, even if you’re not the one who paid everything.

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 Posted on September 26, 2026 in Divorce

While Illinois is a no-fault divorce state, an affair can become relevant if it involves marital money or affects your children. No-fault means the court will not weigh who was to blame when deciding whether to grant the divorce, and a judge cannot punish a spouse for cheating by handing the other one a larger share of the property. What the affair cost the marriage financially, and whether it exposed the children to anything, are separate questions a court can take up.

If infidelity played a role in the end of your marriage in 2026, a Naperville, IL divorce attorney can explain what to expect and help you protect your interests.

Does Cheating Give You Grounds for Divorce in Illinois?

Illinois no longer uses adultery as a legal ground for divorce. Under 750 ILCS 5/401 of the Illinois Marriage and Dissolution of Marriage Act, "irreconcilable differences" is the only basis for ending a marriage.

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 Posted on September 19, 2026 in Divorce

There are generally two ways a marriage can legally end in Illinois. You can get an annulment or the more common divorce. There are important differences between the two, both in their legal requirements and their effects. If you are unsure which process applies to you in 2026, a Naperville, IL divorce attorney at Pesce Law Group, P.C. can explain your options.

What Is an Annulment in Illinois?

An annulment is a legal process that declares a marriage invalid. Illinois law refers to an annulment as a "declaration of invalidity of marriage." To get an annulment in Illinois, you or your attorney must show that there is a legal reason to call the marriage invalid. Under 750 ILCS 5/301 of the Illinois Marriage and Dissolution of Marriage Act, a court can declare a marriage invalid under circumstances that include:

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 Posted on September 10, 2026 in Spousal Maintenance

When an Illinois court awards spousal maintenance, commonly known as alimony or spousal support, the amount and length of the award are based on the spouses' circumstances at the time. However, finances can change significantly after a divorce. A job loss or another major life change may leave you with a maintenance order that no longerl makes sense.

In Illinois, a maintenance order can be modified when there has been a substantial change in circumstances. Whether you pay or receive maintenance, a DuPage County, IL spousal maintenance attorney can review your current order and determine whether you have grounds to request a change in 2026.

What Types of Spousal Maintenance Are Available in Illinois?

Under 750 ILCS 5/504, the court considers several factors when deciding whether maintenance should be awarded, including the length of the marriage. The type and duration of maintenance awarded during a divorce can affect what happens after the marriage ends. Illinois law currently recognizes fixed-term, indefinite, and reviewable maintenance.

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 Posted on September 02, 2026 in Child Custody

Parenting after a divorce or separation can be difficult, even when both parents make an effort to cooperate. When one parent starts ignoring the parenting plan, you might be left wondering whether you need to go back to court or how you can protect your time with your child.

The parenting plan is an official court order that parents are expected to obey completely. If your child’s other parent is not following the directions contained in the parenting plan, he or she could face serious consequences. If your ex is repeatedly violating your custody agreement in 2026, a Naperville child custody attorney can explain your options.

What Should You Do if the Other Parent Is Not Following Your Parenting Plan in Illinois?

If violations keep happening, begin by keeping a clear record of them. Write down what happened and when it occurred, and save messages that show problems with the parenting schedule. You should also review the wording of your parenting plan, so you know exactly what the other parent was required to do.

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 Posted on August 31, 2026 in Child Custody

When parents divorce or separate in Illinois, how they will share time with and responsibility for children must be decided. This is called the allocation of parental responsibilities.

Most parents go into these cases wanting to protect their relationship with their kids. However, letting strong emotions guide your choices during a court case can hurt your position.

If you are facing a parenting case in 2026, a DuPage County, IL parental responsibilities attorney can help you steer clear of steps that weaken your position.

How Does an Illinois Court Decide Parental Responsibilities?

The allocation of parental responsibilities has two parts. One is parenting time, which is the schedule the child spends with each parent. The other is significant decision-making. "Significant" decisions cover things like education, health care, religion, and extracurricular activities.

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 Posted on August 21, 2026 in Child Support

At the core of many divorces is the question: how will the divorce affect the children? That question is even more pressing when divorcing parents have a child with disabilities.

Divorcing parents may disagree about a child’s needs and the amount of support required. One parent may question the diagnosis or the cost of care. The other parent may believe that additional child support is required to meet the child's needs.

A Naperville, IL family law lawyer can explain when additional support may be available in 2026.

When May Additional Child Support Be Necessary in Illinois?

Under 750 ILCS 5/505, a judge can deviate from the standard child support guidelines under certain circumstances. Common reasons include the following.

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 Posted on August 04, 2026 in Divorce

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.

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