Posted on October 05, 2025 in Child Custody

If you are a parent and live with your own parents, you may wonder if you can still get custody of your child. The short answer is yes, but there are important things to understand. In Illinois, the main rule is that the court always wants to do what is best for the child. Where you live is only one factor. The court looks at your ability to care for your child, keep them safe, and provide for their daily needs.

Our Naperville, IL child custody attorneys have almost 20 years of experience helping families with custody issues. We provide free consultations and explain everything in simple terms so you can understand your options.

Note that throughout this blog, we use the terms "custody" and "visitation." Illinois law has changed these terms to be "allocation of parental responsibilities" and "parenting time" instead. These words refer to the same concepts – namely, the authority to make important decisions for your child and your right to spend time with them. 

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 Posted on September 29, 2025 in Child Custody

When parents divorce or separate, one of the first questions they ask is how much time each of them will spend with their child. In Illinois, custody is divided into "parental responsibilities" and "parenting time." The court’s main focus when making these decisions is always the best interests of the child. While every family’s situation is unique, there are some common ways parenting time agreements are structured. A qualified Naperville, IL child custody lawyer can help you understand the possibilities and give you some realistic expectations.

How Do Illinois Courts Divide Parenting Time?

Under Illinois law (750 ILCS 5/602.7), judges must consider several factors when deciding parenting time. These include:

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 Posted on September 19, 2025 in Paternity

For fathers in Illinois, establishing paternity is an important step in gaining legal rights and parental responsibilities for a child. But what happens if the mother refuses to acknowledge you as the father? 

Illinois law gives you options to confirm paternity even when there is this kind of disagreement. With the right legal support, you can move forward to protect your rights and your relationship with your child. Talk to a Naperville, IL paternity lawyer to learn how.

Why Does Paternity Matter in Illinois?

Paternity is about more than proving your biological relationship to your child. It creates important rights and responsibilities, including:

• The right to seek parenting time (visitation) and parental responsibilities (custody)

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 Posted on September 15, 2025 in Spousal Maintenance

Spousal maintenance, often referred to as alimony, is one of the most common financial issues after divorce. Payments are meant to help a former spouse maintain stability, especially if they were financially dependent during the marriage. But many people wonder what happens when their ex-spouse remarries. Do the payments automatically end? The answer is often yes, but not always. If you pay spousal maintenance and your ex is going to get remarried, a DuPage County divorce lawyer can explain how Illinois law applies to your case.

Does Alimony Automatically End When My Ex Remarries?

According to the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/510(c), spousal maintenance ends when the receiving spouse remarries. Once the marriage is legally recognized, the paying spouse no longer owes future payments. However, you should not stop paying without court approval. Filing a motion to terminate ensures there is a clear record, which can prevent disputes.

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 Posted on September 05, 2025 in Spousal Maintenance

Couples facing divorce often have several money-related concerns, and alimony is one of the most significant. Under Illinois law, alimony is legally referred to as spousal maintenance. While the courts sometimes decide whether maintenance will be awarded and how much should be paid, both spouses need to understand how these payments can affect their taxes. 

If you are preparing for divorce, speaking with a Naperville, IL spousal maintenance lawyer can help you avoid costly mistakes and plan for your future.

How Did the 2019 Federal Tax Law Impact Alimony in Illinois?

Before January 1, 2019, the paying spouse could deduct spousal maintenance payments from their taxable income, and the receiving spouse had to report those payments as taxable income. The Tax Cuts and Jobs Act (TCJA) reversed this rule for divorce cases finalized after that date. The paying spouse can no longer deduct maintenance payments on federal taxes, and the receiving spouse does not pay income tax on the maintenance they receive. Divorces finalized before 2019 are generally not affected by this change, but all divorces since then must follow the new rules.

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 Posted on August 31, 2025 in Divorce

Deciding to divorce is a complicated matter, even when you are sure it is the right choice for you. Beyond the emotional and personal aspects you need to consider, the timing of your divorce can affect your financial future, your children, and even how smoothly the process unfolds.

If you live in Illinois, knowing when to file can help you avoid mistakes and protect your rights. With nearly two decades of family law experience, our Naperville, IL divorce attorney at Pesce Law Group, P.C. can guide you through these difficult choices and help you plan your divorce in a way that best suits your needs. Here are five things to think about as you consider the timing of your divorce.

Your Financial Readiness for Divorce

Divorce involves dividing property and debts, and possibly paying or receiving spousal maintenance. If you file before you have gathered thorough financial records, you may be at a disadvantage. Take time to get together bank statements, tax returns, mortgage documents, and retirement account information. Filing when you are financially prepared gives you much greater control over the process.

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 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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