Legal Blog

March 22, 2017
Woman Injured in Belleville Auto Accident

A single-vehicle auto accident has injured a woman in Belleville on Thursday. The accident happened at approximately 1:40 p.m. when a woman overturned her vehicle along Old St. Louis Road. According to deputies with the St. Clair County Sheriff’s Department, the unidentified woman was operating a BMW hatchback passenger vehicle. She was traveling eastbound when […]

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March 22, 2017
Truck Accident Victim Fighting for Insurance Change

Five years ago, Mike Tomars was rear-ended in a tractor-trailer accident that inflicted him with life-altering injuries. Tomars, 55-years-old, sustained a fractured skull that prevents him from working, being in crowds, bright lights, or reading for more than a short period of time. The trucking company settled with Tomars for $300,000 above their $1 million […]

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March 22, 2017
Man Killed in Metro-East Work Accident

A work-related accident has killed a man in Madison County, Illinois on Thursday. The accident happened around 9:19 a.m. in Alhambra when a worker was electrocuted. The worker, 34-year-old Geoffrey L. Walthes from Germantown was working at a construction worksite near the intersection of East Main Street and Wall Street when he came into contact […]

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March 22, 2017
Southern IL Woman Fined for Fatal Accident

A southern Illinois woman received a $1,000 fine for causing a motorcycle accident that killed a man. In November 2014, 57-year-old Terry Rawson was traveling on Stotlar Road when his motorcycle was rear-ended by 28-year-old Brittany Lane. Rawson, a Sesser, Illinois resident, and former school sports coach, was killed in the accident. Authorities subpoenaed Lane’s […]

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March 22, 2017
Elderly IL Man Killed in Pedestrian Accident

On Sunday, an elderly man was killed in a pedestrian accident in Jacksonville, Illinois. At approximately 8:30 a.m., 86-year-old Homer Keltner attempted to cross South Church Street when he was struck by a vehicle. According to Jacksonville police, 72-year-old Gloria E. Lyles was traveling along South Church Street near West College Avenue when she failed […]

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March 22, 2017
Illinois Man Killed in ATV Accident 

An ATV accident has claimed the life of an Illinois man in Marshall County. A group of friends were riding their four-wheelers on Saturday night a few miles from Henry, Illinois when an accident occurred killing 32-year-old Ryan T. Closen. As Closen fell behind the other four-wheelers, he attempted to catch up to them by […]

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March 22, 2017
Southern IL Motorcycle Accident Injures Man

Authorities responded to an Illinois auto accident involving a motorcycle on Monday morning in Murphysboro. At approximately 11:32 a.m. 43-year-old Jason Hall was operating his 2012 Kawasaki green motorcycle traveling on old Highway 13 westbound when he was struck by another vehicle. According to the Jackson County Sheriff's Office, 27-year-old Michael Chancy was driving a […]

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March 22, 2017
Woman Sentenced in Illinois Pedestrian Accident

In 2013, 57-year-old Alan Rubin was crossing the street in Skokie, Illinois when he was struck and killed by a vehicle. Police reports indicate that Larissa Lomax, 34-years-old, had turned off of Skokie Boulevard onto Main Street where Rubin was crossing. She struck him in the crosswalk, and he died after being transported to the […]

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March 22, 2017
Illinois Woman Charged in Fatal Crash

A Columbia, Illinois woman has been charged with two counts of involuntary manslaughter resulting from a car crash that occurred last week. According to Greene County prosecutors, 35-year-old Antonia Livia-Reiss was traveling at approximately 96 miles per hour when she lost control of her vehicle, and she collided with another vehicle. That vehicle was an […]

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March 22, 2017
Metro-East Accidents Involve Semi-Trucks

On Friday morning, two separate semi-truck accidents delayed commuters on their morning commute. The Illinois State Police responded to an accident on Interstate 64 near the interchange of Illinois 111 at approximately 6 a.m.  The tractor-trailer had overturned and blocked two lanes on the roadway. According to police, the cleanup was expected to take a […]

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FAMILY LAW • DIVORCE • CUSTODY • SUPPORT

Family Law FAQs — Organized by State

These frequently asked questions cover common divorce and family law issues in Missouri and Illinois. Each question is clearly labeled by state so updates remain easy to track over time. This page is general educational information and not legal advice.

Laws and outcomes vary. Talk with an attorney to understand options for your specific facts and jurisdiction.

Divorce Basics

Filing, no-fault rules, timing, and separation requirements—labeled by state.

MISSOURI How do I file for divorce in Missouri?
To file for divorce in Missouri, at least one spouse must have lived in Missouri for 90 days before filing. Divorce cases are filed in the circuit court of the county where either spouse resides.
MISSOURI Is Missouri a no-fault divorce state?
Yes. Missouri is a no-fault state. You do not have to prove adultery, abuse, or wrongdoing—only that the marriage is “irretrievably broken.”
MISSOURI How long does a divorce take in Missouri?
Missouri has a minimum 30-day waiting period, but most divorces take 3–12 months, depending on custody disputes, property issues, and court schedules.
MISSOURI Do I need my spouse’s permission to get divorced?
No. One spouse can file for divorce even if the other objects.
ILLINOIS How do I file for divorce in Illinois?
One spouse must have lived in Illinois for at least 90 days before filing. Cases are filed in the circuit court of the appropriate county.
ILLINOIS Is Illinois a no-fault divorce state?
Yes. Illinois only allows no-fault divorce based on irreconcilable differences.
ILLINOIS How long does a divorce take in Illinois?
Uncontested divorces can be finalized in as little as a few months, while contested cases often take 9–18 months.
ILLINOIS Do we have to be separated before divorcing?
Illinois law presumes irreconcilable differences if spouses have lived apart for 6 months, but the court's no longer require an affidavit of living separately for any length of time.

Property & Finances

Equitable distribution, the house, retirement accounts, and maintenance/alimony.

MISSOURI Is Missouri a community property state?
No. Missouri follows equitable distribution, meaning marital property is divided fairly—not necessarily 50/50.
MISSOURI What counts as marital property in Missouri?
Generally, assets acquired during the marriage—including income, retirement accounts, and real estate—are marital property, regardless of whose name is on them.
MISSOURI Who gets the house in a Missouri divorce?
There’s no automatic rule. Courts consider factors like financial contributions, custody arrangements, and each spouse’s ability to maintain the home.
MISSOURI Will I have to pay spousal maintenance (alimony)?
Possibly. Missouri courts look at need, ability to pay, length of marriage, and earning capacity. Maintenance can be temporary or long-term.
ILLINOIS Is Illinois a community property state?
No. Illinois follows equitable distribution, not automatic 50/50 division.
ILLINOIS What is considered marital property in Illinois?
Most assets and debts acquired during the marriage, regardless of title.
ILLINOIS How are retirement accounts divided?
Often through a Qualified Domestic Relations Order (QDRO)—errors here can be extremely expensive.
ILLINOIS Will I receive or pay maintenance (alimony)?
Illinois uses statutory guidelines based on income, marriage length, and financial need, though courts may deviate.

Child Custody & Support

Best-interest standards, parenting time, and how support is calculated.

MISSOURI How is child custody decided in Missouri?
Custody decisions are based on the best interests of the child, considering stability, parental involvement, and the child’s needs.
MISSOURI Does Missouri favor mothers in custody cases?
No. Missouri law is gender-neutral. Courts often favor arrangements that allow frequent and meaningful contact with both parents.
MISSOURI What types of custody exist in Missouri?
  • Legal custody (decision-making)
  • Physical custody (where the child lives)
Both can be joint or sole.
MISSOURI How is child support calculated?
Missouri uses Form 14, which considers income, parenting time, healthcare costs, and childcare expenses.
ILLINOIS Does Illinois still use the term “custody”?
No. Illinois now uses allocation of parental responsibilities and parenting time.
ILLINOIS How does Illinois decide parenting time?
Based on the best interests of the child, including stability, cooperation, and each parent’s involvement.
ILLINOIS Can a child choose which parent to live with?
A child’s wishes may be considered, but no child decides custody outright.
ILLINOIS What happens if one parent violates the parenting schedule?
Courts can impose fines, modify parenting time, or hold the parent in contempt.
ILLINOIS How is child support calculated in Illinois?
Illinois may use an income shared model, considering both parents’ income and time with the child based on overnights.
ILLINOIS Does parenting time affect child support?
Yes. Overnights and shared parenting significantly impact calculations.
ILLINOIS Can child support be modified?
Yes, if there’s a substantial change in circumstances (job loss, income change, medical issues).

Special & High-Conflict Issues

Pregnancy, hidden assets, relocation, domestic violence, and enforcement.

MISSOURI Can I get divorced while pregnant in Missouri?
Yes, but courts may delay final custody decisions until after birth.
MISSOURI What if my spouse is hiding assets?
Courts can impose penalties, reopen judgments, and award additional property if concealment is proven.
MISSOURI Can I move out with my children during a divorce?
This can seriously impact custody. Always talk to an attorney before relocating.
MISSOURI Do I need a lawyer for an uncontested divorce?
Legally no—but mistakes can be costly and irreversible, especially with property and custody.
ILLINOIS What if there is domestic violence?
Illinois courts can issue Orders of Protection immediately and prioritize safety.
ILLINOIS Can I move out of state with my child after divorce?
Relocation may require court approval or parental agreement depending upon the mileage involved.
ILLINOIS What if my spouse won’t cooperate?
Courts can compel disclosure, enforce deadlines, and impose sanctions.
ILLINOIS Do I really need a lawyer if we “agree on everything”?
Many people think they agree—until tax consequences, retirement, or future enforcement becomes an issue.

Want answers specific to your situation?

Get guidance tailored to your facts, goals, and jurisdiction. We’ll help you understand options and next steps.

Facing family or divorce issues?

At Besserman Law, we understand that family and divorce matters can be challenging and emotionally draining. Our experienced team is here to provide you with compassionate, professional legal support every step of the way.
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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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