Legal Blog

March 22, 2017
Help with Estate Planning

What is Estate Planning? ​Estate Planning is something everyone should be prepared for no matter what his or her background or amount of money.  Likewise, although not everyone realizes it, each person that owns possessions of some sort has an estate.  Such items are included in an estate are: Real estate Banking accounts Investments Life Insurance […]

Read More
March 22, 2017
Relocation After Divorce

Parent’s Rights to Relocation After Divorce Even when a divorce is final, that doesn’t mean complications and complexities with the situation can’t arise.  Furthermore, if one parent seeks to relocate with the child, there are certain procedures that must be followed.  Likewise, since relocation of a parent means substantial change in circumstances for a child, the […]

Read More
March 22, 2017
Divorce and Disabled Children

Navigating through a Divorce with a Disabled Child The term “disabled” refers to a person who has a physical or mental impairment that substantially inhibits major life activities, someone who has a record of impairments, or is known to have an impairment.  Divorce is hard no matter what the situation, however, when it involves a disabled […]

Read More
March 22, 2017
Illinois Divorce and Maintenance Laws

Maintenance and Divorce During a divorce, legal separation, or declaration of invalidity of marriage occurs one of the spouses may be entitled to maintenance.   Likewise, when divorce proceedings occur and maintenance is awarded for either spouse, the amount and period of time it is paid out to the spouse is determined by the court without regard […]

Read More
March 22, 2017
Visitation by Non-Parents During Divorce 

Visitation Rights by Non-Parents During a divorce, custody and visiting arrangements can be complex and confusing, especially in such an emotionally charged time.  Likewise, many don’t realize that certain people who are non-parents can still have rights to visits with children as well.  Certain appropriate people who can be granted non-parental visitation include: Grandparents Great grandparents […]

Read More
March 22, 2017
Estate Planning: What's the Difference Between a Will and Trust?

Wills and TrustsThe terms will and trust seem to often be used interchangeably, however, most people are unsure what the difference is, and how they are used with estate planning. Likewise, although estate planning is something that should be done, the grim thought of looking into the future when you’re gone is not something most […]

Read More
March 22, 2017
Divorce and Child Support 

​Understanding Child Support During a Divorce During a divorce in Illinois, allocating child support can be a complex process without the help of a licensed divorce attorney.  Therefore, early planning and help throughout the divorce proceeding can be highly beneficial.  In the state of Illinois, during a proceeding for dissolution of marriage, legal separation, or a […]

Read More
March 22, 2017
Divorce and Education 

Education costs after divorce Going through a divorce and all of its emotional and physical disruption is hard enough without having to worry about the future of your financials and how they will impact your children.  Therefore, it’s important to understand your rights in regards to who pays for your children’s education once your divorce […]

Read More
March 22, 2017
Divorce and Parenting Plans

Navigating the divorce process Navigating through a divorce proceeding can be an emotionally draining and complex experience so it helps to be prepared.  Furthermore, in Illinois, there are different guidelines that must be followed during a divorce proceeding involving parenting plans to ensure it runs as smoothly and timely as possible. Likewise, all parents have […]

Read More
March 22, 2017
School Bus Kills Pedestrian in OFallon

  Police in O’Fallon, Illinois are investigating a school bus accident that injured one pedestrian and killed another. On Tuesday afternoon, a school bus transporting several elementary school students was traveling westbound on Highway 50 in O’Fallon when the bus struck two pedestrians. The pedestrians, 36-year-old Junu Rai and 45-year-old Dal Mager, were also walking […]

Read More
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.
CONTACT US
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.
Call Now! linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram