Legal Blog

March 22, 2017
Another Politician Files For Divorce

Just a couple weeks after Alabama Governor filed for divorce, Maine’s 1st Congressional District U.S. Democratic Representative Chellie Pingree has also filed for divorce. Pingree has been married to hedge fund manager, Donald Sussman, for four years and says the decision to divorce has been mutual and amicable. The couple married in 2011 and a […]

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March 22, 2017
IL Motorcycle Accident Kills Woman

A motorcycle accident on Sunday night has claimed the life of an Illinois woman. The accident happened in Clinton County, Illinois around 9:15 p.m. The Clinton County Sheriff’s Department reported that a man was operating a motorcycle along Illinois 127 when a collision occurred with a passenger vehicle. The accident site was near County Farm […]

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March 22, 2017
Celebrity Chef Gloria De Laurentiis Ordered to Pay Child Support

Celebrity chef Gloria De Laurentiis has finalized her divorce to designer Todd Thompson. The couple was married for 11 years and have a 7-year-old daughter. The couple will share joint custody, and Laurentiis was ordered to pay Thompson $9,000 a month for child support. The couple did not have a prenuptial agreement, and a judge […]

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March 22, 2017
Divorce Selfie Making Headlines

A couple in Canada has become famous for posting a photo to social media of themselves after filing for their divorce. The photo is considered unique because the couple, Chris and Shannon Neuman, appear to be happy in the photo by smiling. Shannon posted the picture to her Facebook account stating her and her husband, […]

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March 22, 2017
Reckless Driving Caused IL Auto Accident

Illinois State Police are investigating an auto accident that injured two people on Saturday morning. The accident occurred at 8:30 a.m. in Saline County, Illinois which is located in the southeast part of the state. According to authorities, 27-year-old Kristen Lee Day was operating a passenger vehicle on Illinois Route 13 westbound when her vehicle […]

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March 22, 2017
Two Killed in Three Vehicle Auto Accident

Nine individuals sustained injuries in a car accident that involved three vehicles on Thursday night. The accident happened in the suburb of Robbins, south of Chicago. Authorities stated that they’re not exactly sure how the accident happened or what caused the crash that occurred at 7:45 p.m. Three vehicles collided near the intersection of 137th […]

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March 22, 2017
Woman Sentenced in Motorcycle Accident

On Thursday, 34-year-old Leena Ultsch was charged with leaving the scene of an accident and failing to render help or report a death. The charges stem from an auto accident involving a motorcycle during the very early hours on Wednesday near Antioch, Illinois. According to authorities, 50-year-old Gregory Boyes and his motorcycle were discovered along […]

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March 22, 2017
Explosion Injures Student at SIUE

A Southern Illinois University Edwardsville student sustained injuries in an explosion on Tuesday afternoon. The school accident occurred in a science lab in the science building that has recently been constructed. University officials claim a 23-year-old male student was working with a beaker filled with tetrahydrofuran and potassium when it exploded. The student sustained cuts […]

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March 22, 2017
Illinois Plane Accident Kills Pilot

Over the weekend, a plane crash in the eastern part of Illinois took the life of a man. David Goodwin from Martinsville, Illinois told family members that he was going to go flying, and after they had not heard from him for several hours, they contacted police on Saturday morning and reported him missing. Authorities […]

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March 22, 2017
SUV Collides with Building in Metro-East Auto Accident

Granite City police are investigating an auto accident that ended with an SUV crashing into a building on Thursday night. At approximately 12:40 a.m. Friday morning, the 20-year-old male driver was operating a Chevy Blazer on Iowa Street at a high rate of speed when he lost control of the vehicle and collided with 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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