Legal Blog

March 22, 2017
Horse and Buggy Rear-Ended by Vehicle

An accident in southern Illinois occurred on Tuesday afternoon involving a vehicle and a horse and buggy. The Jackson County Sheriff's Department responded to calls reporting the car accident had occurred at approximately 4 p.m. near Campbell Hill. According to authorities, Robert Hines was driving a car when he failed to reduce his speed and […]

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March 22, 2017
Motorcycle Accident Kills Illinois Woman

As a woman rode on the back of a motorcycle, she was killed when the motorcycle crashed. The crash happened near West Frankfort, Illinois approximately 100 miles from St. Louis. The accident occurred on Saturday afternoon when 45-year-old Tricia Bailey was a passenger on a motorcycle in which her ex-husband was driving. The driver, Steven […]

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March 22, 2017
Worker Killed on Eads Bridge

Eads Bridge in St. Louis was the site of an accident involving a tugboat on Thursday afternoon. The tugboat collided with the bridge causing the death of the man working in that area. That man was an employee of the Pevely, Missouri company called Thomas Industrial Coatings and was sandblasting an area on the bridge […]

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March 22, 2017
Divorce and How To Tell Your Kids

It is only natural that, as a mom and dad you dread speaking with your kid about an approaching divorce. Us moms and dads wish to safeguard and shield our kids from psychological or physical damage BUT it is essential that you handle the task at hand and doing this in a way that helps […]

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March 22, 2017
Part2- Divorce Stories You Must Read

Divorce is a serious situation for all individuals and families that are involved. The stories below are meant to take a step back and laugh, cringe, and realize what can go on in a divorce. If you are thinking about a divorce please contact Deborah Besserman, a Madison County and St. Clair County, Illinois divorce lawyer, who also […]

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March 22, 2017
Woman Dies in Fatal MO Semi Accident, Others Injured

Teams closed down both lanes of I-70 westbound Wednesday early morning following a personal injury motor vehicle crash. Two hurt in a major I-70 semi truck accident near Columbia, MO Semi truck crashes are different than other vehicle mishaps since of the federal laws that govern the trucking market. The first step most lawyers take […]

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March 22, 2017
Hollywoods Golden Couple to Divorce

  It seems that even the richest and most beautiful things must come to an end, namely Jennifer Garner and Ben Affleck’s marriage.  Furthermore, just like the rest of us, it seems that no one is immune to risk of his or her marriage falling apart and ending in divorce. Sadly, the Garner-Affleck announcement comes […]

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March 22, 2017
EDWARDSVILLE DIVORCE AND PERSONAL INJURY ATTORNEY

EDWARDSVILLE DIVORCE AND PERSONAL INJURY ATTORNEY When you need legal assistance, you do not want to find a law firm that simply accepts your case. It's important to work with an attorney who has experience in their practice areas. Deborah Besserman works in the entire area of Madison and St. Clair County. She knows the […]

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March 22, 2017
A Few Things You Need to Know About a Divorce Process

Divorce is the legal and outcome of dissolving your marital ties and responsibilities to your partner, consisting of the division of marital assets, possessions and financial obligations, in addition to identifying child custody and support payments, maintenance/alimony and other legal and adult responsibilities that might continue post-marital dissolution.  Presently, Illinois acknowledges civil unions for same-sex […]

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March 22, 2017
Real Life Divorce Disputes You Might Like to Read

From time to time we have to laugh at the stories of others. Enjoy! Feel free to forward on to your current married friends.  Divorce is a serious situation for all individuals and families that are involved. The stories below are meant to take a step back and laugh, cringe, and realize what can go […]

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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?

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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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