Legal Blog

March 22, 2017
5 Steps an Illinois Divorce Lawyer Can Navigate For You in the Divorce Process

After the initial petition for your Illinois divorce is filed and before you go to court, you will navigate your way through the discovery process. The discovery process only takes place if the divorce is being challenged or you and your spouse are incapable of coming to an agreement during settlement negotiations. The discovery process […]

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March 22, 2017
Understanding Divorce - Top Reason Your Divorce Lawyer Files Motions

A motion is a legal move your divorce attorney uses to be able to get your specific problem into a court and in front of a judge. In Madison County cases centralized in Edwardsville, IL and St. Clair County cases are concentrated in Belleville, IL. Motions are filed based on the requirement to enforce a […]

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March 22, 2017
General Points of Discussion When Working With Your Divorce Lawyer on Separating Agreements

So you and your spouse separate, you will need to draw up a separation agreement. Some states recognize a legal separation, some don’t. If your state acknowledges a legal separation, your divorce lawyer in Illinois or Missouri or court clerk will be able to guide you and help you set up an arrangement. If your […]

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March 22, 2017
Necessary Documents You Should Have When Preparing Information For Your Divorce Lawyer

Have you come to the conclusion of divorce, you need to start gathering documentation that will be required during the divorce process. Either you use an attorney or go the Pro Se route (Do-It-Yourself), the following is a listing of documents that you want to have ready for a divorce attorney to review: Complete addresses, […]

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March 22, 2017
Things to Consider if You Need a Divorce Lawyer

Contact Deborah Besserman if any of the information below strikes a nerve, just talking to a divorce attorney in the Granite, City, IL, Edwardsville, IL, Collinsville, IL, or St. Clair County area will allow you to not make a costly mistake during divorce but will give you a better understanding of what your rights are […]

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March 22, 2017
Serious Personal Injury Crash Involving Semi in Illinois

Illinois State Police stated the accident happened about 1:30 p.m. near Lawndale, which is about midway between Lincoln and Atlanta. State police said Solis neglected to slow for construction zone speed signs and hit the rear of another semi-trailer truck also known as a semi, 18 wheeler or tractor trailer, driven by Jeremy Armbruster, 30, […]

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March 22, 2017
Bad Relationship to Divorce

Relationships frequently have surprising twists and turns. Occasionally they lead us in a direction that reinforces our relationship with almost no exertion on our part, but it is never that simple. The twists and turns can be challenging, leaving us feeling like we want an external party to help direct the way. I believe too […]

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March 22, 2017
Combined Residential Custody and Joint Legal Custody

In Illinois, in making custody decisions, the prevalent issue of the court is what is in the best interests of the child. Many variables must be weighed by the judge in custody choices. When one parent has sole custody, the other parent will most likely be given visitation. Parents can consent to joint custody, while […]

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March 22, 2017
Do-It-Yourself Advice from a Divorce Lawyer in Madison County, IL

Family law attorneys, like Deborah Besserman in Granite City and Edwardsville, Illinois; help people by making use of problems that appear after a divorce and additionally with their divorces. Do-It-Yourself Resolution of post-divorce problems is regulated by the Marital Settlement Agreement, divorce agreement, which includes both parties' rights and obligations regarding financial and child-related problems. […]

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March 22, 2017
Things to Consider When Hiring a Divorce Attorney

Getting a divorce is a demanding, emotional decision for the majority of couples. The process can not be more difficult if each of the divorcing spouses has trust in their own attorney. Most divorcing couples locate an attorney from a attorney whom they already understand, or from a lawyer referral service like that offered by […]

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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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