Legal Blog

March 22, 2017
Divorce:  Who Gets to Stay in the Family Home?

 Allocation of the Marital Residence If you’re in the midst of a divorce proceeding, you may be wondering who, if anyone will be able to stay in the home.  In Illinois, there are several different factors which determine who will be able to stay in the marital home, and throughout this difficult process it helps to […]

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March 22, 2017
Grounds for Divorce

Divorcing in Illinois When your happily ever after seems to be taking a turn for the worse and divorce seems imminent, it can be an emotionally and physically taxing time.  Therefore, it helps to be aware of the different grounds for divorce, and how they will impact your proceeding.  One of the first steps is to file […]

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March 22, 2017
Divorce and Abuse of Parental Time

What Happens When a Parent Abuses Time with Their Children? Divorce is hard on a family, especially when children are involved.  Furthermore, when one parent abuses the allocated time with his or her children after divorce or separation, repercussions can occur.   If a parent of a child does abuse parenting time, the court may provide an […]

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March 22, 2017
Divorcing in Illinois

Contested vs. Uncontested? In the state of Illinois as any other place, there are certain rules and regulations in regards to divorce.  Furthermore, when one spouse decides he or she wants to end a marriage, it is important to understand the difference between a contested and uncontested divorce and what is involved in both.   Contested Divorce A […]

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March 22, 2017
Divorce: How are Property and Debts Divided?

Marital Property Divorce can be a messy process which can turn your financial and emotional world upside down.  However, there are many steps you can take to ensure your finances are not severely impacted for years to come especially when there is a large amount of marital property at stake.  In the state of Illinois, marital […]

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March 22, 2017
What You Need to Know About Personal Injury

What is a Personal Injury? A personal injury is an injury that happens to a person’s body, regardless of how it happened whether intentional or negligence.  Furthermore, personal injury takes the shape of many forms and it is important to know the basics to help if you or a loved one finds yourself with a potential […]

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March 22, 2017
Amber Heard and Johnny Depp Settle Divorce

Heard Will Donate $7 Million Dollar Settlement to Charity Even celebrities cannot escape the downfall of divorce.  Furthermore, most recently, Amber Heard and Johnny Depp have settled their divorce for more than $7 million.  Sadly, the large settlement of the divorce comes after Heard accused Depp of domestic violence allegations which in turn won her the […]

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March 22, 2017
What is a Living Trust?

Help with Your Estate Planning Although it is typically not a topic many people like to think about, it is important to understand what goes into estate planning.  Furthermore, when you work hard your entire life, you want to make sure your assets are controlled even after you’re gone.  Even for people who live modestly, it […]

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March 22, 2017
Who Pays for Attorney's Fees in a Divorce?

Divorce and Attorney Fees When you’re going through a divorce, it’s important to understand how will pay for the attorney’s fees which can sometimes be a high amount depending on the circumstances.  Likewise, from time to time a court may make one of the divorcing parties pay the majority of the attorney’s fees based on his […]

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March 22, 2017
Handling Divorce with Minor Children

Right to First Refusal During any divorce proceeding that involves minor children, the court will always favor in the best interest of the child.  Such arrangements include awarding either one or both parent’s rights of first refusal to provide child care for the minor children.   Likewise, right to first refusal means that if either parent intends […]

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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.

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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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