Posted on May 23, 2025 in Divorce

The discovery phase of the divorce process entails the exchange of important information. Most of the information is financial and related to the property division element of divorce. Illinois law requires both spouses to fully disclose financial information during divorce proceedings to ensure the fair and equitable distribution of assets and debts. Consider some basic elements of the discovery process, and talk to a knowledgeable Will County, IL divorce attorney about how it applies to your case.

Is Discovery a Court-Ordered Process in Illinois?

If your divorce is contested, meaning that you and your spouse cannot agree on the main elements of divorce, the court will order discovery. The main elements of divorce include the division of property, the distribution of debt, spousal maintenance, and the allocation of parental responsibilities. In an uncontested divorce where you both agree on the terms, discovery can be voluntary, but this only happens when you can trust each other not to hide assets or intentionally withhold relevant information. Court-ordered discovery is much more formal.

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 Posted on May 14, 2025 in Collaborative Law

In Illinois, there is more than one way to divorce, and some options are better suited for couples depending on their situation. Collaborative divorce, as the name implies, takes much of the fight out of the divorce process. Consider some key differences between collaborative and traditional divorces. If you have questions about which option could be right for you, a Will County, IL divorce attorney can help you by assessing your situation and the legal options that would best serve you and your spouse.

What Is a Collaborative Divorce?

When you think of divorce, the litigation process is likely what comes to mind. Fighting it out in a courtroom is not the only option. With collaborative divorce, you typically settle all elements, including property division, spousal support, and the allocation of parental responsibilities, through mediation and negotiation. You would both have to willingly participate in the divorce process, and the attorneys representing each of you will work together to help you resolve the key components and come to a divorce agreement. 

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 Posted on May 06, 2025 in Divorce

Many people are unaware that there is more than one way to go about getting a divorce in Illinois. Sometimes, you can resolve disputes and reach an agreement without ever entering a courtroom. However, more often than not, divorce litigation is necessary, and this can be a complicated process. If you are facing a contested or complex divorce, learning more about the litigation process is important, and a Will County, IL divorce litigation attorney can help.

What Are the Types of Divorce Litigation in Illinois?

The broad definition of divorce litigation is that it is a process used to resolve disputes between the divorcing parties and is governed by state statutes. These laws cover every aspect of the divorce process, from the allocation of parental responsibilities to the division of property. In general, there are three main types of divorce litigation:

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 Posted on April 29, 2025 in Divorce

For many parents, the hardest part of divorce is worrying about how it will affect their children. Kids may not understand why their family structure is changing, and they often experience a wide range of emotions, from sadness and confusion to fear and anger. Fortunately, there are many concrete steps parents can take to reduce the emotional impact of divorce and help their children adjust in healthy ways.

At the Law Office of Ronald L. Hendrix, P.C., our Will County, IL divorce and child custody lawyer understands these concerns and works with parents to proactively protect kids during divorce. Call our firm today to learn more.

Four Strategies for Protecting Your Kids During Divorce

Every family is different, as is every child. That being said, children more or less have the same developmental needs: Stability, love, boundaries, and support. Here are some ways to provide those to your children during divorce.

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 Posted on April 23, 2025 in Property Division

For many people, the family home is more than just real estate — it represents belonging and stability and houses many nostalgic memories. If you are going through a divorce and hope to keep your home, you are not alone. Whether this is possible depends on several legal and financial factors, including how Illinois courts handle the division of marital property.

An experienced Illinois divorce attorney at Law Office of Ronald L. Hendrix, P.C. can help you understand your rights, evaluate your financial position, and advocate for a property division agreement that protects your interests.

Is the Home Considered Marital Property?

The first step in determining whether you can keep the home is establishing whether it is marital property. In Illinois, marital property includes most assets acquired during the marriage — regardless of whose name is on the title or mortgage. This means that even if the home is in your name alone, it may still be subject to division if it was purchased during the marriage.

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 Posted on April 14, 2025 in Child Custody

One of the most important decisions to make when separating or getting a divorce with minor children is the allocation of parental responsibilities (previously known as custody). This means deciding which parent will have significant decision-making obligations and how parents will divide parenting time (formerly known as physical custody or visitation). As you navigate custody negotiations, an experienced Illinois child custody lawyer can help you understand the laws that apply to allocating parental responsibilities, working with you to make choices that serve your child’s best interests.

What Are the Decision-Making Obligations?

Decision-making responsibilities specifically refer to the following in Illinois:

• Healthcare choices, such as doctors, treatments, and medication

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 Posted on March 21, 2025 in Spousal Maintenance

Since spousal support – also known as alimony or spousal maintenance – is typically a controversial issue during a divorce, if the receiving spouse asks for an increase or the paying spouse asks that the amount be decreased later on, the issue can get even more contentious. Unless an Illinois divorce order states that the awarded spousal support is non-modifiable, there are circumstances under which it can be later modified.

The modification of spousal support is covered under 750 ILCS 5/510. If your ex is asking for an increase in support or you, as the paying spouse, need to request that the amount be lowered, it is time to speak to an experienced Will County, IL family law attorney.  

What if the Paying Spouse Wants to Reduce Spousal Support?

Whether an individual is asking for spousal support to be increased, reduced, or terminated, there must be a "substantial change in circumstances" for a judge to consider a modification. Most spousal support awards have a set period of time. When this time is up – or if the receiving spouse marries, cohabitates, or dies or the paying spouse dies – then the order would likely end.

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 Posted on March 12, 2025 in Child Support

Suppose that soon after your divorce, your ex-spouse remarries and then moves several states away. Although you have done everything in your power to facilitate visitation with the two children you share, he has shown little interest in seeing them. Recently, he has also stopped paying child support.

When you attempt to talk to him about the missed payments, he becomes very defensive, saying he is not responsible for child support since he never sees the children. Additionally, he and his new wife now have two children of their own, which he also uses as an excuse to stop paying child support for your children.

Divorced parents have many issues that complicate their lives, and child support is one of those issues. Many parents who are responsible for paying child support are surprised to find that there is no correlation between whether a parent exercises his or her parenting time and child support. The courts presume that, barring any unusual situations, children are better off spending time with both parents.

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 Posted on February 26, 2025 in Child Custody

Under Senate Bill 3207, Illinois daycare centers are now allowed to operate for 24 hours and provide care for a child for up to 12 hours. This can significantly benefit parents whose jobs require shift work. A study done years ago (2007) in Illinois found that 42 percent of parents across the state work non-traditional hours. It is likely that this percentage is still true today, making flexible daycare essential.

In families where one or both parents work non-traditional hours, they usually find solutions to childcare. These solutions can include different work shifts for the parents, paid daycare facilities, or family members who can help them manage their work hours and children. What may have been manageable when a couple worked together to make it manageable can be much less so after a divorce when making a parenting plan.

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 Posted on February 21, 2025 in Child Custody

Even under the best circumstances, determining child custody (the "allocation of parental responsibilities" in Illinois) can be difficult at best. If one parent has a criminal history, that may make the determination of parental responsibilities even more complex. A spouse who did not care about the other’s criminal history when they met may now try to use that history as a means of preventing the other parent from spending much time with the couple’s child.

Illinois courts care about the child’s best interests rather than penalizing a parent with a criminal record. This means that while a criminal history may be one factor the court will consider, it is far from the only factor, and it may not even be the most important factor. If you have a criminal record and want to know how it will affect the determination of parental responsibilities and parenting time, it is time to speak to a knowledgeable Will County, IL family law attorney.

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