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Wheaton Family Law Attorney
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wheaton divorce lawyerWith any divorce, emotions can run very high. In some cases, a spouse may flat-out refuse to sign any papers related to the divorce. This may come from their belief that refusing to sign will result in the matter being put to rest. However, this is not the case. In Illinois, there are solutions if your spouse refuses to sign divorce papers. In any event, contact an experienced divorce attorney right away to discuss your legal options. 

What to Do if Your Spouse Refuses to Have Any Part in the Divorce Process

It is essential to be aware that in Illinois, you can file a petition for the dissolution of your marriage, even in cases where your spouse refuses to consent or sign any papers. Once you have filed the petition, your spouse will be served and will then be able to file an answer to your petition. Your spouse will need to respond to the petition within 30 days. If they fail to meet the 30-day deadline, you will be able to file a motion for default. 

If your spouse continues to refuse, a judge will likely schedule a hearing to hear the reason as to why the reason for the refusal. Here is where things get interesting. In most of these situations, the spouse refusing the divorce usually does not show up to the hearing. In cases where your spouse does not show up, you may be granted a default divorce. At this point, you will be given what you originally asked for in terms of temporary relief in your divorce petition, such as terms for child custody, child support, etc. The court will only listen to reasonable requests from the petitioner regarding what they are asking for in the divorce. For example, suppose the petitioning spouse decides to try and take advantage of their spouse’s refusal to participate and requests $1,000,000 in alimony, thinking that the court will automatically grant their requests. In that case, the request will likely be rejected by the court.


Who Gets the Pet After a Divorce? 

Posted on in Divorce

wheaton divorce lawyerPets are important members of families, and when a marriage ends in divorce, deciding who gets “custody” of the beloved family pet can be a difficult issue for couples to work out. In Illinois, pets are generally treated as property in the context of a divorce. This means that the court will consider the same factors that it would consider when dividing other marital property. However, unlike other properties, pets are often seen as family members, and the court may consider this when making its decision.

In Illinois, all property a part of the marriage, also known as marital property, shall be divided in a manner that is reasonable to both divorcing parties. This means that the court, when deciding how to split marital property, will look at many things, including the length of the marriage, the impact each spouse has had on the marital estate, and the economic circumstances of each spouse. To ensure you understand what your divorce will entail, hire the services of a qualified divorce attorney to understand all matters pertaining to the divorce, including how custody of your pet will likely be decided. 

Here is What You Need to Know About Pets and Illinois Divorce

When it comes to pets, the court may consider factors such as who primarily cares for the pet, who has the financial means to care for the pet, and what the pet’s best interests are. For example, if one spouse has always been the primary caregiver for the pet and has the means to continue to care for the pet after the divorce, the court may be more likely to award the pet to that spouse.


wheaton child support lawyer Child support is essential for ensuring that children are provided for financially after a divorce. Unfortunately, missed payments can wreak havoc on the lives of the parent who is supposed to be receiving the payments, as well as the children involved. If you are a father in Illinois and your ex-wife needs to fulfill her child support obligations, you may feel overwhelmed regarding what you should do. Today, we will discuss the steps you can take as a father in Illinois to enforce your ex-wife’s child support obligations and ensure that your children’s financial needs are met. Contact a child support collection attorney to understand your legal options at this time.

Here is How You Can Enforce Child Support Payments 

If your ex-wife is not fulfilling her child support obligations, you have a couple of legal options for enforcing the order. In Illinois, the Department of Healthcare and Family Services (DCSS) administers child support enforcement programs to collect child support payments. Here are some ways the DCSS can enforce child support payments:

  • Wage garnishment – If your wife is employed, DCSS may require their employer to reduce or withhold a certain amount of their wages until the outstanding child support balance has been recovered.


dupage county famliy law attorneyWhen a couple divorces in Illinois, one of the main issues that often arises is who is responsible for paying for their children’s college education. This can be a contentious issue, especially as college prices continue to soar at obnoxiously quick rates, leaving many families to wonder how they will ever pay such expenses. Several factors come into play as you determine who will pay for college tuition after a divorce. For more assistance on this matter, contact an experienced family law attorney.

What to Know About College Tuition Post-Divorce in Illinois

In Illinois, the obligation to pay for college expenses varies depending on the circumstances. In many cases, the court will require both parents to pay a portion of their child’s college expenses. The child may also be required to contribute. However, the amount each party is expected to contribute will depend on a number of factors, including:

  • The child’s needs – If the child is likely to need significant resources to attend college, such as for tuition, room, and board, the court may order the parents to contribute more


wheaton divorce lawyerWhen a divorce proceeding involves kids, it is essential for parents to make decisions that are in the best interests of the children. One such decision is the relocation of a child after a divorce. Relocation can be a challenging process and can cause disruption in the child’s life. Therefore, it is important to consider various factors before relocating a child after a divorce in Illinois. For legal assistance on this matter, contact an experienced family law attorney to get the relocation process started.

Here is What to Consider When Relocating with Your Child

The first essential consideration is to analyze the existing parenting plan and custody arrangement. When seeing whether court approval will be required for the move, this will depend on the distance of the move and in what county the child currently lives. For instance, if the child lives in one of the collar counties of Chicago, which are Cook, DuPage, Kane, Lake, McHenry, or Will counties, court approval will not be required for a move of 25 miles or less, regardless if the move will be in-state or out-of-state.If the move is 25 miles or more, court approval will be required, regardless of whether the move is in-state or out-of-state. 

If the child currently resides outside of one of the collar counties of Chicago, court approval is not required for a move of 50 miles or less. That said, court approval will always be required even in counties that are not collar counties if you move 25 miles and out-of-state. 

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