Blog

Can Grandparents Get Visitation Rights in Illinois?

2026-04-21 00:00:00

Grandparents hold a special place in their grandchildren's lives. Their presence offers love, support, and guidance, which helps to create a strong family bond. However, when family relationships become strained, grandparents may find themselves unable to see their grandchildren. This can be very painful, especially if a child has lost a parent or if a divorce or separation has caused family divisions.

In Illinois, grandparents have the right to ask for visitation with their grandchildren, but the law does not guarantee that visitation will be granted. Grandparents must first prove to the court that visitation is in the child’s best interests.

Speaking with an Illinois family law attorney about grandparents’ rights is a great step toward handling your concerns.

What Conditions Must Be Met Before a Grandparent Can Seek Visitation in Illinois?

Grandparent visitation rights are dictated by Illinois law, which says that a grandparent can ask for visitation only under specific circumstances. The law prioritizes parental rights and assumes that a typical parent's decision to deny grandparents visitation would be in the best interests of the child. However, a grandparent may ask for visitation if they can prove that the child would suffer serious harm if visitation were denied.

6 Common Reasons for Gray Divorce in Illinois

2026-04-02 00:00:00

While divorce rates are falling for younger generations, one group is bucking that trend: couples over 50. Gray divorce, the term for divorce among people 50 and older, has surged in recent decades. These cases are often complex because of the large amounts of assets, property, and debt that couples build up over many years together.

If you are considering ending a long-term marriage in Illinois in 2026, a Wheaton divorce attorney can help you understand your rights and protect your financial future.

How Common Is Gray Divorce?

According to research published in The Journals of Gerontology, about 36 percent of people who divorced in the United States in 2019 were age 50 or older. That was up from fewer than 1 in 10 in 1990. Research also shows that the divorce rate for adults aged 65 and older has roughly tripled since the 1990s.

Court Order Enforcement in Illinois

2026-03-31 00:57:49

If you have a divorce decree, parenting plan agreement, or spousal or child support order in place, it can be incredibly frustrating – even infuriating – when your former spouse or partner does not live up to his or her part in the agreement or court order.

If your former spouse is ignoring a court order in 2026, you are not out of options. Illinois law gives you real tools for post-decree enforcement, and a Wheaton family law attorney can help you put those tools to use. It is tempting to fight back on your own, but that can make your situation significantly worse. The right move is to go back to court and let the process work for you.

Are Illinois Divorce Court Orders Actually Enforceable?

Once your divorce or custody case is final, the court order is legally binding on both parties. Neither side can unilaterally change or ignore what the order requires, even if they believe they have a reasonable justification. Any modification must be formally approved by a judge before it takes effect.

The Rights of Sperm Donors and Surrogates

2026-03-26 14:18:48

Not everyone can get pregnant naturally. If that is your situation, you may be thinking about surrogacy or sperm donation. These are both valid ways to build a family. But you need to know that sperm donors and surrogate mothers have legal rights in Illinois. If you do not set up the right agreements before the baby is born, things can go wrong.

Illinois also updated its surrogacy laws in December 2025 so if you explored this topic before, then some of that information is now out of date. A Wheaton family law attorney can explain what the law says in 2026 and how it affects your plans.

Does a Sperm Donor Have Parental Rights in Illinois?

The Illinois Parentage Act of 2015 (750 ILCS 46/702) says that an anonymous sperm donor is not a legal parent. That means he has no parental rights and does not owe child support. This rule applies when a child is conceived through assisted reproduction, which Illinois law defines broadly. Even so, it is important to have clear written consent and legal guidance before conception. Most anonymous sperm bank donations meet this standard. Sperm banks work with licensed medical professionals, so the process is usually protected.

Dividing Your 401(k) Retirement Plan in an Illinois Divorce

2026-03-20 16:53:06

Nearly all financial parts of a divorce are complicated, but few are as important or as easy to get wrong as dividing retirement accounts. When a 401(k), pension, or other retirement savings is part of the division of assets, you could face steep tax penalties if you do not handle it the right way.

People who pull money from their retirement savings to pay for a divorce often end up in serious financial trouble later. In 2026, many Illinois couples will have a mix of 401(k) plans, government pensions, and investment accounts. Knowing how each type works in a divorce matters more than ever. A Wheaton divorce attorney can help you protect your savings and avoid costly mistakes.

How Does Illinois Law Divide Retirement Accounts in a Divorce?

Under 750 ILCS 5/503, Illinois splits marital property in a way that is fair, but not always 50/50. Money saved in a retirement account during the marriage is usually marital property, even if only one spouse’s name is on the account. Money saved before the marriage may not have to be split, but you will need records to prove it. Figuring out which portion belongs to the marriage and which does not can make a big difference in your final settlement.

What Should Be in Your Illinois Parenting Plan in 2026?

2026-03-16 00:00:00

If you are going through a divorce or separation in Illinois in 2026 and you have children, one of the most important things you will need to create is a parenting plan. A parenting plan is a written document that spells out exactly how you and your co-parent will share time with your child and make decisions about your child’s life.

Courts do not handle these arrangements informally, and a vague agreement almost always leads to conflict later. A Wheaton family law attorney can help you build a parenting plan that works for your family and holds up in court.

Why Does Illinois Require a Parenting Plan?

Illinois law replaced the old term "custody" with two separate ideas: "parental responsibilities," meaning who makes major decisions about the child's life, and "parenting time," meaning when the child is physically with each parent. Both must be included in a parenting plan. Under Illinois law, parents must usually file a proposed parenting plan within 120 days after a petition for parental responsibilities is filed or served, unless the court gives more time.

Hiding Assets in Digital Currencies

2026-03-09 00:03:08

If you are going through a divorce in 2026 and think your spouse may be hiding money in Bitcoin or other digital currencies, you have options. Illinois law requires both spouses to fully report all of their assets, and digital currency is no different. An experienced Wheaton, IL divorce lawyer can help you find hidden assets and fight for a fair outcome.

What Are Digital Currencies, and Why Do Some Spouses Use Them to Hide Assets?

Bitcoin launched in 2009 as a way to send money online without going through a bank. Since then, digital currencies have grown quickly. Today, there are thousands of them, including Ethereum and Monero.

Visitation for Non-Parents in Illinois

2026-03-03 00:39:30

Illinois families look very different today than they did a decade ago. Stepparents help raise children alongside their birth parents. Grandparents step in as the main caretaker when a parent struggles with illness, addiction, or absence. Aunts, uncles, and close family friends often share in a child's daily life, too.

But when family bonds fall apart, many of these same people find themselves cut off from the child. They are often unsure whether they have any legal right to ask a court for help. If that sounds like your situation, an experienced Wheaton family law attorney can explain what Illinois law allows in 2026.

Illinois law does give certain non-parents the right to file a legal request, called a petition, for visitation. But the process is not simple. If you are a stepparent, grandparent, sibling, or other relative who has been cut off from a child you helped raise, you need to know your rights. Learning how Illinois handles these cases is a good first step.

Preparing Financially for an Illinois Divorce

2026-02-28 12:41:47

Deciding to end a marriage is never easy, and the emotional weight of the decision to cut ties can make it hard to think clearly about practical things. But taking steps to prepare financially before your divorce gets underway can be tremendously helpful for your mental state as you go through the divorce process. If you are considering filing for divorce in 2026, a Wheaton family law attorney can help you understand what to expect and how to protect your interests from the start.

Understanding How Illinois Will Divide Property in Your Divorce

Illinois is an "equitable distribution" state. Under 750 ILCS 5/503, marital property (assets and debts acquired during the marriage) is divided between spouses in a way the court considers fair. The court looks at things like each spouse's income, contributions to the marriage, and what each person will need going forward.

Most Common Financial Mistakes Made During Divorce

2026-02-21 00:56:58

Divorce is both a personal and a financial turning point. Unfortunately, many people make financial decisions during divorce that hurt them long after the case is over. But you don’t have to. If you are aware of the common financial pitfalls during and after a divorce, you are much less likely to find yourself dealing with them.

Below are some of the most common mistakes people make with their money during a divorce. Between knowing these and getting professional help from a DuPage County divorce attorney, you can stay financially on track.