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What Is a Domestic Violence Order of Protection in Illinois?

2026-07-20 00:00:00

In Illinois, victims of domestic violence can ask the court for an order of protection. This civil court order can provide important legal protections from an abusive partner or family member.

A Wheaton, IL domestic violence attorney can walk you through your options and help you seek the protection you need in 2026.

What Is an Order of Protection Under Illinois Law?

An order of protection is a civil court order issued under the Illinois Domestic Violence Act of 1986, 750 ILCS 60. This law lets a judge prohibit abuse, restrict contact, order the respondent to stay away, or grant the petitioner exclusive possession of a shared home. Some people call this a restraining order, but in Illinois family law, "order of protection" is the correct legal term.

How Is Paternity Established in Illinois?

2026-06-23 00:00:00

If you and your child's other parent were never married, the law does not automatically recognize paternity, the father-child relationship. In Illinois, unmarried parents must take specific legal steps to establish it.

According to the Centers for Disease Control and Prevention, 40 percent of all U.S. births in 2023 were to unmarried women. That means about 1.4 million U.S. births in 2023 involved unmarried parents, leaving many families with important questions about establishing paternity and each parent's legal rights and responsibilities. Without established paternity, a father has no enforceable right to parenting time, and a mother has no legal basis to seek child support.

A Wheaton, IL paternity attorney can explain your options in 2026 and help you take the right legal steps for your family.

How Is Child Support Calculated in Illinois?

2026-05-24 00:00:00

If you are going through a divorce in 2026 and share children with your spouse, child support is probably one of the first things on your mind. How much will you pay, or receive? How does the court decide?

This is not a niche concern. According to the U.S. Department of Health and Human Services, the national child support program served 12.2 million children in fiscal year 2024, roughly one in six children in the country. That scale reflects just how many families face these same questions.

Illinois law provides a clear framework for calculating child support in most cases, but the details can be surprisingly complicated. A Wheaton, IL child support attorney at Smit Zaruba P.C. can help you understand what to expect.

How Illinois Calculates Child Support Using the Income Shares Model

Illinois uses what is called the income shares model to set child support. Under 750 ILCS 5/505 of the Illinois Marriage and Dissolution of Marriage Act, the court looks at both parents' incomes, not just the paying parent's.

Who Gets What? Understanding Property Division in an Illinois Divorce

2026-04-21 00:00:00

When you file for divorce in Illinois, one of your most pressing questions is probably what happens to your property. Who keeps the house? What about retirement savings? According to the CDC's National Center for Health Statistics, nearly 672,000 divorces were recorded across the United States in 2023, and for most of those couples, figuring out who keeps what is one of the hardest parts. If you have questions in 2026, a Wheaton, IL property division attorney can help you understand what Illinois law requires.

Does Illinois Split Marital Assets 50/50?

Illinois does not automatically split everything in half. Instead, the state follows equitable distribution. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, a court divides marital property in a way that is fair, given the facts of the marriage. Fair does not always mean equal, and the outcome depends on your specific situation.

How Is Child Custody Decided in Illinois in 2026?

2026-03-27 00:00:00

If you are going through a divorce or separation in Illinois and have children, one of the first things on your mind is probably child custody. Illinois no longer uses "custody" as the main legal term in most cases. Instead, the law focuses on parenting time and the allocation of parental responsibilities. What exactly do these terms mean, and how are they handled in difficult custody cases? Our experienced Wheaton child custody attorney explains.

Why Did Illinois Stop Using the Word "Custody"?

In 2016, Illinois updated its family law under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5 and 750 ILCS 5/602.7). The law replaced "custody" and "visitation" with two separate ideas: allocation of parental responsibilities and parenting time. This was not just a name change. The new framework gives courts better tools to divide parenting roles in a way that fits each family, rather than forcing every situation into a winner-take-all arrangement.