Posted on June 20, 2025 in Property Division

There are currently 42.7 million borrowers with federal loan debt, with an outstanding federal loan balance of $1.693 trillion. Only about 7.79 percent of all student loan debt is private, while 92.2 percent is federal. The average federal student loan balance is $38,375, and approximately 5 percent of all federal student loans were in default as of the end of 2024.

As you might imagine, student loan debt can become a major issue during a divorce. As assets and debts are being divided up, being awarded significant levels of student loan debt can be devastating. For this reason, many spouses going through a divorce are worried that their spouse’s student loan debt could become their own.

The state of Illinois operates under equitable distribution laws rather than community property laws regarding the division of marital assets and debts. Under community property laws, assets and debts are divided 50/50, regardless of which spouse earned the majority of the money or which spouse is responsible for marital debts, although student loan debt can be an exception under some circumstances.

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 Posted on June 12, 2025 in Child Custody

More than one million children across the United States will be forced to deal with the divorce of their parents each year. Many of these children will be younger than six when their parents divorce. Following a divorce, the entire family must adjust to the changes that occur. Some children will move from their homes, which can result in new schools and leaving their friends.

They may also move away from extended family members, such as grandparents, and other trusted and loved people in their lives. Children are usually less equipped than adults to deal with the many changes that result from divorce. Furthermore, children have no control over divorce or any of the other changes that occur. Parents will be determining the allocation of parental responsibilities and parenting time, which are additional things children have no control over.  

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 Posted on May 30, 2025 in Divorce

The primary concern for divorcing parents is often how their children will react to the divorce. That reaction is dependent on many different factors, including the age of the children and the reasons for divorce. Because divorce can be so hard on children, many couples put off divorcing until the children have all graduated and are out on their own. But what about adult children of divorce?

We assume, because they are adults, that they can handle their parents’ divorce, but this is not always the case. In fact, adult children can face many challenges when their parents divorce, even though these challenges are certainly different from those of a six-year-old or a fifteen-year-old. Adult children can experience a profound psychological reassessment of self-identity and family memories when their parents divorce later in life.

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 Posted on May 15, 2025 in Child Custody

Custody X Change, an app for visitation and parenting plans, did a nationwide study regarding which parent in each state was more likely to be awarded more visitation time. The state of Illinois ranked 47th for the amount of time fathers received, with an average of 23.1 percent. This equals approximately 83 days per year. Unfortunately, the study did not go in-depth regarding why fathers in Illinois appeared to receive less time with their children than mothers.

In Illinois, visitation is now called "parenting time," and custody decisions are known as the "allocation of parental responsibilities." Regardless of what it is called, courts typically assume that spending quality time with each parent is in the child’s best interests as long as this poses no risk to the child’s safety and well-being. However, there are also situations in which the courts may place conditions on parenting time, such as requiring a parent to abstain from drugs or alcohol prior to and during parenting time.

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 Posted on May 07, 2025 in Property Division

Foreclosures are on the rise in Illinois, ranking the state as the ninth highest for home foreclosures. This translates to one out of every 3,753 homeowners facing foreclosure of their homes. This unfortunate trend shows little signs of slowing or reversing.

Foreclosure by itself is a difficult process for a couple to weather. A couple who is in the middle of a divorce when served with a foreclosure notification can see the difficulties compound rapidly, especially when both spouses are not on the same page regarding how to deal with the foreclosure.

There is much information to disseminate and several options to discuss. If you and your spouse are divorcing and are now facing the foreclosure of your marital home, it can be extremely beneficial to discuss the situation with an experienced Oswego, IL divorce lawyer.  

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 Posted on April 28, 2025 in Child Custody

Divorce can place an emotional strain on parents and children. Teenage children may act out in response to the divorce, or, in some cases, a troubled teen may have contributed to the divorce, and then his or her behaviors worsen during the divorce. In a worst-case scenario, a troubled teen can even become involved in dangerous or criminal activities.

When parents are locked in a battle over the division of marital assets, the allocation of parental responsibilities, and child support and spousal support determinations, having a teenager acting out can make the divorce process much more difficult. When it feels as though your life is crumbling around you, dealing with a troubled teen can push you to the edge.

Should you find yourself in this position, it is important to speak to a knowledgeable Batavia, IL family law attorney who can also help you deal with your teen, making the divorce process less stressful for all those involved. Attorney Williams has experience with troubled youth that can help you ensure your teenage son or daughter is getting what they need during and after the divorce.  

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 Posted on April 17, 2025 in Divorce

One source cited addiction as the third most common reason for divorce among women and the eighth most common reason for men in 2022. At least 3 percent of all marriages end in divorce because of one or both spouses’ substance use disorder. More spouses (6-7 percent) cite substance use as a "motivating factor" for divorce, and six million people across the United States are in a marriage where one spouse is battling addiction.   

Addiction can put a strain on even the most stable marriage, damaging trust between the spouses and, in some cases, resulting in drug addiction asset dissipation, which can destroy the financial stability of a couple. Drug and alcohol addiction – unlike other issues, which are more likely to be seen as either "right" or "wrong" – is a very gray area. Since more than 63 percent of all adult Americans say they drink alcohol, it can be difficult to judge drinking as wrong.

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 Posted on April 07, 2025 in Child Custody

Far too often, children are dragged into a couple’s contentious divorce. One parent may even "coach" a child into saying something untrue about the other parent to get a better divorce settlement or custody agreement. This is sometimes known as "malicious coaching" and can also fall under parental alienation. Not only can malicious coaching destroy the relationship between the child and the falsely accused parent, but it can also teach children to be dishonest and manipulative.

When malicious coaching occurs, the child's feelings of love for both parents can be harmed. If you believe your child is being maliciously coached by his or her other parent, it is essential that you relay your concerns to your St. Charles, IL, child custody lawyer. Manipulation of a child is never okay, and your attorney will know how to bring the issue to light in the best way possible.

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 Posted on March 29, 2025 in Divorce

According to the American Psychological Association, between 20 and 40 percent of all divorces are caused by infidelity. That being said, while the discovery of an affair can be the catalyst that sets a divorce in motion, in most cases, there were other issues in the marriage prior to the affair. Marital problems that are not addressed can lead an unhappy spouse to turn to someone outside the marriage.

Approximately 40 percent of spouses who have ever cheated are separated or divorced, while only about 17 percent of those who have not cheated are separated or divorced. Overall, women are less likely than men to ask for a divorce when they find out their spouse has cheated. Infidelity in a marriage can obviously cause a lack of trust between spouses and may even be the primary reason for divorce. The ways that a cheating spouse impacts a divorce can be more subtle but do exist.

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 Posted on March 21, 2025 in Property Division

Although we more often hear about adultery and betrayal surrounding the end of a marriage, financial betrayal can also trigger a divorce. When there is extreme financial malfeasance from one spouse, the other spouse may be left with significantly fewer assets to depend on in the future. Although Illinois is a no-fault divorce state, it does recognize financial betrayal and dissipation of marital assets. Proving dissipation in divorce can be an uphill battle, best addressed by an experienced Oswego, IL family law attorney.

What Is Dissipation of Marital Assets?

Dissipation of marital assets is generally defined as one spouse’s use of marital assets for his or her sole benefit and for a purpose that is unrelated to the marriage during a time when the couple’s marriage breaks down. There are many different forms of misconduct that can contribute to the dissipation of marital assets, even "loaning" family members large amounts of money, with the intent of having them give the money back to the loaning spouse after the divorce is final.

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