Robert A. Chapski, Ltd.Robert A. Chapski, Ltd.2026-09-22T15:58:30Zhttps://www.chapskilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1300217/2020/03/cropped-RobertAChapski_FAVICON_512x512_MAR20-32x32.jpgOn Behalf of Robert A. Chapski, Ltd.<![CDATA[What happens when one spouse doesn’t want the divorce?]]>https://www.chapskilaw.com/?p=484662026-09-22T15:58:30Z2026-09-22T15:58:30ZDivorce is a major decision that can affect nearly every single part of a person’s life. It is not unusual for spouses to have very different feelings about whether the marriage should end, especially when one spouse is ready to move forward while the other hopes to stay together.
When one spouse wants to move forward with a divorce and the other does not, the situation can become more complicated. However, disagreement about the divorce does not necessarily mean the process has to halt.
Moving forward when a spouse disagrees
Illinois is a no-fault divorce state, meaning a spouse does not have to prove that the other spouse did something wrong to obtain a divorce. Instead, the law provides for dissolution when irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation efforts have failed or would not be practical or in the family's best interests. Either spouse can initiate the divorce proceeding. A spouse who does not want the divorce may refuse to participate in the legal process, but refusing to cooperate does not necessarily allow them to stop the case. For example, refusing to sign divorce papers does not automatically prevent a divorce from moving forward. When one spouse attempts to delay or obstruct the divorce, the process can become more complicated. However, court procedures can provide a way to address unresolved issues and move the case forward even when the other spouse is unwilling to cooperate. Understanding the available options can be particularly important when the refusal to divorce is part of a pattern of controlling behavior. If you are ready to end your marriage but your spouse is refusing to cooperate, speaking with an experienced divorce law professional can help you understand your rights and the steps available to move forward. ]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Can you change the locks during your divorce?]]>https://www.chapskilaw.com/?p=484632026-09-16T13:58:24Z2026-09-16T13:58:24ZWhen you’re done – you’re done. Your marriage is over, and you just want space so that you can heal and start getting your life back on track. You’ve told your spouse that you want them to leave the family home, and you have a locksmith on speed dial.
Unfortunately, you may need to hold off for a while. You generally cannot throw your spouse out of the house and change the locks on the marital home simply because you’re filing for divorce until you have a firm agreement with your spouse or a judge’s order.
Asking for temporary orders can resolve the issue
Essentially, you and your spouse share the rights to the marital home. If your spouse refuses to leave when you ask them to, you cannot force them out by changing the locks when they’re not home. That’s an illegal eviction, and that could be problematic for you when the judge in your case finds out.If your spouse agrees to leave or has left, you still need to treat the situation as if they are simply temporarily away. They may expect to come and go fairly freely, especially if the majority of their personal possessions are still in the home. So, what’s the solution? You can also negotiate directly with your spouse. If your spouse is willing, a signed, notarized agreement that discusses all the particulars can be sufficient. You can ask the court for relief. Illinois courts can grant one spouse exclusive possession of the marital residence while a divorce is in process, along with other temporary orders that can address issues of support, custody of the children and more. These orders do not necessarily reflect the final disposition of the marital home, but can stabilize the situation. This may be the best route if you and your spouse cannot come to an agreement on your own.If you’re in the initial stages of a divorce, speaking with a skilled divorce attorney can help you sort through all of the questions that come with the process.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[What makes a divorce case complex in Illinois?]]>https://www.chapskilaw.com/?p=484622026-09-11T15:27:26Z2026-09-11T15:27:26ZEvery divorce feels hard, but some cases carry more weight than others. In Illinois, certain factors turn a fairly simple split into a long and tangled process. Understanding what makes a case complex can help you know what lies ahead and why it may take longer than you expect.
When custody and finances collide
Many couples handle custody and money as separate issues, but complex cases often tangle the two together. Parents may fight over parenting time while also arguing about child support, spousal maintenance or property division at the same time. When these issues overlap, courts must weigh each parent's finances alongside their caregiving role, since one often affects the other. This mix takes more time, more documentation and more negotiation than a straightforward custody or asset case alone, and it can stretch a case out for months.
When allegations enter the picture
Sometimes one spouse raises claims of misconduct or abuse during the divorce. These allegations do not affect how courts divide marital assets, as Illinois is a pure no-fault state that explicitly prohibits considering marital misconduct in property division; however, they significantly impact how courts structure parenting time, decision-making responsibilities and protective orders.Illinois courts take these claims seriously and often require investigations, hearings or protective orders before they resolve other parts of the case. This extra layer slows the process, adds more court dates and raises the stakes for everyone involved, including any children caught in the middle.
Business ownership and the road to resolution
High-net-worth couples or business owners face a different kind of complexity. Courts must value the business, trace assets and sometimes bring in forensic accountants to sort out what belongs to whom. These cases often turn into litigation instead of settlement, since more money and more property sit on the table and neither side wants to give up ground. Still, some couples with significant assets manage to settle through negotiation or mediation rather than a courtroom battle, especially when both sides want to keep costs and stress down.Complex cases like these involve many moving parts, and it helps to have someone who understands how Illinois courts handle each layer. A knowledgeable guide can ease the weight of the process and help you make clearer decisions along the way, so you don't have to sort through it all on your own.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Making the most of supervised parenting time]]>https://www.chapskilaw.com/?p=484612026-08-28T13:31:48Z2026-08-28T13:31:48ZSupervised parenting time can feel frustrating, uncomfortable or even unfair to a parent who wants an ordinary relationship with their child. However, it is important for a parent subject to such restrictions to focus primarily on what their approach can do to better their situation, not worsen it.
Whether supervision was ordered because of safety concerns, a long separation, substance-related allegations or another issue, how a parent approaches these visits can be consequential. Instead of treating supervision as an obstacle, considering each visit as an opportunity to strengthen the parent-child relationship can be valuable and lead to more favorable parenting conditions down the road.
Key considerations
If you are subject to a supervised parenting time order, start by understanding the rules by which you are bound. Supervised parenting arrangements may specify where visits occur, who may supervise them and what conduct is prohibited. Follow these requirements carefully, even when you disagree with them. Violating restrictions, arriving late or arguing with a supervisor can escalate your situation. Keep the focus on your child during visits. Depending on the child's age, bring a book, game, craft or another activity you can enjoy together. Ask about school, friends and interests. Avoid using parenting time to discuss any pending custody concerns. Children should not be questioned about the other parent's household, asked to carry messages or exposed to complaints about the divorce or custody dispute. Even if your child raises the subject, try to respond in an age-appropriate way without criticizing your co-parent.Attend every scheduled visit whenever possible and arrive prepared. If circumstances prevent attendance, follow the required procedures for providing notice. A dependable pattern can help rebuild trust with your child while demonstrating your commitment to parenting responsibilities.Most importantly, remember that your child may have complicated feelings about supervised visits too. Patience, warmth and predictability can make the experience more comfortable.If you have questions or concerns, know that an experienced legal team can explain your responsibilities under a supervised parenting arrangement and, when appropriate, help you pursue modifications that move toward less restrictive parenting time while continuing to protect your child's best interests.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Can your spouse make you pay their divorce attorney fees?]]>https://www.chapskilaw.com/?p=484592026-08-16T15:35:14Z2026-08-16T15:35:14ZDivorce is expensive, and the worry grows when you fear the bills could climb higher because of your spouse's lawyer. Many people going through a split in Kane County wonder whether a judge can order them to cover the other side's legal costs. The answer turns on your finances, your spouse's finances and how each of you behaves. Knowing how Illinois handles these decisions can help you plan ahead.
Responsibility for attorney fees in an Illinois divorce
As a general rule, each spouse pays for their own attorney, and Illinois does not automatically shift one person's bills onto the other. Yet that is not the whole story. A judge can order one spouse to contribute toward the other's fees after weighing what each person earns and owns.This keeps financial control alone from deciding who gets strong representation while the divorce process unfolds. Whether a court steps in depends on your circumstances, not a fixed formula.
Financial disparity behind interim fee awards
One common tool is an award of interim attorney's fees. These are fees one spouse pays the other while the case is open, before any final judgment. They matter most when one spouse earns far more or controls the accounts, leaving the other unable to afford a lawyer.To level the field, a judge can order the higher earner to advance money under state law governing interim fee requests. Courts resolve these quickly from sworn financial affidavits, not a full trial. Even then, an award is not automatic, because the judge must find that one spouse can pay while the other cannot.
Litigation conduct that can shift attorney fees
Money is not the only reason a court might reassign fees. How a spouse behaves during the case matters too. When a spouse drives up costs on purpose by filing pointless motions, stonewalling discovery or using the case to harass, a judge can make that person pay for the trouble caused.Here financial need takes a back seat, and the improper conduct becomes the deciding factor. The state's fee-shifting rules let a court move costs onto a spouse who litigates in bad faith, even one with less money. A misleading financial affidavit can trigger similar penalties.
Process for requesting attorney fee contribution
Getting help with fees requires a formal request: a petition backed by a financial affidavit listing your income, assets and expenses. Interim requests move on a fast, summary track, so a spouse can keep counsel while the case moves forward.A separate request, called a contribution, settles the final split of fees near the end of the case and tracks how the court divides marital property. Detailed records of your finances and legal bills strengthen either request.
Planning for legal costs while divorce is pending
Legal costs rank among the heaviest worries in any divorce, yet they need not catch you off guard. Illinois gives judges room to balance the burden, so one spouse's financial edge does not dictate the outcome.Begin by gathering recent pay records, tax returns and account statements, since a clear financial picture drives every fee decision. From there, a family law attorney can help you weigh whether an interim or contribution request suits your situation.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Divorce is tied to job loss and job changes]]>https://www.chapskilaw.com/?p=484582026-08-10T16:56:53Z2026-08-10T16:56:53ZWhen someone’s employment status changes, it can also affect their marital relationship. In some cases, it can increase the odds that they will get divorced.
For instance, some studies have found a link between job loss and divorce. When a person is laid off or fired, or when their place of business closes, the odds of divorce increase.In some cases, the issue is the added financial pressure this puts on a couple. Financial stress can strain their romantic relationship and cause them to eventually get divorced. In other cases, the issue is that one person may struggle to hold down a consistent job, so there is a pattern of behavior where they consistently lose their job, and their spouse finally decides to move on.
An increased commute
Similarly, even changing to a new job can put strain on the relationship. Some studies find that the odds of divorce jump by 40% when someone takes a job where they have a commute that is over 45 minutes long.But this is generally true when it is a relatively recent change. When couples have been dealing with a long commute for five years or more, there is not nearly as much impact on their divorce odds. But when it is a recent change where someone is suddenly spending far more time at work than they are at home, that can lead to the end of their marriage.It is important to consider the links between employment and divorce, as these red flags could indicate that a divorce is coming in the future. Couples in this position need to know what legal steps to take as they prepare.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Will a late-in-life divorce affect your retirement?]]>https://www.chapskilaw.com/?p=484572026-07-28T12:41:12Z2026-07-28T12:41:12ZA late-in-life divorce often affects couples in their 60s. For instance, gray divorce has become more common, and the divorce rate has tripled for couples over 65. But for couples over 45 in general, the rate has also been increasing, although not as dramatically.This certainly can affect a couple’s retirement plans. They may have spent decades saving for retirement together. One spouse may have been anticipating using retirement benefits that were earned by their partner. Their retirement plans are set, and it feels like it is right around the corner. A divorce can call all of this planning into question. If it happens relatively late in life, when a couple is already in their 60s, there may be no time to independently save or plan for retirement. But there are still steps couples can take to protect the assets they need.
Using a qualified domestic relations order
For instance, when it comes to retirement accounts and retirement benefits provided by an employer, these often count as marital assets. Like income and other earnings, the benefits are being earned through that person’s employment.As such, the portion of those benefits earned during the marriage may need to be divided between the couple, even though only one person is technically earning them as part of the benefits package at their job. The division can be handled by a qualified domestic relations order during the divorce, specifying what percentage of those future benefits will need to go to their ex-spouse once they do retire.There are many financial concerns that come along with divorce, especially a gray divorce. It is critical that couples understand exactly what legal steps to take.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[4 tips for telling kids about divorce]]>https://www.chapskilaw.com/?p=484562026-07-21T19:44:00Z2026-07-21T19:44:00ZIt is important to carefully consider how you talk to your children about divorce. The way this conversation occurs can really impact how they take the news, how they react to it and how they adjust to the changes in their lives.
To some degree, every case is different. You need to consider the specifics of your own family dynamics and what your children need. But here are four tips that may help.
Talk to all the children at once
For parents with multiple children, remember that this should be a family conversation. All of the children should find out together, rather than talking to them one at a time and risking someone finding out about the divorce from another party.
Avoid stressful situations
When deciding when to break the news, try to avoid any other obligations or things that may cause the children stress. Examples include holidays, birthdays, graduations or even exams at school.
Let them ask questions
Remember that your children will probably have questions about why the divorce is happening or what life will look like after it concludes. Make sure that this conversation goes both ways and that they have a chance to ask questions and get answers.
Present a united front as parents
Ideally, you should avoid blaming your spouse for the divorce, at least in front of the children. Instead, try to be united in the fact that you both care about the children and demonstrate to them that both of you will still be involved in their lives.As you go through the divorce, you may have many questions about your child custody rights and related issues, and it may help to work with an experienced family law attorney.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[When can you request a child support modification in Illinois?]]>https://www.chapskilaw.com/?p=484552026-07-21T05:24:06Z2026-07-21T05:24:06ZWhat counts as a substantial change?
An Illinois court generally requires the parent requesting a modification to prove a substantial change in circumstances. The judge applies this standard by comparing the facts behind the current order with the conditions that exist today.
There is no fixed percentage for proving a substantial change. Instead, the court considers the nature, extent and likely duration of the change, so a modest raise or temporary increase in expenses may not justify a new amount.
Which events may justify a modification?
Several developments may support a request to recalculate new child support order, including:
A lasting rise or drop in either parent’s income, such as a job loss or promotion
A meaningful shift in parenting time between the two households
New medical, educational or child care expenses for the child
A serious illness or disability that limits a parent’s ability to work
Parents receiving child support enforcement services through the Illinois Department of Healthcare and Family Services may also request a review every three years without proving a substantial change. Under this route, the guideline amount must differ from the existing order by at least 20%, but no less than $10 per month. The rule does not apply when the existing order reflects a deviation and the circumstances behind that deviation remain unchanged.
What evidence do courts consider?
If you request a change, you must prepare and provide documents to demonstrate what happened and how it affected your finances or your child’s needs. These can include:
Recent pay stubs, tax returns and W-2 forms for both parents
A completed financial affidavit listing income, expenses, assets and debts
Termination letters, unemployment records and proof of a search for replacement work
Medical records and bills that document a new health condition
These records help the judge decide whether the shift is substantial and likely to last. After a job loss, applications, interview logs and training documents can show that you are making reasonable efforts to find comparable work.
How can you proceed?
You can begin by submitting a Motion to Modify to the circuit court that entered the existing order and providing proper notice to the other party. At the hearing, each side presents updated financial disclosures and documents supporting the requested adjustment.
The judge generally can revise only installments due after notice of the motion. Amounts that accrued before that point remain unchanged, even if your circumstances shifted months earlier.
While the case is pending, you remain responsible for the previously approved payment. An informal arrangement, including one in writing, does not alter that obligation without judicial approval, and any shortfall may become past-due support.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[How long do you have to respond to a divorce in Illinois?]]>https://www.chapskilaw.com/?p=484502026-07-06T14:19:13Z2026-07-06T14:19:13ZIf your spouse files for divorce in Illinois, you typically have 30 days to respond. You need to file an Entry of Appearance form. At the same time, you must either pay the filing fee associated with the form or apply for a fee waiver.In some cases, couples already agree on all the issues, such as the division of property or child custody. They can request a hearing where they explain the terms of the agreement to the judge and request that the divorce be granted. In other cases, couples are not on the same page regarding key issues like custody rights, so they need to set up an initial hearing, move through the court process, and have a judge make a decision on their behalf.Whether you and your spouse already agree on the terms or not, however, you have a 30-day deadline that must be met.
What if you miss the deadline?
If you miss the deadline and do not file the appropriate response within 30 days, your spouse can request a default judgment. This means the judge can enter a default divorce, granting the dissolution of the marriage even without your input. Ignoring the divorce petition can delay the process, but it certainly does not make the divorce impossible.However, if you do this, you will lose your chance to be involved in important decisions regarding the terms of the divorce. It is generally best to respond promptly and begin looking into your legal options.
Moving through a divorce case
Many couples are going through a divorce for the first time, so they do not know exactly what the process entails, and it can feel overwhelming. If you are in this position, it can help to work with an experienced Illinois divorce attorney.
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