1725 S Naperville Rd, Suite 201, Wheaton, IL 60189
630-480-7600 1725 S Naperville Rd, Suite 201, Wheaton, IL 60189 630-480-7600Recent Blog Posts
Who Gets What? Understanding Property Division in an Illinois Divorce
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?
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.
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© 2026, Smit Zaruba P.C. 630-480-7600 1725 S Naperville Rd, Suite 201, Wheaton, IL 60189
From our office in Wheaton, Smit Zaruba P.C. represents clients throughout DuPage County, Cook County, Lake County, Kane County, Will County, Kendall County, and the greater Chicago suburbs, including the communities of Addison, Batavia, Carol Stream, Downers Grove, Elgin, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Lisle, Lombard, Naperville, Oak Brook, St. Charles, Villa Park, Warrenville, West Chicago, and Winfield.
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