Frequently Asked Questions

Q:

What happens to my business if I get divorced in Illinois?

A:

A business interest may be marital, non-marital, or subject to tracing or reimbursement claims. The outcome depends on ownership, timing, records, valuation evidence, and the marital estate.

A business interest may be marital, non-marital, or subject to tracing or reimbursement claims. The outcome depends on ownership, timing, records, valuation evidence, and the marital estate.

Q:

What types of family-law cases does RJSR handle?

A:

RJSR handles divorce, maintenance, property and business disputes, parental responsibilities, child support, parentage, orders of protection, adoption, guardianship, post-judgment matters, and appeals.

RJSR handles divorce, maintenance, property and business disputes, parental responsibilities, child support, parentage, orders of protection, adoption, guardianship, post-judgment matters, and appeals.

Q:

Does every family-law case go to trial?

A:

No. Many matters resolve through negotiation or mediation. When agreement is not possible, RJSR prepares contested issues for hearing or trial.

No. Many matters resolve through negotiation or mediation. When agreement is not possible, RJSR prepares contested issues for hearing or trial.

Q:

Can RJSR handle financial and parenting disputes in the same case?

A:

Yes. Divorce and parentage cases can involve overlapping financial, support, and parenting issues. RJSR develops strategy with those related issues in view.

Yes. Divorce and parentage cases can involve overlapping financial, support, and parenting issues. RJSR develops strategy with those related issues in view.

Q:

Does RJSR handle post-judgment matters and appeals?

A:

Yes. RJSR handles enforcement and modification after judgment and appellate matters when a party seeks review of an appealable court decision.

Yes. RJSR handles enforcement and modification after judgment and appellate matters when a party seeks review of an appealable court decision.

Q:

What makes an Illinois divorce complex?

A:

A divorce may be complex because of the type or value of the assets, business ownership, disputed income, executive compensation, tracing or classification issues, tax consequences, maintenance, contested parenting issues, or the amount of discovery and expert analysis required. Complexity is driven by the facts and disputed issues, not simply by the length of the marriage or the size of the estate.

A divorce may be complex because of the type or value of the assets, business ownership, disputed income, executive compensation, tracing or classification issues, tax consequences, maintenance, contested parenting issues, or the amount of discovery and expert analysis required. Complexity is driven by the facts and disputed issues, not simply by the length of the marriage or the size of the estate.

Q:

How are businesses and other complex assets handled in an Illinois divorce?

A:

Illinois courts classify property and debts as marital or non-marital and divide the marital estate in just proportions under 750 ILCS 5/503. When a closely held business, professional practice, real estate interest, retirement asset, or other difficult-to-value property is involved, the parties may use financial records, appraisals, valuation experts, tracing evidence, and tax analysis to determine classification, value, and an appropriate division.

Illinois courts classify property and debts as marital or non-marital and divide the marital estate in just proportions under 750 ILCS 5/503. When a closely held business, professional practice, real estate interest, retirement asset, or other difficult-to-value property is involved, the parties may use financial records, appraisals, valuation experts, tracing evidence, and tax analysis to determine classification, value, and an appropriate division.

Q:

Do complex Illinois divorces always go to trial?

A:

No. Many complex divorces resolve through negotiated settlement, mediation, or a pretrial process after enough financial and parenting information has been exchanged. If material issues remain disputed, the judge—not a jury—decides those issues at trial. Preparation for trial can also improve the quality of settlement discussions because the important facts and evidence have been developed.

No. Many complex divorces resolve through negotiated settlement, mediation, or a pretrial process after enough financial and parenting information has been exchanged. If material issues remain disputed, the judge—not a jury—decides those issues at trial. Preparation for trial can also improve the quality of settlement discussions because the important facts and evidence have been developed.

Q:

What should I expect during financial discovery in a complex divorce?

A:

Financial discovery may include tax returns, bank and investment records, business financial statements, payroll and compensation information, retirement records, real-estate documents, debt records, and other materials relevant to income, property, support, or asset classification. The scope depends on the issues in the case, and disputes over disclosure can be addressed through the court.

Financial discovery may include tax returns, bank and investment records, business financial statements, payroll and compensation information, retirement records, real-estate documents, debt records, and other materials relevant to income, property, support, or asset classification. The scope depends on the issues in the case, and disputes over disclosure can be addressed through the court.

Q:

Can parenting time be restricted in Illinois?

A:

Yes. After a hearing, a court may impose restrictions necessary to protect a child if the statutory serious-endangerment or significant-emotional-impairment standard is proved.

Yes. After a hearing, a court may impose restrictions necessary to protect a child if the statutory serious-endangerment or significant-emotional-impairment standard is proved.