News Archive • Hayes Family Law Chicago

Jessi Draper & Jordan Ngatikaura Divorce: Does Cheating Matter in Illinois Divorce Cases?

When news broke that celebrities Jessi Draper and Jordan Ngatikaura were ending their marriage amid allegations of an affair, many people immediately asked the same question: Does cheating affect a divorce?

If you are navigating divorce in Cook County, DuPage County, or Lake County, Illinois, the answer may surprise you.

Who Are Jessi Draper and Jordan Ngatikaura?

Jessi Draper rose to fame on the Hulu reality series The Secret Lives of Mormon Wives, where her marriage to Jordan Ngatikaura became a central storyline. The couple married in 2020 and share two children; Ngatikaura has a third child from a previous relationship.

Their relationship played out publicly, including a 90-day separation and Draper’s admission of an emotional affair with another reality TV personality—“Vanderpump Villa” star Marciano Brunette.

In March 2026, Ngatikaura officially filed for divorce in Utah after five years of marriage and months of highly publicized marital issues.

Like many celebrity divorces, the headlines focused on infidelity—but Illinois law focuses on something very different.

Illinois Is a “No-Fault” Divorce State

Illinois is strictly a no-fault divorce state, meaning the court does not consider wrongdoing like adultery when granting a divorce. Instead, the only legal ground is irreconcilable differences.

So even though Draper’s alleged affair made headlines, if this case were in Illinois, the court would not base the divorce itself on that conduct.

Affairs Typically Do NOT Affect Property Division

One of the biggest misconceptions is that a cheating spouse “loses everything.” That is simply not how Illinois law works.

In Illinois, marital property is divided based on equitable distribution, not punishment. Courts consider factors like:

Each spouse’s contribution to the marriage
The length of the marriage
Economic circumstances

An affair by itself does not entitle one spouse to a larger share. The exception would be if marital funds were spent on the affair (gifts, trips, etc.), that could be considered dissipation of assets, which can impact division.

Affairs Rarely Impact Spousal Maintenance

Spousal maintenance (alimony) is also not awarded or denied based on infidelity in Illinois.

Instead, courts look at:

Income and earning capacity
Duration of the marriage
Standard of living

Even in a situation like Draper’s and Ngatikaura’s—where an affair was publicly acknowledged—maintenance would still be determined based on financial factors, not moral ones.

Parenting Decisions Focus on the Child—Not the Affair

When children are involved, Illinois courts prioritize the best interests of the child.

In Illinois, an affair would only matter if it directly impacted parenting—for example:

Exposing children to unsafe environments
Neglecting parental responsibilities

Otherwise, personal relationship issues between spouses are largely irrelevant to custody decisions.

In Draper’s and Ngatikaura’s case, they have publicly emphasized co-parenting their children moving forward. It appears they are committed to maintaining a civil relationship, which is really what it is in the children’s best interests.

The Bottom Line: Does an Affair Affect Divorce in Illinois?

Celebrity divorces like Draper’s and Ngatikaura’s often feel dramatic, emotional, and highly public—but Illinois family law is intentionally designed to keep that drama out of the courtroom as much as possible.

The court’s role remains focused on fairness, finances, and children—not blame.

Therefore, the general answer is: no—an affair does not directly impact divorce outcomes in Illinois.

But every case is fact-specific. Issues like dissipation of assets, parenting concerns, or financial complexity can still make a major difference.

Speak With an Illinois Divorce Attorney Today

If you are facing a divorce in Cook County, DuPage County, or Lake County, do not rely on celebrity headlines to understand your rights. Your case deserves a strategy grounded in Illinois law—not public perception.

At Hayes Law, LLC, our experienced attorneys help clients navigate complex, high-conflict divorces with clarity and confidence.

Call Hayes Law, LLC today to schedule a consultation and protect your future.

Understanding Post-Judgment Litigation in Illinois Divorces and Parentage Cases

Many people believe that once the judge signs a divorce decree or parentage order, the legal battle is over. Unfortunately, real life rarely stays frozen in time. Jobs change, parents relocate, children grow, and sometimes one party simply stops following the court’s orders. When that happens, former spouses and co-parents often find themselves back in court.

This process is known as post-judgment litigation, and it is one of the most common reasons people hire a family law attorney years after their divorce or parentage case has ended.

If you live in Cook County, DuPage County, or Lake County, understanding how post-judgment litigation works in Illinois can help you protect your rights and your family.

What Is Post-Judgment Litigation in Illinois?

Post-judgment litigation refers to any legal action filed after the court has already entered a final judgment. In a divorce or parentage case, the judgment might include orders related to:

When circumstances change or one party fails to comply with the judgment, either party may file motions asking the court to modify, enforce, or clarify the existing order.

Illinois courts recognize that families evolve, and the law provides several mechanisms to address those changes.

Below are five of the most common types of post-judgment litigation in Illinois family law cases.

1. Modification of Parenting Time or Parental Responsibilities

Parenting plans are designed to reflect the child’s best interests at the time the Allocation Judgment is entered in a divorce or parentage case. However, life circumstances can change dramatically, making the original parenting time schedule or allocation of parental responsibilities no longer workable.

Generally, under Illinois law, a parent may seek a modification of parenting time or decision-making responsibilities when there has been a substantial change in circumstances and the modification is in the child’s best interests.

Examples include:

One parent relocates to another city or state
A parent’s work schedule changes significantly
The child’s needs change as they grow older

For example, a parent who now works night shifts may seek to modify the parenting schedule to ensure the child is cared for appropriately during those hours.

There are other factors and timing requirements to consider, so it is important that you consult experienced family law attorneys about modifying your Allocation Judgment.

2. Child Support Modification

Child support orders are based on the Illinois income-shares model, which considers both parents’ incomes and the amount of parenting time each parent exercises.

If a parent experiences a significant change in financial circumstances, the court may modify the child support order.

Common reasons for modification include:

Job loss or substantial decrease in income
A significant increase in one parent’s income
Changes in the child’s expenses
A shift in parenting time

For instance, if a parent receives a major promotion that substantially increases their income, the other parent may petition the court for a modification of child support to reflect the new financial reality.

3. Enforcement and Contempt Actions

Unfortunately, not everyone follows court orders. When a party refuses or fails to comply with the terms of the divorce judgment, the other party can ask the court to enforce the order.

This is typically done through a Petition for Rule to Show Cause, which asks the court to find the non-complying party in contempt of court.

Examples include:

Failure to pay child support
Refusing to follow the parenting schedule
Not transferring property awarded in the divorce
Ignoring maintenance obligations

If the court finds the party in contempt for willful disregard of its orders, the judge can impose penalties such as fines, attorney’s fees, or even jail time until compliance occurs.

4. Relocation Cases

When a parent wants to move with a child outside certain geographic limits, Illinois law requires court approval or the other parent’s consent.

Relocation disputes arise when a parent wants to move:

More than 25 miles from the child’s current home in one of the “collar counties” such as Cook, DuPage, or Lake County
More than 50 miles in other counties in Illinois
Out of state entirely if it is more than 25 miles

If the other parent objects, the court will evaluate whether the relocation is in the best interests of the child.

For example, if a parent is offered a new job in California and wants to move there with their child, they will need to file a relocation petition and demonstrate how the move benefits the child if the other parent does not consent to the move.

5. Maintenance (Alimony) Modification or Termination

A court may modify maintenance when there has been a substantial change in financial circumstances, such as:

Sudden unemployment
A major increase in income
Retirement

For instance, if the former spouse paying maintenance is laid off from their job, they could seek to modify maintenance to reflect their new income. This may result in a lower maintenance payment or maintenance may stop until the paying spouse gets a new job or a new motion to modify is adjudicated.

Additionally, under Illinois law, maintenance may be terminated if specific statutory triggers occur, including the remarriage of the receiving party, or if that party is engaged in a resident, continuing conjugal relationship—commonly referred to as cohabitation.

For example, if a maintenance recipient moves in with a new partner and begins sharing expenses and daily life in a marriage-like relationship, the paying spouse may file a petition to terminate maintenance.

Because these cases are highly fact-intensive and often contested, strong legal representation is essential to gather evidence, present a compelling case, and protect your financial interests.

When Post-Judgment Issues Arise, the Right Attorney Matters

Post-judgment litigation can be complex, emotionally charged, and highly fact-specific. Whether you need to modify a parenting plan, enforce a court order, or defend against a petition, having experienced Illinois family law attorneys by your side can make a critical difference.

At Hayes Law, LLC, we represent clients throughout Cook County, DuPage County, and Lake County in all types of post-judgment litigation. Our firm understands that life does not stop changing after a divorce—and we are here to help protect your rights and your family’s future.

If you are dealing with a post-judgment issue, do not wait until the situation escalates.

Call Hayes Law, LLC today to schedule a consultation and discuss your post-judgment litigation options with an experienced Illinois family law attorney.

Illinois Is a No-Fault Divorce State, What That Actually Means

Many people hesitate to start a divorce because they think they will have to expose private details, prove wrongdoing, or “win” against their spouse in court. Here’s the truth: Illinois is a no-fault divorce state. That single legal concept changes everything but it is also widely misunderstood. If you live in Cook County, DuPage County, or Lake County, understanding what no-fault divorce actually means can save you time, money, and unnecessary stress.

A Brief History: From Fault-Based Divorce to No-Fault Law

Historically, Illinois followed a fault-based divorce system, meaning one spouse had to prove the other did something “wrong” to legally end the marriage. Common grounds included:

Adultery
Extreme and repeated mental or physical cruelty
Desertion
Habitual drunkenness

This system often forced couples to expose private details publicly, manufacture or exaggerate allegations, or stay trapped in an unhealthy marriage due to lack of proof.

In 2016, Illinois officially eliminated fault-based divorce grounds, modernizing the law to reflect reality: marriages can end without a villain.

While fault no longer determines whether you can get divorced, the circumstances of the marriage can still influence important outcomes.

What “No-Fault Divorce” Really Means in Illinois

Illinois law no longer requires you to prove wrongdoing to get divorced. Today, the only legally recognized ground for divorce is that the marriage has suffered an “irretrievable breakdown.”

In practical terms, this means:

You do not have to prove adultery, abuse, abandonment, or cruelty
The court is not interested in assigning blame for the marriage ending
The focus shifts to resolving financial issues, parenting time, and property division

Therefore, a spouse who discovers an affair does not need to present evidence of infidelity in court to obtain a divorce. Instead, the spouse only needs to show that reconciliation is not possible and the marriage cannot be repaired.

This approach often leads to less conflict, faster resolutions, and lower legal costs but it does not mean divorce is automatically simple or that everything will be easily split down the middle.

NO-FAULT DOES NOT MEAN “NO CONSEQUENCES”

One of the biggest misconceptions about no-fault divorce is that conduct no longer matters at all. That’s simply not true. While misconduct generally does not affect property division, it can impact other aspects of your case. Marital misconduct can become relevant in issues of:

Dissipation of marital assets – the improper use of marital assets by one spouse for that spouse’s sole benefit and for a purpose unrelated to the marriage (i.e. spending marital money on an affair, gambling, alcohol problem, etc.)
Parenting time and parental responsibilities – if a parent’s toxic behavior affects their children’s best interests, it can affect their ability to have parenting time and parental responsibilities

Thus, if one spouse drained joint savings to fund a relationship outside the marriage, the court may compensate the other spouse during property division, even though the divorce itself is still “no-fault.”

This is why having experienced legal representation is critical. No-fault divorce simplifies ending the marriage, but it does not simplify everything that comes after.

Talk to a Divorce Attorney Before You File

If you’re thinking about divorce, do not rely on assumptions or online myths about no-fault divorce. Understanding your rights before filing can protect you from costly mistakes.

Contact Hayes Law, LLC today to schedule a consultation and discuss your divorce options. With knowledgeable guidance and a client-focused approach, you can move forward confidently and start the next chapter of your life with clarity and control.

Dissipation in an Illinois Divorce

Divorce often brings some tough financial questions to the forefront. If you suspect your spouse has spent marital funds for reasons unrelated to the marriage, you may be dealing with dissipation. Understanding dissipation can make a meaningful difference in protecting your financial future during an Illinois divorce.

What Is Dissipation

It is a general rule in Illinois that marital misconduct does not affect the division of property in a divorce—dissipation is the exception.

Dissipation refers to the improper use of marital assets by one spouse for that spouse’s sole benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown. Often, this period is marked by events such as physical separation, the filing of a petition for dissolution of marriage, or a clear decision by one spouse that the marriage was ending. Spending that occurred while the marriage was still functioning normally is usually not considered dissipation, even if it appears wasteful in hindsight.

Dissipation can only cover spending that happened within the three years before the innocent spouse knew or reasonably should have known about it, and it can never go back more than five years before the divorce case was filed.

The Illinois Marriage and Dissolution of Marriage Act addresses dissipation as a factor courts must consider when dividing marital property. While the statute does not list every possible example, common examples include spending money on an affair, excessive gambling, or recklessly selling marital assets. Normal living expenses, reasonable business costs, or routine purchases generally are not considered dissipation, even if one spouse disagrees with them.

How Dissipation Is Proven in a Divorce Case

Proving dissipation requires evidence and careful documentation. The spouse making the claim has the burden of showing that marital funds or assets were improperly used or disposed of by clear and specific evidence. This often involves carefully tracing where marital money went and why.

Common methods of proving dissipation include reviewing bank statements, credit card records, loan documents, transaction histories, and other financial account statements. Text messages, emails, contracts, and witness testimony can also play an important role. In some cases, expert analysis from forensic accountants is used to identify patterns of spending or asset transfers that raise red flags. Asset valuators may also be necessary to establish the exact dollar amount of the dissipation.

Once a claim of dissipation is raised with sufficient evidence, the burden shifts to the other spouse to explain the spending and show that it was for a legitimate marital purpose.

Typically, a spouse must give written notice of a dissipation claim no later than 60 days before trial or 30 days after discovery closes, whichever is later. The notice must identify the date or date range when dissipation allegedly occurred, the amount dissipated, and the manner in which the assets were spent.

Why Catching Dissipation Is Important but Often Difficult

Dissipation can significantly affect the outcome of a divorce, which is why identifying it early is so important. Marital assets are meant to be divided equitably, and money that disappears without accountability can unfairly impact one spouse.

Early detection of dissipation can also prevent further financial damage. Once concerns are identified, a spouse can take steps to stop additional losses, such as seeking temporary court orders, restraining asset transfers, or closely monitoring accounts. The sooner dissipation is discovered, the more likely it is that remaining assets can be preserved.

At the same time, dissipation can be difficult to catch. Spending may be hidden through the use of cash instead of electronic banking, accounts may be secretly closed, or funds may be moved in small amounts over time. Emotional stress during divorce also makes financial oversight more challenging. Without timely action and thorough investigation, dissipated assets can remain undiscovered.

Consequences for Dissipating Marital Assets

When dissipation is proven, courts do not simply ignore the missing assets. Instead, the value of the dissipated property can be assigned to the spouse who wasted it.

This adjustment can result in the innocent spouse receiving a larger share of the remaining marital estate to offset the loss. In some cases, dissipation claims can substantially change the final property division and protect one spouse from absorbing the financial consequences of the other’s misconduct. However, this is assuming there are enough assets left over to fully rectify the dissipation. This is another reason why early detection is critical.

Dissipation can also significantly damage a spouse’s credibility before the court. When a spouse is found to have wasted, hidden, or misused marital assets, it often raises concerns about that spouse’s overall truthfulness. As a result, dissipation does not only affect the numbers involved in property division, but can also influence how the court views a spouse’s character and the weight given to their statements throughout the case.

Speak With Experienced Illinois Divorce Attorneys

Dissipation claims require knowledge of Illinois law, careful financial analysis, and strategic advocacy. If you believe marital assets have been wasted or hidden, it is essential to act promptly and work with attorneys who understand how to identify and prove dissipation.

Contact Hayes Law, LLC to schedule a consultation with experienced Illinois divorce attorneys. Our team can help you understand your rights and protect your financial future.

Illinois Super Lawyers Rising Stars 2026

We are proud to share that Hayes Law has been recognized by Super Lawyers for the second year in a row, with attorneys Flavia Pocari Hayes and Nicole MacMillan once again selected for Super Lawyers Rising Stars – 2026.

This distinction is awarded to only 2.5% of attorneys under the age of 40, based on a rigorous selection process that includes peer nominations, independent research, and professional achievement. Being recognized in consecutive years is an honor that reflects not only individual excellence, but also consistent dedication to the practice of family law.

At Hayes Law, we take pride in providing thoughtful, strategic, and compassionate representation during some of the most challenging moments in our clients’ lives. This recognition reinforces our commitment to delivering high-quality legal advocacy while maintaining the empathy and care our clients deserve.

We are deeply grateful to our peers for this acknowledgment and to our clients for placing their trust in us. It is a privilege to serve individuals and families throughout Chicago and the surrounding counties, and we remain committed to continuing this work with integrity, diligence, and excellence.

Thank you for being part of our journey—we look forward to another year of dedicated service and meaningful results.

Filing Your Taxes During an Illinois Divorce: What You Need to Know Before You File

Few things create anxiety quite like tax season, unless you are also going through a divorce. If you are considering filing for divorce in Illinois, the question of how and when to file your taxes can feel overwhelming. This one decision could affect your refund, your liability, or even your divorce settlement. The good news? With the right guidance, you can protect yourself financially and move forward with confidence.

Your Marital Status on December 31 Controls Your Filing Options

In Illinois, your tax filing status is determined by whether you are legally married on December 31 of that tax year. If your divorce is not finalized by that date, the IRS still considers you married—even if you have been separated for months or even years.

Therefore, if you and your spouse separated in June but your divorce is not finalized until March of next year, you must file as either Married Filing Jointly or Married Filing Separately for that tax year. Filing as Single would be incorrect and could possibly trigger penalties or audits.

Married Filing Jointly vs. Married Filing Separately Is a Strategic Decision

Choosing the right filing status can have significant financial implications, so it is important to understand how this decision aligns with your divorce strategy. Many couples assume filing jointly is always better because it often results in a lower tax bill. However, during a divorce, filing jointly can expose you to risk—particularly if you do not trust your spouse’s financial disclosures.

If your spouse underreports income or claims improper deductions on a joint return, the IRS can hold both of you responsible, even after the divorce is finalized. Filing separately may result in a higher tax bill, but it can limit your liability and protect you from your spouse’s financial misconduct.

An experienced divorce attorney can help weigh the tax savings against the legal and financial risks.

Dependents, Child Tax Credits, and Who Gets to Claim the Kids

One of the most common tax disputes during divorce involves children. The IRS has strict rules about who can claim a child as a dependent, which directly affects tax credits, refunds, and filing status.

Only one parent can claim a dependent for a given tax year. Generally, the parent with whom the child resides for more than half the year claims the dependency exemption and child-related tax credits. However, divorce agreements often allocate these benefits by alternating years or sometimes assigning the exemption to the higher-earning parent.

If this is not clearly addressed during your divorce, you may face disputes, delayed refunds, or IRS challenges down the road.

Do Not Let Tax Season Derail Your Divorce Strategy

Divorce and taxes intersect in ways that can impact your finances for years to come. Filing incorrectly, or without considering how your divorce will unfold, can cost you thousands of dollars and create unnecessary stress.

If you are considering divorce or already in the process, the experienced attorneys at Hayes Law, LLC can help you navigate these complex decisions with clarity and confidence. Our firm understands the financial, legal, and emotional challenges that come with divorce, and we work strategically to protect your future.

Contact Hayes Law, LLC today to schedule a consultation and discuss your divorce and tax-related concerns before you file. The right guidance now can make all the difference later.

Understanding Your Divorce Agreement

For people finalizing their divorce, the divorce agreement, also known as the Marital Settlement Agreement (MSA), is the document that defines their financial future and their peace of mind. Understanding what goes into this agreement—and why it matters—is one of the most important steps you can take before signing on the dotted line. Here is what you need to know about the major parts of a Marital Settlement Agreement in Illinois.

1. Division of Property and Debts

The first major component of an MSA involves how assets and debts will be divided between the spouses. Illinois is an equitable distribution state, which means property is not necessarily split 50/50, but rather in a way the court deems fair under the circumstances. This section typically includes:

Real estate, including the marital home
Vehicles and personal property
Bank accounts and investments
Retirement accounts and pensions
Business interests
Debts such as credit cards, student loans, or mortgages

The parties should also certify that they have made a full disclosure of all of their assets and debts upon entering into the MSA. A detailed, well-written MSA protects both parties from future disputes by clearly identifying what belongs to whom—and who is responsible for any remaining financial obligations.

2. Spousal Support (Maintenance or Alimony)

The next key element covers spousal maintenance, sometimes called alimony. Illinois law provides guidelines for calculating the amount and duration of support, but parties can negotiate terms that fit their specific circumstances. The MSA should include the specific numbers used in the calculation of maintenance.

An MSA will outline:

Whether maintenance will be paid
The amount and frequency of payments
How long payments will continue
How the payments will be made (i.e. via check or electronic transfer)

Having these details spelled out helps prevent costly court battles down the road and provides clarity for everyone.

3. Tax Considerations and Financial Disclosures

One often-overlooked yet crucial part of an MSA is how taxes and financial disclosures are handled. Divorce can have major tax implications, and the agreement should ensure both parties are transparent and protected.

This section typically addresses:

How the next year’s taxes will be handled
How tax deductions, exemptions, and credits (such as for dependents or mortgage interest) will be allocated
Responsibility for any outstanding tax liabilities
How future tax refunds or debts will be divided
Confirmation that both parties have accurately portrayed their income in previously filed taxes

Comprehensive financial disclosure prevents surprises and ensures that both spouses make informed decisions. Likewise, clarifying tax responsibilities helps avoid future disputes with each other—or with the IRS.

4. Child Support

Child support is another critical component of the agreement. Illinois uses an “income shares” model, which considers both parents’ incomes, parenting time, and the child’s needs to determine a fair support amount.

An MSA should clearly state:

The amount and frequency of child support payments
How support will be paid (i.e. directly or through the State Disbursement Unit)
Which parent will carry health insurance for the child
How educational or extracurricular expenses will be handled
The payment of post-high school education

This ensures financial stability for the children and accountability for both parents.

5. Insurance and Beneficiary Designations

Another key but frequently misunderstood section of an MSA involves insurance coverage and beneficiary designations. Divorce changes not only your financial and legal status, but also who is protected—and who benefits—under your insurance policies.

This portion of the agreement may include:

Requirements for maintaining life insurance to secure child support or maintenance obligations
Designation of beneficiaries on life insurance or retirement accounts
Provisions for health insurance coverage, including continuation of coverage for a spouse or children
Responsibility for auto, home, or liability insurance

Addressing these issues clearly helps avoid confusion and ensures that your financial protections remain aligned with your post-divorce goals. Without updating insurance and beneficiary designations, assets can unintentionally pass to an ex-spouse or leave dependents unprotected.

Take Control of Your Future with Hayes Law, LLC

A divorce agreement or Marital Settlement Agreement is not just paperwork—it is the blueprint for your next chapter. The language you use today can affect your finances, your children, and your peace of mind for years to come. That is why it is essential to have an experienced family law attorney who knows how to protect your interests and guide you through each detail.

At Hayes Law, LLC, we work with clients throughout the Chicagoland area to draft, review, and negotiate fair, thorough Marital Settlement Agreements that stand the test of time.

Call Hayes Law, LLC today to schedule a consultation and get the legal guidance you need to move forward with confidence.

How Substance Abuse Can Impact an Illinois Divorce

When substance abuse becomes part of a marriage, it often plays a significant role in how a divorce unfolds. Drug or alcohol addiction can affect nearly every aspect of a divorce—from child custody and parenting time to the division of property and financial support. Courts take these issues seriously, so it is crucial to understand the ways substance abuse can impact an Illinois divorce.

1. Child Custody and Parenting Time

In Illinois, the court’s top priority in custody decisions is the best interests of the child. Evidence of substance abuse can heavily influence this determination. If a parent’s drinking or drug use has endangered a child’s safety, caused neglect, or created an unstable home environment, the court may limit a parent’s parenting time, order their parenting time to be supervised, or terminate their parenting time altogether.

Judges may also require proof of sobriety—such as regular testing or participation in treatment programs—before granting regular unsupervised parenting time. Parents who can demonstrate meaningful recovery and consistent stability may be able to rebuild trust and restore parenting rights over time.

2. Division of Marital Property

Illinois follows the principle of equitable distribution, which means assets are divided fairly, not necessarily equally. Substance abuse can factor into this process if one spouse’s addiction led to the dissipation of marital assets—for example, draining joint accounts to fund a drug habit, or losing employment due to repeated intoxication.

If the court finds that one spouse wasted marital resources on their addiction, the other spouse may be awarded a larger share of remaining assets to balance the scales.

3. Protective Orders and Safety Concerns

Substance abuse can often be linked to domestic violence or abusive behavior. When a spouse or child’s safety is at risk, Illinois courts can issue Orders of Protection to restrict contact or remove the abusive party from the home.

An Order of Protection can:

Prohibit the abusive or intoxicated spouse from contacting or approaching the other party or their children,
Require the individual to vacate the marital residence and stay away from the family home, workplace, or children’s school,
Grant the petitioner temporary custody of minor children, or
Establish temporary support or possession of property (such as a vehicle) to help the protected party maintain stability during the proceedings.

In cases where substance abuse is linked to domestic violence, threats, or emotional instability, these orders serve as crucial legal safeguards while the divorce is pending—and even after it is finalized. Violating an Order of Protection is a serious offense in Illinois and can lead to criminal penalties, further restrictions on parenting time, and additional protective conditions imposed by the court.

4. Post-Decree Issues and Modifications

The impact of substance abuse does not always end once a divorce decree is finalized. In Illinois, ongoing or recurring addiction issues can lead to post-decree modifications involving child custody, parenting time, or parental responsibilities.

For example, if a parent relapses after the divorce and their behavior endangers a child’s safety, the other parent can petition the court to modify custody or restrict visitation. Conversely, if a parent successfully completes treatment and maintains sobriety, they may seek to restore parenting time or expand parental responsibilities.

Contact Hayes Law, LLC Today

Divorce involving substance abuse is complex, but you do not have to face it alone. The experienced attorneys at Hayes Law, LLC understand how addiction can affect families — legally, financially, and emotionally. Our team provides skilled, compassionate representation to protect your interests and guide you toward a more secure future.

If you are considering divorce in Chicago or the surrounding suburbs — including Cook, DuPage, and Lake Counties — we are here to help. Contact Hayes Law, LLC today to schedule a confidential consultation and take the first step toward rebuilding your life with clarity, confidence, and peace of mind.

Is Inheritance a Marital Asset in an Illinois Divorce?

Divorce often raises difficult questions about property division, especially when significant assets are involved. One area that frequently causes confusion is inheritance. Many individuals are unsure whether money or property received from a loved one will remain theirs alone or be divided with a spouse. In Illinois, the treatment of inheritance depends on how the asset is classified and whether it has been kept separate during the marriage. Understanding these rules is essential to protecting your financial interests in a divorce.

If you are a Chicagoland resident preparing for divorce, here is what you need to know about inheritance and property division in Illinois.

What Is Considered Inheritance in Illinois Family Law?

For purposes of family law in Illinois, “inheritance” refers to money, real estate, investments, or personal property passed down through a will, trust, or intestate succession (when someone dies without a will).

For example, if your grandmother leaves you $75,000 in her will or you inherit a family home in Naperville from your parents, both of these are treated as “inheritance” under Illinois law. An experienced Illinois divorce attorney can help you determine how those inherited assets are classified in your divorce.

Why Inheritance Is Usually Nonmarital Property in Illinois

A key part of any Illinois divorce is dividing assets into two categories:

Marital property includes assets acquired by either spouse during the marriage, such as salaries, retirement savings, or your marital home in Chicago.
Nonmarital property includes assets owned before marriage, gifts, inheritances, and certain legal settlements.

Illinois family law makes clear that inheritances belong to the individual who receives them, not the marriage as a whole. That means an inheritance is usually considered nonmarital property and is not divided between spouses in divorce.

For example, if your uncle leaves you $20,000 during your marriage and you keep it in a separate account under your name only, the law recognizes that inheritance as yours alone. However, an Illinois divorce lawyer will caution you to be careful about how you handle those funds, since mixing them with marital assets can change their legal status.

How Inheritance Can Become Marital Property

One of the biggest mistakes people make is unintentionally turning inheritance into marital property by “commingling” it with marital assets. This can include using inherited funds as a down payment on a family home titled jointly with your spouse or just depositing inheritance money into a joint checking account with your spouse.

Once commingled, inheritance may be considered marital property subject to division in an Illinois divorce—whether that was your intention or not. If you are unsure whether your inheritance has been protected, an Illinois divorce attorney can evaluate your situation and explain your options.

Inheritance and Income in Divorce Cases

Even if inheritance remains nonmarital property, it can still impact divorce proceedings in Illinois. The reason is that income generated from inheritance—such as rental income from inherited property, dividends from inherited investments, or withdrawals from an inherited trust account—may be counted as income for calculating child support or spousal maintenance. This does not mean that the actual inheritance will be split between you and your spouse, but it may impact the amount you have to pay in support.

Call Hayes Law, LLC Today

When it comes to inheritance in divorce, Illinois law can be complicated—and costly if mistakes are made. Protecting your rights requires the guidance of an experienced Illinois divorce lawyer who understands how courts classify and divide property.

At Hayes Law, LLC, we represent clients throughout Cook, DuPage and Lake County and help them navigate complex divorce issues, including inheritance, property division, child support, and spousal maintenance.

Call Hayes Law, LLC today to schedule a consultation with a dedicated Illinois divorce attorney. Let us help protect your inheritance, your assets, and your future.

How Gifts Between Spouses Are Treated in an Illinois Divorce

When couples divorce in Illinois, dividing assets can be a complex and sensitive issue. A common question is: what happens to gifts exchanged between spouses during the marriage? Whether it’s jewelry, a car, or a birthday present, understanding how Illinois courts treat these gifts is critical for protecting your property rights.

Marital vs. Non-Marital Property in Illinois

Illinois follows the principle of equitable distribution, which means marital property is divided fairly but not necessarily equally. Non-marital property, on the other hand, remains with the spouse who owns it.

Under the Illinois Marriage and Dissolution of Marriage Act, property acquired by gift, legacy, or descent is typically considered non-marital property. This includes gifts given from one spouse to another during the marriage unless exceptions apply.

Are Gifts Between Spouses Considered Non-Marital?

Generally, gifts exchanged between spouses during the marriage are presumed to be non-marital property. Illinois courts recognize that a gift from one spouse to the other is usually intended for the individual recipient.

For example, if a spouse gives jewelry to their partner as a birthday gift, that gift is typically considered the recipient’s non-marital property and is not subject to division during divorce.

When Can Gifts Become Marital Property?

There are several exceptions where gifts between spouses may lose their non-marital character and be treated as marital property:

1. Gift Intended for Both Spouses

When a gift is clearly intended for the benefit of both spouses, such as a jointly used car or household furniture, it will be treated as marital property.

2. Commingling or Transmutation

Even if a gift starts as non-marital property, it can become marital if it is commingled with marital assets. For example, depositing gifted funds into a joint account or using an inherited asset to pay for marital expenses can result in the property being treated as marital.

3. Conditional or Mischaracterized Gifts

Sometimes, transfers labeled as gifts may actually be loans or compensation. Illinois courts will analyze the circumstances to determine whether such property should be classified as marital or non-marital.

Special Considerations: Rings and Heirlooms

Engagement and wedding rings are generally treated as non-marital property, remaining with the spouse who received them.
Family heirlooms given to one spouse specifically are also considered non-marital, unless they are intended for joint use or commingled with marital property.

Tax Considerations

For tax purposes, transfers between spouses during the marriage are considered gifts and are generally not taxable. Transfers made incident to divorce are also treated as gifts under federal tax law, with no immediate tax consequence. The receiving spouse assumes the original tax basis of the property.

Tips for Protecting Gifts During Divorce

Document the intent of gifts to establish whether they are meant for one spouse or both.
Keep gifted property separate from jointly owned property or accounts.
Consider a prenuptial or postnuptial agreement to clearly define what property is non-marital.
Consult an experienced Illinois family law attorney to protect your interests in property division.

Conclusion

In Illinois, gifts exchanged between spouses during the marriage are generally treated as non-marital property and awarded to the recipient spouse. However, exceptions exist when gifts are intended for joint use, are commingled with marital property, or are mischaracterized.

Careful documentation and proper asset management are essential to ensure that gifts retain their non-marital classification during divorce. If you are considering divorce or have questions about how gifts or other assets will be treated, an experienced Illinois divorce attorney can help guide you through the process and protect your rights. Contact us at Hayes Law today for a consultation.