In Illinois, the law makes a distinction between parents who were married and parents who never married. Non-married parents are allowed to ask for retroactive child support back to the date of the child’s birth. Married parents cannot. The theory is that married parents were both supporting the child before the divorce was filed. On […]
Yes, both parties should have their own attorney. The purpose of a prenup is to guarantee control over your own premarital assets and to minimize any future litigation in the event of a divorce. While technically it is not required by Illinois law, both sides need an attorney as an insurance policy to make sure […]
Your divorce is uncontested if you and your spouse both want to get divorce and are able to agree how to resolve the issues of your divorce, including custody and support issues for the children, and how to divide your property and debts. In an uncontested divorce, instead of fighting with your spouse’s attorney and […]
Yes! A typical uncontested divorce takes about one to two months from start to finish. And in some cases, your divorce can be finalized in a little over a week. An uncontested divorce usually takes about one to two months from start to finish and often costs less than $2,000, depending on the issues involved […]
Yes, you can change and/or terminate the prenuptial agreement after the marriage. Illinois law at 750 ILCS 10/6 says, “after marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.” You should use the same formality used […]
In Illinois, per Supreme Court Rule 924, all divorcing parents are required to take a parenting education class before their divorce can be finalized by the judge. The class will cover the subjects of visitation and custody and the impact that divorce has on children. The name of the class and the specific requirements vary […]
In Illinois, Child Support is based on the net income of the non-custodial parent and the number of children the to whom the parent owes support. Courts typically apply the percentages listed in the table below to determine the dollar amount of support. Number of Children Guideline Percentage of Net Income 1 20% 2 28% […]
As part of a prenup, your future spouse can agree to make a will or trust, or waive certain death benefits regarding your property, to carry out the purpose of the agreement. The prenup will be binding if the other party tries to change their will in the future. One of the purposes of a […]
What is service of process? When you file a legal case against someone, including for divorce, parentage, or child support, you have to serve the other party (the respondent) with a formal notice of the lawsuit, and let them know how soon they must response. The legal name for this is “Service of Process.” Although […]
In most cases where the parents are not living together, Illinois courts will award child support to the parent with whom the children primarily reside. This parent is usually referred to as the custodial parent, or the obligee. The parent who is responsible to pay child support is called the non-custodial parent, or the obligor. […]
Jeffrey Esser is the founder and principal attorney of the Law Office of Jeffrey R. Esser. He has been practicing law since 2005 and has helped hundreds of clients with their divorce and family law cases in Cook County. Originally from Madison, Wisconsin, Jeffrey moved to Chicago in 1995. He graduated with honors from Northwestern University and the University of Southern California’s Gould School of Law, where he served as his class president and graduation speaker. Jeffrey and his wife live in the Roscoe Village neighborhood of Chicago.
The Law Office of Jeffrey R. Esser
161 N Clark #1600
Chicago, IL 60601
(312) 564-5743
(312) 267-1745
jeff@esserlegal.com