Buckley & Buckley Law, P.C. FindLaw IM Template 2026-05-21T13:30:56Z https://www.2buckleys.com/feed/atom/ WordPress /wp-content/uploads/sites/1400332/2020/08/cropped-Fav-Icon-min-32x32.jpg On Behalf of Buckley & Buckley Law, P.C. <![CDATA[3 mistakes to avoid during the divorce process in Illinois]]> https://www.2buckleys.com/?p=47233 2026-05-21T13:30:56Z 2026-05-21T13:30:56Z Letting emotions drive your decisions Divorce naturally brings up strong feelings of anger, hurt and betrayal. However, letting emotions control your decisions can lead to costly mistakes. When you make decisions based on spite or the desire to punish your spouse, you might end up hurting yourself financially or damaging your relationship with your children. For example, arguing over small items or rejecting fair settlement offers can increase legal costs and delay the divorce. Instead, try to approach divorce as a business transaction that needs to be resolved fairly. This mindset can help you focus on practical outcomes rather than emotional victories that provide little real benefit.

Hiding assets or being dishonest about finances

You might feel tempted to hide money, underreport income or transfer assets to friends or family members. This approach is problematic for several reasons. Illinois courts generally require both spouses to fully disclose their finances. If the court finds out you lied, the consequences can be severe. When you hide assets or lie about your financial situation, you risk losing credibility with the court. Judges take financial dishonesty seriously, and being caught in a lie could result in penalties and unfavorable rulings on other issues in your case. Additionally, the discovery process often uncovers hidden assets anyway, making the deception pointless while damaging your position.

Failing to consider long-term implications

During a divorce, you might focus heavily on immediate concerns and overlook how decisions will affect your future. This mistake often appears in property division and spousal support negotiations. For instance, you might insist on keeping the family home without fully considering whether you can afford the mortgage, taxes, insurance and maintenance on a single income. Similarly, accepting a settlement without understanding the tax implications of retirement account divisions or other asset transfers could leave you with less than you anticipated. Taking time to think through how each decision will impact your financial stability five or ten years down the road can help you make choices that better serve your long-term interests.

Protecting your interests during the divorce

By avoiding these common mistakes, you can approach your divorce with greater clarity and make decisions that support your future. Staying honest, thinking long-term and keeping emotions in check can help you protect your interests during the divorce process.    ]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[3 behaviors that can greatly damage your custody case in Illinois]]> https://www.2buckleys.com/?p=47231 2026-04-24T14:45:58Z 2026-04-27T14:44:28Z A custody dispute between two high-earning professionals is not a simple case. You both have resources, and you both have capable attorneys. The Illinois court will still decide parenting time and responsibility, also known as child custody, based on the best interests of your child and it weighs a range of factors to make that call. What you earn matters far less than how you behave, and here are three key behaviors you may need to watch out for.

Letting your resources become a weapon

Having money gives you options, but it also gives you the ability to make a legal fight longer, louder and more painful than it needs to be. Illinois courts evaluate whether each parent encourages the child's relationship with the other parent, and using money to obstruct or delay undermines this factor. When you use financial leverage to pressure your co-parent or draw out the process, a judge will likely take note since that kind of maneuvering can signal to the court that your priorities are competitive, not parental.

Treating texts, emails and social media like a private diary

You may be used to direct, assertive communication and in your professional life, that approach may work well. In a custody case, that same style can work against you. Illinois courts routinely accept digital communications as evidence, so every text, email and social media post you send is potentially part of the court record. A pattern of hostility or contempt toward your co-parent tells the court something about the home environment your child lives in. Courts view these communications as evidence of your judgment and ability to co-parent effectively. The messages you send today could appear before a judge tomorrow.

Putting your child in the middle

Illinois law specifically weighs each parent's willingness to support the child's bond with the other parent. Speaking negatively about your co-parent, using your child to relay messages or making your child feel guilty for time spent with the other parent all work against you in court. In high-conflict cases, the court often appoints a guardian ad litem to observe these dynamics closely. What your child experiences in your home is part of the record.

Your conduct is part of your case

Illinois courts look at the whole picture. How you act during this process reflects the kind of parent you are now and the kind you will be going forward. Reducing conflict through alternative dispute resolution such as mediation often serves your child better than prolonged litigation.]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[How Illinois tax deed actions can threaten your farm during divorce]]> https://www.2buckleys.com/?p=47229 2026-04-22T14:44:02Z 2026-04-22T14:44:02Z How Illinois's tax sale process works When property taxes go unpaid in Illinois, the county collector offers the delinquent taxes at the annual tax sale under the Illinois Property Tax Code. A third party, often an investor, purchases the tax debt and receives a certificate of purchase. That certificate is not a deed. The original owner still holds title and retains the right to redeem the property by paying off the debt plus interest during the statutory redemption period. For farmland in Illinois, that redemption period runs three years from the date of sale. That sounds like enough time, but the clock starts running from the tax sale date, not from when you discover the sale occurred. Illinois law also requires the certificate holder to notify the property owner before petitioning for a tax deed, but that notice can go unnoticed during the demands of an active divorce proceeding. If the redemption period expires without payment, the certificate holder can petition the Madison County Circuit Court for a tax deed. If the court grants it, title transfers to the purchaser and your farm is gone.

What divorce does to that timeline

A divorce proceeding and a tax deed action operate on completely separate tracks. Illinois courts divide marital property under an equitable distribution standard, and farmland acquired during the marriage typically qualifies as a marital asset subject to that division. But equitable distribution only applies to property that remains in the marital estate when the divorce finalizes. Here is where the two processes collide in ways that may catch you off guard:
  • If a tax deed transfers title to your farmland before the divorce is finalized, that asset leaves the marital estate entirely. The court cannot divide what no longer belongs to either spouse.
  • Both spouses hold an interest in marital property during a divorce, but the responsibility for paying property taxes on that land does not automatically transfer or pause because the marriage is ending. Taxes continue to accrue regardless of which spouse believed the other was handling them.
Missed payments during a divorce are not unusual. The danger is that the legal system treats them the same way it treats any missed payment.

What you can do to protect your land

Understanding where your farmland stands in the tax sale system right now is the first step. Madison County tax sale records are publicly available and show whether a certificate of purchase exists on your property and how much time remains in the redemption period. If your farmland has entered the tax sale system or if you have fallen behind on payments during a divorce proceeding, the redemption period and the divorce timeline both require attention at the same time. An attorney familiar with Illinois property tax law and divorce proceedings in Madison County can help you understand what both clocks are showing and what steps protect your land before either window closes.]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[Property and practice: How your business is handled in divorce]]> https://www.2buckleys.com/?p=47227 2026-03-16T05:57:11Z 2026-03-16T05:57:11Z Your private practice represents years of dedication, late nights and personal sacrifice. It is as much your steady source of income as it is your professional identity. Facing a divorce while running a business can feel worrisome. There are several things about your practice’s future that are uncertain. Understanding how Illinois law handles private businesses in divorce can help you protect what you have built.

How Illinois treats private practices in divorce

Illinois uses an “equitable distribution” approach. The court looks for a fair outcome, not necessarily a 50/50 split. A business can count as marital property if it grew or received support during the marriage. But certain legal details, like transmutation and goodwill, can change the outcome.
  • Marital vs. non-marital property (transmutation): If you started your practice before marriage, it is usually treated as non-marital. If marital funds were used for renovations, paying business debts, or other improvements, part of the practice may become marital property. Courts may ask for reimbursement to the marital estate for these contributions.
  • Enterprise vs. personal goodwill (goodwill distinction): If your practice has enterprise goodwill, like a strong brand, client base or location, it may be included in property division. If the value comes from personal goodwill, such as your unique skills or professional reputation, it is usually excluded and counted under maintenance or alimony instead.

Key points for dividing a private practice

Dividing a business requires careful planning. Keep these points in mind:
  • Valuation method: The court may use income-based, market-based or asset-based methods, which can change the business’s assigned value and what you or your spouse may receive.
  • Date of valuation: Courts usually value the business at trial or on an agreed-upon date, not necessarily the date of separation. This can change the outcome if the business grows or declines.
  • Buyout options: One spouse may buy out the other’s interest to help keep the business running and avoid splitting ownership.
  • Professional guidance: Accountants, appraisers or valuation experts can help make sure the business is valued fairly and correctly.
  • Tax considerations: Transfers or sales may have tax consequences that affect the final outcome of the property division.
Understanding these elements and acting on them can help protect your business while guiding you toward a fair resolution.

Protecting your business and your future

Dividing a private practice in divorce can be complex and create added stress. Understanding how Illinois law treats your business can help you make better decisions and reduce uncertainty. An experienced Illinois divorce attorney can guide you through the process and help you safeguard both your livelihood and your professional reputation.  ]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[Do working parents have a shot at custody? What you need to know]]> https://www.2buckleys.com/?p=47225 2026-02-13T09:22:21Z 2026-02-13T09:22:21Z Divorce can shake up every part of your life, and worrying about how it will affect your time with your child is natural. Working parents often wonder: “Will my job prevent me from being a full-time parent?” It’s normal to feel torn between earning a living and being there emotionally and physically. The reassuring truth is that in Illinois, courts do not automatically penalize parents for having careers. Judges focus on a child’s well-being when deciding the allocation of parental responsibilities. They consider stability, love and consistent engagement; qualities that working parents can clearly demonstrate.

How custody decisions work in Illinois 

In Illinois, custody is officially called the allocation of parental responsibilities. Courts weigh several factors when deciding how parenting time and decision-making should be shared. A parent’s work schedule is only one part of the picture. Judges often consider:
  • The child’s age and health
  • Emotional bonds with each parent
  • Each parent’s ability to provide a safe and supportive home
  • The child’s routine, schooling and special needs
Being a working parent does not automatically count against you. Courts understand that many families rely on dual incomes. They focus more on the quality of care a parent provides than on the number of hours spent at home.

Balancing work and parenting

Parents who work full-time can still demonstrate strong involvement in their child’s life. Thoughtful planning and consistency help show the court that you are committed. Some ways to highlight your engagement include:
  • Keeping regular routines for school, meals and bedtime
  • Attending extracurricular activities and important appointments
  • Arranging flexible work schedules when necessary
  • Communicating openly with the other parent about decisions and daily schedules
By showing you can meet your child’s needs while working, you reassure the court that your career does not interfere with parenting. Employment does not diminish your ability to provide love, stability and guidance. Understanding how Illinois courts handle allocation of parental responsibilities helps parents focus on what matters most: their child’s well-being. 

Balancing career and child care

Handling custody as a working parent can feel stressful. Yet your care and commitment matter far more than your job title. Speaking with an attorney can help you explore your options and prepare your case. With careful planning, working parents in Illinois can create arrangements that support both family life and career goals.]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[How responsibilities on the farm can affect parenting time]]> https://www.2buckleys.com/?p=47223 2026-01-20T07:22:15Z 2026-01-20T07:22:15Z How seasonal work cycles shape parenting schedules In Illinois, peak crop activity typically runs from April through late November. During planting and harvest seasons, a farming parent often works from dawn until well past sunset, making rigid standard possession schedules impractical. Illinois law allows parents to create customized plans. A parenting plan can include provisions that account for these seasonal shifts while still prioritizing the needs of the child.

What Illinois courts consider in farm family cases

When determining parenting time, Illinois courts focus primarily on what arrangement serves the child best. These factors include each parent's participation in caring for the child, the child's adjustment to home and school and the ability of both parents to cooperate. The court also considers the distance between residences and each parent's daily plans.

How to build parenting plan around farm life

Your parenting plan does not have to follow a rigid week-on, week-off format. Many farming families find success with arrangements that account for agricultural cycles. You might consider an agreement that gives you more parenting time during slower winter months. Your co-parent could then have additional time during your busiest planting or harvesting periods.

What options exist for modifying an existing plan

Unlike decision-making responsibilities, which are generally fixed for a two-year period, parenting time in Illinois is more flexible. A parent may request a modification at any time if circumstances change. State law does not require you to prove that the child is in immediate or serious danger in order to adjust the agreement. Instead, you must show that a material change in circumstances has occurred and that modifying the care plan would serve the child’s best interests. The most efficient way to modify a plan is through mutual agreement. When both parents can agree on a revised schedule, you may submit an agreed order to the court for approval, avoiding unnecessary litigation. If you cannot reach an agreement, you will likely need to attend court-ordered mediation to attempt to resolve the dispute before a judge will intervene. When mediation is not successful, the court will conduct an evidentiary hearing where you must present proof of the changed circumstances, such as work logs or operational changes, to justify why the current plan is no longer viable for your family.]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[3 FAQ about child support processes in Illinois]]> https://www.2buckleys.com/?p=47220 2026-01-16T00:35:05Z 2026-01-16T00:27:40Z What do the Illinois child support services do? The state’s Division of Child Support Services (DCSS) can help parents establish paternity, calculate their child support amounts, locate a non-custodial parent, monitor and record payments, enforce a child support order and more. The agency’s services are free and available for all parents and legal guardians. To seek their assistance on your active case, you may enroll online via their official website.

What if my ex stops sending their support payments?

If your ex is late on their support payments, you may ask the DCSS to enforce your child support order for you. In this process, they will utilize special collections options to obtain your ex’s past due support. Depending on the circumstances, these options may include bank liens, driver’s and/or professional license suspension, passport denial and federal and state tax offsets.

Can I modify my child support costs?

Yes, you can. To request for a modification of your child support costs, you may open a case with the DCSS or file a petition at the court that has jurisdiction over your children. Keep in mind that your request must be reasonable and come with proof that can justify your request. For instance, there must be a 20% change in the support amount for it to become eligible for a modification. Other valid reasons may include:
  • You or your ex got laid off or fired from the job
  • You or your is deployed in active military duty
  • You, your ex or one of your children become disabled
  • Your custody and visitation order changes
Alternatively, if your existing child support order is at least three years old, you may also request for a review and potential modification.

You and your children will be okay

Your child support order may be hard to follow when you and your children experience a notable change of circumstances. However, by understanding the rules and following the legal timeline, you can avoid setbacks in the process and adjust to your new situation with better flexibility.]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[Who gets the family business in an Illinois divorce?]]> https://www.2buckleys.com/?p=47217 2025-12-17T07:10:31Z 2025-12-17T07:10:31Z When you divorce in Illinois, you face uncertainty about the future of a family business. The business often serves as a major marital asset so you need to understand how Illinois courts divide its value.

How Illinois classifies business ownership

Illinois follows equitable distribution. Courts divide marital property fairly, not equally. A business you start during the marriage counts as marital property. A pre-marital business counts as non-marital property but any increase in its value during the marriage counts as marital and falls into the division. This classification matters because courts place the business inside the full marital estate. You may keep the company but the court may still divide the marital portion of its value through a buyout or other assets.

How courts evaluate contributions

Courts study each spouse’s role in the business. Your contribution does not need to be financial or managerial. Your household work can also add to the marital value. Courts often examine the following factors:
  • Founding effort: Who created the business.
  • Growth or sweat equity: Who expanded or managed it.
  • Marital effort: Who supported the family so the other spouse could work.
  • Prenuptial agreements: Whether pre-marital rights were defined.
These factors help courts identify the marital portion of the business and decide what division seems fair.

Business valuation in an Illinois divorce

A professional valuator sets the business’s fair market value. Experts use income, market or asset methods and the method depends on the company and its records. Courts use the valuation to find the marital share and to decide how to split it under Illinois law. An accurate valuation is important because Illinois Law (750 ILCS 5/503) requires marital property to be divided in just proportions. The statute also lists factors judges must weigh such as contributions, financial needs and the type of asset.

Options for handling the business

You have several paths once the marital value is identified. Here’s what you can do:
  • Buyout: One spouse keeps the business by paying the other for their share
  • Sale: The spouses sell the business and treat the proceeds as marital property
  • Continued co-ownership: Some spouses keep running the business under set roles
Each option may work differently based on money, valuation issues or future plans.

What you can do next

A business can complicate property division because courts must sort out contributions, value increases and debts. An attorney can help you review records, understand the valuation and decide which option protects your long-term interests. ]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[How business ownership affects custody arrangements in Illinois]]> https://www.2buckleys.com/?p=47215 2025-11-24T08:12:59Z 2025-11-24T08:12:59Z You sit in your lawyer’s office exhausted after a 14-hour day at your own marketing firm. The divorce papers lay on the desk between you two as your attorney asks about your work schedule and how you’ll manage parenting time.  You feel your chest tighten. Will running your own business mean losing parenting time with your child? If you own a business in Illinois, you may face unique challenges during your custody case. But you can safeguard your business and your bond with your child by learning how courts consider business ownership in these decisions.

Understanding the two types of child custody

Illinois courts focus on two types of child custody arrangements available for divorcing parents. First, having legal custody gives you the right to make important decisions about your child’s education, healthcare and upbringing. On the other hand, physical custody determines where your child will live and spend their time.  When you own a business, courts often pay close attention to your availability. Your demanding work hours can affect both types of custody. However, they can also consider your financial stability and ability to provide for your child’s needs.  Thus, the court would want to see you balance your business responsibilities and active parenting. Understanding these factors can help you prepare for the unique challenges you will face in your child custody battle. 

Unique challenges of balancing business and child care

As a business owner, you encounter obstacles that traditional employees rarely face in custody cases. These challenges can often feel overwhelming, but recognizing them early allows you to develop effective solutions. Some of these challenges include:
  • Complex travel requirements: You may need to attend client meetings, conferences or site visits across different cities or states and bringing your child along could be a big adjustment for you both. 
  • Unpredictable scheduling demands: Your business emergencies and urgent client needs can arise without warning.
  • Childcare coordination: You must arrange reliable childcare during your parenting time while managing company operations. 
  • Fluctuating income documentation: Courts require clear financial records, which become difficult when your earnings vary month to month. 
With the right preparation and guidance from a legal professional, you can turn these challenges into opportunities to demonstrate your commitment to the courts. 

Protecting your business and your rights

Consulting with a legal professional who understands family law can protect your business and your rights as a parent. They can help you come up with a detailed parenting plan that also addresses your business schedule.  Additionally, they can navigate important income documentation, protect your business assets during divorce and create custody arrangements that work for your unique situation. Thus, the right counsel can help you achieve a favorable outcome for both your business and your family.]]> On Behalf of Buckley & Buckley Law, P.C. <![CDATA[4 essential steps to safeguard high-value collectibles in divorce]]> https://www.2buckleys.com/?p=47213 2025-10-21T09:07:15Z 2025-10-21T09:07:15Z Dividing things you own in a divorce can feel stressful. Art, jewelry, antiques and collectibles make the process more complicated. These items often carry money and personal value. They can also hold strong personal meaning. Knowing how to protect them can help you avoid disputes and make the division fair. Here are four practical steps to help secure your high-value items.

1. Keep proof of ownership to establish what belongs to you

Collect papers that show who owns each item. Include receipts, insurance papers, appraisals and certificates of authenticity. If an item was a gift or inherited, include proof. Clear papers help show ownership, prevent disagreements and make it easier to settle conflicts if they arise.

2. Get official appraisals to determine accurate value 

High-value items can be hard to price correctly. Certified appraisers provide official, unbiased values. These values help divide items fairly and let one spouse buy out the other’s share if needed. Appraisals also create a record that third parties can use to support fair decisions.

3. List every valuable item to ensure nothing is overlooked 

Include all collectibles you own. Do not forget digital assets, overseas items or luxury goods. Hiding items can cause legal problems or weaken your position. Listing everything protects your rights, gives a clear view of assets and helps make the settlement fair. 

4.  Include items in the divorce agreement to secure ownership

Work with your attorney to include collectibles in the final agreement. You can divide items in-kind, arrange buyouts or place them in a trust. Writing agreements shows clear ownership now prevents conflicts later. These steps make the division process clear, fair and manageable, even in complex cases.

Protecting what matters to you

Dividing art, jewelry and collectibles does not have to feel overwhelming. Steps guided by law can protect your money and your personal items. Every divorce is different, and an experienced Illinois attorney can guide you. With the right guidance, your valuables can be handled fairly and with minimal conflict.]]>