What happens to frozen embryos during a divorce in Illinois?

Illinois courts prioritize written agreements between the parties, such as those with fertility clinics. If no agreement exists, courts apply the Szafranski balancing test to evaluate each spouse's reproductive rights.

What if my ex-partner wishes to use our embryos without my consent, Can I stop them?

If you have expressed your objection in writing, courts generally uphold that decision.

Can a genetic contributor (donor) claim custody rights?

A genetic contributor may only claim custody if there is evidence of a parental role - such as written agreements or financial support.

Author: Jessica Marshall

Understanding Embryo Custody and Parentage Disputes in Illinois Divorce

Posted By Jessica Marshall

Published March 17, 2025

Categorized as Family Law, Same Sex Divorce

For couples who use assisted reproduction technology (ART), divorce can bring unique legal challenges. Disputes over frozen embryos, parentage, and custody often require the intervention of Illinois family courts. For families facing divorce with ART-related concerns, Illinois courts apply established legal standards to resolve these issues. At Anderson Boback & Marshall, we guide clients through ART-related disputes divorce and custody disputes,

Too Soon to Call a Divorce Lawyer? Think Again

Posted By Jessica Marshall

Published March 12, 2025

Categorized as Divorce

Deciding whether to consult a divorce lawyer can be intimidating, especially if you’re unsure about your future. Many people hesitate, assuming it’s only necessary after a decision to divorce has been made. However, seeking legal advice early, even before you’ve finalized your plans, can provide essential clarity and safeguard your interests. Timing matters when it

Understanding the Common Causes of Divorce in Illinois

Posted By Jessica Marshall

Published March 3, 2025

Categorized as Divorce, Divorce Tips

Divorce challenges you emotionally. It also creates a legally complex process that affects individuals and families in many ways. The Illinois divorce rate is 1.1 divorce per 1,000 people as of 2022. For Illinois couples, understanding the common causes of divorce and how the State handles these situations is essential for making informed decisions.

Top 5 Factors Affecting Property Division in Illinois Divorce

Posted By Jessica Marshall

Published February 1, 2025

Categorized as Divorce, Property Division

Dividing property during a divorce can be one of the most challenging aspects of the process. In Illinois, understanding the factors affecting property division is crucial for anyone concerned about protecting their assets and securing their financial future. The courts follow the equitable distribution statute, 750 ILCS 5/503, which means property is divided fairly—but not necessarily equally.

Am I Entitled to Money From the Marital Home in an Illinois Divorce?

Posted By Jessica Marshall

Published January 29, 2025

Categorized as Divorce, Property Division

When facing a divorce, one of the biggest concerns is whether you are entitled to receive money from the marital home. In Illinois, the division of property in divorce, including your home, follows the principle of equitable distribution, which means the court divides assets fairly, but not necessarily equally. The home is often a significant

How Inflation Could Impact My Chicago Divorce

Posted By Jessica Marshall

Published January 27, 2025

Categorized as Divorce

Inflation impacts nearly every aspect of life, from rising prices for everyday necessities to increased financial uncertainty. If you’re divorcing or revisiting divorce agreements, inflation can also affect key financial decisions, including alimony, child support, and property division. Understanding how inflation shapes divorce outcomes is essential to protecting your financial future. With careful planning, you