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Frequently
Asked
Questions
Frequently Asked Questions About Divorce and Family Law in Illinois.
1
Getting Started with Divorce & Family Law
Not every divorce requires an attorney, but many involve legal, financial, or parenting issues that benefit from experienced guidance. Even in amicable situations, having an attorney helps ensure that your agreement is complete, enforceable, and protects your long-term interests.
The timeline depends on the level of agreement between the parties. Some cases resolve in a matter of months, while others take longer if there are disputes involving children, finances, or complex assets.
An uncontested divorce means both parties reach agreement on all issues. A contested divorce involves disagreements that require negotiation, mediation, or court involvement.
The process begins with filing a petition for dissolution of marriage. From there, the case moves into financial disclosures, temporary arrangements if needed, and either negotiation or litigation toward a final resolution.
Costs vary depending on complexity, level of conflict, and the process used. Cases involving children, business interests, or significant assets typically require more time and resources than simpler matters.
Clear, straightforward answers to common questions about divorce and family law in Illinois. Every situation is different, but these answers can help you understand what to expect and how to begin.
2
Children & Parenting
Courts focus on the child’s best interests, considering factors such as each parent’s involvement, the child’s needs, and the ability of the parents to cooperate in decision-making.
Illinois uses this term instead of “custody.” It refers to how major decisions about a child’s education, healthcare, religion, and activities are made, as well as how parenting time is divided.
A child’s wishes may be considered depending on age and maturity, but they are only one factor among many. The court ultimately determines what arrangement serves the child’s best interests.
If parents are unable to reach agreement, the court will establish a parenting plan after considering the relevant statutory factors.
Relocation cases are governed by specific Illinois statutes. The parent seeking to relocate must meet legal requirements and, in many cases, obtain either agreement from the other parent or approval from the court.
3
Financial Issues in Divorce
Marital property generally includes assets and debts acquired during the marriage, regardless of whose name they are in. Certain assets may be considered non-marital depending on how and when they were acquired.
Illinois follows an equitable distribution model, meaning property is divided fairly, though not necessarily equally, based on a range of factors.
Maintenance is financial support paid by one spouse to the other, either temporarily or long-term, depending on the circumstances of the marriage and the parties.
Illinois uses an income shares model that considers both parents’ incomes and the amount of parenting time exercised by each parent.
Courts require full financial disclosure. If there are concerns about undisclosed assets, additional investigation and legal tools may be used to identify and value those assets.
4
Process & Approach
Mediation involves working with a neutral third party to reach agreement. Collaborative divorce is a structured process where both parties and their attorneys commit to resolving issues outside of court. Litigation involves court proceedings when agreement cannot be reached.
The appropriate approach depends on the level of conflict, complexity of finances, and willingness of both parties to cooperate. Some cases benefit from a cooperative process, while others require a more structured or court-driven approach.
Not always. Many cases are resolved through negotiation or alternative dispute resolution. However, court involvement may be necessary if agreements cannot be reached.
High-conflict matters often require clear boundaries, structured communication, and careful case management to reduce escalation and keep the focus on resolution.
It is often helpful to gather financial documents, understand your assets and debts, and consult with an attorney to discuss your options and develop a plan.
5
Working With Our Firm
Your consultation is an opportunity to discuss your situation, ask questions, and begin outlining potential next steps. We focus on understanding your goals and providing clear, practical guidance.
Bringing recent financial information, a general overview of your situation, and any immediate concerns will help make the meeting as productive as possible.
Most family law matters are handled on a retainer basis, with fees billed against that retainer as work is completed. We discuss fees and expectations at the outset so you have a clear understanding.
We prioritize clear, timely communication and will outline how updates, documents, and questions are handled throughout your case.
Yes. We offer both in-person and virtual consultations to accommodate your schedule and preferences.
6
After the Divorce
Certain aspects of a judgment, such as parenting arrangements or support, may be modified if there has been a substantial change in circumstances.
Enforcement actions may be available to address noncompliance with court orders.
Yes, under appropriate circumstances. The court will consider whether a modification is justified based on changes since the original order.
Life changes such as job loss, relocation, or changes in a child’s needs may warrant revisiting aspects of the original judgment.
Still have questions?
Every family’s situation is different. If you would like to discuss
your circumstances in more detail, we are here to help.
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