Divorce Law in Illinois
Are you dealing with an expensive separation in Illinois? Has your estranged spouse already retained legal counsel?
Many couples find it difficult to reach fair compromises on property, finances, or children on their own. As a result, mediation or court intervention is frequently required to resolve disputes.
Issues Involved in Illinois Divorce Law
Divorce brings a long list of legal and emotional matters that must be settled before a marriage can be dissolved. These issues often stir frustration or conflict for one or both spouses.
Dividing Property
Property division is one of the most challenging aspects of divorce. In many states, including Illinois, most assets and debts acquired during the marriage are considered marital property. This can include:
- Homes and vehicles
- Investment and retirement accounts
- Bank accounts and savings
- Stocks, valuables, and other assets
Some states divide everything evenly, while others use equitable distribution. Under equitable distribution, the judge evaluates each spouse’s financial contributions, future earning potential, and other factors to determine how property and debt should be divided. This does not always result in a perfect 50/50 split.
Child Support
Both parents must contribute financially to their children’s needs. Support payments exist to cover food, clothing, health care, education, and other everyday expenses.
In Illinois, the Department of Healthcare and Family Services follows a two-part calculation. First, it estimates the monthly cost of raising a child in a two-parent home. Then, the calculation applies a 1.5% multiplier to determine how much a parent may owe. These payments are legally enforceable and cannot be ignored without serious consequences.
Alimony
Alimony, also known as spousal support, offers financial stability to a spouse who earns significantly less. Courts in Illinois consider many factors before awarding alimony, such as:
- A spouse’s financial need versus the other’s ability to pay
- The age and health of both spouses
- Length of the marriage
- Job history, education, and potential earning power
- The final outcome of property division
- Childcare responsibilities
- Separate assets or investments owned by each spouse
Illinois law recognizes four types of alimony: temporary support, fixed-term support, reviewable support, and permanent support. However, state guidelines prevent alimony from creating a situation where one spouse ends up with more than 40% of the couple’s combined income.
Child Custody and Visitation
Custody matters are often the most emotionally intense part of divorce. Courts make decisions based on the best interests of the child, not the preferences of either parent.
The Illinois General Assembly outlines factors judges must consider when determining a child’s best interests, including:
- Emotional and physical well-being
- Parental relationships and involvement
- Time and stability each parent can provide
Illinois courts typically award joint legal custody, allowing both parents to make major decisions about education, medical care, religion, and other important matters. Legal custody is separate from physical custody or visitation. A parent without legal custody may still receive meaningful parenting time.
The Process of Going Through Divorce Law in Illinois
If you are planning to file for divorce, it helps to understand how the legal process works.
Step 1: File the Divorce Petition
A spouse begins the case by filing a petition to end the marriage. That document must include:
- Legal grounds for divorce
- Proof that residency requirements are met
- Any other information required by statute
Illinois is now a pure no-fault divorce state, meaning spouses can only cite irreconcilable differences. The court does not consider accusations like adultery or abandonment as legal grounds.
Step 2: Request Temporary Orders
Because some divorces take months to resolve, spouses can ask the court for temporary orders involving:
- Child support
- Child custody
- Spousal support
- Protection of property
- Status quo rulings
Temporary orders help both spouses maintain stability while the case is pending.
Step 3: Serve Your Spouse and Wait for Their Response
Whoever files the petition must make sure the other spouse is formally served with the paperwork. If the spouse agrees to accept service, they can sign an affidavit. If not, a sheriff or licensed process server will deliver the documents and file proof of service with the court.
Step 4: Try to Come to an Agreement
An uncontested divorce occurs when both spouses agree on all issues, including custody, property division, and support. This is typically faster, cheaper, and less stressful. Mediation is often used to help both sides reach a resolution.
Step 5: Go to Court
If no agreement can be reached, the case proceeds before an Illinois judge. Court involvement can provide closure, but it also means the spouses lose control over many decisions. Many Illinois divorce actions are heard in District Courts. Those in the Chicago area may appear before judges at the Cook County Courthouse.
Step 6: Receive the Judgment of Divorce
The process ends when the judge issues a final judgment of divorce. This document legally dissolves the marriage and outlines decisions about property, debt, custody, visitation, and support.
Work With an Experienced Illinois Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Illinois divorce law attorney.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Illinois state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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