Illinois Family Law & Divorce FAQ

Divorce • Parenting • Support • Property

Illinois family-law cases often involve several issues at the same time: ending the marriage, dividing property and debts, determining support, and—when children are involved—allocating parenting time and decision-making responsibilities.

What Are the Basic Illinois Divorce Requirements?

Illinois law imposes residency requirements before a court may enter a divorce. Whether the requirement is satisfied depends on the parties’ circumstances and the current statute. Illinois uses irreconcilable differences rather than traditional fault grounds.

If spouses have lived separate and apart for at least six continuous months immediately before entry of judgment, Illinois law creates an irrebuttable presumption that the irreconcilable-differences requirement has been met.

What Is the Difference Between Contested and Uncontested Divorce?

An uncontested divorce generally means the spouses have resolved the issues that must be addressed. A contested case requires negotiation, motion practice, mediation, hearings or trial on one or more disputed issues.

How Does Illinois Divide Property and Debt?

Illinois distinguishes marital property from non-marital property. Property and debts acquired during the marriage are generally presumed marital unless a statutory exception applies, such as certain gifts, inheritances or qualifying premarital property.

The court divides marital property in just proportions after considering the statutory factors. That does not necessarily mean 50/50.

How Is Parenting Time Decided?

Illinois courts allocate parenting time according to the child’s best interests. The statute considers factors such as the child’s needs, past caretaking, adjustment to home and school, the parents’ schedules and distance between residences, and other relevant circumstances.

Read more: How Are Parenting Time and Decision-Making Decided in Illinois? →

The law generally presumes both parents are fit unless the evidence supports restrictions under the statutory standards.

Who Makes Major Decisions for a Child?

Illinois refers to this as allocation of significant decision-making responsibilities. Major areas can include education, health care, religion and extracurricular activities. The court can allocate responsibility to one parent or both based on the child’s best interests.

How Is Child Support Determined?

Illinois uses statutory child-support guidelines that consider the parents’ incomes and parenting arrangement, along with health insurance, child-care costs and other expenses or circumstances addressed by the statute.

The correct calculation depends on the actual income information and parenting schedule.

Is Maintenance Automatic?

No. The court first determines whether maintenance is appropriate after considering factors such as income, property, needs, earning capacity, impairment of earning capacity, duration of the marriage and other statutory considerations.

If maintenance is appropriate, guideline rules may apply in qualifying cases; other cases may require a non-guideline analysis.

What Are Temporary Orders?

While a divorce or family case is pending, temporary orders can address issues such as parenting time, decision-making, support, maintenance, possession of property and other immediate needs until a final judgment is entered.

Can Orders Be Modified Later?

Some parenting, support and maintenance orders can be modified when statutory requirements are satisfied. Property provisions in a divorce judgment are generally final rather than routinely modifiable.

Where Does Mediation Fit?

Mediation can help parties resolve parenting, financial or other disputes without requiring the judge to decide every issue. It can reduce conflict and narrow disagreements, but a mediator does not replace independent legal advice for either party.

What Information Can Be Useful at a Family-Law Consultation?

Useful information can include court papers, prior orders, income information, tax returns, property and debt statements, retirement-account information, deeds, parenting schedules and any written agreements already discussed.

Family Law & Divorce in Belvidere and Northern Illinois

The Law Offices of Wendi J. Wade assists clients with divorce, family law, parenting disputes, support, property issues and mediation from its Belvidere office.

Learn more about the firm’s Family Law, Divorce & Separation, and Mediation services.