Chicago Divorce Lawyers

If you are considering a divorce or are ready to begin the process, it’s helpful to understand the basics of what to expect along the way.

To start a divorce, one spouse needs to file a petition in the county where either they or their spouse lives. For example, if you live in Chicago, you would file in Cook County or in the county where your spouse lives if it’s different.

Some states require you to live there for a certain period before filing for divorce, but Illinois makes it easier. You can file your petition right away without a residency requirement. However, a judge won’t finalize the divorce until at least one spouse has lived in Illinois for at least 90 days.

Illinois refers to divorce as “dissolution of marriage.” There are generally three types of divorce in Illinois:

• Contested formal dissolution
• Uncontested formal dissolution
• Joint simplified dissolution

Illinois no longer offers a traditional “fault” divorce, which involves one spouse proving certain misconduct by the other spouse. The only basis for a divorce in Illinois is “irreconcilable differences,” often described as a “no-fault” divorce. The court must find that irreconcilable differences have resulted in the irretrievable breakdown of the marriage and that efforts at reconciliation have failed or future attempts to reconcile would not be in the best interests of the family. If the spouses live separate and apart for a continuous period of at least six months before the judge enters the divorce order, this automatically meets the requirement of irreconcilable differences.

A divorce is considered “uncontested” if the spouses agree on all the terms of the divorce, while it is considered “contested” if they do not agree on everything. Certain couples who agree on everything may qualify for a streamlined procedure called a joint simplified dissolution. Some of the requirements for this process include:

• The marriage lasted no longer than eight years
• The spouses have no children
• Each spouse waives the right to support from the other spouse
• Neither spouse has any interest in real estate
• The total value of all the marital property is less than $50,000 after deducting any debts

Some spouses may consider an alternative to divorce called legal separation. This means that the spouses remain legally married, but they live separate and apart. A court entering a judgment for legal separation may address issues such as the division of marital property, spousal support, and child custody and support. Spouses may find legal separation attractive for religious or financial reasons. If either of them wants to marry someone else, though, they will need to get a divorce.

A judge issuing a divorce order may need to divide the marital property of the spouses. This consists of most property acquired during the marriage. (Exceptions include gifts and inheritances specific to one spouse.) The non-marital property of each spouse stays with that spouse after the divorce.

In dividing marital property, the judge will use an approach called “equitable distribution.” This means that they will divide the property in a way that the judge considers fair but not necessarily equal. Some factors that a judge may consider in dividing property include:

• The length of the marriage
• The economic circumstances of each spouse
• The age, health, occupation, amount and sources of income, vocational skills, employability, and needs of each spouse
• The reasonable opportunity of each spouse for future acquisition of assets and income
• The value of the property assigned to each spouse
• Any child custody arrangement
• Tax consequences
• Any obligations and rights arising from a prior marriage of either spouse

A judge cannot consider any marital misconduct by a spouse as a factor in dividing property.

Illinois refers to support paid by one ex-spouse to the other as “maintenance.” A judge may order maintenance if they find this appropriate under the circumstances. Some factors that may affect the decision include:

• The income and property of each spouse
• The needs of each spouse
• The present and future earning capacity of each spouse
• The length of the marriage
• The standard of living during the marriage
• All income sources of each spouse
• The time necessary for the recipient spouse to acquire appropriate education, training, and employment

State law provides guidelines for calculating the amount of maintenance, although a judge may deviate from the guidelines in certain situations. If the judge follows the guidelines, the amount of maintenance is calculated by taking one-third of the paying spouse’s net annual income and subtracting one-quarter of the recipient spouse’s net annual income. However, adding the maintenance amount to the net income of the recipient must not exceed 40 percent of the combined net income of the spouses. The statute also provides a formula for calculating the duration of maintenance based on the length of the marriage.

If the spouses share minor children, the judge also will need to address matters traditionally known as “child custody.” Illinois now uses the term “parental responsibilities” instead. This consists of two main components: decision-making (traditionally called “legal custody”) and parenting time (traditionally called “physical custody”).

Decision-making refers to the responsibility of each parent to make decisions that affect key aspects of the child’s life, such as education, health, religion, and extracurricular activities. Parenting time refers to the time during which the child lives with each parent. For both decision-making and parenting time, the court will prioritize the best interests of the child. Some factors that go into both determinations include:

• The wishes of the child
• The wishes of the parents
• The needs of the child
• The child’s adjustment to their home, school, and community
• The mental and physical health of the child and the parents
• Any prior agreement or course of conduct between the parents
• Any history of domestic violence

In addition, a judge may order a parent to pay child support. Illinois uses an “income shares” model for child support, which accounts for the income of both parents. A judge generally must follow the state child support guidelines unless they find that this would be inappropriate. Calculating the basic child support obligation involves determining each parent’s monthly net income and adding them together before finding the appropriate corresponding amount on the schedule of basic child support obligations devised by the Illinois Department of Healthcare and Family Services. The judge then will calculate each parent’s percentage of the basic child support obligation. A distinctive calculation applies when the parents have shared physical care of the child, which means that they stay with each parent for at least 146 overnights per year.

The Illinois Supreme Court Commission on Access to Justice has approved certain forms that a spouse petitioning for a standard divorce must file. The Cook County Clerk of Court lists the required forms. Spouses who share children will need to file a different set of forms from those for spouses who do not.

If the non-filing spouse did not submit a document called an entry of appearance, the filing spouse will need to arrange for service of process on the non-filing spouse. If the non-filing spouse lives in Cook County, the filing spouse can take the petition and a summons to the Cook County Sheriff’s Office and ask to have these papers delivered to the non-filing spouse. If the non-filing spouse lives in a different county, the filing spouse can ask the sheriff in that county to deliver the papers to the non-filing spouse and send an affidavit of service to the Cook County Circuit Court. The non-filing spouse has 30 days to respond after service of process.

Spouses filing for a joint simplified dissolution will need to complete a distinctive set of forms. The Cook County Clerk of Court provides instructions for these forms.

If the divorce is uncontested, the spouses will attend a court date at which they provide the judge with certain required forms and describe the details of their agreement. The judge likely will approve the agreement and sign the forms, which will become a legally binding order.

On the other hand, if the divorce is contested, each spouse will go to court and present arguments for their preferred outcome. The judge may make an order at that hearing, or they may need more time to consider their decision. Sometimes a judge will set up a later hearing if they need more information about one or more aspects of the divorce before making a decision.

Courts and other organizations can provide assistance to people setting out on the path toward a divorce.

The Cook County Circuit Court manages certain programs called Family Court Services, many of which focus on issues involving children. These include mediation services, in which the spouses can discuss their plans for their children in a calm, non-adversarial setting. A neutral third party called a mediator, facilitates the discussion but cannot impose an outcome on the spouses. Family Court Services programs also include child custody evaluations that can guide a judge in allocating parental responsibilities and parenting time. A forensic evaluator will assess issues such as the needs of a child and the ability of a parent to meet them.

In addition, spouses in a divorce with children must attend a parent education program provided by Family Court Services. This helps spouses guide their children through the aftermath of the divorce and become amicable, effective co-parents.

If either spouse experienced domestic violence, they may call the City of Chicago Domestic Violence Help Line 24/7 at 877-863-6338. Domestic violence advocates respond to these calls, offering information, counseling, and referrals to community providers. The Women’s Leadership and Resource Center at the University of Illinois-Chicago also provides resources for people who have experienced domestic violence. These include social service organizations that can supply shelter, advocacy, or counseling.

For general information about the process of divorce, you can explore the Divorce Law Center in the Justia Legal Guides. You can find more details about Illinois law in our 50-state surveys on the following topics related to divorce:

• Uncontested divorce
• Property division
• Maintenance (alimony)
• Parental responsibilities (child custody)
• Child support
• Legal separation

If you have a specific question about a divorce in Illinois, you can use our Justia Ask a Lawyer platform. Local attorneys review questions submitted there and provide some basic insights. (Note that communicating with an attorney on Justia Ask a Lawyer does not create an attorney-client relationship.) If you are ready to consult a Chicago divorce lawyer, you can use the Justia Lawyer Directory to find a lawyer who fits your needs.

Divorce cases in Chicago go before the Domestic Relations Division of the Cook County Circuit Court. Its main location is at:

You can reach the Domestic Relations Division at 312-603-3025.

Whichever type of divorce you intend to pursue, consulting a Chicago divorce lawyer can make a huge difference. Divorce laws vary by state, and a divorce lawyer familiar with the laws and case outcomes, as well as other lawyers and judges in the locality in which you will get a divorce, can counsel you on the right course of action for your specific circumstances.

During a contested divorce, an attorney can advise and advocate for a spouse in pre-trial negotiations or mediation. If the case proceeds to trial, they can present the spouse’s position in the most favorable light while countering arguments raised by the other spouse. They can gather and develop evidence, such as documents and witness testimony. They may even have experience with the particular judge overseeing the case, giving them insight into the types of arguments that may persuade that judge. An attorney also can ensure that the case stays on track, complying with procedural rules that an ordinary person might not understand.

Even if you think that you agree with your spouse on all the terms of the divorce, you may want to get professional legal advice before finalizing the divorce to make sure that you are not overlooking or misunderstanding any implications of the agreement. In general, getting a lawyer on your side can reduce the stress of the process, especially when you have strong feelings about your spouse or want to minimize contact with them.

When searching for a divorce attorney, you should look for someone who is experienced in the types of issues that likely will arise in your case. You should check their record as a member of the Illinois State Bar. A history of major violations should make you think twice about hiring that attorney, although a small infraction may not warrant excluding them from consideration.

You should visit the attorney’s website and look through the results that they have achieved in cases similar to yours. Client testimonials and reviews by peer attorneys may also provide insights into a lawyer’s specific strengths.

Divorce lawyers generally offer initial consultations to potential clients. You can bring some of your main questions and concerns to this conversation. This can allow you to assess whether the attorney seems knowledgeable and whether they communicate well. More broadly, the consultation allows a prospective client and an attorney to evaluate whether they are the right personality fit for each other.

Before hiring an attorney, you will want to understand the fee arrangement. This may involve a simple fixed fee or an hourly charge. They may ask you to pay a retainer fee upfront at the beginning of the relationship. If you are concerned about your ability to pay for a particular attorney, you can ask whether they offer payment plans.