Chicago Divorce Attorney

Facing the end of your marriage can bring uncertainty, stress, and difficult decisions about your future. You may be wondering how property will be divided, what happens to your children, or whether you can afford to start over. These concerns are valid, and you need clear answers from someone who understands both the law and what you are going through. Having a Chicago divorce lawyer who knows how courts in Cook County handle these cases can make a substantial difference in the outcome.

Molly Caesar and Michael Ian Bender, Chicago family law attorneys and founders of Caesar & Bender, LLP, have nearly 50 years of combined experience handling divorce cases. Together, they have handled everything from amicable settlements to high-conflict litigation involving substantial assets and contested custody disputes.

This guide explains what grounds Illinois recognizes for divorce, how property and debts are divided under state law, what factors courts consider when allocating parental responsibilities and parenting time, how spousal maintenance is calculated, and what the divorce process looks like from filing to final judgment.

Call Caesar & Bender, LLP at (312) 236-1500 to speak with Molly Caesar or Michael Ian Bender about your case.

Genuine, Deeply Felt Passion for Justice

We focus on every detail because we know that details can pivot a case

Honest. Organized. Above & Beyond

The most skilled, organized, HONEST and above board firm and team of SEASONED, Caring ABOVE AND BEYOND group of Earth 🌎 Bound Angels 😇 that we were Blessed to find. Having to deal with a Narcissist who only cares about the ” Fight…

Cathy Cureton

Highly Skilled Family Law Advocates Who Truly Care

Bespoke strategy for every client, every family, every case

What Are the Grounds for Divorce in Illinois?

Illinois operates as a no-fault divorce state. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401), the only ground for divorce is irreconcilable differences. This means you do not need to prove your spouse committed adultery, abandoned you, or engaged in any wrongdoing. The court focuses on whether the marriage has broken down to the point where it cannot be salvaged.

To file for divorce based on irreconcilable differences, you must show that you and your spouse have lived separate and apart for a continuous period of at least six months before the court enters a judgment of dissolution. Living separate and apart does not require separate residences. Couples can live in the same home while maintaining separate lives, meaning no meaningful communication, separate bedrooms, and functioning essentially as roommates rather than spouses.

Additionally, at least one spouse must have been a resident of Illinois for 90 days immediately before filing the petition for dissolution of marriage or at the time the court enters a judgment for dissolution. This residency requirement ensures Illinois courts have jurisdiction over the divorce.

Key Takeaway: Illinois requires only irreconcilable differences as grounds for divorce, with no need to prove fault. You must live separate and apart for six months before the court finalizes your divorce.

If you are ready to begin the divorce process or have questions about whether your situation meets the legal requirements, Molly Caesar and Michael Ian Bender can review your circumstances and explain your options. Call (312) 236-1500 to discuss your case with Caesar & Bender, LLP.

Responsive Counsel: Every Call Answered, Every Concern Addressed

Mr Bender navigated a Child Custody case for us with Honor and Fairness. Mr Bender prioritized the well being of his Client with Compassion. Bender Law Firm was very professional. Mr Bender and Staff always called back and answered every…

Daniel Vaci

How Long Does It Take to Get Divorced?

The duration of a divorce in Cook County depends on whether you and your spouse can reach an agreement on all issues or whether the court must resolve disputes through litigation. An uncontested divorce, where both parties agree on property division, parenting arrangements, support, and all other matters, typically takes approximately 60 to 90 days from the date of filing to final judgment. However, this timeline assumes all paperwork is properly prepared and filed, and the court has availability for the final hearing.

Contested divorces take considerably longer. When spouses disagree about child custody, property division, or spousal maintenance, the case proceeds through multiple stages, including discovery, temporary orders hearings, pretrial conferences, and potentially a full trial. Discovery allows both parties to exchange financial documents, take depositions, and gather evidence. This phase alone can take several months. Contested divorces in Cook County commonly take 12 to 24 months or longer to resolve, depending on the complexity of the issues and the court’s schedule.

Several factors affect how long your divorce will take:

Level of cooperation: Couples who are willing to negotiate and compromise resolve cases faster than those who fight over every detail.
Asset complexity: High-net-worth divorces involving businesses, multiple properties, or complex investments require valuations and forensic accounting, which extends the timeline.
Parenting disputes: Contested custody cases may require guardian ad litem appointments, custody evaluations, and multiple hearings.
Court availability: Cook County courts handle thousands of cases. Judges may have limited availability for trial dates, which can result in a delay in the final resolution.

Key Takeaway: Uncontested divorces in Chicago typically finalize within 60 to 90 days, while contested cases can take 12 to 24 months or longer, depending on the complexity of issues and willingness to negotiate.

Caesar & Bender, LLP helps clients move through the divorce process efficiently while protecting their interests. Contact our office at (312) 236-1500 to discuss your timeline and options.

Highly Skilled Advocates in Family Law

We focus on every detail because we know that details can pivot a case

Trusted by Attorneys for Divorce & Custody

I served as a witness in a friend’s parentage case. I am an attorney myself. My friend has been needlessly dragged through Court for 4 years at this time. In that period, I have witnessed him seek counsel from other less professional and qualified…

Joe Kramer

Dedicated to Complex Family Law Situations

Nearly 50 Years Combined Family Law Experience

Divorce Attorneys in Chicago – Caesar & Bender, LLP

Molly Caesar, Esq.

Molly Caesar founded Caesar & Bender, LLP with a focus on representing clients in complex family law matters throughout Cook County. She earned her J.D. from DePaul University College of Law, graduating summa cum laude and receiving induction into the Order of the Coif. During law school, she received multiple CALI Awards for Excellence. Before founding the firm, she worked at a prominent practice where she developed her litigation skills.

Molly brings a unique perspective to family law through her background in psychology and social work. This foundation helps her understand the emotional and interpersonal dynamics that affect divorce and custody cases. She takes a client-focused approach, providing direct communication throughout the legal process. Molly has been recognized as a Super Lawyers and named one of the National Trial Lawyers Top 40 Under 40. She serves as an adjunct professor at DePaul University College of Law and sits on the Family Law Advisory Board. Molly also served as president of the North Suburban Bar Association.

Michael Ian Bender, Esq.

Michael Ian Bender co-founded Caesar & Bender, LLP after serving as a Circuit Court of Cook County Domestic Relations Judge. During his judicial career, he presided over more than 40,000 family law proceedings. His experience on the bench gives him invaluable insight into how courts evaluate evidence, assess witness credibility, and make decisions in divorce and custody cases.

Michael is the author of Protecting Children: Bettering the World One Child at a Time, which draws from his judicial experience to guide parents, attorneys, and judges in minimizing the impact of family conflict on children. He has been recognized by Leading Lawyers and Best Lawyers in America for his contributions to family law. Michael has appeared on national media outlets, including ABC 7 Chicago, Fox 32, WGN Radio, and has been featured in the Chicago Tribune. Beyond his legal practice, Michael has held leadership positions with the Illinois Holocaust Museum and Education Center, the Decalogue Society of Lawyers, and the Skokie Park District.

Steady Guidance Through a Long, Difficult Divorce

Molly Caesar was an excellent attorney, a voice of reason, and a great support during my very drawn-out, traumatic divorce. She kept me sane and the divorce moving forward. Her experience and knowledge of the process were indispensable…

Sarah Halverson

How Does Illinois Divide Property and Debts in Divorce?

Illinois follows the principle of equitable distribution when dividing marital property and debts. Equitable property division does not mean equal. Instead, courts aim to divide assets and liabilities fairly based on the circumstances of each case. Under 750 ILCS 5/503, the court considers multiple factors to determine what constitutes an equitable division.

What Is Marital Property?

Marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name appears on the title or account. This encompasses:

Real estate purchased during the marriage
Retirement accounts and pensions earned during the marriage
Bank accounts and investment portfolios
Business interests acquired or increased in value during the marriage
Vehicles, furniture, and personal property
Debts incurred during the marriage, including mortgages, credit cards, and loans

What Is Non-Marital Property?

Non-marital property, also called separate property, remains with the spouse who owns it and is not subject to division. Non-marital property includes:

Assets owned before the marriage
Property acquired by gift or inheritance during the marriage
Property acquired in exchange for non-marital property
Property designated as non-marital in a valid prenuptial or postnuptial agreement
Property acquired after a judgment of legal separation

However, non-marital property can become marital property through commingling. For example, if you deposit inheritance money into a joint bank account and use it for household expenses, the court may determine it has become marital property.

Factors Courts Consider

When dividing property, Illinois courts evaluate these statutory factors:

Factor	Description
Length of marriage	Longer marriages typically result in more equal divisions
Economic circumstances	Each spouse’s income, assets, and earning capacity
Contributions	Both financial and non-financial contributions, including homemaking and childcare
Prenuptial agreements	Valid agreements that specify property division terms
Age and health	Physical and emotional well-being of each spouse
Occupation and employability	Career prospects and professional licenses
Tax consequences	Impact of property division on each party
Dissipation of assets	Whether one spouse wasted or hid marital assets

Key Takeaway: Illinois courts divide marital property equitably, not equally, based on multiple statutory factors. Non-marital property remains with the spouse who owns it, but commingling can convert separate property into marital property.

If you own a home, business, or substantial assets and need guidance on protecting your interests in a divorce, Caesar & Bender, LLP can analyze your marital estate and develop a strategy for fair division. Call (312) 236-1500 to discuss property division with Molly Caesar or Michael Ian Bender.

What Factors Do Illinois Courts Consider for Child Custody?

Illinois no longer uses the term custody. Instead, the law refers to it under the umbrella of “parental responsibilities”, which includes both decision-making authority and parenting time and visitation. Under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, Illinois courts must allocate parental responsibilities according to the best interests of the child.

Decision-Making Responsibilities

Decision-making authority refers to the right to make significant decisions about a child’s life, including:

Education (school choice, special education services)
Healthcare (medical treatment, mental health care, dental care)
Religion (religious upbringing and activities)
Extracurricular activities (sports, music, clubs)

Courts can allocate decision-making jointly (both parents share authority) or solely (one parent has authority). The court may also allocate different areas of decision-making to different parents. For example, one parent might have sole authority over education decisions while both parents share healthcare decisions.

Parenting Time

Parenting time refers to the schedule of when the child spends time with each parent. Illinois law presumes that both parents should have significant parenting time unless evidence shows that contact with a parent would endanger the child’s physical, mental, or emotional health.

Best Interest Factors

Courts consider these factors when determining the allocation of parental responsibilities:

Each parent’s wishes
The child’s wishes (courts give more weight to older children’s preferences)
The child’s adjustment to home, school, and community
The mental and physical health of all parties
The child’s relationship with parents, siblings, and other significant individuals
Any history of violence or threat of violence
Each parent’s willingness to facilitate and encourage the child’s relationship with the other parent and the ability of each parent to place the needs of the child above their own
The distance between the parents’ residences and each parent’s and the child’s daily schedules
The ability of the parents to cooperate
Whether either parent is a sex offender
Each parent’s participation in past caretaking responsibilities and decision making
Any other relevant factor

Key Takeaway: Illinois courts allocate parental responsibilities based on the child’s best interests, considering factors such as each parent’s past involvement in caregiving, the child’s relationships, and each parent’s willingness to support the other parent’s relationship with the child.

Caesar & Bender, LLP represents parents in contested custody matters throughout Cook County. Michael Ian Bender’s experience as a former Domestic Relations Judge gives him unique insight into how courts evaluate these cases. Contact our office at (312) 236-1500 to discuss parenting time and decision-making arrangements.

A Unique Perspective in Family Law

If we take your case, it is because we believe in it

Responsive Counsel: Every Call Answered, Every Concern Addressed

Daniel Vaci

Genuine, Deeply Felt Passion for Justice

We focus on every detail because we know that details can pivot a case

How Is Child Support Calculated?

Illinois uses an income shares model to calculate child support. This approach considers both parents’ income and allocates child support based on the combined income, the number of children, and the parenting time schedule. The Illinois Department of Healthcare and Family Services–Division of Child Support Services provides guidelines that courts follow to determine the appropriate support amount.

Basic Child Support Calculation

The court calculates basic child support using this process:

Calculate each parent’s net income (gross income minus deductions)
Add both parents’ net incomes together to determine the combined net income
Select the appropriate amount from the schedule of basic child support obligations based on the combined monthly net income and number of children
Calculate each parent’s share based on their percentage of the combined income
If one parent has less than 146 overnights of parenting time per year, they will pay support to the other parent.
If both parents have at least 146 overnights of parenting time per year, the basic child support obligation in #3 above is multiplied by 1.5 and each parent’s percentage share of the combined income is then multiplied by the percentage of time that the child spends with the other parent. The respective child support obligations of the parents are then offset with the parent owing more child support paying the difference between the child support amounts.

Additional Expenses

Beyond basic child support, parents must also address:

Healthcare: Parents share the cost of health insurance premiums and unreimbursed medical expenses
Childcare: Work-related or education-related childcare costs are divided between parents
Extracurricular activities: Costs for sports, music lessons, and other activities may be shared
Educational expenses: Private school tuition and educational needs beyond basic support

Deviations from Guidelines

Courts can deviate from guideline support amounts when appropriate. Reasons for deviation can include:

Financial needs of the child
Financial resources of both parents
Standard of living the child would have enjoyed if the marriage had not been dissolved
Physical and emotional needs of the child
Educational needs of the child

Key Takeaway: Illinois calculates child support using an income shares model that considers both parents’ income, the number of children, and how many overnights the children are with each parent per year. Courts can deviate from guidelines based on the child’s specific needs and each parent’s financial circumstances.

If you need help calculating child support or modifying an existing order, Caesar & Bender, LLP can review your financial documents and ensure the calculation reflects your situation accurately. Call (312) 236-1500 to discuss child support with our team.

How Does Spousal Maintenance Work in Illinois?

Spousal maintenance, formerly called alimony, provides financial support to a spouse who needs assistance after divorce. Under 750 ILCS 5/504, Illinois courts determine whether maintenance is appropriate, how much should be paid, and how long payments should continue.

When Is Maintenance Awarded?

The court first determines whether maintenance is appropriate by evaluating these factors:

Income and property of each party
Needs of each party
Present and future earning capacity of each party
Impairment of earning capacity of either party
Time necessary for the party seeking maintenance to acquire education or training
The effect of any custody arrangements and its effect on a party’s ability to seek or maintain employment
Standard of living established during the marriage
Duration of the marriage
Age and physical and emotional condition of both parties
All sources of income of each party
Tax consequences of property division
Contributions and services by the party seeking maintenance to the education, training, or career of the other party
Valid agreements between the parties
Any other relevant factor

Calculating the Amount

For couples with combined gross income under $500,000 and no prior child support or maintenance obligations, Illinois provides a formula:

Calculate 33.3% of the payor’s net annual income
Subtract 25% of the payee’s net annual income
The difference is the annual maintenance amount

However, the total amount received by the payee (including their own income plus maintenance) cannot exceed 40% of the combined net income of both parties.

For couples with a combined income exceeding $500,000 or those with other support obligations, courts have discretion to set maintenance based on the statutory factors rather than the formula.

Duration of Maintenance

The length of maintenance depends on the length of the marriage. For marriages under 20 years, Illinois provides guidelines:

Length of Marriage	Duration of Maintenance
Under 5 years	20% of the marriage length
5-10 years	24-40% of the marriage length
10-15 years	44-64% of the marriage length
15-20 years	68-80% of the marriage length
20+ years	Length of the marriage or indefinite

Courts can deviate from these guidelines when appropriate based on the facts of the case.

Termination of Maintenance

Maintenance automatically terminates when:

The payee remarries
Either party dies
The payee cohabits with another person on a continuing conjugal basis

Key Takeaway: Illinois courts award spousal maintenance based on multiple factors including income disparity, length of marriage, and earning capacity. For shorter marriages, maintenance duration follows a percentage-based guideline, while longer marriages may result in indefinite or reviewable maintenance.

Caesar & Bender, LLP handles maintenance cases involving complex income calculations and disputes over earning capacity. Molly Caesar and Michael Ian Bender can evaluate whether maintenance is appropriate in your case and what amount and duration would be fair. Call (312) 236-1500 to schedule a consultation.

Honest. Organized. Above & Beyond

Cathy Cureton

Learn More

What Is the Difference Between Contested and Uncontested Divorce?

The fundamental difference between contested and uncontested divorce lies in whether you and your spouse can reach an agreement on all issues or whether the court must resolve disputes through litigation.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on every aspect of the dissolution, including:

Division of all property and debts
Allocation of parental responsibilities and parenting time
Child support amount
Spousal maintenance (if applicable)
Any other relevant issues

In an uncontested case, the spouses (often through their attorneys) negotiate a Marital Settlement Agreement that addresses all these matters. Once both parties sign the agreement and the court approves it, the divorce can proceed to a final hearing relatively quickly. The entire process typically takes 60 to 90 days in Cook County.

Benefits of uncontested divorce include lower legal fees, faster resolution, reduced stress, and greater control over the outcome. Because you negotiate the terms rather than having a judge impose them, you can craft creative solutions that work for your family.

Contested Divorce

A contested divorce arises when spouses disagree on one or more significant issues. Common areas of dispute include:

Who should have primary parenting time
How to value and divide a business or professional practice
Whether maintenance should be awarded and for how long
Whether one spouse dissipated marital assets
How to divide retirement accounts

Contested divorces proceed through several stages:

Filing and Response: One spouse files a petition for dissolution, and the other files a response
Temporary Orders: Either party can request temporary orders for support, parenting time, and possession of property
Discovery: Both parties exchange financial documents, take depositions, and gather evidence
Pretrial Conferences: Attorneys meet with the judge to discuss settlement possibilities
Trial: If settlement fails, the case proceeds to trial, where a judge hears evidence and issues a ruling

Key Takeaway: Uncontested divorces resolve through agreement and can finalize quickly with lower costs, while contested divorces require court intervention through discovery, hearings, and potentially trial, taking substantially longer and costing more.

Whether your divorce is amicable or contentious, Caesar & Bender, LLP provides guidance tailored to your situation. Molly Caesar and Michael Ian Bender can help facilitate productive negotiations and prepare cases for trial when necessary. Call (312) 236-1500 to discuss your divorce strategy.

When Should You Consider Mediation?

Mediation offers an alternative to traditional litigation.It emphasizes cooperation and negotiation rather than courtroom battles.

Divorce Mediation

Mediation involves a neutral third party who helps you and your spouse negotiate agreements on disputed issues. The mediator does not make decisions or represent either party. Instead, they facilitate communication, identify common ground, and help both parties reach mutually acceptable solutions.

Mediation works best when both spouses are willing to communicate honestly, disclose financial information fully, and work toward compromise. It may not be appropriate if there is a significant power imbalance, history of domestic violence, or one spouse is hiding assets.

Benefits of mediation include:

Lower cost than litigation
Faster resolution
Privacy (mediation sessions are confidential)
Less adversarial process
Greater control over the outcome

When Litigation Becomes Necessary

However, some cases require litigation. Court intervention may be necessary when:

One spouse refuses to negotiate in good faith
There is evidence of hidden assets or financial dishonesty
One spouse poses a danger to the children or the other parent
The power imbalance is too great for meaningful negotiation
Previous attempts at settlement have failed

Key Takeaway: Mediation provides a less adversarial alternative to traditional litigation, offering greater privacy, lower costs, and more control over outcomes. However, litigation remains necessary when negotiation fails or when one party acts in bad faith.

Caesar & Bender, LLP helps clients evaluate whether mediation is appropriate for their situation. If mediation fails or is not suitable, the firm is prepared to litigate to protect your interests. Call (312) 236-1500 to discuss your options.

How Do High-Net-Worth Divorces Differ in Chicago?

High-net-worth divorces involve substantial assets, complex property holdings, and unique financial considerations that require sophisticated legal and financial analysis. These cases often include business valuations, forensic accounting, and disputes over professional practices, investment portfolios, and real estate holdings.

Complex Asset Valuation

High-net-worth divorces typically involve assets that require professional valuation:

Closely held businesses and professional practices
Stock options and restricted stock units
Partnership interests and equity compensation
Multiple real estate holdings (residential, commercial, investment)
Art collections, jewelry, and other valuable personal property
Retirement accounts, pensions, and deferred compensation plans

Caesar & Bender, LLP works with forensic accountants, business valuators, and real estate appraisers to ensure accurate assessment of all marital assets. Proper valuation is essential because inaccurate appraisals can result in unfair division.

Identifying Hidden Assets

In some high-net-worth cases, one spouse attempts to hide assets or undervalue holdings to reduce their share of the marital estate. Common tactics include:

Transferring assets to offshore accounts
Underreporting business income
Creating false debts to business associates
Delaying bonuses or stock options until after divorce
Overpaying taxes to receive refunds after divorce

Discovery and forensic accounting can uncover these schemes. Illinois courts take dissipation of marital assets seriously and can award the victimized spouse a disproportionate share of the estate as a remedy.

Tax Consequences

High-net-worth divorces require careful attention to tax implications:

Capital gains taxes on property transfers
Tax basis on investments and real estate
Qualified Domestic Relations Orders (QDROs) for retirement accounts
Estate planning considerations after divorce

Michael Ian Bender and Molly Caesar collaborate with tax professionals and financial advisors to structure property divisions that minimize tax burdens and maximize each client’s financial position after divorce.

Key Takeaway: High-net-worth divorces require sophisticated financial analysis, including business valuations, forensic accounting to detect hidden assets, and strategic planning to minimize tax consequences. Proper valuation and discovery are essential to achieving fair division.

If your divorce involves substantial assets or complex financial holdings, Caesar & Bender, LLP has the experience and resources to protect your interests. Call (312) 236-1500 to discuss your high-net-worth divorce.

Can You Modify Child Support or Maintenance After Divorce?

Life circumstances change after divorce. Job loss, illness, remarriage, or changes in children’s needs may require modification of child support or spousal maintenance orders. Illinois law provides procedures for post-decree modifications and enforcement of divorce orders when circumstances warrant.

Modifying Child Support

Under 750 ILCS 5/510, the court can modify child support when there is a substantial change in circumstances. Examples include:

Significant change in either parent’s income
Change in the child’s needs (medical conditions, educational requirements)
Change in parenting time allocation
Loss of employment or reduction in work hours
Receipt of substantial inheritance or other windfall

To modify child support, you must file a petition with the court that issued the original order. The court will review financial documents, hear evidence, and determine whether modification is appropriate.

Modifying Spousal Maintenance

Modification of spousal maintenance depends on the terms of the original order:

Reviewable maintenance: The order specifies that maintenance can be reviewed after a set period of time
Modifiable maintenance: The order specifies that maintenance can be modified if circumstances change substantially
Non-reviewable and Non-modifiable maintenance: The order states that maintenance cannot be modified (except for early termination due to death, remarriage, or cohabitation)

For reviewable maintenance, substantial changes that may justify modification include:

Significant increase or decrease in either party’s income
Involuntary job loss or disability
Retirement
Changes in health requiring substantial medical expenses

However, maintenance automatically terminates when the recipient remarries or cohabits with a romantic partner on a continuing basis.

Enforcement of Orders

If your former spouse fails to pay child support or maintenance as ordered, Illinois provides enforcement mechanisms:

Wage garnishment
Suspension of the payor’s driver’s license or professional licenses
Contempt of court proceedings
Interception of tax refunds
Liens on property

Key Takeaway: Illinois allows modification of child support and maintenance when there is a substantial change in circumstances. Child support can always be modified based on a substantial change in circumstances, while maintenance modification depends on the terms of the original order.

Caesar & Bender, LLP can assist with post-decree modification and enforcement matters throughout Cook County. If your circumstances have changed significantly or your former spouse is not complying with court orders, call (312) 236-1500 to discuss your options.

Responsive Counsel: Every Call Answered, Every Concern Addressed

Daniel Vaci

Consult an Experienced Chicago Divorce Attorney Today

Divorce can bring uncertainty about your financial future, your relationship with your children, and your ability to move forward with your life. You need an attorney who understands not just the law, but also the emotional and practical challenges you face during this difficult time.

Molly Caesar and Michael Ian Bender of Caesar & Bender, LLP represent clients before the Circuit Court of Cook County in divorce matters ranging from straightforward uncontested dissolutions to complex high-net-worth cases involving substantial assets and contested custody. Contact our Chicago divorce lawyers for guidance tailored to your situation.

Call Caesar & Bender, LLP at (312) 236-1500 for a free consultation. Our office is located at 150 N Michigan Ave, Suite 2130, serving clients throughout Chicago and the surrounding communities. Caesar & Bender, LLP is available to discuss your case and explain your options.

Frequently Asked Questions About Divorce in Chicago

Do I need to hire an attorney to get divorced?

While Illinois law does not require you to have an attorney, divorce involves complex legal issues and long-term financial consequences. An attorney can protect your rights, ensure you receive a fair division of property, advocate for appropriate parenting arrangements, and handle all court filings and procedures correctly. Even in uncontested cases, having an attorney review your settlement agreement ensures you understand what you are agreeing to and that the terms comply with Illinois law.

Can my spouse prevent me from getting divorced?

No. Because Illinois is a no-fault divorce state, you can obtain a divorce even if your spouse objects. If your spouse refuses to cooperate, the divorce will proceed as a contested matter. Your spouse’s refusal cannot prevent the court from ultimately dissolving the marriage, though it may extend the timeline and increase costs.

How does domestic violence affect divorce and custody?

Illinois courts take domestic violence very seriously when allocating parental responsibilities. If there is evidence of abuse, the court may restrict or supervise the abusive parent’s parenting time, allocate sole decision-making authority to the non-abusive parent, or, in extreme cases, disallow all contact with the child. You can also obtain an Order of Protection, which can exclude the abusive spouse from your home and prohibit contact.

Can I date during my divorce?

While not illegal, dating during divorce can complicate your case. Illinois allows courts to consider dissipation of marital assets, so spending money on a new romantic partner could affect property division. Additionally, introducing a new partner to your children during divorce proceedings may impact custody decisions. It is generally advisable to wait until your divorce is finalized before beginning new romantic relationships.

What happens to the house in a divorce?

The marital home is part of the marital estate subject to equitable division. Options include one spouse keeping the house (often by refinancing to buy out the other spouse’s equity), selling the house and dividing the proceeds, or continuing to co-own the property temporarily. The court considers factors such as which parent has primary parenting time, financial resources, and each party’s attachment to the home.

Bespoke Representation in Family Law

Nearly 50 Years Combined Family Law Experience