General Divorce Questions
What are the grounds for divorce in Illinois?
Illinois is a no-fault state, so “irreconcilable differences” is the only ground for divorce. To read the full answer, click here
How long does the divorce process take in Illinois?
It depends on the complexity of the case, but uncontested divorces can take as little as a few months, while contested cases may take over a year. To read the full answer, click here
Do I need to live in Illinois to file for divorce here?
Yes, you or your spouse must have lived in Illinois for at least 90 days before filing. To read the full answer, click here
Can we file for divorce jointly in Illinois?
No, Illinois law requires one spouse to file as the petitioner. To read the full answer, click here
What’s the difference between contested and uncontested divorce?
In an uncontested divorce, both parties agree on all terms, while contested divorces involve disagreements. To read the full answer, click here
Uncontested Divorce
What is the process for filing an uncontested divorce in Illinois?
File a petition, complete necessary forms, and attend a final hearing once all terms are agreed upon. To read the full answer, click here
Can we use the same lawyer for an uncontested divorce?
No, a single lawyer cannot represent both parties due to conflicts of interest. To read the full answer, click here
Is an uncontested divorce faster than a contested one?
Yes, uncontested divorces are usually much faster because there are no disputes to resolve. To read the full answer, click here
Do we still need a court hearing for an uncontested divorce?
Yes, a judge must review and approve the agreement. To read the full answer, click here
Contested Divorce
What happens during a contested divorce in Illinois?
Disputes are resolved through mediation, negotiation, or court hearings. To read the full answer, click here
How do Illinois courts decide contested issues?
Courts prioritize equitable outcomes based on evidence, state laws, and fairness. To read the full answer, click here
Can a contested divorce be converted to an uncontested one?
Yes, if both parties come to an agreement during the process. To read the full answer, click here
How much does a contested divorce cost in Illinois?
Costs vary but are generally higher due to legal fees and court time. To read the full answer, click here
Legal Separation
What’s the difference between legal separation and divorce?
Legal separation does not end the marriage but allows for custody, support, and property agreements. To read the full answer, click here
Can I remarry after a legal separation in Illinois?
No, you must file for divorce to remarry. To read the full answer, click here
Is legal separation required before divorce in Illinois?
No, legal separation is optional. To read the full answer, click here
How do I file for legal separation in Illinois?
File a petition with the court and outline your desired terms for custody and support. To read the full answer, click here
Annulments
What are the grounds for annulment in Illinois?
Grounds include fraud, bigamy, incapacity, or being underage without parental consent. To read the full answer, click here
How long do I have to file for an annulment in Illinois?
It depends on the grounds but can range from 90 days to a few years. To read the full answer, click here
Is an annulment different from a divorce?
Yes, annulments declare the marriage void as if it never existed. To read the full answer, click here
Can property be divided in an annulment?
Yes, courts can address property division and child custody in annulments. To read the full answer, click here
Child Custody
How does Illinois determine child custody?
Custody decisions are based on the best interests of the child. To read the full answer, click here
Can a child decide which parent to live with in Illinois?
A child’s preference is considered but not the sole deciding factor. To read the full answer, click here
What is the difference between legal and physical custody?
Legal custody involves decision-making rights, while physical custody determines where the child lives. To read the full answer, click here
Can custody orders be modified?
Yes, modifications are allowed if there’s a significant change in circumstances. To read the full answer, click here
Child Support
How is child support calculated in Illinois?
It’s based on both parents’ incomes and the number of children. To read the full answer, click here
Can child support be modified?
Yes, modifications can be requested if financial circumstances change. To read the full answer, click here
What happens if my ex doesn’t pay child support?
You can seek enforcement through the court or Illinois Department of Healthcare and Family Services. To read the full answer, click here
Is child support mandatory in Illinois?
Yes, non-custodial parents are legally required to pay child support. To read the full answer, click here
Spousal Support (Alimony)
How is alimony determined in Illinois?
Courts consider factors like income, length of marriage, and the standard of living. To read the full answer, click here
Can alimony orders be modified?
Yes, alimony can be adjusted if financial situations change. To read the full answer, click here
How long does spousal support last in Illinois?
Duration depends on the length of the marriage and other factors. To read the full answer, click here
Is spousal support taxable in Illinois?
No, alimony is no longer taxable under federal law. To read the full answer, click here
Property Division
What is equitable distribution in Illinois?
Property is divided fairly, though not necessarily equally. To read the full answer, click here
Are retirement accounts subject to division in Illinois?
Yes, retirement accounts are marital property and may be divided. To read the full answer, click here
How is marital property defined in Illinois?
Property acquired during the marriage, except for gifts and inheritances, is marital property. To read the full answer, click here
Can we agree on property division without court involvement?
Yes, couples can negotiate and submit an agreement for court approval. To read the full answer, click here
Military Divorce
What makes military divorce different in Illinois?
Federal laws like the Servicemembers Civil Relief Act may apply. To read the full answer, click here
How are military pensions divided in Illinois divorces?
Pensions are divided under the Uniformed Services Former Spouses’ Protection Act. To read the full answer, click here
Can a deployed service member file for divorce in Illinois?
Yes, but certain legal protections may delay proceedings. To read the full answer, click here
Do military spouses have rights to benefits after divorce?
Spouses may retain benefits based on the length of the marriage and service. To read the full answer, click here
High-Asset Divorce
How are businesses divided in high-asset divorces?
Businesses are valued and may be divided or offset with other assets. To read the full answer, click here
How are hidden assets discovered during divorce?
Forensic accountants or financial experts may investigate. To read the full answer, click here
Are prenuptial agreements enforceable in Illinois?
Yes, if they are fair and follow legal requirements. To read the full answer, click here
How does Illinois handle real estate in a divorce?
Real estate is divided equitably, often requiring appraisals. To read the full answer, click here
Divorce Mediation
What is divorce mediation?
It’s a process where a neutral mediator helps couples negotiate divorce terms. To read the full answer, click here
Do I need a lawyer for mediation?
Lawyers aren’t required but can offer advice during or after mediation. To read the full answer, click here
Is mediation legally binding?
Agreements reached in mediation must be approved by the court to become binding. To read the full answer, click here
How long does divorce mediation take?
It varies but typically takes a few sessions to reach an agreement. To read the full answer, click here
Collaborative Divorce
What is a collaborative divorce?
It’s a process where both parties work with their lawyers to resolve issues outside of court. To read the full answer, click here
How is collaborative divorce different from mediation?
Collaborative divorce involves lawyers, while mediation uses a neutral mediator. To read the full answer, click here
Can we switch to litigation if collaborative divorce fails?
Yes, but you’ll need to hire new lawyers for litigation. To read the full answer, click here
What are the benefits of collaborative divorce?
It’s often faster, less expensive, and less adversarial than litigation. To read the full answer, click here
Same-Sex Divorce
Are Illinois divorce laws the same for same-sex couples?
Yes, the same laws apply to all couples. To read the full answer, click here
How is child custody determined in same-sex divorces?
Custody is based on the best interests of the child, regardless of parents’ gender. To read the full answer, click here
Can we modify a same-sex divorce agreement?
Yes, modifications are allowed for custody, support, and other terms. To read the full answer, click here
Are there unique challenges in same-sex divorces?
Challenges may include non-biological parent rights and division of jointly acquired property. To read the full answer, click here
Parenting Plans
What is a parenting plan?
It’s a written agreement outlining custody and visitation schedules. To read the full answer, click here
Are parenting plans mandatory in Illinois divorces?
Yes, parents must submit a plan for court approval. To read the full answer, click here
Can a parenting plan be modified?
Yes, if both parents agree or if circumstances change significantly. To read the full answer, click here
What happens if parents can’t agree on a parenting plan?
The court will decide based on the child’s best interests. To read the full answer, click here
Emergency Divorce Filings
What qualifies as an emergency divorce in Illinois?
Situations involving safety, domestic violence, or urgent financial matters. To read the full answer, click here
How do I file for an emergency divorce?
File a petition with the court explaining the urgent need for immediate action. To read the full answer, click here
Can temporary orders be issued during an emergency divorce?
Yes, courts can issue orders for custody, support, and property. To read the full answer, click here
How quickly can an emergency divorce be resolved?
Timelines vary, but initial orders can be granted within days. To read the full answer, click here
Post-Divorce Modifications
What can be modified after a divorce?
Custody, child support, and spousal support orders can be modified. To read the full answer, click here
How do I request a modification in Illinois?
File a petition with the court and provide evidence of a significant change in circumstances. To read the full answer, click here
Can property division be modified after divorce?
Generally, property division is final and cannot be modified. To read the full answer, click here
How long does it take to get a post-divorce modification?
The process can take weeks to months, depending on court schedules. To read the full answer, click here
Domestic Violence Cases
How does domestic violence affect divorce in Illinois?
It can influence custody, support, and property division decisions. To read the full answer, click here
How do I obtain a protective order in Illinois?
File a petition with the court, and an emergency hearing can be scheduled. To read the full answer, click here
Can I file for divorce while under a protective order?
Yes, filing for divorce is allowed even with a protective order in place. To read the full answer, click here
How are custody cases handled when domestic violence is involved?
Courts prioritize the child’s safety and well-being. To read the full answer, click here
Financial Concerns in Divorce
Who pays for the divorce in Illinois?
Each party usually pays their own legal fees unless the court orders otherwise. To read the full answer, click here
How are debts divided in an Illinois divorce?
Debts are divided equitably based on when and why they were incurred. To read the full answer, click here
What happens to a jointly owned business during divorce?
Businesses are valued, and ownership or profits may be divided. To read the full answer, click here
Can I keep my inheritance during a divorce?
Yes, inheritances are generally considered non-marital property. To read the full answer, click here
Retirement Accounts and Pensions
How are retirement accounts divided in Illinois divorces?
They are divided equitably, often requiring a QDRO (Qualified Domestic Relations Order). To read the full answer, click here
Are Social Security benefits divided in a divorce?
Social Security is not divided, but spousal benefits may be available. To read the full answer, click here
What is a QDRO?
It’s a court order used to divide retirement accounts without penalties. To read the full answer, click here
Can I keep my pension in a divorce?
It depends on whether it’s considered marital or non-marital property. To read the full answer, click here
Illinois Divorce Laws
What makes Illinois a no-fault divorce state?
No-fault means the only ground for divorce is irreconcilable differences. To read the full answer, click here
Is there a waiting period for divorce in Illinois?
There’s no waiting period for uncontested divorces; contested divorces may take longer. To read the full answer, click here
Do Illinois courts require mediation?
Mediation is often required for custody and visitation disputes. To read the full answer, click here
Can I represent myself in an Illinois divorce?
Yes, but hiring a lawyer is strongly recommended. To read the full answer, click here
Divorce for Military Families
Can deployment delay a military divorce in Illinois?
Yes, the Servicemembers Civil Relief Act can delay proceedings. To read the full answer, click here
How are military benefits divided in divorce?
Benefits are divided based on federal laws and the length of marriage during service. To read the full answer, click here
Can custody be modified during deployment?
Yes, temporary modifications can be made during deployments. To read the full answer, click here
Do military divorces cost more?
Costs depend on complexity but may include additional considerations like federal benefits. To read the full answer, click here
Special Considerations
Can I change my name during a divorce in Illinois?
Yes, you can request a name change as part of the divorce decree. To read the full answer, click here
What happens if my spouse refuses to sign divorce papers?
The court can proceed with the divorce even without their signature. To read the full answer, click here
Can I date while going through a divorce in Illinois?
Legally, yes, but it could impact custody or spousal support. To read the full answer, click here
What is a legal separation agreement?
It’s a document outlining terms for custody, support, and property without ending the marriage. To read the full answer, click here
After the Divorce
Can I move out of Illinois after a divorce?
Yes, but relocating with children requires court approval. To read the full answer, click here
What should I do if my ex violates the divorce agreement?
File a motion with the court for enforcement or contempt. To read the full answer, click here
How do I handle co-parenting after divorce?
Use parenting plans and consistent communication to manage co-parenting. To read the full answer, click here
Can I reopen my divorce case in Illinois?
Only in rare cases, such as fraud or discovery of hidden assets. To read the full answer, click here
How does remarriage affect alimony in Illinois?
Alimony typically ends when the recipient remarries. To read the full answer, click here
Do I need a lawyer for post-divorce modifications?
It’s not required but is highly recommended. To read the full answer, click here
Are divorce records public in Illinois?
Yes, but sensitive details like financial disclosures may be sealed. To read the full answer, click here
