A divorce can involve much more than legally ending a marriage. For many people, the difficult part is determining what life will look like afterward. Where will the children spend their time? What happens to the family home? How will retirement accounts and other assets be divided? Will maintenance or child support be part of the financial picture?
Keller Legal Services represents clients throughout DuPage County in divorce proceedings under Illinois law. We help clients understand the decisions ahead, protect their financial and parental interests, and pursue practical resolutions that allow them to move forward.
Many divorces can be resolved through negotiation without requiring a judge to decide every disputed issue. Others involve significant disagreements that require formal discovery, court hearings, or trial. Our approach is to determine what actually matters to the client, identify where meaningful disputes exist, and develop a strategy suited to the circumstances rather than creating unnecessary conflict.
If you are considering divorce or have already been served with divorce papers, Keller Legal Services offers free consultations to discuss your situation and possible next steps.
Illinois is a no-fault divorce state. Under 750 ILCS 5/401, a court may dissolve a marriage when irreconcilable differences have caused its irretrievable breakdown and efforts at reconciliation have failed or would be impracticable and not in the family’s best interests.
That means a spouse does not need to prove adultery, abandonment, cruelty, or another form of marital misconduct simply to obtain a divorce.
Illinois also has a residency requirement. Generally, one spouse must have been an Illinois resident, or stationed in Illinois as a member of the armed services, for at least 90 days before commencement of the action or before the required finding is made by the court.
A divorce proceeding begins with a Petition for Dissolution of Marriage. From there, the issues that must be addressed depend largely on the couple’s finances, whether they have children, and what they are able to resolve by agreement.
Keller Legal Services’ divorce practice provides additional information about the dissolution process and issues that may arise.
Two divorces filed in the same courthouse can look very different.
A couple with few assets and no children may have relatively limited issues to resolve. A longer marriage involving children, real estate, retirement savings, significant income differences, or business interests can require substantially more planning and negotiation.
Depending on the circumstances, a DuPage County divorce may involve:
Understanding which issues actually apply to your marriage can help focus the case on the decisions that need to be made.
Illinois follows an equitable distribution system. This does not mean marital property is automatically divided equally between spouses.
Under 750 ILCS 5/503, a court assigns each spouse’s non-marital property to that spouse and divides marital property in “just proportions” after considering the statutory factors. The statute also establishes the framework for determining what constitutes marital and non-marital property.
Assets that commonly require attention include homes and other real estate, bank accounts, investments, retirement benefits, vehicles, valuable personal property, and business interests.
Debt matters as well. Mortgages, credit cards, personal loans, and other obligations can affect the overall financial settlement.
Our attorneys assist clients with both property division during divorce and the related issue of dividing marital debt.
An important first step is often determining which property actually belongs in the marital estate.
Property acquired during the marriage is generally presumed to be marital, although Illinois recognizes statutory exceptions. Certain property acquired before marriage, inheritances, gifts, and property excluded through a valid agreement may qualify as non-marital property.
The analysis can become more complicated when marital and non-marital funds have been mixed or one estate has contributed to another.
Before agreeing to a property settlement, it is important to have a reasonably complete picture of the assets, debts, and financial obligations involved.
For parents, ending the marriage does not end the need to make decisions together about their children.
Illinois law separates parental responsibilities into significant decision-making and parenting time.
Under 750 ILCS 5/602.5, significant decision-making responsibilities can include education, health, religion, and extracurricular activities. When parents do not reach an approved agreement, courts allocate those responsibilities according to the child’s best interests.
Parenting time determines when the child will be in each parent’s care. Illinois courts also allocate parenting time according to the child’s best interests.
Keller Legal Services represents parents in child custody and parenting matters as well as disputes involving the broader allocation of parental responsibilities.
Parents who can reach an appropriate agreement may retain greater control over the details of their parenting arrangement instead of asking a judge to decide those details for them.
A parenting plan may need to address issues such as:
The details matter. A vague arrangement that seems workable during settlement discussions can become a source of conflict once parents begin living under it.
Illinois uses an income shares model for calculating child support. The statutory framework considers the incomes of both parents and the number of children for whom support is being determined, with additional provisions that can apply depending on parenting time and other circumstances.
This is different from the older Illinois system that primarily calculated support as a percentage of the paying parent’s income.
Child-related financial issues can also extend beyond the basic support calculation. Health insurance, uncovered medical expenses, childcare, educational costs, and extracurricular expenses may need to be addressed.
Our Illinois child support attorneys can provide more detailed guidance when support is an issue in a divorce.
Maintenance, sometimes called alimony or spousal support, can become an important issue when spouses have significantly different financial circumstances.
Maintenance is not automatically awarded in every divorce. Illinois courts consider statutory factors in deciding whether an award is appropriate. Depending on the circumstances, issues can include the spouses’ income, property, needs, earning capacity, length of the marriage, and standard of living established during the marriage.
For divorcing spouses, maintenance should usually be evaluated as part of the larger financial picture. Property division, income, taxes, retirement planning, and ongoing support obligations can interact in ways that affect the practical value of a proposed settlement.
Keller Legal Services provides additional information about maintenance and alimony in Illinois.
Some divorces require a more detailed financial analysis because of the nature or value of the marital estate.
Potential complications can include:
The objective is not simply to create a list of properties. Assets may need to be classified, valued, and considered alongside tax consequences, debt, liquidity, and each spouse’s future financial circumstances.
Clients dealing with substantial or complicated marital estates can find additional information about high net worth divorce.
Most people would prefer not to spend months or years fighting over every aspect of a divorce. Reaching an agreement can reduce uncertainty and give spouses more influence over the final terms.
But a good settlement is not simply the fastest settlement.
Before agreeing to terms, a divorcing spouse should understand what is being divided, what obligations will continue after divorce, and how the agreement may affect future finances or parenting arrangements.
Negotiation may be appropriate when both sides have sufficient information and there is room for compromise. Litigation may become necessary when important issues cannot be resolved, financial information is disputed or unavailable, or the parties have fundamentally different positions on parenting or financial matters.
The two approaches are not mutually exclusive. A case may involve formal court proceedings while settlement negotiations continue. Some issues may be resolved by agreement while others ultimately require a judge’s decision.
Because this page serves as Keller Legal Services’ county-level divorce resource, our representation is not limited to a single DuPage County community.
We represent individuals in Naperville divorce matters as well as clients in Downers Grove, Glen Ellyn, and Lombard.
Keller Legal Services also handles divorce matters for residents of Warrenville, Lisle, Winfield, Westmont, and Oak Brook.
You do not need to have every document organized or every decision made before speaking with an attorney.
It can help, however, to begin thinking about the questions that are likely to shape the case.
Consider:
A consultation can then focus on the issues most relevant to your circumstances rather than trying to answer every possible question about Illinois divorce law.
A divorce judgment resolves the marriage and establishes the parties’ rights and obligations, but some family-law issues can continue to evolve.
Changes in income, employment, parenting schedules, children’s needs, or other circumstances may create questions about existing orders. In other situations, one former spouse may simply fail to comply with the judgment.
Depending on the issue, modification or enforcement proceedings may be appropriate. Keller Legal Services represents clients in post-decree enforcement and modification matters after the original divorce has concluded.
Property division is generally different from modifiable support or parenting provisions, which is one reason financial settlement terms should be carefully evaluated before a divorce judgment is entered.
No. One spouse generally cannot prevent a divorce simply by refusing to consent. Disagreement can affect how long it takes to resolve financial or parenting issues, but Illinois does not require both spouses to agree that the marriage should end.
No. Illinois requires marital property to be divided in just proportions after consideration of the statutory factors. An equal division may be appropriate in some cases, but a 50/50 split is not an automatic rule.
Yes. Spouses may be able to resolve many aspects of a divorce while leaving one or more disputed issues for further negotiation or court determination. Resolving agreed issues can help narrow the scope of the dispute.
Illinois courts can consider a child’s wishes, taking into account the child’s maturity and ability to express reasoned and independent preferences, but the child’s preference is only one factor in the best-interests analysis.
You do not have to wait. Speaking with an attorney before filing can help you understand financial, parenting, and procedural issues before important decisions are made.
Divorce can feel much less manageable when you do not know what the process will require or which issues deserve immediate attention. Getting legal guidance early can help you separate urgent concerns from issues that can be addressed through negotiation as the case develops.
Keller Legal Services represents clients throughout DuPage County in divorces involving children, property, support, significant assets, contested proceedings, and negotiated settlements. We can review your circumstances, explain how Illinois law may apply, and help you determine reasonable next steps.
Call 630-505-1515 or contact Keller Legal Services to schedule a free consultation with a DuPage County divorce lawyer.
