Filing for divorce starts a legal process, but filing the paperwork is only one part of ending a marriage. The more difficult questions often involve what happens while the case is pending and what the final judgment will require. Spouses may need to address finances, property, parenting arrangements, support, and other issues before they can fully move forward.
Keller Legal Services represents clients in Downers Grove and throughout DuPage County in Illinois divorce proceedings. We help clients understand the process ahead, identify issues that need immediate attention, and work toward resolutions that protect their financial and family interests.
Some divorces are resolved largely through agreement. Others involve disputed finances, parenting disagreements, or other issues that require court involvement. In either situation, understanding the process can make it easier to make informed decisions rather than simply reacting as the case develops.
Illinois is a no-fault divorce state. Under 750 ILCS 5/401, the basis for dissolution is that irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation efforts have failed or would be impracticable and not in the family’s best interests.
A spouse therefore does not need to prove adultery, abandonment, cruelty, or another form of wrongdoing to obtain a divorce.
Illinois also generally requires one spouse to have been an Illinois resident, or stationed in Illinois while serving in 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. The petition provides basic information about the marriage and identifies the relief being requested.
Keller Legal Services provides additional information about the overall process through its divorce practice.
The period between filing and final judgment can be just as important as the judgment itself.
A divorce involving significant finances or disputed parenting issues may require several stages before the parties are ready to settle or proceed to trial.
Depending on the circumstances, the process may include:
Not every case requires every step. A relatively straightforward divorce in which spouses have already reached agreement can proceed very differently from a contested case involving substantial financial or parenting disputes.
One mistake people sometimes make is assuming that all important decisions can wait until the end of the case.
A divorce can remain pending while spouses continue paying bills, raising children, living separately or together, and managing property. Temporary arrangements may therefore become important.
Questions can arise about:
The appropriate response depends on the circumstances. Some couples can establish workable temporary arrangements by agreement. Other situations may require formal court orders.
Property division can affect a person’s financial position for years after the divorce ends.
Illinois follows an equitable distribution system rather than automatically dividing marital property equally. Under 750 ILCS 5/503, the court assigns non-marital property to the appropriate spouse and divides marital property in just proportions after considering the statutory factors.
The first challenge is often determining what belongs in the marital estate.
Potential assets include:
Marital debts and other obligations must also be addressed.
Keller Legal Services represents divorcing spouses in matters involving property division as well as the division of debt in divorce.
Not necessarily.
Under Section 503, property acquired by either spouse after marriage is generally considered marital property unless a statutory exception applies. Exceptions include certain gifts and inheritances, property acquired before marriage, and property excluded through a valid agreement.
That means title alone does not necessarily answer the question.
The history of an asset may become particularly important when property existed before the marriage, marital and non-marital funds were mixed, or one spouse claims that a significant asset should be excluded from division.
Parents must also determine how raising their children will work once they are no longer living as a married couple.
Illinois addresses both significant decision-making responsibilities and parenting time.
Under 750 ILCS 5/602.5, significant decision-making can include education, healthcare, religion, and extracurricular activities. When parents do not reach an agreement, the court allocates those responsibilities according to the child’s best interests.
Parenting time addresses when the child is in each parent’s care. Illinois separately requires parenting time to be allocated according to the child’s best interests under 750 ILCS 5/602.7.
Keller Legal Services assists parents with child custody and parenting issues and the broader allocation of parental responsibilities.
The legal standard is important, but parents also need a plan that works in everyday life.
That can mean thinking through questions such as:
Illinois law considers factors including the child’s adjustment to home, school, and community, the parents’ ability to cooperate, daily schedules, and the distance between their residences when addressing parental responsibilities.
A detailed, realistic arrangement can be more valuable than one that looks simple on paper but creates recurring problems in practice.
Child support is a separate issue from determining parental responsibilities.
Illinois uses an income shares approach that considers both parents’ incomes. The number of children and, in applicable circumstances, the allocation of parenting time can also affect the calculation.
Parents may additionally need to determine responsibility for expenses such as health insurance, uncovered medical costs, childcare, education, and extracurricular activities.
Because the calculation can depend on the family’s financial and parenting circumstances, our child support attorneys address that issue in greater detail.
Maintenance, also known as alimony or spousal support, can become important when there is a substantial financial difference between spouses.
An income difference alone does not automatically establish what maintenance should be paid. Illinois law requires consideration of statutory factors when determining whether maintenance is appropriate, and additional statutory provisions may apply to the amount and duration of an award.
For the person potentially paying maintenance, the obligation can affect post-divorce budgeting. For a spouse seeking maintenance, it may be an important part of becoming financially independent after the marriage.
Maintenance should therefore be evaluated alongside property division, income, expenses, and other financial obligations.
Keller Legal Services provides more detailed guidance concerning maintenance and alimony in Illinois.
Yes. Many divorce issues can be resolved through negotiation rather than trial.
Settlement can allow spouses to retain greater influence over the final terms of their divorce. It can also narrow the number of issues that require court involvement.
But reaching an agreement should not mean agreeing simply to make the case end.
Before accepting a proposed settlement, it is important to understand:
What property exists. You need enough information to evaluate what is being divided.
What financial obligations will continue. Support, debt, housing expenses, and other obligations can affect whether a proposal is workable.
What parenting terms actually require. A parenting schedule needs to function during school weeks, holidays, vacations, and ordinary family life.
What rights are being resolved permanently. Some terms may be difficult or impossible to revisit simply because one spouse later regrets the agreement.
A settlement reached with adequate information can be very different from one accepted because a spouse feels pressured to finish the divorce quickly.
A divorce becomes contested when the spouses cannot agree on one or more issues that must be resolved.
That does not mean they disagree about everything.
A couple might agree on parenting arrangements but dispute property. They might agree on most financial issues but remain divided over maintenance. Narrowing the dispute can allow the parties and the court to focus on the matters that actually require resolution.
Common areas of disagreement include:
If agreement cannot be reached, the unresolved issues may ultimately be presented to the court.
Keller Legal Services represents Downers Grove residents as part of its broader family law practice throughout DuPage County.
Divorce cases can involve issues that extend well beyond formally ending the marriage. Keller Legal Services handles the broader range of family law matters that may arise during or after a divorce. The firm also represents individuals throughout the county who need guidance from a DuPage County divorce attorney.
The final judgment establishes the terms of the divorce, but certain obligations can continue afterward.
Parenting arrangements may need to evolve as children grow. Income changes can affect some support issues. In other situations, a former spouse may fail to comply with an existing order.
Modification and enforcement are different legal concepts. A modification asks the court to change an existing provision when the applicable legal requirements have been satisfied. Enforcement generally seeks compliance with an obligation that already exists.
Keller Legal Services represents clients in post-decree enforcement and modification proceedings when issues arise after divorce.
Illinois does not impose a six-month waiting period before a divorce petition can be filed. Section 401 provides that living separate and apart for at least six continuous months before entry of judgment creates an irrebuttable presumption that the irreconcilable-differences requirement has been satisfied. It is not a requirement that every couple must complete six months of separation before filing.
Yes. A divorce does not have to be entirely settled or entirely contested. Resolving agreed issues can narrow the matters requiring additional negotiation or a court decision.
No. Illinois directs courts to divide marital property in just proportions after considering statutory factors. That does not create an automatic 50/50 rule.
No. Illinois separately addresses significant decision-making responsibilities and parenting time. The court allocates each according to the applicable best-interests standards.
An agreement can simplify a divorce considerably, but it can still be useful to understand the legal and financial effect of the proposed terms before they become part of a final judgment.
A divorce becomes easier to manage when you know which issues require attention now, which can be negotiated, and which may need to be resolved later in the process.
Keller Legal Services helps Downers Grove clients evaluate those questions from the beginning. Whether you are preparing to file, responding to a divorce petition, working toward settlement, or facing a contested proceeding, we can help you understand your options under Illinois law.
Call 630-505-1515 or contact Keller Legal Services to schedule a free consultation with a Downers Grove divorce lawyer.
