In the US, divorce is relatively frequent, with about 40-50% of first marriages ending in divorce, and rates for second marriages are even higher, with 60-67% ending in divorce. Additionally, divorce rates have declined overall, though with variations across demographics.
Going through a divorce can have traumatizing effects on every member of a family, and with so many decisions lined up to be made for couples, several issues become a source of contention. However, things do not have to be this way, and there are definitely ways to avoid it.
Our divorce lawyers in DuPage County provide clients with thoughtful and effective legal counsel and representation in Dupage County matters. We believe that even the most challenging issues can be resolved through negotiation. We strive to make the divorce proceedings less contentious for spouses so that they are able to move on with their lives on a positive note. That is why we work with clients and the opposing party to reach common ground on different legal issues.
We also understand that not every case can be resolved amicably, and know when it is necessary to take matters to court. With more than 30 years of experience practicing family law, our DuPage County divorce attorneys are capable of providing both non-litigation and litigation solutions, while protecting the legal rights and best interests of our clients.
During divorce proceedings, it is important to keep an eye on the big picture. Often spouses dispute over minor issues that cause the case to drag on for months or years. In such situations, goodwill diminishes over time, while legal costs tend to escalate. At Keller Legal Services, we know how a situation can get out of hand and work with you to avoid unnecessary disputes. Our DuPage County divorce attorneys are experienced and knowledgeable in handling all types of divorce matters, including:
We listen to your side of the story and dedicate time to understand your circumstances and goals, after which we give a realistic and honest assessment of your case to provide you with an idea of what is achievable. Throughout the entire divorce process, we keep your best interests in mind and work to get the most favorable outcome for your particular circumstances.
In Illinois, individuals seeking divorce have the option to pursue a no-fault divorce, specifically based on the grounds of irreconcilable differences. This approach is designed to simplify the process by eliminating the need to prove any misconduct or wrongdoing on the part of a spouse. Instead, couples can focus on their inability to reconcile their differences, making it a less adversarial and more straightforward path toward dissolving the marriage.
To file for divorce in Illinois, it’s crucial to meet specific residency requirements. At least one spouse must have lived in Illinois for a minimum of 90 consecutive days before initiating the divorce proceedings. The first formal step involves completing a Petition for Dissolution of Marriage, which is a legal document that outlines the reasons for the divorce and requests regarding the division of property, child custody, and support. This petition must be filed at the local circuit court in the county where either spouse resides. Once filed, the other spouse must be officially served with the divorce papers, ensuring they are aware of the proceedings and have the opportunity to respond.
The duration of a divorce case in Illinois can vary considerably based on the complexity of the issues involved. An uncontested divorce, characterized by mutual agreement on all critical matters—such as property division, child custody, and spousal support—can often be completed within a matter of weeks. In these scenarios, spouses usually file a joint agreement and can often bypass lengthy court appearances. On the other hand, a contested divorce, which involves disputes over one or more issues, may require multiple court hearings, mediation sessions, or even a full trial. This process can extend the timeline significantly, often resulting in a duration of several months to over a year before final decisions are made.
In the event of a divorce, Illinois adheres to the principle of equitable distribution when dividing marital property and debts. This approach does not ensure an equal split but rather one that is fair based on various factors. The court will evaluate elements such as the duration of the marriage, the economic circumstances of each spouse, their contributions—both financial and non-financial—to the marriage, and their future financial needs. Additionally, the court may consider non-marital property or assets acquired prior to the marriage and any inheritances. This comprehensive assessment allows for a fair distribution that reflects the unique dynamics of the marriage.
For anyone considering divorce in Illinois, it’s vital to understand the residency requirement, which stipulates that either the filing spouse or their partner must have lived in Illinois for at least 90 days consecutively prior to filing. This requirement not only establishes jurisdiction but also ensures that the case is being handled in the appropriate legal framework of the state, which has its own laws regarding divorce proceedings and marital property.
In Illinois, child custody decisions—more formally known as the allocation of parental responsibilities—are made with the child’s best interests as the foremost priority. The court examines a variety of factors to determine what arrangement will serve the child’s emotional and physical wellbeing best. This includes analyzing the needs of the child, the wishes of the parents, the child’s relationship with each parent, and how well the child is adjusting to their current living situation. Additional considerations may involve the mental and physical health of all parties involved and the ability of each parent to provide love, affection, and guidance. This thoughtful evaluation aims to create a stable and nurturing environment conducive to the child’s development and happiness.
Child support is the financial obligation one parent has to provide for their child’s living expenses after a divorce. In Illinois, the calculations for child support are guided by state guidelines, which consider essential elements such as the income levels of both parents, the number of children in question, and the time each parent spends with the child. Child support is designed to cover vital expenses, including food, clothing, housing, education, and healthcare, ensuring that the child continues to receive support from both parents consistent with their pre-divorce lifestyle.
Child custody and support orders can be modified in Illinois when there is a significant change in circumstances. Such changes may include a parent experiencing a substantial shift in income—either an increase or decrease—a change in employment status, or evolving needs of the child as they grow older. In order to modify an existing order, the requesting parent must petition the court and provide compelling evidence to justify the change in arrangements, thus ensuring that the modifications accurately reflect the current situation and continue to serve the child’s best interests.
Spousal support, commonly referred to as alimony, involves one spouse providing financial assistance to the other following a divorce. In Illinois, determining spousal support is based on a careful analysis of various factors, including the length of the marriage, the respective incomes of both parties, their earning potential, and the standard of living established during the marriage. Factors like the age and health of each spouse and any previous agreements made between the parties are also taken into account. The intention of spousal support is to provide financial support that allows the lower-earning spouse to transition to independent living after the marriage has ended.
In order to save time and money, to protect your privacy, and to achieve your goals, we work to settle matters outside the courtroom and negotiate creative and effective resolutions. However, if issues are not resolved amicably, we put our extensive trial experience and knowledge of Illinois law to use and build a strong case geared toward achieving the desired outcome.
For more information on how our DuPage County divorce attorneys can help you with your case, contact us today at 630-505-1515 or online to schedule an initial consultation.
(Updated 4/04/2025)
