For many people considering divorce, the first difficult decisions arise before anything is filed with the court. You may be trying to understand the family finances, determine what will happen with the house, consider how parenting will work between two households, or decide whether you and your spouse can reach an agreement without prolonged litigation.
Keller Legal Services represents individuals in Glen Ellyn and throughout DuPage County in divorce proceedings under Illinois law. We help clients understand what needs to be resolved, identify issues that deserve attention early, and develop an approach based on their financial and family circumstances.
Some divorces can be resolved primarily through negotiation. Others require formal discovery, court hearings, or litigation because important financial or parenting issues remain disputed. Getting legal advice early can help you understand the difference and avoid making important decisions without knowing how they may affect the rest of your case.
Illinois is a no-fault divorce state. Under 750 ILCS 5/401, a marriage may be dissolved when irreconcilable differences have caused its irretrievable breakdown and reconciliation efforts have failed or future attempts would be impracticable and not in the family’s best interests.
You do not have to prove adultery, abandonment, cruelty, or another form of marital misconduct simply to obtain a divorce.
Illinois also generally requires one spouse to have been an Illinois resident, or stationed in Illinois while a member of the armed services, for at least 90 days before the divorce action begins or before the required residency finding is made.
The process starts by filing a Petition for Dissolution of Marriage. From there, the issues that must be resolved depend on the circumstances of the marriage.
Keller Legal Services provides additional information about the overall process through its Illinois divorce practice.
There is rarely a benefit to making major financial or parenting decisions simply because you feel pressure to act quickly.
Before filing, it can help to begin developing a clearer picture of several areas.
Start with the basics. What does the family own? What does it owe? What income is coming into the household?
Useful records may include:
You do not necessarily need every financial document before speaking with an attorney. However, understanding what exists can help identify questions that may need to be addressed during the divorce.
Separating households can create practical and financial questions involving the marital home, household expenses, and children.
Moving out may make sense in some circumstances, but it should not automatically be treated as the required first step in a divorce. Before making a significant change, consider whether there are financial, parenting, or safety issues that should be evaluated.
Not every disagreement deserves the same amount of time, expense, or attention.
For one spouse, retaining the home may be a priority. Another may care more about protecting retirement assets. Parents may be primarily concerned with creating a workable parenting schedule.
Identifying your priorities early can help shape negotiations and distinguish meaningful disputes from issues where compromise may be reasonable.
Property division is often one of the most significant financial components of divorce.
Illinois does not automatically divide everything 50/50. Under 750 ILCS 5/503, courts assign each spouse’s non-marital property to that spouse and divide marital property in “just proportions” after considering the statutory factors.
Assets that may need to be addressed include:
Debts must also be considered. Mortgages, credit card balances, loans, and other financial obligations can be part of the overall division.
Keller Legal Services assists clients with both property division in Illinois divorce and issues involving the division of marital debt.
Possibly. The name appearing on an account or title does not necessarily determine whether an asset is marital or non-marital.
Illinois generally presumes property acquired during the marriage and before the divorce judgment to be marital, subject to statutory exceptions. Section 503 identifies exceptions that can include certain property acquired before marriage, gifts, inheritances, and property excluded through a valid agreement.
Classification can become more complicated when marital and non-marital funds have been combined. That is one reason it can be important to identify how and when significant property was acquired rather than looking only at whose name appears on it.
Illinois law no longer uses “custody” as the primary statutory framework for determining parental rights and responsibilities. Instead, courts address the allocation of parental responsibilities, including significant decision-making and parenting time.
Under 750 ILCS 5/602.5, significant decision-making responsibilities can involve 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 will be in each parent’s care.
Keller Legal Services’ child custody and parenting attorneys handle these issues in divorce and other family law proceedings.
A parenting plan should do more than divide days between parents. It should provide enough structure to work during ordinary family life.
Depending on the circumstances, parents may need to address:
Illinois law specifically recognizes practical considerations such as the child’s adjustment to home, school, and community, the parents’ ability to cooperate, their daily schedules, and the distance between their residences when addressing significant decision-making responsibilities.
For Glen Ellyn families, preserving reasonable consistency around school, activities, transportation, and existing routines may therefore be an important part of developing a workable parenting arrangement.
Child support is separate from deciding parental responsibilities, although parenting arrangements can affect the calculation in some circumstances.
Illinois uses an income shares approach that considers the incomes of both parents. The calculation can also be affected by the number of children and applicable parenting-time provisions.
Financial responsibilities involving children can extend beyond the basic monthly support amount. Parents may also need to address health insurance, medical expenses, childcare, educational expenses, and certain extracurricular costs.
Keller Legal Services provides more detailed information about child support under Illinois law.
Maintenance, commonly referred to as alimony or spousal support, may become an issue when spouses have substantially different financial circumstances.
Maintenance is not automatically awarded because one spouse earns more than the other. Illinois law requires consideration of statutory factors in determining whether maintenance is appropriate.
The financial impact should also be considered together with property division rather than in isolation. The assets a spouse receives, available income, ongoing expenses, and support obligations can all affect the financial picture after divorce.
For cases in which spousal support is likely to be significant, Keller Legal Services’ maintenance and alimony practice addresses the issue in greater depth.
People often think of divorce as either “uncontested” or “contested,” but many cases fall somewhere in between.
Spouses may agree about some issues and disagree about others. For example, both parents might agree on a parenting schedule but remain far apart on property division or maintenance.
Resolving the issues where agreement is possible can narrow the dispute.
Negotiation can be productive when both spouses have adequate information and are willing to discuss reasonable alternatives.
A negotiated resolution can give the parties greater influence over the final terms rather than asking a judge to decide disputed issues.
However, reaching a settlement should not require agreeing before you understand the financial or parenting consequences.
Formal litigation may become more important when:
Even then, going to court does not necessarily mean the entire divorce will proceed to trial. Negotiations can continue while disputed matters move through the court process.
Glen Ellyn divorce cases are part of Keller Legal Services’ broader representation of families throughout DuPage County.
Prospective clients seeking information about county-wide representation can review our DuPage County divorce lawyers page. Keller Legal Services also handles the broader range of family law matters that can arise before, during, and after a divorce.
A final judgment does not necessarily mean that every obligation between former spouses disappears.
Parenting arrangements, child support, and certain maintenance provisions can continue for years. Changes in circumstances can sometimes create grounds to seek modification, while failure to follow an existing judgment may create an enforcement issue.
For example, a parent’s employment situation may change, children’s needs can evolve, or a parenting arrangement that once worked may become impractical.
The legal standards differ depending on what someone is seeking to change, so a modification should not be assumed simply because circumstances are different.
Keller Legal Services represents clients in post-decree enforcement and modification proceedings when issues arise after the original divorce.
No. Illinois divorce is based on irreconcilable differences. You generally do not need to prove marital misconduct to obtain a dissolution of marriage.
No. Illinois requires marital property to be divided in just proportions after consideration of the statutory factors. That does not automatically require a 50/50 division.
Parents can reach agreements concerning parental responsibilities, subject to applicable Illinois requirements and court approval. If they cannot agree, the court can determine disputed parenting issues based on the child’s best interests.
Do not assume that closing, transferring, or withdrawing money from accounts is the appropriate first step. Significant financial changes can have consequences during a divorce. An attorney can help you evaluate what may be appropriate based on your circumstances.
Depending on the provision and circumstances, enforcement proceedings may be available. Modification is a different process and may be appropriate when an existing order can legally be changed because circumstances have changed.
You may know that your marriage is ending without knowing exactly what should happen next. That is often the point when legal guidance is most useful.
Keller Legal Services can help you identify the financial and parenting issues that deserve attention, understand how Illinois divorce law applies, and evaluate whether your circumstances are suited to negotiation or require a more formal court process.
If you live in Glen Ellyn and are considering divorce or have already been served with divorce papers, call 630-505-1515 or contact Keller Legal Services to schedule a free consultation and discuss your next steps.
