Deciding to end a marriage often raises financial and family questions before a divorce case is ever filed. What will happen to the house? How will retirement accounts be handled? Where will the children live? Will one spouse pay support? What happens if you and your spouse agree on some issues but strongly disagree on others?
Keller Legal Services represents clients in Lombard and throughout DuPage County in divorce proceedings under Illinois law. We help clients identify the decisions that need to be made, understand the potential consequences of different options, and develop a strategy for moving the case toward resolution.
Some divorces can be resolved largely through negotiation. Others require discovery, contested hearings, or ultimately a trial. Whatever direction a case takes, having a clear understanding of the financial and parenting issues can help you make informed decisions rather than simply reacting as the divorce unfolds.
Illinois uses a no-fault system for divorce. Under 750 ILCS 5/401, the legal 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.
You do not need to prove that your spouse caused the marriage to fail through adultery, abandonment, or other misconduct.
Illinois also imposes a residency requirement. Generally, one spouse must have been an Illinois resident, or stationed in Illinois while a member of the armed services, for at least 90 days before commencement of the action or the required finding by the court.
Once a divorce is underway, the marriage cannot ordinarily be dissolved without addressing or appropriately reserving issues involving property, maintenance, child support, and parental responsibilities when those issues apply.
Our divorce attorneys can help clients understand the broader dissolution process and the decisions that may arise along the way.
People sometimes assume a divorce must fall neatly into one of two categories: completely uncontested or highly contested.
In practice, spouses may agree about many things while remaining divided over one or two important issues.
For example, a couple might agree on how parenting time should work but disagree over the marital home. Another couple may have reached an understanding about most property but remain far apart on maintenance.
If all necessary issues can ultimately be resolved by agreement, the spouses can present their settlement to the court as part of the process of finalizing the divorce.
When important disagreements remain, those issues may require additional negotiation, mediation, discovery, hearings, or a decision by the court.
The goal should not simply be to label a case “contested” or “uncontested.” It should be to identify what is actually preventing resolution and determine the most sensible way to address it.
Property division can become one of the most consequential parts of an Illinois divorce.
Illinois does not automatically split everything in half. Under 750 ILCS 5/503, the court first distinguishes marital from non-marital property and divides marital property in just proportions after considering the relevant statutory factors.
That makes identifying and classifying property an important step before deciding what constitutes a reasonable settlement.
Assets and obligations that may need attention include:
Property acquired during the marriage is generally presumed to be marital unless an exception applies. Illinois law recognizes categories of non-marital property that can include certain premarital property, gifts, inheritances, and property excluded through a valid agreement.
Those classifications can become complicated when marital and non-marital funds have been combined or when one estate has contributed to another.
Keller Legal Services provides more detailed guidance concerning property division in an Illinois divorce and the related treatment of marital debt.
For parents, a divorce agreement or judgment can establish arrangements that affect daily family life for years.
Illinois law addresses two related but distinct concepts: significant decision-making responsibilities and parenting time.
Under 750 ILCS 5/602.5, courts allocate significant decision-making responsibilities according to the child’s best interests. These responsibilities can involve education, health, religion, and extracurricular activities.
Parenting time concerns when each parent is responsible for the child’s care. Illinois law likewise requires parenting time to be allocated according to the child’s best interests.
Our attorneys represent parents in child custody and parenting disputes and matters involving the allocation of parental responsibilities.
Broad agreements can create problems when parents discover that they interpreted the terms differently.
A useful parenting plan may need to address practical questions such as:
The right arrangement depends on the children’s needs and the family’s circumstances. The objective is to create terms that can actually function once the parents are maintaining separate households.
Child support is determined separately from the allocation of parental responsibilities.
Illinois uses an income shares approach that generally begins with both parents’ incomes and the number of children for whom support is being calculated. Parenting time and certain expenses associated with the children can also affect the ultimate obligation.
That is different from the older approach of simply applying a percentage to the income of the parent paying support.
Health insurance, childcare, medical costs, extracurricular expenses, and other child-related expenses may also need to be addressed depending on the circumstances.
Keller Legal Services provides additional information about child support under Illinois law.
One spouse may seek maintenance, commonly referred to as alimony or spousal support, during a divorce.
Maintenance is not automatically awarded merely because one spouse earns more than the other. Illinois law requires consideration of statutory factors when determining whether an award is appropriate.
The financial analysis can involve the spouses’ income, needs, earning capacity, property, the length of the marriage, and other circumstances.
When maintenance is likely to be disputed, it is important to consider how it interacts with property division and each spouse’s expected financial position after the divorce. Our maintenance and alimony practice addresses this subject in greater detail.
It is difficult to evaluate a divorce settlement without knowing what property, income, and debt actually exist.
Some couples have relatively straightforward finances and can exchange the necessary information without substantial disagreement. Other cases require more formal discovery.
Documents that may become relevant include:
Discovery can be particularly important when spouses disagree about the value or ownership of property or when there are questions about whether all assets and income have been disclosed.
Divorces involving businesses, substantial investments, multiple properties, or other significant assets can raise additional valuation and classification issues. Keller Legal Services addresses these concerns separately in its discussion of high net worth divorce.
Settlement can be an effective way to resolve a divorce, but settling and simply conceding are not the same thing.
A useful negotiation starts with understanding the available information, the disputed issues, and the potential consequences of proposed terms.
That may involve evaluating questions such as:
What matters most after the divorce? Keeping a particular asset may be less valuable if doing so creates an unsustainable financial obligation.
Are parenting terms specific enough? An agreement that sounds cooperative today can become difficult to administer if important details are left unresolved.
Is the financial information complete? Settlement discussions are more meaningful when both spouses understand the marital estate.
What happens if no agreement is reached? Understanding the issues a court would eventually decide can help put settlement positions into perspective.
Not every disagreement needs to become a courtroom battle. At the same time, some issues cannot be resolved without judicial involvement. Keller Legal Services represents clients in both negotiated and contested divorce proceedings.
Lombard is in DuPage County, so divorce and related domestic relations matters involving Lombard residents will generally proceed through the DuPage County court system when DuPage County is the proper venue.
Keller Legal Services represents clients in Lombard as part of our broader DuPage County divorce practice. Divorce is also only one component of the firm’s broader family law representation, which includes parenting, support, paternity, post-decree proceedings, and other family-related matters.
A divorce judgment establishes legally enforceable obligations, but circumstances do not necessarily remain the same after the case ends.
A parent’s work schedule may change. Income may increase or decrease. Children’s needs may evolve. A former spouse may fail to comply with an obligation imposed by the judgment.
Some parenting, child-support, and maintenance provisions may be modified when the applicable legal requirements are satisfied. Enforcement proceedings may be necessary when an existing order is not being followed.
Property division is different and generally should not be approached with the assumption that the final terms can simply be changed later.
Our attorneys assist former spouses with post-decree enforcement and modification when issues arise after the original divorce proceeding.
No. Selling the marital residence is one possible outcome, but it is not required in every divorce. Depending on the finances and overall property division, one spouse may retain the home, the spouses may agree to sell it, or another arrangement may be reached.
Illinois law directs courts to divide marital property without regard to marital misconduct. Financial conduct that affects the marital estate can present a different issue, which is one reason the underlying financial facts matter.
Parents can propose an agreed parenting plan. If the plan is approved by the court, the parents can avoid having a judge create the parenting schedule for them. When parents cannot agree, the court can allocate parenting time according to the child’s best interests.
One spouse generally cannot prevent the other from obtaining a divorce simply by refusing to agree to it. Disputed financial or parenting issues may make the proceeding more complicated, but Illinois does not require both spouses to consent to ending the marriage.
Significant financial decisions made immediately before or during a divorce can create legal and practical complications. Before transferring substantial funds, selling property, changing ownership, or taking other major steps, it can be useful to understand how the decision may affect the divorce.
The early stages of divorce are often when people have the most questions and the least certainty about what their financial or parenting arrangements will eventually look like.
Keller Legal Services helps Lombard clients identify the issues that need attention now, the information that should be gathered, and the decisions that can wait until the facts are clearer. Whether you expect to negotiate an agreement or anticipate significant disagreements, understanding your position before making major decisions can make the process more manageable.
Call 630-505-1515 or contact Keller Legal Services to schedule a free consultation about your divorce and discuss your options under Illinois law.
