5 Difficult Truths About Divorce In Illinois That No One Wants to Talk About
Divorce is rarely simple. Even when both parties agree that the marriage is over, the emotional, financial, and legal consequences are often more difficult than people expect. I’ve worked with clients from all walks of life. Some who never imagined they’d be ending a marriage, and others who knew it was coming for years.
Regardless of how you arrive at this point, certain realities about the divorce process in Illinois are hard to accept.
These are not easy topics to discuss, but they are essential for anyone considering or going through a divorce in Schaumburg or anywhere in the Chicago area. Being prepared means facing the uncomfortable truths with honesty and a clear understanding of what the law requires and permits.
Let’s look at five of the most difficult truths about divorce under Illinois law that few people want to talk about, but that you absolutely need to know.
Truth #1: Illinois Is A No-Fault Divorce State, So Blame Doesn’t Matter Legally
One of the most misunderstood facts about divorce in Illinois is that our state uses a “no-fault” system. This means you don’t need to prove your spouse did anything wrong to get divorced. Under 750 ILCS 5/401, the only legally accepted ground for divorce is irreconcilable differences and that’s enough for the court to dissolve the marriage.
Clients often ask if infidelity, abandonment, or financial misconduct will help them “win” the divorce. The truth is, the court is not going to assign blame. These issues can influence certain aspects, like how property is divided or parental responsibilities are awarded, but, in general, the emotional wrongdoing doesn’t play a role in ending the marriage.
Truth #2: Equitable Distribution Doesn’t Always Mean Equal
When we talk about dividing marital property, many assume everything gets split 50/50. That’s not how it works in Illinois. Under 750 ILCS 5/503, the court divides property equitably—not equally. This means the court will consider a variety of factors, including each spouse’s contributions to the marriage, earning capacity, and future financial circumstances.
For many clients, it comes as a shock that years of financial sacrifices, such as leaving a job to raise children—can complicate what they thought would be a straightforward split. A business, a pension, or even stock options can be considered marital property, depending on when and how they were acquired. Expecting a clean divide can lead to frustration if you don’t fully understand what “equitable” means in your specific case.
Truth #3: Custody Is Now Called “Allocation Of Parental Responsibilities,” And It’s Never About Winning
Parents going through a divorce often want “full custody,” but that terminology has changed in Illinois. Today, we refer to it as allocation of parental responsibilities and parenting time, under 750 ILCS 5/600.
No parent “wins” custody anymore. Instead, courts focus entirely on the best interests of the child, including which parent has been the primary caregiver, each parent’s ability to cooperate, and the child’s own wishes (if they’re mature enough to express them). The court may award significant parenting time to both parents or assign decision-making responsibilities differently for education, religion, healthcare, and extracurricular activities.
Many clients feel devastated when they realize they won’t get the outcome they expected. But even a well-prepared parent who’s deeply involved in their child’s life may need to adjust to a parenting schedule that doesn’t reflect the past status quo.
Truth #4: Divorce Can Take Longer And Cost More Than You Expect
A common misconception is that once you file for divorce, everything is wrapped up in a few months. In reality, even a relatively amicable divorce in Illinois can take several months, and contested divorces can take well over a year.
Court schedules, required waiting periods, mandatory parenting classes (for those with children), document production, and negotiation or litigation delays all play a role. The longer the case goes, the more it costs, both financially and emotionally. Legal fees, forensic accountants, custody evaluations, appraisals and these expenses can add up quickly.
This is why it’s so important to get realistic about the process early on. The more prepared you are and the more willing both sides are to cooperate, the more you can control costs and timelines.
Truth #5: Divorce Doesn’t End The Relationship, Especially When Children Are Involved
Ending a marriage doesn’t mean cutting ties entirely, particularly if you share children. Co-parenting requires ongoing communication, cooperation, and shared responsibility. You’ll likely attend school events together, navigate holidays, and face new parenting challenges post-divorce.
Under Illinois law, both parents are presumed to have meaningful roles in the child’s life. The Parenting Plan, which must be filed with the court, outlines how decisions will be made and how time will be divided. This agreement can be reviewed and modified later, but it requires mutual effort from both parties to make it work.
For some clients, this is the hardest truth of all: that even after divorce, your former spouse may remain a permanent part of your life.
Frequently Asked Questions About Divorce In Illinois
What Is Considered Marital Property In Illinois?
Marital property includes nearly everything acquired by either spouse during the marriage—regardless of whose name is on the title. That includes income, homes, vehicles, retirement accounts, business interests, and even debts. Property that was acquired before the marriage, inherited, or gifted to one spouse only may be considered non-marital, but if those assets were mixed with marital assets, they might become subject to division. This is why proper documentation and legal analysis are essential when preparing for property division in Illinois.
Can I Move Out Of State With My Child After Divorce?
Not without court approval. Under 750 ILCS 5/609.2, if you want to move more than 25 miles from your current residence (or more than 50 miles if you live in a collar county), you must first notify the other parent and file a petition with the court. The judge will then decide whether the move is in the best interest of the child. Factors include the reasons for the move, the relationship between the child and each parent, and the impact on parenting time. You cannot simply relocate with the child without following the proper legal process.
Is There A Waiting Period To Get Divorced In Illinois?
There is no mandatory waiting period once both parties agree that irreconcilable differences have caused an irretrievable breakdown of the marriage. However, if one party disputes that, the court may require proof of living “separate and apart” for six months, which creates an irrebuttable presumption under 750 ILCS 5/401(a-5) that the marriage is irretrievably broken. “Separate and apart” doesn’t necessarily mean living in different homes—it can mean living under the same roof but leading separate lives.
Can Temporary Orders Be Issued During A Divorce?
Yes. Temporary orders can be requested early in the divorce to address immediate concerns like child support, parenting time, or spousal maintenance. These orders are legally binding but only remain in effect until the final divorce judgment is entered. They help provide structure and financial stability during the process. Illinois courts are especially attentive to the needs of children and may expedite temporary parenting orders where appropriate.
Do I Need A Lawyer If My Divorce Is Uncontested?
Even in uncontested cases, legal representation is extremely helpful. You may agree on the terms now, but your divorce decree is a legally binding document with long-term implications. Mistakes in property division, support obligations, or parenting plans can create problems later. A lawyer ensures your agreement complies with Illinois law, protects your rights, and anticipates potential issues. If your case is simple, the cost of a lawyer is often minimal compared to the cost of fixing mistakes later.
Call The Law Office Of Fedor Kozlov Today
If you’re considering divorce or have already started the process, the Law Office of Fedor Kozlov is here to help you make smart, informed decisions that protect your future and your family. We understand that divorce is more than just a legal process, it’s one of the most personal challenges you’ll ever face. Whether you’re dealing with property division, child custody, parenting time, paternity, or post-divorce modifications, we’re prepared to guide you through every step with compassion and clarity.
Call our Chicago divorce lawyer at the Law Office of Fedor Kozlov at (847) 241-1299 to schedule a consultation. Our firm proudly serves clients in Schaumburg, Arlington Heights, Hoffman Estates, and throughout the Chicago area. We handle both contested and uncontested divorces, and we are committed to finding the solution that works best for your unique circumstances.
