Family Law FAQs
Family law disputes can involve difficult legal, financial, and personal issues that affect families long after a case is resolved. Whether you are considering divorce, dealing with parenting disputes, addressing financial concerns, or navigating post-decree conflicts, understanding your rights and legal options under Illinois law is extremely important.
Below are answers to some of the most common questions individuals have about divorce and family law matters in Illinois. You can also review our Divorce FAQs, Child Custody FAQs, Property Division FAQs, and additional Illinois family law resources for more detailed information.
Divorce & Family Law Questions
Do I Need an Attorney to Get Divorced in Illinois?
Illinois law does not require spouses to hire an attorney in order to obtain a divorce. However, many divorce cases involve important issues concerning parenting rights, property division, financial support, business interests, retirement assets, or post-decree obligations that can carry long-term consequences.
Even cases that initially appear uncontested may later involve disagreements concerning parenting schedules, disclosure of financial information, support obligations, or settlement terms. Working with an attorney can help you better understand your rights, avoid costly mistakes, and develop a legal strategy tailored to your circumstances.
What Are the Grounds for Divorce in Illinois?
Illinois is a no-fault divorce state. Under 750 ILCS 5/401, the only legally recognized basis for divorce is irreconcilable differences causing the irretrievable breakdown of the marriage.
Illinois courts generally presume irreconcilable differences exist when spouses have lived separately for at least six months, although separation does not always require living in separate residences. Because Illinois follows a no-fault system, courts generally do not award advantages to one spouse based solely on allegations involving infidelity or marital misconduct.
Does It Matter Which Spouse Files for Divorce First?
In many situations, filing first does not significantly affect the final outcome of a divorce case. However, there can be strategic advantages depending on the circumstances involved.
The spouse who files first may have more control over the initial timing of the case, how issues are presented before the court, and venue selection in certain situations. Still, the overall facts of the case, financial issues, parenting disputes, and legal strategy are usually far more important than simply who filed first.
How Much Does Divorce Cost in Illinois?
The cost of a divorce can vary substantially depending on the complexity of the case and the level of conflict between the parties involved. Some uncontested matters can be resolved relatively efficiently, while contested litigation involving custody disputes, business valuation issues, hidden assets, or substantial financial disagreements may require significantly more time and legal work.
Factors that commonly affect divorce costs include:
- Whether the case is contested
- Parenting or custody disputes
- Complex property division issues
- Business ownership interests
- Requests for spousal maintenance
- Emergency motions or hearings
- Financial experts or business valuations
Because every case is different, it is important to discuss the specific facts of your situation with an attorney.
How Long Does a Divorce Take?
There is no single timeline that applies to every Illinois divorce case. Some uncontested divorces may be resolved relatively quickly, while contested matters involving parenting disputes, financial litigation, or post-decree conflicts can take substantially longer.
The timeline of a divorce often depends on the complexity of the issues involved, the willingness of the parties to negotiate, court scheduling, and whether the case requires extensive litigation or evidentiary hearings.
Property Division & Financial Questions
Does Illinois Divide Property 50/50?
No. Illinois follows the doctrine of equitable distribution, meaning marital property is divided fairly but not necessarily equally.
Under 750 ILCS 5/503, Illinois courts evaluate numerous factors when dividing marital property, including:
- Each spouse’s contribution to the marriage
- The length of the marriage
- Economic circumstances of the parties
- Dissipation of marital assets
- Future earning capacity
- Existing financial obligations
- Parenting responsibilities
- Tax consequences
Property division disputes can become especially complicated when cases involve businesses, retirement accounts, investment assets, real estate holdings, or allegations involving hidden assets.
Is Spousal Maintenance Required In Illinois?
Spousal maintenance, sometimes referred to as alimony or spousal support, is not automatically awarded in every divorce case. Illinois courts evaluate multiple statutory factors when determining whether maintenance is appropriate and, if so, the amount and duration of support.
Courts may consider the parties’ income, earning capacity, financial needs, future employment opportunities, the standard of living established during the marriage, and the overall financial circumstances of each spouse. Maintenance disputes frequently overlap with broader property division and financial litigation issues.
What Is a True-Up Clause in an Illinois Divorce?
A true-up provision is commonly used when one spouse receives fluctuating income through bonuses, commissions, business distributions, or other variable compensation. Under these agreements, the parties may periodically exchange financial records such as tax returns, W-2 forms, 1099 forms, payroll documentation, and other income records to determine whether additional support payments may be owed.
True-up clauses can become highly complicated in cases involving business income, self-employment earnings, or substantial variable compensation.
Parenting & Custody Questions
Can I Move Out of State With My Child After Divorce?
Relocation disputes in Illinois are governed by specific statutory rules and often require either court approval or the consent of the other parent.
When evaluating relocation requests, Illinois courts generally consider factors involving the child’s best interests, including the reasons for the proposed move, educational opportunities, parenting time considerations, family support systems, and the impact relocation may have on the child’s relationship with both parents.
Because relocation disputes can become highly contested, these matters often require careful legal planning and detailed court analysis.
Can I Date During a Divorce?
Dating during a divorce is not prohibited, but it can sometimes affect certain aspects of a family law case depending on the circumstances involved. For example, new relationships may become relevant in disputes involving parenting concerns, living arrangements, or financial support issues.
While Illinois courts generally do not punish spouses for dating, the surrounding circumstances can still affect litigation strategy or parenting-related concerns in some cases.
Can One Lawyer Represent Both Spouses In A Divorce?
No. An attorney cannot ethically represent both spouses in a contested divorce or family law matter because each party has independent legal interests that may conflict with the other party’s interests.
Even in situations where spouses generally agree on many issues, each party still has separate rights involving parenting matters, financial obligations, property division, and future legal claims. For that reason, each spouse should have the opportunity to obtain independent legal advice before signing agreements or finalizing a divorce.
Contact Our Illinois Family Law Attorneys
The Law Office of Fedor Kozlov, P.C. represents individuals and families throughout Illinois in divorce, parenting disputes, financial litigation, post-decree proceedings, DCFS matters, and other complex family law disputes.
To discuss your situation confidentially, call 847-241-1299 to schedule an initial consultation.
