Divorce in Illinois

Divorce inevitably involves some level of conflict. When a divorce becomes contested—meaning you and your spouse disagree on significant matters like child custody or property division—the process typically extends and becomes more costly compared to an amicable separation. 

Division of Assets & Property

Both spouses must determine how to handle the division of the marital home, retirement funds, debts, and any other properties owned by the couple (cars, boats, vacation property, etc). The law may dictate how these can be be divided, or the couple can mutually agree on the division of each. It’s advisable for each party to consult their own attorney since dividing property can become complex depending on the types of assets involved, and both parties want to be sure the division is equitable. 

Once the division is agreed upon and court approved, further documents may need to be filed in court. For example, a deed may need to be filed to transfer ownership of a property. A buyout may also be an agreed upon option for some assets or properties such that one party provides a payment for a portion of the property. 

Before the division of assets and property is finalized, it must be approved by a judge in court. Utilizing an experienced Illinois family law attorney will provide you with critical guidance in this process to ensure you receive your fair portion. 

Maintenance/Spousal Support

Formerly referred to as “alimony”, spousal support or maintenance is a payment made to the other party for a period of time. In the early stages of the divorce, the court may grant a temporary maintenance amount that is to be paid until the marital settlement agreement is finalized. If a spouse has been out of work, assumed the role of a stay at home parent, is disabled preventing him/her from working, temporary maintenance may also be granted. The judge may place a time limit while the divorce proceeds. Spousal support in Illinois will generally terminate once a former spouse co-habitats with another partner, remarries, or reaches retirement age allowing them to collect retirement income. It is important to consult with a family law attorney to fully understand what maintenance you may be entitled to and the terms required for those payments to be made.

Child Custody and Child Support

A key component to divorces where children are included is a parenting plan. This will outline the allocation of time between parents, child support payments and any other child related fees that will be shared, holiday time between two homes, healthcare, religious observances, education (through college years), summer schedules, and other special occasions. The parenting plan can be complex, challenging and time consuming to outline. When discussing these arrangements with your attorney, be sure he/she understands the arrangements you prefer and provide any documentation to help support your preferences. The state of Illinois generally favors a 50/50 division of time between both parents when the situation allows for it. If that needs to be modified, the most cost effective and efficient way to do this is through both parties effectively communicating the terms. When an agreed upon plan cannot be established, the court will determine the visitation schedule and all the other components that need to be established. In many cases, a Guardian ad Litem may be assigned to represent the child and make recommendations to the court in the child’s best interest. In some instances, it may be recommended that expert witnesses get involved to add another level of expertise to the situation so that the correct financial and domestic arrangements are determined.  

With respect to child support, the state of Illinois takes into account several factors: the incomes of each parent, the ability for both parents to contribute, the needs of the children, and how much time the children spend with each parent. Child support can be a significant expense for a parent, and it can be a vital monthly payment to the parent receiving the support. It is strongly encouraged for you to seek the guidance of a family law attorney to be sure the calculations are done correctly to be sure all parties are treated fairly.

Mediation

In Illinois, the role of a mediator in a divorce is to act as a neutral third party who facilitates discussions between spouses to help them reach agreements on contentious issues without needing to rely entirely on litigation. A mediator does not take sides, provide legal advice, or make decisions for the parties. Instead, they guide productive communication, help identify shared goals, and encourage compromise to achieve mutually acceptable solutions. Their goal is to reduce conflict and help the divorcing spouses maintain more control over the outcome, rather than leaving critical decisions in the hands of a judge.

Mediation is often required in certain cases, particularly those involving child custody and parenting time disputes, as per local court rules. A qualified mediator, often with a background in law, counseling, or social work, ensures the discussions remain respectful and focused. If the spouses reach an agreement through mediation, the mediator may draft a Memorandum of Understanding or similar document summarizing the terms. However, each party’s attorney will review and formalize the agreement to ensure it aligns with Illinois law before submitting it to the court for approval.

Mediation offers benefits such as saving time and money, reducing emotional stress, and fostering cooperation, which is especially valuable for co-parenting relationships. However, it is important for each spouse to have legal representation to ensure their rights and interests are protected throughout the mediation process.

Timeline for a Divorce in Illinois

A contested divorce takes time. The more that a couple can work out ahead of time through amicable discussion, the faster the process. A fast divorce may be 8 weeks with 1-2 appearances before the judge. A complex, more hostile divorce can take 12-24 months. When agreements cannot be made between the parties, the divorce often proceeds into litigation which can vary in time depending on the number of factors that need to be settled. Divorces are complex and there are many components that way heavily on each side. In the end, it is important that both sides receive legal guidance to be sure that all parties are satisfied with the outcome and Illinois state laws are followed. 

Alan Lenczycki has practiced family law for over a decade and can help you navigate the legal system. Divorces are stressful, emotional and can be costly. He guides his clients in an effective manner with the intention of moving the process efficiently, while strongly advocating for your rights. Contact us today for a complimentary initial consultation. 

**If you are considering a legal separation instead of a divorce, please watch my video “Legal Separation vs Divorce” to learn more about the difference.