Family Law FAQ

Yes. Since 2016, Illinois recognizes only one ground for divorce, irreconcilable differences, so you do not have to prove that either spouse did anything wrong. The court looks at whether the marriage has broken down and cannot be repaired, not at who was at fault. That single ground is set by 750 ILCS 5/401(a), and under 750 ILCS 5/401(a-5) living separate and apart for a continuous period of at least 6 months immediately before judgment creates an irrebuttable presumption that the requirement is met. Those figures come from the Circuit Clerk of Will County fee schedule effective July 12, 2026 and updated September 3, 2026. The formula is set out at 750 ILCS 5/504(b-1)(1)(A). The factors the court weighs are listed at 750 ILCS 5/602.5 for decision making and 750 ILCS 5/602.7 for parenting time. One threshold is worth knowing: under 750 ILCS 5/505(a)(3.8), if each parent has 146 or more overnights a year the basic obligation is multiplied by 1.5 and the two amounts are offset. Separately, under Illinois Supreme Court Rule 101(e), a dissolution summons carries notice of a dissolution action stay that takes effect on service, restraining both parties from harassing or interfering with the other and from concealing a child, enforceable by contempt. If you are weighing whether to file, call Jeff at (815) 838-5297 to talk through what that means for your case.

It depends on how much the two sides agree. An uncontested divorce where both spouses agree on every issue can sometimes finish in a few months, while a contested case involving disputes over property, support, or parenting can take a year or more. We work to resolve matters as efficiently as your situation allows. Call Jeff at (815) 838-5297 for a realistic timeline based on your facts.

As of 2026, filing a dissolution petition in Will County costs $369, and filing an appearance as the respondent costs $244, per the Circuit Clerk of Will County's fee schedule effective July 12, 2026 and updated September 3, 2026. If your spouse does not accept papers voluntarily, the Sheriff's Office charges its own separate fee for service of process, which varies by where the other party has to be found, on top of smaller costs like subpoena fees and certified copies. Filing fees are only part of the total cost of a case. Call Jeff at (815) 838-5297 for a clear picture of the likely fees in your situation before you commit to anything.

Illinois follows equitable distribution, which means marital property is divided fairly, though not always equally. The court weighs factors such as each spouse's contributions, the length of the marriage, and each person's economic circumstances, and property you owned before the marriage is generally treated as non-marital and stays with you. Illinois is not a community property state, so there is no automatic 50/50 split. Call Jeff at (815) 838-5297 to go over what that likely means for your assets.

There is no rule that the person on the deed automatically keeps the house, and no rule that it splits evenly. Illinois divides marital property in just proportions under 750 ILCS 5/503, and a judge weighs factors like each spouse's contributions, the marriage length, and whether it serves the children for the home to go to the parent with primary custody. Most cases end in selling and splitting proceeds, one spouse buying out the other, or one spouse keeping the house and refinancing the mortgage into their own name. Call Jeff at (815) 838-5297 to talk through what makes sense for your house.

For most couples, Illinois uses a statutory guideline formula. The guideline amount is 33.3 percent of the payer's net annual income minus 25 percent of the receiver's net annual income, and the maintenance plus the receiver's own net income cannot exceed 40 percent of the couple's combined net income. These guidelines apply when the spouses' combined gross income is under $500,000, and the duration is tied to the length of the marriage through a set of statutory percentages. Call Jeff at (815) 838-5297 to see how the formula applies to your numbers.

Illinois no longer uses the word custody. Instead, courts allocate parental responsibilities, which cover decision-making, and parenting time, which is the schedule with each parent, and every decision is guided by the best interests of the child. Judges weigh factors like each parent's involvement, the child's needs, and the family's existing routine. Call Jeff at (815) 838-5297 to discuss how these factors apply to your family.

It depends on the county. Under 750 ILCS 5/600(g), if your child's home is in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles within Illinois counts as a relocation, and in any other Illinois county the threshold is more than 50 miles. Moving out of state counts as relocation once you are more than 25 miles from the child's current home, and relocating requires written notice to the other parent and, if they object, court approval. Call Jeff at (815) 838-5297 before you make plans, so the move is not put at risk.

Illinois uses the income shares model under 750 ILCS 5/505. Each parent's net monthly income is calculated using the state's conversion table, the two incomes are combined and looked up on the Illinois Schedule of Basic Child Support Obligations, and that basic obligation is split between the parents based on each one's share of the combined income. Parenting time also factors in, since once each parent has the child for 146 or more overnights a year the calculation adjusts to reflect that both households cover day to day costs. Call Jeff at (815) 838-5297 to see what the guidelines suggest for your situation.

Under Illinois Supreme Court Rule 101(d), you generally have 30 calendar days from the date of service to file an appearance and typically an answer. The day you were served does not count toward the total, and weekends and holidays count too, though a deadline landing on one usually pushes to the next business day. Missing this window risks a default judgment, where the court can grant what your spouse asked for without hearing your side. Call Jeff at (815) 838-5297 as soon as you are served, not after the deadline passes.

Under 750 ILCS 5/401(a), the court can enter a divorce judgment when at least one spouse has been an Illinois resident, or stationed here in the armed services, for the 90 days before the case is commenced or the finding is made. Only one spouse needs to meet that requirement, and you can file before the 90 days are up. Call Jeff at (815) 838-5297 to ask how the timing applies to you.

Yes, but the bar is high. Under 750 ILCS 5/602.9, a grandparent must first meet one of five standing conditions, such as a parent being deceased, incompetent, incarcerated for more than 90 days, the parents being divorced or separated with one not objecting, or the child being born to unmarried parents who are not living together. Meeting a standing requirement only gets a grandparent in the door, since Illinois law presumes a fit parent's decision about visitation is not harmful to the child, so the grandparent must also show the parent unreasonably denied visitation and that the denial caused the child harm. Call Jeff at (815) 838-5297 to find out whether your situation meets the standard.