DuPage County Divorce Attorneys

Divorce can affect nearly every part of your daily life-from finances and property to where your children live and what your family looks like moving forward. Understanding your options can help you make informed decisions before agreeing to terms with long-term consequences.

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Understanding Divorce in Illinois

Illinois is a no-fault divorce state. This means a marriage can end because of irreconcilable differences, without proving wrongdoing.

Illinois law requires addressing issues such as property, support, and parental responsibilities before or as part of the final judgment.

Some divorces can be resolved through agreements between spouses, while others involve significant disagreements over children, finances, property, and other issues.

Divorce Path Depends on Circumstances, Including:

  • Whether you and your spouse agree on major issues
  • Whether you have minor children
  • The property and debts accumulated during the marriage
  • Each spouse’s income and financial circumstances
  • Whether either spouse is requesting maintenance
  • Whether temporary court orders are necessary
  • The level of conflict between parties

Issues That May Need to Be Resolved During a Divorce

Parenting Time

Establish a parenting schedule that determines when the children will spend time with each parent.

Parental Responsibilities

Decisions concerning education, healthcare, religion, and extracurricular activities.

Property & Debt Division

Determine which assets and debts are marital or non-marital property and divide the marital estate.

Child Support

Based on the parents’ financial circumstances, parenting arrangement, and applicable Illinois guidelines.

Spousal Maintenance

One spouse may request maintenance or “alimony.” The court considers several factors when determining if maintenance is appropriate.

Agreements & Litigation

Some spouses can negotiate agreements that resolve most or all divorce issues. The court may need to decide unresolved matters.

Contested vs. Uncontested Divorce

Not every divorce requires lengthy disputes. A divorce is generally considered uncontested when spouses can reach agreements on the issues that must be resolved.

Those issues can include property division, debt allocation, parenting time, parental decision-making, child support, spousal maintenance, and other financial or family-related matters.

A divorce becomes contested when spouses cannot agree on issues such as parenting schedules, the marital home, business interests, retirement accounts, and property valuation.

Common Questions Regarding Contested and Uncontested Divorce We Answer for Our Clients

  • What is an uncontested divorce?
  • What is a contested divorce?
  • Is an uncontested divorce faster?
  • Can a contested divorce settle before trial?
  • What issues commonly cause a divorce to be contested?
  • Does everything have to be agreed on for a divorce to be uncontested?
  • Do contested divorces always go to trial?
  • Can an uncontested divorce become contested?

What Does the Divorce Process Look like?

1

Initial Case Evaluation

Identify primary legal, financial, and parenting issues involed.
2

Filing the Divorce Case

One spouse files a Petition for Dissolution of Marriage.
3

Service and Response

The other spouse generally receives formal notice of the divorce proceedings and has the opportunity to respond.
4

Temporary Issues

Address issues such as parenting time, possession of residence, support and expenses.
5

Financial Disclosure and Discovery

Parties exchange information concerning income, bank account, real estate, and other financial matters.
6

Negotiation or Mediation

Spouses and their attorneys may work toward agreements resolving some or all outstanding issues.
7

Court Proceedings

If issues remain unresolved, hearings or other court proceedings may be necessary.
8

Final Judgment

Once required issues have been resolved through agreement or court decision, the court enters the final Judgment for Dissolution of Marriage.