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Illinois Divorce Lawyers

As most people know, divorce in Illinois is the process of ending a marriage. It can include court orders regarding child support, child custody and division of property between a couple as well as orders for other financial support. Despite what you may hear, there are no guarantees as to the outcome of a divorce in Illinois and every issue in a divorce can be negotiated. Depending on how agreeable the husband and wife are a divorce can be over in a matter of months or take years if needed. Most Illinois divorces are obtained through a settlement rather than a trial, but a settlement will only occur if both parties agree to the settlement.

Often people contact us looking for a "legal separation." In Illinois that only occurs by actually filing for a divorce. During that time the court can issue temporary orders related to custody and financial issues. It is not a process by which Illinois courts dissolve the marital assets, but rather provides temporary limited relief to the parties.

People also often ask us for referrals to Illinois divorce lawyers with experience in cases where a spouse has committed adultery. Regrettably, other than being a ground for divorce, the fault of one spouse means nothing under Illinois law or in an Illinois courtroom. The only possible exception to this is in child custody matters when it can be shown that the cheating could affect the safety or development of a child.

If your spouse has filed for divorce or if you are thinking about filing for divorce it is natural that you would have a lot of questions. We can refer you to Illinois divorce lawyers -throughout the state including divorce attorneys in Chicago, Lake, DuPage, Will and Kendall County, Central and Southern Illinois- who focus their practice on representing people in divorce and will do a good job of answering your questions. You can also contact us and speak with one of our staff Illinois lawyers for free. All calls and e-mails are 100% confidential. For more information about Illinois divorce laws and the Illinois divorce process please click on the links below.

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Father’s Rights & Paternity

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Since 2001 we have helped more than 100,000 people with Illinois legal matters. Call us at (312) 346-5320 to see if we can help you find a lawyer or offer you some guidance.

Findgreatlawyers.com is a free service, run by Illinois lawyers, to help people with any Illinois legal matter including finding Chicago divorce lawyers or attorneys for divorce in Wheaton, Waukegan, Kane County family lawyers and divorce law firms anywhere else in Illinois.

Did you know these  legal facts, news, tips?

Lawsuit proceeds are marital property

If you or your spouse wins a lawsuit and gets a big check, that money is considered martial property. In Illinois, all marital property is to be divided equitably upon divorce. So even if the lawsuit was about a car accident injury that only affected one spouse, they both have some entitlement to the money since it was received during the marriage. It’s treated like income from a job, or retirement benefits earned during the marriage. Things that are not considered marital property: anything owned prior to the marriage and a few things received during, such as an inheritance or gift.

Child support guidelines: What you can expect to pay

These are not mandatory, but they are guidelines mentioned in the law that are usually followed. The bottom line is that the judge can stray from the guidelines if they think it’s in the best interest of the child or children. Here are the percentages of net income (after certain deductions) that you can expect to pay for child support, according to Illinois law:

  • For one child, 20%
  • For two children, 28%
  • For three children, 32%
  • For four children, 40%
  • For five children, 45%
  • For six or more, 50%

Other factors that the judge can consider include the financial resources of the child and the custodial parent, the standard of living the child would have enjoyed had the marriage not ended, the physical and emotional condition of the child and educational needs, and the financial resources of the non-custodial parent.

QDROs (Qualified Domestic Relations Orders)

These are used to split retirement plans in a divorce. Retirement plans are considered marital property, and should be divided equitably upon divorce. Any retirement money earned before the marriage is separate, however, and should not be shared.

Because retirement plans aren’t easy to split, especially pensions that don’t have a set current value, it’s not as easy as drawing a line down the middle. After the two parties agree to how it will be split (perhaps using an expert to determine value), a QDRO is used to carry out the split. The document is sent to the retirement plan administrator. It basically tells them to create two accounts from the original account, one in each spouse’s name. We almost always recommend having an attorney during this process.

If you can’t find your spouse, you can still divorce

If your spouse left without keeping in touch, and you can’t locate them through employment or family members or any other records, then you can still get a divorce. You just have to take a few extra steps to show the court that you tried to locate them and notify them of your divorce petition. Instead of serving your spouse with the divorce papers, you can publish notice in an approved publication. The court is going to require that you first make a strong effort to locate your missing spouse. But you will not be prevented from getting a divorce because your spouse disappeared.

How do you end a civil union in Illinois?

Illinois now has civil unions. In many ways, it’s similar to marriage; in other ways it’s not. When it comes to ending a union, it’s the same. The divorce law and procedure applies to both. So, the requirements for getting a divorce in Illinois still stand – you have to have been a resident of Illinois for at least 90 days, and satisfy the requirement that you have lived separate and apart for a certain amount of time. The court will rule on property division and other similar issues, unless the two parties can agree, in which case they can sign a settlement agreement.

Voiding a marital settlement agreement

A marital settlement agreement, or MSA, is a final document in a divorce in which the parties agree on all sorts of issues, from spousal support to property division to splitting retirement accounts. The document will be approved by the judge and signed by each party. It is not easy undo this once it’s done, because presumably it was all agreed to by everyone. You can’t simply change your mind.

You can, however, try to prove that the agreement was unconscionable. You will have to show that you did not sign it on your own free will, and that the terms are so unfair that they’re oppressive. Courts may consider the fact that one party was not represented by an attorney, because uneven bargaining power is relevant. However, it’s not the only factor, and not having an attorney isn’t an automatic ticket out. It’s extremely important to have an attorney during the drafting and negotiation process – if you realize later on that you got a bad deal, it’s often too late.

What is a conciliation conference?

If, during the divorce process, one or both of the parties decide they would like to try and reconcile, they can request a conciliation conference. It can also be initiated by the court. This is basically counseling. In some counties, such as Cook County, the divorce case can be put on hold for a year while the parties attempt to work things out. Any court orders in effect at the time are still in effect, but not enforced. Either party can request, during that year, to move forward on the divorce if it’s not working out. If the year passes, the divorce case can be dismissed unless one of the spouses objects.

Divorce attorneys charge hourly

The fees of a divorce attorney can be anywhere from $100 to $400 an hour. You will be asked to put down a retainer at the outset of the case, which is a lump sum of a few thousand dollars. Your attorney will deduct their fee from the retainer as they complete the work on your case. If it runs out or gets low, you may have to refill it (maybe even several times). Divorce is expensive, often because it is so contentious. If the parties cannot agree on anything, the attorneys have to spend a lot of time reaching an agreement or arguing for either side. The more you can agree on, the less your divorce should cost.

Illinois law says you are a child’s legal father if….

  1. You were married to the mother when the child was conceived or born.
  2. You married the mother after the birth of the child and you are listed (with permission) on the birth certificate as the child’s father.
  3. There is a court order of Department of Public Aid administrative order saying that you are the father.
  4. You and the mother have signed a voluntary acknowledgement of paternity form.

Once paternity is established, the father is entitled to seek custody and/or visitation. In addition, a child support obligation exists.

You can fire your attorney and hire a new one

If you don’t get along with your attorney, or if you feel like they aren’t fighting for you, or if you feel like you’re being ignored, you may have considered firing your attorney. It’s allowed. You have the right to fire your attorney at any time. Whether it’s a good idea is a different story. We suggest that you first try to work things out with your current attorney. It’s the easiest solution, especially if the problem is caused by a misunderstanding. You may think your attorney is just sitting on your case when in fact it has been moving along but they haven’t been updating you. It’s not a good excuse, but it may be fixable. On the other hand, if your attorney has never handled a divorce before and is struggling with yours, you should probably move on as soon as possible. The fired attorney will be entitled to any fees they have already earned, but any unearned portion of your retainer should be returned to you, along with your case file. In some situations, it’s helpful to have your new attorney deal with the transition and work things out with your previous attorney.

Whose side is the judge on?

The judge shouldn’t be on anyone’s side. But as hard as they may try, it’s impossible to be absolutely, completely impartial. Judges are human and bring their own experiences, biases and assumptions into their courtrooms. If you’ve never been in divorce court, there’s no way for you to know a judge. But you can find an attorney who does. An experienced divorce attorney – one who spends a lot of time in the courthouse where your divorce is taking place – should know the judge or judges. Most importantly, they should know their tendencies. How do they usually rule on spousal support? Are they more traditional, or are they willing to consider non-traditional solutions to things like custody and visitation? Your attorney should be aware of any pet peeves a judge has so that you can avoid them. And if your attorney appears before the judge often, they should have a good working relationship. If your attorney is respected by the judge, it can go a long way.

If one spouse is dating, it usually doesn’t affect divorce issues

In Illinois, divorce issues tend to be decided equitably (when it comes to property) or in the best interests of the children, and are not affected by the dating habits of one spouse or the other. So if your husband or wife cheated or is in another relationship during the divorce process, it usually doesn’t matter. This question comes up a lot in custody and visitation issues, where one parent does not want their children spending time with the other parent’s girlfriend or boyfriend. You aren’t going to be able to prevent visitation simply because your soon-to-be ex is seeing someone else. Even though it can be a very upsetting situation, the court is concerned with the best interests of the child and that usually means making sure they have a relationship, and spend time, with both parents. As usual, there are exceptions, such as if the situation puts the child or children in danger.

What does “post-decree” mean?

Post-decree means after the divorce is finalized in court. After the divorce, many couples still have to deal with each other in some way. Maybe one spouse is paying maintenance to the other, or they have children and therefore ongoing custody and visitation issues. When former spouses what to change anything that was in the final divorce papers, they have to go back to court to make it official. Informal agreements happen all the time, but if your ex changes their mind you don’t have any way to enforce it because the change in child visitation, for example, wasn’t ordered by a judge.

Temporary spousal support during the divorce process

A judge can order that one spouse pay support to another during the divorce process, which sometimes can take years. Spousal support or alimony is called maintenance in Illinois. You can get temporary maintenance until the divorce is finalized, at which point you may or may not get maintenance for a certain number of years, or indefinitely in some cases. Maintenance is not awarded in every case. It depends on the situation and each spouse’s ability to support themselves. Maintenance can be agreed upon by the parties or ordered by the judge.

Signing a voluntary acknowledgment of paternity form

There are a couple of ways to establish paternity. One way is for both parents to sign a form identifying the father of the child. Once this form is signed, the father has a right to seek custody and visitation. He also has the obligation to pay child support. This form can be rescinded within the first 60 days after it was signed, but after that it is difficult to undo. There have been cases where a father found out later that he actually wasn’t the child’s biological father but he was still required to pay child support. These forms shouldn’t be signed lightly, or at all, unless you’re absolutely certain about paternity.

You don’t have to get married here to get divorced here

You don’t have to have an Illinois marriage license or certificate in order to get a divorce in Illinois. There are two requirements. First, either you or your spouse must have lived in Illinois for at least 90 days. Second, you and your spouse must live separate and apart for a certain amount of time. This second one depends on the type of divorce and whether children are involved. But it’s not set in stone. If the parties both agree, the waiting period usually can be waived.

In a divorce, fault doesn’t matter, at least not to the judge

In Illinois, divorces are either labeled no-fault or based on fault. Although it may affect the waiting period rule (spouses must have lived separate and apart for a time in order to get a no-fault divorce), it’s pretty much a technicality. The waiting period can be waived and fault does not come into play in determining most of the issues, such as child custody or property division. Just because your spouse cheated doesn’t mean you’ll get the house, and just because your spouse is the one who wants the divorce doesn’t mean you’ll get custody of the kids. Generally speaking, custody depends on the best interest of the child, and all property is to be divided equitably.

Will I Owe Child Support for College?

The general rules is that a parent's child support obligation ends when a child turns 18. However, "post-majority" support may be ordered when the child is attending college. Expenses include room and board, tuition, medical insurance, etc. Technically, these are called "education expenses" and can be for expenses other than college -- vocational school, training programs, or even high school if the child turns 19 while still in high school. Ordering a parent to pay support for educational expenses after the age of 18 is not mandatory and the amount is completely up to the judge.

Helpful tips for those going through a divorce in Illinois

We have been helping people find Illinois divorce lawyers since 2001. Here is some information that people have found useful and interesting over the years.

  • If you sign a prenuptial agreement right before you were married it will not likely be enforceable.
  • If both parties agree on every aspect of the divorce, the 6 month waiting period can be waived.
  • An Illinois divorce lawyer cannot represent a client on a contingency basis.
  • There are no jury trials in Illinois divorce cases.
  • Once a divorce case has been filed in the courts, you typically cannot move out of state with your children without the courts permission.
  • In an Illinois divorce, in order to get your maiden name back you need a court order.
  • Inherited money or property is not a marital asset.
  • If you move out of the house during divorce you are not abandoning your rights to that property.
  • A truly uncontested divorce means that you and your spouse have worked out every issue.
  • In many counties if you are getting divorced and the parties cannot work out a joint parenting agreement the court will order mandatory mediation.
  • Where you were married is not relevant in determining where divorce should be filed. What is important is where you are currently living.
  • Although adultery is grounds for a divorce in Illinois, judges usually do not factor adultery into their decisions about child custody unless it is affecting the best interests of the child.
  • When a divorcing couple lives in a separate county or state, the jurisdiction for the divorce will be determined by the first party that files for divorce and serves the other side.
  • Illinois does not have alimony, but does have maintenance which is similar to what most people think of when they say alimony.
  • Although there are guidelines on how a judge should decide a divorce case, the parties can agree on whatever they want and the courts will usually approve it.
  • Annulment is usually a church term. In Illinois you can only get an annulment if you did not consummate your marriage or if you were forced to marry under some sort of duress.
  • If you file for divorce in Illinois you must have lived here for at least 90 days.
  • If your spouse cheats on you, in order to sue his or mistress, you must show that the mistress essentially put them under a spell to which point they could not control their actions.

There is no such thing as the best divorce lawyer in Illinois.  Rather you should seek out the best lawyer for your needs.

When people call us looking for Illinois divorce lawyer referrals it is not uncommon for us to have someone ask us for a referral to "the best lawyer in town."   That doesn't exist.   The best lawyer for you may not be the best for your neighbor or co-worker.  Sometimes the "best" are too expensive.  Sometimes they don't deliver customer service. Sometimes they make you think you are hiring them and stick you with a young associate.  Our advice is to come up with a list of goals and when you interview prospective lawyers, ask them tough questions about  how they will help you meet your goals.

We feel that "father's rights" is just marketing done by attorneys who prey on the fear of their clients.

The other day someone called us asking for a Chicago father's rights attorney. The day before that we got asked for a recommendation to a father's rights lawyer in McHenry.  This type of call happens all of the time.  We believe that father's rights is just lawyer marketing that scares some people to hiring a law firm.  Whether you are a father who is being denied visitation of your child or a mother that is battling for custody, there is nothing in Illinois family law that grants rights to one parent over the other. All of these issues are based on what is in the best interests of the child.

While we don't recommend attorneys that sell themselves as father's rights lawyers in Illinois, we do recommend tough, experienced, aggressive law firms that fight for their clients.  We believe that is what most people are looking for when it comes to hiring an attorney in a contested case.  We'd rather give you the substance of a good attorney of the schick of a lawyer that scares you and then does nothing for you.

Even if you and your spouse agree on everything, a divorce doesn’t happen overnight.

If you have to get divorced in IL, it’s certainly best for everyone involved if it can be amicable. While it would be nice if you could just fill out a piece of paper and be done with everything, that’s not how it works in reality.

There are tens of thousands of divorces every year in Illinois and each one is unique. Until they set up a courtroom for uncontested divorces, you still have to pay the filing fee, serve the other party, wait for a court date to be assigned, give the other party a chance to respond and show up to court. Even then if you want to get a divorce, the judge will probably make you come back another day. The quickest divorce we have seen took 30 days, but usually you are looking at a minimum of 60-90 days and if there are any issues that aren’t resolved, it will take much longer than that.

If you have questions about divorce law in Illinois or need a referral, please call us at (800) 517-1614.

If you or your spouse started a business during the marriage then it is a marital asset that is part of the divorce.

In most Illinois divorces the big issues are child custody, child support and dividing up the property that was acquired during the marriage. That usually refers to a home, bank account or personal property like cars. While it can make a divorce very complicated, it’s important to remember that if a business was started during the marriage that is a marital asset.

We were recently e-mailed from a man who was looking for a divorce attorney in Highland Park or Lake Forest or somewhere else near their Lake County home. His wife is a successful real estate broker and opened up her own independent operation 10 years into the marriage. He thought that because he had nothing to do with her business and wasn’t interested in it that it was a non-issue. In reality, he had a claim to half of that business even though his spouse built it up to what it is today. Under Illinois divorce law, his support of her during the time she opened that business was a contribution and as that business was started during the marriage, it is a marital asset. He chose not to make an issue of it, but if he wanted to, he could have forced his wife to buy him out of his interest similar to dividing a house.

 

It doesn’t usually matter where you got married, it’s where you live that is relevant when you are getting divorced.

We received a call from a very nice woman from Florida. She had drove back to Hoffman Estates to seek a divorce because that is where she got married years ago and her husband has since abandoned her. She was under the impression that she should go to the Rolling Meadows court house to file for divorce since that was the closest court to where she had been married. We only wish she would have called before she drove here.

Getting married in Illinois does not provide grounds for divorce in Illinois. It is where you and/or your spouse currently reside that is most important. For example, if you were married in Chicago or anywhere else in Cook County or Illinois for that matter, but now live in Texas, your case would be in Texas unless you moved to Illinois and lived here for 90 days. Even then, Illinois courts most likely could not make decisions relating to any property that is out of state.

If you do live in Illinois, your divorce will take place in the county where you reside. The same is true even if you aren’t married and are seeking child support or custody of a child.

In Illinois child custody, whether or not you were married is mostly irrelevant.

We get lots of calls and e-mails from people looking for help with child custody and child support cases in Illinois. We often hear people say something to the effect of, "since the Mom and I weren’t married, doesn’t she automatically get custody?" The answer is no.

We believe that "father’s rights" and "mother’s rights" is essentially marketing that plays on the fears of people in a tough situation. Being married or not married does not determine who receives custody when a couple splits up. Rather, that is determined by the best interests of the child. There is no formula for this decision and in many cases -especially child custody cases in DuPage, Cook, Lake, Will and Kane counties where there are many Judges- it really depends on the way your assigned Judge leans on these issues. It’s really open to interpretation.

Mothers often get custody over fathers because they can breast feed a child and quite often the mother has been staying at home with a child and the Judge does not want to interrupt an arrangement that is working. All of that said, fathers in Illinois receive custody all the time and certainly neither a father or mother should let the other party dictate when and where they can see their child.

If you are getting divorced in Cook County, either party can make it take place at the Daley Center.

Cook County is unique in that there are multiple places to get a divorce, the Daley Center, Skokie, Rolling Meadows, Marhkam, Bridgeview and Maywood. Where you would file would depend on where you live. In other words, an Orland Park resident can’t file for divorce at the Rolling Meadows court house and a Schaumburg couple can’t get divorced in Maywood.

Most of the suburban courts have only one divorce judge. At the Daley Center there are about 50. No matter where you live in Cook County, you can go to court for a divorce (or child custody, paternity, etc.) at the Daley Center. Even if you file for a divorce at one of the suburban courts, the other party can choose to have it take place in Chicago. To do so they must file that request with their appearance. If they do, the case is automatically transferred. Before you hire an attorney in the suburbs, make sure they go to Chicago for cases on a regular basis or verify your spouse won’t seek to have the case transferred. Otherwise you might end up paying for travel costs or hiring an attorney that isn’t familiar with the Judge.

This isn’t an issue in places like Kane County, DuPage County, Will County or Lake County as there is only one family law court in those locations. In a way it makes it difficult for some people. If you live in Lake Zurich and have a Lake County child custody case, you have to travel to Waukegan for court and there is no easy way to get there.

Without a court order, custody and visitation is essentially a free for all.

This week three separate people called us and essentially said, "my ex has the kids and won’t let me see them. I called the cops and they did nothing." The reason the police did nothing in this situation is because there wasn’t a court order that states who gets the kids and when they get them. If you live in Naperville as one of the callers did and you have a child custody order that says you are supposed to have your kids at 5:00 p.m. on Friday, if at 5:01 they aren’t there, you can call the police and report that your visitation is being interfered with. If you have a court order for visitation and provide that to the police, they are supposed to act. In addition, if your visitation is interfered with you can go to court and seek to have the other party held in contempt of court. This could result in them losing visitation privileges and even possibly going to jail.

So if you aren’t getting the visitation you want with your kids or feel that someone’s mood determines what happens, you have one choice; get into court. Until you do, it’s a free for all and there isn’t much you can do to stop your problems.

If you are in a same sex relationship and are breaking up, you can’t get a divorce in Illinois, but many Illinois divorce attorneys have experience with same sex breakups.

If you are in a same sex relationship, much like any other couple, it is common for you to acquire property together, especially if you have been together for a long time. If you own a house that is in the name of your partner or have joint bank accounts or other assets together, it would be great if you can work things out together, but like divorces that often is not the case.

Fortunately, many divorce lawyers in Illinois have experience with same sex relationship breakups because the principles in divorce are often similar. Your case won’t get filed in divorce court or be heard by a divorce judge, but you can have your day in court and the same laws will essentially apply. If you need guidance finding a lawyer that can help you just let us know.

Despite what you hear, we don't believe that "father's rights" or "mother's rights" actually exists in Illinois custody cases.

In an Illinois custody case, a judge is supposed to rule based on the best interests of the child. This can include many thing including does the child need to be breast fed, who is there to take care of the child, what support system exists, how the child is doing in his/her current environment, what they want and many other factors.

Whether or not you have been married is irrelevant when it comes to custody. Many people assume that the dad will only get every other weekend or that the mom controls what happens. The reality is that the judge controls unless the parents can work something out (and if you can, we highly encourage you to do so).

We help both men and women find Illinois divorce lawyers and Illinois custody attorneys. Who we recommend is based on whether or not we believe they do a good job and fight for their clients. For more information on what we think of "father's rights" please click here.

We usually recommend an Illinois divorce attorney who does a lot of work in the county where the case is heard, unless . . .

When considering what makes a great Illinois divorce lawyer, we focus on customer service, experience and feedback that we have received on the attorney. We usually tell our callers to hire a lawyer who regularly practices in the county where the case is being heard. Familiarity with the judge can only help.

The major exception to this rule is when an extremely complicated element exists in the case. The most common example is when a business was created during the marriage and the two spouses are battling over that business because it is a marital asset. In these cases we feel that it is extremely important that you hire a lawyer who has experience with forensic accounting.

The Illinois divorce attorneys we know with forensic accounting experience could potentially save you hundreds of thousands of dollars if not more. Valuing a business is technical and many businesses under report their earnings through cash transactions or other dealings. The attorneys we know have a track record of sorting through all of this and succeeding for their clients.

Most of the attorneys that fit this description are Chicago divorce lawyers. That said, we also know similarly experienced divorce attorneys in Wheaton, Waukegan and many other parts of Illinois. If you are fighting over a business as part of a divorce, make sure that your attorney can show you scores of similar cases he/she has handled. If you have to get someone from outside your area it will probably be worth it.

If you owe child support, you could lose your license, your passport or end up in jail.

Every day we get called from people who are looking for help with getting back owed child support or who need help in fighting a child support allegation in Illinois. If you are paying child support and lose your job, you need to get into court to get your payments stopped or lowered. The judges in Illinois don't care that you had a good reason for not paying and the law does not allow them to cut you a break.

If you are owed child support, you can go to the state's attorney's office in the county where your case is and they should represent you for free. The cost is great, but we often hear that the responsiveness is lousy. Hiring a lawyer will usually get things done for you. If you want a referral for an Illinois child support attorney, call us at (312) 346-5320.

If you owe child support (or are trying to go after someone who owes you), be aware that the judge can order that the Secretary of State suspend your license. He can also get an order revoking your passport and can put you in jail.

Findgreatlawyers.com is a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois divorce cases. We are based in Chicago, but have relationships with tough, experienced divorce lawyers in almost every county in Illinois.  When you call our office you will speak with an attorney for free.  We will answer your questions and whether you want a Chicago divorce lawyer, Wheaton family law attorney or legal help in any other part of the state, we will try to point you in the right direction based on what your needs are.  Please note that while we are free, the lawyers we recommend do charge for their services.  Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. All inquiries are kept in strict confidence.


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