Frequently Asked Questions

Every divorce case in Illinois starts with the filing of a Petition for Dissolution. The Cook County Clerk of Court has several forms which may help you file your Petition. However, you should not file a Petition for divorce before creating a plan for how you want to divide your assets, or protect them.

Their are three main criteria you need to meet to get a divorce in Illinois.

First, if "Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family" then you may be able to get divorced in Illinois. 750 ILCS 5/401. What this means is that if you believe there is no way to save the relationship, regardless of whether your significant other wants to get divorced, you can ask the court for a divorce. 

Second, if you have lived in Illinois for the 90 days prior to filing your Petition for Dissolution, the court in the county where you reside is able to hear your case. Make sure you have proof of where you live to provide to your attorney. If you are scared for your safety, talk with an attorney about how to protect your address from your abuser.

Third, if you have lived "separate and apart for a continuous period of not less than 6 months" prior to the court entering your final Judgment of Dissolution, the court will be able to grant you a divorce. This does not mean that you have not been living in the same home, it simply means that you have made it known to your significant other that you no longer intend to be married. It also does not have to be 6 months from the date you first file your case, but instead it is 6 months from when you finalize your case, which may take more than 6 months to complete. Lastly, in the event of domestic violence and physical abuse the 6 month time frame should be disregarded. If you are being abused, do not wait, call us today.

In Cook County, you can file a Petition to Establish Child Support provided that you have already established paternity. Paternity is automatic if the parties are married at the time the child is born, or if the parents sign and file a Voluntary Acknowledgment of Paternity.

In Cook County, you can file a Petition to Allocate Parental Responsibilities. Illinois does not use the term custody. Instead, Illinois gives decision making rights over children and creates visitation schedules.

Child Support in Illinois is calculated based on the combined net income of the parents, the proportion of each parents contribution to that total, and the number of overnights each parent has with the child. The Illinois Department of Healthcare and Family Services website has a free child support calculator for parents. However, it is best to have an attorney help you with your calculation!

In Illinois a Guardian Ad Litem is a person who is appointed to investigate the facts of a family law case and write a report to the court with recommendations that state what is in the best interest of the minor child. The report will typically recommend a visitation schedule and which parent should have decision making authority over the child. A Guardian Ad Litem is typically an attorney. See 750 ILCS 5/506.

Maintenance in Illinois is calculated based on the combined net income of the couple. The formula we use is that you look at one-third of the income of the person who earns the most, and you subtract one-quarter of the income of the person who earns the least. In short, if you earn more money than your spouse, divide your income by 3, and divide their income by 4, then subtract their number from yours. That is the amount you could have to pay. Any experienced attorney can help you make sure you do not exceed the maintenance limit, or that you do not make a mistake with your calculation.

In Illinois, Joint Decision Making Authority is what most courts award when parents are fighting for custody of a child. Joint Decision Making means that you and the other parent need to mutually discuss major decisions for the child prior to making any permanent decisions. This includes making decisions regarding where your child goes to school, what sports or clubs they join, what doctor your child goes to, when you can schedule doctors appointments, and much more.

Most parents make the mistake of thinking that because they have the majority of time with a child, or because their decision doesn't intrude on the other parents time with the child, that they can make any decisions they want. However, this is not true and can have serious consequences. 

A skilled attorney can help you get sole decision making or even a modified version of joint decision making that helps you care for your children. Call now!