In Illinois, a legal separation allows spouses to live financially apart from one another while still remaining married. (i.e. one spouse has gambling problem. Other spouse is protecting assets, etc). Divorce (dissolution of marriage) legally ends the marriage.

It depends on the complexity of the case, the Court’s docket, and whether it is contested or uncontested. An uncontested divorce can take a few months. Contested divorces may take a year or more. Divorce can also depend upon who the other counsel is—are they reasonable, willing to try and settle, etc.

You must file a Petition for Dissolution of Marriage with the circuit court in the county in which you or your spouse reside. Next steps include formally serving your spouse with the Petition and a Summons, your spouse filing an “Appearance” form and Response, financial disclosures, filing pleadings and/or responses as necessary, resolving custody/support/property, and attending court hearings.

In a contested divorce, spouses disagree on one or more key issues. In an uncontested divorce, both parties agree on all terms. In some circumstances, a case can begin as uncontested and can become contested as issues arise.

No. In Illinois, an attorney can only represent one spouse/parent. The other spouse/parent may proceed without one (“pro se”) or seek independent legal counsel.

Illinois uses an "income shares" model based on both parents’ incomes, overnights, and the number of children. A calculator is available on the Illinois Department of Healthcare and Family Services (HFS) website.

Usually when the child turns 18 or graduates from high school, whichever is later. In some cases, support may continue for post-secondary education.

Yes. Either parent can request a modification if there is a significant change in income or needs of the child.

You can seek enforcement through the court or the Illinois Department of Healthcare and Family Services (HFS). Penalties may include wage garnishment, driver’s license suspension, or even imprisonment.

Paternity can be established voluntarily by signing a Voluntary Acknowledgment of Paternity (VAP), through DNA testing, marriage (in most cases), or by court order.

Once paternity is established, fathers can seek parenting time and decision-making responsibilities through the court.

Yes. You must petition the court, and the judge will determine decision making responsibilities and parenting time based on the child’s best interests.

Know, or be able to reference, any legal information (marriage certificate, court case number, next court date, etc), financial information (pay stubs, tax returns), and a list of questions.es."

Not always. Many family law cases are resolved through negotiation, mediation, or settlement. However, some may require court hearings.

Look for someone experienced in Illinois family law, who listens to your concerns, and explains things clearly. Personal rapport is also important.

Gather documents, avoid conflict with your ex, stay involved with your children, and follow legal advice closely. Keep your attorney apprised of any pertinent information. Staying organized and respectful helps your case.