Chicago, Illinois Divorce Lawyers & Attorneys in Cook County

Divorce in Chicago, Illinois: Key Issues and Common Questions

Individuals considering divorce in Chicago often have many questions about the legal process, court requirements, and what to expect moving forward. While every case is different, understanding the basics of Illinois divorce law can help you feel more prepared as you move through the process in Cook County.

Below are some of the most common topics Chicago divorce attorneys address when assisting clients.

Grounds for Divorce in Chicago and Throughout Illinois

Illinois recognizes several legal reasons a spouse may seek a divorce. These include situations such as marital misconduct, abandonment, substance abuse, criminal convictions, and prolonged separation.

In addition, many divorces proceed based on irreconcilable differences, meaning the marriage has broken down beyond repair. When separation is cited as the basis for divorce, courts may review whether reasonable efforts were made to reconcile before granting the dissolution.

Illinois Residency Rules for Filing Divorce

Before filing a divorce case in Cook County, at least one spouse must have lived in Illinois for 90 days or moreimmediately prior to filing.

The divorce may generally be filed in the county where either spouse currently resides.

The Divorce Court Process in Cook County

Divorce cases in Chicago are handled through the Illinois Circuit Court system. The process typically begins when one spouse files a Petition for Dissolution of Marriage.

• The spouse who files is known as the Petitioner

• The other spouse is the Respondent

Once all matters are resolved — either by agreement or court ruling — the judge enters a Judgment for Dissolution of Marriage, formally ending the marriage and addressing issues such as property division, parenting arrangements, child support, and spousal maintenance.

Legal Separation as an Alternative to Divorce

Some couples choose legal separation rather than immediately dissolving the marriage.

Through legal separation, spouses live apart and may establish court orders regarding finances, parenting responsibilities, and support, while remaining legally married. This option can be useful for individuals who are not yet ready to proceed with a full divorce.

Simplified Divorce in Chicago

Certain couples may qualify for a streamlined divorce process if they meet specific criteria, including:

• No dependent children and no pregnancy

• A relatively short marriage

• Limited assets and debts within statutory thresholds

• Mutual agreement on property division and financial responsibilities

• Waiver of spousal maintenance by both parties

• Full disclosure of financial information

When eligible, this process can allow spouses to resolve their divorce more efficiently.

Spousal Maintenance (Support) in Illinois

Illinois uses statutory guidelines to help determine spousal maintenance based on the length of the marriage and each spouse’s income.

Generally, courts calculate maintenance using a formula tied to a percentage of each party’s earnings, with duration increasing as the length of the marriage grows. Longer marriages may result in extended or even indefinite maintenance, depending on the circumstances.

While these guidelines provide a starting point, judges can deviate when fairness requires.

Division of Property and Debt in Chicago Divorces

Illinois follows an equitable distribution model. This means marital property is divided fairly — though not always equally — based on numerous factors, including:

• Each spouse’s financial and non-financial contributions

• Length of the marriage

• Economic circumstances of both parties

• Existing obligations from prior relationships

• Health, age, and earning potential

• Any prenuptial or postnuptial agreements

• Tax considerations

• Parenting responsibilities

The court’s goal is a just allocation of both assets and liabilities.

Parenting Time and Parental Responsibilities

When parents cannot agree on custody-related issues, judges decide based on the best interests of the child. Factors commonly considered include:

• Each parent’s involvement in the child’s life

• The child’s adjustment to school, home, and community

• Physical and mental health of all parties

• Safety concerns

• Distance between households

• Willingness of each parent to encourage a positive relationship with the other

In some cases, courts may speak directly with children to better understand their preferences.

Support in Cook County

Both parents share responsibility for supporting their children financially.

Illinois child support guidelines establish a presumed amount, which courts may adjust after reviewing:

• The child’s financial and educational needs

• Each parent’s income and resources

• Healthcare costs

• The standard of living the child would have experienced if the marriage had continued

Support commonly lasts until adulthood, though exceptions may apply in certain circumstances.

Name Changes After Divorce

As part of a divorce case, a spouse may request to return to a prior or maiden name.

Requests for entirely new names — or changes involving a child — generally require separate court proceedings and appropriate legal justification.