Starting the divorce process—or navigating child custody—can feel overwhelming. Below are some of the most common questions we hear from new clients. We’ve answered them below, so you can feel more informed and confident about your next steps!
However, every family and every situation is unique. If you want personalized legal guidance on your specific case, we encourage you to reach out to our team to schedule a consultation and discuss your options!
Child support in Illinois is primarily calculated using a formula based on the income of both parents. The amount of support is determined by the combined income of both parents and the number of children they have. The Illinois Department of Healthcare and Family Services provides specific guidelines, which include a percentage of combined parental income assigned for child support based on the number of children. Factors such as additional medical costs, child care, and extracurricular activities may also affect the final amount. If the parents have significant income differences or if there are special needs for the child, the court may adjust the standard guidelines. The goal is always to ensure that the child’s needs are met, and the financial responsibilities are fairly shared.
Yes, it is possible to modify your divorce or custody agreement, but it requires showing a significant change in circumstances. In Illinois, both child custody (parenting time and decision-making) and child support arrangements can be modified if there is a material change in circumstances that justifies the change. For example, a parent may want to modify the parenting plan if they have a significant change in their work schedule, if the child’s needs change, or if there is a move out of state. Similarly, if the financial situation of either parent changes, it could affect child support obligations.
To modify an order, you must file a petition with the court, and the judge will review the case to determine whether the requested changes are in the best interests of the child.
It depends on several factors. The fastest route is an uncontested divorce, where both spouses agree or work to agree on all key issues—property division, spousal support, parenting, etc. In those cases, the process can take as little as 2–3 months, especially if all paperwork is in order.
A contested divorce, where there are disagreements that need to be resolved through negotiation, mediation, or litigation, will take longer—often 6 months to over a year. The timeline can vary based on:
Even in contested cases, working with an experienced attorney can often help move things forward more efficiently by narrowing the issues and staying organized.
In Illinois, child custody is legally referred to as the “allocation of parental responsibilities.” This includes two main parts: decision-making authority (who makes major choices about the child’s education, healthcare, religion, etc.) and parenting time (where the child lives and how time is split between parents).
The court decides custody based on what’s in the child’s best interests. That includes looking at factors like:
There is no automatic assumption that the mother or father will get more time; the court’s goal is to create an arrangement that supports the child’s emotional, physical, and developmental needs.
Yes. If you have children and are getting divorced in Illinois, you are legally required to submit a parenting plan. This document lays out how you and your co-parent will handle parenting time and decision-making after the divorce is finalized.
A parenting plan must cover:
If both parents agree on everything, they can submit one joint plan. If not, each parent submits their own version, and the court decides. Having a detailed plan in place helps prevent confusion and conflict down the road—and keeps both parents aligned around what’s best for the child.
Contemplating divorce is a profound step that involves emotional, financial, and legal considerations. Our "Am I Ready for Divorce?" checklist is a sensitively designed tool that helps individuals thoughtfully assess their readiness for this life-altering decision. This resource aims to guide you through introspection and practical evaluation, ensuring that your decision to pursue a divorce is made with both clarity and foresight.
In any legal or financial undertaking, having a comprehensive and organized set of financial records is critical. Our "Financial Records Checklist" is crafted to give you the clarity and control needed to manage your finances effectively. Whether you're preparing for tax season, undergoing legal proceedings, or simply aiming to get your financial house in order, this checklist is an indispensable tool for ensuring nothing is overlooked.
Divorce not only signifies a major shift in the lives of the parents but also heralds a period of adjustment and emotional transition for the children involved. Our meticulously crafted checklist, "Do Your Kids Need Therapy After Divorce?" is a vital resource for parents concerned about the psychological welfare of their children during and after a divorce. This checklist serves as a compassionate guide for recognizing signs of distress and taking proactive steps to support your child's mental health.
Divorce can be a complex and emotionally taxing journey, but when both parties agree on the key terms, an uncontested divorce can offer a more amicable and efficient path forward. Our Uncontested Divorce Checklist is a comprehensive guide designed to provide individuals with a clear roadmap through the legal process when there are no children involved. This free resource ensures that you are well-prepared, informed, and ready to proceed with confidence.