Divorce in Illinois is formally known as dissolution of marriage, and it is governed by the Illinois Marriage and Dissolution of Marriage Act. Illinois is a pure no-fault state: the sole ground for dissolution is irreconcilable differences that have caused an irretrievable breakdown of the marriage. Neither spouse must prove wrongdoing, and one spouse cannot prevent a divorce by refusing to consent. To file, at least one spouse must have been an Illinois resident for at least 90 days. Where the parties have lived separate and apart for six months or more, the law treats irreconcilable differences as conclusively established; in agreed cases, the parties may waive that requirement by written stipulation.
A dissolution case resolves every issue arising from the marriage: the division of property and debts, spousal maintenance, and, where there are children, the allocation of parental responsibilities, parenting time, and child support. Cases typically proceed through the filing of a petition, temporary relief where it is needed, financial disclosure and discovery, and then either a negotiated marital settlement agreement or, when settlement is not possible, trial before the court.
Illinois divides marital property equitably, which does not necessarily mean equally. The court first classifies each asset and debt as marital or non-marital. Property acquired during the marriage is generally marital regardless of whose name is on the title, while property owned before the marriage, or received by gift or inheritance, is generally non-marital — though it can lose that character if it is commingled. The marital estate is then divided in proportions the court considers just, taking into account each spouse’s contributions, the length of the marriage, the economic circumstances of each party, and other statutory factors. Retirement accounts, pensions, business interests, and the marital residence often require careful valuation and, in the case of retirement assets, a separate order to divide them.
Where the parties agree on all issues, a divorce can be resolved efficiently and at predictable cost. We offer uncontested divorces on a flat-fee basis so that clients know from the outset what representation will cost. An uncontested case still requires a properly drafted marital settlement agreement and, where there are children, an allocation judgment — documents that will govern your obligations for years and that are difficult and expensive to fix later if they are drafted poorly.
Attorney Marinov has represented clients in Illinois divorce proceedings for over twenty years, in matters ranging from agreed dissolutions to heavily contested cases involving disputed property, business and retirement assets, maintenance claims, and contested parenting issues. At Law Offices of Paul Marinov, P.C., every case is prepared thoroughly, settlement is pursued wherever it serves the client’s interests, and the client’s rights are vigorously protected when the case must be tried.
Irreconcilable differences is the only ground. Illinois abolished fault-based grounds such as adultery, cruelty, and desertion, so neither spouse needs to prove the other did anything wrong.
No. A divorce may proceed even if one spouse does not want the marriage to end. Refusing to participate delays a case; it does not prevent the divorce.
Not necessarily. Six months of living separate and apart conclusively establishes irreconcilable differences, but spouses who agree can waive that requirement in writing. Spouses can also be living separate and apart while still under the same roof.
At least one spouse must have been a resident of Illinois for 90 days.
It depends on the complexity of the case, whether children are involved, the court’s schedule, and the parties’ ability to reach agreements. An agreed case can be resolved relatively quickly; a contested case often takes considerably longer.
Illinois is an equitable distribution state, not a community property state. The court classifies property as marital or non-marital and then divides the marital estate in proportions it considers just, which is not automatically fifty-fifty.
The options are generally to sell and divide the proceeds, or for one spouse to keep the home and offset its value against other assets. Whether a refinance is possible often drives the decision.
It depends on the length of the marriage, both parties’ incomes, and the statutory factors. Where the parties’ combined gross income is below the statutory threshold, Illinois applies a guideline formula to set the amount and duration. Courts may deviate where the guidelines would be inappropriate.
Illinois uses an income shares model, which considers both parents’ net incomes and the number of overnights each parent has with the children.
Legal separation allows spouses to live apart and resolve issues such as support and parenting while remaining married. It does not end the marriage and does not permit either party to remarry.
Yes. Many divorce cases are resolved through negotiated settlement or mediation. Preparing the case properly is what makes a good settlement possible.
Individuals may represent themselves, but divorce frequently involves property classification, retirement assets, support calculations, and parenting arrangements that are difficult to undo once entered as a judgment.
Any court papers you have been served with or have filed, recent pay stubs and tax returns for both spouses if you have them, a list of significant assets and debts, and any existing court orders or agreements.
Whenever appropriate, we offer our family law services on a flat-fee basis so that you understand the cost of representation from the outset. Please contact our office to discuss the fee for your specific matter.
