Thinking About Divorce in Illinois? 5 Key Steps to Take First
If you’re thinking about divorce in Illinois, it’s natural to feel uncertain and to wonder “how do I know if I should get a divorce?” or “when is it time to divorce?” At Conniff & Keleher, LLC, we understand how significant this decision is and how it may affect your future. Illinois is a no-fault state — most divorces are granted based on irreconcilable differences — and understanding your options at the start can make the process feel more manageable.
That’s why we’ve created a practical divorce checklist Illinois residents can use when considering next steps. It highlights legal, financial, and family considerations to review before you proceed.
1. Gather Financial Information
Collect recent tax returns, pay stubs, bank and credit card statements, retirement account balances, and documentation for equity-based compensation like stock options or RSUs. Organizing your financial information early can streamline property division later — especially where business interests or executive compensation are involved.
2. Consider Custody and Support
If you have children, begin thinking about a parenting plan that addresses parenting time and decision-making (the allocation of parental responsibilities). Illinois uses the Income Shares model for child support, which looks at both parents’ incomes and other case-specific factors. Getting familiar with these topics helps you make informed, child-focused choices.
3. Review Property and Asset Division
In Illinois, most assets acquired during the marriage are marital property and are divided equitably — fairly, though not necessarily 50/50. Non-marital property generally includes assets owned before marriage, as well as inheritances. Complex assets like businesses or executive compensation often require careful valuation to reach a fair resolution.
4. Explore Alternatives to Litigation
Many families resolve all terms by agreement. Mediation and the Collaborative Law Process can reduce conflict and keep decision-making with the parties rather than the court. These approaches often preserve working co-parenting relationships and provide more control over timing and outcomes.
5. Take Care of Your Emotional Well-Being
Divorce brings change, even when it’s the right choice. Support from a therapist or trusted advisor can help you navigate the personal side of this transition with steadiness and clarity. Our attorneys at Conniff & Keleher encourages compassionate, child-centered planning.
Taking the Right Steps Before Divorce
This checklist is a starting point, not legal advice. If you’re weighing your options and want straightforward guidance about what to know before divorce, our attorneys are here to listen and help you find a path that aligns with your goals. We represent clients across Chicago, Oak Park, and the surrounding communities, in matters involving complex assets, business interests, and parenting concerns.
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Frequently Asked Questions About Divorce in Illinois
The following information is intended for general informational purposes only and does not constitute legal advice. To understand how Illinois law may apply to your specific circumstances, please consult a qualified attorney.
In Illinois, divorce is typically granted based on “irreconcilable differences,” meaning that the marriage has broken down beyond repair. It is not necessary to prove fault or wrongdoing by either spouse.
At least one spouse must have lived in Illinois for 90 days before a petition for dissolution of marriage is filed.
If both parties agree that irreconcilable differences have caused the breakdown of the marriage, and have lived separate and apart for at least six months, the court may presume that the requirement has been met. This six-month separation can occur while living in the same residence or in separate residences.
Illinois follows an “equitable distribution” model, which means the court will divide marital property in a way it deems fair, though not necessarily equal. Marital property generally includes assets acquired during the marriage, while non-marital property (such as inheritances, or assets acquired before marriage) may be excluded. The division becomes blurred, however, when marital property is added to a non-marital property account or asset.
Illinois uses the Income Shares Model, which considers the combined income of both parents and allocates child support based on the number of children and the allocation of parenting time. The formula aims to ensure that the child receives the same proportion of parental income they would have if the household remained intact.
Parenting time refers to the time a child is in the care of a parent. Parental responsibilities involve decision-making about a child’s education, health care, extracurricular activities, and religion. These responsibilities can be allocated jointly or solely, depending on what is in the child’s best interests.
Valuation of complex assets such as business interests, restricted stock units (RSUs), or other executive compensation requires careful documentation and often involves financial experts. These assets may be subject to equitable distribution depending on when and how they were acquired.
Yes. Many families use Mediation or the Collaborative Law Process to resolve issues outside of litigation. These approaches are often more private, efficient, and respectful, especially when co-parenting is involved.
Post-decree modifications are possible if there has been a substantial change in circumstances. For example, changes in income, relocation, or the evolving needs of the child may warrant a review of child support, maintenance, or parenting time.
Generally, marital misconduct such as infidelity does not impact the division of property, child support, or maintenance. However, financial misconduct — such as dissipating marital assets — may be considered by the court.
Yes. A spouse may ask to resume their former name during the divorce proceedings, and the court will typically grant that request as part of the final judgment.
While it is legally possible to file for divorce without an attorney, doing so can be risky — particularly when there are children, significant assets, or contested issues. An experienced family law attorney can help you navigate the process and protect your interests.
Still have questions?
The family law attorneys at Conniff & Keleher, LLC provide compassionate, client-focused representation tailored to your needs. We’re here to help and guide you through your options.
Contact our Chicago-area family law attorneys to discuss the approach that best fits your situation, contact Conniff & Keleher, LLC.
