Divorce FAQ

Divorce FAQ

The emotional strain of a divorce can be even more painful when you’re unsure how to go about getting one. You may be asking yourself, “Should I get a divorce,” or “Where do I start?”

Conniff & Keleher, LLC is a reliable source for information on divorce in Illinois since  we’ve helped numerous clients navigate divorce proceedings and the emotional and difficult decisions involved. To shed light on this subject, we’ve put together the divorce FAQ below. Read on for more information on how to get a divorce and what it entails.

Divorce in Illinois

Divorce in Illinois is referred to as a “dissolution of marriage.” To file a dissolution of marriage, you or your spouse must have lived in Illinois for at least 90 days.

In 2016, revisions to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) made Illinois a no-fault state, meaning the courts don’t require or recognize a reason for separation in dissolution of marriage or civil union cases. The only cause recognized by the IMDMA is irreconcilable differences, which means that despite attempting to move past their issues, the couple can’t come to a resolution and divorce is the best option for them and their family

FAQ


 1. How Do I File for Divorce in Illinois?

To file for divorce in Illinois, one spouse must have resided in the state for at least 90 days before the actual date of the filing. One of the spouses must complete and file the Petition for Dissolution of Marriage, Summons (if applicable), and also if applicable, documents related to child custody or support. These are available through the Cook County Circuit Court Clerk. After filing, the other spouse must be served, or file an Appearance form with the Cook County Circuit Court Clerk, or have their attorney file an Appearance form on their behalf.  Each party may also need to complete, sign, and submit a Financial Affidavit.

2. What Is the Cost of Divorce in Illinois?

The filing fee in Cook County is approximately $400. However, when a case involves child custody, spousal support, or property division, costs can significantly increase—especially for couples with high incomes or complex assets. Choosing a collaborative divorce or a negotiated divorce through Conniff & Keleher will help minimize costs and avoid litigation.

3. How Long Does the Divorce Process Take?

A divorce in Illinois can vary greatly in length depending on the complexity of the case, and the willingness of each party to reach an agreement by negotiation in advance of any court proceedings. After the initial petition is filed and served, your spouse has 30 days to respond. Negotiations regarding custody, support, and property division can prolong the process. By law, child custody cases must be resolved within 18 months. As soon as agreements are reached, an affidavit submitting the parties settlement agreement to a Judge for review, or a prove-up hearing finalizes the divorce.

4. What Are the Grounds for Divorce in Illinois?

Illinois is a no-fault divorce state. The only grounds needed are irreconcilable differences, meaning the marriage has broken down beyond repair. Courts do not consider blame or misconduct when determining outcomes like asset division or spousal maintenance.

5. What’s the Difference Between Collaborative Divorce and Litigation?

In a collaborative divorce, both parties work with attorneys to negotiate a mutually beneficial settlement outside of court. This process reduces conflict and typically lowers costs. In contrast, litigated divorce involves court hearings where a judge decides unresolved matters, which will very likely lead to a longer, more costly,  more adversarial, and more stressful experience.

6. Can Civil Unions Be Dissolved the Same Way as Marriages?

Yes. In Illinois, civil union dissolution follows the same legal process as divorce. Partners can use mediation, collaborative law, or litigation to resolve matters like property division, child custody, and spousal maintenance.

7. What Are Post-Decree Modifications?

Post-decree modifications occur when one or both parties request changes to the original divorce agreement due to significant life changes—such as income changes, relocation, or changes in a child’s needs. These modifications typically affect child support, parenting time, or spousal support.

8. How Common Is Divorce?

Divorce is not uncommon. Statistics show that 40–50% of marriages in the United States end in divorce. The rate is even higher for second and third marriages, and for spouses of children with special needs.

9. What Happens to My Divorce Record After It’s Finalized?

Once finalized, your divorce record becomes part of the public record, although access may vary depending on what is requested. Certain details—such as financial disclosures or custody arrangements—can sometimes be sealed by court order.

10. How Can Conniff & Keleher Help With My Divorce?

At Conniff & Keleher, LLC, our experienced family law attorneys provide compassionate, strategic legal support tailored to your needs. Whether you’re pursuing a collaborative divorce, navigating complex custody or asset division, or facing a post-decree issue, our team is here to guide you through each step with integrity and care.

Turn to Conniff & Keleher, LLC for Skilled Representation

At Conniff & Keleher, LLC, our values dictate how we handle every case — that is, with compassion, discretion, and expertise. Our experienced team of family law attorneys can help you through divorce proceedings, including pain points like child custody and spousal support. For further advice or assistance, including questions you may have about taxes after divorce, legal separation, or the differences between annulment vs. divorce, don’t hesitate to reach out to Conniff & Keleher’s experienced Chicagoland divorce attorneys today.

Contact Our Family Law Attorneys in Chicago & Oak Park Today

If you have divorce or family law needs in the Chicagoland area, our skilled attorneys will work diligently to achieve the best possible outcome for your case. Trust us to provide creative, personalized, and compassionate representation for your legal needs. For immediate case review, please call us at (708) 763-0999.