Frequently Asked Questions

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In Illinois, the divorce process typically involves the following steps: 

• Filing the Petition for Dissolution of Marriage: This initiates the divorce process and outlines the grounds for divorce (either "irreconcilable differences" or fault-based grounds).

• Temporary Orders: In some cases, temporary orders may be issued regarding child custody, support, and property use while the divorce is pending.

• Discovery: Both parties exchange information and documents relevant to the divorce, such as financial records and parenting plans.

• Negotiation/Settlement: Parties may negotiate a settlement agreement regarding all aspects of the divorce.

• Trial (if necessary): If parties cannot reach a settlement, the case may proceed to trial, where a judge will make decisions on contested issues.

• Final Judgment: Once all issues are resolved, a final judgment of dissolution of marriage will be entered by the court.

The timeframe for completing a divorce in Illinois can vary depending on factors such as the complexity of the case, the level of cooperation between parties, and court scheduling. On average, an uncontested divorce may take around 4-6 months to finalize, while contested divorces may take longer, potentially extending to 1-2 years or more. 

In the state of Illinois, a child custody case typically involves the following steps: 

• Filing a Petition: The process usually begins with one parent filing a petition for custody with the court. This can take anywhere from a few days to a couple of weeks to prepare and file.

• Serving the Other Parent: After filing, the petition must be served to the other parent, who then has a designated period, typically around 30 days, to respond.

Mediation or Settlement Negotiation: In many cases, the court may require parents to attempt mediation or engage in settlement negotiations to resolve custody disputes. This process can take several weeks to a few months, depending on the complexity of the case and the willingness of both parties to reach an agreement.

• Court Hearings: If mediation fails, or if the case is particularly contentious, a series of court hearings may be scheduled to address custody issues. These hearings can span several months as the court gathers evidence, hears testimony, and considers each parent's suitability for custody.

• Trial: In cases where parents cannot reach an agreement through mediation or negotiation, a trial may be necessary. This can be a lengthy process, often taking several months from the initial filing to the final judgment.

• Final Judgment: Once the court has heard all evidence and arguments, a final custody order will be issued. This typically occurs within a few weeks to a couple of months after the trial concludes.

It's important to note that every custody case is unique, and the timeframe can vary significantly depending on factors such as the complexity of the case, the court's schedule, and the cooperation of the parties involved. 

Under current Illinois Law, the monthly net income of both parents is added together and compared with a Department of Healthcare and Family Services schedule to determine the amount that would be spent on a child if there was a joint household. This provides a percentage of basic costs that each parent is responsible for. Other factors included in this calculation are the number of children, the division of parenting time and any spousal support payments between the parents.