Family Law FAQ
Straight answers to the divorce and family law questions families across Will County ask most.
Divorce & Family Law Questions
Illinois divorce, custody, child support, maintenance, and property questions, answered by a Will County attorney.
It depends almost entirely on how much is contested. Will County charges a filing fee to the petitioner and an appearance fee to the respondent, set by the county fee schedule, and the current figures are on the page explaining what a Will County divorce costs. Attorney fees are the larger number: an agreed divorce with a signed settlement takes a fraction of the time of one that goes to hearings over parenting time or property.
Yes. Because Illinois is a no-fault state, you do not need your spouse's agreement to end the marriage. If your spouse does not respond to the filing, the court can still move the case forward and enter a judgment.
Not always. Many Illinois divorces settle out of court through negotiation or mediation, with only a brief final hearing to enter the judgment. If key issues cannot be agreed, a judge decides them at trial. We aim to settle where it serves you and litigate when we must.
In an uncontested divorce, both spouses agree on all of the terms, including property, support, and parenting. In a contested divorce, one or more of those issues is in dispute and may require negotiation, mediation, or a court decision. Uncontested cases are usually faster and less expensive.
No. Illinois is an equitable distribution state, not a community property state. Marital assets are split in a way the court considers fair based on the circumstances, rather than automatically divided down the middle.
It depends on the facts. The house may be sold and the proceeds divided, or one spouse may keep it and offset its value against other assets. The court considers who contributed to it, whether children will live there, and each spouse's ability to afford it. We help you weigh the practical and financial tradeoffs.
Both spouses are required to disclose their finances fully during an Illinois divorce. If we suspect assets are being concealed, we can use formal discovery tools, subpoenas, and financial records to uncover them. Hiding assets from the court can carry serious consequences for the spouse who does it.
The duration is tied to the length of the marriage through a set of statutory percentages, so a longer marriage generally means a longer maintenance term. For marriages of 20 years or more, a court may order maintenance for a period equal to the length of the marriage or for an indefinite term. The exact figure depends on your specific facts.
Often, yes. Maintenance can usually be modified when there is a substantial change in circumstances, such as a significant income change or a job loss. It typically ends if the person receiving it remarries or begins living with a new partner on a continuing, conjugal basis. Some agreements limit or waive the right to modify, so the wording matters.
Parenting time is the schedule that determines when the child is with each parent. Decision-making responsibility is the authority to make major choices about the child's education, health, religion, and activities. Parents may share these, or the court may allocate them based on the child's best interests.
Not without following Illinois relocation rules. For a parent in Will County and the other collar counties, a planned move of more than 25 miles counts as a relocation that requires written notice and, if the other parent objects, court approval. The court decides based on the child's best interests, so it is important to follow the process correctly.
Yes. Parenting arrangements can be modified when circumstances change and a change would serve the child's best interests. Some modifications, especially within the first two years, face a higher legal standard. We can advise whether your situation supports a change.
It can. Under Illinois law, a court can order parents to contribute to the college and educational expenses of a non-minor child, including tuition, housing, and related costs. This is decided separately from regular child support and depends on the parents' resources and the child's needs.
Yes. Child support can be reviewed and changed when there is a substantial change in circumstances, such as a shift in either parent's income or in the child's needs. We can help you request a modification or respond to one.
Yes. Since 2016, Illinois recognizes only one ground for divorce, irreconcilable differences, so you do not have to prove that either spouse did anything wrong. The court looks at whether the marriage has broken down and cannot be repaired, not at who was at fault. If you are weighing whether to file, call Jeff at (815) 838-5297 to talk through what that means for your case.
It depends on how much the two sides agree. An uncontested divorce where both spouses agree on every issue can sometimes finish in a few months, while a contested case involving disputes over property, support, or parenting can take a year or more. We work to resolve matters as efficiently as your situation allows. Call Jeff at (815) 838-5297 for a realistic timeline based on your facts.
Usually a few months from filing to judgment in Will County, sometimes less. An uncontested divorce under 750 ILCS 5/452 requires a signed marital settlement agreement, and Illinois presumes irreconcilable differences once spouses have lived separate and apart for six months under 5/401(a-5). The calendar of the assigned Joliet courtroom sets the final date.
As of 2026, filing a dissolution petition in Will County costs $369, and filing an appearance as the respondent costs $244, per the Circuit Clerk of Will County's fee schedule effective July 12, 2026 and updated September 3, 2026. If your spouse does not accept papers voluntarily, the Sheriff's Office charges its own separate fee for service of process, which varies by where the other party has to be found, on top of smaller costs like subpoena fees and certified copies. Filing fees are only part of the total cost of a case. Call Jeff at (815) 838-5297 for a clear picture of the likely fees in your situation before you commit to anything.
Illinois follows equitable distribution, which means marital property is divided fairly, though not always equally. The court weighs factors such as each spouse's contributions, the length of the marriage, and each person's economic circumstances, and property you owned before the marriage is generally treated as non-marital and stays with you. Illinois is not a community property state, so there is no automatic 50/50 split. Call Jeff at (815) 838-5297 to go over what that likely means for your assets.
There is no rule that the person on the deed automatically keeps the house, and no rule that it splits evenly. Illinois divides marital property in just proportions under 750 ILCS 5/503, and a judge weighs factors like each spouse's contributions, the marriage length, and whether it serves the children for the home to go to the parent with primary custody. Most cases end in selling and splitting proceeds, one spouse buying out the other, or one spouse keeping the house and refinancing the mortgage into their own name. Call Jeff at (815) 838-5297 to talk through what makes sense for your house.
For most couples, Illinois uses a statutory guideline formula. The guideline amount is 33.3 percent of the payer's net annual income minus 25 percent of the receiver's net annual income, and the maintenance plus the receiver's own net income cannot exceed 40 percent of the couple's combined net income. These guidelines apply when the spouses' combined gross income is under $500,000, and the duration is tied to the length of the marriage through a set of statutory percentages. Call Jeff at (815) 838-5297 to see how the formula applies to your numbers.
Illinois no longer uses the word custody. Instead, courts allocate parental responsibilities, which cover decision-making, and parenting time, which is the schedule with each parent, and every decision is guided by the best interests of the child. Judges weigh factors like each parent's involvement, the child's needs, and the family's existing routine. Call Jeff at (815) 838-5297 to discuss how these factors apply to your family.
It depends on the county. Under 750 ILCS 5/600(g), if your child's home is in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles within Illinois counts as a relocation, and in any other Illinois county the threshold is more than 50 miles. Moving out of state counts as relocation once you are more than 25 miles from the child's current home, and relocating requires written notice to the other parent and, if they object, court approval. Call Jeff at (815) 838-5297 before you make plans, so the move is not put at risk.
Illinois uses the income shares model under 750 ILCS 5/505. Each parent's net monthly income is calculated using the state's conversion table, the two incomes are combined and looked up on the Illinois Schedule of Basic Child Support Obligations, and that basic obligation is split between the parents based on each one's share of the combined income. Parenting time also factors in, since once each parent has the child for 146 or more overnights a year the calculation adjusts to reflect that both households cover day to day costs. Call Jeff at (815) 838-5297 to see what the guidelines suggest for your situation.
Under Illinois Supreme Court Rule 101(d), you generally have 30 calendar days from the date of service to file an appearance and typically an answer. The day you were served does not count toward the total, and weekends and holidays count too, though a deadline landing on one usually pushes to the next business day. Missing this window risks a default judgment, where the court can grant what your spouse asked for without hearing your side. Call Jeff at (815) 838-5297 as soon as you are served, not after the deadline passes.
Under 750 ILCS 5/401(a), the court can enter a divorce judgment when at least one spouse has been an Illinois resident, or stationed here in the armed services, for the 90 days before the case is commenced or the finding is made. Only one spouse needs to meet that requirement, and you can file before the 90 days are up. Call Jeff at (815) 838-5297 to ask how the timing applies to you.
Yes, but the bar is high. Under 750 ILCS 5/602.9, a grandparent must first meet one of five standing conditions, such as a parent being deceased, incompetent, incarcerated for more than 90 days, the parents being divorced or separated with one not objecting, or the child being born to unmarried parents who are not living together. Meeting a standing requirement only gets a grandparent in the door, since Illinois law presumes a fit parent's decision about visitation is not harmful to the child, so the grandparent must also show the parent unreasonably denied visitation and that the denial caused the child harm. Call Jeff at (815) 838-5297 to find out whether your situation meets the standard.
It can. Under 750 ILCS 5/508 a court may order one spouse to contribute to the other's attorney fees, including interim fees while the case is pending, when one spouse controls most of the income or assets. It is not automatic and it is not a substitute for a retainer, but it is the answer to a spouse who is being outspent. Jeff raises it at the first hearing when the facts support it.
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Every divorce, custody case, and financial dispute comes down to strategy. At Inspired Law Group, we offer no-risk case evaluations so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Negotiate for the best possible outcome.
