Expert Guidance for Divorce in Illinois

A Clear Path Forward

Going through a divorce is never easy, but understanding the process can help you feel more in control. If you’re considering divorce in Illinois, our team is here to provide clarity, support, and experienced legal guidance every step of the way.

  • The process starts when one spouse files a Petition for Dissolution of Marriage with the court. Illinois is a no-fault divorce state, meaning you don’t have to prove wrongdoing—simply stating irreconcilable differences is enough. One spouse must have lived in Illinois for at least 90 days before filing.

  • Once the petition is filed, the other spouse must be officially notified. This is done through service of process, where court-approved documents are delivered to them.

  • The spouse receiving the papers has a chance to respond. At this stage, both sides work to agree on key issues like property division, child custody, and financial support. If an agreement is reached, the case can move forward smoothly.

  • Dividing assets, determining spousal support, and making parenting arrangements are often the most complex parts of a divorce. Illinois follows equitable distribution, meaning assets are divided fairly—but not necessarily 50/50. Child custody (now called parental responsibilities) is determined based on the child’s best interests.

  • Once all agreements are in place, a judge reviews and approves the divorce terms. If no agreements can be made, the case may go to trial. Once finalized, the judge issues a Judgment for Dissolution of Marriage, officially ending the marriage.

Illinois Divorce Law Firm

Client Experiences

  • Benton provided a strategy that won my case.

    His legal skill is great, but just as important he's a supportive attorney who truly cares. His advice on how to navigate difficult co parenting issues after the court case was settled was spot on. I'll always be thankful. Besides Benton, all the staff we worked with at Beermann Law LLP were terrific: competent, professional, and personable. I recommend Benton Page to everybody who needs a family law attorney.

  • Ben's knowledge of the law, the DuPage court system and insight into the people working there was invaluable.

    Going through a divorce is never easy, however, I was able to turn to Ben Page for calm, sure guidance. Thank you, Ben!

  • Ben has advised me on a very difficult divorce settlement as well as post-divorce and ongoing child custody issues.

    He is an expert in his field, highly responsive and extremely trustworthy. He strikes an excellent balance between managing expectations and finding the most pragmatic and cost effective solutions. I would recommend Ben without hesitation to anyone who is looking for a highly skilled yet empathetic attorney.

Legal Support for Divorce Cases Across Illinois

FAQs

  • The timeline of a divorce varies based on factors like the level of cooperation between parties, the complexity of assets, family dynamics, and the chosen resolution method—whether litigation, mediation, or another alternative. If both parties reach agreements outside of court, the process can move quickly, but disagreements, legal representation, and case dynamics can extend the duration.

  • Not always. Many divorces are resolved through negotiation or mediation. However, if an agreement can’t be reached, court intervention may be necessary.

  • Illinois follows equitable distribution, meaning marital assets are divided based on fairness, not necessarily equally. Factors like income, contributions to the marriage, and financial needs are considered.

  • You can still move forward. As long as irreconcilable differences are established and legal requirements are met, the court can grant the divorce even if one spouse objects.

  • Illinois courts prioritize the child’s best interests, considering factors like the child’s relationship with each parent, stability, and parental involvement.

  • Costs vary depending on complexity. Uncontested divorces (where both spouses agree on terms) are typically less expensive, while contested divorces requiring litigation can be more costly.