Family law in the state of Illinois encompasses legal matters related to marriage, divorce, parentage, allocation of parental responsibilities and parenting time, child support, premarital agreements, and other family-related issues. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs divorce proceedings and related matters.

In Illinois, a divorce can be filed on the grounds of irreconcilable differences, which means the marriage has irretrievably broken down with no chance of reconciliation. Illinois is a no-fault divorce state, meaning fault doesn’t need to be proven for the dissolution of marriage. Skilled attorneys will handle your contested or uncontested divorce, which often includes issues such as property division, maintenance (spousal support), and allocation of marital debt.

When it comes to property division, Illinois follows the principle of equitable distribution. This means that marital property, including assets and debts acquired during the marriage, will be divided fairly, but not necessarily equally, between the spouses. The court considers factors like the length of the marriage, each spouse’s contribution to the marital estate, and their economic circumstances.

In the state of Illinois, maintenance (also referred to as spousal support or alimony,) may be awarded to either spouse in a divorce or legal separation. The determination of maintenance is often based on statutory guidelines that consider the duration of the marriage and the parties’ respective incomes. It is important to consult with an attorney who specializes in family law in Illinois to understand how these factors may specifically apply to your situation, as individual circumstances can significantly impact the determination of maintenance.

Child- related issues, such as determining who will hold primary decision-making capabilities for the child, and what a parenting time schedule will look like, for example, are determined based on the best interests of the child. Illinois recognizes that parental allocation of responsibilities can be shared (where both parents share decision-making responsibilities,) but also considers the child’s relationship with each parent, their wishes, and other relevant factors.

Child support is calculated using the “Income Shares” model, which considers the income of both parents, the number of children, and other relevant factors. Illinois has guidelines in place to determine child support obligations.

In cases of domestic violence or abuse, Illinois has other laws that provide protection through orders of protection, which can be issued to safeguard victims and restrict the abuser’s actions.

It is important to note that this overview is not exhaustive, and family law and divorce procedures can vary based on individual circumstances.

Founded in 2009, the attorneys and staff at the Law Offices of J. Jeltes work together to provide skilled, efficient, and affordable legal representation to individuals and families going through major life transitions. 

We know that every situation is unique, and our skilled team will work with you to efficiently and effectively meet your goals, while bringing true compassion and meaningful experience to the table, at every step of the way. 

Don’t hesitate to get in touch to begin the conversation.