Navigating a divorce can feel overwhelming, even when both spouses agree that it’s time to move forward. The emotional toll of the process, combined with navigating a complex legal system, makes it difficult to know where to begin or what to expect. At O. Long Law, LLC, we aim to provide clarity, direction, and confidence to individuals and families throughout Illinois who are considering or preparing for divorce. Below, we’ve answered some of the most common questions people have asked when they first contact our office.

What Are the Grounds for Divorce in Illinois?

Illinois is strictly a no-fault divorce state. This means that the only legal ground for divorce is irreconcilable differences, which indicates that the marriage has broken down beyond repair.

In most cases, this means:

No proof of wrongdoing (such as infidelity or abandonment) is required.
A six-month separation is presumed to satisfy the irreconcilable differences standard, but it is not always required if both spouses agree that the relationship isn’t salvageable.

This approach simplifies the process and keeps the focus on resolution rather than blame.

How Long Does a Divorce Take?

The timeline of a divorce in Illinois can vary based on the circumstances. Several factors that will influence the duration include:

Uncontested divorces (where spouses agree on all issues) may be resolved in a matter of months.
Contested divorces, especially those involving disputes over children, support, or property, can take significantly longer.
Court scheduling, availability of mediators or evaluators, and the responsiveness of both parties also affect the timeline.

While no attorney can guarantee a specific duration, at O. Long Law, LLC we move your case forward efficiently while ensuring your rights are fully protected.

Do I Need a Lawyer to Get Divorced in Illinois?

Technically, you can represent yourself in an Illinois divorce, but doing so is risky. The divorce process requires you to make decisions that can shape your financial stability, your parenting schedule, and the long-term structure of your life after separation. Even small mistakes (such as miscalculating support, overlooking an asset, or agreeing to terms that seem harmless at the moment) can be difficult and expensive to undo later.

Having an attorney becomes even more important when your divorce involves children, real estate, businesses, or other meaningful financial holdings. Parenting time schedules, decision-making responsibilities, and child support calculations are complex areas where an attorney’s guidance helps prevent future disputes. Additionally, if you and your spouse own a home, retirement accounts, or other significant property, dividing those assets fairly requires a clear understanding of Illinois divorce law. A lawyer can also help if you suspect your spouse is hiding income or assets, or if you anticipate that communication will be strained. In situations where there has been intimidation, manipulation, or a power imbalance in the relationship, legal representation provides protection, advocacy, and a buffer between you and your spouse.

At O. Long Law, LLC, our role is to guide you through the process with clarity and confidence. We work to ensure that your rights are protected, your children’s needs are prioritized, and your future is secure from the first consultation to the final order.

How Is Property Divided in a Divorce?

Illinois uses the equitable distribution model. This means marital property is divided in a way that the court considers fair, which is not always a simple 50/50 split.

Key points the courts look at are:

Marital property typically includes income, assets, and debts acquired during the marriage.
Non-marital property (such as inheritances or assets owned before marriage) is usually excluded, unless it has been commingled in certain ways.

Courts may consider factors such as each spouse’s financial circumstances, contributions to the marriage (including non-financial contributions like being the stay-at-home parent), the length of the marriage, and future earning potential.

If you own a business, have retirement accounts, or possess complex financial assets, it is especially important to seek legal guidance. A business may need to be valued, and the court may determine whether any portion of it is marital property or whether its growth during the marriage should be shared. Even if one spouse started the business before the marriage, increased value or contributions made by the other spouse can affect how it is divided. Because of these complexities, legal guidance is essential to ensure your financial interests are accurately represented and protected.

Who Gets Custody of the Children?

In Illinois, child custody (now referred to as parenting time) is determined by analyzing what best supports the child’s overall well-being. Instead of focusing on which parent “wins” custody, the court looks closely at the family’s dynamics and what arrangement will provide the most stability, safety, and support for the child(ren). Sometimes, parents can agree on a plan together, but if they cannot, the court steps in to evaluate several factors, such as:

Each parent’s involvement in daily caregiving.
The child’s needs, relationships, and adjustment to their environment.
Each parent’s ability to cooperate and make decisions jointly.
Any history of abuse, neglect, or endangerment.
The child’s own wishes (depending on age and maturity).

Every parenting plan is unique to the circumstances of the family. Some families work well with equal parenting time, while others need a different arrangement to maintain the child’s routines and stability. At O. Long Law, LLC, we work closely with parents to craft parenting plans that reflect their children’s needs, protect their parental rights, and encourage healthy co-parenting whenever possible.

How Is Child Support Calculated?

Illinois follows the income shares model, which looks at both parents’ incomes and the estimated cost of raising a child to determine an appropriate support amount. Child support is intended to cover a child’s basic needs, including daily living expenses, clothing, food, housing, and essential educational costs. Beyond these core necessities, parents may also be responsible for additional expenses such as extracurricular activities, additional school fees, medical care, and other costs that support the child(ren)’s well-being. These added expenses are typically shared between parents according to a mutual agreement. In some cases, the court may deviate from the standard guidelines if the child has unique needs or a different approach is required due to family circumstances.

Will I Have to Pay (or Receive) Spousal Support?

Spousal support (referred to as spousal maintenance in Illinois) is not automatically granted. Instead, the court must evaluate the circumstances of each marriage to determine whether maintenance is provided. Considerations often include the length of the marriage, each spouse’s income and future earning capacity, the contributions each person made to the household or to the other spouse’s career, the standard of living established during the marriage, and the financial needs each spouse will have moving forward. All of these factors help the court understand whether one spouse may require financial support to maintain stability after the divorce.

When a court deems that maintenance is appropriate, Illinois uses the guideline method to calculate how much support should be paid and for how long. To help get a sense of what a potential maintenance might look like, O. Long Law, LLC offers an easy-to-use Spousal Maintenance Calculator. While the calculator provides a helpful starting point, it cannot account for the many variables, exceptions, and case-specific factors that an experienced divorce attorney can evaluate and apply. Our firm works closely with clients to evaluate whether maintenance is likely to apply in their situation and to strategically approach negotiation or litigation so that their long-term financial interests are protected.

Can We Use Mediation to Settle Our Divorce?

Yes. Mediation is a widely used and highly effective option for many divorcing couples in Illinois. It allows spouses to work through key issues with the help of a neutral mediator rather than relying entirely on a judge to make decisions for them. Using mediation can often:

Reduce conflict between spouses
Lower costs
Keep discussions private
Give both spouses more control over the outcome

In Illinois, mediation is often required when divorces involve children, particularly around parenting time or decision-making responsibilities. Even when it’s not mandatory, many couples choose mediation because it promotes thoughtful communication and helps avoid unnecessary courtroom battles.

What If My Spouse Won’t Agree to the Divorce?

A spouse cannot prevent a divorce from moving forward in Illinois. If one spouse refuses to participate or cooperate:

The case can proceed as a contested divorce.
Courts can issue orders even if one spouse fails to appear.
You can still obtain a dissolution as long as irreconcilable differences are established.

We guide clients through contested divorces with strategic planning and steady advocacy.

How Much Will My Divorce Cost?

In Illinois, a spouse cannot stop a divorce from moving forward, even if they refuse to participate or if they openly oppose it. If one spouse will not cooperate, the case will simply proceed as a contested divorce, and the court will continue its process without requiring both parties to be in agreement. Judges can issue orders even when a spouse fails to appear, and as long as irreconcilable differences are established, the dissolution of the marriage can still be granted.

What Should I Do to Prepare for a Divorce?

Preparation can make the divorce process far more manageable, emotionally and financially. Taking the time to organize important information and understand your current circumstances helps you enter the process with clarity. When preparing for a divorce, consider organizing the following:

Gather financial records (tax returns, bank statements, retirement account statements, income documents, etc).
Document parenting schedules, child needs, and caregiving responsibilities.
Create a realistic post-divorce budget.
Secure personal documents and passwords.
Speak with an attorney early, even if you’re not ready to file.

These steps taken early on can make a meaningful difference once formal proceedings begin. Proper planning not only protects your interests but also reduces stress by ensuring you’re informed and prepared from the very beginning.

What Are the First Steps to Begin the Divorce Process?

Each divorce is different, but typically, the divorce process in Illinois begins with:

Filing a Petition for Dissolution of Marriage in the county where either spouse resides.
Serving the petition on the other spouse (unless they sign a waiver).
Addressing temporary issues, such as support, parenting time, or use of the marital residence, if needed.
Exchanging financial information and working toward settlement or preparing for trial.

While these are common steps, every divorce has its own unique challenges. Some cases require additional filings, evaluations, or court hearings, depending on the complexity of the issues. That’s why it’s important to speak with an experienced Illinois divorce attorney who can explain what to expect in your specific situation and guide you through each stage.

You Don’t Have to Navigate Divorce Alone

Every divorce is unique, and no two situations are the same. While these common questions offer guidance, your circumstances may involve additional challenges or opportunities. That’s why it’s important to have someone on your side who can explain your options, protect your rights, and help you make decisions that support your long-term well-being.

Whether you are contemplating divorce or ready to begin, having informed guidance is essential. Our team at O. Long Law, LLC is committed to providing compassionate, strategic, and effective representation to individuals and families in Illinois. If you have questions about divorce or are ready to take the next step, we invite you to reach out for a confidential consultation.

The Most Common Questions About an Illinois Divorce