Illinois Family Law Attorneys

At DearLegal, we connect you with experienced Illinois family law attorneys who can navigate Illinois’s no-fault framework and Income Shares child support. Whether you’re in Chicago, Aurora, Naperville, Rockford, Springfield, or anywhere in the state, we’ll match you with the right attorney — at no cost to get started.

Illinois has no mandatory waiting period (since 2016). Uncontested divorces typically finalize 60–120 days after filing. Contested cases generally take 9–18 months, with high-conflict cases extending well beyond.

Yes — and as of 2016, no-fault is the only basis for divorce in Illinois. Irreconcilable differences must be established under 750 ILCS 5/401, which the parties can prove by 6 months of separation (presumed) or stipulation.

Not strictly. Illinois presumes irreconcilable differences after 6 months of living separate and apart, but parties can stipulate to irreconcilable differences without the 6-month period.

Illinois is an equitable distribution state. Marital property is divided in just proportions under 750 ILCS 5/503 considering 12 factors including each spouse’s contribution, value of property, duration of marriage, age and health, parenting plan, and economic circumstances. Non-marital property is exempt and assigned to the owner.

Illinois uses allocation of parental responsibilities — decision-making (750 ILCS 5/602.5) and parenting time (750 ILCS 5/602.7) — instead of custody. Courts consider 15+ best-interests factors. Significant decision-making areas (education, health, religion, extracurricular) can be allocated jointly or to one parent.

Illinois transitioned to the Income Shares model effective July 1, 2017 (replacing the prior Percentage of Obligor Income). Both parents’ net incomes are applied to the state schedule and prorated. Shared parenting (146+ overnights with each parent) triggers a different formula.

Yes. Allocation of parental responsibilities can be modified on a substantial change in circumstances; restrictions apply within 2 years of the original order (750 ILCS 5/610.5). Child support requires substantial change. Maintenance modification depends on the decree’s terms. Property division is final.

Why Do You Need a Family Law Attorney in Illinois?

Illinois became a pure no-fault state in 2016 — irreconcilable differences is the only ground under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401). Residency is 90 days for the petitioner or respondent before judgment (750 ILCS 5/401). Illinois eliminated the prior 6-month separation requirement in 2016 — separation is presumed where the parties have lived separate and apart continuously for 6 months, but the parties can stipulate to it. Illinois is an equitable distribution state under 750 ILCS 5/503 — marital property is divided in just proportions. Illinois transitioned to the Income Shares child support model effective July 1, 2017 (previously Percentage of Obligor Income). Allocation of parental responsibilities is decided under 750 ILCS 5/602.5 and 602.7.

When Do You Need a Family Law Attorney in Illinois?

Our network includes Illinois family law attorneys who handle every kind of case, including:

Types of Family Law Cases in Illinois

From the moment you connect with a Illinois family law attorney, they go to work protecting your claim. The most common case types we handle:

Assuming fault still matters — Illinois eliminated all fault grounds in 2016

Hiding assets — Illinois Supreme Court Rule 13.3 disclosures and the 2017 amendments to the IMDMA carry severe sanctions

Posting on social media — Illinois Family Courts routinely admit it

Communicating ex parte with the judge

Filing in Illinois when the child’s home state under UCCJEA is elsewhere

Missing the 90-day residency requirement under 750 ILCS 5/401

Assuming fault still matters — Illinois eliminated all fault grounds in 2016

Hiding assets — Illinois Supreme Court Rule 13.3 disclosures and the 2017 amendments to the IMDMA carry severe sanctions

Posting on social media — Illinois Family Courts routinely admit it

Communicating ex parte with the judge

Filing in Illinois when the child’s home state under UCCJEA is elsewhere

Missing the 90-day residency requirement under 750 ILCS 5/401

Common Illinois Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Illinois Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in Illinois are not handled on contingency. Illinois Rule of Professional Conduct 1.5(d)(1) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in domestic relations matters where the fee is contingent on securing a divorce or on the amount of maintenance, support, or property settlement. Illinois family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under 750 ILCS 5/501(c-1) and 5/503(j).

What Can Your Illinois Family Law Compensation Include?

Property Division

Equitable distribution under 750 ILCS 5/503 — just proportions across 12 statutory factors. Non-marital property is assigned to the owner.

Maintenance

Statutory guideline formula under 750 ILCS 5/504 — 33.3% of payor’s net minus 25% of payee’s net (capped at 40% combined); duration tied to marriage length.

Child Support

Income Shares under 750 ILCS 5/505 (since July 1, 2017), with shared parenting adjustments at 146+ overnights per parent.

Custody and Parenting Time

Allocation of parental responsibilities — decision-making and parenting time under 750 ILCS 5/602.5 and 602.7.

Attorney’s Fees

Illinois courts award interim and prospective fees under 750 ILCS 5/501(c-1) and final fees under § 503(j) based on the parties’ financial circumstances.

Protective Orders

Orders of Protection under the Illinois Domestic Violence Act (750 ILCS 60) — emergency, interim, and plenary orders up to 2 years.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Illinois Family Law Attorneys

Why Do You Need a Family Law Attorney in Illinois?

When Do You Need a Family Law Attorney in Illinois?

Types of Family Law Cases in Illinois

Common Illinois Family Law Mistakes

How Much Do Illinois Family Law Attorneys Cost?

What Can Your Illinois Family Law Compensation Include?

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