Question 1

Do I need to have decided to divorce before contacting Charles?

Accepted Answer

No. You can request a conversation while considering your options. Start with contact information and the names needed for a conflict check. You do not need to provide a detailed account of your marriage in the initial inquiry. A request does not establish an attorney-client relationship.

Question 2

What if I do not have all my financial records?

Accepted Answer

You do not need a complete financial file to request a conversation. Identify what you know and what is missing. After conflicts are checked, ask which records would be useful and how to provide them. Do not send confidential documents, passwords or full account numbers through the initial website form.

Question 3

Can I request a conversation if my divorce is already underway?

Accepted Answer

Yes. Mention that a case is pending, whether you have a lawyer and whether a deadline or hearing is approaching. The next step may involve reviewing the case status and the decision you need to make. An inquiry does not extend a deadline or mean Charles is representing you or monitoring your case. Do not rely on a website inquiry for an urgent court deadline.

Question 4

How does divorce work in Illinois?

Accepted Answer

A divorce starts with a petition and proper notice to the other spouse. The parties identify property, debts, income and any parenting issues, exchange information, and resolve the terms by agreement or court decision. Temporary orders can address needs while the case is pending. You are divorced when the judge enters the dissolution judgment—not when you move out or file the case. Some issues may be reserved in circumstances allowed by law.

Question 5

Do I need to prove cheating or fault to get divorced?

Accepted Answer

No. Illinois uses irreconcilable differences as the ground for divorce. You do not have to prove adultery or obtain your spouse’s agreement to end the marriage, but you must satisfy the legal and procedural requirements. Misconduct is not a punishment factor in property division or maintenance. Conduct can still matter when it affects a child, supports a dissipation claim, or meets the requirements for protective relief.

Question 6

Do we have to live apart for six months before filing?

Accepted Answer

No. The six-month provision is not a universal waiting period before filing. Living separate and apart for at least six continuous months immediately before judgment creates an irrebuttable presumption of irreconcilable differences. Without that presumption, those differences can still be proved. Residence requirements are a separate question.

Question 7

How long must I live in Illinois to get divorced here?

Accepted Answer

Section 401 requires one spouse to be an Illinois resident, or stationed here in the armed services, when the case starts. The residence or military presence must have lasted 90 days before the case starts or before the court makes the required finding. It is therefore inaccurate to say everyone must wait 90 days before filing. Authority to decide parenting, support or out-of-state property can require additional jurisdiction analysis.

Question 8

How long does an Illinois divorce take?

Accepted Answer

There is no single deadline that guarantees a completed divorce. A case with a complete agreement and adequate disclosure can move more quickly than one with disputed parenting, missing financial records or a business valuation. Service, court scheduling and preparation for judgment still take time. Ask what remains unresolved, what evidence is missing and what the next court date is intended to accomplish.

Question 9

What is the difference between contested and uncontested divorce?

Accepted Answer

An uncontested divorce means the spouses agree on all issues needed for judgment, not merely that both want a divorce. A contested case has an unresolved issue such as property, maintenance or parenting. Contested cases can settle without trial. An agreement still needs appropriate documentation and court approval; children’s issues remain subject to the governing standards.

Question 10

Can my spouse stop the divorce by refusing to sign?

Accepted Answer

A refusal to sign does not give a spouse a veto over an Illinois divorce. The other spouse can pursue the case through proper service and the court process. If someone does not respond, a default procedure may be available, but judgment is not automatic and the required proof still matters. If you have been served, get advice about the summons and deadlines rather than assuming negotiations pause them.

Question 11

Is moving out the same as a legal separation?

Accepted Answer

No. Living apart is a factual arrangement; legal separation involves a court judgment and leaves you married. In a legal-separation proceeding, the court may address support but cannot value or allocate property without the parties’ agreement. A qualifying property agreement incorporated into that judgment is final and non-modifiable. Property acquired after a legal-separation judgment has a statutory non-marital exception that informal separation does not create.

Question 12

How much does divorce cost, and can my spouse help pay my lawyer?

Accepted Answer

The main cost drivers are the work required: disputed issues, financial investigation, motions, experts, negotiation and trial. A retainer is not necessarily a total-price quote. Illinois permits requests for interim fees and contribution based on the applicable financial and statutory standards; a higher-earning spouse does not automatically pay every bill. Ask for an explanation of rates, staffing, anticipated tasks and when the budget will be revisited.

Question 13

Can I get support or a parenting schedule before the divorce is final?

Accepted Answer

Yes. Temporary relief can address support, maintenance and other immediate issues, and temporary parenting orders can establish arrangements while the case is pending. Relief requires the appropriate request and supporting facts. Filing for divorce does not itself guarantee a support payment or freeze every asset. A temporary order is not the final decision on the case.

Question 14

Do I have to mediate, and does mediation decide my case?

Accepted Answer

Unresolved parenting issues are generally referred to court-connected mediation under Illinois rules unless the court finds an impediment. A mediator helps people seek agreement; the mediator does not replace the judge. Financial mediation may also be useful, but the parenting referral rule does not mean every financial dispute must follow the same process. Raise safety concerns before mediation and have proposed terms reviewed before agreeing.

Question 15

What is marital property in Illinois?

Accepted Answer

Property acquired during marriage is generally presumed marital even if only one spouse’s name is on it. Statutory exceptions include certain premarital property, inheritances, gifts and property excluded by a valid agreement. The source and history of the asset matter. Separate accounts do not automatically make earnings during marriage non-marital, and moving out does not by itself end the marital-property period.

Question 16

Is everything split 50/50?

Accepted Answer

No. Illinois divides marital property in just proportions after considering statutory factors, including contributions, economic circumstances, the length of the marriage, needs and tax consequences. Each spouse’s established non-marital property is assigned to that spouse, subject to issues such as reimbursement. An equal marital division is possible, but neither an automatic half-share of everything nor an automatic penalty for marital misconduct is the rule.

Question 17

Will I have to divide my inheritance?

Accepted Answer

An inheritance received by one spouse generally starts as non-marital property. Its later treatment matters: joint ownership, gifts, spending and mixing funds can affect the claim. Keep estate-distribution records and the statements connecting the inheritance to what exists now. Tracing the source and proving that a transfer was not a gift are different tasks; showing an inheritance once existed does not alone decide ownership of a later joint asset.

Question 18

Do I keep a house I owned before the marriage?

Accepted Answer

A home acquired before marriage generally begins as non-marital property. A later deed, joint ownership, agreement or other transaction can change the analysis. Mortgage payments or improvements made with marital funds may create reimbursement questions without automatically giving the other spouse half the home. Review the original acquisition, deeds, loan history and source of payments.

Question 19

What does tracing mean?

Accepted Answer

Tracing means documenting where an asset came from and how it moved or changed. For an inheritance used to buy a home, that may mean the estate distribution, receiving bank statement, transfer records and closing documents. A current balance or an account label is not the same as that history. Identify missing periods early so counsel can evaluate how to obtain or reconstruct the evidence.

Question 20

Does putting separate money into a joint account automatically make it marital?

Accepted Answer

A transfer into joint ownership creates a marital-property presumption; it is not something to dismiss as just paperwork. The statute allows that presumption to be overcome with the required evidence. Commingling also raises questions about whether funds lost their identity and whether reimbursement is available. Complete records and evidence of intent matter; there is no reliable answer based on the account title alone.

Question 21

Is growth in my premarital property marital?

Accepted Answer

An increase in the value of established non-marital property is generally non-marital under Section 503(a)(7), subject to reimbursement rights. Significant personal effort during marriage that produces substantial appreciation can support marital reimbursement unless the marital estate was reasonably compensated. New ownership interests, new contributions and the income produced by an asset need their own analysis.

Question 22

Who gets to keep the family home?

Accepted Answer

There is no automatic rule that either spouse keeps it. The court considers the property-division factors, including the children’s living arrangements and each spouse’s economic circumstances. Possible solutions include a sale or one spouse keeping the home with an offset to the other. Ownership, ability to afford the home and responsibility to the mortgage lender are separate questions.

Question 23

Does the divorce remove my name from a mortgage or credit card?

Accepted Answer

No. An order allocating a joint debt between spouses does not itself release either borrower from the creditor’s contract. Transferring a deed also does not remove a name from the mortgage. A settlement should address payment, any required refinancing or lender-approved release, deadlines and what happens if those steps cannot be completed.

Question 24

Are my 401(k), pension and IRA divided the same way?

Accepted Answer

No. First identify the marital and non-marital portions; then identify the plan’s transfer rules. Many employer plans require a Qualified Domestic Relations Order (QDRO). Illinois public pensions may use a QILDRO or other applicable plan procedure. IRAs use a different divorce-related transfer process. Do not withdraw and hand over retirement money without checking the order, administrator requirements and tax consequences.

Question 25

What is dissipation, and is every unfair purchase dissipation?

Accepted Answer

Dissipation concerns marital property used for a purpose unrelated to the marriage during its irretrievable breakdown, as developed in Illinois case law. An expense you dislike is not automatically dissipation. Identify the amount, date, destination, explanation and relationship timeline. Section 503 imposes notice and timing limits, so raise suspected spending promptly rather than waiting for trial.

Question 26

What if I think my spouse is hiding money?

Accepted Answer

Start with a specific discrepancy: a missing account, unexplained transfer, inconsistent income figure or missing statement. Counsel can use disclosure and discovery procedures to investigate and seek appropriate relief. Suspicion alone does not prove concealment, and an undisclosed asset is different from money that has been dissipated. Preserve records you can lawfully access; do not enter someone else’s accounts without authority or hide assets in response.

Question 27

Are transfers between spouses always tax-free?

Accepted Answer

No blanket assumption is safe. Many transfers incident to divorce receive special federal tax treatment, but the transferred asset can carry an existing tax basis and future tax liability. Retirement transfers, equity awards and a later sale have their own rules. Compare after-tax value and liquidity before treating a dollar of retirement assets as equivalent to a dollar of cash.

Question 28

Does my spouse automatically get half my business?

Accepted Answer

No. Illinois first classifies the ownership interest, then values and divides the marital estate under the statutory factors. A non-owner spouse can have a financial claim without becoming a co-owner. Settlement structures may use other assets or payments, but feasibility, taxes and available cash matter. A premarital business also requires separate analysis of later interests, contributions, growth and compensation.

Question 29

Is a business worth what its tax return or buy-sell agreement says?

Accepted Answer

Those documents are evidence, not a complete valuation by themselves. Section 503 requires a fair-market-value standard for court valuation. The analysis needs an appropriate date and attention to the actual ownership interest, company finances, restrictions and valuation assumptions. For a professional practice, ask the expert and counsel to identify what each proposed value component represents rather than treating personal earning ability and transferable business value as interchangeable.

Question 30

When would I need a forensic accountant?

Accepted Answer

Consider one when a defined financial question could change the outcome: tracing an inheritance, reconciling business income, investigating missing money or valuing an ownership interest. Not every divorce needs every kind of expert. First identify the question, available records, likely cost and how the work will assist negotiation or proof. Charles can coordinate the legal and financial team through Beermann.

Question 31

Can unvested RSUs or stock options be marital property?

Accepted Answer

Yes. Section 503(b)(3) presumes stock options, restricted stock and similar benefits granted during the statutory marital period are marital, even when unvested or not yet valued. That does not mean every award is divided equally or entirely marital. Statutory exceptions, the grant’s purpose, vesting conditions and the period of service matter. Analyze each grant, not just the current brokerage balance.

Question 32

Must stock awards be sold immediately to divide them?

Accepted Answer

Not necessarily. Section 503 recognizes that allocation can occur at judgment even when actual division happens later. An agreed structure or order should address what happens at vesting, taxes, forfeiture, reporting, payment and restrictions on transfer. A present-value offset and a later division allocate risk differently. Confirm that the chosen method can actually be carried out under the employer’s plan.

Question 33

Will I receive maintenance, or have to pay it?

Accepted Answer

A difference in income does not automatically create maintenance. The court first considers the Section 504 factors, including income, property, needs, earning capacity, career sacrifices, the marital standard of living, marriage length and valid agreements. Only after finding maintenance appropriate does it determine amount and duration. Either spouse can be the recipient; the analysis is not based on gender.

Question 34

What is the Illinois maintenance formula?

Accepted Answer

For qualifying guideline awards, the amount is one-third of the payor’s net annual income minus one-quarter of the recipient’s net annual income. Maintenance plus the recipient’s net income cannot exceed 40% of the parties’ combined net income. Eligibility ordinarily requires combined gross annual income below $500,000 and no payor obligation to pay child support or maintenance from a prior relationship. Courts can depart from guidelines with findings. Certain older, tax-deductible orders use different rules.

Question 35

Why do the calculators ask for gross income if the formulas use net income?

Accepted Answer

Gross income is the amount before taxes. Illinois support calculations use a defined net-income measure that is not necessarily the take-home amount on a paycheck. These calculators start with gross annual wages and estimate net income using the 2026 HFS standardized tables. Business income, unusual tax circumstances and other obligations can require a different or more detailed calculation. The result is an educational estimate, not an order.

Question 36

How long does maintenance last?

Accepted Answer

Guideline duration depends on the marriage length when the case began, multiplied by the applicable statutory factor. For example, a marriage of exactly 10 years uses 0.44, producing 4.4 years before any applicable credit or departure. At 20 years or more, the court chooses a term equal to the marriage length or an indefinite term. Indefinite does not mean immune from later modification or termination.

Question 37

Does retirement, remarriage or dating end maintenance?

Accepted Answer

Retirement or an income change may support modification, but does not automatically erase the order. Unless the approved agreement provides otherwise, Section 510(c) addresses termination on death, the recipient’s remarriage, or resident, continuing conjugal cohabitation. Dating alone is not the statutory test. Read the complete judgment and obtain advice about the required proof and procedure before treating an obligation as ended.

Question 38

How is child support calculated in Illinois?

Accepted Answer

Illinois uses both parents’ incomes under an income-shares model. The calculation determines adjusted net income, uses the HFS schedule for the number of children, and allocates responsibility under the applicable parenting-time rules. Health insurance, childcare and other allowable expenses can add to the basic amount. It is not simply 20% of one parent’s pay, and a basic calculator may not cover every adjustment.

Question 39

Is child support zero if we have 50/50 parenting time?

Accepted Answer

Not automatically. Under the law in effect on September 27, 2026, when each parent exercises at least 146 overnights per year, Illinois uses the shared-physical-care calculation. A statutory amendment changes that framework effective January 1, 2027; see the guide for the effective-date distinction. That method considers income shares and the time with each parent; equal time does not necessarily produce equal financial obligations. Insurance, childcare and other expenses also matter. A parenting schedule should meet the child’s needs rather than be designed around a calculator threshold.

Question 40

Do bonuses, commissions and business income count for support?

Accepted Answer

They can. Illinois starts with a broad definition of income, subject to exclusions and adjustments. A base salary alone can understate compensation. Business gross receipts are not the same as personal support income: ordinary and necessary operating expenses and certain business-paid benefits require analysis. Bring the compensation history, tax records and business financials so recurring earnings and unusual transactions can be distinguished.

Question 41

Can a parent avoid support by quitting or earning less?

Accepted Answer

Not necessarily. For voluntary unemployment or underemployment, Section 505 addresses potential income using the parent’s circumstances and the local job market. A past salary is not automatically the right number. Imputation requires an evidentiary hearing or the parties’ agreement, with specific written findings. Keep evidence of the reason for a job change, actual earnings, work limitations and efforts to obtain employment.

Question 42

When can child support change, and can it be backdated?

Accepted Answer

A substantial change in circumstances is the usual basis for a private modification request; the statute also provides other defined routes. The 20% inconsistency route is limited to specified HFS-enforcement cases after at least 36 months and includes additional conditions. Modification generally reaches only installments accruing after due notice of the filed motion. A job loss or private agreement does not itself amend the order or eliminate arrears.

Question 43

Does child support stop at age 18?

Accepted Answer

Not always. Ordinary support can continue while an 18-year-old is still in high school, generally until graduation or age 19, whichever comes first, subject to the statute and judgment. College expenses and support for a non-minor child with a disability are separate statutory issues. Check the order before changing payments, especially if it covers more than one child or includes other obligations.

Question 44

Can divorced parents be required to pay college expenses?

Accepted Answer

Yes. Section 513 permits an award based on the parents’ and child’s resources and the other statutory factors. It is not automatically a three-way split. Tuition and housing provisions use University of Illinois Urbana-Champaign benchmarks with good-cause exceptions, and age, academic-performance and other limits apply. The existing agreement or order and when relief is requested matter. Raise the issue before expenses accumulate.

Question 45

What is the difference between parenting time and decision-making?

Accepted Answer

Parenting time is the child’s schedule with each parent. Significant decision-making covers education, health, religion and extracurricular activities, and can be allocated by subject. The parent exercising parenting time generally makes routine and emergency health-and-safety decisions during that time. Having more overnights does not, by itself, decide who controls every major decision; read the allocation judgment.

Question 46

Is equal parenting time automatic, or does one parent have an advantage?

Accepted Answer

Neither parent is automatically awarded a particular schedule. Illinois uses the child’s best interests and relevant evidence, including caregiving history, the child’s needs, school adjustment, logistics, cooperation and safety. The statute presumes both parents fit, but that is not a command to divide every calendar exactly in half. Focus on a workable proposal supported by the child’s actual life.

Question 47

At what age can a child choose which parent to live with?

Accepted Answer

The Illinois parenting statutes do not give a minor an automatic right to choose at a specified age. The court considers the child’s wishes in light of maturity and ability to express reasoned, independent preferences, together with the other best-interests factors. Avoid asking a child to decide the litigation or carry messages between parents.

Question 48

Can I change my child’s school without the other parent’s agreement?

Accepted Answer

Start with the allocation judgment. School choice is a significant educational decision, and the order determines who has that authority and what dispute process applies. A designated address for school enrollment is not a substitute for reading those provisions. If authority is shared and agreement is missing, use the required dispute process and seek timely court relief when necessary rather than assuming enrollment settles the dispute.

Question 49

What can I do if the other parent refuses court-ordered parenting time?

Accepted Answer

Keep the current order and a dated record of missed exchanges, communications and attempted resolutions. Section 607.5 provides an expedited enforcement process and possible remedies, including makeup time, conditions, fees and contempt when the standards are met. Do not treat withholding support as the remedy. If there is an immediate safety concern, seek prompt advice about protective relief rather than relying on routine enforcement alone.

Question 50

Must I wait two years to change parenting time?

Accepted Answer

No. Parenting time may be modified without a two-year wait. In Reynolds v. Reynolds, 2026 IL 132627, the Illinois Supreme Court held that a parenting-time-only request uses §610.5(a): changed circumstances that necessitate modification to serve the child’s best interests, not subsection (c)’s substantial-change standard. Decision-making changes, restrictions and the statutory exceptions have separate rules. Review the existing order and the precise change requested.

Question 51

Does a GAL decide who gets parenting time?

Accepted Answer

No. The judge decides. A guardian ad litem investigates and can testify or report recommendations, subject to examination. A child representative instead advocates through evidence-based legal argument and is not a witness making a report or recommendation to the court. A separate attorney for the child has another role. Ask which role was appointed and what the order authorizes.

Question 52

How far can I move with my child without a relocation case?

Accepted Answer

For an in-state move from a child’s primary residence in Cook, DuPage, Kane, Lake, McHenry or Will County, the relocation threshold is more than 25 miles. From another Illinois county, it is more than 50 miles. An out-of-state move of more than 25 miles also qualifies. The statute uses surface-road distance and the shortest alternative route. Below-threshold moves can still trigger notice and parenting-plan obligations.

Question 53

Is 60 days’ notice enough to let me relocate with my child?

Accepted Answer

Notice and permission are different. For a parent with majority or equal parenting time, Section 609.2 generally requires at least 60 days’ written notice, subject to exceptions, and filing with the clerk. A signed and filed consent notice can permit relocation under the statute. If the other parent objects, does not sign, or the parenting-plan changes are disputed, court permission must be sought. Silence is not signed consent.

Question 54

What is an order of protection, and do I need a divorce first?

Accepted Answer

An order of protection is a court order under the Illinois Domestic Violence Act that can prohibit abuse and provide other authorized relief when the statutory relationship and abuse requirements are met. It can be requested independently of a divorce. The available remedies and procedures depend on the request and proof. If someone is in immediate danger, call 911; a website inquiry is not an emergency response.

Question 55

Is an emergency order of protection permanent?

Accepted Answer

No. Under the law in effect on this page’s update date, emergency orders generally last 14–21 days and interim orders up to 30 days, unless extended, reopened or replaced as permitted. Plenary orders follow additional procedural requirements and have different duration rules. Read the actual order, restrictions and next hearing date. Do not assume an order disappears because the protected person later invites contact.

Question 56

Can a prenup protect property and address maintenance?

Accepted Answer

Yes, a valid Illinois premarital agreement can address property and maintenance, but a signed document is not automatically enforceable. Voluntariness and the statute’s disclosure and unconscionability rules matter. Section 7 also contains a maintenance hardship exception for circumstances not reasonably foreseeable at signing. An agreement cannot adversely affect a child’s right to support.

Question 57

What if my former spouse does not follow the judgment?

Accepted Answer

Identify the exact provision, what was required, when it was due and the evidence of noncompliance. Enforcement asks the court to implement the existing obligation; modification asks to change it. Possible remedies depend on the type of obligation and the findings. Property awards generally cannot be rewritten simply because circumstances changed. Bring the complete judgment and later orders, not just a summary of the agreement.

Question 58

Which counties does Charles Wright serve, and how do I contact him?

Accepted Answer

Charles M. Wright practices with Beermann LLP in Chicago and handles family-law matters in Cook, Lake, DuPage, Will, Kendall and Kane Counties. Use the conversation form to provide contact details and names for a conflict check. When calling Beermann at 312-621-9700, ask for Charles Wright. Save confidential case details and documents until the firm confirms the next step.

Illinois Divorce FAQ

Find the question you are facing.

Before our first conversation

Starting a divorce

Property, the home and debt

Businesses and stock compensation

Maintenance and child support

Parenting, school and moving

Protection, agreements and life after divorce

Let’s talk about what comes next.