Find the issue. Read the source.
This navigator connects common Illinois family-law questions to the relevant statutes and the site’s explanatory guides. The descriptions are summaries, not quotations or a complete statement of the law. Open the linked Act and search for the section number shown.
The legislature’s database can display amendments before their effective dates, and recent enactments may not yet be incorporated. Check the source notes and effective dates. Court decisions, procedural rules and the facts of a case also matter.
Purposes, venue and the court’s role
750 ILCS 5/102–104
The Act begins with its purposes and rules of construction. Section 103 provides for trial without a jury under the Act; section 104 addresses the county in which proceedings may be brought and objections to venue.
Start with the type of proceeding and each party’s residence. Venue and jurisdiction are different questions; use the full provisions rather than choosing a court from a mailing address alone.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Illinois residency and grounds for divorce
750 ILCS 5/401
Illinois dissolution is based on irreconcilable differences. Section 401 addresses residence or military presence and the 90-day period before commencement of the action or the court’s finding. It should not be reduced to a categorical statement that everyone must wait 90 days before filing.
Six continuous months living separate and apart immediately before judgment creates an irrebuttable presumption of irreconcilable differences. This is a rule about proof of grounds, not a promise that a divorce will take six months.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Declaration of invalidity
750 ILCS 5/301–302
A declaration of invalidity concerns statutory defects in a marriage. Section 301 identifies the grounds; section 302 addresses who may seek relief and applicable time limits.
Identify the alleged defect, when it became known and the date of the marriage. Do not assume an unhappy or short marriage qualifies.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Joint simplified dissolution
750 ILCS 5/452
The simplified procedure has multiple conditions involving support, children, the length of the marriage, property, income, disclosure and a written agreement. Eligibility requires reviewing all of them together.
Use the current statutory checklist and the county’s approved packet. A case that sounds uncomplicated in conversation does not necessarily qualify.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Temporary support, asset protection and interim fees
750 ILCS 5/501
Section 501 provides a framework for requesting temporary relief while a case is pending, including support and certain restraints on property transfers. Supporting facts and the applicable procedure matter; relief is not automatic merely because a divorce was filed.
For financial issues, organize the financial affidavit and supporting tax, payroll and bank records. Interim attorney-fee requests have their own requirements under subsection (c-1); they are not a guarantee of matching the other spouse’s retainer.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Property, debt, tracing and dissipation
750 ILCS 5/503
Section 503 distinguishes marital and non-marital property, addresses commingling and reimbursement, and directs division of marital property in just proportions. Title alone does not resolve classification.
Use subsections (a)–(c) for classification and contributions; (b)(2) for retirement benefits; (b)(3) for stock awards; and (d)(2) for dissipation notice requirements. The financial records and timing of transactions connect these different questions.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Spousal maintenance
750 ILCS 5/504
Maintenance analysis begins with whether an award is appropriate. Section 504 then addresses amount, duration, guideline eligibility and findings for departures from the guidelines.
A calculator cannot decide entitlement. Keep gross-income eligibility separate from net-income inputs, and identify prior support obligations and unusual compensation before relying on an estimate.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Child support and the income analysis
750 ILCS 5/505
Section 505 contains the child-support framework, income definitions and adjustments. A salary figure alone may leave business income, variable compensation, parenting arrangements and other relevant inputs unresolved.
Read the applicable version and effective-date notes. Gather income records and the existing parenting order before comparing estimates or discussing a disputed income figure.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Attorney-fee requests and enforcement
750 ILCS 5/508; §501(c-1); §503(j)
Interim fees, contribution at the conclusion of a case, and fees in enforcement proceedings involve different provisions. Section 508(b) addresses fees when a court finds noncompliance without compelling cause or justification.
A fee request requires the applicable legal basis and record. Avoid assuming that winning any dispute automatically shifts every legal bill to the other party.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Changing maintenance or child support
750 ILCS 5/510
Section 510 addresses modification and termination. The existing judgment, type of obligation, notice, timing and statutory grounds must be examined together.
A life change is a reason to obtain advice about the order, not a reason to assume payments can safely stop. Preserve the judgment, payment history and evidence of the claimed change.
Read the IMDMA at the Illinois General Assembly · Related practical guide
College expenses and the Illinois benchmark
750 ILCS 5/513
Section 513 allows educational-expense awards and addresses relevant financial circumstances, eligible expenses and limits. Its tuition and housing provisions use University of Illinois Urbana-Champaign benchmarks, expressly subject to a good-cause exception. They are not absolute caps in every case.
The statute also contains age, academic-performance, information-access and filing provisions. Read those together with any existing agreement or order. Preserve school costs, aid information, college-account statements and the relevant judgment.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Parenting responsibilities and relocation definitions
750 ILCS 5/600
Parental responsibilities include parenting time and significant decision-making. Section 600 also defines relocation using the child’s current primary residence, destination and distance.
Before comparing two proposed plans, identify which decision or schedule provision is actually disputed. For a move, record both addresses and consult the relocation provisions as well as the definitions.
Read the IMDMA at the Illinois General Assembly · Related practical guide
School, health, religion and extracurricular decisions
750 ILCS 5/602.5
Significant decision-making is allocated according to the child’s best interests. The statute identifies education, health, religion and extracurricular activities among the significant issues.
Bring the allocation judgment, relevant communications and a concrete description of the decision that needs to be made. A disagreement about one subject should be identified specifically.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Parenting time
750 ILCS 5/602.7
The court allocates parenting time according to the child’s best interests using the statutory framework. A practical schedule must account for the child’s circumstances as well as the proposed allocation of days.
Organize school and work schedules, transportation, caregiving history and the existing order. Distinguish an allocation dispute from a request to impose restrictions under section 603.10.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Restrictions and child safety
750 ILCS 5/603.10
Section 603.10 addresses restrictions after a hearing and findings of serious endangerment or significant impairment of emotional development. It provides a range of protective orders suited to the findings.
Identify the specific safety concern and supporting evidence. The appropriate procedure depends on urgency, the existing order and the relief sought.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Moving with a child
750 ILCS 5/609.2; §600(g)
For a move that qualifies as relocation, section 609.2 addresses notice, filing, parental agreement and a petition when agreement is absent. The ordinary 60-day notice requirement has statutory exceptions for impracticability or a different court order.
Written consent alone should not be treated as the whole process: the statute addresses signing and filing the notice and accommodating the move in the parenting plan. Review the existing order before making commitments.
Read the IMDMA at the Illinois General Assembly · Related practical guide
Modifying parenting arrangements
750 ILCS 5/610.5
Modification standards depend on the requested change. Decision-making, parenting time, restrictions, agreed changes and statutory exceptions should not be treated as one interchangeable rule.
Start with the precise provision to change, the order’s date and the facts that support the request. Section 610.5 includes circumstances in which a changed-circumstances showing is not required; section 603.10 separately addresses restrictions.
Read the IMDMA at the Illinois General Assembly · Related practical guide
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. Read Reynolds, 2026 IL 132627, ¶¶ 38–44. Source checked September 28, 2026.
Related Illinois family-law Acts
Premarital agreements: permitted subjects
750 ILCS 10/4
Section 4 identifies subjects a premarital agreement may address and provides that a child’s right to support may not be adversely affected. Read the agreement and the statutory limits together.
Premarital agreements: enforcement
750 ILCS 10/7
Section 7 addresses voluntariness and unconscionability together with financial disclosure, waiver and knowledge requirements. Subsection (b) separately addresses undue hardship from a support provision. Preserve the signed agreement and disclosure record.
Establishing the parent-child relationship
750 ILCS 46/201
This section identifies statutory routes to a parent-child relationship. Use it to identify the relevant route before turning to presumptions, acknowledgment or adjudication.
Presumptions of parentage
750 ILCS 46/204
Section 204 addresses circumstances giving rise to a presumption of parentage. Gather the relevant birth, marriage or civil-union dates and any existing determination before assessing the effect of a presumption.
Voluntary acknowledgment: effect, rescission and challenge
750 ILCS 46/301, 305, 307–309
These provisions address acknowledgment and distinct procedures for rescission and challenge. Do not treat a signed acknowledgment as informal paperwork or assume every challenge has the same deadline. Obtain the filed documents and dates promptly.
Parentage after assisted reproduction
750 ILCS 46/703
Section 703 addresses consent and intent to parent in assisted reproduction. The documents and circumstances require a focused review; biology alone does not describe every parentage issue.
Support orders and income withholding
750 ILCS 28/20
Section 20 addresses withholding provisions and notices in support orders, including the conditions for an approved alternative arrangement. Identify the order, notice and payment records separately.
Duties after a withholding notice
750 ILCS 28/35
Section 35 addresses a payor’s duties after service of an income withholding notice. Use the full text for timing, payment, compliance and penalty provisions rather than relying on a single headline deadline.
Which state may make the initial parenting determination?
750 ILCS 36/201, 204
The UCCJEA addresses interstate child-custody jurisdiction. Section 201 concerns initial jurisdiction; section 204 separately addresses temporary emergency jurisdiction. Gather the child’s residence history and information about proceedings in other states.
Continuing jurisdiction after an order
750 ILCS 36/202
Section 202 addresses exclusive, continuing jurisdiction. A move does not by itself answer which court can modify an existing determination. Review the original order, present residences and the relevant interstate provisions.
Enforcing an out-of-state parenting order
750 ILCS 36/303, 308, 311
These provisions address recognition, expedited enforcement and warrants in specified circumstances. They are distinct remedies with their own requirements. Preserve certified orders and the procedural history; do not assume a particular hearing date from the title of the statute.
Turn the statute into useful questions.
Which provision applies to the actual issue? What facts must be established? Which records are missing? Does an existing agreement or order change the analysis? Are there notice requirements or deadlines? These questions help organize a consultation without assuming that a short online answer decides a case.
Charles M. Wright practices Illinois divorce and family law at Beermann LLP. Learn how Charles builds a team around the needs of a matter. When contacting Beermann because of this resource, ask for Charles Wright.