Divorce FAQs

What is the difference between a divorce and a legal separation?

Unlike divorce, a legal separation does not put an end to the

What is the difference between a divorce and an annulment?

While many people see divorce and annulment as two different words

What are the residency requirements for obtaining a divorce in Illinois?

Under section 750 ILCS 5/104, an Illinois court shall enter a

What are the reasons that someone can allege to file for a divorce in Illinois?

Grounds for divorce are:

What is required for a “no fault” divorce in Illinois?

To file a divorce under the grounds of "no fault" (irreconcilable

Must a couple wait two years before the divorce is finalized?

If the spouses have lived separate and apart for a continuous

What are some common issues that arise in a divorce proceeding?

The most common issues in a divorce proceeding are child custody,

How long does it take to get a divorce?

Each divorce matter is unique and has its own set of issues; as a

What are the factors that a court will consider when deciding custody of a child?

Illinois, like many other jurisdictions, uses “the best interest”

What is the difference between “sole” custody and “joint” custody?

Sole custody grants one parent the legal right and responsibility

What is residential custody and how is visitation for a non-residential parent established?

A parent who is awarded “residential custody” is the parent with

How is child support calculated?

Pursuant to Illinois law, child support is calculated based on the

What is maintenance?

Maintenance is financial support provided to a spouse in a divorce

What are the factors that a court will consider when awarding maintenance to a spouse?

In determining whether a spouse is to receive an award of

How are property and debts divided in a divorce?

In Illinois, each spouse is awarded his/her non-marital assets and

What if all marital property acquired during the marriage is in the name of one spouse only? Does that make that property non-marital?

Generally, the answer would be “no.” Under section 750 ILCS

Is a spouse entitled to receive a portion of my retirement savings or plan even if the plan or savings was started before the marriage?

Yes. A spouse will be entitled to a portion of any retirement

Does a spouse’s social security benefit become divided in a divorce proceeding?

The short answer is “no.” Social security benefits are federally

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