What Does a Divorce Lawyer Do in Illinois?

What a divorce lawyer does from the first meeting to judgment

In Illinois, divorce is called dissolution of marriage. It is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). A divorce lawyer moves your case through that law and the local court rules. The lawyer protects your interests at each step and makes sure nothing the judge must decide is left out.

That last point matters. Under 750 ILCS 5/401(b), the court cannot enter a judgment until it has considered, approved, reserved or made provision for the allocation of parental responsibilities, child support, maintenance and the division of property. Much of a lawyer's work is building the agreements and the record that cover each of those issues.

Case assessment and strategy

The first meeting is about facts, not forms. A lawyer will ask about the marriage, the children, income, debts, property and any safety concerns. From there, the lawyer can explain which issues look agreed, which are disputed and what information is still missing.

Illinois is a no-fault state. Under section 401(a), the court enters a judgment when irreconcilable differences have caused the irretrievable breakdown of the marriage. One spouse must also meet a 90-day residency rule, explained in the timelines below. You do not have to prove misconduct.

Strategy also covers what happens while the case is pending. Under section 501, either spouse can ask for temporary relief, such as temporary child support, temporary maintenance or an order restraining a spouse from transferring property. A lawyer decides with you whether to ask for that relief early.

Filing and service in Cook County

In Cook County, divorce cases are heard by the Domestic Relations Division of the Circuit Court, based at the Richard J. Daley Center, 50 W. Washington St. Filings must be made electronically, with some exemptions, and each new case is randomly assigned to a judge or judicial team. The usual steps are:

1. File the petition for dissolution of marriage through the Clerk's e-filing system. Our guide on how to file for divorce in Cook County covers this step.
2. Have the summons and petition served on the other spouse, or have that spouse file an appearance.
3. Exchange financial information and, if there are children, work toward a parenting plan.
4. Attend the court dates the assigned judge sets.
5. Resolve each issue by written agreement or by hearing, then present the final judgment.

If your spouse filed first, the work starts with the papers you were served. The lawyer files an appearance and a response on time and checks whether a temporary or emergency motion is already scheduled.

Financial disclosure and discovery

Many divorce disputes turn on numbers. Support, maintenance and property division all depend on accurate income, asset and debt information. A large share of a divorce lawyer's work is collecting, checking and organizing financial records.

Financial affidavit

Illinois uses one statewide financial affidavit form. Under section 501(a)(1), it must be supported by documents such as tax returns, pay stubs and bank statements. A party who intentionally or recklessly files an inaccurate or misleading affidavit faces significant penalties, including costs and attorney fees. In Cook County, Local Court Rules 13.3.1 (Mandatory Disclosure) and 13.3.2 (Proof of Income) also apply. A lawyer reviews your affidavit before it is filed, makes sure it matches your records and compares your spouse's affidavit against the documents they produce.

Subpoenas and interrogatories

When information is missing, a lawyer can use formal discovery: written questions answered under oath (interrogatories), requests to produce documents, depositions and subpoenas to banks, employers or other third parties. If the other side does not respond, the lawyer can ask the judge to order compliance. Our guide to discovery in an Illinois divorce explains these tools in more detail.

Negotiating parenting, support and property terms

Many divorces are resolved by agreement rather than trial. Section 502 lets spouses agree in writing on property, maintenance, child support and the allocation of parental responsibilities. The written agreement is usually called a marital settlement agreement, and parenting terms go into a parenting plan or allocation judgment.

A lawyer's role in negotiation is to make sure you understand what you are giving and getting. That includes checking support against the guidelines, separating marital from non-marital property, planning for the home and retirement accounts and drafting terms clear enough to enforce later.

Parenting issues have their own process. In Cook County, mediation is mandatory for initial decisions about the allocation of parental responsibilities unless the court finds an impediment, such as domestic violence (750 ILCS 5/602.10(c)). Family Court Services conducts child-related mediation when the parties cannot agree on a mediator. The court can also order mediation on other issues. Mediation does not replace your own lawyer's review of what you sign. Learn more about divorce mediation in Chicago.

Court appearances in the Domestic Relations Division

Even an agreed divorce has court dates. A lawyer attends them with you, or for you when the court allows, and handles what the judge needs at each one.

Case management dates

In Cook County, preliminary judges hear pretrial matters and monitor the progress of each case. Expect status dates where the judge checks whether financial disclosure is complete, whether parenting plans are on file and whether the case is ready for settlement or trial.

Zoom and in-person hearings

Some Cook County court dates are held remotely on Zoom, and others take place in person at the Daley Center. Your notice or the judge's order tells you which applies. Our Cook County Domestic Relations Zoom page collects the courtroom details the court publishes. A lawyer can tell you what to bring, how exhibits are shared and what to expect from the judge.

Timelines that shape an Illinois divorce

• 90 days of residency. One spouse must have lived in Illinois, or been stationed here in the military, for 90 days before filing or before the court's finding (section 401(a)).
• Six months apart. Living separate and apart for six continuous months before judgment creates an irrebuttable presumption of irreconcilable differences (section 401(a-5)). You do not need six months of separation to file.
• 120 days for a parenting plan. In cases with children, proposed parenting plans are due within 120 days after service or filing (section 602.10).
• Overall length. How long a divorce takes depends mostly on how many issues are disputed and how quickly financial disclosure is finished. An agreed case usually moves faster than a contested one.

What to bring to a first meeting with a divorce lawyer

• The date and place of the marriage, and any prenuptial or postnuptial agreement.
• Your children's names, ages and current schedule.
• Any court papers you were served and any existing orders, including orders of protection.
• Recent pay stubs and the last few years of tax returns.
• Recent statements for bank, retirement, investment and credit accounts.
• Mortgage, lease and vehicle loan information.
• A short list of your goals and questions. Our 25 questions for a divorce consultation can help.

Common mistakes to avoid

• Signing an agreement before you understand the support numbers or the property terms.
• Moving money, closing accounts or leaving assets off your financial affidavit. Courts can restrain transfers, and inaccurate affidavits can bring penalties.
• Missing a response deadline or a court date after being served.
• Posting about the case, your spouse or the children on social media.
• Treating a temporary order as unimportant. Temporary arrangements can shape what happens later.
• Hiring full representation for a simple task, or handling a contested case with children and significant assets alone.

When you may not need full representation

Not every divorce needs a lawyer from start to finish. Illinois Supreme Court Rule 13 allows a lawyer to make a limited scope appearance in a civil case and to withdraw once the agreed work is complete. A written agreement sets out exactly what the lawyer will and will not handle.

Limited scope and document help

At Chicago Family Attorneys, limited-scope help is a flat fee for a defined task. Drafting a motion for you to file starts at $500, and appearing for you at one hearing starts at $1,200. See limited-scope fees.

If you and your spouse agree on everything and want to handle the case yourselves, consider Self Represented Documents. It is a $399 flat fee for document preparation, attorney review of the documents and one 60-minute advice call. You handle filing, service and court dates. If you would rather have an attorney handle an agreed case, an attorney-handled uncontested divorce is a $1,500 flat fee. Court filing fees are not included.

How Chicago Family Attorneys handles divorce cases

Chicago Family Attorneys, LLC practices only Illinois family law. Managing Attorney Aaron Korson and the firm represent clients in Cook, DuPage, Will and Lake Counties from an office at 53 W. Jackson Blvd., Suite 752, in the Chicago Loop. Our Chicago divorce attorneys handle:

• Contested and uncontested divorces, from the petition or response to the final judgment.
• Financial affidavits, discovery and review of the other side's disclosures.
• Parenting plans, decision-making and parenting time.
• Child support and maintenance calculations and agreements.
• Division of property and debts, including the marital home and retirement accounts.
• Temporary relief motions and court appearances, including Zoom hearings.
• Limited-scope drafting and single-hearing appearances.

Full representation is billed as an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. Court filing fees, service costs and other outside expenses are separate. Your written agreement confirms the fee and the covered work before you engage the firm. See the divorce cost guide and the family law pricing page. No lawyer can promise how a judge will rule, and the firm does not make that promise.

Related reading: how to get a divorce in Illinois, how to choose a family lawyer in Chicago and what a child custody lawyer does.