If you are a woman considering or going through a divorce in Chicago or anywhere in Cook County, know that you do not have to face this process alone. Many women, especially those who have taken on the role of stay-at-home mother, primary caregiver, or homemaker, worry about what the future will look like once the marriage ends. Whether you were managing the household, raising children full-time, or putting your career on hold to support your spouse’s success, your role matters, and the law does recognize that.
At Chicago Family Attorneys LLC, we represent women who need experienced, reliable, and focused divorce representation. Our attorneys understand the specific legal concerns women face when navigating divorce in Illinois especially when there’s a significant financial imbalance in the relationship. From protecting your parenting time and securing spousal support to ensuring a fair division of marital property, we are committed to helping you protect what matters most.
Many women are unsure of their legal standing or worry about how to move forward if they haven’t worked in years. You may be asking: Can I get custody if I’ve been a stay-at-home parent? Will my spouse have to contribute to my legal fees? What happens to the home or the retirement accounts? These are real concerns, and our team is here to answer them clearly and directly. We offer free consultations because we believe every woman should have access to trusted legal advice without financial pressure or delay.
Our women’s divorce lawyers in Chicago routinely assist mothers with young children, homemakers, and financially dependent spouses in pursuing:
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Parenting time that reflects their central role in the child’s daily life
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Temporary and long-term spousal maintenance
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Court-ordered contributions toward legal fees
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Protection of marital assets, including the family home and retirement savings
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Enforcement of their rights under Illinois equitable distribution laws
We also assist clients in preparing interim fee petitions, obtaining temporary custody orders, and requesting emergency financial relief if necessary. Our team is familiar with the Illinois Marriage and Dissolution of Marriage Act and knows how to use the legal tools available to support your financial stability and personal safety throughout the divorce process.
Whether you are initiating a divorce or responding to one, you deserve legal support that recognizes your value and fights for your future. At Chicago Family Attorneys LLC, we offer flexible payment options and cost-effective legal representation designed to help women move forward confidence and clarity.
Take the first step today by scheduling your free consultation online or by calling our office at (312) 971-2581. You have rights. We are here to protect them.
To Learn More About Illinois Divorce
How Homemakers Can Get Alimony in Illinois
One of the most common concerns for women leaving a financially unequal marriage is how to afford life after divorce. If you’ve spent years as a homemaker or stay-at-home mother, you may be entitled to spousal maintenance, often referred to as alimony in Illinois. These payments can provide the financial support necessary for you to rebuild your life, gain independence, and maintain a reasonable standard of living after separation.
In Illinois, spousal maintenance is not guaranteed, but it is available when one spouse has been financially dependent on the other, particularly in longer marriages or where one spouse sacrificed income to raise children or manage the home. Courts do not punish individuals for choosing to stay home. On the contrary, they recognize the value of homemaker contributions to the marital estate, even when those contributions were non-financial.
What Factors Determine Alimony for Homemakers?
Illinois courts use a set of statutory factors to determine whether maintenance is appropriate and, if so, how much and for how long. These factors include:
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The length of the marriage
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The standard of living established during the marriage
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Each spouse’s income, property, and earning potential
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The time needed for the recipient to become self-sufficient
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Contributions made as a homemaker or primary caregiver
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Any impairment to future earning capacity due to homemaking or child-rearing roles
Courts also use the spousal maintenance calculator in Illinois, which considers both parties’ gross incomes and the duration of the marriage, to establish a baseline for payments.
To learn more about the maintenance formula and how it may apply to your case, visit our dedicated page on Alimony and Spousal Maintenance in Chicago.
Types of Spousal Support Available
Homemakers may qualify for various forms of support under Illinois law:
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Temporary Maintenance: While the divorce is pending, courts can issue temporary support orders to help cover living expenses.
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Fixed-Term Maintenance: Support is awarded for a set number of years to help you transition into financial independence.
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Permanent or Indefinite Maintenance: In certain cases, especially long-term marriages, ongoing support may be granted without a defined end date.
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Reviewable Maintenance: Courts may allow for periodic reviews based on changing circumstances such as employment or health.
How We Help Homemakers Secure Alimony
At Chicago Family Attorneys LLC, we fight to ensure that your role as a homemaker is fully acknowledged and respected in every aspect of the divorce. We take the time to understand your full financial picture and build a compelling case that reflects your past sacrifices and future needs. Whether you are the primary caregiver for young children or have been out of the workforce for years, we work to secure the financial support you deserve under Illinois law. We also assist with:
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Preparing detailed financial affidavits
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Collecting evidence of financial dependency and household contributions
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Negotiating fair maintenance agreements
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Filing motions for interim support and temporary maintenance
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Enforcing maintenance orders if your spouse fails to pay
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Finding hidden assets
Our goal is to help you transition into the next phase of your life without unnecessary financial hardship. We understand the stress of depending on a spouse for income, especially during a legal separation. That’s why we also offer guidance on contribution to attorney’s fees through interim fee petitions under Section 501(c-1) of the Illinois Marriage and Dissolution of Marriage Act.
Take the first step today. Schedule your free consultation online and speak with a women’s divorce attorney who understands your needs as a homemaker, mother, and individual. Your contributions mattered during the marriage—they matter now. Let us help you protect your rights and your future.
Many women worry that if they didn’t earn income during the marriage, they won’t have a claim to marital property. This is a common concern for homemakers and stay-at-home mothers. But under Illinois law, that is simply not true. Your work within the home—whether raising children, maintaining the household, or supporting your spouse’s career carries real legal weight in property division.
In Illinois, courts follow the principle of equitable distribution, outlined in 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act. This means that marital property is not automatically divided 50/50 but instead in a way the court considers fair and just. One of the key factors courts must evaluate is the contribution of each party to the acquisition, preservation, or increase in value of the marital estate and that includes non-financial contributions made by a homemaker.
What Is Considered Marital Property in Illinois?
Marital property generally includes:
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The family home, even if only one spouse is on the deed
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Vehicles, furnishings, and household items
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Bank accounts and investment portfolios
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Retirement accounts and pensions accumulated during the marriage
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Businesses started or expanded during the marriage
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Any other assets acquired after the date of marriage and before a legal separation or divorce judgment
Non-marital property, on the other hand, usually refers to inheritances, gifts, or property owned prior to the marriage, unless it was commingled or significantly improved using marital funds or effort.
Valuing Homemaker Contributions
If you gave up a career to stay home, or took on the majority of parenting responsibilities, courts will factor in your unpaid labor as a significant contribution. Judges recognize that caring for children, managing a household, and supporting a spouse’s education or career are sacrifices that deserve legal recognition when dividing property.
Some factors the court will weigh include:
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Duration of the marriage
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Whether one spouse sacrificed educational or career opportunities
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The homemaker’s role in raising children and maintaining stability
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Contributions to the value of marital assets, such as renovating the home or managing a family business
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Your age, health, and ability to become self-supporting in the future
If you’re wondering, what are my rights if I didn’t work during my marriage, rest assured: Illinois courts do not ignore your role. The law recognizes that homemaker status and earning potential are critical factors in reaching a fair outcome.
Protecting Your Share of Marital Assets
At Chicago Family Attorneys LLC, we help clients:
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Identify and classify marital vs. non-marital property
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Trace contributions to assets acquired during the marriage
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Value and divide pensions, retirement accounts, and investment portfolios
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Negotiate fair buyouts or property settlements
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Protect their interest in the marital home or real estate investments
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Uncover hidden assets or financial misconduct
We use detailed financial analysis, legal discovery tools, and when necessary, expert appraisals to make sure your financial future is not left to chance. If you suspect your spouse is attempting to hide assets or undervalue property, we take swift action to protect your interests.
You do not need to have had a paycheck to have a legal voice in divorce. If you’ve contributed to your family through care, sacrifice, and stability, the law provides tools to ensure you receive a fair share. Schedule a free consultation today to learn how we can protect your rights in property division.
How Illinois Courts Divide Property for Homemakers
Can I Get Attorney’s Fees If I Don’t Work?
For many women considering divorce in Chicago and Cook County, one of the most difficult questions is how to afford a lawyer when they haven’t earned income during the marriage. This is especially true for homemakers, stay-at-home mothers, and spouses who were financially dependent for years. The fear of not being able to pay for legal representation often keeps women in unhealthy or one-sided marriages longer than they should be.
Illinois law offers a solution. Under Section 501(c-1) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(c-1)), courts can require the higher-earning spouse to contribute to the other party’s legal fees—even before the divorce is finalized. These are known as interim attorney’s fee awards, and they are designed to level the playing field when one party has access to money and the other does not.
How Interim Fee Petitions Work
An interim fee petition is a formal request submitted to the court during the divorce proceedings. It allows the party with fewer financial resources to ask the judge to order the other spouse to cover part or all of their legal costs.
The court considers several factors when evaluating a request for interim attorney’s fees, including:
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Each party’s current income, assets, and access to funds
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The standard of living established during the marriage
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Whether either spouse is controlling or restricting access to marital funds
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The cost of necessary legal services
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Whether one spouse is using their financial advantage to pressure or delay the other
In cases where a woman does not have access to marital bank accounts or property, the court may order that funds be advanced from marital assets or directly from the other spouse’s income. This is often crucial for homemakers and stay-at-home spouses who need competent legal representation but cannot afford a retainer.
Why Interim Fees Matter for Women and Homemakers
If you’re wondering, can I get attorney fees if I don’t work in a divorce?, the answer is yes—Illinois law gives you that opportunity. Courts understand that the legal process must be fair and that financial dependence should not leave one spouse powerless.
At Chicago Family Attorneys LLC, we routinely file interim fee petitions for our clients. We take the necessary steps to:
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Analyze your financial situation
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Document your spouse’s income and access to funds
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Justify the legal fees required for your case
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Present compelling evidence to the court in support of your request
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Hold your spouse accountable if they resist or delay payment
Our goal is to make sure that you have equal footing, no matter your financial background. Whether you’ve been out of the workforce for a few years or decades, you are entitled to proper legal support throughout your case.
Long-Term Fee Contributions in Divorce
Beyond interim awards, Illinois courts can also allocate attorney’s fees as part of the final divorce judgment. This means your spouse may be ordered to reimburse you for some or all of your legal costs based on the outcome of the case and the overall financial circumstances of both parties.
This is particularly important in cases involving:
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Financially controlling spouses
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Unequal division of income or property
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Uncooperative behavior or litigation delays
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Long-term homemaking roles with no current income
To read more about how fees are handled in Illinois divorce cases, visit our dedicated page on Alimony and Spousal Maintenance, which also covers related financial issues for non-working spouses.
You should never feel trapped in a marriage because you cannot afford a lawyer. At Chicago Family Attorneys LLC, we help women take control of their futures by making strong legal representation accessible. Call today or schedule your free consultation online and find out how we can fight for your rights—regardless of your financial position.
When a marriage ends, one of the most important questions for any parent is: What will happen to my children? For many mothers, especially those who have been the primary caregivers, child custody can be the most emotional and uncertain part of the divorce process. At Chicago Family Attorneys LLC, we help mothers protect their parental rights, preserve their relationship with their children, and build parenting plans that reflect the child’s best interests under Illinois law.
In Illinois, the legal terms “custody” and “visitation” have been replaced with allocation of parental responsibilities and parenting time. While the law no longer favors one parent over the other based solely on gender, courts do pay close attention to the role each parent has played in the child’s life. This is especially significant for mothers of young children, stay-at-home moms, and those who have been the primary caregivers.
Do Mothers Automatically Get Custody in Illinois?
No. Illinois courts are required to make custody decisions based on what is in the best interests of the child, as defined in 750 ILCS 5/602.7. That said, the court will carefully evaluate who has been most involved in the child’s daily care, education, health, and emotional well-being.
If you have been the parent:
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Preparing meals and maintaining a consistent routine
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Taking the child to school, medical appointments, and activities
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Supporting their development emotionally and physically
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Providing a stable, safe, and nurturing environment
Then your role as a primary caregiver carries significant legal weight in determining how parenting time and decision-making will be allocated.
Child Custody and Parenting Time for Mothers in Illinois
When a marriage ends, one of the most important questions for any parent is: What will happen to my children? For many mothers, especially those who have been the primary caregivers, child custody can be the most emotional and uncertain part of the divorce process. At Chicago Family Attorneys LLC, we help mothers protect their parental rights, preserve their relationship with their children, and build parenting plans that reflect the child’s best interests under Illinois law.
In Illinois, the legal terms “custody” and “visitation” have been replaced with allocation of parental responsibilities and parenting time. While the law no longer favors one parent over the other based solely on gender, courts do pay close attention to the role each parent has played in the child’s life. This is especially significant for mothers of young children, stay-at-home moms, and those who have been the primary caregivers.
Do Mothers Automatically Get Custody in Illinois?
No. Illinois courts are required to make custody decisions based on what is in the best interests of the child, as defined in 750 ILCS 5/602.7. That said, the court will carefully evaluate who has been most involved in the child’s daily care, education, health, and emotional well-being.
If you have been the parent:
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Preparing meals and maintaining a consistent routine
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Taking the child to school, medical appointments, and activities
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Supporting their development emotionally and physically
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Providing a stable, safe, and nurturing environment
Then your role as a primary caregiver carries significant legal weight in determining how parenting time and decision-making will be allocated.
What Is Parenting Time in Illinois?
Parenting time refers to the schedule that dictates when each parent will be with the child. This includes weekdays, weekends, holidays, school breaks, and summer vacation. Courts aim to create a balanced parenting plan that supports the child’s development and stability, but they also recognize the importance of maintaining continuity with the parent who has been most involved in the child’s upbringing.
Mothers can seek:
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A majority parenting time arrangement, where the child resides primarily with them
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Shared parenting time with equal or near-equal schedules
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Sole decision-making authority in key areas like education and healthcare
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Customized parenting plans for children with special needs or complex schedules
Custody Challenges Unique to Mothers
We understand that mothers may face unique challenges in child custody cases, including:
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False allegations of parental alienation or emotional instability
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Conflicts over relocation, especially if moving is necessary for work or safety
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Involvement of DCFS investigations, even if unfounded
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Situations where the other parent seeks to minimize your role
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Concerns about domestic violence or coercive control
At Chicago Family Attorneys LLC, we are deeply experienced in defending mother’s rights in Chicago custody cases, including emergency custody motions, orders of protection, and contested parenting allocations. We work with you to build a case that highlights your strengths, your bond with your children, and your ability to provide a stable environment.
Does Being a Stay-at-Home Mom Help in Custody Cases?
In many cases, yes. If you’ve made the choice to stay home to care for your children, that decision shows a deep commitment to their well-being. Courts will consider the strength of that bond, your caregiving history, and the emotional impact of separating the child from their primary parent. While no outcome is guaranteed, mothers who have played a central role in daily caregiving often have a strong foundation for seeking majority parenting time or decision-making rights.
To read more about custody laws and how they apply to mothers, you can also visit our related guide on Mother’s Rights in Chicago Custody Cases.
If you are a mother facing a custody battle, the most important step you can take is to speak with an attorney who understands how Illinois courts evaluate parenting roles and responsibilities. Schedule your free consultation by booking an appointment online with our team today to protect your relationship with your children and create a parenting plan that reflects your vital role in their lives.
How to Afford a Divorce Attorney Without Income
One of the most common barriers women face when considering divorce is the cost of hiring an attorney. This fear is especially real for stay-at-home moms, homemakers, and financially dependent spouses who may not have had access to income or family finances during the marriage. But lack of income does not mean you are without options. Under Illinois law, there are mechanisms that can help ensure you receive the legal support you need—even if you have no financial resources of your own.
At Chicago Family Attorneys LLC, we believe every woman deserves skilled legal representation, regardless of her current financial situation. We offer free consultations, affordable divorce services, and help clients pursue court-ordered contributions from their spouse when appropriate. You do not have to stay in an unhealthy marriage simply because you feel trapped financially.
Does My Husband Have to Pay My Legal Fees in Illinois?
In many cases, yes. Illinois law recognizes that in marriages where one spouse controls the finances, the other may be unfairly disadvantaged during divorce. That’s why the Illinois Marriage and Dissolution of Marriage Act, under 750 ILCS 5/501(c-1), allows courts to order the higher-earning spouse to contribute to legal fees through what’s called an interim attorney’s fee award.
If you have no income or limited access to marital funds, the court can:
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Require your spouse to pay a portion—or all—of your attorney’s fees
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Direct funds from marital accounts or property toward your legal costs
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Prevent your spouse from using financial control to delay or pressure you
This legal tool is especially helpful for non-working spouses, homemakers, and women in marriages where financial access has been restricted.
Other Ways We Help Women Access Legal Representation
Our firm takes a proactive and creative approach to helping clients afford divorce representation, including:
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Flexible payment plans based on your circumstances
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Flat-fee divorce options for uncontested or limited-scope matters
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Assistance filing interim fee petitions when appropriate
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Referrals to court-based legal aid or low-cost mediation when needed
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Identifying and preserving marital funds that can be used for your case
We are also skilled in identifying financial misconduct such as hidden assets, sudden depletion of accounts, or excessive spending by one spouse and bringing these matters before the court to secure emergency financial protections.
Why Acting Early Can Protect Your Rights
Delaying action out of fear of cost can sometimes lead to unfavorable outcomes. The sooner you speak with an attorney, the sooner we can help you:
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Protect your rights to marital property
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Request temporary maintenance or support orders
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Prevent your spouse from draining assets or hiding income
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Establish temporary custody or parenting arrangements
We understand the fear and stress that come with financial dependence. That is why we offer every prospective client a free, confidential consultation to explain your rights, outline potential strategies, and discuss the best way forward without any pressure or obligation.
Why Choose Chicago Family Attorneys LLC to Protect Your Rights in Divorce
When your future, your children, and your financial security are at stake, the attorney you choose matters. At Chicago Family Attorneys LLC, we don’t just handle divorce cases—we advocate for women who need strong, strategic, and compassionate representation. Whether you are a stay-at-home mother, a homemaker with no income, or a working woman navigating custody and property division, we are here to help you take control of your life and protect what matters most.
We are known throughout Chicago and Cook County for our ability to:
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Fight for fair spousal support and parenting time
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Help clients secure attorney’s fees when they cannot afford representation
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Protect homemakers’ rights to marital assets and retirement accounts
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Craft parenting plans that reflect the child’s best interests and stability
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Offer free consultations and flexible payment options tailored to your situation
We understand that divorce is not just a legal process—it’s a personal transition. You deserve a legal team that listens, prepares, and fights for you with skill and integrity. We are proud to represent women at every stage of life, and we are ready to help you move forward with clarity and confidence.
Schedule your free consultation today online or book an appointment by calling (312) 971-2581. Let’s discuss your rights, your options, and how we can help you protect your future.
Frequently Asked Questions About Women’s Rights in Divorce
What are my legal rights as a homemaker in a divorce?
Homemakers in Illinois have the right to seek spousal maintenance, a fair share of marital property, and contributions to attorney’s fees, even if they did not earn income during the marriage. Courts recognize the value of unpaid labor in the home, including childcare, household management, and emotional support. Under Illinois law, your contributions matter financial or not.
Can I get spousal support if I’ve never worked?
Yes. If you were financially dependent on your spouse, Illinois courts can award temporary or long-term spousal maintenance based on factors like the length of the marriage, your future earning potential, and the standard of living established during the relationship. Use of the spousal maintenance calculator in Illinois also plays a role in determining support amounts.
Does the court divide assets equally in Illinois?
Illinois follows equitable distribution, not equal division. This means the court divides marital property in a way that is fair, considering each spouse’s contributions, both financial and non-financial. Your role as a homemaker or primary caregiver is a key factor in determining what share of the assets you may receive.
Can my spouse be ordered to pay my legal fees?
Yes. Under 750 ILCS 5/501(c-1), you may request interim attorney’s fees if your spouse has greater access to money or controls the marital finances. The court can order your spouse to contribute to your legal representation to ensure you are not at a disadvantage during the divorce process.
How can I afford a lawyer if I didn’t earn income?
At Chicago Family Attorneys LLC, we help clients pursue court-ordered fee contributions, offer flexible payment plans, and provide free consultations so that you can take the first step without financial pressure. You may also qualify for interim maintenance while your case is pending.
What happens to the marital home if I didn’t contribute financially?
If the home was acquired during the marriage, it is typically considered marital property. You may be entitled to equity or continued residence in the home, especially if you are the primary caregiver for the children. Your non-financial contributions to the household are considered in property division.
Do mothers automatically get custody in Illinois?
No. Illinois law does not presume one parent is better suited than the other. However, courts often award majority parenting time and decision-making responsibilities to the parent who has historically been the child’s primary caregiver. This means stay-at-home mothers may have a strong case for majority custody or sole allocation of parental responsibilities.
What does “equitable distribution” mean in a divorce?
Equitable distribution means dividing marital property based on fairness, not necessarily 50/50. Courts consider income, length of the marriage, each party’s needs, and each spouse’s contributions—including homemaking and caregiving roles, when deciding how to divide assets.
Can a stay-at-home mom get full custody?
Yes, if it is in the best interests of the child. Courts will look at your parenting history, the child’s needs, and the stability you provide. Full custody may be awarded when the other parent is uninvolved, unstable, or presents risks to the child’s well-being.
What are the steps to request temporary maintenance in Illinois?
You must file a petition for temporary maintenance along with your divorce pleadings. The court may use the Illinois maintenance formula to determine the appropriate amount. Temporary support can cover your living expenses while the case is ongoing and may also include interim contributions to attorney’s fees.
Contact Our Top Divorce Lawyers
53 W. Jackson Blvd.,
Chicago, IL 60604