Services: Family Law

Divorce (Dissolution of Marriage)

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At Stern Mendez in Evanston, Chicago, Lake Forest and Oak Brook, we understand that you probably never thought you would need to hire a divorce lawyer. That’s why we take our responsibility so seriously to represent you in an Illinois divorce—and to guide you in understanding the divorce process.

When a marriage breaks down or the married couple is no longer happy, sometimes the best course of action is to divorce. Technically called a dissolution of marriage, divorce is the legal process that dissolves the bonds of matrimony by unwinding the couple’s intertwined finances and affairs. It also ends the many rights acquired by way of marriage.

Divorces can grow complicated and stressful, and it’s easy to lose sight of what is actually occurring. In simple terms, the legal process of divorce covers three things:

  1. Dividing What We Have
  2. Dividing What We’re Going to Get
  3. Parenting the Children

How are divorces resolved in Illinois?

While each divorce is as unique as the spouses in a marriage, all divorce proceedings generally involve some combination of:

Some cases may also be resolved amicably.

There is no “best” method for resolving a divorce. Ultimately, the path taken to finalize a divorce depends on the level of communication between the spouses and their contested issues. At Stern Mendez in Evanston, Chicago, Lake Forest and Oak Brook, we encourage amicable divorce resolutions whenever possible—but will fight vigorously in court if needed.

Contact Our Divorce Law Firm in Evanston, Chicago, Lake Forest and Oak Brook

For cases in Chicago, the North Shore, DuPage County and surrounding suburbs, we are happy to discuss your divorce case and provide our opinion on how your case should be resolved. Contact Stern Mendez for a free consultation at any time by calling (847) 868-9584. We can meet with you in our offices in Evanston, Chicago, Lake Forest and Oak Brook, or at another location.

FAQs About Divorce

The first step in the Illinois divorce process is speaking with an experienced divorce attorney before any paperwork is filed. This helps you understand your rights, clarify your goals, and know what to expect. To file in Illinois, you or your spouse must have lived in the state for at least 90 days. From there, a Petition for Dissolution of Marriage is filed with the county circuit court. We are here to guide you through every step, starting with a free consultation.

In many cases, yes. Uncontested divorces, where both spouses agree on property, support, and parenting, can often be finalized with little or no courtroom time. Divorce mediation in Illinois is another path that keeps most of the process out of court. Even in contested cases, the vast majority of Illinois divorces are resolved through negotiation before trial. We help you understand all your options and guide you toward the resolution that fits your situation.

Illinois is not a strict 50/50 state. It follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. Courts weigh factors like the length of the marriage, each spouse’s financial situation, and contributions to the marital estate. This is why no two divorce outcomes look the same, and why having the right guidance from the start matters.

Not all assets are subject to division in an Illinois divorce. Property you owned before the marriage, inheritances, and certain gifts received during the marriage are generally considered non-marital property and are typically protected. However, if non-marital assets have been mixed together with marital funds over time, that protection can become harder to establish. Keeping clear records and working with an experienced attorney helps ensure your separate property is properly identified and preserved.

Retirement accounts, including 401(k) plans, earned during the marriage are generally considered marital property in Illinois and subject to division. Any portion earned before the marriage may be treated as separate property. Dividing retirement accounts in an Illinois divorce typically requires a legal document called a Qualified Domestic Relations Order, or QDRO, which instructs the plan administrator on how to split the account. How your retirement assets are handled depends on the full context of your marital estate, and we can help you navigate that clearly.

In Illinois, there is no minimum length of marriage required to be eligible for spousal maintenance, also known as alimony. However, the length of the marriage is one of the most significant factors courts consider when deciding whether to award maintenance and for how long. Shorter marriages typically result in shorter maintenance periods, while marriages of 20 years or more may result in indefinite support. Every situation is different, and the right guidance can help clarify what to expect. To get a general sense of what maintenance might look like in your situation, use our maintenance calculator.

Leaving the family home before your divorce is finalized can have real legal and financial consequences. It may affect your claim to the property, your parenting time arrangements, and how courts view the division of household expenses. In some situations, staying in the home makes more strategic sense. In others, leaving is the right choice for your safety or wellbeing. This is a decision best made with your attorney before you act. For a deeper look at the considerations involved, listen to our attorneys discuss this topic directly.

Unfortunately, it does happen. Illinois law requires both spouses to fully disclose their finances during a divorce, including income, assets, debts, and property. If you suspect your spouse is concealing assets, there are legal tools available to uncover them, including formal discovery, subpoenas, and in some cases forensic accounting. Courts take financial concealment seriously, and there can be real consequences for a spouse who is found to have hidden assets. If you are concerned your spouse may be controlling or withholding finances, we have written more on what you can do.

The process of divorce in Illinois unwinds the couple’s intertwined finances and affairs, including:

  • Property and Debts — When a couple marries, they create a “marital estate” under which they jointly own debts and assets acquired during the marriage. Upon divorce, the couple divides up the estate. More >
  • Taxes — After divorce, a couple can no longer file their taxes jointly—so any outstanding tax liabilities need to be addressed and resolved.
  • Attorneys’ Fees — If one spouse is unable to pay the divorce attorney’s fees, or these fees were greater than could reasonably be expected, the court may order the other spouse to contribute.

A divorce judgment will also cover what you get after the divorce:

  • Maintenance (Alimony) — A payment from one spouse to the other; it’s intended to help the recipient-spouse maintain the same standard of living had the marriage not dissolved. More >
  • Child Support and Expenses — A payment made to the parent with the majority parenting time to assist with the financial burden of raising the couple’s and expenses for living costs. More >
  • Life Insurance — A life insurance policy may be used to insure a spouse’s financial obligation extending beyond the date of divorce.
  • Health Insurance — If one spouse has been providing health insurance coverage for the family, he or she may need to provide continuing coverage under COBRA.

If a couple has children, their divorce must address the issue of parental allocation, which includes:

  • Parental Decision-Making Authority — While parents can agree to divide decision-making authority as they see fit, courts typically divide parental authority for education, religion, medical and extracurricular activities. Thus a parent can share or have sole decision-making authority for each of those four areas. More >
  • Parenting Time — Also known as visitation, parenting time is how the time each parent spends with their children is divided. More >

All divorce proceedings generally involve some combination of out-of-court negotiations, in-court litigation and mediation:

  • Negotiated Divorce Settlements — Negotiations are discussions aimed at reaching a settlement. They occur at all stages of a case and allow the parties to bypass needless conflict. More >
  • Divorce Litigation — Litigation is the process of bringing an unresolved issue before a judge and requesting a ruling. The vast majority of cases do not proceed to trial. More >
  • Attorney-Assisted Mediation — Mediation involves bringing an unresolved issue before a trained mediator to assist with the negotiation and resolution of the matter. More >

Some cases may also be resolved amicably or through a collaborative divorce. There is no “best” method for resolving a divorce. Ultimately, the path taken to finalize a divorce depends on the level of communication between the spouses and their contested issues.

For a free consultation, call Stern Mendez at (847) 868-9584 or contact us.