Question 1

What is an uncontested divorce?

Accepted Answer

An uncontested divorce is one where both spouses reach agreement on all major issues before involving lawyers. This typically includes how to divide property and debts, where the children will live, parenting time schedules, decision-making authority for the children, how to share child-related expenses, who will maintain health insurance for the children, child support, and whether maintenance (alimony) will be paid, including the amount and duration. In these cases, attorneys prepare formal settlement documents that are submitted to the court without litigation, often making the process faster and less expensive. Because these agreements have long-term consequences, they should be drafted and reviewed by an experienced family law attorney before being signed.

Question 2

What is the difference between marital and non-marital property?

Accepted Answer

In Illinois, marital property generally includes assets and debts acquired by either spouse after the date of the marriage, except for property received by gift or inheritance. Property owned before the marriage, or acquired during the marriage by gift or inheritance, is usually considered non-marital. The distinction matters because the court divides marital property between the spouses in just proportions during a divorce, but non-marital property is set aside to the spouse who owns it. There are many exceptions and court decisions interpreting these rules, so it is important to consult an attorney to evaluate what is likely to be treated as marital or non-marital in your case.

Question 3

Do I need to live in a separate residence from my spouse for six months to file for divorce?

Accepted Answer

No. Under Illinois law, you do not have to live in a separate residence from your spouse for six months before filing for divorce. A divorce can be granted if irreconcilable differences have caused an irretrievable breakdown of the marriage. If the spouses have lived separate and apart for at least six months, the law presumes that irreconcilable differences exist, but that separation period is not a strict requirement for filing or obtaining a divorce.

Question 4

What if I can’t find my spouse? Can I still get divorced?

Accepted Answer

Yes, you can still obtain a divorce even if you do not know where your spouse is. If your spouse cannot be located, the court may allow you to provide notice of the case by publishing a legal notice in a local newspaper and, in some situations, by sending notice to their last known address. However, if your spouse is not personally served and does not actually receive notice, the court will generally lack personal jurisdiction over them, which means it cannot fully resolve financial issues such as property division, child support, or maintenance. Because this can leave important matters unresolved, you should make every good faith effort to locate your spouse, which may include hiring a private investigator, so proper notice can be given.

Question 5

I have sole custody. Can I move out of state with my child?

Accepted Answer

Under Illinois law, moving with a child is treated as relocation and is subject to specific distance rules. If the child’s primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, you generally do not need the other parent’s consent or a court order to move less than 25 miles from the current residence, even if that move crosses state lines. If the proposed move is more than 25 miles from the child’s primary residence in those counties, you must either obtain the other parent’s written consent or file a petition and get court approval for the relocation. The court will consider the child’s best interests and the requirements of the Illinois Marriage and Dissolution of Marriage Act before allowing the move.

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