Brandenburg & Rees handles divorce and family matters in the circuit courts of Macoupin, Montgomery, Sangamon, and surrounding counties. Both partners practice in this area, and both understand that the goal is a workable result for your family, reached as efficiently as the other side allows.
Divorce in Illinois
- No-fault. Illinois grants divorce on the ground of irreconcilable differences. No one has to prove wrongdoing, and living apart for six months creates a presumption that the ground is met.
- Equitable distribution. Marital property is divided fairly, which is not always equally. The court weighs the length of the marriage, each spouse's contributions, including as a homemaker, and each spouse's financial circumstances. Property owned before the marriage or received by gift or inheritance is generally non-marital.
- Maintenance. Formerly called alimony, maintenance is awarded based on factors including income, need, the length of the marriage, and the standard of living. For most couples, Illinois uses statutory guidelines to calculate the amount and duration.
- Retirement accounts. Pensions and 401(k)s earned during the marriage are marital property and are divided by a Qualified Domestic Relations Order.
Children
- Parenting time and decision-making are the Illinois terms for custody and visitation. Courts allocate both according to the child's best interests, considering the child's needs, each parent's ability to meet them, and the child's relationship with each parent. Parents are encouraged to submit an agreed parenting plan.
- Child support is calculated under an income-shares model that considers both parents' incomes and the parenting time schedule.
- Modification. Support and parenting orders can be modified when circumstances change substantially, such as a job loss, relocation, or a change in the child's needs.
- Parentage. We establish legal parentage for unmarried parents so that support and parenting time can be ordered.
Guardianship and adoption
We represent grandparents and other relatives seeking guardianship of minors, families completing stepparent and relative adoptions, and adults seeking guardianship of an incapacitated family member. These cases often move through the probate division and have their own procedures and notice requirements.
Orders of protection
We represent both petitioners seeking protection and respondents defending against an order, which can carry serious consequences for housing, firearm rights, and parenting time.
Common questions
What are the grounds for divorce in Illinois?
Illinois is a no-fault state. The only ground is irreconcilable differences. There is no need to prove wrongdoing by either spouse.
How long do I need to be separated before filing?
There is no required separation period to file. Living separate and apart for six months creates an irrebuttable presumption that irreconcilable differences exist, but a divorce can proceed sooner by agreement.
How is property divided?
Illinois uses equitable distribution. Marital property is divided fairly, considering the length of the marriage, each spouse's contributions, and each spouse's financial situation. Fair does not always mean equal.
How is child custody decided?
Illinois allocates parenting time and decision-making responsibility according to the child's best interests. Courts strongly prefer an agreed parenting plan and consider the child's needs, each parent's ability to meet them, and the child's relationship with each parent.
How long does a divorce take?
An uncontested divorce can be finished in a few months. Contested cases involving significant assets or disputes over children commonly take a year or more.
Can I get divorced if my spouse does not want to?
Yes. Once one spouse files, the case proceeds regardless of the other spouse's wishes.
Who pays the legal fees?
Each party generally pays their own, but the court can order one spouse to contribute to the other's fees when there is a significant disparity in resources.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.