Choosing the right divorce attorney can shape the outcome of your case and impact your life for years to come. Divorce in Illinois involves more than just ending a marriage—it requires decisions about parenting time, property division, support, and long-term financial planning. At Gordon & Perlut, LLC, we believe you should feel informed and confident when hiring an attorney. Knowing the right questions to ask can help you find legal counsel who understands your needs and fights for your best interests under Illinois law.
Illinois divorce law is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). This statute outlines how courts handle divorce, custody (now referred to as allocation of parental responsibilities), child support, maintenance, and property division. These are not one-size-fits-all matters, which is why it’s so important to have a lawyer who knows how to tailor a strategy to your goals and your family’s needs.
This question helps you determine whether the attorney spends most of their time handling divorce-related matters. Illinois divorce cases involve specific statutes and evolving case law. You want someone who is deeply familiar with the courts, judges, and procedures in your area.
Illinois courts no longer use the term “custody.” Instead, courts allocate parenting time and significant decision-making responsibilities under 750 ILCS 5/602.5 and 750 ILCS 5/602.7. Be sure to ask how the attorney works with clients to create or contest parenting plans, especially when disagreements arise.
Some attorneys are aggressive litigators, while others focus on negotiation and resolution. Ask if they try to resolve cases through mediation or collaborative law and how they handle situations that escalate to trial. Knowing their strategy can help you choose someone who matches your style and goals.
Illinois follows an “equitable distribution” model under 750 ILCS 5/503, which means marital property is divided fairly, but not necessarily equally. Ask how the attorney evaluates and classifies assets, especially in cases involving businesses, retirement accounts, or real estate.
Divorce can be stressful and emotionally charged. Clear communication matters. Ask how often the attorney updates clients, whether you’ll be working directly with them, and how responsive they are to emails or calls. You want to know that you won’t be left in the dark.
Legal fees are an important consideration. Ask how the attorney bills—whether it’s hourly or flat-rate—and what you can expect in terms of retainers, court costs, and other expenses. Transparency from the start helps you plan ahead and avoid surprises.
Every case is different, but most uncontested divorces can be completed in a few months. Contested cases with disputes over parenting time, property, or support can take much longer, sometimes a year or more. Courts in Cook County and other areas may also have scheduling delays that affect timelines.
No. Illinois is a no-fault divorce state, meaning that one party can file based on irreconcilable differences under 750 ILCS 5/401. The court can proceed with the divorce even if the other spouse does not agree, although cooperation may make the process smoother.
Illinois uses an “income shares” model based on both parents’ incomes and the number of overnights each parent has with the child. The guidelines are found in 750 ILCS 5/505. Courts can deviate from the formula in some cases, but only for a valid reason.
If you suspect financial misconduct, your attorney can request formal discovery, subpoenas, or forensic accountants to uncover hidden assets. Courts do not tolerate deceptive conduct and may penalize a party who tries to hide or undervalue marital property.
Not without court approval. Under 750 ILCS 5/609.2, a parent must seek permission from the court if the move exceeds a certain distance. The court will assess whether the relocation is in the child’s best interests and consider both parents’ involvement.
That depends. If the house is marital property, the court can order it sold or awarded to one spouse with a buyout. The decision is based on equity, financial stability, and the overall division of assets. Your attorney will help assess your best option.
Whether you file first or not, you still have the right to a fair outcome. If you’re served with papers, contact an attorney immediately to protect your interests and file your response on time. You may also seek temporary orders to address immediate needs.
If both parties agree on all terms—parenting time, support, property, and debts—you can file an uncontested divorce. Courts will still review the agreement for fairness, especially when children are involved. An attorney can help ensure everything is properly drafted and enforceable.
In most cases, at least one appearance is required for the final hearing. If the divorce is uncontested, the hearing is brief. Contested cases with unresolved issues will likely involve multiple court dates. Your attorney will prepare you for what to expect.
A good attorney listens, communicates clearly, and explains the law in a way you understand. You should feel confident in their ability to represent you and guide you through the process. Don’t hesitate to meet with more than one attorney before deciding.
At Gordon & Perlut, LLC, we know that choosing a divorce attorney is a serious decision. We take the time to understand your concerns, explain your rights under Illinois law, and develop a clear strategy for your case. Whether you’re just considering divorce or are already in the middle of it, we’re here to help.
Contact our Chicago divorce attorney at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients across all of Illinois and are ready to help you protect your future.