Going to Family Court? Start Here: A basic framework to help you understand what family court does.

For Divorces

The divorce can be initiated in the county where either spouse resides.

Grounds for divorce are ‘irreconcilable differences’ as Illinois is a ‘no fault’ state.

Division of Marital Property: Property acquired by either spouse during the course of

the marriage (subject to certain limited exceptions) is presumed ‘marital.’ Marital

property must be divided between the spouses. This includes assets like real estate and

retirement savings, as well as debts like personal loans and credit cards.

The court’s job is to make an “equitable” division of the marital estate to adequately

provide for both spouses post-divorce.

Parties can work out their own settlement as to how they like to split up their estate to

save time and money. Any aspect that cannot be negotiated, will be determined by the

court based on the facts and the law.

Spousal Support: Called ‘Maintenance,’ this could be appropriate where there exists a

large disparity between the earnings of the parties such that the spouse making less will

struggle to support themselves absent contribution from the spouse making more.

The amount and duration of the spousal support are determined by the incomes of the

parties (or income potentials) and the length of the marriage.

The parties can negotiate maintenance or go with the amount called for under the law

by using the statutory calculation.

For Paternity/Parentage Actions and Divorces with

Children:

Paternity of a child can be established by 1) marital presumption 2) DNA testing and

Admission of Paternity or 3) a signed “Voluntary Acknowledgement of Paternity”

(typically done at the time of birth in addition to the birth certificate).

After establishing paternity, the court will allocate parental rights and responsibilities.

These are decision-making authority and parenting time.

Decision-making authority is largely either “joint” (equal say for both parents) or “sole”

(one parent decides after consulting with the other). Decision-making is limited to long-

term decisions concerning the child’s healthcare, education, extracurricular activities,

and religious upbringing. Day-to-day decisions are made by the parent with physical

possession of the child. One parent’s residence will also be deemed ‘primary’ for the purpose of enrolling the child in school.

Parenting time is usually either 1) every other weekend or 2) 50/50. While these are

usually the norm, parents can fashion any schedule they like.

Here, again, the parties can save time and money by negotiating an agreement but

anything that cannot be negotiated will be determined by the court based on the

children’s ‘best interests.’

Child support can be negotiated between the parties, but the law requires judges to

presume that the amount called for under the law serves the child’s best interest. For

this reason, the amount called for under the law will be ordered most of the time. Child

support is based largely on the incomes of the parties, number of children, and the

amount overnights each parent has with the children. Child support is significantly

reduced if the supporting parent has 146 overnights or more with the minor children.

That amounts to roughly 3 out of every 7 overnights.

Lawyers are critical to advocate for your interests by negotiating agreements, drafting

contracts, and presenting arguments to the court.

A lawyer’s knowledge of the facts and law applicable to your case creates leverage to

negotiate a more favorable settlement. Lawyers draft documents with skill and precision

to provide you enforceable rights and relief – giving effect to your desired outcome.

Lawyers communicate critical facts and information to the court combined with

knowledge of the law to persuade the judge to rule in your favor. Finally, lawyers have

spent years mastering complicated rules of evidence to understand how to present

exhibits and testimony to make your case at trial.

I hope this helps as a broad framework for a basic understanding of what lies ahead for

you in family court. Contact our office for a free, in-depth consultation to find out how we

can help you with your case.