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Three Differences Between a Contested and Uncontested Divorce in Illinois
Understanding the type of divorce you are facing can help you prepare for what lies ahead. Broadly speaking, divorces in Illinois fall into two categories: contested and uncontested. These terms describe whether you and your spouse are in agreement about major issues such as property division, child-related matters, and support. Knowing the difference is not just a matter of legal terminology; the type of divorce you file for will determine the time, cost, and often the emotional toll of the process.
As of September 2025, Illinois divorce law continues to allow couples to dissolve their marriages either through an uncontested settlement or through contested litigation. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) governs both types of proceedings. Our Arlington Heights divorce attorney can review your situation to help you decide which type of divorce will best suit your case.
Can a Judge Order Me to Share My Pet in a Divorce?
Many divorcing couples find themselves more conflicted about their dog than about bank accounts or household furniture. A pet often feels like part of the family and is not a piece of property to be divided or negotiated over. Recognizing this, Illinois courts treat companion animals differently from other property when dividing marital assets in a divorce.
So, can a Judge order you to share your dog? The answer is yes, but you need to know that the law frames pets in divorce in terms of ownership and responsibility rather than custody.
As of August 2025, Illinois law under 750 ILCS 5/503(n) continues to allow a Judge to award either sole or joint ownership of a companion animal bought or adopted during the marriage. The Court must consider the animal’s well-being when making this decision, which means neither spouse may get exactly what they want. If you are getting divorced and feel strongly about keeping your pet with you, talk to our Mt. Prospect, IL divorce attorney to understand what your options are.
Can I Get an Annulment If the Marriage Has Not Been Consummated?
Getting married is a major decision that should not be taken lightly. However, even the most cautious individuals can find themselves in a marriage that they regret. Whether you rushed into it, felt pressured by family, or realized too late that you never really knew your partner, you might wonder if an annulment is possible instead of getting a divorce.
One common myth is that a marriage can be annulled if it has not been consummated, meaning the couple has not yet had sexual intercourse. In Illinois, this is not true. The law focuses on whether the marriage was valid to begin with — not whether the couple has had sexual relations. Our Rolling Meadows, IL annulment and divorce attorney can further explain whether annulment is an option in your case and, if not, what your options are.
What Is an Annulment in Illinois?
In Illinois, annulments are legally referred to as a "Declaration of Invalidity of Marriage" under 750 ILCS 5/301. This is not the same as a divorce. A divorce ends a valid marriage. An annulment, on the other hand, means the marriage was never legally valid in the first place.
Addressing Embryos in a Prenuptial or Postnuptial Agreement
For couples planning to grow their families through in vitro fertilization (IVF) or surrogacy, the joy of planning for children can come with complicated legal and ethical considerations. One of the most important yet often overlooked issues involves deciding what will happen to embryos in the event of divorce or death. Whether you are engaged and considering a prenuptial agreement or already married and discussing a postnuptial agreement, this delicate topic should be addressed before problems come up.
As of July 2025, Illinois law does not provide definitive answers about the disposition of embryos when couples separate. Courts will first look to any agreement signed at the fertility clinic and follow its terms. If there is another contract, such as a prenuptial or postnuptial agreement, the Court will typically enforce it.
Four Common Custody Arrangements by Age
When parents in Illinois divorce or separate, determining how to share time with their children is often the most challenging issue they face. Custody arrangements can vary widely depending on the child’s age, their developmental needs, and the family’s circumstances. Although parents are strongly encouraged to create a parenting plan that makes arrangements for decision-making (custody) and parenting time (visitation), when this is not possible, the Court can also make a plan based on the best interests of the child.
Understanding the most common custody arrangements by age can help parents set realistic expectations for a parenting plan after divorce. If you have small children and are considering divorce, our Arlington Heights, IL child custody attorney can help you negotiate a fair parenting plan that takes your children’s ages and needs into consideration.
What Happens to Medical or Law School Student Loan Debt in a Divorce?
Dividing student loan debt during divorce can be one of the most complex financial issues spouses face. Medical and law school loans often involve high balances, and figuring out who should repay them requires careful consideration of Illinois law and the facts surrounding who took out the loans, when the loans were taken out, and who benefitted from them. If you are divorcing in Illinois, working with our Mr. Prospect, IL divorce attorney to understand how Courts handle this issue can help you prepare for the process.
Are Student Loans Marital or Non-Marital Debt in Illinois?
Under Illinois law, debts incurred during the marriage are presumed to be marital, even if they are in only one spouse’s name. However, student loans can present unique circumstances compared to other types of debt, like credit cards or home mortgages.
Do We Need a Lawyer to Get an Annulment?
Under Illinois law, an annulment — officially called a declaration of invalidity of marriage — is different from a divorce. Instead of ending a valid marriage, an annulment declares that a legal marriage never existed. For couples in Rolling Meadows or Hoffman Estates who believe their marriage should never have happened under the law, annulment may be an option. However, the process is not simple, and most people benefit from speaking with an Illinois family lawyer to find out whether their situation qualifies.
When Is a Marriage Invalid Under Illinois Law?
Only certain circumstances allow a marriage to be declared invalid in Illinois. These include situations where one party was already married to someone else at the time, one or both parties were underage and did not have the ability to give proper consent, or where a party lacked mental capacity due to intoxication, coercion, or another issue. In some cases, marriages may also be invalidated if there was fraud that affected the essentials of the marriage.
Do Wealthy Parents Pay More Child Support in Illinois?
Child support in Illinois is calculated using an "income shares" model that means that both parents’ incomes are considered when determining their financial responsibility for a child. While this formula applies to all families, the numbers can shift dramatically when high-earning parents are involved. In cases involving wealthy parents, Courts can adjust basic child support guidelines to reflect the lifestyle the child is used to.
If you or your co-parent earns a high income, you need to understand how Illinois law applies in your situation and what role the Court’s discretion plays in the final support amount. An experienced Barrington, IL child support attorney can help you navigate these issues while protecting your financial and parental rights.
How Does Illinois Calculate Child Support for High-Income Parents?
Illinois uses the "income shares" formula under 750 ILCS 5/505(a). This model estimates the total cost of raising a child in a household based on both parents’ combined net income. That obligation is then divided proportionally between the parents according to their respective shares of the income.
Can I Change My Child’s Last Name After I Get Divorced?
After a divorce, parents often feel that their child’s last name no longer reflects their identity or relationship. Some want to remove their former spouse’s name altogether. Others wish to hyphenate or restore a maiden name for the child. This is especially true for parents coming out of very difficult marriages who now have full custody of their children.
In Illinois, changing a child’s last name is possible, but the process is more involved than simply requesting a form. When parents do not agree on the change, the matter often goes to Court and the outcome will depend heavily on what the Judge believes is in the child’s best interest. For more information about whether you can change your child’s name after a divorce, contact our Palatine, IL parents’ rights lawyer.
Can My Spouse Move to Another State and File for Divorce?
When a marriage breaks down, one spouse may move out — sometimes out of the county, sometimes out of Illinois entirely. If your spouse has already left or is threatening to move to another state to file for divorce, you might be worried about where the case will be heard and how much control you will have.
As of June 2025, Illinois family law still requires that certain conditions be met before someone can file for divorce in the state, and the same is true in other states. Whether or not your spouse can legally move and file elsewhere depends on a few key factors. Our Mt. Prospect, IL divorce attorney is here to help you understand how jurisdiction applies to your case.
Can Someone File for Divorce in a State They Just Moved To?
A person cannot simply move to a new state and file for divorce immediately. Every state, including Illinois, has residency requirements. In Illinois, a person must live in the state for at least 90 days before filing for divorce. Most other states have similar rules, and some are more restrictive. For example, Florida requires six months of residency before someone can initiate a divorce case there.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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