What are "Parental Responsibilities?": Defining Common Divorce Terms in Illinois

 Posted on April 11, 2025 in Child Custody

People who are beginning the divorce process or considering divorce often encounter terms they do not fully understand. Misunderstanding these terms adds unnecessary stress and confusion to an already challenging situation.

To make informed decisions, anyone facing divorce in Illinois should understand several common legal terms. Here, our Illinois divorce attorney clarifies some frequently misunderstood divorce concepts, beginning with "parental responsibilities."

Parental Responsibilities: More Than Just Custody

Illinois no longer uses the term "custody" to define how parents share responsibility for raising their children. Instead, the Court uses the term "parental responsibilities." This term includes the authority to make significant decisions about the child's upbringing, such as those regarding education, medical care, religion, and extracurricular activities. Parental responsibilities can be shared jointly or allocated primarily to one parent, depending on what the Judge believes to be in the child's best interests.

Parenting Time: Beyond Visitation

The term "visitation" has also been replaced in Illinois law. Instead, the Court refers to "parenting time," meaning the scheduled periods parents spend with their children. Parenting time schedules are carefully planned based on the children’s needs and best interests. Even when one parent has primary parental responsibilities, both parents typically receive parenting time unless the Court determines it unsafe or detrimental to the children.

Marital and Non-Marital Property

Illinois divorces involve categorizing assets as marital or non-marital property. Marital property includes most assets acquired during the marriage, regardless of whose name appears on titles or accounts. Non-marital property refers to assets one spouse owned prior to marriage, inheritances, and gifts specifically given to one spouse alone. This distinction plays a significant role in the Court’s division of assets.

Maintenance (Formerly Known as Alimony)

In Illinois, "maintenance" describes payments made from one spouse to another following divorce, previously known as alimony or spousal support. The purpose is to help the receiving spouse maintain a standard of living that is comparable to what he or she had during the marriage. Maintenance awards depend on factors such as the length of marriage and each spouse’s income, earning potential, and financial needs.

Discovery: Gathering Information

"Discovery" refers to the process of exchanging information during a divorce case. Discovery involves formally requesting and providing documents and financial records and answering questions under oath. Discovery ensures both spouses have a full understanding of financial matters, enabling fair property distribution and maintenance calculations.

Allocation Judgment: Your Parenting Plan

The "allocation judgment" is the final Court-approved agreement outlining parental responsibilities, parenting time, and other decisions involving children. This document replaces what used to be known as a "custody order." Once approved by a Judge, the allocation judgment becomes legally binding on both parents.

Modification: Adjusting Court Orders

Circumstances often change after divorce, potentially making existing parenting or support orders unsuitable. "Modification" refers to formally requesting changes to Court orders, such as altered parenting time or adjusted maintenance amounts. The party requesting a modification is required to demonstrate that there have been significant changes since the initial order was entered.

Contact a Barrington, IL Divorce Attorney for a Free Consultation

If you have further questions about parental responsibilities or other divorce-related issues, contact an Inverness, IL family lawyer at The Law Office of Nicholas W. Richardson, P.C.. We focus on making the divorce process easy to understand for our clients so they can move through the process with confidence. To schedule your initial consultation and better understand your rights and options, call 847.873.6741 today.