Committed To Justice
Chicago Divorce Lawyer
Divorce, Parenting Time & Complex Asset Division
LaRocque Law is a West Loop Chicago family law firm handling contested divorce, uncontested divorce, allocation of parental responsibilities, parenting time, and post-decree modifications for clients throughout Cook, DuPage, and Will Counties. Every case is built around a clear strategy from the first conversation, not a reaction to whatever the other side files next. Rebecca LaRocque has focused on Illinois family law for her entire legal career, and she's involved in every case the firm takes, alongside our other attorneys and support team.
If you're preparing to file, responding to a divorce you didn't see coming, or trying to get an outdated parenting order changed to match your actual life, the first conversation should give you a straight answer about where you stand.
Illinois requires one spouse to have lived in the state (or been stationed here in the military) for at least 90 days — and that 90-day period has to be satisfied before the court can finalize the judgment, not just before you file. (750 ILCS 5/401)
Every divorce is granted on the basis of "irreconcilable differences." If the spouses have lived separate and apart for at least six months before the judgment is entered, Illinois law treats that requirement as met. There is no need to prove fault or assign blame.
If you have children or either spouse is seeking support, the court generally can't finalize the case while leaving parenting time, allocation of parental responsibilities, or child support undecided. Those issues have to be resolved or formally addressed before judgment enters.
Illinois divides marital property in "just proportions" (equitable, not necessarily equal) weighing factors like the length of the marriage, each spouse's economic circumstances, and contributions to the marital estate. (750 ILCS 5/503)
It's determined by where you or your spouse actually live, not where you got married or where your kids attend school. Cook, DuPage, and Will County each run their own court system, with Cook County alone operating five suburban courthouses in addition to the Daley Center downtown.
Why Chicago-Area Divorces Need Local Court Knowledge
Cook County
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The Geography: Depending on your zip code, you’ll end up at the Daley Center downtown or one of five suburban courthouses (Skokie, Rolling Meadows, Maywood, Bridgeview, or Markham). If parents live in different districts, expect some venue shuffling that can change your judge and your strategy.
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The Mandatory Hurdles: If kids are involved, mediation is not optional. Under local Rule 13.4, you must go through court-provided mediation (which is free, confidential, and usually capped at two sessions) before you can fight it out in front of a judge. You’ll also have to take a parenting class early on—a surprise step for couples who assume they’ll "just figure it out."
DuPage & Will Counties
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DuPage County: Logistically simpler than Cook. Every single domestic relations case is handled at the main courthouse in Wheaton. There is no suburban split, though local rules and judge assignments still carry major weight.
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Will County: Everything runs through the courthouse in Joliet, which operates on its own distinct timeline and courtroom culture.
Choose the path that fits your situation
Types of Divorce Representation We Handle
Contested Divorce
A contested divorce is one where spouses disagree on at least one major issue — property division, parenting time, allocation of parental responsibilities, spousal maintenance, or a disputed or hidden asset — and the case proceeds through discovery, negotiation, and potentially trial until those issues are resolved.
Best for: Spouses facing disagreement on finances, parenting, or both — especially where the other side has already retained counsel or filed first.
Consider: The first 30 days often set the trajectory of the whole case. Temporary orders entered early — on finances, the marital home, or parenting time — can be difficult to unwind later and tend to influence the final outcome more than people expect.
Uncontested Divorce
An uncontested divorce is one where both spouses agree on every issue the court has to resolve — property and debt division, maintenance, and, if there are children, parenting time and allocation of parental responsibilities — before the petition is filed.
Best for: Couples who've already worked out the substance of their split and need it documented correctly and made enforceable.
Consider: Agreeing "in principle" and having a legally complete settlement agreement aren't the same thing. Gaps around retirement account division, relocation, or health insurance are the most common source of expensive disputes years after the divorce is final.
Divorce Involving Complex or High-Value Assets
A divorce involving complex assets requires identifying, valuing, and dividing property that isn't a simple account balance — closely held businesses, professional practices, equity compensation, multiple real estate holdings, or retirement accounts with unusual terms.
Best for: Business owners, professionals, and spouses where a significant share of marital wealth can't be reduced to a number without outside experience.
Consider: Complex-asset cases can proceed on either a contested or uncontested track — the complexity is about what's being divided, not automatically how much conflict exists between the spouses.
Post-Decree Modification
A post-decree modification changes an existing divorce judgment — parenting time, allocation of parental responsibilities, spousal maintenance, or child support — when circumstances have changed substantially since the original order was entered.
Best for: Anyone whose life no longer matches what the original order assumed — a job change, a relocation, remarriage, or a child's changing needs.
Consider: Illinois generally won't modify an allocation judgment within two years of the original order unless there's a serious safety concern, and most modifications still require proving a substantial change in circumstances — not simply a change in preference.
What is best for you
Which Type of Divorce Representation Fits Your Situation?
If You Need | Consider | Why |
|---|---|---|
Immediate protection for a child, finances, or the marital home | Emergency motion / temporary relief | The court can act before the underlying case is fully resolved |
To change terms after circumstances shifted | Post-decree modification | The original order stays enforceable until a court changes it — informal agreements between former spouses aren't enough |
To value and divide a business, retirement account, or real estate portfolio | Complex asset representation | Valuation has to happen before a fair number exists to negotiate around, regardless of conflict level |
Resolution where at least one major issue is disputed | Contested divorce process | Requires discovery and negotiation on the disputed issue(s); other issues can still be resolved by agreement alongside it |
Both spouses to agree on property, support, and parenting | Uncontested divorce | Fastest, least expensive path — but still requires a legally complete settlement agreement |
Starting your Process
How to Start Working With LaRocque Law
01
Schedule an intro call
Book a short initial consultation online. You'll talk directly about what's happening in your situation and what outcome you're trying to reach.
02
Share your full picture before your spouse's attorney does
Before anything gets filed, the firm needs to understand what assets exist, what the income situation looks like, what the parenting arrangement has actually been, and what matters most to you.
03
Review a strategy and engagement agreement
Based on your intake, you'll receive a plan built around your specific goals along with a written engagement agreement outlining the billing structure and what to expect.
04
Filing or response begins
Once you've engaged the firm, the case formally starts: initial filing and service if you're filing first, or a timely, prepared response if you've already been served, with immediate attention to any deadlines already running.
The Strategic Roadmap
What Happens After Your Case Is Filed
Both sides exchange financial disclosures and documentation. This is also where issues like undervalued assets or the need for a business valuation typically surface.
A divorce-focused law firm in Chicago
Why Clients Choose LaRocque Law
Rebecca has spent her legal career focused on family law, and she's involved in every case the firm handles, alongside our other attorneys and support team. The approach is structured and preparation-driven: every case gets a clear strategy at intake, direct communication throughout, and a plan for resolution or court.
Local experience
Where LaRocque Law Serves Clients in the Chicago Area
LaRocque Law's office is based in Chicago's West Loop and represents clients throughout Cook, DuPage, and Will County.
Frequently asked questions about divorce in Chicago
What affects the cost of a divorce in Chicago?
Cost tracks the number of disputed issues, because each one needs its own discovery, negotiation, and potentially a hearing. It rises with financial complexity, because a business, an unusual retirement account, or a real estate portfolio needs a valuation before a settlement number even exists. It rises when spouses do not cooperate, because attorney hours are driven by motions, hearings, and negotiation cycles. A Guardian ad Litem or a parenting evaluation adds separate fees, typically split between the parties. Court filing fees apply regardless and are the smallest part of the total.
An uncontested divorce with a complete agreement costs a fraction of a contested one, and a contested case involving business valuation, forensic accounting, or a trial sits at the top of the range. We quote after the consultation, once we know which of these apply to you.
How much does a divorce cost in Chicago?
It depends almost entirely on how much is disputed. A genuinely agreed divorce in Cook County costs a few thousand dollars in attorney fees plus court filing fees, and we can handle one on a flat fee if you prefer certainty. Contested divorces cost more because fees follow the hours worked, and cases with parenting disputes, business valuation, or extended discovery cost several times what an agreed case does. We bill hourly against a retainer and quote it at the consultation. Our post on how much a divorce actually costs in Illinois goes into detail.
How long does a divorce take in Illinois?
An uncontested Cook County divorce with a complete settlement agreement can finalize within 4 to 8 weeks of filing once all documents are ready, including roughly 3 to 4 weeks to get a prove-up hearing scheduled. Contested divorces take substantially longer, typically 12 to 24 months, and cases that go to trial or involve complex assets can run beyond that.
Consultation and assessment: an initial conversation is typically scheduled within days. A full strategy discussion follows once you have hired us and shared your financial and family picture.
Filing and residency: you can file at any time, but the court cannot enter a judgment until one spouse has lived in Illinois for at least 90 days.
Uncontested cases: once both spouses sign a complete settlement agreement (and parenting plan, if applicable), the case moves at the pace of the court's calendar. In Cook County, that is typically 3 to 4 weeks to get a prove-up hearing scheduled once the paperwork is complete, and in some represented, uncontested cases, parties can prove up by affidavit without appearing at all.
Contested cases: 12 to 24 months is typical, driven by discovery, mandatory mediation on any contested parenting issue, and court scheduling. Contested parenting matters specifically are subject to an Illinois Supreme Court time standard expecting resolution within about 18 months of service, absent good cause for delay.
Post-decree matters: an uncontested modification, where the other party agrees, can resolve within weeks. A contested modification requiring a hearing can take several months.
Can I get divorced in Illinois if my spouse doesn't agree?
Yes. Illinois is a no-fault state, and a spouse's refusal does not prevent a divorce. It makes the case contested rather than uncontested. A court can grant a dissolution based on irreconcilable differences even over one spouse's objection. The disagreement affects the process and timeline, not whether the divorce can happen.
What's the difference between divorce and legal separation in Illinois?
A legal separation formalizes support and living arrangements without ending the marriage, while a divorce (dissolution of marriage) legally ends it. Legal separation is used far less often in Illinois than in some states, largely because it does not resolve property division the way a divorce does. Most couples who no longer want to be married proceed directly to dissolution rather than separating first.
Is "child custody" still a legal term in Illinois?
No. Illinois removed "custody" from its statutes in 2016. Courts now allocate two separate things: parenting time (the physical schedule) and significant decision-making responsibilities (authority over education, healthcare, religion, and activities). Plenty of people still search using "custody," and that is fine. It is just no longer the operative legal term, and understanding the actual framework matters once a case is underway.
How is child support calculated in Illinois?
Illinois uses an income shares model, meaning both parents' incomes are combined to determine a total support obligation, which is then divided proportionally based on each parent's share of that combined income and their parenting time. Health insurance costs and additional child-related expenses are typically factored in separately, on top of the base calculation.
Do you need to appear in person for a Cook County divorce?
Not always. Many routine Cook County appearances are handled by Zoom, especially early case management dates. If your case goes to trial, you should expect to appear in person. The exact format depends on the judge, the hearing, and the stage of your case.
What happens if my spouse won't leave the marital home during the divorce?
Neither spouse is automatically required to move out simply because a divorce has been filed. Whether it makes sense to stay or go depends on the circumstances. Safety, finances, and the parenting arrangement all factor in, and a temporary order addressing occupancy of the home can be requested if the situation calls for it.
Can my spouse and I just use one attorney, or a mediator instead of two attorneys?
One attorney cannot represent both spouses in a divorce. That is a conflict of interest under Illinois rules, even in an amicable case. A neutral mediator is different: they help facilitate agreement on disputed issues without representing either side, but they cannot give legal advice to either spouse, so many couples pair mediation with independent counsel for each party.
What if my spouse and I agree on almost everything except one issue, like the house?
The case proceeds as contested only on that specific issue. Illinois courts and local rules allow parties to document what is already resolved while litigating or mediating the remaining dispute. You do not have to relitigate settled issues just because one item, like a single asset, is still unresolved.