Frequently Asked Questions

Emergency Motions
 
What counts as an "emergency" in an Illinois family law case?

In Cook County, the Domestic Relations Division defines it for you. Under General Administrative Order 2022 D 12 (Amended), effective June 25, 2025, an emergency is "a sudden and unforeseen circumstance that may cause injury, loss of life, or damage to property and that requires urgent response and remedial action." The order also lists what generally will not be heard as an emergency unless there is a risk of imminent harm: motions to establish or modify parenting arrangements, child support, or parentage; motions to compel someone to sign documents like tax returns or deeds; rules to show cause; and motions to vacate an order. If your situation is on that list, it will likely need to go on the regular motion call. DuPage and Will County have their own procedures.
 
How is an emergency motion different from a regular motion?

A regular motion is scheduled on the court's calendar with standard notice and time to respond. An emergency motion asks the judge to hear the issue right away. In Cook County, the motion has to include an affidavit or verification stating the facts that make the situation sudden and unforeseen and explaining why it should take precedence. The court first decides whether it is a valid emergency at all; if it is not, you are sent to the regular motion call.
 
Can I get an emergency order without the other parent knowing?

Rarely. In Cook County, an emergency motion is noticed for 9:00 a.m. on the next court business day after it is filed, and the other side is emailed a copy along with the courtroom information. If a motion is presented without notice, the amended order requires it to spell out the specific facts that justify proceeding that way, unless a statute specifically allows an ex parte hearing. Courts strongly prefer that both sides be heard, and an order entered without notice is temporary and followed by a prompt hearing.
 
How quickly will a judge hear an emergency motion?

In Cook County, faster than almost anything else in the case. Under General Administrative Order 2022 D 12 (Amended), an emergency motion is heard at 9:00 a.m. on the next court business day after filing, in the courtroom of the judge assigned to your case. A courtesy copy of the motion, proof of e-filing, and verification of notice have to be emailed to that courtroom before 9:00 a.m., or the motion will not be heard that day. The judge first decides whether it is a valid emergency; if it is, the court gives next steps, and if it is not, the motion typically goes on the regular motion call. In DuPage and Will County the timing depends on local rules and the judge's calendar.
 
What do I need to prove?

The motion has to show the court specific facts, not conclusions. "He's dangerous" is a conclusion. "On Tuesday he drove the kids home after drinking, and here is the text where he admits it" is a fact. Emergency motions are supported by an affidavit or verified statement, along with whatever documents exist: messages, photos, police reports, school or medical records, bank statements. The stronger and more specific the record, the more likely the judge is to act.
 
What kinds of relief can an emergency motion ask for?

Common examples include temporarily restricting or suspending a parent's parenting time, ordering the return of a child, freezing accounts or prohibiting the sale or transfer of property, ordering a party out of the home, or compelling immediate compliance with an existing order. Illinois law allows temporary relief while a case is pending, and the specific relief available depends on the facts and the stage of the case.
 
What happens after an emergency order is entered?
An emergency order is temporary. It stabilizes the situation until the court can hold a fuller hearing, usually within a short window. At that hearing both sides present evidence, and the judge decides whether the temporary order should continue, change, or end. The record built in the emergency proceeding often shapes the rest of the case, so it is worth treating it as the beginning of the case rather than a one-time event.
 
Someone filed an emergency motion against me. What should I do?
Take it seriously and move fast. Do not contact the other party about it, and do not ignore the hearing date. Gather anything that contradicts the allegations, such as messages, records, and witnesses, and get an attorney involved immediately. Emergency motions are sometimes used strategically to gain an advantage, and a well-prepared response at the first hearing can undo that advantage.
 
What if the other parent violates a court order but it isn't dangerous?
Cook County's order says so directly: rules to show cause are generally not emergencies. Missed exchanges, late support, or refusing to follow a parenting plan are usually handled through a petition for rule to show cause or a motion to enforce on the regular calendar. If the violation creates immediate harm to a child, such as withholding a child indefinitely or leaving the state, an emergency motion may be appropriate. We will tell you candidly which path fits.
 
How much does an emergency motion cost?
Emergency motions are labor-intensive because they have to be drafted, verified, filed, noticed, and argued within about a day. The cost depends on the facts and how contested the hearing is. Filing one when the situation does not qualify can cost more than the fee: Cook County's order allows the court to sanction the movant and order reimbursement of the other side's expenses, fees, and costs. That is one reason we screen carefully before filing. Note that General Administrative Order 2022 D 12 does not apply to emergency orders of protection, which follow their own procedure (General Administrative Order 2022 D 13) and are covered on our Orders of Protection page.
 
How do I get an emergency custody order in Illinois?
By filing an emergency motion in the county where your case is pending, or filing a new case and an emergency motion at the same time if there is no case yet. The motion must show a specific, immediate risk to the child that cannot wait for a regular court date. Cook County requires the motion to state why it is an emergency, and judges deny motions that are really about a long-running dispute. If the risk involves abuse or threats, an emergency order of protection may be the faster route and can include parenting provisions. Our emergency motions page explains what qualifies.
 
What should I do in the first 72 hours of a family emergency?
Get the child safe first; if there is immediate danger, call the police. Then write down what happened, when, and who saw it, and preserve every text, email, photo, and voicemail. Do not delete anything, even messages that make you look bad. Do not withhold the child from the other parent beyond what safety requires, because unilateral action is what judges hold against parents later. Call us as early in that window as you can. An emergency motion is far stronger when it is filed within a day or two of the event with the evidence organized.
 
General
 
What types of cases do you handle?
We handle divorce, allocation of parental responsibilities (custody), parenting time disputes, child support, spousal maintenance, prenuptial and postnuptial agreements, and Orders of Protection.
We focus on resolving cases efficiently while maintaining a clear litigation strategy when necessary.
 
Do I need a lawyer to file for divorce in Illinois?

No. You have the option to represent yourself. However, involving an attorney early allows for strategic positioning before unnecessary escalation occurs. Initial filings, financial disclosures, and parenting proposals often shape the direction of the case. Early structure reduces the need for corrective litigation later.

How long will my case take?

Timelines depend on the complexity of the case, the level of conflict, and the financial issues involved.

Uncontested cases are largely driven by the court’s schedule. Contested matters—particularly those involving parenting disputes or complex assets—can take a year or longer.

No attorney controls the court’s calendar. However, early organization, complete financial disclosure, and a disciplined approach can significantly reduce unnecessary delay.
 
How much will my case cost?

Fees depend on the complexity of the case and the level of conflict involved. You will receive a clear engagement agreement outlining billing structure and expectations from the outset. The objective is straightforward: move the case forward efficiently while minimizing unnecessary cost.

What is “allocation of parental responsibilities”?

 

Illinois no longer uses the term “custody.”

 

The court allocates:

 

• Decision-making responsibility (major decisions for the child)

• Parenting time (the schedule)

 

All decisions are made based on the best interests of the child.

What is mediation?

Mediation is a structured negotiation process with a neutral third party. Some counties require mediation for parenting issues before trial. It can be an effective way to resolve disputes without prolonged litigation.
 
What should I do before filing for divorce?

At a minimum:

 

• Gather financial documents if you have access to them (bank statements, tax returns, retirement accounts)

• Avoid major financial changes without legal guidance

• Do not rely on informal agreements

​​

Early decisions often shape the direction of the case. Online information is not a substitute for legal advice—consult with an attorney before taking action.
 
What happens with debts?

Marital debt is allocated between the parties, similar to assets. The court considers who incurred the debt, for what purpose, and whether the spending was reasonable.
 
What makes LaRocque Law different?

We are built around structure, not reaction. Most family law cases do not become difficult because of complexity—they become difficult because they lack structure. From the outset, we organize, position, and advance each case with a clear objective. Unnecessary conflict is avoided, but not at the expense of outcome.

​

The result is a process that is controlled, efficient, and aligned with long-term interests—not short-term reactions.
 
How do I get started?

You can schedule a consultation to discuss your situation, your goals, and the available legal options. From there, we'll outline a clear path forward.

​

To schedule a call, use the Schedule a Consultation button on this page.

Consultations & Intake
 
How do I schedule a consultation?
Call us at (312) 584-3456 or reach out through the contact form on this site. We'll gather a few basic details — including the names of the other people involved, so we can run a conflict check — and get you scheduled promptly.
 
What should I bring to my divorce consultation?
Bring any financial and family information you have, including recent pay stubs, tax returns, bank statements, retirement account statements, mortgage or lease information, and any existing court orders. It also helps to bring a short list of your goals, concerns, and questions. If you do not have everything, come anyway. We can still use the consultation to build a practical plan.
 
What happens during the initial consultation?
You'll talk with an attorney about your situation — what's happening, what you want, and what worries you. We'll explain how Illinois law applies to your facts, walk through your realistic options, and lay out what the process and next steps would look like. You should leave with a clearer picture of where you stand, whether or not you hire us.
 
Is what I say in a consultation confidential?
Yes. Everything you share in a consultation is confidential, even if you decide not to hire us and even if you never file anything. You can speak freely — that's the only way we can give you accurate advice.
 
What should I send to the attorney ahead of time?
Bring whatever you have; don't delay scheduling because you're missing something. Helpful items include any existing court orders or judgments, a premarital or postnuptial agreement if you have one, recent pay stubs or tax returns, and a short written timeline of key events. If documents are hard to get because your spouse controls them, tell us — there are ways to obtain them later.
 
What if I am not sure what I want to do yet?
Many people come to a consultation simply to understand their rights and options before making any decision. A consultation doesn't commit you to filing anything, and your spouse is not notified that you met with us.
 
Can my spouse and I use the same attorney?
No. In a divorce, an attorney can only represent one spouse — even in a friendly, uncontested case — because your interests aren't identical. One of you can hire the attorney and the other can be unrepresented or hire separate review counsel, but one lawyer can't advise both sides.
 
My spouse consulted with you first. Can you still represent me?
No. Once we've consulted with one spouse, we can't represent the other, because of what was shared in that consultation. This runs both ways — your consultation with us also prevents us from ever representing your spouse.
 
Do you offer virtual consultations?
Yes. Consultations are available by phone or video, and in-person meetings are available by appointment at our office at 150 S. Wacker Drive, Suite 2400, in downtown Chicago.
 
What happens after I decide to hire you?
You'll sign a written engagement agreement that spells out the scope of the work and the fees, and pay the retainer. From there, we get to work — that may mean filing, responding to something already filed, or starting negotiations, depending on your situation. You'll know at every stage what's happening on your case and why.
 
What if my situation is an emergency?
Tell us when you call. Some situations — safety concerns, a child being withheld, funds disappearing, an imminent court date — can't wait for a routine appointment, and we prioritize scheduling accordingly. If you're in immediate danger, call 911 first.
 
Where is your office, and where do you meet clients?
LaRocque Law is in Chicago's West Loop at 411 S. Sangamon Street, Chicago, IL 60607. We meet clients there by appointment and also by video, which is how most consultations and many follow-up meetings happen. Call (312) 584-3456 or use the Schedule a Consultation button to set a time.
 
Chicago Divorce Lawyer
 
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 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 timeline: An initial conversation is typically scheduled within days. A full strategy discussion follows once you've hired us and shared your financial and family picture.

Filing and residency timeline: 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 case timeline: 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's 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 case timeline: 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 timeline: An uncontested modification, where the other party agrees, can resolve within weeks. A contested modification requiring a hearing can take several months.
 
How much does a divorce cost in Chicago?

It depends almost entirely on how much is disputed. An agreed divorce with a complete settlement is the least expensive kind, 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.
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 doesn't 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.
 
Can I get divorced in Illinois if my spouse doesn't agree?
Yes. Illinois is a no-fault state, and a spouse's refusal doesn't 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.
 
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 can't represent both spouses in a divorce — that's 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 can't 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's already resolved while litigating or mediating the remaining dispute — you don't have to relitigate settled issues just because one item, like a single asset, is still unresolved.
 
Do you handle divorce and custody cases in DuPage and Will County?
Yes. We represent clients in Cook, DuPage, and Will Counties from our West Loop office. The statutes are the same statewide; what changes is the courthouse, the local rules, and how each judge runs a courtroom. Knowing those differences is most of what saves time in a suburban case.
 
Is the divorce process different in DuPage County than in Cook County?
The law is identical. The logistics are not. DuPage runs every family case through the courthouse in Wheaton, and scheduling works differently than at the Daley Center, so agreed matters take more coordination to get set. DuPage allows prove-up by affidavit when at least one spouse has an attorney; otherwise the prove-up is an in-person hearing, where Cook County holds it by Zoom. Mediation on contested parenting issues is required in both counties.
 
Where are family law cases heard in DuPage and Will County?
DuPage County family cases are heard at the DuPage County Courthouse in Wheaton. Will County family cases are heard at the Will County Courthouse in Joliet. Cook County cases are heard at the Daley Center downtown or at the suburban district courthouse for your address. Your case belongs in the county where either you or your spouse lives.
 
Do I file for divorce in the county where I live or where my spouse lives?
Either. Illinois lets you file in the county where you live or the county where your spouse lives. If you live in different counties, there is sometimes a strategic reason to prefer one over the other, such as how quickly cases move or how the judges there tend to handle a particular issue. We will tell you which one makes sense for your situation.
 
Parenting Time & Parental Responsibilities
 
What is the difference between parenting time and parental responsibilities?
Illinois law no longer uses the term "custody." Parenting time refers to the physical schedule — when your child is with each parent. Significant decision-making responsibilities refers to authority over major areas of your child's life, including education, healthcare, religion, and extracurricular activities. Courts address these separately, and one parent can have more parenting time while both share decision-making authority, or vice versa.
 
How does an Illinois court decide how to allocate parenting time?
Illinois courts base parenting time decisions on the best interests of the child. Judges consider factors including each parent's relationship with the child, the child's adjustment to home and school, the willingness of each parent to support the other's relationship with the child, any history of domestic violence, and — depending on the child's age — the child's own preferences.
 
What does a Guardian ad Litem do?
A Guardian ad Litem (GAL) is an attorney appointed by the court to represent the best interests of the child — not either parent. The GAL investigates the family situation, interviews the parents and child, reviews relevant records, and makes a recommendation to the court about parenting arrangements. A GAL is not the child's personal attorney; their obligation is to the child's best interests as they independently assess them. Their recommendation carries significant weight with the judge.
 
Can parenting time be restricted?
Yes. Illinois courts can restrict a parent's parenting time if unrestricted access would seriously endanger the child's physical, mental, moral, or emotional health. Restrictions can range from supervised parenting time to a complete suspension of parenting time depending on the circumstances. Common triggers include substance abuse, domestic violence, chronic instability, or repeated violations of the existing parenting order.
 
Can parenting orders be modified later?
Yes, but Illinois sets a high bar. In most cases, a parenting time modification requires showing a substantial change in circumstances since the original order was entered. If the modification involves a change to decision-making authority, the standard is even higher within the first two years of the order. Common grounds include a parent's relocation, a significant change in the child's needs, or a breakdown in the existing parenting schedule. We handle modifications with the same strategic preparation as initial proceedings.
 
What happens if my co-parent isn't following the parenting schedule?
If the other parent is violating a court-ordered parenting plan, you can file a petition for rule to show cause (also called a contempt petition) in the circuit court. A judge can order makeup parenting time, impose fines, modify the existing order, or in serious cases, hold the non-complying parent in contempt of court. It's important to document violations carefully before filing.
 
Do Illinois courts favor mothers over fathers in parenting time decisions?
No. Illinois law explicitly requires courts to allocate parenting time without regard to the gender of the parent. Fathers and mothers are on equal legal footing. The determining standard is always the best interests of the child, not the sex of the parent requesting time.
 
What happens if you and the other parent cannot agree on a parenting plan?
If you and the other parent cannot reach an agreement, the court can step in. Mediation may help first if it is ordered or if both sides agree to use it. If mediation does not resolve the dispute, a judge decides the parenting plan based on your child’s best interests. If safety is an issue, mediation may not be appropriate. You need a plan that works in practice, not just on paper.
 
What is the difference between joint, sole, and divided allocation of parental responsibilities?

Illinois courts can allocate parental responsibilities in several ways depending on the circumstances.

Joint Allocation

Both parents share decision-making authority. Significant decisions in the relevant categories require agreement between the parents. Joint allocation works well when parents can communicate respectfully, are both actively involved in the child's life, and are willing to prioritize the child's needs over their disagreements.

Joint allocation does not mean equal parenting time. A parent can have joint decision-making authority and less than half of the parenting time, or primary parenting time and shared decision-making. The two issues are determined independently.

Sole Allocation

One parent has exclusive authority to make significant decisions in some or all categories. Sole allocation is appropriate when the parents are unable to communicate effectively enough to make joint decisions, when one parent has been uninvolved or absent, or when a history of domestic violence or abuse makes joint decision-making unsafe or unworkable.

Divided Allocation

Responsibility can be split between categories. One parent may have sole authority over educational decisions while the other has authority over healthcare, or both parents share healthcare decisions while one has final say on schooling. Divided allocation reflects the reality that different parents may have different strengths, involvement levels, or areas of conflict.

Courts fashion the allocation that best serves the child — not the one that feels most fair to the parents.
 
Divorce Process
 
What happens right after you file for divorce in Illinois?
After filing, your spouse must be served or waive service. Then the case moves into financial disclosure, temporary issues if needed, and settlement or litigation. The court may set status dates and require parenting or financial paperwork. Filing starts the case, but it does not finish the work.
 
Do I need grounds to file for divorce in Illinois?
No. Illinois is a no-fault state, so the only basis for divorce is irreconcilable differences. You do not need to prove adultery, abandonment, or any other misconduct, and your spouse cannot stop the divorce by refusing to agree to it.
 
Do I have to live in Illinois to file here?
At least one spouse must live in Illinois for 90 days before the court can enter a judgment. If you recently moved here, or your spouse lives out of state, we can talk through where and when filing makes sense.
 
Is there a required separation period?
No. If you and your spouse have lived separate and apart for six months, the law irrebuttably presumes irreconcilable differences exist and that question is settled. "Separate and apart" does not require separate homes — many couples meet this requirement while still living under the same roof.

What's the difference between a contested and uncontested divorce?
An uncontested divorce means you and your spouse agree on all the terms — parenting, support, and how property and debts are divided — and the court simply approves your agreement. A contested divorce means at least one issue is unresolved and the court process is used to work it out, through negotiation, mediation, or ultimately a hearing or trial.
 
Will I have to go to court?
Usually far less than people expect. Most divorces resolve by agreement, and in many cases the only court appearance is a short final hearing called a prove-up, where the judge reviews and approves your agreement. Some routine court dates can be handled by your attorney or held by video, depending on the judge.
 
What if my spouse won't participate or I can't find them?
The divorce can still move forward. If your spouse is served and does not respond within 30 days, the court can enter a default judgment. If you genuinely cannot locate your spouse, Illinois allows service by publication after a diligent search. Neither situation prevents you from getting divorced, though each affects what relief the court can grant.
 
Will we be required to go to mediation?
If you have children and disagree about parenting issues, Cook County and most surrounding counties require mediation before the court will hold a hearing on those issues. Mediation is often worth taking seriously even when it isn't required — it is usually faster and far less expensive than litigating.
 
Do I have to take a parenting class?
In most Illinois counties, including Cook, both parents in a divorce involving minor children must complete an approved parenting education program before the judgment is entered. It is typically a short online course.
 
Can I start dating before the divorce is final?
Legally, dating does not affect your right to a divorce, since Illinois is no-fault. Practically, it can complicate parenting negotiations and, in some situations, spending money on a new partner can raise dissipation issues. It is worth a conversation with your attorney before introducing a new partner to your children.
 
Chicago Child Custody
 
How long does a child custody case take in Chicago?
An agreed parenting matter can often move much faster than a contested custody dispute, but the exact timeline depends on the issues, court schedule, mediation, and whether a hearing or trial is necessary. Illinois requires proposed parenting plans early in the case, and child custody/allocation matters are generally expected to move toward final resolution within the court’s timeline unless good cause supports delay.
Consultation and assessment timeline
The process begins with a consultation and issue review. The goal is to identify what is already in place, what is disputed, whether any deadlines exist, and whether the matter is urgent.
Parenting plan timeline
Illinois parents in allocation cases generally must file a proposed parenting plan within 120 days after service or filing of the petition, unless the court extends the deadline for good cause.
Mediation timeline
If parents cannot agree on child-related issues, mediation may be ordered. In Cook County, child-related mediation through Family Court Services requires a court order and is used for issues such as allocation, parenting time schedules, modification, and relocation.
Litigation timeline
If the dispute resolves by agreement, the timeline is usually shorter. If the case requires temporary orders, a GAL, evaluations, discovery, repeated court dates, or trial, the timeline becomes longer.
Post-order expectations
After the order is entered, parents must follow it. If the other parent violates the order or circumstances change, enforcement or modification may become necessary.
 
What affects the cost of a child custody lawyer in Chicago?
The cost of a child custody matter depends on the amount of conflict, the number of unresolved issues, the evidence needed, and whether the case resolves by agreement, mediation, hearing, or trial.
Whether parents agree on the major issues
Cost depends on the level of disagreement because agreement usually allows the attorney to focus on drafting, review, negotiation, and court approval. When parents disagree about the schedule, decision-making, relocation, or safety, the case usually requires more preparation and court involvement.

Whether temporary orders are needed

Cost depends on temporary relief because early motions can require fast preparation, evidence gathering, affidavits, hearings, and strategy around what happens while the case is pending.
Whether mediation resolves the dispute.

Cost depends on mediation because a successful mediation can narrow or resolve issues, while unsuccessful mediation often sends the case back toward litigation. In Cook County, Family Court Services mediation is free when ordered by the court, but it requires a valid court order and occurs during court operating hours.

Whether a Guardian ad Litem, child representative, or evaluation becomes involved
Cost depends on third-party involvement because contested parenting cases may require additional investigation, reports, interviews, or hearings. These steps can add time, complexity, and expense.

Whether the case requires trial
Cost depends on litigation because trial preparation involves evidence organization, witness preparation, exhibits, legal arguments, court appearances, and a more developed record.
Whether the order is clear enough to prevent future conflict
Cost also depends on drafting quality. A vague parenting plan may feel cheaper upfront but create more expensive enforcement or modification problems later.
 
Does Illinois still use the term child custody?
Illinois courts no longer use “custody” as the primary legal term. What people call child custody is usually handled as allocation of parental responsibilities, which includes parenting time and significant decision-making responsibilities. Parents still use “custody” in everyday language, so a child custody lawyer can help translate the practical concern into the correct legal issue.
Is 50/50 parenting time automatic in Illinois?
No. Illinois does not automatically give parents a 50/50 schedule. Courts allocate parenting time according to the child’s best interests. A 50/50 arrangement may work for some families, but the court can consider the child’s school, age, needs, history of caretaking, distance between homes, transportation, work schedules, and the parents’ ability to cooperate.
 
What does a judge consider in a Chicago custody case?
A judge considers the child’s best interests. That can include the child’s needs, the child’s adjustment to home and school, each parent’s prior caretaking role, the child’s relationship with parents and siblings, the distance between homes, transportation difficulty, each parent’s schedule, safety concerns, and each parent’s willingness to support the child’s relationship with the other parent.
 
What has to be included in an Illinois parenting plan?
An Illinois parenting plan should include decision-making responsibilities, the child’s living arrangements, each parent’s parenting time schedule, school enrollment address, transportation, communication, emergency notice, travel expectations, relocation provisions, and procedures for future disputes or modifications. The stronger the plan, the fewer unanswered questions remain after the order is entered.
 
Do parents have to go to mediation in Cook County custody cases?
Mediation is commonly required in Cook County when parents cannot agree on child-related issues. Cook County identifies mediation as mandatory for initial allocation of parental responsibilities, modifications, relocation, and third-party visitation disputes, unless the court determines mediation is not appropriate. Mediation does not mean you give up your position; it means you prepare to negotiate with structure.
 
Can the other parent deny parenting time because child support is late?
A parent generally should not deny court-ordered parenting time because of a child support dispute. Parenting time and child support are connected in family life, but they are separate legal obligations. If support is unpaid or parenting time is being denied, the better response is to address the violation through the proper legal process rather than creating another violation.
What if the other parent wants to move with my child?
If the other parent wants to move with the child, the issue may qualify as relocation under Illinois law depending on the distance and location. Relocation cases require a child-focused analysis. The court looks at whether the move serves the child’s best interests, not simply whether the move is convenient or beneficial for the relocating parent.
 
Do unmarried parents need a custody order in Illinois?
Unmarried parents may still need a court order allocating parenting time and decision-making responsibilities. If parentage has not been legally established, that may need to happen first. A clear order can prevent future disputes by defining each parent’s rights, responsibilities, schedule, and decision-making authority.
 
What is an allocation judgment?
The allocation judgment is the court order that ends a parenting case in Illinois. It allocates significant decision-making responsibilities (education, health, religion, and extracurriculars) between the parents, incorporates the parenting plan with the parenting time schedule, and sets the rules for holidays, transportation, communication, and relocation. It is what people used to call the custody order. Once entered, it can only be changed through a modification, which requires showing a substantial change in circumstances. Our parenting time and parental responsibilities page explains how the allocation is decided.
 
Contested Divorce
 
How long does a contested divorce take in Illinois?
It depends on the complexity of the issues involved. Cases with significant financial disputes, business interests, or contested parenting arrangements typically take longer than straightforward matters. Most contested divorces resolve within 12 to 24 months, though cases that proceed to trial can take longer. The single biggest factor in timeline is how early a clear strategy is established — cases that start organized move faster.
 
Will my case go to trial?
Most contested divorces settle before trial — but the ones that settle well are the ones that were prepared for trial from the start. We build every case as if it will be heard by a judge, which strengthens your negotiating position at every stage. If trial becomes necessary, we are ready.
Do I need to move out during the divorce?
Not necessarily. Whether remaining in the marital residence is advisable depends on the facts of the case, financial considerations, parenting arrangements, and overall litigation strategy.
What happens to the children during a contested divorce?
Illinois courts allocate parenting time and decision-making responsibilities based on the best interests of the child. During a contested divorce, temporary parenting orders are often established early to create stability while the case proceeds. We work to build parenting structures that are clear, enforceable, and designed to hold up long after the case closes — not just agreements that get the case settled.
 
Uncontested Divorce
 
How do I start an uncontested divorce in Illinois?
One spouse files a Petition for Dissolution of Marriage in the county where either of you lives, and the other files an appearance. We usually file once the agreement is close so the case goes straight to prove-up.
 
What documents do I need?
A recent Financial Affidavit with pay stubs, tax returns, account statements, and loan balances; the marriage certificate; and, if there are children, parenting class certificates. We provide a checklist.
 
How long does an uncontested divorce take in Illinois?
Days to a few months, depending on how ready the paperwork is. Illinois has no mandatory waiting period for an agreed divorce.
 
How much does an uncontested divorce cost in Chicago?
It depends on how much is truly agreed. A case where the settlement is complete costs a fraction of one where issues are still open, plus the court filing fees. We bill hourly against a retainer, or on a flat fee if you prefer certainty, and quote either one after the consultation.
 
If we agree on everything, why would the court not approve it?
Judges reject agreements that are incomplete or look unconscionable: a parenting plan missing required provisions, support that deviates from the guidelines with no explanation, or a lopsided property split with no reason.
 
Do we both need attorneys?
Not legally, but it helps. One attorney cannot represent both spouses, and in Cook County both need counsel to skip the hearing.
 
What is a prove-up hearing in Cook County?
A prove-up is the final step of an uncontested divorce. It is where the court confirms that it has jurisdiction, that irreconcilable differences exist, and that both spouses signed the settlement agreement voluntarily and understand it. In a traditional prove-up, one or both spouses answer a short set of questions in front of the judge. In Cook County, when both spouses are represented, they can skip the appearance entirely and prove up by affidavit; when one is not, the prove-up is a short hearing held by Zoom. Our post on the Cook County prove-up by affidavit walks through exactly what gets filed.
 
Can we finish our divorce without going to court?
It depends on the county. In Cook County, if both spouses have attorneys, each signs a sworn affidavit in place of live testimony, we submit the affidavits with the proposed judgment, and the judge enters it from chambers. If either spouse is unrepresented, the prove-up is a short hearing held by Zoom. In DuPage County, prove-up by affidavit is available when at least one spouse has an attorney; otherwise the prove-up hearing is in person in Wheaton. Will County does not accept prove-up by affidavit at all, so every uncontested divorce there ends with an in-person hearing in Joliet.
 
When does an uncontested divorce stop being uncontested?
The moment one issue is disputed. It is usually the house, with maintenance a close second. One open issue does not send the whole case to trial. Everything you have already agreed on stays agreed, and only the open issue gets negotiated, mediated, or decided by a judge. What changes is the timeline and cost for that piece. If you are stuck on one thing, say so at the consultation so we can plan for it. Our uncontested divorce page covers the whole process.
 
Parenting Time Restriction
 
What is the legal standard for restricting parenting time in Illinois?
Illinois courts can restrict parenting time when its exercise would seriously endanger the child's physical, mental, moral, or emotional health. This is a higher standard than inconvenience or parental disagreement — it requires a showing of genuine risk to the child. Courts balance the child's safety against the importance of maintaining a relationship with both parents.
 
Can parenting time be suspended entirely?
Yes, in serious cases. If the court finds that even supervised contact would endanger the child, it can suspend parenting time altogether. This is rare and reserved for the most serious circumstances — documented abuse, active addiction with demonstrated risk to the child, or other severe endangerment. Total suspension is usually a temporary measure while the underlying issue is addressed.
 
What counts as supervised parenting time?
Supervised parenting time requires a third party to be present during all contact between the parent and child. The supervisor can be a mutually agreed-upon family member or friend, a professional supervisor through a designated agency, or in some cases a social worker. The court may specify who is appropriate to serve as supervisor depending on the circumstances.
 
Can I get an emergency order if my child is in immediate danger?
Yes. Illinois courts can enter emergency orders restricting or suspending parenting time when a child faces imminent danger. The bar for emergency relief is high — courts require a specific showing of immediate risk, not general concern. If you believe your child is in danger, contact us immediately.
 
What if the allegations against me are false?
False or exaggerated restriction allegations do happen, particularly in high-conflict divorces. The response is an evidence-based defense — documenting your relationship with your child, gathering witnesses, obtaining records that contradict the allegations, and presenting a clear and credible picture to the court. Do not ignore a restriction motion or assume it will resolve itself. Contact us as soon as you are served.
 
Will my child have to testify?
Generally no. Courts try to shield children from direct involvement in parental disputes. Instead, a guardian ad litem is often appointed to investigate and represent the child's interests independently. In some cases a child may be interviewed by the judge in chambers, but open courtroom testimony from children is rare in these matters.
 
Can a restriction be lifted once it's in place?
Yes. Restrictions can be modified or lifted when there has been a substantial change in circumstances — completed treatment, documented sobriety, stable housing, or a sustained period of appropriate behavior. The parent seeking modification must demonstrate that the change is genuine and lasting, not temporary. Courts are cautious about lifting restrictions prematurely.
 
Does a DCFS finding affect parenting time?
An indicated DCFS finding of abuse or neglect is significant evidence in a parenting time proceeding. Courts take DCFS findings seriously, and an open DCFS investigation can also support emergency relief. However, a DCFS finding does not automatically result in restricted parenting time — courts conduct their own analysis based on the totality of the circumstances.
 
How does substance abuse affect parenting time?
Active substance abuse that impairs a parent's ability to care for a child safely is grounds for restriction. Courts can order drug and alcohol testing as a condition of parenting time, require completion of treatment, and limit or supervise parenting time until sobriety is demonstrated and sustained. A parent who has addressed a substance abuse issue and can demonstrate sustained recovery has a path to restored parenting time.