ILLINOIS DIVORCE LAW BLOG

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Questions for Michael Roe about Illinois Child Support? Here’s a quick summary of the application of overnight calculations that affect actual child support. 

Recent changes to Illinois divorce law have reshaped how courts handle child support calculations when parents share parenting time almost equally. These updates reflect the state’s ongoing efforts to align financial responsibility with actual time spent with children, a critical issue in modern family law.

Illinois courts determine child support under the Income Shares Model codified at 750 ILCS 5/505. This model allocates support based on each parent’s income and the proportion of time the child spends with them. The 2023 amendments to the Illinois Marriage and Dissolution of Marriage Act clarified that when each parent has the child for at least 146 overnights per year, the “shared parenting” formula must be applied, adjusting both parents’ obligations proportionally.

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Understanding “Irreconcilable Differences”: Illinois’ Shift to a True No-Fault Divorce System

Illinois divorce law has undergone a profound transformation in the past decade. With the adoption of a purely no-fault divorce framework under the 750 ILCS 5/401(a), Illinois completely eliminated traditional fault-based grounds for dissolution. This means that divorcing spouses no longer need to prove adultery, cruelty, or abandonment — only that “irreconcilable differences” have caused an irretrievable breakdown of the marriage.

Background: From Fault to No-Fault

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Do you need to prove fault to start a divorce in Illinois? Divorce law in Illinois has changed dramatically in recent decades. For most of the state’s history, spouses seeking a divorce had to allege fault—adultery, cruelty, abandonment, or similar misconduct. That all changed with the 2016 amendments to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), which made “irreconcilable differences” the sole ground for divorce in Illinois. This reform reshaped the legal process, emotional dynamics, and privacy expectations for families navigating dissolution.

The Move from Fault to No-Fault Divorce

From as early as 1874, Illinois law listed specific fault-based justifications for divorce. Each required proof, testimony, and often public disclosure of intimate details in open court. The process was emotionally taxing and socially charged. Lawmakers, concerned about divorce’s moral implications, even imposed a mandatory one-year waiting period in 1905 before remarriage could occur—two years if adultery was involved.

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The Landscape of Spousal Maintenance in Illinois

Illinois divorce law continues to evolve, particularly when it comes to spousal maintenance. Talk to Michael Roe at www.illinois-attorney.net if you have questions about spousal maintenance in Illinois.

The Purpose of Maintenance

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Valuing a Small or Medium-Sized Business in an Illinois Divorce

When a couple divorces in Illinois and one or both spouses own a business, determining the value of that business is an essential step in dividing marital property fairly. Illinois law treats closely held businesses as marital property to the extent they were created or grew during the marriage. The court must therefore determine the business’s fair market value as of or near the date of dissolution.

1. Common Valuation Methods in Illinois Divorces

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It’s the new year, and a client with a new case just filed emails me to understand what the next steps are in his/her case. Even though the case may feel brand new to a new litigant, financial disclosure comes up quickly. Illinois divorces typically require a Financial Affidavit, which details income, expenses, assets, and debts.

Encourage readers to start gathering:

  • Pay stubs and tax returns
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What is neurodivergence? 

Neurodivergent means in layman’s terms that a person’s brain works differently, including their processing of sensory input and output. Neurodivergent children may have conditions such as autism spectrum disorder, sensory processing disorders, apraxia, dyslexia, bipolar disorder, and attention deficient disorder. Neurodivergent people also tend to be visual thinkers and innovators, and they contribute significantly to our society.

Scientist, autism advocate, and best-selling author Temple Grandin wrote many books on her life experience as a neurodivergent person, which include stories about how challenging traditional school and day-to-day life was for her.9 Grandin emphasized the need for children to have hands-on learning experiences: “We need to be getting kids out working on real things. We got water systems falling apart, electrical wires falling out and causing fires. There’s all kinds of practical problems we need to be solving and visual thinkers are really good at that.”10

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Going through a divorce is undoubtedly one of life’s most challenging experiences, not only for you but also for your children. As a parent, your priority is ensuring your children feel secure, loved, and supported, even as your family dynamic shifts. In Illinois, where family law emphasizes the best interests of the child, maintaining stability and consistency during the divorce process is critical. This blog post offers practical tips for parenting through a divorce, helping you create a nurturing environment for your children during this transitional time.
Why Stability and Consistency Matter:
Children thrive on predictability. Divorce can disrupt their sense of normalcy, leading to feelings of confusion, anxiety, or insecurity. By prioritizing stability and consistency, you can help your children feel grounded, even as their world changes. Illinois courts often consider how parents support their children’s emotional and physical well-being when making decisions about parenting time and responsibilities, so your efforts to maintain a stable environment can also positively influence your case. Here are actionable strategies to support your children during the divorce process:
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Many of our family law cases necessarily involve the appointment by the Court of a GAL or Child’s Representative. Sometimes, there is some question or confusion about the role of the GAL vs. that of the Child’s Rep.

In Illinois family law, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a Guardian ad Litem (GAL) and a Child’s Representative are two distinct roles appointed by the court to represent the best interests of a child in family law proceedings, such as custody (allocation of parental responsibilities) disputes. While both roles focus on the child’s best interests, their functions, authority, and approach differ significantly. Below is a detailed comparison: Guardian ad Litem (GAL)

  • Definition: A GAL is an attorney or trained professional appointed by the court to investigate and advocate for the child’s best interests in a family law case. The GAL acts as the “eyes and ears” of the court, gathering information and making recommendations.
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The custody evaluator is a neutral, court-appointed professional (often a licensed psychologist) tasked with conducting an independent clinical evaluation to provide the court with objective information regarding the child(ren)’s best interests. Their role is to assess the family system dynamics, parenting abilities, and the child’s needs to make recommendations about:

  1. Allocation of Parental Responsibilities: This includes decision-making authority (e.g., education, healthcare, religion, extracurricular activities) and parenting time schedules.
  2. Best Interests of the Child: The evaluator focuses on factors outlined in 750 ILCS 5/602.5 (for decision-making) and 750 ILCS 5/602.7 (for parenting time), such as the child’s adjustment to home and community, the parents’ ability to cooperate, any history of abuse or neglect, and the child’s preferences (if age-appropriate).
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