Chicago Divorce Lawyer
Jonathan D. Steele is a Chicago divorce lawyer and a partner at Beermann LLP. He represents spouses in Cook County divorce cases and in DuPage, Lake, Will, and Kane County courts on property and debt division, maintenance, child support, and parenting, including cases where the key evidence sits in shared accounts, phones, and financial apps.
Emergency line, 24/7: (312) 638-0897. If we can't pick up, we return emergency calls within one hour.
How does a divorce work in Chicago?
A Chicago divorce is a case in the Domestic Relations Division of the Circuit Court of Cook County, based at the Richard J. Daley Center, 50 W. Washington St., with suburban courtrooms in Skokie, Rolling Meadows, Maywood, Bridgeview, and Markham.
Illinois is a no-fault state. The only ground is irreconcilable differences that have caused the irretrievable breakdown of the marriage, and if the spouses have lived separate and apart for a continuous six months immediately before judgment, that ground is irrebuttably presumed. One spouse must have lived in Illinois, or been stationed here in the military, for 90 days.
Before entering a judgment, the court must decide or reserve the allocation of parental responsibilities, child support, maintenance, and the division of property and debts (750 ILCS 5/401).
How does a Cook County divorce move through court?
Most cases follow this sequence. Cook County cases are also governed by Part 13 of the Rules of the Circuit Court of Cook County.
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1
Conflict check and consultation
Before any facts are discussed, the office checks the names of everyone involved for conflicts. If it clears, a consultation covers goals, risks, and documents.
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2
Petition and filing
The case begins with a verified petition for dissolution of marriage (750 ILCS 5/403), filed in the county where either spouse lives (750 ILCS 5/104). In Cook County, the petition is filed with the Clerk of the Circuit Court of Cook County.
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Service and the automatic stay
When the other spouse is served or appears, an automatic dissolution action stay restrains both spouses from abusing, harassing, or interfering with the personal liberty of the other spouse or the children, and from concealing a child from the other parent (750 ILCS 5/501.1).
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4
Financial disclosure
Each spouse completes the statewide Financial Affidavit. Under Cook County Rule 13.3.1, the petitioner serves it within 30 days after serving the petition and the respondent within 30 days after appearing, or at least seven business days before a hearing if sooner. Rule 13.3.2 adds the last two years of filed tax returns and the most recent pay stub. See the financial affidavit guide.
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Temporary orders
Either spouse can ask for temporary maintenance or child support, decided on a summary basis from financial affidavits, tax returns, pay stubs, and bank statements. The court can also restrain the transfer or concealment of property, bar removal of a child from its jurisdiction for more than 14 days, and award interim attorney's fees (750 ILCS 5/501). Urgent issues use the emergency motion process.
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Parenting track, if there are children
An initial case management conference is held within 90 days after service (Ill. S. Ct. R. 923). Parents complete approved parenting education within 60 days after it (R. 924), each files a proposed parenting plan within 120 days (750 ILCS 5/602.10(a)), and disputes go to mediation unless the court finds an impediment (602.10(c); R. 905). Cook County's Family Court Services provides mediation, parent education, and custody evaluations.
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Discovery, settlement, or trial
Disputed financial issues are developed through written discovery, subpoenas, and depositions. Many cases resolve with a written marital settlement agreement, whose property and maintenance terms bind the court unless unconscionable; terms on child support and parenting are reviewed separately (750 ILCS 5/502). Issues that do not settle are tried.
More detail: Cook County divorce process · Illinois divorce procedure guide · Illinois Supreme Court Rules, Article IX
How long does a divorce take in Cook County?
Illinois sets no fixed timeline. An agreed case can conclude once disclosure is complete and the settlement is signed. In contested cases, the main drivers are:
- how many issues are disputed;
- how much financial discovery is needed;
- temporary and emergency motions;
- whether a guardian ad litem, child representative, or evaluator is appointed; and
- the court's calendar.
For parenting disputes, Illinois Supreme Court Rule 922 directs resolution within 18 months of service unless extended for good cause. Illinois divorce timeline guide.
What does a Chicago divorce cost?
Cost follows the work the case requires. The main cost drivers are:
- the number of contested issues;
- the volume of financial records and subpoenas;
- experts, such as business valuators and forensic accountants, and any court-appointed evaluator, whose fees the parties pay (750 ILCS 5/604.10(b));
- a guardian ad litem or child representative (750 ILCS 5/506); and
- temporary motions, emergency hearings, and trial preparation.
The court may order one spouse to contribute to the other's attorney's fees after considering both spouses' financial resources, including through interim awards while the case is pending (750 ILCS 5/501(c-1), 508(a)). Filing fees are set by the Clerk of the Circuit Court, and the Illinois courts publish fee waiver forms. Divorce costs in Illinois.
How is property divided in an Illinois divorce?
Illinois divides property in two steps under 750 ILCS 5/503.
Classification. Property either spouse acquired after the marriage, including debts, is presumed marital. Non-marital property includes property acquired before the marriage, gifts and inheritances, property acquired in exchange for either, and property excluded by a valid premarital or postnuptial agreement. The court must make specific findings on classification and value.
Division. Each spouse keeps his or her non-marital property. The marital estate is divided "in just proportions" under the statutory factors, without regard to marital misconduct; the statute sets no fixed percentage.
Dissipation. The Illinois Supreme Court defines dissipation as the use of marital property for the sole benefit of one spouse for a purpose unrelated to the marriage while the marriage is undergoing an irreconcilable breakdown (In re Marriage of O'Neill, 138 Ill. 2d 487 (1990)). A claim requires written notice no later than 60 days before trial or 30 days after discovery closes, whichever is later, and cannot reach dissipation more than three years after the claiming spouse knew or should have known of it, or more than five years before the petition was filed (503(d)(2)).
Marital property in Illinois · Hidden assets · High-asset divorce
How does maintenance work in Illinois?
The court first decides whether maintenance is appropriate, considering the factors in 750 ILCS 5/504(a), such as income, earning capacity, the marital standard of living, and the length of the marriage.
If it is, combined gross annual income is under $500,000, and the payor owes no support from a prior relationship, the guidelines apply unless the court finds them inappropriate:
- Amount: 33 1/3% of the payor's net annual income minus 25% of the payee's net annual income, capped so that the payee's net income plus maintenance does not exceed 40% of the spouses' combined net income.
- Duration: the length of the marriage at filing times a factor rising from .20 (under five years) to .80 (19 to 20 years). For marriages of 20 years or more, the term equals the length of the marriage or is indefinite.
How is child support calculated in Illinois?
Illinois uses an income-shares model: the court adds the parents' monthly net incomes, finds the basic obligation for that combined income on the state schedule, and divides it by each parent's percentage share (750 ILCS 5/505(a)(1.5)).
Shared physical care: the threshold changes January 1, 2027
Through December 31, 2026: the shared-care calculation applies when each parent has 146 or more overnights a year. The basic obligation is multiplied by 1.5, each parent's share is computed, and the amounts are offset.
Beginning January 1, 2027: Public Act 104-733 lowers the threshold to 110 overnights, or 110 overnight equivalents, per year.
How do Illinois courts decide parenting time and decision-making?
Illinois law frames custody as the allocation of parental responsibilities: significant decision-making on education, health, religion, and extracurricular activities (750 ILCS 5/602.5), and parenting time (750 ILCS 5/602.7). Both turn on the child's best interests under the factors in each section.
Both parents are presumed fit. The court may restrict a parent's parenting time only if a preponderance of the evidence shows that it would seriously endanger the child's physical, mental, moral, or emotional health (602.7(b)). Conduct that does not affect a parent's relationship with the child is not considered (602.5(e), 602.7(c)). The court may appoint an attorney for the child, a guardian ad litem, or a child representative (750 ILCS 5/506).
If a child is at risk right now, read about emergency custody orders in Illinois and orders of protection.
What if the important evidence is digital?
Much divorce evidence is now electronic. Jonathan D. Steele's practice gives particular attention to four categories:
- Shared accounts: joint bank and credit accounts, shared cloud storage, family-sharing plans, and household logins, which show spending, access, and control.
- Devices: phones, tablets, laptops, and connected cars holding messages, photos, and app data.
- Location data: phone location history, shared-location apps, and vehicle or smart-home records that can corroborate or contradict a timeline.
- Electronic financial records: banking, brokerage and retirement portals, payment apps, payroll systems, and cryptocurrency exchanges, used to trace assets, measure income, and test dissipation claims.
The work starts with preservation: identifying what exists, keeping it from being deleted, and obtaining it through discovery and subpoenas. Ask before you collect anything yourself; accessing an account or device you are not authorized to use creates problems of its own. When technical analysis is appropriate, it is done with a qualified forensic examiner.
How does a case start with Jonathan D. Steele?
- Request a conflict check. Share only your name, contact information, and the names of the people involved, not the facts of your matter.
- Schedule a consultation. If the conflict check clears, the office contacts you to set a time.
- Bring what you have. Tax returns, pay stubs, account statements, any court orders, and the current parenting schedule.
- Put the engagement in writing. If you proceed, the engagement is a written agreement with the Statement of Client's Rights and Responsibilities that 750 ILCS 5/508(f) requires.
Need an emergency order of protection or help with a child-safety emergency? Emergency line, 24/7: (312) 638-0897. If we can't pick up, we return emergency calls within one hour.
If anyone is in immediate danger, call 911.
Where does Jonathan D. Steele handle divorce cases?
The office is at 161 N. Clark St., Suite 3000, Chicago, IL 60601 (Beermann LLP). Cases are handled in Cook County, downtown and in the suburban districts, and in DuPage, Lake, Will, and Kane counties.
Common Questions About Chicago Divorce
Do I need a lawyer to get divorced in Illinois?
No. Illinois does not require one, and the Illinois courts publish approved divorce, support, and maintenance forms for people who represent themselves. Counsel matters most when there are children, a business, retirement or equity compensation, maintenance, or disputed finances.
Does it matter who caused the divorce?
Usually not. The only ground is irreconcilable differences (750 ILCS 5/401). Marital property is divided without regard to marital misconduct (750 ILCS 5/503(d)), and parenting decisions do not consider conduct that does not affect a parent's relationship with the child (750 ILCS 5/602.5(e), 602.7(c)). Using marital property for one spouse's sole benefit, for a purpose unrelated to the marriage, while it is breaking down can be raised as dissipation.
How long do I have to live in Illinois before filing for divorce?
One spouse must have lived in Illinois, or been stationed here as a member of the armed services, for 90 days before filing or before the court makes its findings (750 ILCS 5/401(a)).
Will my financial information become public?
Financial affidavits and supporting documents submitted with a request for temporary maintenance or child support are not made part of the public record unless the court directs otherwise (750 ILCS 5/501(a)(1)). Other filings can be public, so what goes into the court file deserves attention.
Can my spouse take the children out of Illinois while the divorce is pending?
Once the petition is served or the other spouse appears, the automatic dissolution action stay bars both parents from concealing a child from the other parent (750 ILCS 5/501.1), and either parent can ask the court to bar the other from removing a child from its jurisdiction for more than 14 days (750 ILCS 5/501(a)(2)(ii)). A permanent move is a separate relocation question.
What should I do first if I am thinking about divorce?
Gather recent tax returns, pay stubs, account and retirement statements, and any court orders; leave marital money where it is; keep the children's routine steady; and preserve messages and records rather than deleting them. Then request a conflict check. The consultation guide helps you organize priorities.
Attorney advertising. This page provides general information about Illinois law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Legal services are provided through Beermann LLP, 161 N. Clark St., Suite 3000, Chicago, IL 60601. Jonathan D. Steele is licensed to practice law in Illinois. Statutes and rules change; the linked official sources control.