Chicago Divorce Lawyer

Trusted divorce attorneys with over 100 years of combined legal experience.

If you’re facing a divorce in Chicago, Illinois, the decisions made in the coming months will affect your finances, your children, and your future. Our Chicago, IL divorce lawyer at Hurst, Kay, Allen & Stambler, LLC has represented clients through some of the most contested and financially complex divorce cases in the Chicago area. We know how Cook County courts approach these matters. We know how to negotiate hard when negotiation is the right move and how to litigate effectively when it isn’t.

Divorce Attorney Chicago, IL

In Illinois, divorce is legally referred to as the dissolution of marriage. To file, at least one spouse must have lived in Illinois for 90 days before the filing, and the only ground recognized under current Illinois law is irreconcilable differences. That means establishing fault is no longer required. What does remain is the full range of financial and parenting issues that have to be resolved before a divorce can be finalized, including the division of marital property, maintenance, child support, and the allocation of parental responsibilities.

A divorce attorney in Chicago, IL guides you through each of those issues, helps you understand your rights under Illinois law, and advocates for outcomes that reflect what you actually need going forward, not just what’s easiest to agree to under pressure.

Types of Divorce Cases We Handle in Chicago

Divorce looks different depending on who’s involved, what’s at stake, and how willing both parties are to work toward resolution. We handle it all.

• Contested divorce. When spouses can’t reach agreement on one or more issues, the case goes to a judge. We build and present contested divorce cases in Cook County courts with the thoroughness and preparation those proceedings demand.
• Uncontested divorce. When both parties agree on all terms, the process is faster and less expensive. We help clients structure those agreements correctly so they hold up and actually reflect what was intended.
• High net worth divorce. Divorces involving significant assets, closely-held businesses, investment accounts, real estate portfolios, or deferred compensation require a different level of financial analysis. We handle the full scope of complex asset divorce in Chicago.
• Property division. Illinois is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. We fight for property division outcomes that reflect your actual contributions and circumstances.
• Spousal maintenance and alimony. Whether you’re seeking maintenance or contesting a claim for it, the financial stakes are real. We handle maintenance disputes at both the initial divorce stage and in post-decree modification proceedings.
• Child custody. The allocation of parental responsibilities and parenting time is often the most emotionally significant part of a divorce. We approach custody matters with the seriousness they deserve and the preparation they require.
• Legal separation. For couples who aren’t ready to divorce but need to formally separate their finances and living arrangements, legal separation provides a structured alternative.
• Divorce appeals. When a trial court’s decision is wrong, the appellate process is the path forward. Our firm has a strong appellate record in Illinois family law cases, including the Illinois Appellate Courts and the Illinois Supreme Court.
•  Post-divorce. Circumstances change after a divorce is finalized. We handle petitions to modify maintenance, child support, and parenting arrangements when a substantial change in circumstances warrants it.
•  Collaborative divorce. For couples who want to resolve their divorce outside of the courtroom through a structured, cooperative process, we offer collaborative law representation. This approach can be less adversarial and more cost-effective for the right cases.

Why Choose Hurst, Kay, Allen & Stambler, LLC for Divorce in Chicago, IL?

If you’re looking for a family law attorney in Chicago, IL who handles divorce at its most complex, our firm has the experience to help.

Four Decades of Financial and Courtroom Depth

Brian J. Hurst has limited his practice entirely to matrimonial and family law since entering the profession and has been a partner since 2007. His courtroom record includes a novel legal argument that resulted in the accumulated earnings of a closely-held non-marital corporation being recognized as marital property, a result that required both creative legal analysis and the ability to execute that argument before a skeptical court. He also secured sole custody for clients in two separate contested cases where court-appointed evaluators and the clients’ own experts had recommended the outcome go the other way. These aren’t the kinds of results that happen without serious preparation and courtroom ability.

John Kay has practiced exclusively in family law since 1992. More than 30 years of divorce work in Chicagoland courts gives him a practical understanding of how these cases actually move, what judges respond to, and where the real leverage points are in a negotiation.

Neil Robin brings over 36 years of matrimonial experience to the firm, with a well-established reputation as an aggressive trial lawyer in contested divorce proceedings. His record across thousands of matrimonial matters reflects the kind of depth that only comes from decades of sustained focus on a single practice area.

Recognized Appellate Strength

Olga A. Allen has practiced exclusively in family law since 2007 and has prevailed in both the Illinois Appellate Courts and the Illinois Supreme Court. Her appellate record includes decisions across some of the more difficult and contested family law questions Illinois courts have addressed. In 2024 and 2025, she was named a Super Lawyer by Super Lawyers Magazine, a distinction given to only 5% of attorneys in Illinois. She was a Rising Star from 2016 through 2022.

Olga Stambler brings 30 years of family law experience, a corporate litigation background from firms in New York and Chicago, and recognized standing as a Cook County Domestic Relations Division court-approved mediator. She is a fellow of Collaborative Divorce Illinois and a member of the International Academy of Collaborative Professionals. Her corporate background is a genuine asset in the financial analysis that high-asset divorce requires.

When a divorce case reaches the appellate level or involves financial complexity that demands real analytical rigor, this firm has the attorneys who can handle it.

Chicago Divorce Infographic

Understanding Divorce Cases in Chicago

Property Division, Maintenance, and the Financial Framework

Illinois divides marital property under an equitable distribution standard. That means the court divides assets fairly based on a range of factors, not automatically down the middle. Marital property generally includes everything acquired during the marriage, while non-marital property, such as assets brought into the marriage or received as inheritance, is typically excluded from division.

Key financial issues in an Illinois divorce include:

• Marital vs. non-marital property classification. What counts as marital property isn’t always obvious, particularly when separate property has been commingled with marital funds or when a business has grown significantly during the marriage.
• Business valuation. Closely-held businesses require professional valuation, and the methodology used can significantly affect the outcome.
• Retirement accounts and pensions. These are often among the most valuable marital assets and require specific legal instruments, such as a Qualified Illinois Domestic Relations Order, to divide properly.
• Maintenance. Illinois courts consider a range of statutory factors when determining whether maintenance is appropriate, in what amount, and for how long. The financial conduct of both parties during the marriage can be relevant.

Important Aspects of Your Divorce Case

A few things tend to have an outsized effect on how a divorce plays out:

• Early financial documentation matters. Gathering records of assets, debts, income, and spending before things get contentious gives you a stronger position from the start. Our blog covers getting organized before divorce as a starting point.
• How you conduct yourself affects your case. Judges in Cook County see a lot of divorces. Behavior that looks vindictive, financially reckless, or designed to harm the other party rarely helps your position.
• Temporary orders set the tone. In contested cases, early temporary orders on support and parenting time often persist longer than expected. Getting those right from the beginning matters.

Typical Divorce Case Timeline in Illinois

Every case is different, but here’s a general sense of how divorce proceedings unfold in Cook County:

• Filing and service: One spouse files a petition for dissolution of marriage. The other spouse is served and has time to respond.
• Temporary orders: The court may enter temporary orders covering support, parenting time, and use of the marital home while the case is pending.
• Discovery: Both parties exchange financial information, including tax returns, bank statements, retirement account records, and business documents.
• Negotiation or mediation: Many divorces settle before trial. Benefits of divorce mediation can be significant for the right cases, both in terms of cost and outcome quality.
• Trial: If the case doesn’t resolve, it proceeds to an evidentiary hearing before a judge. Illinois divorce cases are decided by judges, not juries.
• Judgment: The court enters a judgment for dissolution of marriage incorporating the agreed or decided terms.

What to Bring to Your Divorce Consultation

Before your first meeting, gather what you can:

• Recent tax returns for both spouses, ideally the past two to three years
• Bank, investment, and retirement account statements
• Documentation of significant assets, including real estate deeds, vehicle titles, and business ownership records
• A general picture of household income and monthly expenses
• Any existing agreements, such as a prenuptial agreement, if one exists

Come prepared to be direct about the full picture of your marriage and finances. The more we understand at the outset, the better positioned we are to develop a strategy that actually works for your situation.

Illinois Legal Resources for Divorce

The following Illinois statutes and court resources provide important background for anyone navigating a divorce in Chicago:

• The Illinois Marriage and Dissolution of Marriage Act is the primary statute governing divorce in Illinois, covering grounds, property division, maintenance, and parental responsibilities.
• The Illinois Compiled Statutes on Child Support address how child support is calculated and enforced in Illinois divorce and parentage proceedings.
• The Cook County Domestic Relations Division handles all dissolution of marriage proceedings filed in Cook County.
• The Illinois Department of Healthcare and Family Services provides information on child support services and enforcement in Illinois.
• The Illinois State Bar Association Family Law Section offers resources for individuals involved in divorce and family law proceedings throughout the state.

Reach Out to Hurst, Kay, Allen & Stambler, LLC to Schedule a Consultation

Divorce cases move quickly once they’re filed, and the decisions made in the early stages shape everything that follows. At Hurst, Kay, Allen & Stambler, LLC, we work with Chicago clients through every phase of the divorce process, from the initial filing through trial and appeal when necessary. Most clients hear back from our office within one business day. Contact us to schedule your consultation.

Divorce Statistics in Chicago

Divorce is common throughout Illinois, though the state’s overall rate is among the lowest in the country. The Illinois Department of Public Health records tens of thousands of dissolutions annually, with Cook County accounting for the largest share given its population concentration. The CDC National Center for Health Statistics puts Illinois’s divorce rate at approximately 1.3 per 1,000 residents, reflecting a national trend of declining divorce rates over the past two decades. Despite that relatively low figure, the U.S. Census Bureau reports that roughly 10% of Cook County’s adult population is currently divorced or separated. The Cook County Domestic Relations Division processes thousands of new filings each year. For anyone in the middle of a dissolution proceeding, the aggregate statistics are largely irrelevant. What matters is how the case is handled and what the outcome is for that individual client.

Factors That Affect the Outcome of Your Divorce Case

No two divorces resolve the same way. Certain factors consistently shape what happens on financial issues, parenting arrangements, and everything in between.

• Length of the marriage. Illinois courts weigh the duration of the marriage heavily in maintenance determinations and property division. Longer marriages tend to involve more intertwined financial circumstances and a stronger basis for maintenance awards.
• Income and earning capacity of both spouses. Courts consider actual income and what each party is capable of earning. A spouse who voluntarily reduced their income during the marriage, or left the workforce entirely, is assessed differently than one who maintained consistent earnings throughout.
• Classification of assets. Whether property is marital or non-marital is frequently contested. Commingled funds, business growth during the marriage, and the use of separate property to improve marital assets all create questions that require careful documentation. The same careful analysis applies to dividing debt during divorce, as liability allocation can be just as contested as asset distribution.
• Parenting history and involvement. In custody disputes, courts look at which parent managed day-to-day responsibilities. School pickups, medical appointments, and daily routines are part of the evidentiary record. Clients dealing with parental relocation after a divorce face additional legal considerations under Illinois law.
• Conduct during the proceedings. How a party behaves once a case is filed is part of the record. Hiding assets, making impulsive financial decisions, or appearing to act vindictively rarely helps a client’s credibility before a Cook County judge.
• Presence of a prenuptial agreement. A valid premarital agreement can define property rights, limit maintenance, and narrow the scope of financial disputes significantly. If one exists, its enforceability is often one of the first questions in a case. Our attorneys have handled matters involving prenuptial agreements both as a protective tool and as a contested issue.
• Whether the case settles or goes to trial. Contested proceedings in Cook County take considerably longer than negotiated agreements and carry more uncertainty. A party’s willingness to engage in good-faith settlement discussions directly affects cost and timeline.

Chicago Divorce Lawyer FAQs

How long does a divorce take in Chicago, IL?

Uncontested divorces can be finalized relatively quickly once the mandatory waiting period has passed and all paperwork is in order. Contested cases in Cook County take considerably longer, often a year or more depending on the complexity of financial issues, custody disputes, and the court’s docket.

What is the difference between marital and non-marital property?

Marital property generally includes assets and debts acquired during the marriage, regardless of whose name appears on the title. Non-marital property includes assets owned before the marriage, inheritances, and gifts that were kept separate. Commingling of funds and business growth during the marriage frequently create classification disputes.

Does Illinois require a separation period before filing?

No formal separation period is required before filing. However, if a spouse contests the divorce, living separately for at least six months creates a legal presumption that the marriage is irreconcilably broken, which simplifies the grounds question in a contested case.

How is child custody determined in Illinois?

Illinois calls this the allocation of parental responsibilities. Courts address decision-making authority over major issues like education, healthcare, and religion, as well as parenting time schedules. Both are determined based on the best interests of the child, considering each parent’s involvement, the child’s adjustment to home and school, and each parent’s willingness to support the other’s relationship with the child.

Can I get spousal maintenance in an Illinois divorce?

Maintenance is not automatic. Courts consider each spouse’s income and earning capacity, the length of the marriage, each party’s needs, the standard of living during the marriage, and each party’s contributions to the other’s career or education. Both spouses may seek it.

What happens to retirement accounts in an Illinois divorce?

Retirement accounts accumulated during the marriage are generally marital property. Dividing them properly requires a Qualified Illinois Domestic Relations Order directing the plan administrator to transfer the appropriate portion. Without this instrument, a direct transfer can trigger unintended taxes and penalties.

Can my spouse refuse to sign divorce papers in Illinois?

A spouse cannot prevent a divorce by refusing to participate. Illinois is a no-fault state, and a dissolution can proceed over the other party’s objection. If a spouse does not respond after service, the case can move forward by default. Many clients come in wondering what happens when a spouse refuses to sign or engage, and understanding this early can help set realistic expectations for how the process will unfold.

What is a gray divorce?

Gray divorce refers to marriages ending between spouses over 50, often after long marriages. Social Security benefits, pension division, and reduced future earning capacity all require close attention. Health insurance coverage and the tax implications of asset transfers also carry greater weight when retirement is near or already underway. Divorcing later in life presents a financial picture that is often more complex than in divorces involving younger couples with more working years ahead of them.

How much does a divorce attorney cost in Chicago?

Attorney fees depend on whether the case is contested, the complexity of financial issues, and how much court time is required. Contested cases involving significant assets or custody disputes require more time and often additional financial professionals. Our firm discusses fee structure at the initial consultation.

What should I look for when hiring a divorce lawyer in Chicago?

Focus on Cook County experience specifically, familiarity with the financial issues your case involves, and a direct assessment of what’s realistic. A strong divorce attorney in Chicago, IL is prepared to negotiate firmly and to litigate effectively when necessary.

Local Information for Chicago Divorce Cases

Chicago Family Court and Local Resources

Divorce cases in Chicago are heard in the Domestic Relations Division of the Circuit Court of Cook County, located at the Richard J. Daley Center, 50 W. Washington Street, Chicago, IL 60602. All dissolution of marriage petitions filed in Cook County pass through this division, which is organized by assigned judge calendars. The same judge typically handles a case throughout, which means early impressions matter. The Cook County Domestic Relations Division provides court rules, judicial assignments, and procedural information for pending cases.

What Are Important Local Resources for Chicago Divorce Cases?

The following resources may be relevant to individuals involved in a divorce proceeding in Chicago. Their inclusion here is informational only. Hurst, Kay, Allen & Stambler, LLC does not endorse any of the organizations listed below.

• Cook County Domestic Relations Division | Richard J. Daley Center, Room 802, 50 W. Washington St., Chicago, IL 60602 | (312) 603-3025
• Cook County Child Support Services | 28 N. Clark St., 2nd Floor, Chicago, IL 60602 | (312) 603-0900
• Illinois Department of Healthcare and Family Services | 401 S. Clinton St., Chicago, IL 60607 | (800) 447-4278 | Statewide child support services and enforcement
• Illinois State Bar Association Family Law Section | 20 S. Clark St., Suite 900, Chicago, IL 60603 | (312) 726-8775

About Hurst, Kay, Allen & Stambler, LLC

Hurst, Kay, Allen & Stambler, LLC is a Chicago family law firm focused exclusively on domestic relations matters, with over 100 years of combined legal experience. The firm’s appellate record includes decisions in both the Illinois Appellate Courts and the Illinois Supreme Court, including the precedent-setting In re Marriage of Gutman, 232 Ill.2d 145 (2008). Our firm serves clients from its Chicago office at 30 N. La Salle Street and a satellite location in Lake Forest.

What Our Clients Say

★★★★★

“I cannot recommend John Kay at Hurst, Robin, Kay & Allen, LLC highly enough. My divorce was exceptionally complicated due to my ex-husband’s mental illness, but John navigated the situation with profound honesty, ethics, and a level of strategy that I didn’t think was possible.”

— Kathleen Notter-Mulcahy

Read more reviews on our Google Business Profile.

Contact Hurst, Kay, Allen & Stambler, LLC

Divorce cases in Chicago, IL move on a court-driven schedule, and the decisions made early in any proceeding have lasting consequences. Hurst, Kay, Allen & Stambler, LLC handles the full range of dissolution matters, from straightforward uncontested divorces to complex contested cases involving significant assets and custody disputes. New clients typically hear back from our office within one business day. Contact us to schedule your consultation with our Chicago divorce lawyer.