Chicago Family Law Attorney

Our Chicago family law team understands how deeply personal and legally complex family matters can be. Whether you’re facing divorce, child custody disputes, international custody questions, or support modifications, the right legal strategy can make a defining difference.

We leverage decades of experience in Illinois family law to guide you toward outcomes that protect your rights, preserve dignity, and promote long-term stability for you and your children.

Areas of Practice & What You Should Know

Below is a more detailed look into key practice areas we handle, along with practical considerations, pitfalls, and examples of how we help clients navigate them.

Child Custody & Parenting Time

• Best Interests Standard: Illinois courts decide custody based on the “best interests of the child,” evaluating parental fitness, mental/physical health, the child’s adjustment to home/school/community, and parenting time.
• Joint vs. Sole Custody: We help clients understand when joint decision-making is workable, and when sole decision-making may better protect the child (e.g., in high conflict or relocation scenarios).
• Relocation & International Moves: If a parent wants to move with a child—domestically or across borders—we analyze legal barriers, necessary permissions, and how to prepare compelling arguments.
• Modification Requests: As children mature or circumstances change, custody orders may need revisiting. We assist clients who seek modification or defend against them.

Example: When one parent accepted a job in a different city, our firm prepared a detailed parenting proposal showing continued stability for the child (school plans, visitation schedule) and negotiated with the other parent to avoid costly litigation.

Child Support & Maintenance

• Illinois Child Support Formula: Support is calculated using statutory worksheets, but real life often demands adjustments based on extraordinary expenses like medical, education, or special needs.
• Support Enforcement & Contempt: We pursue enforcement (including wage garnishment, liens, contempt) when a parent falls behind.
• Modifications Over Time: If income changes significantly (loss of employment, disability, new children), we help request or contest modifications.
• Spousal Maintenance (Alimony): Illinois law allows for spousal maintenance under certain thresholds. We evaluate length of marriage, income disparity, and future employability in crafting arguments for or against maintenance.

Divorce & Property Division

• Equitable Division: Illinois is an equitable division state—not always 50/50. We present how assets, debts, and contributions are assessed to reach fair division.
• Hidden Assets & Retirement Plans: Our team digs into pension and retirement accounts, business valuations, and financial disclosures to avoid unfair surprises.
• Negotiation & Settlement Strategy: We emphasize mediation and settlement when viable, but maintain readiness for litigation if the other side is unreasonable.
• Tax & Post-Decree Issues: After settlement, we help clients understand tax consequences, required filings, and steps to enforce or revisit post-judgment issues.

International & Cross-Border Family Law

• International Custody / Abduction: We navigate treaties (e.g., The Hague Convention), procedures for international enforcement, and cross-jurisdictional filings.
• Intercountry Moves & Visas: When one parent wants to relocate with children to another country, we assess legality, immigration implications, and how to structure agreements to minimize risk.
• Foreign Orders Compliance: We assist clients in making foreign judgments recognized and enforceable in Illinois courts.

Additional Family Law Services

• Prenuptial & Postnuptial Agreements: When couples want to set clear financial rules, we help draft enforceable agreements that respect public policy and Illinois requirements.
• Orders of Protection & Domestic Violence: We represent clients seeking protective orders, enforcing them or challenging undue ones, particularly when child access is involved.
• Mediation & Collaborative Law: For clients who prefer less adversarial paths, we participate in mediation and structured settlement processes.
• Appeals: When a party is dissatisfied with a final court order, we can handle appellate briefing and argument to challenge errors.

Managing Your Finances During Divorce (Expanded Guidance)

Divorce is economic as well as emotional. Below are actionable steps and warnings to safeguard your future.

1. Analyze the Prenuptial / Postnuptial Agreement

• • Verify enforceability under Illinois law (full disclosure, fairness, absence of coercion).
  • Understand carve-outs (e.g., business interests, inheritances) and possible loopholes.

1. Separate and Document Assets

• • Open individual accounts immediately to document separate income and expenses.
  • Freeze the balance on joint accounts as of a key date.
  • Create a detailed net worth statement including all accounts, real estate, investments, debts, and liabilities.

1. Valuation of Nonliquid Assets

• • Engage appraisers for real estate, business valuations, and retirement accounts.
  • Anticipate depreciation or illiquidity risks.

1. Tax Considerations

• • Consult tax advisors for sale of shared assets, filing status, alimony deductions (if applicable), and capital gains.
  • Plan for how spousal maintenance or property transfers might affect your tax exposure.

1. Budgeting for New Reality

• • Project post-divorce monthly expenses: housing, education, insurance, healthcare.
  • Factor in transitional costs: relocation, duplicate household setup, legal fees, child-related costs.

1. Guard Against Financial Abuse

• • Close or monitor credit accounts to prevent unilateral debt taken during the divorce process.
  • Monitor any hidden transfers or “gifting” of assets prior to filing.

1. Enforce & Monitor Support
   • After divorce, stay proactive in tracking payments, updating orders if needed, and taking legal action swiftly in case of non-payment.

Family-Centering the Process: 5 Tips When Children Are Involved

When separation becomes inevitable, your approach to children can shape their emotional and psychological well-being:

1. Communicate Gently and Truthfully
   Help children understand what is changing, in age-appropriate ways, and avoid blaming the other parent.
2. Preserve Both Relationships
   Where safe and appropriate, support your child’s consistent contact with both parents—unless a court finds it harmful.
3. Avoid Parental Conflict in Front of Kids
   Keep disagreements private. Children should not be used as messengers or emotional leverage.
4. Establish Predictable Routines
   Stability and routine (meals, school, holidays) give children security amid uncertainty.
5. Seek Professional Help When Needed
   Therapists, counselors, or child specialists can serve as advocates in high-tension cases.

Chicago Family Law Infographic

Chicago Family Law Statistics

Child custody statistics in the United States reveal significant trends and disparities in how custody is awarded to parents. As of 2018, approximately 12.9 million custodial parents were responsible for 21.9 million children under the age of 21, indicating that over one in four American children live with only one parent.

Gender plays a notable role in custody decisions. Historically, mothers have been awarded custody more frequently than fathers. In 2018, about 80% of custodial parents were mothers, while fathers accounted for 20%. This trend has been attributed to various factors, including traditional gender roles and the perception of mothers as primary caregivers.

 

Chicago Family Law Statistics (Retained & Expanded)

Your page already includes:

Child custody statistics in the United States reveal significant trends … In 2018, approximately 12.9 million custodial parents were responsible for 21.9 million children … around 80% of custodial parents were mothers, 20% fathers.

We retain those to preserve continuity and trust. In addition, you could consider adding data such as:

• Percentage of custody modifications within a 5-year timeframe
• Average duration of contested divorces in Cook County
• Success rates of mediation vs. litigation in Illinois family courts

Chicago Family Law FAQs

Is Illinois a no-fault state?

Yes. Illinois is a no-fault divorce state, meaning you don’t have to prove wrongdoing such as adultery or abuse to end your marriage. Since 2016, “irreconcilable differences” is the only required ground for divorce. In practice, this means that as long as one spouse states the marriage has broken down beyond repair, the court will allow it to proceed. This simplifies the process and helps families avoid unnecessary conflict.

How does the court determine child custody?

Illinois law refers to “parental responsibilities” and “parenting time” instead of traditional custody terms. A judge considers multiple factors—each parent’s mental and physical health, history of caregiving, stability of living arrangements, and proximity to school and community resources. The court’s priority is always the child’s best interests. Working with an experienced Chicago family law attorney ensures that your parenting plan clearly reflects your child’s needs and your parental strengths.

How long does a divorce take in Illinois?

Divorce timelines vary widely depending on complexity, cooperation, and local court schedules. An uncontested divorce with full agreement on finances and parenting may finalize in as little as three months, while contested cases—especially those involving business assets or custody disputes—can take a year or longer. On average, Illinois divorces range between three and 18 months. A well-prepared filing and organized documentation can significantly reduce delays.

How do I file for divorce in Illinois?

To start the process, you must file a “Petition for Dissolution of Marriage” in the circuit court of the county where either spouse resides. Illinois does not impose a waiting period before filing, but at least one spouse must have lived in the state for 90 days before a divorce judgment is entered. Once the petition is filed, the other spouse is formally served and must respond, initiating the case timeline.

What happens if I am served with a petition for divorce?

If you’re served with divorce papers in Illinois, you have 30 days to file an appearance or have your attorney do so on your behalf. Failing to respond can result in a default judgment—meaning the court could grant your spouse’s requested terms without your input. Contacting a family law attorney immediately helps protect your rights and ensures your side of the story is represented from the start.

Can I request financial support while the divorce is pending?

Yes. During a pending divorce, Illinois courts can order temporary support to help balance income disparities between spouses. This “temporary relief” may include maintenance (spousal support), child support, or shared payment of household expenses until the final judgment is entered. It’s intended to keep financial stability while legal proceedings are ongoing, not as a final determination of long-term support.

Can my partner and I both use your firm for a prenuptial agreement?

No. Even though you’re planning a life together, ethical rules prohibit the same attorney or law firm from representing both parties in a prenup. Each person needs independent legal counsel to ensure fairness, transparency, and full protection of individual interests. This doesn’t indicate mistrust—it ensures that both partners understand and agree to the terms under Illinois law.

Can we discuss children in our prenuptial agreement?

While you can plan for many financial aspects before marriage, Illinois law does not allow parents to predetermine custody, parenting time, or child support before a child is born. These matters are always decided by the court based on the child’s best interests at the time of divorce or separation. Your prenuptial agreement can still outline financial expectations, property rights, and spousal support obligations.

What happens if I do not provide all of my financial information for the prenup?

Full disclosure is essential. If you fail to list assets, hide property, or provide incomplete financial details, your prenuptial agreement may later be challenged and possibly invalidated. Courts require honesty and transparency when drafting enforceable contracts. Providing comprehensive documentation helps ensure your prenup will stand up in court and protect your property if divorce occurs.

Is a legal separation different from a divorce?

Yes. A legal separation allows spouses to live apart and make temporary decisions about child support, maintenance, and property without dissolving the marriage. It can serve as a trial period for reconciliation or a structured way to manage finances and parenting while remaining legally married. Unlike a divorce, a separation does not restore you to single status, so remarriage is not permitted during this time.

What does it mean to have an uncontested divorce?

An uncontested divorce occurs when both spouses agree on all major issues—property division, debt allocation, parenting arrangements, and support. Couples who resolve these matters through cooperation, mediation, or a prenuptial agreement avoid lengthy trials and reduce legal costs. Uncontested divorces typically proceed faster and with less emotional strain.

Common elements agreed upon in uncontested divorces include:

• Spousal maintenance (alimony) terms
• Division of real estate, personal property, and investments
• Ownership of family pets
• Child custody and parenting time schedules
• Visitation arrangements for travel within or outside the U.S.

What factors influence spousal maintenance (alimony) in Illinois?

Courts assess multiple factors, including income disparity, duration of marriage, lifestyle during the marriage, age and health of both parties, and each person’s future earning capacity. Longer marriages and larger income gaps often result in higher or longer maintenance awards. A lawyer can help you evaluate likely outcomes and negotiate fair terms.

What if my spouse refuses to pay child support or alimony?

Failure to pay court-ordered support can lead to enforcement actions such as wage garnishment, liens, property seizure, or contempt proceedings. Illinois law treats nonpayment seriously, and timely legal intervention can protect your rights. Keep detailed payment records and contact your attorney immediately if a violation occurs.

Can a custody order be changed after it’s finalized?

Yes. Custody (parental responsibility) and parenting time orders can be modified when there’s a substantial change in circumstances—such as relocation, remarriage, job loss, or concerns about a child’s welfare. Courts typically require proof that the change benefits the child’s best interests before approving adjustments.

How much does a typical divorce cost in Chicago?

The cost varies depending on whether the case is contested, how much negotiation is needed, and whether experts (e.g., appraisers, psychologists) are involved. Uncontested divorces may cost a few thousand dollars, while contested cases can reach significantly more. During your consultation, your attorney can outline potential fees and cost-saving strategies such as mediation.

When should I avoid signing a settlement proposal?

Never sign any agreement without having an attorney review it. You should avoid signing if you feel pressured, unsure of long-term implications, or if financial information from your spouse seems incomplete. Once signed and approved by the court, settlement terms are difficult to modify. Having a lawyer review your documents ensures you understand every clause before committing.

Family Law Glossary

When family changes arise, the legal landscape can shift quickly. Whether we’re discussing a child’s daily schedule or major life transitions, it’s critical to understand the terminology behind each decision. Having clarity on key legal terms can help us communicate better with our attorneys, avoid confusion during proceedings, and make more informed decisions. In this glossary, we cover five essential terms often encountered when working with a Chicago family law attorney. Each entry provides more than just a definition—we explain its practical meaning and legal context under Illinois law.

Parental Responsibilities

In Illinois, the phrase “parental responsibilities” has replaced the older term “custody.” It includes two main components: decision-making authority and parenting time. Courts may allocate decision-making between parents across major areas such as education, healthcare, religion, and extracurricular activities. This allocation can be shared or given solely to one parent.

Parenting time, formerly referred to as visitation, refers to where and when a child resides with each parent. We help clients prepare detailed parenting plans that reflect their child’s routine, school calendar, and holiday preferences. Parental responsibilities are always guided by what the court determines to be in the child’s best interests.

Allocation Judgment

The “Allocation Judgment” is the legal document that outlines how parental responsibilities and parenting time are divided. It becomes part of the final court order in a divorce or custody case. The judgment addresses who will make decisions for the child and sets a clear parenting schedule.

If a dispute arises later, this document is what courts rely on. That’s why we draft allocation judgments carefully, often including provisions for dispute resolution (e.g., mediation clauses) and language covering future changes. It’s more than a schedule—it’s a long-term parenting roadmap.

Equitable Distribution

Illinois applies the principle of equitable distribution when dividing marital property. This doesn’t mean property is always split 50/50. Instead, the court looks at several factors such as the length of the marriage, contributions by each spouse (including non-financial), earning capacity, and whether one spouse wasted assets during the marriage.

We assist clients in preparing complete financial disclosures and advocate for fair asset and debt allocation based on their individual contributions and future needs. Equitable distribution applies to real estate, savings, retirement accounts, and even business interests. Property acquired before the marriage or through inheritance is typically excluded unless commingled.

Spousal Maintenance

Spousal maintenance, sometimes referred to as alimony, is financial support paid from one spouse to the other following a separation or divorce. Illinois uses a statutory formula for many cases, but courts also consider factors such as the length of the marriage, income disparity, standard of living during the marriage, and each party’s ability to become self-supporting.

We guide clients in determining whether maintenance is appropriate and help build arguments to support or oppose an award. When appropriate, we also negotiate maintenance buyouts or temporary support agreements that align with the financial reality of both parties.

International Custody Disputes

International custody matters often involve relocation across borders, enforcement of foreign orders, or potential child abduction claims. These cases may trigger treaties like the Hague Convention on the Civil Aspects of International Child Abduction, which provides a legal framework for returning a child to their habitual residence.

We represent clients on both sides—whether they are trying to prevent an unlawful relocation or secure a child’s return. These cases require coordination across jurisdictions, including immigration considerations, travel restrictions, and compliance with foreign and U.S. court orders. Timing and documentation are critical in these high-stakes disputes.

At Hurst, Robin, Kay & Allen, LLC, we know how important it is to understand the legal language surrounding family matters. Whether you’re revisiting a parenting agreement or dividing retirement accounts, our attorneys are here to walk you through every step with clarity and care.

If you’re preparing for divorce or have questions about your legal rights as a parent or spouse, we’re ready to assist. Contact us today to schedule a consultation with an experienced Chicago family law attorney.

Hurst, Robin, Kay & Allen, LLC Chicago Family Lawyer

Chicago Office
30 N La Salle St #1210, Chicago, IL 60602
New Clients: 312-854-7670 | Existing Clients: 312-782-2400

Contact Our Chicago Family Law Attorney Today

At Hurst, Robin, Kay & Allen, LLC, we take pride in delivering results-driven, compassionate legal representation for every client. Our Chicago family law attorneys bring decades of combined courtroom and negotiation experience, guided by a deep understanding of Illinois family law. We approach each case with empathy and precision, knowing that your family, future, and financial stability are on the line.

From the first consultation to final judgment, you can expect clear communication, transparency, and an action plan tailored to your unique circumstances. We explain every step of the process so you can make confident, informed decisions. Whether your case involves property division, custody, child support, or maintenance, we advocate relentlessly for your rights and the long-term well-being of your family.

If you are preparing to divide property, address child custody concerns, or navigate any aspect of divorce or separation, our attorneys are ready to help. Our firm has guided thousands of individuals and families across Chicago and the surrounding suburbs through complex family law matters. We understand how emotionally draining and legally demanding these cases can be—and we’re here to handle the legal stress so you can focus on moving forward.

Having seasoned legal counsel makes a measurable difference in achieving fair outcomes and avoiding costly mistakes. We invite you to schedule a confidential consultation to discuss your goals, review your options, and create a strategy that safeguards your interests. With our team by your side, you can move forward with confidence, clarity, and peace of mind, knowing your case is in capable and dedicated hands.

Client Review

“John Kay handled my divorce. He made a very difficult situation manageable. He listened to me, responded in a timely manner and was not afraid to challenge the opposing attorney. I would recommend him to anyone facing this difficult life choice.” Liz Nesbit