Frequently Asked Questions
Straight answers to the questions Will County families ask about Illinois divorce, custody, child support, real estate, DUI, and bankruptcy, from an attorney who has argued them for 30 years.
Frequently Asked Questions
Straight answers on Illinois divorce, custody, real estate, DUI, and bankruptcy from a Will County attorney. Search, or pick a practice area.
It depends almost entirely on how much is contested. Will County charges a filing fee to the petitioner and an appearance fee to the respondent, set by the county fee schedule, and the current figures are on the page explaining what a Will County divorce costs. Attorney fees are the larger number: an agreed divorce with a signed settlement takes a fraction of the time of one that goes to hearings over parenting time or property.
Yes. Because Illinois is a no-fault state, you do not need your spouse's agreement to end the marriage. If your spouse does not respond to the filing, the court can still move the case forward and enter a judgment.
Not always. Many Illinois divorces settle out of court through negotiation or mediation, with only a brief final hearing to enter the judgment. If key issues cannot be agreed, a judge decides them at trial. We aim to settle where it serves you and litigate when we must.
In an uncontested divorce, both spouses agree on all of the terms, including property, support, and parenting. In a contested divorce, one or more of those issues is in dispute and may require negotiation, mediation, or a court decision. Uncontested cases are usually faster and less expensive.
No. Illinois is an equitable distribution state, not a community property state. Marital assets are split in a way the court considers fair based on the circumstances, rather than automatically divided down the middle.
It depends on the facts. The house may be sold and the proceeds divided, or one spouse may keep it and offset its value against other assets. The court considers who contributed to it, whether children will live there, and each spouse's ability to afford it. We help you weigh the practical and financial tradeoffs.
Both spouses are required to disclose their finances fully during an Illinois divorce. If we suspect assets are being concealed, we can use formal discovery tools, subpoenas, and financial records to uncover them. Hiding assets from the court can carry serious consequences for the spouse who does it.
The duration is tied to the length of the marriage through a set of statutory percentages, so a longer marriage generally means a longer maintenance term. For marriages of 20 years or more, a court may order maintenance for a period equal to the length of the marriage or for an indefinite term. The exact figure depends on your specific facts.
Often, yes. Maintenance can usually be modified when there is a substantial change in circumstances, such as a significant income change or a job loss. It typically ends if the person receiving it remarries or begins living with a new partner on a continuing, conjugal basis. Some agreements limit or waive the right to modify, so the wording matters.
Parenting time is the schedule that determines when the child is with each parent. Decision-making responsibility is the authority to make major choices about the child's education, health, religion, and activities. Parents may share these, or the court may allocate them based on the child's best interests.
Not without following Illinois relocation rules. For a parent in Will County and the other collar counties, a planned move of more than 25 miles counts as a relocation that requires written notice and, if the other parent objects, court approval. The court decides based on the child's best interests, so it is important to follow the process correctly.
Yes. Parenting arrangements can be modified when circumstances change and a change would serve the child's best interests. Some modifications, especially within the first two years, face a higher legal standard. We can advise whether your situation supports a change.
It can. Under Illinois law, a court can order parents to contribute to the college and educational expenses of a non-minor child, including tuition, housing, and related costs. This is decided separately from regular child support and depends on the parents' resources and the child's needs.
Yes. Child support can be reviewed and changed when there is a substantial change in circumstances, such as a shift in either parent's income or in the child's needs. We can help you request a modification or respond to one.
Yes. Since 2016, Illinois recognizes only one ground for divorce, irreconcilable differences, so you do not have to prove that either spouse did anything wrong. The court looks at whether the marriage has broken down and cannot be repaired, not at who was at fault. If you are weighing whether to file, call Jeff at (815) 838-5297 to talk through what that means for your case.
It depends on how much the two sides agree. An uncontested divorce where both spouses agree on every issue can sometimes finish in a few months, while a contested case involving disputes over property, support, or parenting can take a year or more. We work to resolve matters as efficiently as your situation allows. Call Jeff at (815) 838-5297 for a realistic timeline based on your facts.
Usually a few months from filing to judgment in Will County, sometimes less. An uncontested divorce under 750 ILCS 5/452 requires a signed marital settlement agreement, and Illinois presumes irreconcilable differences once spouses have lived separate and apart for six months under 5/401(a-5). The calendar of the assigned Joliet courtroom sets the final date.
As of 2026, filing a dissolution petition in Will County costs $369, and filing an appearance as the respondent costs $244, per the Circuit Clerk of Will County's fee schedule effective July 12, 2026 and updated September 3, 2026. If your spouse does not accept papers voluntarily, the Sheriff's Office charges its own separate fee for service of process, which varies by where the other party has to be found, on top of smaller costs like subpoena fees and certified copies. Filing fees are only part of the total cost of a case. Call Jeff at (815) 838-5297 for a clear picture of the likely fees in your situation before you commit to anything.
Illinois follows equitable distribution, which means marital property is divided fairly, though not always equally. The court weighs factors such as each spouse's contributions, the length of the marriage, and each person's economic circumstances, and property you owned before the marriage is generally treated as non-marital and stays with you. Illinois is not a community property state, so there is no automatic 50/50 split. Call Jeff at (815) 838-5297 to go over what that likely means for your assets.
There is no rule that the person on the deed automatically keeps the house, and no rule that it splits evenly. Illinois divides marital property in just proportions under 750 ILCS 5/503, and a judge weighs factors like each spouse's contributions, the marriage length, and whether it serves the children for the home to go to the parent with primary custody. Most cases end in selling and splitting proceeds, one spouse buying out the other, or one spouse keeping the house and refinancing the mortgage into their own name. Call Jeff at (815) 838-5297 to talk through what makes sense for your house.
For most couples, Illinois uses a statutory guideline formula. The guideline amount is 33.3 percent of the payer's net annual income minus 25 percent of the receiver's net annual income, and the maintenance plus the receiver's own net income cannot exceed 40 percent of the couple's combined net income. These guidelines apply when the spouses' combined gross income is under $500,000, and the duration is tied to the length of the marriage through a set of statutory percentages. Call Jeff at (815) 838-5297 to see how the formula applies to your numbers.
Illinois no longer uses the word custody. Instead, courts allocate parental responsibilities, which cover decision-making, and parenting time, which is the schedule with each parent, and every decision is guided by the best interests of the child. Judges weigh factors like each parent's involvement, the child's needs, and the family's existing routine. Call Jeff at (815) 838-5297 to discuss how these factors apply to your family.
It depends on the county. Under 750 ILCS 5/600(g), if your child's home is in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles within Illinois counts as a relocation, and in any other Illinois county the threshold is more than 50 miles. Moving out of state counts as relocation once you are more than 25 miles from the child's current home, and relocating requires written notice to the other parent and, if they object, court approval. Call Jeff at (815) 838-5297 before you make plans, so the move is not put at risk.
Illinois uses the income shares model under 750 ILCS 5/505. Each parent's net monthly income is calculated using the state's conversion table, the two incomes are combined and looked up on the Illinois Schedule of Basic Child Support Obligations, and that basic obligation is split between the parents based on each one's share of the combined income. Parenting time also factors in, since once each parent has the child for 146 or more overnights a year the calculation adjusts to reflect that both households cover day to day costs. Call Jeff at (815) 838-5297 to see what the guidelines suggest for your situation.
Under Illinois Supreme Court Rule 101(d), you generally have 30 calendar days from the date of service to file an appearance and typically an answer. The day you were served does not count toward the total, and weekends and holidays count too, though a deadline landing on one usually pushes to the next business day. Missing this window risks a default judgment, where the court can grant what your spouse asked for without hearing your side. Call Jeff at (815) 838-5297 as soon as you are served, not after the deadline passes.
Under 750 ILCS 5/401(a), the court can enter a divorce judgment when at least one spouse has been an Illinois resident, or stationed here in the armed services, for the 90 days before the case is commenced or the finding is made. Only one spouse needs to meet that requirement, and you can file before the 90 days are up. Call Jeff at (815) 838-5297 to ask how the timing applies to you.
Yes, but the bar is high. Under 750 ILCS 5/602.9, a grandparent must first meet one of five standing conditions, such as a parent being deceased, incompetent, incarcerated for more than 90 days, the parents being divorced or separated with one not objecting, or the child being born to unmarried parents who are not living together. Meeting a standing requirement only gets a grandparent in the door, since Illinois law presumes a fit parent's decision about visitation is not harmful to the child, so the grandparent must also show the parent unreasonably denied visitation and that the denial caused the child harm. Call Jeff at (815) 838-5297 to find out whether your situation meets the standard.
It can. Under 750 ILCS 5/508 a court may order one spouse to contribute to the other's attorney fees, including interim fees while the case is pending, when one spouse controls most of the income or assets. It is not automatic and it is not a substitute for a retainer, but it is the answer to a spouse who is being outspent. Jeff raises it at the first hearing when the facts support it.
Illinois does not require one, but in the Chicago area both sides customarily have counsel, and the standard contract assumes it by giving each side an attorney review period. A lawyer costs a small fraction of the deal and catches title, contract, and closing problems while they are still fixable. Call Jeff at (815) 838-5297 when you are ready to list or make an offer.
It is a window, usually five business days after both sides sign, when each party's lawyer can approve the contract, propose changes, or disapprove it. The standard Multi-Board contract used across Chicagoland builds this in, and it is the only point where terms can be changed without renegotiating the whole deal. Send Jeff your contract the day you sign it, at (815) 838-5297, so the review period is not wasted.
Before closing, Jeff reviews the contract during attorney review, examines title and survey issues, and resolves problems the search turns up. At closing, he reviews the deed, the settlement statement, and every document you sign, and makes sure the money and the title move correctly. Call Jeff before you sign the contract, not after, at (815) 838-5297.
During the inspection period you can ask the seller to make repairs, credit you at closing, or in some cases cancel the contract. How you respond affects your leverage for the rest of the deal, so it helps to have your attorney weigh in before you send anything to the other side. Call Jeff at (815) 838-5297 to talk through your options.
A warranty deed guarantees clear title and gives the buyer the most protection. A quitclaim deed transfers whatever interest the owner has with no guarantee, and is common between family members, into a trust, or in a divorce transfer. Which one you need depends on the transaction. Call Jeff at (815) 838-5297 to find out which deed fits your situation.
No. A deed transfers ownership, while the mortgage and the note are a separate contract with the lender, so you remain liable until the loan is refinanced or paid off. In a divorce, the judgment usually pairs the quitclaim with a refinance deadline for this reason. Before you sign a deed away, call Jeff at (815) 838-5297 to have the loan side reviewed too.
Usually not. Illinois exempts deeds with actual consideration under $100, which covers the typical divorce transfer, and most exempt deeds do not require the PTAX-203 declaration, though the deed must state the exemption. The paperwork still has to be done precisely or the county recorder will reject it. Call Jeff at (815) 838-5297 to have the deed and the recording handled start to finish.
A title defect is anything that clouds ownership, such as an old lien, a judgment, an error in a prior deed, or a boundary issue, and it can delay or derail a closing if it is not resolved. Most defects can be cleared with the right documentation once they are identified early. Call Jeff at (815) 838-5297 to have title issues addressed before they threaten your closing date.
Through the court, never by changing locks or shutting off utilities. The landlord serves the right written notice (five days for unpaid rent under 735 ILCS 5/9-209, ten days for a lease violation under 9-210), waits out the notice period, then files an eviction case with the Circuit Clerk of Will County. The tenant is served, a court date is set, and only a judge's order followed by the sheriff can remove a tenant. Jeff handles both sides of landlord-tenant cases.
Five days for unpaid rent (735 ILCS 5/9-209), ten days for a lease violation (9-210), and thirty days to end a month-to-month tenancy (9-207). The notice must be in writing and served properly, and the landlord cannot file until the period has run. A defective notice is the most common reason a Will County eviction case gets dismissed and refiled.
From the notice to the sheriff's enforcement, several weeks to a few months, depending on the notice period, how quickly the tenant is served, and whether the tenant appears and contests. The order of possession comes from a judge at the Will County Courthouse, and only the sheriff carries it out. Self-help lockouts are illegal at every stage.
Forty five days after you move out, under the Security Deposit Return Act, which since January 1, 2024 covers Illinois residential rentals of every size. Deductions for damage require an itemized statement with receipts within 30 days, and bad faith withholding can cost the landlord twice the deposit plus fees. If your deadline has passed, call Jeff at (815) 838-5297.
No. Illinois law allows removal of a tenant only through a court eviction order carried out by the county sheriff, so lockouts, utility shutoffs, and removing belongings are unlawful regardless of unpaid rent. Document what happened and keep receipts for any costs this caused you. Call Jeff at (815) 838-5297 promptly to enforce your rights.
The buyer typically pays the lender's fees, the lender's title policy, recording fees, prepaid interest and escrow deposits, and prorated property taxes from the closing date, while the seller pays the owner's title policy and, in most Will County towns, the state and county transfer tax. The exact split is set by the contract, which is why Jeff reads it during attorney review before the closing.
No. You have the right to remain silent and the right to an attorney, so politely decline to answer questions and call a lawyer before you say anything else. Anything said during an arrest or a traffic stop can be used against you later, even if it feels harmless at the time. Call Jeff at (815) 838-5297 before you talk to investigators again.
For a first offender, the statutory summary suspension is six months for failing chemical testing and twelve months for refusing it, and it takes effect on the 46th day after notice, not the day of arrest. That gap exists to give you a window to file a petition to rescind the suspension and get a hearing before it ever takes effect. That suspension is automatic and separate from the criminal DUI charge itself. Call Jeff at (815) 838-5297 as soon as possible after the arrest, since the days before the suspension starts are when your options are widest.
Two laws apply. Illinois' zero-tolerance rule, 625 ILCS 5/11-501.8, suspends the license of a driver under 21 for any trace of alcohol: three months for a first violation, six months for refusing the test. If the reading is 0.08 or higher, the regular DUI statute applies on top of that. Both carry deadlines measured in days, so the ticket should be reviewed the week it is issued.
A first DUI is a Class A misdemeanor under 625 ILCS 5/11-501: up to 364 days in jail and a fine of up to $2,500, plus a minimum one-year driver's license revocation on conviction, separate from the statutory summary suspension that follows the arrest. Court supervision, where available, avoids the conviction and the revocation. See what happens on a first DUI step by step.
Often yes, through a Monitoring Device Driving Permit issued by the Secretary of State. It allows continued driving as long as the vehicle has a Breath Alcohol Ignition Interlock Device installed within 14 days of the permit, requiring a breath sample to start the car and random rolling retests while driving. It is not available to everyone and comes with real cost, but it is often the practical path through a suspension for a first offender. Call Jeff at (815) 838-5297 to find out whether a permit fits your situation.
Court supervision defers judgment. If you complete the conditions, no conviction is ever entered, which protects your license from the revocation a DUI conviction brings. For DUI it is available only once in a lifetime under 730 ILCS 5/5-6-1, and it is unavailable if the case involves aggravating facts like a child under 16 in the vehicle or an accident causing great bodily harm, and the judge is never required to grant it. Whether it is realistic depends on your record and the facts. Call Jeff at (815) 838-5297 to have your case reviewed before your first court date.
It can. Federal rules bar Illinois from masking a CDL holder's violations, so court supervision does not keep them off your commercial record, even for a ticket in your personal car, and accumulating serious violations brings disqualification. A DUI can sideline a commercial career for a year or more. Tell Jeff about your CDL at the first call, since it changes the whole defense strategy. Call (815) 838-5297.
Often, yes. Depending on the stop, the testing, and the evidence, we may be able to suppress improperly obtained evidence, negotiate a reduced charge, or pursue alternative sentencing or dismissal. Every case turns on its own facts, from how the stop was conducted to how the evidence was gathered and preserved. Call Jeff at (815) 838-5297 so he can review the details of your arrest.
In some cases Illinois lets you clear or seal a past arrest or conviction so it no longer shows on most background checks. Not every charge or conviction qualifies, and the rules differ depending on the offense and how the case was resolved. Call Jeff at (815) 838-5297 to find out whether your record qualifies.
Misdemeanors carry lighter penalties, while felonies are more serious and can mean prison time and a lasting record. Both deserve a real defense, since even a misdemeanor conviction can affect your job, your license, or your record for years. Call Jeff at (815) 838-5297 to discuss what you are facing and what a real defense looks like.
Not always. Simply paying a ticket is a guilty plea and a conviction, which adds points to your record and can raise your insurance or threaten your license, and it goes on your Secretary of State record where your insurer can see it. Illinois suspends a license after three convictions in 12 months, sooner for young drivers, so a ticket that looks minor can matter more than it seems. Call Jeff at (815) 838-5297 before you mail a payment, to find out whether court supervision or a better outcome is available.
For moving violations, Illinois law allows court supervision at most twice in any 12 month period, and the judge is never required to grant it. DUI supervision is available only once in a lifetime. If you are near the limit, the case needs to be defended rather than pleaded out. Bring your driving record to Jeff at (815) 838-5297 and he will tell you where you stand.
As soon as possible. Early representation protects your rights from the start and preserves options, like challenging evidence or negotiating before charges are filed, that can disappear if you wait. The license suspension clock and early court dates in a DUI case in particular move fast. Call Jeff at (815) 838-5297 as soon as you are released.
Chapter 7 discharges qualifying debts in a few months but offers no way to catch up on a mortgage or car loan. Chapter 13 is a three to five year repayment plan that lets you cure arrears, keep property, and protect cosigners, and it is the route when income is above the Chapter 7 means test. Call Jeff at (815) 838-5297 to review both options at your consultation and find the fit for your situation.
Illinois exemptions protect the essentials. As of January 1, 2026, the homestead exemption covers $50,000 of home equity for an individual and $100,000 for a couple who both own the home, and $3,600 of vehicle equity per person, with other exemptions for wages, retirement accounts, and household goods. Most filers keep everything they own. Bring your asset list and call Jeff at (815) 838-5297 to map it against the exemptions.
Yes. Filing triggers the automatic stay, a federal injunction that immediately halts collection calls, lawsuits, wage garnishments, repossessions, and most other collection activity while the case proceeds. Creditors who ignore the stay face consequences for doing so. If a garnishment or court date is bearing down on you, call Jeff at (815) 838-5297 and tell him so the filing can be timed to stop it.
Yes, if you act before the sale. Filing stops the foreclosure through the automatic stay, and a Chapter 13 plan then lets you cure the missed payments over three to five years while keeping up the regular payment. The earlier you call, the more room there is to build a workable plan, so do not wait for a sale date. Call (815) 838-5297.
As of January 1, 2026, the homestead exemption under 735 ILCS 5/12-901 rose from $15,000 to $50,000 for an individual. If the home is co-owned, such as by married spouses, the protected equity rises to $100,000, divided according to each owner's share, and property within these limits is protected from the bankruptcy trustee and creditors. Many homeowners who previously had exposed equity are now fully covered. Call Jeff at (815) 838-5297 to see how the numbers apply to your home.
Usually. Illinois exempts equity in one motor vehicle under 735 ILCS 5/12-1001(c), and the exemption amount was raised effective January 1, 2026, so most working vehicles with a loan against them have little equity to protect anyway. A financed car can be kept by staying current and reaffirming the loan. The current figures are in the guide to what you keep in Chapter 7.
Several debts generally survive a Chapter 7 discharge, including most student loans unless repaying them would cause undue hardship, recent income taxes and most other tax debt, child support and spousal maintenance obligations which are never discharged, and certain fines and debts from injury caused by driving under the influence. Understanding what will not go away matters as much as understanding what will. Call Jeff at (815) 838-5297 to find out how this applies to your debts.
If the goal is saving a home from foreclosure, Chapter 7 is often the wrong tool, since it can discharge unsecured debt but does not erase mortgage arrears. Chapter 13 creates a repayment plan, typically over three to five years, that lets you pay down past due mortgage payments over time while keeping the home, as long as you keep current payments moving forward. For homeowners behind on a mortgage, Chapter 13 is frequently the more realistic path. Call Jeff at (815) 838-5297 to see which fits your numbers.
Qualification depends on the means test, which compares your household income to the Illinois median for your household size. If you are under the median, you generally qualify for Chapter 7 without further analysis, and if you are over it, additional calculations decide whether Chapter 7 or Chapter 13 fits. Call Jeff at (815) 838-5297 to have the means test run for your situation.
Many Chapter 7 cases move to discharge within a few months of filing. Chapter 13 runs over a three to five year repayment plan, based on your income and circumstances, since the Bankruptcy Code requires a five year plan above the Illinois median income for your household size and generally allows three years below it. Call Jeff at (815) 838-5297 to talk through the likely timeline for your case.
It is a short, routine meeting with the trustee that most filers attend, not a trial, and there is no judge present. The trustee asks basic questions under oath, confirming your identity, reviewing your paperwork, and asking about your assets, income, and any recent transfers of property. Call Jeff at (815) 838-5297 and he will prepare you fully so you know exactly what to expect.
Generally yes, while your case is pending. The co-debtor stay in Section 1301 stops creditors from pursuing individuals who cosigned your consumer debts, and it is strongest when your plan pays that debt in full, while Chapter 7 has no equivalent protection. If a parent or spouse cosigned for you, tell Jeff at the first meeting. Call (815) 838-5297.
No. A filing can appear on your credit report for several years, but many clients rebuild their credit faster than they expect, especially once the debt burden is gone. What matters most going forward is how you manage credit after the case, not just the filing itself. Call Jeff at (815) 838-5297 to talk through what recovery could look like for you.
A working conversation, not a sales pitch. Jeff asks what happened, what has been filed, and what you want the outcome to be, then tells you what Illinois law allows, what the Will County process looks like from here, and what he would do first. Bring any court papers, the police report or ticket, or the real estate contract. Most consultations end with a clear next step and a written engagement if you decide to proceed.
Yes. Inspired Law Group is one attorney. Jeff McCarthy takes the first call, drafts the filings, appears at every hearing at the Will County Courthouse in Joliet, and is the person who calls you afterward. Nothing is handed to an associate.
Both, depending on the matter. Uncontested divorces, real estate closings, and many traffic and first-offense DUI matters can be quoted as a flat fee once Jeff has seen the file. Contested family litigation is billed hourly against a retainer because the other side controls much of the work. The fee structure is put in writing before any work starts.
All of Will County and the southwest suburbs from the office at 136 E 9th St in Lockport: Joliet, Homer Glen, New Lenox, Plainfield, Romeoville, Bolingbrook, Crest Hill, Lemont, Mokena, Orland Park, Frankfort, Tinley Park, Shorewood, Manhattan, Channahon, Minooka, and Wilmington. Each town has its own page under Areas We Serve explaining where its cases are filed and heard.
No law requires one, and an uncontested divorce with no children and no property can be filed without one. Most people hire an attorney because the judgment is permanent: parenting time, support, and property division are hard to reopen later, and a mistake in the marital settlement agreement follows you for years. A consultation tells you which kind of case you have before you decide. Call (815) 838-5297.
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