A Lockport Divorce Attorney Who Guides You Through Every Step
Divorce and legal separation are the two legal paths Illinois couples use to end or redefine a marriage, and both raise the same hard decisions about children, support, and property. Divorce ends the marriage. Legal separation lets spouses live apart, divide their finances, and settle custody without ending it. Which one fits depends on your situation, your finances, and what you want your life to look like a year from now. Anyone facing the end of a marriage in Will County needs a clear plan before the first document gets filed, because the early filings shape everything that follows. Jeff McCarthy handles every divorce and separation case at Inspired Law Group personally and stays on the file himself, guiding clients across Lockport, Joliet, and all of Will County from the first filing through a final judgment.
Divorce and Legal Separation Under Illinois Law
Illinois divorce law is set out in the Illinois Marriage and Dissolution of Marriage Act. Illinois is a no fault state, so most divorces proceed on irreconcilable differences rather than on proving that one spouse caused the breakdown. Some couples reach agreement on every issue and file an uncontested case, while others need the court to resolve disputed terms, which makes the case contested and usually longer. Either way the case decides child custody and parenting time, child support and spousal support, and how property and debt get divided, which is why the terms settled early tend to govern your finances for years afterward. Courts can also enter temporary orders while a case is pending, covering support, parenting time, or which spouse stays in the home, so a workable arrangement does not have to wait for a final judgment.
How a Divorce or Separation Case Moves Forward
The first step is choosing between divorce and legal separation. We start by walking you through what each one does and deciding which process fits your situation and your goals. Once that is settled, we file a Petition for Dissolution of Marriage or a Petition for Legal Separation with the Circuit Court in your county and arrange for your spouse to be served.
Both parties then exchange preliminary financial disclosures, which means a full accounting of assets, debts, income, and expenses on each side. Support figures and the division of property are calculated from those numbers, so the disclosures effectively set the terms of most of what comes after them. Getting them complete and accurate the first time is what keeps a case from stalling.
While the case is pending, either side can ask the court for temporary orders. Those can cover child custody and visitation, spousal support or child support, exclusive use of the home, and a restraining order where one is needed. Temporary orders are optional, but they matter when a family needs a workable arrangement in place for the months a case takes rather than only at the end of it.
Most of the case is then resolved through negotiation or court ordered mediation, where both sides work through custody, support, and property with a neutral third party instead of a judge. When agreement cannot be reached on an issue, we litigate it. Once every term is either agreed or ruled on, we file the Judgment of Dissolution of Marriage or the Judgment of Legal Separation, and that document finalizes the case and becomes the order both of you have to follow.
Expect the legal process and the personal one to run on different clocks. Ending or redefining a marriage is rarely easy, and it is normal to feel overwhelmed, angry, or afraid of what comes next. Most people arrive with the same questions. Will I lose custody of my kids? What happens to the house and the retirement accounts? How will I support myself? Is separation a safer first step than divorce? You get straight answers to those questions, clear explanations of your rights, your risks, and your options, firm protection of your parenting time and your property, and a plan built for the financial or emotional complications your case actually has.
Speak With Jeff McCarthy About Your Divorce
In a divorce you need more than someone who knows the statute. You need an advocate who knows how the Will County courts run and who will still be on your file six months in. Jeff McCarthy has practiced in Illinois for more than thirty years and handles custody, support, property division, mediation, and enforcement himself, so nothing gets handed off. He litigates when a case calls for it and pushes for the least damaging path when it does not, and every case plan is built around your goals rather than a standard template. Inspired Law Group represents clients throughout Lockport, Joliet, and all of Will County. Call today to schedule your confidential consultation. You can also reach us anytime through our contact page, or call (815) 838-5297 directly.
Illinois divorce questions, answered
Plain answers to what people ask before they file for divorce in Will County.
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.
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.
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.
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.
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.
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.
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.
More help with an Illinois divorce
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Every divorce, custody case, and financial dispute comes down to strategy. At Inspired Law Group, we offer no-risk case evaluations so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Negotiate for the best possible outcome.
