Frequently Asked Questions

Harris Law provides experienced family law and divorce representation right here in DeKalb, IL. A good divorce attorney should be familiar with DeKalb County courts, able to handle both contested and uncontested cases, and prepared to guide you through every step of the process from filing to final decree.

An uncontested divorce in DeKalb County can be resolved in as little as a few weeks once all paperwork is filed and the mandatory waiting period is satisfied, while a contested divorce involving disputed assets or custody can take several months to over a year. The complexity of your case — not the court's calendar — is usually the biggest factor in the timeline.

An uncontested divorce means both spouses agree on all key issues — property division, support, and parenting arrangements — allowing the case to move through court quickly and with less expense. A contested divorce means at least one issue is disputed, requiring negotiation, possible mediation, or a judge's ruling to resolve it.

Illinois courts decide custody — now called the allocation of parental responsibilities — based on the best interests of the child, weighing factors like each parent's relationship with the child, the child's adjustment to home and school, and each parent's willingness to support the other's relationship with the child. The court looks at the full picture of the child's life rather than defaulting automatically to either parent.

You are not legally required to have an attorney to file a parenting agreement in DeKalb County, but having one significantly reduces the risk of errors, omissions, or terms a judge may reject. An attorney ensures your parenting plan meets Illinois statutory requirements and genuinely protects your rights and your child's well-being long after the case closes.

An Illinois divorce case resolves the legal end of the marriage plus any related issues including division of marital property and debt, spousal maintenance (alimony), allocation of parental responsibilities, parenting time, and child support. If spouses agree on all of these, the case can proceed as uncontested; if any issue is disputed, it becomes contested.

Illinois follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily 50/50. Courts consider factors like the length of the marriage, each spouse's contributions, their economic circumstances, and any prenuptial agreements when determining what a fair division looks like.

Yes, a family law attorney in DeKalb can help you establish a legally sound parenting plan, negotiate parenting time schedules, and advocate for a custody arrangement that reflects your child's best interests under Illinois law. Cases involving children typically require more detailed agreements, and having knowledgeable legal guidance helps avoid costly modifications later.

Illinois replaced the term 'custody' with 'allocation of parental responsibilities' in 2016, shifting focus from labels to specific decision-making rights covering education, healthcare, religion, and extracurricular activities. One parent may be allocated primary decision-making authority, or those responsibilities may be shared, depending on what the court determines serves the child's best interests.

The process begins by filing a Petition for Dissolution of Marriage in DeKalb County Circuit Court, after which your spouse must be formally served. From there, both parties exchange financial disclosures, negotiate or litigate outstanding issues, and ultimately present a settlement agreement or proceed to trial for a judge's ruling.

Yes, Illinois is a no-fault divorce state, meaning the only grounds required for divorce is that irreconcilable differences have caused the irretrievable breakdown of the marriage. You do not need to prove fault — such as adultery or abandonment — to obtain a divorce in DeKalb County or anywhere else in Illinois.

Look for an attorney with specific experience in Illinois family law, a clear understanding of DeKalb County court procedures, and the ability to handle both negotiated settlements and contested litigation. You want someone who will give you direct, honest answers about your situation rather than vague reassurances, and who can represent you effectively whether your case is straightforward or complex.

Harris Law is a family law firm in DeKalb, IL that handles divorce cases for clients throughout DeKalb County. A good local divorce attorney will know Illinois family law statutes, understand the local court system, and give your case personal attention from start to finish.

An uncontested divorce in DeKalb County can be finalized in as little as a few weeks once all paperwork is filed and both parties agree on key issues, while a contested divorce typically takes several months to over a year depending on the complexity of disputes. The more areas of disagreement — property division, custody, or support — the longer the process generally takes.

An uncontested divorce means both spouses agree on all major issues, including property division, child custody, and support, allowing the case to move through court quickly and with lower costs. A contested divorce involves disagreements on one or more of those issues, requiring negotiation, mediation, or a court hearing to resolve them.

In Illinois, child custody decisions are guided by the best interests of the child standard, which considers factors like each parent's relationship with the child, the child's adjustment to home and school, and each parent's willingness to support the other's relationship with the child. A family law attorney familiar with DeKalb County courts can help you understand how local judges typically weigh these factors.

A family law attorney in DeKalb handles a wide range of matters including legal separation, child custody and visitation, child support, spousal maintenance, property division, and order modifications. Many clients also seek help with paternity cases and protective orders.

Illinois is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. Courts consider factors like the length of the marriage, each spouse's financial contributions, and future earning potential when deciding how to divide assets and debts.

Yes, a family law attorney can petition the court to modify a custody or support order when there has been a substantial change in circumstances, such as a significant income change, a parent relocating, or a shift in the child's needs. Courts require evidence that the change genuinely affects the child's welfare or a parent's ability to pay.

Technically you can file for an uncontested divorce without an attorney in Illinois, but even simple cases can have long-term consequences if agreements are drafted incorrectly or important issues like retirement assets or future modifications are overlooked. Having a family law attorney review or prepare your documents helps protect your rights and avoid costly mistakes later.

Bringing financial documents such as tax returns, pay stubs, bank statements, and a list of marital assets and debts will help your attorney assess your situation accurately from the start. If children are involved, any existing custody agreements or school and medical records are also useful to have on hand.

Spousal maintenance, sometimes called alimony, is not automatic in Illinois — a court awards it based on factors like the length of the marriage, each spouse's income and earning capacity, and the standard of living established during the marriage. Illinois uses a formula to calculate the amount and duration of maintenance in many cases, though a judge retains discretion to adjust the award.

Yes, Harris Law serves clients in DeKalb, IL and throughout DeKalb County for a full range of family law matters including divorce, child custody, child support, and related issues. Working with a locally based attorney means familiarity with the DeKalb County courthouse and the judges who handle family law cases there.

Illinois uses an income shares model to calculate child support, which takes both parents' net incomes into account along with the amount of parenting time each parent has. The resulting guideline amount can be adjusted by the court if special circumstances — such as extraordinary medical expenses or a child's educational needs — make the standard calculation inappropriate.