6 Important Issues in Divorce in Illinois

 Posted on September 06, 2026 in Divorce

Before your divorce can be finalized, different issues will need to be addressed. The court will want to make sure that your divorce decree covers every important legal issue. A divorce agreement that fails to address an issue that is important to you can cause problems later, and could even force you to return to court at a later date. Your Naperville, IL, divorce attorney can help you make a complete list of issues that will need to be resolved during your divorce and take action to handle them.

At Law Office of Ronald L. Hendrix, P.C., we know that every divorce comes with its own set of issues. With that in mind, we come to each case with a personalized strategy suited to the client’s needs. With over 30 years of legal experience, Attorney Ronald Hendrix is ready to help resolve the most pressing problems in the dissolution of your marriage.

What Six Divorce Issues Need to Be Addressed in a 2026 Divorce Decree?

Some divorces can be resolved in a matter of months, but others may take over a year, depending on the issues at hand. A few of the issues your divorce decree or agreement might or might not need to address include:

Spousal Maintenance 

Illinois courts look at spousal maintenance when one spouse needs financial help after a divorce. A judge reviews each spouse's income, needs, and ability to pay before deciding whether maintenance should be awarded, among other factors. The court also looks at how long the marriage lasted and the standard of living the couple shared during that time.

Illinois law provides guidelines that judges can use to calculate the amount and length of maintenance in many cases (750 ILCS 5/504). Not every divorce results in a maintenance award, and each case depends on the specific facts a judge reviews.

Parenting Time

When parents divorce, they need to decide how much time each parent will spend with the children. This schedule is called parenting time and should reflect the child’s best interests. The court can consider the child’s routine, school schedule, and relationship with each parent.

Parents can work together to create their own parenting time schedule, and many courts prefer this approach. If parents cannot agree, a judge will step in and set a schedule based on the child's best interests.

Decision-Making Responsibilities

Decision-making responsibilities cover major choices in a child's life, such as education, health care, religion, and extracurricular activities. Parents can share these responsibilities, divide them by category, or one parent can be responsible for certain decisions.

A judge examines various factors – such as the parents' ability to cooperate, their past involvement in the child's life, and the child’s needs – before assigning these responsibilities. Like with parenting time, the court’s first priority is the child’s best interests.

Division of Marital Assets

Illinois follows a rule called equitable distribution when dividing marital property. This does not always mean an even split. Instead, a judge divides property in a way that seems fair based on each spouse's financial situation, contributions to the marriage, and future needs. Spouses can also reach their own property division agreements, subject to the court’s approval.

Marital assets can include homes, vehicles, retirement accounts, bank accounts, and business interests gained during the marriage. Property owned before the marriage is usually considered ‘non-marital property’ and is often treated differently, although issues can arise if marital and non-marital property are mixed together.

Division of Marital Debts

Debts incurred during a marriage are often divided along with the assets. A judge considers each spouse’s financial situation and the facts of the case when dividing marital debts.

Credit card balances, medical bills, car loans, student loans, and mortgages are common examples of debts that courts may divide between spouses. Splitting debts fairly can be just as important as dividing property, since unpaid debt can create financial stress long after the divorce is final.

Child Support

Child support helps cover a child's everyday needs, including food, housing, clothing, and school costs. Illinois uses an income shares model, which looks at both parents’ net income. Parenting time can also affect how child support is calculated in some cases.

For example, in Illinois in 2026, if each parent has the child for at least 146 nights a year, the court uses a different formula to calculate child support. Child support can sometimes be changed later if there is a major change in a parent’s income or the child’s needs.

What Happens When Spouses Disagree About Divorce Issues in Illinois?

Disagreements are common during a divorce. Spouses often need help reaching decisions on parenting time, support, or property. Mediation gives both spouses a chance to discuss these issues with a neutral third party who helps guide the conversation toward a solution. Mediation can reduce conflict and often costs less than a full court battle.

Some spouses instead choose to negotiate through their attorneys, exchanging offers and counteroffers until an agreement is reached. Collaborative law is another option, where each spouse works with their own attorney while agreeing to avoid going to trial. Both spouses and their attorneys sign an agreement stating they will work toward a settlement outside of the courtroom. If an agreement cannot be reached through any of these methods, a judge may need to resolve the dispute.

Is a Trial Necessary to Resolve Divorce Disputes?

A trial is not always necessary to finalize a divorce. Most cases in Illinois settle before reaching this stage, since mediation, negotiation, and collaborative law often help spouses reach an agreement. A trial can be needed when spouses cannot agree on major issues such as parenting time, support, or property division, even after trying other methods.

During a trial, each spouse presents evidence and testimony, and a judge makes the final decisions on any unresolved issues. Trials can take longer and cost more than other options, so many spouses view a trial as a last resort rather than a first choice.

What Is a Joint Simplified Divorce?

A joint simplified divorce is a faster and less expensive option for certain couples. To qualify, spouses must meet several requirements. They cannot have children together, and the marriage cannot have lasted more than eight years. Their combined yearly income must be less than $60,000, and neither spouse can earn more than $30,000 per year. They also must meet limits on property, real estate, and retirement benefits.

Both spouses must also agree on how to divide their property and debts and give up the right to receive spousal maintenance. This process allows couples to avoid a lengthy court battle when their situation is straightforward. Since not every couple meets the requirements, it is helpful to review the specific rules with an attorney before pursuing this option.

Contact Our Will County, IL, Divorce Lawyers

Law Office of Ronald L. Hendrix, P.C. will work to make sure every important issue in your divorce is addressed. Our experienced Naperville, IL, family law attorneys will strive to make sure your divorce agreement is complete. Contact us at 630-355-7776 for a complimentary consultation.