Common Types of Disputes in an Illinois Divorce Case
Table of Contents
Family Law Practices
Our Office Locations
Downtown Chicago
440 W Randolph Ave, 5th Floor
Chicago, IL 60606
New Clients: 312-288-3057
Highland Park
595 Elm Place Suite 225
Highland Park, IL 60035
New Clients: 312-288-3057
Hinsdale
40 E. Hinsdale Rd. Suite 202
Hinsdale, IL 60521
New Clients: 312-288-3057
Metro Detroit
101 West Big Beaver Rd. Suite 1400 Troy, MI 48084
New Clients: 312-288-3057
Table of Contents
Buffalo Grove divorces are filed in the Circuit Court of Lake County. The figures below show how domestic relations filings sit within the court’s wider caseload and how many matters the court carries at one time.
They come from the Administrative Office of the Illinois Courts, which reports caseloads by county and by case type. The counts cover a single reporting quarter rather than a full year.
- Lake County courts received 30,416 new case filings across all categories during the quarter covered by the Illinois caseload tables.
- Civil matters accounted for 4,170 of those filings, or 13.7 percent of the county total.
- Domestic relations filings that quarter included 198 general family matters and 25 adoptions alongside dissolution and protective order cases.
- Lake County reinstated 19 domestic relations cases during the period, meaning matters previously closed were reopened.
- The county ended the quarter with 38,637 cases pending across all categories, of which 11,479 were civil.
Common Types of Disputes in an Illinois Divorce Case
Divorces rarely stall over the decision to end the marriage. They are delayed over specific terms. The disputes below are the ones our Buffalo Grove divorce lawyer sees reach a judge rather than settle in negotiation.
- Classification of an asset. One spouse says a property is marital, the other says it is not. Ownership before the marriage, an inheritance, or a gift can make an asset non-marital, though non-marital property can lose that distinction when it is mixed with marital funds.
- Valuation of a business or professional practice. Both sides may agree the company is marital and still be far apart on what it is worth. Different valuation methods produce different figures, and each side often retains its own professional consultants.
- Income available for support. Salary is straightforward. Bonuses, commissions, distributions from a closely held company, and deferred compensation are not, and support figures move with them. A Buffalo Grove divorce lawyer will trace each income stream before proposing a number.
- Retirement division. Disputes here usually concern which portion of an account accrued during the marriage and how the division is executed. Retirement accounts require a separate order directed to the plan administrator.
- Allocation of marital debt. Illinois divides debts alongside assets. Disagreement tends to focus on debts one spouse incurred alone and whether the marriage benefited from them.
- Dissipation claims. One spouse alleges the other spent or transferred marital funds for a non-marital purpose once the marriage was breaking down. Proving dissipation of assets requires dates, amounts, and a documented purpose.
- Completeness of financial disclosure. Where one spouse controls the records, the other frequently disputes whether everything has been produced. Assembling financial records early narrows what can be argued about later.
- The parenting schedule and decision-making split. Parents may agree on the amount of time and still disagree about who decides on schooling, health care, or activities. Illinois treats the two allocations separately.
- Whether the case should be mediated at all. One spouse proposes mediation and the other refuses. Whether mediation fits depends on how the parties communicate and whether abuse is a factor.
- Terms that will need revisiting. Support and parenting provisions can be modified later, and parties often dispute how much flexibility to build in now. Support modifications are easier when the original judgment anticipated change.
Buffalo Grove Divorce FAQs
What Is a Marital Settlement Agreement?
It is the written contract resolving the financial terms of the divorce, covering property, debt, and support. Once the Lake County court approves it, the agreement is incorporated into the judgment and becomes enforceable as a court order. Parenting terms are usually set out in a separate parenting plan.
Can I Restore My Former Name?
Yes. A request to resume a former name can be included in the divorce and granted in the judgment, which avoids a separate proceeding. Illinois publishes a standardized name change form for situations where the request is made outside a dissolution case.
What Happens if My Spouse Will Not Sign Anything?
The case proceeds without their cooperation. A spouse who fails to appear after being served can be defaulted, and the court can enter a judgment on the terms presented. Refusing to sign delays a case; it does not prevent one.
Can I Hire an Attorney for Only Part of My Case?
Illinois permits limited scope representation, under which an attorney handles specified tasks rather than the entire matter. The arrangement is documented on an approved form filed with the court. It suits parties who need help with a hearing or a drafting question but not full representation.
Is Mediation Required?
Courts commonly order mediation on contested parenting issues before setting a hearing. Financial mediation is generally voluntary. Parties who reach agreement in mediation still submit the terms to the court for approval.
What Happens to Credit Card Debt?
Debt accumulated during the marriage is generally marital and divided alongside assets, regardless of whose name is on the account. Creditors are not bound by the divorce judgment, so a spouse assigned a debt who then fails to pay leaves the other exposed to collection.
What Is a Simplified Dissolution?
Illinois offers an abbreviated procedure for couples who meet defined criteria, which generally involve a short marriage, no children, limited property, and full agreement. Where a couple qualifies, it involves less paperwork than a standard dissolution. Most divorces do not qualify.
Can a Divorce Judgment Be Appealed?
Yes, though appeals address legal error rather than rearguing the facts. The reviewing court examines the record made below, which is one reason the quality of the trial record matters. Appeals run on their own deadlines, separate from the dissolution case.
What Is the Difference Between a Contested and an Uncontested Divorce?
An uncontested case is one where the spouses agree on every term and present a settlement for approval. A contested case has at least one unresolved issue. Most matters begin contested and become uncontested through negotiation, and the distinction between contested and uncontested divorce drives both timeline and cost.
How Is Maintenance Treated for Tax Purposes?
Federal treatment of spousal maintenance changed for judgments entered after 2018, and the change affects how parties value a support award against a property transfer. The tax treatment of maintenance is a question to raise with both your attorney and a tax professional before terms are finalized.
Merel Family Law Attorneys
Merel Family Law handles divorce matters that settle and divorce matters that are tried, and the firm staffs Buffalo Grove cases so that either route remains available.
Lindsay Margolis has practiced family law for fifteen years and works as both a litigator and a trained mediator. She completed her undergraduate degree at Emory University and earned her law degree from Chicago-Kent College of Law.
Read more reviews on our Google Business Profile.
Further Reading on Illinois Divorce
- What Are the Different Types of Divorce?
- Resolving an Illinois Divorce Without Court
- How Divorce Affects Social Security Benefits
- Divorce Settlement Financial Mistakes to Avoid
- Rebuilding Finances After Divorce
Speak With a Buffalo Grove Divorce Attorney
A divorce lawyer in Buffalo Grove, IL can tell you which terms in your case are likely to be disputed, what documentation each of those disputes will require, and whether the matter belongs in mediation or before a judge. Our Buffalo Grove divorce lawyers will review your circumstances and set out the options as they stand. Contact us to arrange a consultation at a time that suits you.