Family Law
37 Docs
Uncontested Divorce
Last Updated: August 8, 2026In plain English: a divorce in which the spouses agree on all matters — finances, property, parenting, and support — either before filing or through negotiation afterward. What this means for you: An uncontested divorce is typically faster, less expensive, and less stressful. Even if your case starts contested, reaching an agreement can convert it...
Petition for Rule to Show Cause
Last Updated: August 8, 2026What it is: a special petition filed to alert the court that a party has violated an existing court order — for example, child support is not being paid — and asking for relief as a result. Why it matters: this is the legal remedy when someone is not follow a court order. The judge...
Petitioner & Respondent
Last Updated: August 8, 2026Petitioner — the person who files the petition (starts the case). Respondent — the person who must respond to it. Why it matters: these two words appear on every filing in your case. Know which one you are: they tell you whether you filed the case (petitioner) or are responding to it (respondent). Both people...
Relocation of a Child
Last Updated: August 8, 2026What it is: moving the residence of the child more than 25 driving miles (in some cases 50 miles, depending on the location of the move) by the primary residential parent. Why it matters: relocation can upset an established parenting schedule, so Illinois law requires notice — the other parent must be allowed to object....
Order of Protection / Restraining Order
Last Updated: August 8, 2026What it is: an order issued to help protect people and/or children from harassment or violence. Orders of protection can be issued in a domestic relations (family) case. “Restraining order” is one (common) form of an order protection. What this means for you: if you or your children are being harassed or fear violence, an...
Pro Se
Last Updated: August 8, 2026What it is: a person who represents themselves in a proceeding — without an attorney. Honest advice: family law is paper- and deadline-heavy. Pro se is possible, but in contested or financially complex cases it can be expensive and understandable. Even “simple” cases involve filing deadlines, court rules, and negotiation — that’s exactly the help...
Primary Parent
Last Updated: August 8, 2026What it is: the parent with whom the child spends the majority of their time. Even when parents share parenting time, there may be a primary parent — for purposes of determining residency for school or other requirements. What to know: “primary parent” is a functional label, not a fixed rule. The parenting plan and...
Prenuptial Agreement (“Prenup”)
Last Updated: August 8, 2026What it is: a legal contract entered into before marriage that outlines how certain financial matters will be handled during the marriage, or in the event of divorce. It can address property ownership, debts, business interests, inheritances, and spousal support/alimony/maintenance. What this means for you: a prenup only works as well as it is safely...
Postnuptial Agreement (“Postnup”)
Last Updated: August 8, 2026What it is: the same type of agreement as a prenup, but signed after the couple is already married. It can address the same financial matters: property, debts, business interests, inheritances, and spousal support. Why do people sign one? married life changes — a new business, a mother-in-law financial: situation, a remarriage with children. A...
Post Decree
Last Updated: August 8, 2026What it is: any court matter that happens after the final judgment (decree) has been entered — for example, enforcing the decree, modifying parenting time or support, or changing some of its terms. What this means for you: a divorce decree is not necessarily the final word forever. If your life changes — a new...
Petition (Petition for Dissolution of Marriage)
Last Updated: August 8, 2026In plain English: the official written document that starts a case. The Petition for Dissolution is the document that starts your divorce; other petitions ask the court for a specific ruling during a case. What this means for you: If you’re starting a divorce, your attorney prepares the petition and files it with the court....
Parenting Time (Visitation)
Last Updated: August 8, 2026What it is: the schedule that outlines when the child is with each parent — including regular schedules, holidays, vacations, and special occasions. The goal is to ensure children maintain meaningful relationships with both parents, as long as that is appropriate. Naming note: “visitation” is the old word; in Illinois the law now says “parenting...
Parenting Plan
Last Updated: August 8, 2026What it is: the written schedule for parenting time — which days the children are with each parent, holidays, extended school breaks, and how changes are handled. A good parenting plan also covers holidays, vacations, and communication. Why it matters: a clear, child-focused parenting plan at the start of the case avoids hours of court...
Parenting Coordinator
Last Updated: August 8, 2026What it is: a specially trained professional — often a mental-health provider or attorney — appointed to help resolve conflicts between parents, typically after a final parenting plan is entered. What they do: help mediate day-to-day disagreements (holiday swaps, communication rules, schedule logistics) and educate parents about the parenting plan. If parents cannot agree, the...
Allocation of Parental Responsibilities
Last Updated: August 8, 2026The single most important term in modern Illinois family law. Since 2016, Illinois rewrote its family law statute and removed the terms “child custody” and “visitation” from the legal code. They were replaced by the term allocation of parental responsibilities — which splits into two parts: extra-curricular activities, and/or religion. What it looks like in...
Order (Court Order)
Last Updated: August 8, 2026What it is: the document that contains a judge’s ruling — what you must (or must not) do. Orders can deal with how(not only) support, parenting time, or anything the court decided in your case. What this means for you: orders are legally binding. Failing to follow an order can lead to contempt and orders...
Modification
Last Updated: August 8, 2026What it is: a legal change to an existing court order — for example, modification of parenting time (visitation), child support, or other terms originally ordered by the court. What this means for you: life changes: a job loss, a promotion, a move. Illinois courts can change orders about support and parenting — but generally...
Minor Child / Non-Minor Child
Last Updated: August 8, 2026purposes). Why it matters: the court’s powers over parenting and support apply to minor children. College expenses (see above) are an exception — they can apply to a non-minor child if agreed in the judgment. And if the parents of a minor child cannot agree on decisions, Illinois courts generally require the parties to attend...
Mediation
Last Updated: August 8, 2026What it is: an out-of-court process in which the parties work through the concerns of the case with a neutral third party — the mediator — who helps open discussions and reach an agreement. Mediation is a requirement in Illinois if there is a dispute regarding decisions for the children. What this means for you:...
Alimony (Maintenance)
Last Updated: August 8, 2026In Illinois, “alimony” is called “maintenance.” These are payments one spouse is ordered to pay (or receive payments) for a period of time, typically after a divorce. Maintenance is not automatic — the court decides it based on the ability of each spouse to pay, length of marriage, lifestyle, and other factors. What this means...
Legal Fees & Attorney’s Fees
Last Updated: August 8, 2026Attorney’s fees are paid for your lawyer’s work — their time, knowledge, and legal services. Legal fees refer to the broader costs of a legal case: filing fees, service of process, court reporter costs (when applicable), and similar mandatory charges. Both are part of the total cost. What this means for you: in family law,...
Judgment
Last Updated: August 8, 2026What it is: an official order or decision issued by the court that resolves a legal issue. A final judgment at the end of a divorce is often called the divorce decree — the two terms are used interchangeably. What this means for you: the judgment is what makes everything “official.” Until the judgment is...
Guardian Ad Litem (GAL)
Last Updated: August 8, 2026What it is: a person appointed by the judge — often described as “the eyes and ears of the court” — to investigate and advocate for the best interests of a child (or other vulnerable person) in a legal proceeding. Keep away: the GAL can testify in court. This is the most significant difference from...
Financial Disclosure
Last Updated: August 8, 2026What it is: a standardized Illinois document — the Supreme Court’s Financial Affidavit — in which each party lists finances: income, expenses, assets, and debts. The form is required in family law matters involving divorce, parenting issues, or other financial matters. Why it matters: the financial disclosure is how the court learns what you have,...
Emancipation
Last Updated: August 8, 2026What it is: the legal process by which a minor becomes legally independent of their parents/guardians before turning 18. What this means for you: emancipation before the age of majority is not automatic — it requires court approval. Once a child is emancipated, child support and the parenting obligations generally end (except for previously agreed...
Dissolution of Marriage
Last Updated: August 8, 2026In plain English: “Dissolution of marriage” is the official legal name for divorce in Illinois. When you file for divorce in this state, you file a “Petition for Dissolution of Marriage.” What this means for you: Court documents, websites, and lawyers will use “dissolution” instead of “divorce.” They mean the same thing — the legal...
Discovery
Last Updated: August 8, 2026What it is: the phase of a case where both parties exchange financial information — bank statements, tax returns, pay stubs, and other documents — so each side and the court see the whole financial picture. Why it matters: discovery is mandatory, and incomplete or inaccurate disclosure can damage your credibility in court. Keeping orderly...
Divorce Decree
Last Updated: August 8, 2026What it is: the final, official court document that ends the marriage. It records every term of the divorce — property division, parenting arrangements, support, and other financial provisions. What this means for you: the decree is the legal rulebook for your post-divorce life. Everything it says is binding — from who keeps the house...
Child Custody
Last Updated: August 8, 2026What it used to mean: “custody” referred to who makes decisions for the minor child: the responsibility for deciding things for the child. Since 2016, Illinois no longer uses the term custody in the law — a “custody,” it now says “allocation of parental responsibilities” (see above). You will still hear the word “custody” in...
Contested Divorce
Last Updated: August 8, 2026In plain English: a divorce where the spouses disagree on one or more issues — children, finances, property, or support — and the court must step in to resolve them. What this means for you: Contested divorces are the most common type. They can take longer and require more paperwork than an uncontested divorce, but...
Contempt of Court
Last Updated: August 8, 2026What it is: occurring when a person willfully fails to follow a court order or interferes with the court’s order. In family law this often means failing to pay the court, refusing parenting time compliance, or ignoring other ordered obligations. What this means for you: if found contempt of court, the court can order that...
College Expenses
Last Updated: August 8, 2026What it is: post-secondary educational expenses (tuition, room, books) for a non-minor (emancipated) child. Because the child is no longer a minor, college expenses are not the same as child support and are not calculated the same way. What this means for parents: in Illinois, college expenses are often addressed separately in a marital settlement...
Collaborative Divorce
Last Updated: August 8, 2026What it is: an alternative dispute resolution process within a divorce. The spouses commit to work together to negotiate a mutually agreed settlement — with lawyers trained in collaborative law — outside the traditional “battle in court” route. What to know: collaborative divorce can and often also address matters regarding children. Not every attorney is...
Child Support
Last Updated: August 8, 2026What it is: ongoing payments for the support and needs of minor child(ren). In Illinois, child support follows guidelines based on the combined incomes of both parents and the number of children. What this means for you: child support is separate from child-related expenses (below) — healthcare, daycare, education. Payments are usually made by the...
Child Representative
Last Updated: August 8, 2026What it is: cost of the child(ren) outside of and in addition to child support — coverage for healthcare (health insurance), daycare or childcare, educational costs, and extra-curricular fees. Why it matters for you: support and child-related expenses are separate categories with different calculations. Parents often share child-related expenses by agreement or by court order...
Best Interests of the Child
Last Updated: August 8, 2026What it is: the legal standard the court uses to decide allocation of parental responsibilities (custody) and parenting time (visitation). A court examines several factors — the child’s health, education, and needs; each parent’s relationship with the child; the child’s wishes (when appropriate); and stability — to decide what serves the child best. What it...
Child-Related Expenses
Last Updated: August 8, 2026What it is: cost of the child(ren) outside of and in addition to child support — coverage for healthcare (health insurance), daycare or childcare, educational costs, and extra-curricular fees. Why it matters for you: support and child-related expenses are separate categories with different calculations. Parents often share child-related expenses by agreement or by court order...