DuPage County Divorce Lawyer — Skilled Representation for Complex Family Law Matters

Divorce forces difficult decisions about property, parenting, and your financial future. Whether you’re dividing a business interest, negotiating spousal maintenance after a long marriage, or mapping a parenting plan that protects your relationship with your children, the choices you make now will shape your life for years.

At Manassa Law P.C., our DuPage County divorce lawyers bring Illinois-specific knowledge, measured strategy, and plain-English clarity to the 18th Judicial Circuit Court in Wheaton and throughout DuPage County. Call (847) 221-5511 to schedule your consultation.

Key Takeaways for DuPage County Divorce Cases

• Illinois is a no-fault divorce state; you don’t need to prove wrongdoing, only that irreconcilable differences have caused an irretrievable breakdown of the marriage.
• Residency and separation requirements apply: one spouse must have lived in Illinois for at least 90 days, and the parties must have lived separate and apart for six months (which can occur under the same roof).
• Property division follows equitable distribution principles, not automatic 50/50 splits.
• Parenting plans must address decision-making authority, parenting time schedules, and dispute resolution methods.

Choosing Manassa Law P.C. for Your DuPage County Divorce

Every DuPage County divorce requires a different strategy. Collaborative divorce offers privacy and control when both parties commit to structured negotiation outside the courtroom. Mediation resolves targeted disputes while preserving decision-making authority. When immediate court intervention becomes necessary to secure temporary support, stop asset transfers, or protect parenting time, our team is prepared to file motions and litigate assertively.

At Manassa Law P.C., we begin by identifying your priorities, reviewing your financial situation, and selecting an approach that aligns with your circumstances and goals. From there, we prepare financial disclosures, draft parenting plans, and position your case for settlement or trial in the 18th Judicial Circuit Court in Wheaton.

Families in Naperville, Downers Grove, Glen Ellyn, Lombard, Hinsdale, Elmhurst, Oak Brook, and surrounding DuPage County communities choose our firm because we understand local court procedures, judicial preferences, and the practical realities of resolving family law disputes in this jurisdiction.

Our divorce attorneys in DuPage County can assist with: 

• Contested and uncontested divorces
• High-net-worth asset division
• Business valuation disputes
• Retirement account division (including QDRO preparation)
• Dissipation claims
• Modification of prior orders
• Enforcement of existing judgments

Business owners, executives with deferred compensation packages, and individuals ending long-term marriages benefit from our experience with complex financial structures, tax implications, and multi-asset portfolios.

Divorce vs. Legal Separation in Illinois

Illinois is a no-fault divorce state, which means you don’t need to prove wrongdoing, only that irreconcilable differences have caused an irretrievable breakdown of the marriage under 750 ILCS 5/401. Divorce terminates the marital relationship, allowing both parties to remarry and severing most legal and financial ties between former spouses. Once a divorce judgment is entered, the marriage no longer exists in the eyes of Illinois law.

Legal separation, governed by 750 ILCS 5/402, functions like divorce in most respects. The parties address property division, parenting plans, and support obligations, but the marriage remains legally intact.

Some couples choose separation for religious reasons, to preserve insurance coverage, or to maintain tax benefits. Illinois courts apply the same standards to legal separation as they do to divorce. The key difference is that neither party can remarry unless they later convert the separation into a dissolution.

What to Expect During a DuPage County Divorce

While every divorce is unique, it generally proceeds as follows:

Filing the Petition

One party files a Petition for Dissolution of Marriage with the DuPage County Circuit Court in Wheaton. Illinois requires one spouse to have been a resident for at least 90 days and the parties to have lived separate and apart for six months—either in different homes or in the same home but functioning as roommates rather than spouses.

Temporary Orders

The court may issue temporary orders addressing parenting time, support obligations, exclusive possession of the marital home, and use of assets while the case is pending. These orders establish the baseline for final negotiations.

Financial Discovery

Both parties exchange financial affidavits, tax returns, bank statements, business valuations, retirement account statements, and debt documentation. Complete disclosure of income, assets, and liabilities is mandatory. When disputes arise over valuations or hidden assets, we file motions and advocate at hearings.

Settlement Negotiations

Direct negotiation, mediation, or collaborative divorce sessions allow parties to resolve disputes without trial. Many cases settle before reaching the courtroom, saving time, cost, and emotional strain.

Trial (if necessary)

If settlement discussions fail, a judge will decide contested issues, like property division, parenting plan terms, support amounts, and attorney fee allocation, after hearing evidence and testimony.

Final Judgment

Once all issues are resolved, the court enters a final judgment of dissolution. This judgment is binding but modifiable if circumstances change substantially, such as job loss, relocation, or significant income shifts.

Key Issues in DuPage County Divorce Cases

Divorce requires resolution of interrelated financial and parenting decisions. Illinois law provides statutory frameworks for dividing property, allocating parental responsibilities, and calculating support obligations. However, each case turns on specific facts and family dynamics.

Property Division: Equitable Distribution in Illinois

Illinois follows equitable distribution, not community property rules. The court divides marital property based on fairness, not automatic equality.

Marital property includes all assets acquired during the marriage, regardless of whose name is on the title. Non-marital property remains with the original owner, provided it hasn’t been commingled with marital funds.

Courts consider each party’s contribution to marital assets (including homemaking and child-rearing), economic circumstances at division, dissipation of assets, and duration of the marriage.

High-net-worth cases often involve business valuations, stock options, and complex retirement accounts. When warranted, our divorce attorneys collaborate with forensic accountants to ensure accurate valuations.

Allocation of Parental Responsibilities and Parenting Time

Illinois courts allocate custody, now referred to as parental responsibilities and parenting time, based on the child’s best interests under 750 ILCS 5/602.7.

Parental responsibilities involve decision-making authority that covers major decisions about education, healthcare, religion, and extracurricular activities. Parenting time refers to the physical schedule, which determines when each parent has the child in their care.

Best interests factors include the child’s wishes, adjustment to home and school, each parent’s willingness to facilitate a relationship with the other parent, physical and mental health of all parties, and any history of domestic violence.

Parenting plans must specify the allocation of decision-making authority (sole or joint), a detailed parenting schedule, and methods for resolving disputes. Courts favor arrangements that minimize conflict and support both parents’ meaningful involvement, provided that safety and stability are not compromised.

Child Support

Illinois calculates child support using an income-shares model under 750 ILCS 5/505 that considers both parents’ net income and the number of children. Courts may deviate from the standard in cases involving extraordinary medical expenses, educational needs, or allocation of parenting time.

Child support orders are modifiable if circumstances change substantially.

Spousal Maintenance

Spousal maintenance (formerly known as alimony) is determined by statutory factors, including the income and property of each party, the needs based on the marital standard of living, the earning capacity of each party, the duration of the marriage, and the age, health, and employability of both parties.

Maintenance can be temporary (rehabilitative) or indefinite (reviewable). Orders are modifiable if either party experiences a substantial change in circumstances, such as cohabitation with a new partner, retirement, disability, or significant changes in income.

FAQ for DuPage County Divorce Lawyers

How Does Mediation Differ from Collaborative Divorce?

Mediation involves a neutral third party who facilitates negotiation but doesn’t make binding decisions. It can also resolve specific disputes, such as parenting time schedules or division of retirement accounts, while leaving other issues for the court to address.

Are Prenuptial Agreements Enforceable in Illinois?

Yes, if they meet strict requirements: full financial disclosure by both parties, voluntary execution without coercion, independent legal representation (or a clear waiver), and terms that aren’t unconscionable at the time of enforcement. Postnuptial agreements function similarly but are executed after marriage.

How Do I Modify Child Support or Parenting Time after the Judgment?

File a petition for modification showing a substantial change in circumstances. This may include income changes, relocation, or significant shifts in the child’s needs or living situation.

What is the difference between an uncontested and contested divorce?

An uncontested divorce occurs when both spouses agree on all terms of the divorce, including property division, child custody, and support. A contested divorce arises when spouses cannot agree on one or more issues, requiring court intervention to resolve the disputes.

Contact Manassa Law P.C. for a Consultation

Questions about spousal maintenance, parenting time, or property division in DuPage County? Call (847) 221-5511 to schedule a consultation with a DuPage County divorce lawyer who understands Illinois family law and the strategic choices that protect your rights and your future.