Divorce is emotional, complex, and — let’s be honest — overwhelming. If you’re navigating a split in Illinois, understanding the basics of the Illinois Marriage and Dissolution of Marriage Act can help you feel more grounded, especially when there’s a home (or two) involved.
The Basics — In Plain English
Illinois is a no-fault divorce state. That means you don’t have to prove wrongdoing — just that the relationship has irretrievably broken down.
💔 Property Division: It’s Not Always 50/50
Illinois follows equitable distribution, which means property is divided fairly, not necessarily equally. The court considers things like how long you were married, each person’s income, contributions, and who’s taking care of the kids.
If you or your spouse own real estate, especially a marital home, vacation property, or investment real estate, decisions around selling, refinancing, or dividing proceeds can get tricky. This is where having a real estate expert who understands divorce makes a real difference.
What Happens to the House?
This is one of the biggest questions I hear. Your options include:
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Selling the home and splitting the equity
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One spouse buying out the other
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Delaying the sale (for example, until the kids graduate)
But remember: even if you move out, you may still be financially tied to the mortgage unless it’s refinanced. You need to talk to a real estate expert in divorce (🙋♀️) to find out which of these options are possible.
Kids Come First
Parental responsibilities (what used to be called custody) and parenting time are based on what’s best for the child. The court encourages shared involvement, and if both parents can agree on a plan, that’s ideal.
Support & Stability
Spousal support and child support depend on each person’s income and financial needs. If you’ve been the primary caregiver or a stay-at-home parent, support may help you transition more comfortably.
Final Thought
If you’re going through a divorce, you don’t have to figure it out alone — especially when it comes to your home and financial future. I work with divorcing clients every day, helping them understand their options, reduce stress, and make smart moves — literally and financially.
Ready to talk through your next step — confidentially and pressure-free?
Let’s connect. I’m happy to be a resource.
Megan
