Des Plaines Divorce Lawyer
Helping You Move Forward to the Next Chapter
You have come to a crossroads in your life. You have made the decision to divorce.
In the months ahead, you will face decisions involving your children, your finances, and the structure of your everyday life. Some of those decisions will feel overwhelming. Some will carry long-term consequences. None of them should be made without sound legal guidance.
Our Des Plaines divorce lawyers are here to guide you through this transition and help you move forward with stability and confidence.
With more than 31 years of experience representing divorcing spouses throughout Chicagoland, The Rogoff Law Group, P.C. has built a reputation for steady, strategic representation in Illinois family law matters.
Whether you are filing for an uncontested divorce in Des Plaines, facing a contested matter in Mount Prospect, or dealing with complex financial issues in Schaumburg, we have the experience and judgment to protect what matters most to you.
Divorce in Illinois
Illinois is a no-fault divorce state. Most divorces proceed under the ground of irreconcilable differences, meaning the marriage has broken down beyond repair.
You do not need to prove misconduct. The focus instead shifts to resolving the practical issues that determine what your life will look like after the divorce is finalized.
Those issues typically include:
- Division of marital property and debts
- Allocation of parental responsibilities
- Parenting time
- Child support
- Spousal maintenance
The outcome of your divorce will not be determined by emotion. It will be determined by preparation, documentation, and a clear understanding of Illinois law.
Choosing the Right Divorce Lawyer Matters
With your marriage ending, and you and your spouse ready to move on, it can be hard to know where or how to begin. You will see advertisements promising quick online divorces or low-cost representation.
Divorce is not a transaction. It is a restructuring of your legal, financial, and parental rights.
Not all divorce lawyers in Illinois approach cases the same way. Some push unnecessary conflict. Others rush settlements without fully evaluating long-term consequences.
When you meet with our firm, we sit down with you. We listen. We examine what is at stake. We evaluate potential obstacles before they arise. Then we develop a strategy tailored to your situation.
The goal is not simply to “win.” The goal is to reach an outcome that protects your future.
Uncontested
Divorce
Typically, uncontested divorce is faster and less expensive than a contested divorce.
Uncontested divorce is best suited for couples who agree on the critical aspects of their divorce, such as property and debt division, child custody and support, and spousal maintenance, when conflict resolution and courtroom litigation are not required.
Although filing for divorce online may be tempting when the end of your marriage is amicable, doing so is not in your best interest. Even when you agree on the terms of divorce, you need a lawyer to protect your rights.
Mediation and Negotiation to Minimize Conflict in Your Divorce
Divorce does not have to be a courtroom battle.
Mediation and structured negotiation can often reduce financial strain and emotional stress, particularly when children are involved. These approaches allow spouses to retain more control over the outcome rather than leaving critical decisions in the hands of a judge.
That said, mediation only works when both parties negotiate in good faith and with full financial transparency. We ensure that your rights remain protected throughout the process.
When Divorce Becomes Contested
Disputes over parenting time, financial support, or property division can escalate quickly.
High-conflict divorces require careful preparation and experienced courtroom representation. If litigation becomes necessary, you should not find yourself standing alone against experienced counsel on the other side.
Our firm prepares every contested divorce with the understanding that it may ultimately be decided by a judge. Preparation changes outcomes.
Child Custody Solutions That Work for Your Family
When children are involved, emotions understandably run high.
Illinois courts require a parenting plan before a divorce can be finalized. That plan must address decision-making responsibilities and parenting time schedules.
Even when parents agree, the court reviews arrangements to ensure they serve the best interests of the child. When parents disagree, the court examines statutory factors and evidence. The focus shifts from what parents want to what the court believes is appropriate.
We work to protect your parental rights while advocating for arrangements that provide stability for your children.
High Net
Worth Divorce
When substantial assets are involved, the complexity increases.
Business ownership, professional practices, investment accounts, executive compensation, and real estate holdings require detailed financial review and, in many cases, expert valuation.
Everything you have worked for may be subject to examination. Strategic preparation is essential.
What Are Irreconcilable Differences in an Illinois Divorce?
“Irreconcilable differences” means that the marriage has broken down beyond repair. Under these grounds, the courts will not consider whether infidelity or other bad acts caused the end of your marriage.
To demonstrate irreconcilable differences, you can show that you and your spouse have lived separate and apart from one another for at least six months before the judgment. This does not mean that you have to live under separate roofs, however. Even if you and your spouse have lived in the same household for the past few months, you may be able to demonstrate that your living conditions were not for marital purposes.
If you have not lived separate and apart from your spouse for six months or more, you can still get divorced in Illinois. You’ll both need to state in your complaint that your marriage is irretrievably broken.
What Challenges Are You Facing in Your Illinois Divorce?
Our Des Plaines law office frequently represents clients throughout Chicagoland who are facing issues involving
Domestic Violence and Orders of Protection
If domestic violence is present, safety becomes the first priority.
Illinois courts may issue Orders of Protection to restrict contact, grant temporary custody, require a spouse to vacate a residence, and/or provide other forms of protection.
Orders of Protection can help you stay safe in a variety of ways. These orders can prohibit the alleged abuser from:
- Threatening, harassing, physically or emotionally abusing, or intimidating you
- Occupying a shared residence
- Visiting your work, school, or other specified location
- Taking your child out of state or hiding your child from you
Orders of Protection may also require your abuser to attend counseling, give you rights to a vehicle, require your spouse to turn over weapons, and more.
In Illinois, there are three types of Orders of Protection ordered by the Court.
In Illinois, there are three types of Orders of Protection ordered by the Court.
Emergency Orders of Protection
Emergency protection orders may be ordered by the court if you are in immediate danger of suffering physical harm or emotional distress. These orders will remain in effect until the hearing for the Plenary Orders of Protection hearing, which typically happens within 21 days. The courts may grant emergency orders even if the alleged abuser is not present at your hearing.
Interim Orders of Protection
Interim orders of protection are short-term court ordered safety measures that typically last 30 days. These orders are meant to fill the gap between the expiration of emergency orders of protection and the plenary hearing to determine full orders of protection.
Plenary Orders of Protection
Plenary Orders of Protection are long-term, court-ordered protection often lasting two years. There is no limit on how often the orders can be renewed. They are designed to provide comprehensive protection, prohibiting contact, forcing the abuser to move out, and establishing child support/custody.
Modification of Divorce
If you or your ex-spouse have experienced a significant change in circumstance after your divorce was finalized, you may need to petition for a modification of your decree.
The need for modification of divorce judgments may be due to substantial increases or decreases in income that can impact child support or spousal maintenance, conditions that jeopardize the best interests of your children, or even marriage to a new partner. Without proof that a substantial change in circumstances exists, the courts may not approve a modification.
Scott Rogoff can help.
Property Division: What Is Truly at Stake
Property division is rarely as simple as splitting everything in half.
Illinois follows equitable distribution principles. That means property is divided fairly based on statutory factors, not automatically 50-50.
The first question is often whether an asset is marital or non-marital property. That classification alone can significantly affect the outcome.
Courts consider:
The duration of the marriage
Each spouse’s financial circumstances
Contributions to the acquisition of property
Future earning capacity
Any valid prenuptial agreements
Homes, retirement accounts, business interests, investment portfolios, and debts must be properly identified and valued before meaningful negotiations can occur.
Without careful analysis, important assets can be misclassified or undervalued.
Child Support and Spousal Maintenance
Child support and spousal maintenance are often tense subjects when couples divorce.
Although Illinois typically uses statuary formulas for determining payment amounts, various factors can influence the court to deviate from the state’s guidelines.
If the court determines that the statuary formulas are not fair, the judge can order alternative amounts to be paid. Likewise, if a divorcing couple feels that the guidelines won’t work for their situation, their divorce lawyers can help them negotiate other amounts or an alternative plan. Most of the time, the courts will approve alternative arrangements as long as the couple agrees, and the judge decides they are fair.
Alternatives to Traditional Alimony
While the most common type of spousal support involves monthly payments from one spouse to the other, that’s not the only way alimony can be handled in Illinois. Sometimes, spouses choose:
- Alimony buyouts.
- Equitable property distributions in trade.
- Lump sum payment.
Deviation from Statutory Child Support Guidelines
When families have unique financial circumstances, children with special needs, or other exceptional situations, the courts may determine that the Illinois child support guidelines are not appropriate. It is generally rare for Illinois courts to deviate from the statutory child support guidelines. Exceptions may include:
- Child disability or health concerns.
- Extraordinarily high parental income.
- Voluntary unemployment or underemployment.
FAQs About Divorce in Illinois
How Long Does Divorce Take in Illinois?
An uncontested divorce may be completed within a few months. Contested cases involving disputes over custody, support, or complex assets can take significantly longer. The timeline depends on the level of conflict and the court’s schedule.
Can My Spouse Take My Retirement in an Illinois Divorce?
Maybe. Retirement accounts are treated like any other assets in an Illinois divorce. As such, those that are determined to be “marital property” will be subject to equitable distribution. Your divorce lawyer can help determine what portion of your retirement is considered marital property, and help you understand your legal options when splitting up retirement assets in your divorce.
Who Gets the House in an Illinois Divorce?
No set rules apply to who gets the house in an Illinois divorce. That said, the spouse who is awarded the majority of physical custody will usually get the family home if you have children together. In most cases, the other spouse will be compensated for his or her share of the house in other ways. If minor children are not involved, other factors are used to determine who gets the house. The courts will consider who wants the house, whether buyout is an option, or whether the spouses can co-own the home. Your divorce lawyer can help you identify other legal options when determining who gets to keep your marital home.
Do I Have to Hire a Divorce Lawyer in Illinois to End My Marriage?
Illinois does not require you to hire a divorce lawyer to legally end your marriage. However, self-representation, completing a do-it-yourself divorce, or using online services is not recommended. Divorce involves binding legal decisions affecting your property, finances, and children. Mistakes can have long-term consequences.
Meet Our Des Plaines Divorce Lawyers
Scott D. Rogoff
Divorce lawyer Scott Rogoff has helped countless couples in Des Plaines achieve success when their marriages have ended. Since 1993, Scott has been fighting for the rights of his clients and their children to ensure their best interests are protected. As a family law attorney, Scott focuses on resolving issues relating to divorce, child custody & visitation, paternity, child support, and spousal maintenance. The Rogoff Law Group, P.C. takes pride in providing exemplary legal representation while charging affordable attorney fees.
Leslie Rogoff
Leslie Rogoff is a compassionate divorce attorney who has provided legal services to families in Des Plaines and the surrounding communities since 1993. She is dedicated to guiding clients through some of life’s most challenging transitions, while protecting their rights and the well-being of their children. Leslie handles a wide range of family law matters, including divorce, child custody and visitation, child support, spousal maintenance, property division, and paternity. At the Rogoff Law Group, P.C., Leslie provides personalized legal support with a focus on achieving the best possible outcomes for her clients.
Call The Rogoff Law Group, P.C. at (847) 768-2194 for practical advice and legal representation in Des Plaines.
Call The Rogoff Law Group, P.C. at (847) 768-2194 for practical advice and legal representation in Chicagoland.
Meet Our Happy Clients
“I hired Scott Rogoff to assist me with my divorce and after we met I knew I had hired the best attorney for the job. Scott always responded quickly to my phone calls and had a lot of experience. He was reasonably priced and fair. Thanks Scott for helping me get the outcome I was hoping for!”
“Scott makes the divorce process very clear and understanding. He is a compassionate person and tries to make it as easy and fair as possible for both parties. He is upfront about his cost and was the most reasonably priced attorney I interviewed out if the five that I considered. Scott was extremely helpful to me and my situation and I would absolutely recommend him to others. Just reach out to him for a consult to see what he would have in mind for your situation. He will work with you in person, remotely over the phone or zoom, or a combination of both – whatever works best for you.”
“I am so happy that I trusted Mr. Rogoff to handle my divorce case. His help with my case has changed my life and I cannot thank him enough. After our initial consultation, I was extremely impressed with how quickly he started working on my case and got things done. You can easily tell how much pride he takes in his work with how efficiently he works and communicates with his clients. He took a 5 year drawn out seperation and got my case taken care of in two months after hiring him! If you are in need of representation, you need to hire him. His experience and dedication to his clients is, in my opinion, unmatched. Seriously, do not waste time with anyone else. Mr. Rogoff made my legal experience completely painless and stress free. And again, I cannot thank him enough.”