Illinois Divorce Settlement Checklist

About 95% of all cases that go to court, including divorce cases, settle and do not go to trial. The cost of a divorce depends on how high up the ladder to a trial you go before the case is settled. It also depends on whether you handle your case collaborative or not. Collaborative divorce, when it works, is less expensive because the process is focused on settlement.

Attorney fees will be reduced by you and your spouse directly, and without benefit of lawyers, by settling issues involved in the divorce.

Gitlin on Divorce: A Guide to Illinois Family Law

For Illinois specific law, see Gitlin on Divorce: A Guide to Illinois Family Law, which while written for lawyers and judges, may be of help to non-lawyers. It is available at the Gitlin Law Firm, in and in Law Libraries including the law libraries in McHenry County, Lake County, and Kane County.

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Divorce Settlement Checklist

• Parental Responsibility and Parenting Time
  • Parenting Time Allocation
  • Review Website with Model Parenting Plans
  • Relocation (moving) to another state or an area outside of the allowed limits within Illinois: Generally 25/50 miles:
  • Decision making:
    • Education, including the choice of schools and tutors;
    • Health including decisions relating to medical, dental and psychological needs of the child including treatments;
    • Religion;
    • Extracurricular activities.
    • Standardized or Individualized Tax;
    • Amount
      • Base obligation;
      • Shared-physical care:
        • Determine the number of overnights in Parenting Plan;
        • Determine the health insurance cost for the children covered.
        • Value suspended through to 2025;
        • Form 8332 and the Under Age 17 Child Tax Credit
        • Health care needs not covered by insurance;
        • Child care:
          • Payable directly to a party;
          • Paid directly to the child care provider at the time of child care services.
          • Filing joint return for year before judgment (if married for all of tax year)
          • Tax refund
          • How title to be held:
            • Joint tenancy;
            • Tenancy in common.
            • Holding deed pending refinancing;
            • Length of time.
            • Sale provisions
            • Insurance (coverage and proof of premium payment)
            • Orthodontic, dental, psychological and optical
            • Co-payments, deductible and non-covered items
            • Length of obligation:
              • Child support terminating;
              • Longer of child support and educational support;
              • COBRA coverage if applicable;
              • Illinois mini-COBRA type laws;
              • Is spouse age 55 or older?
              • Proof of payment
              • Length of obligation
              • Cash value
              • Protection for:
                • Child support;
                • Maintenance (especially if indefinite);
                • Structured property settlements.
                • Award: “Only if” the court finds a maintenance award is appropriate.
                • Type:
                  • Reviewable;
                  • Fixed-term;
                  • Indefinite;
                  • Reserved.
                  • Qualification for:
                    • Age Limits: Age 23?
                    • For good cause shown age 25?

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                    The Gitlin Law Firm website is published as a service to our clients, colleagues and the internet community at large. This site is not designed to provide legal advice nor establish a client/lawyer relationship. Due to the general nature of the materials contained here, they may not apply to your individual legal circumstances. Contact the Gitlin Law Firm for advice on your individual situation. 815.338.9401

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                    The Gitlin Law Firm

                    • Gunnar J. Gitlin
                    • Stephanie A. Kasten