Illinois Family Law Terms to Know

 Posted on December 28, 2023 in Family Law

If this is your first time going through a family law case in Illinois, some of the language used might sound odd or confusing at first. Illinois changed some of the terms it uses to refer to things like the time a parent spends with their child after divorce. Other terms have remained unchanged for years, but you may not have encountered them before. Although it can take some getting used to, most of the terms Illinois uses are quite self-explanatory. You may still hear old terms like “child custody” used informally. Your DuPage County, IL, family law attorney may even use these terms when discussing your case with you for clarity. However, in legal documents, the new terms will be used, so it is important to know them

Understanding Family Law Terms in Illinois

Some of the terms you might encounter in a family law case include:

• Parentage - Not all children have a legal mother and a legal father. Babies can be born the legal child of two same-sex parents. The term “parentage” replaces the much more limited term “paternity.” “Paternity” generally refers only to determining who a child’s biological father is.
• Parenting time - Parents no longer have “physical custody” of or “visitation” with their children. They have “parenting time.” Neither parent is considered a visitor in the child’s life. 
• Parental responsibilities - “Parental responsibilities” refers to the collection of duties a parent has toward their child. The term “legal custody” used to refer to decision-making responsibility. Now a parent is said to have been allocated the responsibility to make, for example, medical decisions for their child. 
• Dissolution - “Dissolution of marriage” means “divorce.” It is a gentler way of phrasing the concept. 
• Maintenance - Formerly called “alimony” or “spousal support,” maintenance is money one spouse is ordered to pay the other to cover some or all of their expenses after divorce. 
• Qualified domestic relations order - If one of you has a retirement account, the other likely has a claim to a portion of those funds. This type of court order can separate out your portion of the retirement savings. 
• Arrearage - If your co-parent has fallen behind on child support or maintenance, the amount they owe is their arrearage. 
• Guardian ad litem - A specially trained individual who interviews children to help the judge understand what is in their best interest. 

While the “legalese” in family law might be confusing at first, your lawyer will be there to provide clarification.

Contact a Wheaton, IL, Family Law Attorney

Andrew Cores Family Law Group can meet most family law needs. Our experienced DuPage County, IL, family law attorneys are well-versed in a number of family law topics, from divorce to parentage. Contact us at 630-871-1002 for a complimentary consultation