Russell Knight

How long does a divorce take in Illinois? Every case is different, but an uncontested divorce in Illinois can be finalized in as little as two to three months. A contested divorce involving disputes over property division, child custody, or spousal maintenance can take a year or longer, particularly in Cook County where court call volume is heavy. I tell clients that the timeline depends less on the law and more on whether both parties are willing to negotiate in good faith.

How is property divided in an Illinois divorce? Illinois is an equitable distribution state, not a community property state. Under 750 ILCS 5/503, the court divides marital property based on what is fair, which is not necessarily fifty-fifty. Factors include the duration of the marriage, each spouse's contribution to the acquisition of marital assets, the economic circumstances of each party, and any dissipation of marital assets. One of my most important jobs is identifying which assets are marital, which are non-marital, and whether any commingling has blurred that line.

Will I get custody of my children? Illinois no longer uses the term "custody." Since 2016, the law uses "parental responsibilities" and "parenting time" under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.5 and 602.7. Courts determine the allocation of parenting time based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home, school, and community, and any history of domestic violence or abuse.

How is spousal maintenance calculated in Illinois? For marriages where combined gross income is under $500,000, Illinois uses a statutory formula set out in 750 ILCS 5/504. The formula calculates both the amount and the duration of maintenance based on the length of the marriage. For higher-income cases or cases with unusual circumstances, the court has discretion to deviate from the formula. I advise clients early on what their likely maintenance exposure or entitlement looks like so there are no surprises at trial.

Do I need a prenuptial agreement? If you own a business, hold significant assets, have children from a prior relationship, or expect an inheritance, a prenuptial agreement under the Illinois Uniform Premarital Agreement Act, 750 ILCS 10, is one of the most effective ways to protect those interests. I also draft postnuptial agreements for couples who want to formalize financial arrangements during the marriage. The key to enforceability is full financial disclosure and independent legal review for both parties.

The most challenging aspect of family law is that no two cases follow the same path. A divorce involving a small marital estate and no children requires an entirely different strategy than a case with a family business, restricted stock units, pension benefits subject to a QILDRO, and a contested parenting schedule. My job is to identify the specific legal and financial pressure points in each case and build a strategy around them. Hopefully, that leads to a negotiated settlement but being prepared for a contested trial is absolutely necessary.

Illinois family law is also a moving target. The legislature and appellate courts regularly reshape the landscape. Staying current on these changes is not optional, in my opinion, so I read every single Illinois appellate decision and update my library of articles on a weekly basis. A family law attorney who relies on anecdotes of how things worked five years ago is doing a disservice to their clients. That is why I write extensively on Illinois family law developments and teach trial skills through the Illinois Institute of Continuing Legal Education.

Another challenge is the emotional dimension. Clients going through divorce are often making the most consequential financial and parenting decisions of their lives while under enormous stress. My role is to be the steady, strategic voice in the room. I translate the law into a clear set of options, give honest assessments of likely outcomes, and make sure no decision is driven by emotion alone. After 20 years of exclusively practicing family law, I have seen virtually every fact pattern and every courtroom dynamic. That experience allows me to give clients realistic expectations early, which reduces surprises, controls costs, and produces better results whether the case settles at mediation or goes to trial in Cook County, DuPage County, Lake County, or any courthouse in Illinois.

I did not set out to be a family law attorney. Like most law students, I assumed I would end up in a large firm doing corporate work or work for the State's Attorney. Family law found me early in my career, and what kept me in it were the lawyers I watched practice it at the highest level.

When I was starting out in Chicago, I was fortunate to appear in courtrooms alongside experienced family law attorneys who had been trying divorce cases for decades. What struck me was not just their command of the law, but rather, their professionalism. They fought hard for their clients, but they did it with civility. They returned phone calls. They kept their word on stipulations. They understood that a family law case is not a zero-sum game and that the opposing party is usually someone their client will have to co-parent with for years after the final parenting plan is entered. Those lawyers showed me that you can be an aggressive advocate without being a destructive one.

A few of those attorneys took the time to mentor me directly, even though many were opposing counsel. They walked me through how to structure a property division argument, showed me how to cross-examine a forensic accountant on a business valuation, or showed me how to present a parenting plan to a judge in a way that focuses on the child's best interests rather than a parent's grievances. That generosity shaped the way I practice today. It is also why I now teach trial skills through the Illinois Institute of Continuing Legal Education's Trial Training for Family Lawyers program. I believe experienced practitioners have an obligation to pass along what was given to them.

Nineteen years later, family law is all I do and all I ever want to do. Every case involves real families making real decisions about their futures, and the privilege of guiding people through that chapter of their life has never gotten old.

Running a law firm in two states while obsessively researching family law doesn't leave a lot of time for other interests. But, I do enjoy reading history and working out after work.  I split my time between Chicago and Naples, Florida while I coparent my two sons with their mother. When I recommend that everyone try to have an amicable relationship with their ex, I live by those words. 

If there is one thing I want prospective clients and fellow attorneys to take away from my profile, it is that family law is not a sideline for me. Family law is my entire professional identity. Family law is so broad that I have taken decades to completely master the subject

My firm, the Law Office of Russell D. Knight, operates in two of the most active family law markets in the country — Chicago, Illinois, and Naples, Florida. In Illinois, I regularly appear in Cook County, DuPage County, and Lake County. In Florida, I serve clients in Collier County and Lee County. Maintaining a practice across two states with different statutory frameworks, the Illinois Marriage and Dissolution of Marriage Act and the Florida Dissolution of Marriage statute, lets me see "the forest from the trees" better than a single-jurisdiction family law practice can offer.

I have invested heavily in legal education, both as a student and as a teacher. My training includes the National Family Law Trial Institute's Kolodny Trial Skills Course, the National Institute for Trial Advocacy's deposition program, and the NFLTI's advanced cross-examination course. I teach trial skills to other family law attorneys through the Illinois Institute of Continuing Legal Education. Finally, I have published more than 800 articles on Illinois and Florida family law, a body of work I add to regularly because the law never stops evolving and neither should the attorneys who practice it. I am honored to be a resource to my fellow family law practitioners. 

I welcome inquiries from anyone facing a family law matter in Illinois or Southwest Florida. I can be reached through RDK Legal at rdklegal.com or at divorceattorneynaplesfl.com.