Divorce vs. Parentage Proceedings in Illinois Family Law
Robert Thomas • January 15, 2026
Understanding Divorce Proceedings in Illinois
Divorce in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq.). This statute outlines the legal framework for ending a marriage, including:
- Division of marital property
- Spousal maintenance (alimony)
- Allocation of parental responsibilities
The divorce process focuses on dissolving the marital relationship while ensuring fairness in financial and parental matters.
Understanding Parentage Proceedings in Illinois
Parentage cases, often referred to as paternity proceedings, fall under the Illinois Parentage Act (750 ILCS 56/101 et seq.). These proceedings establish the legal relationship between a parent and child. Key issues addressed include:
- Child support obligations
- Custody and decision-making authority
- Parenting time and visitation schedules
Unlike divorce, parentage proceedings are not about dissolving a marriage but about legally recognizing and enforcing parental responsibilities.
Key Difference Between Divorce and Parentage
The essential distinction lies in scope:
- Divorce proceedings dissolve a marriage and address financial and custodial matters between spouses.
- Parentage proceedings establish a parent-child relationship, converting a parent’s moral duty to support their child into a legally enforceable obligation.
Together, these laws ensure that both marital and parental responsibilities are clearly defined and upheld in Illinois family law.
