Divorce is a big decision, and if you’re considering it in Illinois, there are important things you should understand before you take the first step. This blog will highlight 7 crucial aspects of the divorce process in Illinois, including key legal considerations, timelines, and practical tips to help you prepare.
Key Takeaways:
Divorce is never easy, and it can be overwhelming, especially if you’re not sure where to start. If you’re considering divorce in Illinois, it’s essential to know what the process entails, what to expect, and how to protect your rights. At Reidy Law Offices, we understand how complex and emotional this time can be, and we’re here to guide you through every step.
Here are seven critical things you need to know before filing for divorce in Illinois:
Before you can file for divorce in Illinois, at least one of the spouses must meet the residency requirement. This means that either you or your spouse must have lived in Illinois for at least 90 days before filing for divorce. If neither of you meets this requirement, you may not be able to file in Illinois.
Illinois is a no-fault divorce state, which means you don’t have to prove that your spouse did something wrong to get a divorce. The most common grounds for divorce in Illinois is irreconcilable differences—basically, that the marriage has broken down beyond repair, and there’s no hope of reconciliation.
While this is the standard, there are other grounds for divorce, such as adultery or abandonment, but they rarely have a significant impact on the outcome. Most of the time, proving fault isn’t necessary, and irreconcilable differences are sufficient to move forward with the divorce.
In Illinois, property is divided based on equitable distribution, which doesn’t necessarily mean a 50/50 split. The court will divide marital property in a way that is fair, but not always equal. Factors such as the length of the marriage, each spouse’s financial situation, contributions to the household, and the needs of any children will be considered in deciding how to divide the assets.
For example, if one spouse contributed more financially to the marriage, or if one spouse stayed home to care for children while the other worked, the court may award a larger portion of the marital property to the non-working spouse. It’s important to understand that equitable distribution is about fairness based on the specific circumstances of your case, not an automatic equal division.
While Illinois no longer has strict alimony guidelines, spousal support, or maintenance, may still be awarded under certain circumstances. Courts may grant spousal support if one spouse needs financial help while they get back on their feet after the divorce.
Factors the court will consider include:
In some cases, maintenance may be temporary to help a spouse transition, while in other cases it may be permanent. A family law attorney can help you understand whether spousal support is likely in your case and how it may be calculated.
If you have children, child custody (now called allocation of parental responsibilities) and child support will be major considerations. Illinois courts prioritize the best interests of the child when determining custody and visitation arrangements. This can include things like each parent’s ability to care for the child, the child’s relationship with each parent, and the child’s needs.
In Illinois, joint custody is the preferred arrangement, but it isn’t always possible if the parents cannot agree. If you and your spouse cannot come to a mutual decision about custody, the court will make the decision based on what is in the child’s best interest.
Child support is determined based on the income of both parents, the number of children, and any other special needs the child may have. Illinois uses an income-shares model to determine support, meaning both parents’ income is taken into account when calculating the child support obligation.
While some divorces can be finalized quickly, many take longer than you might expect. The timeline depends on several factors, including whether the divorce is contested or uncontested. If you and your spouse are able to agree on the major issues like property division, custody, and support, the process can be relatively quick. However, if there are disputes, the process can take months, or even longer.
In Illinois, a divorce cannot be finalized until at least 90 days after the filing date, even if both spouses are in agreement. If the divorce is contested, the timeline can be much longer, depending on how many issues need to be resolved.
Illinois courts encourage couples to resolve their differences outside of the courtroom. In fact, before a trial, most couples are required to attempt mediation or another form of alternative dispute resolution (ADR) to try to reach an agreement on issues such as property division, custody, and support.
Mediation is a process where a neutral third party helps both spouses come to an agreement without going to court. If you and your spouse are able to work out a settlement through mediation, your divorce will proceed more quickly and with less cost. Even if you don’t reach a full agreement, mediation can help reduce the number of issues that need to be decided by the court.
Divorce is a complex process that involves emotional and financial considerations, and it’s crucial to understand the legal aspects involved in order to make informed decisions. Whether it’s determining spousal support, working through child custody arrangements, or dividing property fairly, the decisions you make during the divorce process will have lasting effects.
At Reidy Law Offices, we are committed to helping you navigate your divorce with professionalism, compassion, and skill. We’ll work with you to understand your unique situation, protect your interests, and help you move forward with confidence.
If you’re considering divorce in Illinois, it’s important to be well-informed about the legal process and how it can affect your future. Contact Reidy Law Offices today for a consultation, and let us help you navigate this challenging time with the care and professionalism you deserve.
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