Divorce

Frequently Asked Questions About Divorce In Illinois

What are the grounds for divorce in Illinois?

Illinois operates under a no-fault divorce system, which means that you do not need to provide proof of any wrongdoing to obtain a divorce. The sole ground for divorce is irreconcilable differences, indicating that the couple can no longer remain together. If both spouses consent to the divorce, the court will automatically accept that irreconcilable differences exist. In instances where one spouse disputes the divorce, the court may still grant it if the couple has been living separately for a minimum of six months, reflecting the nature of their disconnection.

How do I start the divorce process in Illinois?

To begin the divorce process, one spouse must take the essential first step of filing a Petition for Dissolution of Marriage in the circuit court of their local county. It is important to note that Illinois has a residency requirement; at least one spouse must have lived in the state for at least 90 days before filing the petition. After the initial filing, the other spouse will be formally served with legal papers and will have a designated period to respond to the claims made in the petition.

How is property divided in an Illinois divorce?

In Illinois, the division of property follows the principle of equitable distribution, meaning that marital assets are divided fairly, although not necessarily in equal portions. The court takes into consideration various factors, including:

• The length of the marriage, which reflects the shared history and contributions of both spouses.
• Each spouse’s specific contributions to the marital property, whether financial or otherwise.
• The economic circumstances of both parties, ensuring that divisions do not leave either spouse in financial distress.
• Arrangements concerning child custody and support, which may influence the division of resources.

It’s important to highlight that only marital property—assets acquired during the marriage—is subject to division. Non-marital property, including gifts, inheritances, and assets owned prior to the marriage, generally remain with the original owner.

What about child custody and parenting time?

In the context of child custody, Illinois utilizes the term “allocation of parental responsibilities” rather than simply “custody.” The court will determine critical aspects of parenting, including: – Who makes important decisions regarding the child’s education, health care, religious upbringing, and extracurricular activities. – A detailed parenting time schedule, outlining when the child will spend time with each parent. The court’s primary focus is the best interests of the child, which encompasses examining factors such as the level of cooperation between parents, the individual needs of the child, and each parent’s capability to provide a stable and nurturing environment.

How is child support determined?

Child support in Illinois is calculated using an income shares model, which considers several factors to ensure that the child’s financial needs are met fairly. This calculation includes: – The income levels of both parents, providing a comprehensive picture of available resources. – The number of children involved, as more children will typically affect the overall support obligation. – The allocation of parenting time, recognizing how much time each parent spends with the child. To aid in estimating child support payments, the Illinois Department of Healthcare and Family Services has a calculator available. Courts do, however, have the discretion to deviate from these guidelines should special circumstances arise that warrant a different support arrangement.

Can I get spousal support (alimony)?

Yes, it is possible to receive spousal support, commonly referred to as alimony, but such awards are not guaranteed. Illinois courts may grant maintenance based on a variety of factors:

• The length of the marriage, which helps determine the level of financial interdependence.
• Each spouse’s income and earning potential, which evaluates their ability to sustain themselves post-divorce.
• The standard of living established during the marriage, aiming to maintain a similar quality of life for both spouses if possible.
• Significant contributions made to the marriage, such as homemaking or supporting the other spouse’s education.

Maintenance may be temporary, fixed-term, or indefinite, depending on the specific circumstances of the case.

How long does a divorce take in Illinois?

The timeline for divorce in Illinois can vary significantly based on the specifics of each case. An uncontested divorce, where both parties agree on all terms, may typically conclude within a few months. In contrast, contested divorces that involve disputes over property, child custody, or support can extend for a year or more. Additionally, factors such as mandatory waiting periods and court scheduling can influence the overall duration of the divorce process.

Do I need a lawyer to get divorced in Illinois?

While hiring legal representation is not a statutory requirement, it is highly advisable to have professional guidance—especially in cases involving children, significant assets, or contested issues. The legal landscape can be complex, and Illinois courts provide self-help resources, but navigating this system without assistance can be challenging and may lead to unfavorable outcomes.

Can we use mediation instead of going to court?

Yes, mediation is a viable alternative to litigation and is encouraged for resolving disputes regarding parenting and financial matters. Mediation often offers a more efficient, cost-effective, and collaborative approach compared to traditional courtroom settings. In some counties, mediation may even be required for custody disputes before a trial can take place, reflecting a trend towards amicable resolutions and cooperative co-parenting arrangements.