Forest Park Child Custody Attorney

Frequently Asked Questions About Divorce In Illinois

What are the legal grounds for divorce in Illinois?

In Illinois, the legal framework surrounding divorce is founded on the principle of no-fault, which simplifies the process considerably. This means that spouses can obtain a divorce solely on the grounds of irreconcilable differences, without needing to assign blame for issues like adultery, abuse, or abandonment. If both parties are in agreement, the court automatically assumes that irreconcilable differences exist. However, if one spouse disputes the divorce, the court may require evidence that the couple has lived separately for a minimum of six months, ensuring there’s ample time to address their differences.

What are the residency requirements?

To initiate a divorce proceeding in Illinois, at least one of the spouses must have established residency in the state for at least 90 consecutive days before filing the divorce petition. This petition must be submitted to the circuit court located in the county where either spouse currently resides, emphasizing the importance of local jurisdiction in these matters.

How is property divided in an Illinois divorce?

Illinois implements an equitable distribution approach for dividing marital property, which does not necessarily result in an equal split but focuses on fairness. Marital property encompasses all assets acquired during the marriage, including:

• Real estate, such as homes or land
• Bank accounts, encompassing savings and checking accounts
• Retirement funds accumulated during the marriage
• Vehicles that were purchased jointly

When dividing assets, the court evaluates factors like each spouse’s contributions to the marriage, their individual earning potential, and any custody arrangements in place. Conversely, non-marital property—such as inheritances, gifts, or assets possessed prior to the marriage—is typically excluded from this division process.

What is spousal maintenance?

Spousal maintenance, previously known as alimony, refers to financial support that one spouse may be required to pay to the other post-divorce. This support is determined based on several factors, including:

• The duration of the marriage, recognizing long-term commitments
• The income and financial needs of both spouses, ensuring fairness in support
• The standard of living established during the marriage, which helps maintain a sense of stability
• The age and health of both spouses, as these can significantly impact their ability to earn income

For couples with a joint income of under $500,000 per year, Illinois offers a statutory formula to assist in calculating maintenance amounts. In cases where the income exceeds this threshold, the court has the discretion to decide the appropriate maintenance based on the specifics of the situation.

How is child custody determined?

In Illinois, the term “allocation of parental responsibilities” is utilized rather than traditional custody to outline how decisions about a child’s upbringing are made. The court determines key aspects such as:

• Who is responsible for making significant decisions regarding the child’s education, healthcare, and religious upbringing
• The specifics of parenting time, previously referred to as visitation, which defines how much time each parent will spend with the child

The court’s decisions center on the best interests of the child, taking into account considerations such as:

• The level of cooperation between parents
• The child’s relationships with each parent and how those relationships affect their wellbeing –
• The stability and safety of the living conditions provided by each parent
• The child’s own preferences and wishes, depending on their age and maturity level

How is child support calculated?

Illinois employs the Income Shares Model to determine child support obligations, which takes into account:

• The combined incomes of both parents
• The number of children involved in the case
• The distribution of parenting time between the parents

Support calculations may also factor in additional expenses such as health insurance, childcare, and costs associated with extracurricular activities. Typically, child support payments are processed through the Illinois State Disbursement Unit (SDU) to ensure transparency and reliability.

How long does a divorce take?

The duration of divorce proceedings can differ significantly based on the specific circumstances:

• An uncontested divorce, where both parties agree on all terms, generally takes about 2 to 6 months to finalize
• In contrast, a contested divorce, where disputes arise over various issues, can extend anywhere from 6 months to 18 months or more

Delays in the process often stem from disagreements regarding child custody, property division, or financial support, as well as scheduling constraints within the court system.

Do I need a lawyer?

While hiring a lawyer is not mandatory, it is highly advisable, especially in cases where children, significant property, or financial support issues are involved. An experienced attorney can:

• Safeguard your rights and interests throughout the legal process
• Navigate the complexities of court procedures and legal requirements
• Draft enforceable agreements that accurately reflect the parties’ wishes
• Skillfully negotiate settlements that provide equitable outcomes for both parties