Critical Steps to Take When Contemplating Divorce In Illinois

Divorce is a difficult life transition, and our role as attorneys is to guide you through it with as much clarity and support as possible. Taking the proper steps early on can significantly impact your case, your financial future, and your family’s well-being. Illinois divorce laws can be intricate, requiring a thorough understanding of legal procedures, asset division, and custody arrangements. If you are contemplating divorce, it is important that you understand your legal rights, responsibilities, and potential case outcomes. We will now discuss the critical steps you should take when contemplating divorce, ensuring you’re well-prepared to make informed decisions.

Understand The Grounds For Divorce In Illinois

Illinois operates under a “no-fault” divorce system, which means that the only grounds for divorce are “irreconcilable differences” (750 ILCS 5/401). This standard indicates that the marriage has irretrievably broken down, and attempts at reconciliation have failed. Unlike in the past, there’s no need to prove fault or misconduct by either spouse, making this aspect of the process more straightforward. This approach allows the divorcing spouses to focus on the breakdown of the marriage rather than assigning blame. This is designed to make the process more amicable and less contentious.

Evaluate Your Financial Situation

One of the most important aspects of any divorce is understanding your financial situation. We always recommend gathering financial documents, including bank statements, tax returns, retirement accounts, and investment portfolios. Illinois follows the principle of “equitable distribution” (750 ILCS 5/503), meaning marital assets are divided fairly, though not necessarily equally. A clear understanding of your finances allows us to advocate for a fair division of property, spousal support, and other financial arrangements.

Consider Child Custody And Support

For couples with children, addressing child custody and support early on is crucial. Illinois law emphasizes the child’s best interests when determining custody arrangements, now referred to as the “allocation of parental responsibilities” (750 ILCS 5/602.5). We work closely with our clients to create a parenting plan that reflects the needs of the children and the capabilities of each parent. Child support calculations in Illinois are based on an “income shares” model (750 ILCS 5/505), which considers both parents’ incomes and allocates support accordingly.

Protect Your Assets And Credit

If you’re contemplating divorce, it’s wise to protect your financial interests. Consider closing joint credit accounts and opening individual ones to prevent potential financial issues. This step is crucial to avoid accumulating joint debt during the divorce process. We can assist in creating a strategy to protect your assets, ensuring a smooth transition into your post-divorce financial life.

Document Everything

Keeping detailed records is essential. Document communications with your spouse, financial transactions, and interactions involving your children. Having organized records can strengthen your case and ensure you have the necessary evidence to support your claims, especially when addressing contested issues like asset division or custody.

Seek Legal Guidance Early On

Navigating the divorce process can be complex, but having experienced legal guidance from the outset can make a significant difference. Illinois law requires specific procedures, timelines, and paperwork, and working with skilled divorce attorneys ensures you don’t overlook any critical details. We’re here to help you understand your rights, evaluate your options, and advocate for your interests throughout the divorce process, empowering you to take control of your situation.

FAQs About Divorce In Illinois

What Is The Residency Requirement For Filing For Divorce In Illinois?

To file for divorce in Illinois, at least one spouse must have lived in the state for at least 90 days before filing (750 ILCS 5/401). If you meet this requirement, you can file in the county where either spouse resides.

How Is Marital Property Divided In An Illinois Divorce?

Illinois follows the principle of equitable distribution (750 ILCS 5/503). This means marital property is divided fairly based on factors like the length of the marriage, contributions of each spouse, and future financial needs. Marital property includes assets acquired during the marriage, such as the family home, retirement savings, and joint bank accounts, while non-marital property generally includes assets owned before the marriage or received as gifts or inheritances, like a car owned before the marriage or inheritance received during the marriage.

What Factors Influence Spousal Maintenance (Alimony) In Illinois?

The court considers several factors when determining spousal maintenance (750 ILCS 5/504), such as each spouse’s income, earning capacity, age, health, and the standard of living established during the marriage. Illinois law provides guidelines for calculating maintenance, but the court retains discretion to adjust amounts based on individual circumstances.

How Is Child Support Calculated In Illinois?

Child support is calculated using an income shares model (750 ILCS 5/505), which considers both parents’ incomes, the number of children, and the amount of parenting time each parent has. The goal is to ensure that the child’s financial needs are met in a manner similar to what they would have experienced if the parents remained together.

Can We Agree On Our Own Terms For Custody And Support?

Yes, parents can create their own parenting plan and child support arrangements, but the court must approve them to ensure they align with the child’s best interests (750 ILCS 5/602.10). We recommend working with an attorney to draft an agreement that protects your rights and is likely to be approved by the court.

Contact Our Chicago Divorce Attorneys For Exceptional Representation

The divorce process can be overwhelming, but you don’t have to face it alone. At Gordon & Perlut, LLC, we understand Illinois divorce laws and are committed to helping you through every step of the process. If you’re contemplating divorce or have questions about your rights and options, contact our Chicago divorce attorney at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. Our offices are located in Illinois, and we proudly serve clients throughout Northeast Illinois. Let us provide the guidance and support you need during this challenging time.