Arlington Heights Divorce Lawyer

Making the decision to end your marriage is surely not one you’ll come to easily. And perhaps equally difficult is knowing how to navigate the divorce process once the decision to split ways has been made. At the law offices of Gordon & Perlut, LLC, our Arlington Heights divorce lawyers are here to represent you and make sure that your interests are protected. Call our law firm today for help pursuing your divorce or settling issues in your divorce.

Illinois Divorce Laws: What You Need to Know if You’re Filing for Divorce in Arlington Heights

Before you can file for divorce in Illinois, it’s important to understand what the laws are regarding the dissolution of marriage. Keep the following in mind:

Residency requirement. Residency requirements must be satisfied before the court will accept a petition for dissolution of marriage. At least one spouse must be a resident of the state for a minimum of 90 days prior to filing.
Grounds for divorce. When you file your petition for dissolution of marriage, you must state the grounds on which you are seeking your divorce. Illinois is now a no-fault divorce state, which means that you will file based on the grounds of irreconcilable differences. According to Illinois divorce laws, if the parties have lived separate and apart for at least six months, there will be an irrebuttable presumption that the requirement of irreconcilable differences has been met.
Filing fee. Note that when you file for divorce, you will have to pay a filing fee.

Navigating Tough Issues in a Divorce

Once your divorce has been filed, there are numerous issues that must be resolved in the divorce case before the divorce can be settled. This includes:

There are typically two different ways that these issues can be resolved: through out-of-court negotiations and/or mediation involving each party, or through divorce litigation. The former option is strongly advised; if you and your spouse can work together to resolve issues, your divorce case will conclude faster and will be less expensive. Of course, this is not always possible for couples, particularly those in an especially contentious marriage. For these couples, litigation may be necessary.

Frequently Asked Questions About Divorce In Illinois

What are the grounds for divorce in Illinois?

Illinois operates under a no-fault divorce system. This means that neither spouse needs to prove wrongdoing, such as infidelity or abuse, to obtain a divorce. The only legally recognized ground for divorce is “irreconcilable differences,” which signifies that the marriage has suffered an irretrievable breakdown. If both spouses agree to the divorce, the court automatically assumes irreconcilable differences. If one spouse contests the divorce, however, the court may require proof that the couple has lived separately for a minimum of six months, demonstrating the breakdown of the relationship.

How do I start the divorce process?

To commence the divorce process, one spouse (the petitioner) must file a legal document known as the Petition for Dissolution of Marriage in the circuit court of the county where either spouse has lived for the past 90 days. The petitioner is obligated to: – Satisfy the residency requirement. – Serve the other spouse with legal notice through a process server or sheriff. – Fully disclose financial information, including income, property, debts, and expenses. In many cases, temporary orders may be sought to address urgent matters such as child support, custody arrangements, or spousal maintenance while the divorce proceedings are ongoing.

How is property divided in Illinois?

Illinois adheres to the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally. Marital property encompasses assets and debts acquired during the marriage, including:

Real estate (homes, land)
Retirement accounts (pensions, 401(k) plans)
Personal property (vehicles, furniture)
Business interests and professional licenses

The court will examine various factors to determine what constitutes a fair division, including each spouse’s contributions to the marital estate, their respective earning capacities, the length of the marriage, and the arrangements made for child custody. It is important to note that non-marital property, such as inheritances, gifts received from a third party, or assets acquired before the marriage, is typically excluded from property division.

What is spousal maintenance (alimony)?

Spousal maintenance, often referred to as alimony, may be awarded to one spouse based on several factors, which include:

The length of the marriage.
The financial circumstances of each spouse, including income and needs.
The standard of living established during the marriage.
The ages and health conditions of both parties.

In Illinois, a statutory formula may be used to calculate maintenance for couples whose combined income is under $500,000 per year. For couples with a higher combined income, the court retains discretion and may consider additional factors. Maintenance can be designated as temporary (for a fixed period), fixed-term, or indefinite, based on the unique circumstances of the case and the needs of the receiving spouse.

How is child custody determined?

In Illinois, the legal terminology for child custody has evolved to “allocation of parental responsibilities.” This framework addresses crucial aspects such as:

Decision-making authority regarding significant issues like education, healthcare, and religion.
The amount of time each parent spends with the child, which was previously known as visitation.

The court prioritizes the best interests of the child when making custody determinations. Key considerations include:

The level of cooperation between parents.
The child’s relationship with each parent and siblings.
The safety, stability, and suitability of each home environment.
The child’s wishes, which may be considered based on their age and maturity level.

Parents are encouraged to submit a mutually agreed-upon parenting plan outlining these responsibilities, but if they cannot reach an agreement, the court may impose its own plan.

How is child support calculated?

Illinois employs the Income Shares Model to calculate child support, which is designed to allocate the financial responsibilities of raising children based on the income of both parents. The key factors include:

The combined income of both parents.
The number of children requiring support.
The allocated parenting time for each parent, which recognizes the cost of supporting children while they are in each parent’s care.

Child support may encompass various expenses beyond basic financial support, including health insurance costs, childcare expenses, extracurricular activities, and contributions toward college tuition. Payments are generally processed through the Illinois State Disbursement Unit (SDU), which assists in tracking payments and ensuring compliance.

How long does a divorce take?

The duration of the divorce process can vary widely depending on several factors, including the complexity of the case, the degree of cooperation between spouses, and any disputes that may arise. Generally:

An uncontested divorce, where both parties agree on all major issues, can typically be finalized within 2 to 6 months.

A contested divorce, which may involve disputes over property division, child custody, or support, can take anywhere from 6 to 18 months or even longer, depending on the court’s schedule and other factors.

Factors that can extend the timeline include children’s custody disputes, asset valuations, and delays in court scheduling.

Do I need a lawyer?

While it is not mandatory to hire a lawyer for divorce proceedings, it is highly advisable to seek legal representation, especially in cases involving children, significant assets, or spousal support. An attorney can provide valuable assistance by:

Protecting your legal rights throughout the process.

Navigating the complexities of court procedures and rules.

Negotiating equitable settlements and agreements.

Drafting necessary legal documents to ensure compliance and enforceability.

Work with Our Experienced Arlington Heights Divorce Lawyer

Whether you are contemplating divorce or are already engaged in legal proceedings, it is highly beneficial to consult with a qualified family law attorney who can guide you through the process and provide support during this challenging time

As you think about divorce and start the process of filing or responding to a petition for dissolution of marriage in Arlington Heights, be sure to consider the value of working with an attorney. Even if your divorce is relatively amicable, having a lawyer on your side who can review your divorce settlement and advocate for your interests can protect you in the long-term.

At the law offices of Gordon & Perlut, LLC, our Arlington Heights divorce lawyers are available to sit down with you and discuss your divorce case at your convenience. Reach out to our law firm today by phone at 312-360-0250 or contact us online here to get started.