Libertyville Divorce Attorney

Libertyville Divorce Attorney

Libertyville Divorce Attorney

dad and son on computer searching for a divorce law firm evanstonWhen you have tried everything to save your marriage and nothing worked, the healthiest option for your family is divorce. The best way to approach a divorce is to speak with an experienced divorce lawyer and take time to learn about the divorce process on your own before you make any drastic decisions.

Filing for Divorce in Illinois

The Illinois Marriage and Dissolution of Marriage Act contains all the laws and guidelines related to divorce in Illinois. This includes the state’s residency and filing requirements and how courts are to make determinations for individual divorce settlements. These requirements include:

  • To file for divorce, an individual or his or her spouse must have resided in Illinois for at least 90 days;
  • The couple must have been living “separate and apart” for at least six months before filing for divorce;
  • The divorce must be filed with the circuit court of the county where the filer or his or her spouse resides; and
  • Illinois no longer recognizes fault-based divorces. All divorces in the state are no-fault divorces, which mean the couple does not have to prove anything beyond that their marriage ended due to irreconcilable differences.

Elements of a Divorce Settlement

Every divorce involves the division of the couple’s marital property. This is the property that was obtained or developed during the marriage.

Depending on the circumstances present in your marriage, your divorce settlement could also include the following rulings:

  • A child support order;
  • A parenting plan; and
  • A spousal maintenance order.

Each of these determinations is reached differently. To divide your assets, the court uses the principle of equitable distribution to reach a fair division that considers both of your current and future personal and financial needs. To determine a spousal maintenance order, the court considers factors like the length of your marriage and both parties’ current and projected incomes. Creating a parenting plan involves the consideration of similar factors to find what is in the children’s best interest, and child support is determined according to a formula that uses the parents’ incomes and time spent with the children to determine the amount of support each must provide.

Reaching your Divorce Settlement

Your divorce does not have to be completed in the courtroom. Consider an alternate divorce method like collaborative divorce or mediation, both of which give the couple greater control of their divorce’s outcome.

Your lawyer is your advocate through the divorce process. He or she can help you identify your goals, work with the court and the professionals who may play a role in your divorce, and negotiate with your spouse’s lawyer to help you reach a satisfying settlement.

To learn more about the divorce process and what you can expect from it with your specific circumstances, schedule your free legal consultation with an experienced divorce attorney at Women’s Divorce & Family Law Group. We can answer any questions you have and help you determine the right way to proceed with your divorce.

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