If you are considering filing for divorce, take the time to educate yourself about the process before you start working with a divorce lawyer. Illinois’ divorce law, The Illinois Marriage and Dissolution of Marriage Act, provides the laws and guidelines for every aspect of divorces filed in Illinois, including how parenting schedules are to be determined, how property is to be divided, and the filing requirements for individuals seeking divorce.
In order to file for divorce in Illinois, you or your spouse must have resided in the state for at least 90 days prior to filing for divorce. Being stationed in Illinois as a member of the military for 90 days counts as residing in the state.
In Illinois, all divorces are no-fault divorces. Before filing for divorce, a couple must live separate and apart for at least six months. This does not necessarily mean they must live in different households.
To file for divorce in Illinois, an individual must file a Petition for Dissolution of Marriage with the circuit court of the county where he or she lives or where his or her spouse lives.
A divorce is the legal dissolution of a marriage. As such, it requires that the court consider the party’s circumstances and future needs to determine an appropriate allocation of their assets. Your divorce will involve the division of your marital assets, no matter how large or small your marital estate. Depending on your circumstances, it can also involve:
If you complete your divorce in court, the court uses available data to make rulings on the issues discussed above. This is not the only way you can complete the divorce process. You could end your marriage through mediation, which is the process of reaching a settlement through guided discussions with a mediator, or collaborative divorce, which is where you and your spouse work together to determine the terms of your divorce settlement.
For your parenting plan, the court must determine an arrangement that best fits your children’s needs. Child support is determined through a formula that considers both parents’ incomes and the amount of time each spends with the children. Your property is divided according to the doctrine of equitable distribution, meaning that you will receive fair, but not necessarily equal, shares of your marital property, and if spousal maintenance is awarded, it is awarded after the court considers both parties’ current and projected future financial circumstances.
When you are ready to move forward with your divorce, or if you simply want to learn more about the process or specific issues related to family law, set up your free consultation with an experienced divorce lawyer at Women’s Divorce & Family Law Group today. We focus on the issues that affect women most during the divorce process and in the years that follow.
100 Saunders Rd.
Lake Forest, IL 60045
3333 Warrenville Rd.
Lisle, IL 60532
77 W. Wacker Drive
Chicago, IL 60601
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