August 13, 2019
After years of struggling to reconcile yourself to the various issues you and your partner face, finally making the decision to get a divorce can come as a relief. You may be eager to file the required paperwork and begin rebuilding your life. However, it is vital to be aware of the legal requirements for divorce in Illinois and factors that make these proceedings more complex. While a divorce can be granted in as little as a few months, the following are four common issues that could increase this time and the amount of effort needed to get a final judgment.
Under the Illinois Statutes (750 ILCS 5/401), one of the primary considerations in your divorce timeline is whether you and your spouse meet residency requirements.
One or both of you must have been a legal resident of the state for at least 90 days prior to filing. If you lived at another location for the majority of your marriage and your spouse moved back to that location after the divorce was filed, this could complicate things. You may still be entitled to file for divorce in Illinois, but another court may claim jurisdiction when it comes to the division of marital property located elsewhere, such as a family home.
Division of marital property and assets is often one of the most hotly contested issues in divorce cases. High-asset divorce cases and those in which a spouse is attempting to hide assets require more effort and take longer to resolve. As settlements reached during these proceedings can impact your financial security now and for years into the future, you want to be sure you get what you deserve in the split.
Business ownership can be one of the most complex issues in divorce. The first step is to get a proper valuation. If it is one both of you own, Forbes advises considering whether you can continue to operate it despite your divorce or whether one partner wants to buy the other out.
One of the most common causes of delays in divorce proceedings is when one of the partners refuses to cooperate. This extends the time needed for filing pleadings, scheduling hearings, and dealing with matters that must be resolved before a final order can be issued.
At the Women’s Divorce & Family Law Group, we have the legal expertise needed to resolve your case in the most efficient and effective manner possible, regardless of the special circumstances that may exist. Contact our Chicago area divorce attorneys and request a consultation today.