Divorce is a challenging process, both emotionally and legally. For residents of Illinois, understanding the specific laws and procedures can make this difficult time more manageable. This guide aims to provide a comprehensive overview of the divorce process in Illinois, covering everything from filing requirements to child custody and property division.
Understanding the Grounds for Divorce
In Illinois, divorces can be granted on both fault and no-fault grounds. However, most divorces in the state are filed on no-fault grounds, which means that the spouses have irreconcilable differences that have led to the breakdown of the marriage. To file for a no-fault divorce, the couple must have been living separately for at least six months.
Fault Grounds
Although less common, Illinois law also allows for fault-based divorces. Grounds for fault-based divorce include:
- Adultery
- Desertion for at least one year
- Cruelty or abuse
- Habitual drunkenness or drug addiction for at least two years
- Conviction of a felony or other serious crimes
Filing for Divorce
The first step in the divorce process is filing a petition for dissolution of marriage with the circuit court in the county where either spouse resides. The petitioner (the spouse initiating the divorce) must serve the respondent (the other spouse) with the divorce papers. The respondent then has 30 days to file a response.
Jurisdiction and Residency Requirements
To file for divorce in Illinois, at least one spouse must have been a resident of the state for at least 90 days prior to filing. Additionally, if the couple has children, Illinois must be their primary home state for six months before the court can make decisions regarding child custody.
Division of Property
Illinois is an equitable distribution state, meaning that marital property is divided fairly, but not necessarily equally, between the spouses. Marital property includes all assets and debts acquired during the marriage, except for gifts and inheritances. Factors considered in property division include:
- The length of the marriage
- The financial contributions of each spouse
- The economic circumstances of each spouse after the divorce
- Any prenuptial or postnuptial agreements
Marital vs. Non-Marital Property
Non-marital property, such as assets owned before the marriage or received as a gift or inheritance, is not subject to division. However, if non-marital property has been commingled with marital property (e.g., using inheritance money to buy a family home), it may be considered marital property.
Child Custody and Support
Child custody decisions in Illinois are based on the best interests of the child. The court may award joint or sole custody, considering factors such as the child's relationship with each parent, the parents' living situations, and the child's wishes if they are of a suitable age.
Parenting Plans
Parents are encouraged to create a parenting plan outlining how they will share responsibilities and make decisions for their child. This plan should include:
- A schedule of when the child will be with each parent
- How holidays and vacations will be handled
- Decision-making authority for education, health care, and extracurricular activities
Child Support
Child support in Illinois is calculated based on both parents' incomes and the amount of time the child spends with each parent. The state uses a standardized formula to ensure fair support amounts. Factors that may influence the amount include:
- The needs of the child
- The financial resources of each parent
- The standard of living the child would have enjoyed if the marriage had not ended
Spousal Support (Alimony)
Spousal support, or alimony, may be awarded to one spouse to help them maintain their standard of living post-divorce. Illinois courts consider various factors when determining the need for spousal support, including:
- The length of the marriage
- The age, health, and financial situation of each spouse
- The earning capacity and employability of the spouse seeking support
- Contributions made by one spouse to the other's education or career
Types of Spousal Support
There are several types of spousal support available in Illinois:
- Temporary Support: Awarded during the divorce process to help one spouse maintain their living standard.
- Rehabilitative Support: Provided for a limited time to allow the recipient to become self-sufficient.
- Permanent Support: Rarely awarded and usually reserved for long-term marriages where one spouse cannot become self-sufficient.
Finalizing the Divorce
Once all issues have been resolved, either through agreement or court decision, the judge will issue a Judgment of Dissolution of Marriage. This document legally ends the marriage and outlines the terms of the divorce, including property division, custody arrangements, and support orders.
Post-Divorce Modifications
Life circumstances can change, and Illinois law allows for modifications to child support, custody, and spousal support orders. To request a modification, the petitioner must demonstrate a substantial change in circumstances, such as a job loss, significant increase in income, or relocation.
Contact Katz, Goldstein & Warren for Trusted Divorce Representation
Navigating a divorce can be complex and emotionally taxing. At Katz, Goldstein & Warren, we specialize in providing personalized, client-centered legal services tailored to your unique situation. Our experienced attorneys are dedicated to guiding you through every step of the process, ensuring that your rights and interests are protected. Whether you need assistance with property division, child custody, or spousal support, we are here to help. Contact us today to schedule a consultation and take the first step towards a brighter future.
Call us at 224-422-2694 or contact us online to learn more about our services and to schedule your consultation.