“Divorce” is not a dirty word. For some individuals and couples, the “point of no return” for fixing the issues in their marriage comes sooner than others. If you feel stressed, trapped, or unhappy in your marriage, talk to an experienced divorce lawyer about the issues at hand. By educating yourself about Illinois divorces and the actual steps involved in ending a marriage, you can reframe your feelings about your marriage to determine if filing for divorce is the best course of action.
Illinois couples can no longer choose between a fault-based and a no-fault divorce. Now, all divorces are officially due to “irreconcilable differences.”
To file for divorce in Illinois, one must have resided in the state for at least 90 days. To begin the legal process of ending his or her marriage, the individual must file a Petition for Dissolution of Marriage with the circuit court of the county where he or she lives or the county where his or her spouse lives.
In every divorce, equitable property division is part of the process. This can be a relatively simple process if the couple has few assets or a prenuptial agreement in place. When a couple has a large estate or disagrees about how their assets should be divided, it can be quite complicated.
The Illinois Marriage and Dissolution of Marriage Act provides the factors the court may consider when dividing a couple’s assets. The goal is to ensure that each party walks away with an appropriate share of his or her marital assets, based on factors like each party’s financial contributions to the marriage and the length of the marriage.
If a couple has children, developing a parenting plan is also part of their divorce. An Illinois parenting plan has two parts: parenting time and parental responsibilities. The court considers a set of factors to determine the parenting plan that best suits the children’s needs. These factors include:
Child support is determined using a formula that considers each parent’s income and amount of time with the child during a 365-day period. It is paid to help offset the expenses of raising a child.
Spousal support, also known as alimony, may be required as part of a divorce settlement. Generally, it is included in situations where one partner worked part time or chose not to work in order to care for the couple’s home and children.
To learn more about divorce, contact The Law Offices of George M. Sanders, P.C. today to set up your initial consultation with an experienced divorce lawyer. During your consultation, we can answer any questions you have and guide you toward the ideal divorce solution for you.