Filing for divorce can be one of the most complicated and difficult choices you will have to make. Whether you are anticipating a relatively stress-free divorce in which you and your spouse agree to all terms or you are anticipating a contentious divorce that will require the court to make decisions about financial matters and child custody, you should be sure to have experienced counsel on your side. The dedicated Chicago divorce lawyers at our firm can discuss your case with you today and can get started on filing your petition for divorce.
At the Law Offices of George M. Sanders, P.C., we handle many different types of family law issues pertaining to divorce, including but not limited to the following:
To get started on a divorce case, you will need to file a petition for the dissolution of marriage. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), anyone filing for divorce in Chicago no longer needs to state grounds for divorce. While Illinois previously had fault-based grounds for divorce, it is now what is known as a ‘no-fault state’. As a no-fault state, a married couple can get divorced if the court finds that the couple has irreconcilable differences and that the marriage cannot be saved.
How does the court determine whether there are irreconcilable differences such that a divorce should be granted? In situations in which the parties have lived separate and apart for a continuous period of at least six months, the court presumes that the requirement of irreconcilable differences has been met.
Illinois law divides marital property according to a theory of equitable distribution. This means that only marital property, including assets and debts that are property of the marriage, will be divided. When marital assets and debts are divided, the court divides them based on what is fair or equitable to both of the spouses. The court looks at a number of different factors in determining what kind of division or distribution is equitable under the circumstances of the case.
It is important to understand that separate or non-marital property is not divided in a divorce. Separate property typically includes all property acquired before the marriage, as well as gifts and inheritances acquired by only one of the parties during the marriage.
If you have questions about divorce or need assistance with your case, a Chicago divorce attorney can assist you. Contact the Law Offices of George M. Sanders, P.C. today.
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