In 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent a major overhaul. For example, the state officially adopted the legal theory of no-fault divorce and did away with the term “child custody,” instead, requiring courts to refer to the division of parenting time and parental responsibilities. Although these changes simplified the divorce process, dissolving a marriage is still no easy feat, as it requires couples to contend with a host of related issues, including property division, alimony, and child support. To ensure that your own divorce is handled properly, please contact an Oak Park divorce lawyer who has the resources and experience to represent your interests.
Under Illinois law, couples are only permitted to file for divorce if at least one of the parties has lived in the state for no less than three months. Fortunately, this time period is calculated from the date of the divorce judgment and not from the date of filing, so most residents who wish to file for divorce in the state are eligible to do so. Couples are also required to file for divorce in the county in which they live, although this requirement can be waived if both parties agree to a different venue.
One of the most complicated issues with which divorcing couples must cope is property division. Illinois is an equitable division state, which means that all of a couple’s marital assets, or assets obtained by either spouse during the course of the marriage, must be divided equitably upon dissolution of that marriage. Non-marital property, on the other hand, which includes assets obtained by either party before the marriage took place as well as gifts and inheritances, will remain in the possession of the original owner. Determining which assets fall under the category of marital property and which are considered separate property can be difficult, especially if assets that would normally be treated as separate are commingled during the course of the marriage. To ensure that your own assets are divided fairly upon divorce, it is important to speak with an experienced Oak Park divorce lawyer who can help you account for, list, and assign a value to your assets.
Illinois residents who decide to file for divorce will also need to come to an agreement regarding spousal maintenance before a judge will finalize their divorce. If a couple cannot agree on whether one spouse will make regular alimony payments to the other, courts have the discretion to step in and decide whether or not to award spousal maintenance. When making this determination, courts assess a variety of factors, including:
In the event that a spousal maintenance award is deemed appropriate in a particular case, the court will assign them amount and duration of future payments based on a series of predetermined guidelines.
To speak with a dedicated Oak Park divorce lawyer about filing for divorce in Illinois, please call The Law Offices of George M. Sanders P.C. today. You can also reach us by completing one of our brief online contact forms.