The State of Illinois allows divorce on the basis of irreconcilable differences, which is considered a no-fault divorce. Divorce in Illinois can no longer be based on marital misconduct or fault, and such misconduct will not play a role in the division of your marital property or in the allocation of spousal maintenance (also called alimony). Nevertheless, the court does have significant discretion in making these important determinations, and certain types of marital misconduct can play an important role in a divorce proceeding.
Divorce FAQs
Divorce FAQs
Every divorce is unique with its own set of facts. A divorce is a significant life event, and people involved in a divorce or facing the prospect of a divorce will naturally have many questions. Familiarizing yourself with the answers to commonly asked questions can help you better navigate the divorce process. If you are going through a divorce or believe a divorce proceeding is necessary or likely to happen, consult with an experienced Chicago divorce lawyer today.
Does Illinois have a Separation Requirement?
If you and your spouse are in agreement about pursuing a divorce, there is no separation requirement before you file for divorce. If, on the other hand, one of you objects to the divorce, there is a six-month separation requirement. While you are not required to live in separate homes, you are required to be “separated” – to no longer live as a married couple.
How Is Marital Property Divided in an Illinois Divorce?
While many states are community property states, which means that marital property is divided equally between both divorcing spouses, Illinois is an equitable property state. This means that the marital property acquired during the marriage will be divided by taking into account a number of factors that include, but are not limited to:
- Each of your individual contributions to the acquisition of your marital property
- You and your spouse’s individual capacity to earn into the future
- The value of you and your spouse’s non-marital property
- The length of your marriage
- The age, health, and education of each spouse
- Your children’s custodial arrangements
- Any financial obligations that either of you has from a prior marriage
- Any prenuptial contractual agreements
Do I Need an Attorney to Obtain a Divorce in Illinois?
You are not required to have a divorce attorney represent you in order to obtain a divorce in the State of Illinois. The fact is, however, that the outcome of your divorce will affect you and, if you have children, your children’s futures in ways that are too important to leave to chance. Working with an experienced Chicago divorce lawyer will help ensure that your rights are well protected throughout the divorce process.
If You Are Divorcing, an Experienced Chicago Divorce Lawyer Can Help
If you are facing a divorce, the experienced divorce lawyers at The Law Offices of George M. Sanders, P.C. in Chicago have the skill, commitment, and knowledge to help. We can answer your questions and help you resolve your divorce in the most favorable manner possible. Our dedicated legal team is on your side, so please don’t hesitate to contact us for more information today.
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