Understanding Divorce in Illinois
Understanding the process of divorce in Illinois will help to provide some answers to the many questions you have when considering a dissolution of marriage. If you have made the decision to seek a dissolution of marriage in Illinois, it is helpful to understand family and divorce law in your state. States regulate the laws applied to divorce, much like they enforce laws affecting marriage.
In the State of Illinois, there is no waiting period for a final judgment if the petitioner has been a resident of Illinois for 90 days. Illinois divorce law recognizes the grounds for divorce as no-fault, which simply means that a marriage has reached an irretrievable breakdown. Additional grounds for divorce are a separation of at least two years, willful desertion, addiction issues and domestic violence.
Planning for Divorce in Illinois
Regardless of the reason for the dissolution of marriage, beginning with a plan is key to obtaining the settlement that you deserve as quickly and efficiently as possible. You probably have a lot of questions about the many areas of your life affected by divorce. You’ll want to know how each of these areas is handled when you begin the process of divorce in Illinois.
Planning for Divorce – There is no waiting period to file a petition for divorce in the State of Illinois as long as one of the spouses is a legal resident. There is a fee to file that may be waived for financial hardship reasons.
Division of assets – Assets of the marriage may include:
- Vehicles, RVs, boats, motorcycles
- Bank accounts, checking and savings
- Investments, including retirement accounts such as IRAs or 401ks
- Artwork or other valuable items
Assets acquired during the marriage are considered marital property, regardless of who made more money while married. You’ll need to know how much each asset is worth and any debt owed against it to determine the equity, or value of the asset.
Division of debts – A good place to start is to get a copy of your credit report and make a list of all the debts between you and your spouse. Be sure to continue making any payments on time even if you can only pay the minimum amount so that you don’t ruin your credit.
Spousal maintenance (Alimony) – Spousal support is determined based on the income of both parties. Obtain copies of check stubs, W2s and any other income source for yourself and your spouse.
Child Allocation – Formerly referred to as child custody, Allocation Judgments are required in the State of Illinois with parents allowed to pick and choose which areas they will be responsible for. For example, the mother may be responsible for education decision while the father is responsible for all medical decisions. Parents may also agree to share responsibility in all decision making.
Parenting time – Parenting time replaces the former term of “visitation” and is determined based on several factors considering what is in the best interest of the child.
Child support – Child support laws in Illinois consider the income of both parents, with established guidelines to follow. Child support in Illinois is no longer based on flat percentages, but a number of factors based on what is in the child’s best interest.
How to choose the right divorce attorney – Choosing the right attorney for your divorce in Illinois is an important decision, be sure to start with an attorney that concentrates on family law and has extensive experience with divorce issues that are unique to you.
Anderson & Boback Help You Plan for Divorce in Illinois
Working with a skilled divorce attorney early in the process can drastically reduce your stress level by explaining the divorce process thoroughly so you know what to expect. Anderson & Boback provide the support that you need, helping you through the divorce process every step of the way.
We are dedicated to helping you through your divorce, providing the calm reassurances you need with skilled legal counsel.