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 decided to seek a dissolution of marriage in Illinois, it is helpful to understand family and divorce law in your state, specifically the Illinois law regarding ending a marriage. 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 due to irreconcilable differences. 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, including potential disagreements with your spouse. 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:
- Home
- Vehicles, RVs, boats, motorcycles
- Bank accounts, checking and savings
- Furniture
- Investments, including retirement accounts such as IRAs or 401ks
- Pensions
- Inheritances
- 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. It’s important to note that even if a debt was only in one spouse’s name, creditors can still come after either spouse for it, making it crucial to carefully consider and divide debts during the divorce process.
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 for their minor children.
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.
In Illinois, the only ground for divorce is “irreconcilable differences.” This means that the spouses have serious disagreements that have led to the breakdown of the marriage, and reconciliation is not feasible. Illinois follows a no-fault divorce system, which means that neither spouse needs to prove wrongdoing by the other to obtain a divorce. Refer to our ‘Is No-Fault Divorce Good for Illinois Residents?’ to learn more about no-fault divorce.
To file for divorce in Illinois, either spouse must have resided in the state for at least 90 days before filing. This residency requirement ensures that Illinois courts have jurisdiction over the case. If the case involves child custody, the child must have lived in Illinois for at least six months before the court can make a custody decision. This helps maintain consistency and stability for the children involved.
Legally, it does not matter who files for divorce first in Illinois. Both parties are treated equally during the divorce proceedings. However, the petitioner (the one who files first) might have some procedural advantages, such as being the first to present their case in court. Filing first can also give the petitioner more control over the timing and pace of the proceedings. Despite these potential advantages, the decision to file first should be based on the specific circumstances of the case and, ideally, with the advice of a legal professional.
The steps for filing for divorce in Illinois include:
- Meeting Residency Requirements: Ensure at least one spouse has lived in Illinois for the required 90 days.
- Preparing Necessary Documents: This includes the petition for dissolution, financial affidavits, and, if there are children, a parenting plan.
- Filing the Petition: Submit the documents to the clerk of the court in the appropriate county.
- Serving the Spouse: Officially notify the other spouse by serving them the divorce papers. This can be done by the sheriff, a process server, or, if necessary, by publication in a newspaper.
- Responding to the Petition: The served spouse has 30 days to respond. If they do not respond, the case may proceed as a default divorce.
- Attending Court Hearings: If there are disputes over issues like property division, child custody, or support, court hearings will be scheduled to resolve these matters.
The duration of the divorce process in Illinois can vary greatly. An uncontested divorce, where both parties agree on all terms, can be completed in a few months. However, a contested divorce, involving disputes over issues such as asset division, child custody, and support, can take a year or more to resolve.
A Judgment for Dissolution of Marriage is a legal document issued by a court that officially ends a marriage. It is the final step in the divorce process, containing the court’s decisions regarding various aspects of the dissolution, such as:
- Division of Assets and Debts: The judgment outlines how marital property and debts are divided between the spouses. This can include real estate, bank accounts, retirement funds, and personal property.
- Spousal Support (Maintenance): If applicable, the judgment specifies the amount and duration of spousal support payments. These decisions are made based on factors such as the length of the marriage, the standard of living during the marriage, and the financial needs and resources of each spouse.
- Child Custody and Support: For couples with children, the judgment includes arrangements for child custody and visitation, as well as child support obligations. The court’s priority is the best interests of the children, ensuring stability and adequate financial support.
- Legal Name Change: The judgment may grant a request for a spouse to legally revert to their former name if they choose to do so.
- Other Agreements: Any other agreements made between the spouses, such as the division of personal property or specific parenting arrangements, are also included in the judgment.
Once the judgment is signed by the judge and filed with the court clerk, it becomes a binding legal order. Both parties are required to comply with its terms, and failure to do so can result in legal consequences.
For detailed legal text and more specific information, you can refer to the Illinois Marriage and Dissolution of Marriage Act, Section 504 or consult with an attorney to understand how the judgment applies to your particular case.
Anderson Boback & Marshall Help You Plan for Divorce in Illinois
Working with a skilled divorce attorney in Chicago early in the process can drastically reduce your stress level by explaining the divorce process thoroughly so you know what to expect. Anderson Boback & Marshall 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 Chicago divorce, providing the calm reassurances you need with skilled legal counsel.
Anderson Boback & Marshall is highly respected for being dedicated to protecting the rights of our clients with a thoroughly developed plan, aggressive negotiation, and skillful litigation. Contact us today to put your mind and ease and get started on a plan for the successful settlement of your divorce in Illinois. It’s important to remember that each divorce case is unique and may require specific legal advice tailored to your individual circumstances. That’s why it’s always advisable to seek legal advice from a trusted attorney. The attorneys at Anderson Boback & Marshall, who are exclusively focused on divorce db family law matters, can guide you through the process and represent your interests.
