Illinois is a “no-fault” divorce state, which means you don’t need to prove wrongdoing by your spouse. The primary ground for divorce is “irreconcilable differences,” which means the marriage has broken down beyond repair.
You can file for divorce without a formal separation period. However, if you and your spouse have not lived separately for at least six months, you may need to demonstrate that irreconcilable differences exist and that you have tried to resolve them.
The process typically involves filing a Petition for Dissolution of Marriage with the circuit court in your county. You’ll also need to serve your spouse with divorce papers. The court will then schedule hearings to address issues such as property division, maintenance, and parenting time and decision-making responsibility if applicable.
Illinois follows the principle of equitable distribution, which means property is divided fairly but not necessarily equally. The court considers various factors such as the length of the marriage, the contribution of each spouse to the marriage, and each spouse’s financial situation.
The court looks at factors such as the length of the marriage, the standard of living during the marriage, the needs of each spouse, the earning capacity of each spouse, and the contribution of each spouse to the marriage.
Custody decisions are based on the best interests of the child. In determining parenting time and decision-making responsibility, the court considers factors such as the child’s needs, the parents’ ability to meet those needs, and the child’s relationship with each parent. Illinois encourages parents to come up with a parenting plan that outlines custody and visitation arrangements.
A parenting plan is a detailed agreement between parents outlining how they will share responsibilities for their child, including time spent with each parent, decision-making authority, and other important aspects of the child’s upbringing.
The duration of a divorce can vary. If the divorce is uncontested (both parties agree on all issues), it can be relatively quick, possibly a few months. If there are contested issues, it may take longer, often up to a year or more.
Yes, Illinois allows for a divorce even if one spouse does not agree. If one party files for divorce, the court will proceed with the case regardless of the other spouse’s wishes.
While it’s not required to have a lawyer, having legal representation can be very beneficial, especially if the divorce involves complex issues like significant assets, debts, or child custody. An attorney can help ensure that your rights are protected and that the process goes smoothly.
Each party is generally responsible for their own legal fees. However, in some cases, the court may order one party to pay part or all of the other party’s legal fees, particularly if there is a significant disparity in financial resources.
If you have specific questions or need personalized advice, contact Brandenburg & Rees, LLP. We can provide guidance tailored to your situation and ensure you’re navigating the process correctly.
The materials provided on this website are for informational purposes only. These materials do not, and are not intended to, constitute legal advice.
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