The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Berger Law Firm, LLC, our divorce lawyer knows you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact us online or at 815-234-4950 to schedule a Consultation.
Uncontested and Contested Divorces
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, Parental Responsibilities (Decision-making and Parenting Time), and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
No-fault Divorces
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable to amicably remain in a married relationship, and no prospects for reconciliation exist.
Illinois is a no-fault divorce state, meaning that Irreconcilable Differences are the only reason that can be relied upon for divorce. The parties must be separated for 6 months or more, but that separation does not have to mean living in different households.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Furniture
- Artwork
- Pensions
- Securities
- Retirement accounts
- Debt
In Illinois, marital property is divided fairly and not necessarily equally. However, there is a strong presumption in favor of a 50/50 split.
Maintenance (Alimony) in Illinois
Maintenance, previously referred to as alimony, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to maintenance, or the court can order it. Decisions about alimony are made based on many factors, but the more common factors include:
- Age
- Health (physical, mental, emotional)
- Education
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
Parental Responsibilities in Illinois
The Allocation of Parental Responsibilities (decision-making and parenting time)* is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate shared decision-making and equal parenting time, when best for the minor child. In some situations, one parent may have a majority of parenting time, and the other a minority of parenting time. Courts determine the allocation of Parental Responsibilities based on what is in the child's best interest.
Child Support in Illinois
Both parents are required to provide financial support for their children. Child support is calculated based upon both parties' respective incomes and the number of overnights each parties have with the children. Most courts will use a child support calculator to help determine the amount.
Contact a Divorce Attorney in Illinois Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at 815-234-4950 to schedule a Consultation.
*Parental Responsibilities: This used to be referred to as Custody and Visitation, and still often is out of habit. Illinois changed the laws in 2017, and the Courts no longer award legal custody - it is now called "decision-making responsibilities" - or residential custody and visitation - those are now all covered under "parenting time".
