Under Illinois law, a couple can choose to legally end their marriage by stating that irreconcilable differences have resulted in their marriage breaking down. You must also meet the Illinois residency requirements, but these two main factors are what you need to start a filing. Illinois is a no-fault state, which means spouses are not required to provide evidence of wrongdoing before the court will grant a divorce. Some divorce disputes can still be quite complicated, but that has to do more with couples who cannot agree on all outstanding matters. If you are considering divorce, or your spouse has already served you with papers, let our skilled divorce lawyers in Arlington Heights assist you.
If you meet Illinois residency requirements, you will start with filing a Petition for Dissolution of Marriage. Once the petition is filed and has been served to your spouse, he or she will need to file an answer with the court. If your spouse does not respond to the petition within the allotted time, the court might proceed with your divorce based on your submitted evidence.
Deciding how to divide marital assets is one of the biggest challenges in a divorce. It is also one of the most contentious aspects of a divorce. It is better if both spouses can reach an agreement on their own, but it does not always happen. Some property settlement decisions need to be finalized by the family court judge. When you have an experienced family law attorney representing you, it can help negotiations run smoother.
Illinois is an equitable distribution state. That means the division of assets should be done fairly and equitably. It does not mean that all marital assets are split 50/50 like you would in a community property state.
Getting a divorce when you have children can be an even more contentious process. Your divorce must resolve quickly and amicably. A long, drawn-out court battle does not help anyone, especially your children. When you have an attorney representing you, we will help you with negotiations on child support, and custody and visitation, which Illinois now calls allocation of parental responsibilities and parenting time.
Spousal support is not awarded in every divorce. If you want spousal support, you are better off negotiating directly for it. Do not rely on the judge to issue an order. There are numerous factors that the court considers in deciding whether spousal support is warranted or not.
If you need assistance with an Illinois divorce, contact SLG Family Law to speak with skilled Arlington Heights divorce attorneys.
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