As you know, getting a divorce is a life-changing decision that isn’t taken lightly. As such, it’s important to be as prepared as possible when you start this process. Not only is it important to work with excellent divorce lawyers in Chicago, but you can also learn some basics about Illinois divorce laws before your initial consultation.
In the Land of Lincoln, the legal term for a divorce is a “dissolution of marriage.” The state’s laws govern who can obtain a divorce, how to allocate parenting time and decision-making, and the fair and equitable division of marital property.
To dissolve a marriage in Illinois, one or both spouses must have lived in the state for at least 90 days prior to starting divorce proceedings. Neither you nor your spouse must prove who is to blame for the end of the marriage, as Illinois is strictly a no-fault divorce state.
Instead, the couple must prove that there are “irreconcilable differences.” The couple must live separately and apart from one another for at least six months before filing.
For divorcing couples with children, making decisions on the care of the children can be especially contentious. There are two types of custody in Illinois: physical and legal. Physical custody refers to the time in which the child is in a parent’s care, which is known as parenting time. Legal custody is the right to make major decisions about the child’s life, such as where to go to school and medical decisions.
Attorneys and Judges use a specific equation to determine how much each parent must contribute toward child support and contributions to the child-related expenses This is primarily based on the income of each parent, parenting time allocation, and the number of children.
Whereas some states try to divide marital property as closely to 50/50 as possible, Illinois divorce laws allow for much more leeway in these decisions. Instead, Illinois courts aim for equity in property division. Some factors that affect how much a spouse gets include:
It’s important to have a lawyer that can negotiate and litigate for every asset you deserve.
When it comes time to hire divorce lawyers in Chicago, do not take the decision lightly. Read about each firm’s experience and dedication to helping you obtain your goals. If you believe the WARD FAMILY LAW, LLC firm may be the best fit for you, contact us today to set up your free initial consultation.
It was quick and easy and those are two words I did not think I would say about my divorce. We are still friendly too. We just were not meant to be together anymore. Ward Family Law made sure to draft the documents with the terms that we agreed on which kept us on good terms and there was no fighting. I cannot recommend them enough if you are looking for a clean, honest, quick, easy divorce.
We were set to get married in a little over a month and my family insisted on a premarital agreement. On my very first call Jennifer explained the entire process and timing. They hit the ground running and got everything completed and signed well before our wedding date. That made everything much less stressful so I thank them so much for their professionalism and timeliness.
Our plan was to get married after the baby was born and then a year later we still were not married and we were going our separate ways. I had no idea that the birth certificate alone did not make me the legal parent of our baby in Illinois. Luckily, Ward Family Law handles these cases and established paternity through a DNA test and submitted the results to the court. We now have an agreement on time with our kids and support too.
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