Divorce Lawyers Chicago and Dissolution of Marriage

Divorce (the action or instance of legally dissolving a marriage) in Illinois is referred to as Dissolution of Marriage. WARD FAMILY LAW, LLC, represents clients of various personal and professional backgrounds, with each client having unique issues and concerns, but all are going through the same divorce process. With Jennifer R. Ward, Esquire, one of the top divorce lawyers in Chicago, leading the way on your case, you have legal counsel with extensive law school classroom teaching, professional lecturing, publishing, negotiation, and courtroom experience, which provides clients with well-rounded representation.

Types of Divorce

While there is only one legal process for dissolving a marriage in Illinois, the general circumstances of each case can be grouped into a few common categories.

Contested vs. Uncontested Divorce

• In a contested divorce, the parties disagree on at least one of the main issues. The disputes will need to be resolved, either among the parties or by the court, before the divorce can be finalized.
• In an uncontested divorce, the parties can agree on all the issues but still need guidance in negotiating and drafting the final documentation.

WARD FAMILY LAW, LLC, can streamline an uncontested divorce case by guiding the client through the necessary steps to ensure that the case is concluded with well-written, mutually agreeable documentation in a timely fashion. We also handle highly contested matters and are fully committed to litigating on behalf of our clients, when necessary, to help ensure our clients obtain favorable results under the law.

No-Fault Divorces

In some states, spouses can identify one party as being “at fault” for the marriage ending. However, the only grounds for divorce in Illinois are now irreconcilable differences, specifically defined as “causing the irretrievable breakdown of the marriage and the court determining that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

Basics of the Dissolution of Marriage/Divorce Process in Illinois

Each case has unique circumstances and elements, but there are some basic steps that all divorcing couples will go through:

• Filing a Petition for Dissolution of Marriage: Chicago divorce attorneys can initiate the process by filing a Petition for Dissolution of Marriage. The party requesting the dissolution will assert their wishes for how to resolve matters such as the division of marital property and assets, allocation of parental responsibilities, child support, and more.
• Financial Disclosure and Discovery: Each spouse will complete and submit a Financial Affidavit detailing their income, assets, expenses, debts, and other essential financial information, along with supporting documentation. If one party is uncooperative or suspects that the other party is concealing or manipulating information, a formal discovery process may be required.
• Addressing Parental Responsibilities: If the couple has minor children, the allocation of parental responsibilities (formerly known as child custody) and parenting time (formerly known as visitation) will need to be addressed. This may include temporary orders that apply while the divorce is pending.
• Negotiation and/or Mediation: Once financial information has been exchanged and each party’s desired terms are clear, the spouses can begin negotiating a final marital settlement agreement with the guidance of their attorneys. If contested issues cannot be resolved through negotiation, couples may participate in mediation, either voluntarily or as ordered by the court, to attempt to resolve the contested issues before proceeding to litigation.
• Settlement or Trial: Most divorce cases are settled through negotiation or mediation, at which point your divorce attorneys in Chicago will prepare all necessary documentation to finalize your dissolution with the court. If a settlement cannot be reached this way, the case will proceed to trial, which is often lengthy and costly. After the trial, the judge will rule on how to resolve any disputed issues.

For a more detailed explanation, please refer to our Divorce Process in Illinois page.

The complexities of the divorce process and implications are not lost on a law firm that handles these cases every day, which allows our clients to have access to attorneys who are both compassionate and experienced. Our firm is home to the top-rated Chicago divorce lawyers in the family law field.

Filing Requirements for Dissolution of Marriage/Divorce in Illinois

To obtain a final Judgment for Dissolution of Marriage, the court must have jurisdiction. To file for a Dissolution of Marriage in Illinois, one of the spouses must be a resident of Illinois for at least 90 days and meet jurisdictional requirements. If the parties lived “separate and apart” for at least six consecutive months immediately preceding the entry of the judgment dissolving the marriage, there is an irrefutable presumption that the requirement of irreconcilable differences has been met.

In Illinois, living “separate and apart” does not simply mean the parties have physically lived in separate residences- this legal term refers more to the parties’ mindsets about the breakdown of their marriage. Living separate and apart can include spouses living together but believing that the marriage has irretrievably broken down for at least six months before the entry of a divorce judgment.

Key Concerns in Divorce Cases

A divorce includes numerous critical choices that influence the future of both parties and their families. Our divorce lawyers in Chicago offer comprehensive direction in the following areas:

• Property Division: Illinois follows the guideline of “equitable distribution” for dividing marital property in a divorce. This does not necessarily involve a 50/50 split but rather a division considered reasonable by the court based on factors like each spouse’s financial standing and commitments.
• Allocation of Parental Responsibilities (Child Custody and Parenting Time): Illinois now calls child custody “allocation of parental responsibilities,” and visitation is now “parenting time.” These issues are decided by prioritizing the child’s well-being based on each parent’s involvement, the child’s needs, and the parent’s ability to cooperate.
• Spousal Support (Alimony): Also known as alimony, spousal maintenance or spousal support may be granted to help one spouse reach financial independence after divorce. A divorce lawyer in Chicago can advocate for fair support awards based on variables such as each spouse’s salary, the length of the marriage, and each party’s future earning potential.
• Child Support: Child support obligations are decided using the Income Shares Model in Illinois, which factors in both parents’ earnings to guarantee that the child is provided a standard of living similar to the one they would have had if the marriage had remained intact.

The court will enter a Judgment for Dissolution of Marriage that resolves these issues either by agreement of the parties or by motion of either party if the court finds appropriate circumstances exist.

How Long Does It Take to Get Divorced in Illinois?

There are many factors that determine how long it will take to complete a divorce in Illinois. Cases that are uncontested generally resolve more quickly, often in an average of about 2-4 months. However, when there are contested issues, the process can take much longer, and the timeframe can vary considerably. An experienced divorce attorney can help clients weigh the benefits of negotiating for a better settlement against the additional time and cost of prolonging the divorce.

Divorce Expenses

Because the circumstances of each divorce in Chicago are different, the costs involved can also vary greatly. Common costs include attorneys’ fees, mediation fees, court costs, costs for property appraisals, and more. Uncontested divorces are usually less expensive. It’s important to discuss your post-divorce goals, budget, and potential costs with your divorce attorney early in your case.

Impacts on Families and Children

When there are children involved, divorce affects not only the couple but the entire family. WARD FAMILY LAW, LLC works diligently to minimize the effect of divorce on children and make arrangements that work for the whole family. Here are a few of the ways they prioritize family well-being:

• Focus on Children’s Best Interests: The firm understands that children’s needs should be prioritized in any divorce they handle. Our divorce lawyers in Chicago work to create determinations of parental responsibility (formerly known as child custody and visitation agreements) that help maintain stability for children.
• Minimizing Strife: High-conflict divorces can be difficult on families, particularly kids. WARD FAMILY LAW, LLC excels at negotiation strategies to help keep conflicts low, empowering clients to reach an agreeable solution whenever possible.
• Creating Versatility: With its strong but compassionate approach, our firm helps families construct agreements with flexibility, making the transition smoother and less stressful for everybody involved.

By focusing on diminishing conflict and ensuring the best interests of children are met, our divorce attorney in Chicago has a positive effect on the families they serve.

Why Choosing a WARD FAMILY LAW, LLC Divorce Lawyer Matters

WARD FAMILY LAW, LLC, remains up to date on all significant laws and policies, permitting them to adjust rapidly to any changes and give the best representation to clients. By centering on the special needs of each family, our divorce lawyer in Chicago offers a customized approach for each case, making sure clients feel supported throughout the process.

Divorce is a major life transition, and having a reliable lawyer can help ease the burden. A reliable divorce lawyer in Chicago supports not only the legal side of things but also understands the difficult process families go through.

• Reliable Support During Troublesome Times: Divorce can be upsetting, but WARD FAMILY LAW, LLC’s talented lawyers are there to give the steadiness and understanding families need.
• Organized and Reasonable Approach: The firm works hard to keep each case organized and review legal options with our clients, which can help minimize pointless conflict.
• Advocacy for Clients: WARD FAMILY LAW, LLC not only represents clients’ best interests but also provides a calm, focused approach to help achieve the best result possible.

Your Divorce Deserves Experienced and Dedicated Legal Guidance

WARD FAMILY LAW, LLC, will help you navigate the divorce process from start to finish, and we will ensure that you are being personally guided through every step. We understand family dynamics and how emotionally draining a divorce can be. We will take the time to understand your needs, concerns, and objectives and how that will impact you and your family. Our experienced divorce lawyers in Chicago allow you to meet and often surpass your goals in obtaining a dissolution of marriage. Contact our experienced attorneys at WARD FAMILY LAW, LLC, to schedule a consultation today.

Frequently Asked Questions about Divorce Attorneys Chicago

1. Will I Have to Appear in Court?
   Yes, although most Divorce Court and Paternity Court proceedings are now conducted by video conference, and you may not need to physically travel to the courthouse. If your divorce is uncontested, or you and your ex have reached an agreement on all terms, a prove-up hearing will be necessary to finalize the divorce. A divorce attorney in Chicago can help you understand what to expect at a prove-up hearing and provide tips on attending court proceedings by video.
2. Are Spouses Required to Live Separately Before a Divorce in Illinois?
   Living “separate and apart” for at least six consecutive months is considered evidence of the irretrievable breakdown of a marriage. However, this does not necessarily require living in separate residences. Some former spouses choose to continue living with an ex-spouse after divorce.
3. What If I Can’t Afford Top-Rated Chicago Divorce Lawyers?
   Illinois law is designed to create a “level playing field” for both spouses during the divorce proceedings. A spouse with limited financial resources can request attorney’s fees from a spouse with greater resources, including the initial retainer fee. If you can’t afford a divorce attorney in Chicago but your spouse can afford to help, speak with an experienced divorce lawyer in Chicago to better understand your options.
4. What Should I Do if I Believe My Spouse is Hiding Assets?
   If your spouse is deliberately concealing income or assets during the divorce process, you may be able to take steps to help uncover these assets. However, the time and cost associated with addressing hidden assets should be carefully weighed against the potential value of the assets. A knowledgeable divorce attorney in Chicago can help you determine the best course of action.
   If you are tempted to conceal assets from your ex, know that there can be serious legal and financial consequences for hiding assets during a divorce, and this behavior should always be avoided. The smart move is to hire experienced divorce attorneys in Chicago who can negotiate a fair divorce settlement and protect your interests.
5. What if My Ex is Spending Recklessly Before the Divorce is Finalized?
   If one spouse is intentionally wasting or disposing of marital assets, this may qualify as either dissipation or fraud. This form of marital asset theft can be addressed during the divorce process with the help of a skilled divorce lawyer in Chicago.
6. What If My Spouse Refuses to Sign the Divorce Papers?
   In Illinois, divorce can be finalized even if one spouse does not attend the final hearing. This is known as divorce by default. If you have made good faith attempts to negotiate and give your ex a reasonable amount of time to act, then court intervention may be necessary to finalize a divorce without your ex’s participation. Divorce lawyers in Chicago, Illinois offering a free consultation can explain more.

The Distinction WARD FAMILY LAW, LLC Makes

At WARD FAMILY LAW, LLC, our divorce lawyer in Chicago provides exceptional services to clients in Des Plaines, Oak Park, Rosemont, and nearby communities. Our dedicated group understands the complexities of divorce, parental allocations, property division, and spousal support, and we offer compassionate, results-driven legal support custom-made to your needs. We prioritize open communication, clear direction, and successful outcomes to help you confidently explore this challenging time.

Whether you’re completing an uncontested divorce or a complex case with high-value assets, our lawyers are here to protect your interests and help secure a brighter future. Contact us today for a confidential consultation.