Divorce (the action or instance of legally dissolving a marriage) in Illinois is referred to as Dissolution of Marriage and is categorized as a contested divorce or an uncontested divorce. WARD FAMILY LAW, LLC, represents clients of various personal and professional backgrounds, with each client having their own 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.
In a contested divorce, the parties disagree on at least one of the main issues. In an uncontested divorce, the parties can agree on all of the issues and 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 steps that are necessary 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 ensure our clients obtain favorable results under the law.
Each case has unique circumstances and elements, but there are some basic steps that all divorcing couples will go through:
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.
In order 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 must meet jurisdictional requirements. The 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.”
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 with regard to the breakdown of their marriage. Living separate and apart can include spouses living together but believing that the marriage has irretrievably broken down for a period of at least six months prior to the entry of a judgment for divorce.
In obtaining the final Judgment for Dissolution of Marriage, any such judgment cannot be entered unless the court has jurisdiction and has considered, approved, reserved, or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court will enter a Judgment for Dissolution of Marriage that reserves any of these issues either by agreement of the parties or motion of either party that the court finds appropriate circumstances exist.
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 the 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 expertise and 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.
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. Your attorney can help you understand what to expect at a prove-up hearing and provide tips on attending court proceedings by video.
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. In fact, some former spouses choose to continue living with an ex-spouse after divorce.
Illinois law is designed to create a “level playing field” for both spouses during the divorce proceedings, and this allows a spouse with limited financial resources to 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.
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.
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.
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.
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