Divorce is never easy, but it helps to ease your mind if you understand the process. If you are considering divorce in Chicago or the Chicagoland area, you should be familiar with Illinois divorce laws. Learn about Illinois divorce laws below, then contact our divorce lawyers in Chicago at Gordon & Perlut, LLC if you need assistance with your case.
Most people understand there are residency requirements to get married in a state. But there also are residency requirements for divorce. For example, in Illinois, one of the spouses must have lived in the state for at least 90 days before filing for divorce.
The residency requirement prevents a person from moving from state to state to find a divorce judge who will view their case more favorably. The Illinois residency requirement also prevents a spouse from filing for divorce in a remote location to make it harder for the other person.
Illinois has a no-fault rule for divorce. This means the family court does not require a spouse to prove the other did something bad that caused the breakup. A no-fault divorce can be beneficial because spouses do not need to argue about what caused the divorce. Also, you do not need the other party’s consent in a no-fault divorce to end the marriage. The Illinois court will grant your divorce when either of these conditions is met:
Illinois has uncontested and contested divorces. An uncontested divorce is where the spouses agree on all major divorce issues, such as property division, child custody, and support issues (child support and maintenance (alimony)). On the other hand, a contested divorce is where the parties cannot agree and must have the family court decide the contentious issues for them.
An uncontested divorce is usually the best option because they are less expensive and faster than contested ones, although this is not always possible. In addition, because there is no fighting in court with attorneys on both sides, the divorce takes less time and can cost thousands less.
Illinois has an equitable property division rule for divorces, which means the court divides marital property and debt fairly. But this does not necessarily mean 50/50.
The judge first decides if the property is marital or non-marital. The judge will assume that all property acquired after the couple was married is marital property, although this is rebuttable. So, it is up to you to prove that something is not marital property. Some factors the judge will consider when dividing property is:
The contributions each party made in purchasing the property
If you are considering a divorce in Chicago or the Chicagoland area, it is one of the most challenging times of your life. However, handling your divorce by a skilled, experienced divorce attorney can relieve some of the stress. Contact our divorce lawyers in Chicago today at 312-360-0250 at Gordon & Perlut, LLC, for a complimentary consultation.