Chicago Divorce Lawyer: Answering Your FAQs
With the U.S. ranking 10th in the highest divorce rates worldwide, many couples may find themselves navigating this complex process. Divorce laws in Illinois have specific considerations that require careful attention to ensure your rights are protected and the process moves as smoothly as possible.
Whether you are just beginning to think about divorce or are already in the middle of the proceedings, understanding the legal landscape can make a significant difference in the outcome of your case. In this blog, we’ll answer some of the most frequently asked questions about divorce in Chicago, helping you better understand what to expect during this challenging time.
1. What Are the Grounds for Divorce in Chicago?
In Illinois, the sole grounds for divorce are irreconcilable differences. This legal term means the marriage is no longer working and cannot be repaired. One of the key benefits of this system is that you don’t need to prove specific reasons for the breakdown of the marriage, such as infidelity or domestic abuse, to obtain a divorce. Instead, Illinois law allows couples to end their marriage without assigning fault to either party, making the process less contentious.
Since Illinois became a no-fault divorce state in 2016, proving wrongdoing is no longer a requirement for divorce. To file, at least one spouse must have lived in Illinois for at least 90 days. Additionally, if you and your spouse have been living apart for six months or more, the court will automatically presume irreconcilable differences, further simplifying the process.
2. What Is the Process of Filing for Divorce in Chicago?
The divorce process in Illinois starts with filing a Petition for Dissolution of Marriage in the appropriate court. One spouse (the petitioner) files the petition, and the other spouse (the respondent) is served with divorce papers. Here’s a breakdown of the divorce process in Chicago:
- Step 1: Filing the Petition: The petitioner files and pays a filing fee.
- Step 2: Serving the Petition: The respondent receives the divorce papers.
- Step 3: Response: The respondent files an answer to the petition, agreeing or contesting the terms.
- Step 4: Discovery: Both parties exchange financial information and other relevant documents.
- Step 5: Negotiations: The parties may negotiate a settlement regarding asset division, spousal support, child custody, etc.
- Step 6: Trial: If an agreement cannot be reached, the case goes to trial, where a judge makes final decisions.
3. How Are Assets Divided in a Chicago Divorce?
Illinois follows the principle of equitable distribution when dividing marital property. Equitable doesn’t necessarily mean equal, but rather what is fair based on several factors, such as:
- Length of the marriage.
- Each spouse’s financial contributions and needs.
- Value of non-marital property.
- Any agreements between the spouses, such as a prenuptial agreement.
Understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.
In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a divorce attorney can help you protect your rights and interests.
4. How Are Parental Responsibilities Determined in Chicago?
Child custody, referred to as parental responsibilities in Illinois, is one of the most challenging aspects of a divorce. The courts prioritize the child’s best interests when making their determinations, considering factors such as:
- The child’s relationship with each parent.
- The child’s adjustment to their home, school, and community.
- Each parent’s ability to provide for the child’s needs.
- The child’s wishes, depending on their age and maturity.
Illinois law encourages both parents to share in parental responsibilities whenever possible. A parenting plan must be submitted either jointly by both parents or individually, outlining decisions regarding the child’s education, health care, religion, and living arrangements.
5. What Is Spousal Support (Alimony) in Chicago?
Spousal support, or maintenance as it’s called in Illinois, is not automatic in every divorce. The court considers several factors when deciding whether to award maintenance, including:
- The length of the marriage.
- The financial resources of each spouse.
- Each spouse’s earning capacity and needs.
- The standard of living is established during the marriage.
In longer marriages or when one spouse has sacrificed career opportunities to support the family, spousal support may be more likely. The amount and duration of maintenance are calculated based on state guidelines. For marriages lasting 20 years or more, spousal support can be awarded indefinitely.
6. Can a Divorce Be Settled Outside of Court?
Many divorces are resolved through alternative dispute resolution (ADR) methods such as mediation or collaborative divorce. These approaches allow couples to settle their differences without needing a courtroom trial.
Mediation involves a neutral third party who facilitates discussions between both spouses, helping them negotiate and reach an agreement on the terms of their divorce. Collaborative divorce is a process where each spouse works closely with their attorneys to negotiate and settle matters cooperatively. These methods can be especially beneficial when children are involved, as they often lead to more amicable solutions that prioritize the entire family’s well-being.
Divorce attorneys may encourage couples to pursue ADR because it fosters better communication and cooperation. It also helps create a more constructive and less adversarial environment for resolving key issues such as asset division, spousal support, and parental responsibilities.
7. How Long Does It Take to Get Divorced in Chicago?
The duration of a divorce in Chicago can vary significantly based on several key factors. Understanding these factors can help set realistic expectations during this challenging time:
- Whether the divorce is contested or uncontested.
- The complexity of issues such as complex financial assets or determining parental responsibilities.
- The willingness of both parties to cooperate.
Overall, while uncontested divorces may wrap up within a few months, contested divorces can take six months to over a year to finalize. It’s essential to consult with an experienced divorce attorney to understand your situation and the potential timeline for your divorce in Chicago.
Why Should I Work With a Chicago Divorce Lawyer?
While it is possible to represent yourself in a divorce, it can be risky, especially if the case involves complex financial assets or spousal support. Consulting with an experienced Chicago divorce attorney is essential to help protect your rights. At Masters Law Group, our skilled divorce and mediation attorneys are fully equipped to advocate for you and your family. Here’s how we can help:
- Experienced Mediators: Erin E. Masters is an approved Mediator for the Cook County Domestic Relations Division and provides private mediation services. Our mediation team has extensive experience in family law and excels at facilitating productive discussions between divorcing spouses, helping them reach amicable resolutions.
- Seasoned Litigators: When your case requires courtroom representation, a skilled litigator from our firm will effectively present your case before the judge. We meticulously prepare legal arguments, gather evidence, and develop strategies to help ensure the most favorable outcome for you.
- Conflict Resolution: Our attorneys strive to achieve conflict resolution, focusing on finding peaceful, fair solutions for both parties while prioritizing the well-being of any children involved.
- Protecting Your Interests: At Masters Law Group, we help protect your legal rights and children’s best interests throughout the divorce process.
Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, are recognized leaders in the field, having been honored by respected publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.
Final Thoughts
Divorce is never easy, but having a clear understanding of the legal process can help reduce the stress, uncertainty, and emotional toll. At Masters Law Group, we approach each case with personalized care, helping you be supported and informed at every stage.
With our deep knowledge of Illinois family law and a commitment to compassionate representation, our goal is to help you navigate your divorce as smoothly as possible. Contact us today to schedule your complimentary consultation and learn how we can assist you.
