Divorce is an emotionally challenging process that many couples go through. If you find yourself in this situation in Illinois, it’s important to understand the necessary steps and requirements. In this guide, we will walk you through the key aspects of getting a divorce in Illinois, from the grounds for divorce to the allocation of parental responsibilities. Let’s dive in.
Ending a Marriage
A divorce, legally known as dissolution under Illinois law, is the means by which a couple’s marriage comes to an end. The divorce judgment contains important agreements regarding parental responsibilities, parenting time schedules, support, and the division of property and debt. If the couple cannot reach an agreement, a judge will make these decisions after a trial.
Residency and Fee Requirements
Before a divorce can be granted in Illinois, there are certain requirements that must be met. The first step is to file a petition for divorce in the county where one or both parties reside. Illinois does not have a waiting period to file the petition, but a judgment may only be granted after one party has resided in Illinois for at least 90 days.
Each county has a different fee for filing the divorce petition. If a person cannot afford the filing fee, it may be possible to request a waiver from the court.
Grounds for Divorce
In order for a judge to grant a divorce in Illinois, one or both spouses must prove grounds for divorce. The only recognized grounds for divorce in Illinois are irreconcilable differences, often referred to as no-fault divorce. Irreconcilable differences are defined as the “irretrievable breakdown” of a marriage. Spouses must either be separated for six months in separate households or within the same household during the breakdown of the marriage. They must assert that there is a breakdown and that attempts at reconciliation would not be in the best interest of the family.
Trial or Agreement
While most divorcing couples have disagreements, these disputes are often resolved through negotiation, guidance from lawyers, and the involvement of a judge. Many divorce cases are ultimately settled by agreement to avoid the expenses associated with a trial. The following issues must be resolved before a divorce can be granted:
- Division of Property: This includes real estate, investments, money, and other assets acquired during the marriage, unless specifically excluded.
- Division of Debts: Any debts incurred during the marriage for the parties or their children are considered marital debts.
- Maintenance: A judge will determine if one party should pay maintenance to the other, considering statutory guidelines.
- Parental Responsibilities and Parenting Time: If there are children, the allocation of parental responsibilities and parenting time arrangements must be agreed upon.
- Financial Obligations: Each party’s financial obligations to the children must be determined.
If an agreement cannot be reached, a trial will be held in front of a judge.
Marital Property
In Illinois, marital property includes all assets acquired during the marriage, regardless of whose name is on the title. This includes real estate, furniture, cars, bank accounts, and retirement plans. Illinois law requires that marital property and debts be divided “equitably,” which may or may not be equally. The court considers various factors, such as each party’s financial contributions, circumstances, and potential for acquiring assets in the future.
Allocation of Parental Time and Responsibilities
Child custody and visitation disputes can be among the most difficult and costly issues for divorcing parents. Illinois law now requires the allocation of decision-making responsibilities and a parenting time schedule. After filing for divorce, parents are required to submit a proposed parenting plan to the court. Mediation may be required for couples who disagree on these matters. The court considers the best interest of the child and any agreements made between the parents when making decisions.
Child Support and Maintenance
Both parents have a legal obligation to support their children. In Illinois, child support is determined using an “income shares” model, which considers the income of both parents and the number of overnights each parent has with the child. The court may also allocate expenses for health insurance, medical/dental expenses, daycare, extracurricular activities, and school fees. Child support payments are typically deducted directly from the paying parent’s paycheck. The obligation to pay child support continues until the child reaches age 18, graduates from high school, or later if agreed upon. Maintenance, also known as alimony, may be awarded by the court based on statutory guidelines.
Hiring an Attorney
While it is not mandatory to hire an attorney for a divorce in Illinois, it is highly recommended. Divorce can be complex, and having legal representation ensures that your rights and interests are protected. Attorneys usually charge an hourly rate and request a retainer from the client. However, if the divorce is simple and both parties have reached an agreement, a simplified procedure allows them to handle the process themselves.
FAQs
Q: How long does it take to get a divorce in Illinois?
A: The timeline for a divorce in Illinois can vary depending on the complexity of the case and the level of agreement between the parties. On average, it takes several months to a year to finalize a divorce.
Q: Can I modify child support or maintenance payments in the future?
A: Yes, child support and maintenance payments can be modified in the future if there is a substantial change in circumstances. It is important to consult with an attorney to understand the process and requirements for modification.
Conclusion
Divorce in Illinois involves various legal requirements and considerations. It is essential to understand the grounds for divorce, the division of property, the allocation of parental responsibilities, and other related issues. While it is possible to represent yourself during the process, seeking the guidance of an experienced attorney can ensure that your rights are protected and that the process goes as smoothly as possible. If you find yourself going through a divorce, consult with a qualified attorney to navigate the legal complexities and obtain a fair resolution.