Whether your divorce is contentious or not, whether you have children or not, whether you have a lot of assets or not, whether just about anything, there is one common theme among all divorce: it is emotionally taxing. Under those circumstances, it can be easy to overlook an important matter or to compromise to something to your detriment. A divorce lawyer in IL will make sure nothing is missing and that the divorce is fair and considers your rights and interests.
At Katherine Maloney & Associates, our divorce lawyers in Plainfield, helps clients understand what's at stake. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 8155779763 to schedule a Free Consultation.
What are the grounds for divorce in Illinois?
Currently, Illinois only recognizes "irreconcilable differences" as grounds for divorce. The state eliminated fault-based grounds in 2016, focusing on the irretrievable breakdown of the marriage without requiring proof of specific misconduct.
Do I need to be a resident to file for divorce in Illinois?
At least one spouse must have been a resident of Illinois for a minimum of 90 days before filing for divorce. The divorce can be filed in the county where either spouse resides.
How long does it take to get divorced in Illinois?
An uncontested divorce can take up to 6 months, while contested divorces typically take up to 24 months. The complexity of asset division, child custody, and disagreements between parties can extend the timeline.
Financial Considerations
How is property divided in an Illinois divorce?
Illinois follows equitable distribution laws, meaning marital assets are divided fairly but not necessarily equally. Courts consider factors like each spouse's economic circumstances, contributions to the marriage, future earning potential, and marriage duration when dividing property.
What is considered marital property in Illinois?
Marital property includes most assets and debts acquired during the marriage, such as:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Investments
- Business interests
Separate property (owned before marriage or inherited) typically remains with the original owner.
How is spousal maintenance (alimony) calculated?
Maintenance is calculated using a specific formula: 33.33% of the higher-earning spouse's income minus 25% of the lower-earning spouse's income. The duration of maintenance depends on the length of the marriage.
How much does a divorce cost in Illinois?
Costs vary widely. An uncontested divorce might cost $3,000-$5,000, while contested divorces can range from $5,000 to $50,000 or more, depending on complexity, attorney fees, and level of disagreement between parties.
How are debts handled in a divorce?
Marital debts are divided equitably, similar to assets. This doesn't always mean a 50/50 split. Courts consider factors like who incurred the debt, for what purpose, and each spouse's ability to pay when dividing financial responsibilities.
Child-Related Matters
How does child custody work in Illinois?
Illinois now uses "parental responsibilities" and "parenting time" instead of traditional custody terms. Courts prioritize the child's best interests, considering factors like each parent's relationship with the child, the child's adjustment to home and community, and the mental and physical health of all involved parties.
How is child support calculated?
Child support in Illinois is calculated using an income shares model. The court considers:
- Both parents' net incomes
- Number of children
- Amount of overnight parenting time each parent has
- Additional child-related expenses (healthcare, education)
Can child support and custody arrangements be modified?
Yes, but you must demonstrate a significant change in circumstances that warrants a modification that is in the best interest of the child. This could include:
- Substantial changes in income
- Relocation
- Changes in the child's needs
- Significant changes in parenting time
Legal Process
What is the difference between legal separation and divorce in Illinois?
Legal separation allows couples to live apart and resolve issues like property division and child custody without terminating the marriage. Divorce completely ends the marriage, allowing both parties to remarry. Legal separation can be a step toward divorce or an alternative for couples with religious or financial reasons to remain technically married.
Do we need to go to court for our divorce?
Not necessarily. Many couples resolve their divorce through:
- Mediation
- Collaborative divorce
- Negotiated settlement
These methods can be less expensive and emotionally taxing than traditional litigation.
Can I get a divorce if my spouse doesn't agree?
Yes. Illinois allows for divorce even if one spouse objects. If the couple has been separated for six months and irreconcilable differences have caused the marriage to break down, a divorce can be granted regardless of the other spouse's agreement.
What is the difference between contested and uncontested divorce?
Uncontested divorce: Both spouses agree on all terms of the divorce
Contested divorce: Spouses disagree on one or more aspects of the divorce, requiring court intervention
Do I need a lawyer for my divorce?
While it's possible to file for divorce without a lawyer, it's highly recommended to at least consult with a family law attorney. Divorce involves complex legal and financial considerations that can have long-term implications.
Financial Protection
How can I protect my financial interests during a divorce?
- Gather all financial documents
- Create a detailed inventory of assets and debts
- Avoid making major financial decisions without legal advice
- Consider working with a financial advisor specializing in divorce
Contact a Divorce Lawyer in Will County, IL Today
If you are thinking of a divorce or have been served divorce papers, contact Katherine Maloney & Associates either by using the online contact form or calling us at 8155779763. We will schedule a Free Consultation so that you can get your most immediate questions answered more specifically.