If you’re getting a divorce in Illinois, the “Prairie State,” you may be anxious and wondering how the state law views divorce. It’s normal to fret over such a huge life change, but we’ve got all of the basic facts for you on the divorce process so you can start to get prepped and feel informed. From understanding basics on filing to basics on property division and more, this article can give you an overview of what to expect as you file for divorce.
A “dissolution of marriage” in Illinois is based on three types of grounds: fault-based or no-fault, or, if the two of you have lived apart for twenty-four months, then no proof of grounds or marital problems are legally necessary. This means that even if one person wants to file no-fault without the spouse agreeing, you can do so in the eyes of the court.
However, most people choose the no-fault route by stating the marriage is irrevocably broken and impossible to repair.
If this is the route you and your spouse are choosing, here are some basics you need to know:
Filing for a fault-based divorce will more complicated than no-fault, so keep that in mind. Another fact about divorce law in Illinois is filing for a fault-based divorce won’t help you in regards to property division, typically. Judges do not factor fault in when it comes to property division in Illinois in most cases.
Here are examples of reasons people file for fault-based divorce in Illinois:
As you can see, these grounds would make finalizing a divorce more complicated.
There are two types of divorce: uncontested or contested. Contested means the spouses don’t agree to various matters and uncontested means that both parties do agree. In the case of a contested divorce, this can make the divorce drag on. Often parties are fighting over matters such as: where children should live (custody matters), child support issues, property division squabbles, martial debt issues and alimony. In the case of an uncontested divorce where all parties agree, the divorce agreement must still get a final approval by a judge, whose goal is to determine that the agreement is reasonable enough and will support the children of the marriage if there are any.
Like many other states, Illinois and Illinois courts supports equitable division. This means that:
Marital property is what the judge will divide, but the non-martial property will stay with the owner.Some other facts you need to know about property division:
Here are two other big issues often fretted over during the divorce process: child custody and child support.
Generally, the Illinois courts want both parents to have as much time as possible with the child and favor a joint custody situation. Ultimately, whatever is in the best interest of the child/children is how the judge will determine the final say on the custody schedule. Here are a few factors (but not all) that the judge will consider when deciding on child custody matters:
Overall, the court really wants both parents involved as long as both parents have healthy relationships with the children.
Child support is calculated on how many overnights or time the parents spend with the children and how much each person makes. Keep in mind: if you are divorcing and have children, the court system of Illinois requires you to take a parenting class before your divorce and custody schedule is finalized. The goal is for both parents to understand how to help children succeed and be happy after divorce.
Divorce can be a complicated, draining and expensive process, but it doesn’t have to be. If you’re looking to file for an uncontested divorce in California, do it the easy way with our friends at It’s Over Easy, the only online divorce solution that guides you through every aspect of your case, founded by celebrity divorce lawyer Laura A. Wasser.
“After practicing Family Law for over 20 years I came to realize that people deserve a better way to get divorced. I founded It’s Over Easy to give people a high-quality, less expensive & more amicable option. Our platform takes the user through the entire dissolution process. We provide information and support along the way through our content on our Insights Blog, the Divorce Sucks! Podcast and The Index, our curated professional and lifestyle resource guide. Divorce is difficult but the legal part shouldn’t have to be.”
–Laura A. Wasser
There are a lot of questions you still have, but the good news is there are many people and professionals here to help you along your divorce journey.
This is a great checklist with resources you’ll need to make the divorce process as smooth as possible:\n
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Legal Disclaimer: This article is intended for informational purposes only and should not be relied upon as legal advice on any subject matter. Consult with an attorney for more information regarding your individual situation.
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