Sometimes, couples grow apart, or the circumstances surrounding a relationship change and make it impossible for the couple to remain together. When this happens, the couple can legally end the marriage through the divorce process.
An experienced divorce lawyer can explain the divorce process to you in greater detail. If you are considering filing for divorce, speaking with a lawyer should be your first step.
Illinois Divorce Requirements
Every state has specific requirements for divorcing couples, and Illinois is no different. In Illinois, the following stipulations apply to your case:
- To file for divorce, you or your spouse must have lived in Illinois for at least 90 days;
- You can file divorce paperwork with the circuit court of the county where you live or your spouse’s county;
- Illinois couples are permitted to file fault and no-fault divorces depending on their personal circumstances. Additionally, an individual may file for divorce based on being separated for 24 months or longer; and
- Divorcing couples’ marital property is divided according to the doctrine of equitable distribution, which means the court considers a variety of factors about the couple’s lifestyle and needs to determine an appropriate way to distribute their assets.
Components of a Divorce Order
Your divorce order will contain one or more of the following:
- Property division order. This order states how the couple’s marital assets are divided. Every divorce involves a property division order;
- Spousal maintenance order. A maintenance order, also known as an alimony order, protects the lesser-earning partner from financial hardship after the divorce. How much support an individual receives and for how long he or she receives it is determined by a predetermined set of factors about the couple;
- Child support. If you have minor children, your divorce order will include a child support order to ensure that they are financially supported by both parents. Child support orders are developed using a specific formula; and
- Child custody. If you have minor children, the court will create a parenting plan for them. This plan outlines the time your children spend with each parent and each parent’s responsibilities in regards to the children. The court makes its determination based on a set of factors about the children and parents.
Know Your Rights and Options
Not all divorces are completed in the courtroom. Many are settled outside of court through mediation or the collaborative process. Talk to an experienced divorce lawyer to determine if either of these, or a simplified divorce, are feasible options for you.
Work with an Experienced Hoffman Estates Divorce Attorney
If you know your marriage is over, divorce is the next logical step for you and your spouse. To learn more about the divorce process, your rights as a divorcing individual, and how you can promote your interests as you work to exit your marriage, contact our team of Hoffman Estates divorce attorneys at The Law Offices of Martin A. Delaney III, Ltd. today to schedule your confidential legal consultation at our office.