Couples who have officially decided to file for divorce and have submitted a petition to the court must still comply with a number of other court rules. For instance, only those who have lived in the state for at least 90 days can file for divorce in Illinois. Furthermore, petitioners will also need to submit a filing fee to the court. Failing to abide by these rules can delay a divorce by weeks or even months, so if you are considering divorce, you should contact a team of experienced divorce attorneys near Palos Heights who can walk you through the filing process.
Illinois is a pure no-fault divorce state, which means that couples are not required to provide proof of fault in order to obtain a divorce, but need only provide evidence that irreconcilable differences have caused the irretrievable breakdown of the union. A judge will also need to determine that efforts at reconciliation have already failed or would not be in a particular family’s best interests. Generally, a couple can prove irreconcilable differences by showing the court that they have lived separate and apart for at least six months. This creates an irrebuttable presumption that the grounds for divorce have been established. Fortunately, this does not mean that a couple must be able to prove that they have lived under separate roofs for six months, but only that the parties have begun living separate lives during that time period.
Divorcing couples must contend with a number of issues before their marriage can legally be dissolved. For instance, a court will only finalize a divorce if a couple’s marital property has been equitably distributed. In Illinois, marital assets include all property, as well as debts, that are acquired by either spouse after the marriage takes place with the exception of:
When determining what would constitute a fair division of marital assets, courts look to a number of different factors, including both parties’ economic circumstances, the length of the marriage, and the parties’ contributions to the marital estate.
Besides deciding how a couple’s property will be divided upon divorce, Illinois residents who want to end their marriages must also decide whether one spouse will be obligated to pay spousal maintenance, and if so, what form those payments will take, and how long they will be required. These determinations are usually based on the parties’ incomes, as well as statutory guidelines, and the length of the marriage.
In Illinois, couples who share children are also required to submit a parenting plan proposal to the court that contains a parenting time schedule and division of parental responsibilities. Couples who cannot come to an agreement on these issues will be forced to abide by the court’s ruling, which will be determined based on what the judge believes would be in the child’s best interests.
To speak with an experienced Palos Heights divorce attorney, please call the office Demetrios N. Dalmares & Associates, Ltd. A member of our team can also be reached via email by sending a message to firstname.lastname@example.org or by submitting one of our online contact forms.