If you are considering filing for divorce in Hickory Hills, there are a couple of things you need to know. First of all, to file for divorce in the state, you have to have been a resident for at least 90 days. The second is that there is no waiting period for filing a divorce as long as the divorce is uncontested. Illinois divorce statutes lay all the ground rules for divorce when it comes to adultery, retirement plans, child support and custody, alimony, and property division.
Illinois is one of several states that are no-fault states. This means that it does not matter if your spouse has committed adultery. The only reason a judge will accept for divorce is irreconcilable differences. You cannot pursue additional damages regardless of what caused the irreconcilable differences.
Illinois is one of several equitable distribution states regarding property division during a divorce. This means that although the property may not be divided exactly down the middle, it will be deemed equitable for both parties in the way it was divided. This division is decided by a variety of factors, including marital and non-marital property, income, debts, and assets.
Because of the equitable distribution laws, this also means that retirement accounts such as 401k plans and pension plans may be divided in a manner that is deemed to be equitable. Retirement plans for some employees, such as state employees, have more complicated rules when it comes to divorce division. Your Hickory Hills divorce lawyer can help you better understand these rules.
Child custody in Illinois is now referred to as parental responsibilities and decision making. Regardless of the name, it still determines who will be the decision-maker when it comes to extra-curricular activities education, religion, and health. Visitation is referred to as parenting time, and the court will favor a plan that allows both parents to spend maximum time with the child.
Child support will be determined by the net income of the parents and how much time the child spends with each parent. The goal of child support is not to punish one parent, but to ensure the child’s lifestyle and needs are still met after the divorce is finalized.
In a divorce where one spouse makes significantly more income than the other, the judge may order spousal support, or alimony. When this is deemed necessary, Illinois laws specify a formula for determining the amount of support that will be awarded. In some situations, like when a spouse is disabled, alimony may be ordered permanently, even if the disabled spouse collects Social Security Disability Insurance.
If you are considering filing for a divorce or have questions pertaining to divorce, contact the attorneys at the Law Office of Demetrios N. Dalmares & Associates, Ltd. We can answer your questions and help you understand what to expect if you decide that divorce is the right option for you. Contact us today to schedule a consultation.