When you know your marriage is over and there is no chance of reconciling with your spouse, take the time to educate yourself about the divorce process. Getting divorced is a big step, but sometimes, it is the right step for you and every other member of your family. Learning about what the divorce process entails can make it seem less intimidating and give you insight to aspects of the process that you had not considered.
Below are a few basic guidelines about getting divorced in Illinois. These are not a substitute for a thorough consultation with an experienced divorce lawyer. When you speak with a lawyer, you can go more in depth about different parts of the divorce process and discuss them within the context of your situation.
The document that outlines the terms of a couple’s divorce is known as their divorce settlement. This legal order contains the couple’s property distribution order. In any divorce, regardless of the number of assets the couple owns or the assets’ value, the couple’s marital assets and debts must be divided. They are divided according to the doctrine of equitable distribution, which means the court considers a set of factors like the length of the couple’s marriage, each partner’s income, and each partner’s noneconomic contributions to the marriage to determine a fair breakdown.
If the couple has minor children, their divorce settlement can also contain a child support order and a parenting plan. Child support orders are developed using a formula that incorporates each parent’s income and the amount of time they spend with the child according to their parenting plan. The parenting plan provides a timesharing schedule and a breakdown of each parent’s parental responsibilities.
When one partner sacrificed their career progress in some way to benefit the couple’s home and children, that partner may seek spousal maintenance. Spousal maintenance is money one partner pays to the other after their divorce to lessen his or her financial hardship. Often, it is paid for a specific period of time to provide a financial cushion while the lesser earning spouse prepares to reenter the workforce. With longer marriages and individuals who cannot realistically become self-sufficient, it may be paid permanently.
Illinois imposes a few requirements on individuals seeking divorce. These include:
Your marriage might not last forever. If your marriage is over, speak with an experienced divorce lawyers about the divorce process and what you can expect from it. Contact our team at Demetrios N. Dalmares & Associates, Ltd. today to schedule your free legal consultation in our office.