If you are considering a divorce in Naperville, there are some things you should know first. Before you can file, Illinois requires that you be a resident for at least 90 days prior. Provided the divorce is not contested, there is no waiting period to file. Like other family law matters, Illinois law spells out rules for how to handle issues like child support, parental responsibilities, spousal maintenance, property division, and more.
Like a handful of other states, Illinois is a no-fault divorce state. What this means is that the reason for the divorce will not matter (whether it’s a cheating spouse or any other specific reason you are wanting a divorce.) Instead, all the state cares about is that you file for divorce and cite irreconcilable differences. This implies that the marriage has broken down and there is no chance of repairing it. However, even if your spouse cheated on you and that is the reason you are divorcing, there is no option to pursue additional damages due to adultery.
Illinois is an equitable distribution state, not a community property one. This means that during a divorce, marital assets and liabilities will be divided in an equitable and fair manner. With a community property state, assets and liabilities would be divided 50/50. In Illinois, if a spouse gets the family home, the other spouse might get another asset of comparable value. If you and your spouse cannot reach an agreement on property distribution together, then the court will look at a variety of factors when deciding the appropriate distribution.
Because of the equitable distribution laws in Illinois, the court will also look at assets like 401(k) plans, pensions, and other retirement accounts that may need to be divided in the divorce. Depending on the type of plan, it can be quite complex, and additional documents may be required to effectuate the distribution of those retirement assets, like a Qualified Domestic Relations Order. Your Naperville divorce attorney will help you understand all of the rules that apply in your particular case.
Child custody and visitation in Illinois is now called parental rights and responsibilities. No matter what you call it, the court will still determine who will be the parent responsible for legal decisions, which is known as decision making. What was known as visitation is now called parenting time. Unless there is a threat to the child’s safety and security, the court will favor a plan that will allow both parents to spend as much time as possible with the child.
If child support is warranted, it will be determined based upon a formula which considers by both parents’ net income, and how much time the child spends with each parent. Support is awarded to ensure the child’s needs will be met once the divorce has been finalized.
If you are considering filing for divorce in Naperville, or you have already been served with a petition, you need to contact the Law Office of Demetrios N. Dalmares & Associates, Ltd. today to schedule an initial consultation.