There are a number of steps that divorcing couples must take before their marriage can officially be dissolved. This includes filing a divorce petition, satisfying residency requirements, and contending with a host of complicated divorce-related matters, including spousal maintenance and the division of marital property. For help navigating this complex process during your own divorce, please contact our experienced Orland Park divorce law firm today.
Before an Illinois court will grant a divorce, a couple must be able to establish that irreconcilable differences have led to the irretrievable breakdown of their marriage and that:
Fortunately, proving that irreconcilable differences exist can be a simple process, as it can be established by demonstrating that a couple has lived separately for at least six continuous months.
Couples who have decided to end their marriages must decide how marital assets will be divided upon divorce. While many couples are able to reach an amicable out-of-court agreement on these issues, doing so is not always possible, in which case, a judge will step in and determine how marital assets should be shared. This decision will impact a wide range of assets, as it covers any property obtained during the marriage by either party, including:
As long as the asset was obtained after the marriage took place, it will be considered to be marital property. The only exceptions to this rule are gifts given only to one spouse, inheritances, and property that is specifically excluded by a premarital agreement. In determining what would constitute an equitable division of these assets, courts look to a number of factors, including each party’s contribution to acquiring the property, each person’s financial circumstances, and the duration of the marriage.
Before a court finalizes a divorce, it also requires couples to determine whether one party will be obligated to pay spousal maintenance to the other once the divorce is official. If determined to be appropriate, a court will use specific guidelines regarding the parties’ incomes and the length of the marriage to come up with the payment amount and duration.
Some of the most painful disputes that divorcing parents experience during the divorce process involve parenting rights and responsibilities. Parents who are unable to reach an agreement on these issues on their own will be required to comply with court orders on a number of childcare-related issues, including:
For help reaching an agreement with your own partner on these types of issues, please contact our legal team today.
If you have questions or concerns about filing for divorce in Illinois, please contact the experienced Orland Park divorce law firm of Demetrios N. Dalmares & Associates, Ltd. We can be reached by phone or by sending an email to firstname.lastname@example.org.