What Makes Divorce Unique in Illinois?

 Posted on November 22, 2023 in Divorce

Like in many states, divorce in Illinois is a process rife with strong emotions and various challenges. In Illinois, the state follows its own set of laws and regulations governing the dissolution of marriage. Several unique aspects are found in Illinois that distinguish divorce proceedings from those in other states. If you live in Illinois and are looking to pursue a divorce, contact a qualified lawyer to assist you in the process.

Residency Requirements

To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This residency requirement ensures that the state has jurisdiction over the divorce proceedings. It is important to note that the 90-day requirement applies to both contested and uncontested divorce.

Equitable Distribution

Illinois subscribes to the principle of equitable distribution when dividing marital property. This means that the court will divide the assets and debts in a manner it deems fair, considering factors like what each spouse contributed to the marriage, how long the couple was married for, and the economic circumstances of each spouse. During the property division process, you will work closely with your attorney to ensure that your rights and interests are protected.

Child Custody

In Illinois, the court strongly encourages parents to reach a mutually agreed-upon parenting plan that outlines child custody and visitation arrangements. If parents cannot agree, the court will make decisions on what it feels are in the best interests of the child.

Child Support

Meanwhile, child support in Illinois is calculated by taking into account both parents’ incomes and the number of children involved. The court uses guidelines to determine the amount of child support, ensuring that the financial needs of the child are adequately met.

Spousal Support

If one spouse is financially dependent on the other and lacks sufficient income or property to support themselves, spousal support may be deemed appropriate. Contrary to what many believe, spousal support, also known as alimony, is not automatically granted to one party in a divorce. Factors surrounding the marriage and divorce will be considered when determining whether spousal support is appropriate.

Contact a Wheaton, IL, Divorce Lawyer

Deciding to pursue a divorce is no easy decision. But if you have made the decision, there are qualified legal professionals who will kindly assist you to the fullest extent of their capabilities. Contact the skilled DuPage County divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.