Divorce is a difficult time, and you need to ensure your best interests are protected at all times. A Chicago divorce attorney can help with all aspects of the dissolution of a marriage, including child custody, parenting time, support and property division. A Chicago family law firm can also assist with other related matters, such as legal separation, adoption and protection and restraining orders.
A good Divorce Lawyer in Chicago Illinois can make the process less stressful and confusing. Your Chicago divorce attorney can review your case and determine the most efficient approach to resolve all issues, whether through settlement or trial.
The process begins when one spouse files a Petition for Dissolution of Marriage with the local court. The other spouse must be served with the papers and given a 30-day response period. Then, your Chicago family law attorney will help you prepare and file all required paperwork to begin the divorce proceedings.
Illinois is a no-fault state, which means that the filing spouse does not need to prove fault by the other spouse in order to obtain a divorce. Instead, the party must show that irreconcilable differences have led to the breakdown of the marriage. If the spouses live separate and apart for a period of six months prior to the entry of a judgment dissolving the marriage, there is an automatic presumption that the requirement of irreconcilable differences has been met.
In addition to filing the necessary legal paperwork, the spouses must disclose their financial information and assets. Both parties will need to complete a financial affidavit, listing all income, assets and debts. If there are any disputes or suspicions of hiding assets, a formal discovery process may be necessary to investigate the matter. Once all assets and liabilities are identified, your Chicago divorce attorney can work with you to reach a fair property settlement agreement.
Child Custody and Parenting Time
If you have children, you will need to address issues of child custody and visitation (now called “parenting time” in Illinois). Generally, these issues are decided based on what is in the best interests of the child. In terms of child support, the Illinois legislature has established a guideline known as the “income shares model,” which is a formula that considers each party’s earnings in order to guarantee that the child receives a standard of living similar to what they would have had if the marriage had never broken down.
During the divorce process, your Chicago divorce lawyer will review all documents that you and your spouse have to disclose. You and your spouse will then attend a pretrial conference with your lawyer, where each of you presents to the Judge your proposed resolution of all outstanding issues in your case. Most cases are resolved at this point either through agreement between the parties or by a Judge’s ruling. If your case does not settle, your Chicago divorce attorney will prepare for trial to present your evidence and advocate on your behalf.
