Divorce process in Illinois

If you are planning to file for a divorce in Illinois, there are a lot of details that you should know about. Your divorce process will vary based on a variety of details specific to your circumstances, and they are best to be discussed with a . Read below to get a general idea of what to expect as you move forward in your divorce: divorce attorney in Schaumburg, Illinois

Separation

Before you are able to officially divorce, you are required by the state of Illinois to be separated from your spouse for a period of time (in the case of a no-fault divorce – read more below). Separation means that you are fully independent of each other. Unlike many states, Illinois does not require that you are not living in the same household, only that your routines are entirely separate. This means that you do not share a car, use joint bank accounts, engage in sexual activities, or otherwise rely on each other for anything that would indicate a partnership at all. The standard separation in Illinois is two years.

Six-Month Separation

If you and your partner agree on all terms of the divorce, then you may file a separation waiver with the court. When you file this waiver, the court may agree to shorten your required separation period from two years down to six months.

Two-Year Separation

Without filing a waiver, Illinois requires a two-year separation period before a divorce is finalized. You may begin the divorce process during this time, but nothing will be finalized until you complete this two year requirement, or sign the aforementioned waiver.

Grounds for Divorce

Your divorce may be considered a “no-fault” divorce, or there may be grounds for divorce that void the separation period based on actions of one or both spouses.

No-Fault Divorce

A no-fault divorce states that there are irreconcilable differences in the marriage, but to no specific fault of one spouse. In the event of a no-fault divorce, there is a mandatory separation period.

Fault Grounds for Divorce

In other circumstances, the courts may determine that there are faults present for the divorce, and may expedite the process and eliminate the separation period. Below are a few faults:

Abuse

If a spouse is physically or mentally abusive to the other, the party filing for divorce may not be required to undergo the separation period and expedite the divorce process.

Infidelity

In the event that a spouse in unfaithful, this is also considered grounds for a divorce where on party is at fault.

Abandonment

If a spouse has abandoned the other for more than one year, the court may determine that this is a fault grounds for divorce.

Addiction

Drug or alcohol addiction lasting more than two years is considered a fault grounds for divorce in Illinois.

Felonies or Imprisonment

If a spouse is convicted of a felony and/or imprisoned, the state of Illinois has determined that this is a valid fault, and grounds for a divorce that does not require separation.

Custody Issues

If there are children in the marriage, then there will be a portion of the divorce hearing devoted to determining how the children will divide their time among parents, as well how legal decisions are made for the children. This division of responsibility is based on a variety of factors such as how responsible each parent is, the time each has available, the mental and emotional condition of each parent, and more.

Child Support Issues

Once custody has been decided, it will be determined if one parent must make payments to the other in order to lend financial support to the children. The final decisions for child support depend on the income of each parent, the division of custody, and more.

Alimony

Even in the event that there are no children in the marriage, there is a possibiltiy that one spouse must pay alimony to the other. Alimony payments are determined based on the financial dependency present in the marriage, as well as a variety of other factors such as the grounds and terms of the divorce.

Divorce Hearing

The divorce hearings will be ongoing as each of the above issues are sorted out. If you and your soon-to-be ex-partner agree on all terms, you may have signed a separation waiver, waited the allotted time, and will simply go to your hearing in order to sign papers and finalize the divorce. In other cases, the divorce may be more contentious and will require multiple hearings, with each party making or demanding certain concessions before moving forward.

More To Expect About Your Divorce

In addition to hearings, there may be required mediation, meetings between the parties filing for divorce and their lawyers, and more. Each divorce case is unique, so your experience may not look like the process listed above. In order to get a better idea of what to expect for your divorce, it is best to speak with a lawyer. Many divorce attorneys offer initial consultations where you will be able to discuss your circumstances, understand their opinion of the situation, and leave with a better idea of what will happen next. As you can see from the steps listed above, there are many routes your divorce could take. Having a professional to help you through the process is highly recommended, as a trained divorce attorney understands each of these possibilities, has experience navigating them, and will be able to help you to an agreement.