Divorce Lawyers in Elgin IL
Divorce can be a difficult and emotionally-charged event. Whether you, your spouse, or both of you want a divorce, ending a marriage is almost never easy. On top of the emotional challenges of divorce, there are many legal requirements you must meet and steps you must take before your marriage will legally be dissolved under Illinois law.
Legal Requirements For A Divorce In Illinois
In order to be granted a divorce, one of the spouses must be a resident of Illinois (or a military member stationed in the state for the previous 90 days). Furthermore, if the spouses live separate and apart for at least six months, this creates an irrebuttable presumption that the condition of irreconcilable differences has been met.
Property And Debt Division
One issue that must be addressed in almost every divorce is how to divide up the property, assets, and debts that you have accumulated as a married couple. Illinois law requires that all property be divided equitably, which does not necessarily mean equally. Instead, if you cannot agree on division of property, the court will determine the most fair division based on a number of factors.
If you and your spouse have a child together, you must determine a custody and parenting time arrangement. Custody can refer to both physical custody (where the child lives) and to legal custody (who has the authority to make important decisions for the child). In many cases, parents can negotiate a shared custody plan with little to no interference from the courts. However, other couples refuse to agree and the court must intervene and make a custody determination based on arguments made at trial.
A court should determine a child support amount based on the income of the parents, the needs of the child, and other factors as set out in Illinois law. If your circumstances later change, you can go back to court and seek a post-judgment modification of the child support order.
Spousal support is referred to as maintenance in Illinois and is intended to correct a financial disparity between divorcing spouses. Maintenance can be temporary to help until a spouse can support themselves or it can be permanent in cases of long-term marriages.
Consult With Our Experienced Divorce Lawyer As Soon As Possible
In order to ensure that you receive fair and just divorce determinations and that the process goes as smoothly as possible, you should call the Casement Group in Elgin today. We represent clients in Kane, DeKalb and the surrounding counties and will help you through every step of your divorce case, so please call us at (847) 888-9300 today.