Filing for divorce is a significant legal step; being well-informed can help protect your rights and interests.
Divorce is a life-changing decision that comes with emotional and legal complexities. Understanding the legal process, requirements, and potential outcomes is crucial if you’re considering ending your marriage in Illinois.
Need legal guidance? Schierer & Ritchie, LLC can help you through every step of your Illinois divorce. Contact us today for a consultation.
Residency Requirements for Divorce in Illinois
Before filing for divorce, at least one spouse must meet the residency requirement:
- You or your spouse must have lived in Illinois for at least 90 days before filing.
- If you have children, they must have lived in Illinois for at least six months for the court to have jurisdiction over custody matters. (750 ILCS 5/401)
Grounds for Divorce in Illinois
Illinois is a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse. The only recognized ground for divorce is “irreconcilable differences,” which means:
- The marriage has broken down beyond repair.
- Efforts at reconciliation have failed or would be impractical.
- If both spouses agree to the divorce, there is no mandatory separation period.
- If one spouse objects, the court may require a six-month separation before finalizing the divorce. (750 ILCS 5/401)
Division of Marital Property
Illinois follows equitable distribution, meaning assets are divided fairly, though not equally. Courts consider factors such as:
- The duration of the marriage.
- Each spouse’s financial and non-financial contributions.
- The economic circumstances of each party.
- Child custody arrangements.
Marital property includes assets acquired during the marriage, such as homes, bank accounts, and retirement benefits. Non-marital property (e.g., inheritances or pre-marriage assets) typically remains with the original owner. (750 ILCS 5/503)
Alimony (Spousal Maintenance) in Illinois
Spousal maintenance, commonly known as alimony, is awarded based on:
- Each spouse’s income and financial needs.
- The standard of living is established during the marriage.
- The duration of the marriage.
- Contributions of each spouse (financial and non-financial).
Illinois uses a formula to determine maintenance payments for couples with a combined gross income below $500,000. Courts may deviate from the formula for higher-income couples. (750 ILCS 5/504)
Child Custody and Parenting Time
Illinois law defines child custody as “allocating parental responsibilities” and “parenting time.”
- Courts prioritize the best interests of the child, considering factors such as:
- Each parent’s relationship with the child.
- The child’s adjustment to home, school, and community.
- Any history of domestic violence or substance abuse.
Parenting time is usually shared, but courts may grant sole parental responsibility if it is in the child’s best interest. (750 ILCS 5/602.7)
Child Support Guidelines
Child support in Illinois is determined using the income shares model, which considers:
- The combined income of both parents.
- The number of children.
- Each parent’s respective parenting time.
The Illinois Department of Healthcare and Family Services provides an online child support estimator for calculating estimated payments. (Illinois Child Support Estimator)
How Long Does a Divorce Take in Illinois?
The length of a divorce case varies based on:
- Whether both parties agree on the terms (uncontested) or have disputes (contested).
- The complexity of property division and child custody arrangements.
- The court’s schedule.
Average timelines:
- Uncontested Divorce: Typically finalized in 2-6 months.
- Contested Divorce: Depending on litigation, this can take 12 months or longer.
Do You Need a Lawyer for Divorce in Illinois?
While Illinois law does not require you to have an attorney, divorce can be legally complex. Hiring an experienced divorce lawyer can help:
- Protect your financial interests.
- Ensure fair division of assets.
- Negotiate child custody arrangements.
- Reduce stress and avoid costly mistakes.
Consulting an attorney is highly recommended if you have significant assets, children, or disputes with your spouse.
Steps to File for Divorce in Illinois
- Prepare and File a Petition for Dissolution of Marriage in the county where either spouse resides.
- Serve the Divorce Papers to your spouse (if not filing jointly).
- Wait for a Response (your spouse has 30 days to respond).
- Negotiate Terms (property division, child custody, etc.).
- Attend Mediation or Court Hearings if required.
- Finalize the Divorce with a court-issued Judgment of Dissolution of Marriage.
Preparing for Divorce in Illinois
Filing for divorce is a significant legal step; being well-informed can help protect your rights and interests. Whether your divorce is amicable or contested, understanding Illinois divorce laws will help you navigate the process more smoothly.
Need legal guidance? Schierer & Ritchie, LLC can help you through every step of your Illinois divorce.
Contact us today for a consultation.