Most people who invest the time and resources into getting married do not want to get a divorce, but there comes a time in many marriages in which the spouses have to determine what will be the best way for each party to proceed. A divorce can cause enormous strain for all parties relating to a marriage, notably the children, so it can be complex for spouses to know how to work out certain issues.
When any person is seeking a divorce in Cook County or DuPage County, they are going to want to be working with a skilled Illinois divorce attorney who can make sure that their rights are being protected. In addition to determining how to allocate each parent’s time with a child, there can also be numerous issues concerning property division and payment of child support or spousal maintenance.
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs divorce proceedings in the state, including property division and spousal maintenance issues. A divorce is legally known as the dissolution of a marriage in Illinois, meaning courts will divide marital property and render decisions for spousal support when appropriate.
As of 2016, Illinois no longer requires a grounds for divorce, so whereas people once had to claim adultery, abandonment, alcohol or drug addiction, or some other factor, 750 ILCS 5/401(a-5) now states there is an irrebuttable presumption that the requirement of irreconcilable differences has been met when parties live separate and apart for a continuous period of not less than six months immediately preceding the entry of the judgment dissolving the marriage.
Irreconcilable differences is a broad but far from exclusive reason for spouses to divorce, so it generally applies to all cases. Spouses have to satisfy residency requirements to file for divorce in Illinois, which include one spouse being an Illinois resident for 90 consecutive days prior to filing for divorce, or one spouse being stationed in Illinois as a member of the armed services for 90 days prior to filing for divorce.
When spouses are going through a divorce, most of their matters are going to be resolved through negotiations with other lawyers. Some of the most commonly contested issues may relate to property division, division of debts, maintenance awards, child care, and additional financial obligations.
There can be complicating factors to certain divorce cases that involve domestic violence or other unique issues. People should be certain to seek legal counsel when they know they will have issues that are not common in most other divorces.
If you are currently considering a divorce in Illinois or know that your spouse will be seeking one soon, you should not delay in looking for legal representation for yourself. Make sure that you take the time to schedule an appointment with Brinkmeier Law, LLC, so you can fully understand what is going on in your case and what you can do now to help protect your future.