It is imperative that you safeguard your best interests during the challenging process of divorce. A Chicago divorce attorney can provide assistance with all aspects of the dissolution of a marriage, such as child custody, parental time, support, and property division. A Chicago family law firm can also provide assistance with other related matters, including legal separation, adoption, protection, and restraining orders.
The process of divorce in Chicago, Illinois, can be significantly simplified and less distressing with the assistance of an experienced divorce lawyer. The most effective method of resolving all issues, whether through settlement or trial, can be determined by your Chicago divorce attorney after reviewing your case.
The procedure commences with the filing of a Petition for Dissolution of Marriage by one spouse with the local court. The other spouse must be issued with the documents and provided with a 30-day response period. Then, your Chicago family law attorney will assist you in the preparation and submission of all necessary paperwork to initiate the divorce proceedings.
Illinois is a no-fault state, which means that the petitioning spouse is not required to establish fault on the part of the other spouse in order to obtain a divorce. Rather, the party must demonstrate that the marriage has been irretrievably shattered as a result of irreconcilable differences. The requirement of irreconcilable differences is automatically presumed to have been satisfied if the spouses reside separately and apart for a period of six months prior to the entry of a judgment dissolving the marriage.
The spouses are required to disclose their financial information and assets in addition to submitting the requisite legal documentation. Both parties will be required to submit a financial affidavit that delineates their income, assets, and liabilities. A formal discovery process may be required to investigate the matter if there are any disputes or suspicions of asset concealment. Your Chicago divorce attorney can collaborate with you to negotiate an equitable property settlement agreement after all assets and liabilities have been identified.
Parenting Time and Child Custody
If you have children, you will need to consider the issues of child custody and visitation, which are now referred to as “parenting time” in Illinois. In general, the determination of these matters is predicated on the child’s best interests. The “income shares model” is a guideline established by the Illinois legislature in the area of child support. This formula takes into account the earnings of each party to ensure that the child receives a standard of living that is comparable to that which they would have experienced if the marriage had not ended.
Your Chicago divorce counsel will examine all documents that you and your spouse are required to disclose during the divorce process. Subsequently, you and your spouse will participate in a pretrial conference with your attorney, during which each of you will present to the Judge your proposed resolution of all outstanding issues in your case. At this juncture, the majority of cases are resolved through either a judge’s ruling or an agreement between the parties. If your divorce case does not resolve, your Chicago divorce attorney will prepare for trial in order to present your evidence and advocate on your behalf.