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Divorce in Chicago
Introduction
The Chicago Divorce Law Offices of “Insert Attorney Name” are compassionate, experienced divorce attorneys in the Chicago area. We strive to give you one-on-one personal service.
Overview
Simple Divorce
- The marriage was 8 years or less
- Reason: Irreconcilable differences
- Separated for 6 months
- No children
- Both self-sufficient
- No real estate – property less than $10,000
- Total annual income of both is less than $35,000
- No spousal support
- Judgment can be received on the filing day or within a few days
Uncontested Divorce
- The marriage was more than 8 years
- There are children, real estate and assets to be considered
- Income of more than $35,000
Contested Divorce
- The Sheriff serves the Petition for Dissolution of Marriage on the other party
- Temporary child support and custody, alimony issues
- Some of the issues involved are:
- Children – custody, support, visitation
- Division of property and assets
- Bills to be paid, debts to be resolved
- Financial – pensions, retirement, bank accounts, etc.
- Health insurance
Grounds for Divorce
In Illinois there are eleven grounds for divorce:
- Irreconcilable differences or no-fault
- Adultery
- Physical cruelty
- Mental cruelty
- Desertion/Abandonment
- Impotence
- Bigamy
- Being drunk for last 2 years
- Drug addiction for last 2 years
- Felony conviction
- Sexually transmitted disease given to spouse
Child Custody
Custody is a very important element in the matters of divorce. During this stressful process, our attorneys take the time to focus on the best interests of the child. In Illinois, there are two types of custody:
- Sole Custody
- One parent will have total physical custody
- The other parent will have visitation rights
- Joint Custody
- Both parents are totally involved in the daily needs of their children
Child Support
- A percentage formula is used by Illinois Courts to determine child support payments:
Number of Children |
% of Supporter’s
Net Income |
1 |
20 |
2 |
28 |
3 |
32 |
4 |
40 |
5 |
45 |
6 or more |
50 |
- Net income = total income less deductions:
- Federal and State income tax
- Social Security
- Dues (i.e. union)
- Retirement contributions
- Insurance premiums
- Any other mandatory amount being taken out of pay check
Visitation
Illinois law states that a non-custodial parent is entitled to substantial visitation rights. It continues to say that maximum involvement of both parents would be in the best interests of the children in mind.
A good schedule would include:
- various weeknights
- every other weekend
- alternate holidays
- birthdays
- at least two weeks over the summer.
Alimony
Alimony is awarded to your long-term spouse who is unable to work for several reasons. Awards are based upon:
- Needs of each party
- Income of each
- Present and future earnings
- Standard of living during marriage
Property Division
Marital or Community
The court will divide the marital property and the marital obligations or debts between the two spouses. The court takes into consideration:
- Length of marriage
- Contributions made to marriage – such as being a homemaker
- Value of property
- Child Custody
- Financial situation
Non-Marital
This is not awarded; it stays with the person who owns it.
- An inheritance
- Property that is “gifted”
Conclusion
The Chicago Divorce Law Offices of “Insert Attorney Name” knows that this is the most difficult ordeal anyone can go through. We know you are not thinking clearly; however, we are and we will get you through this emotionally-draining time.
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