872-331-4144Chicago Divorce Attorneys
Don’t Take on Family Law Issues Alone!
Going through a divorce can make a person feel all alone. The person you planned on spending your life with and built your life around suddenly is no longer a part of it. If you have children with this person, the whole situation can be much more difficult.
It can be hard to know where to start. Separating your lives can be a daunting task, and if your soon-to-be ex is making things more difficult, it can seem impossible.
January Family Law, LLC is here to walk you through every step of the divorce process. Call 872-331-4144 to schedule your free consultation.
Where Should You Start?
If you are thinking about divorcing your partner, it can be hard to know where to start. You have likely already been worried about financial planning and saving money to prepare for the oncoming changes. If you are going to be leaving your marital home, you have probably been checking the internet for apartment listings in your price range. If you decide to forgo working in order to be a stay-at-home mom, then your search history is probably loaded with job boards.
But what is the first step you should take in this legal process?
Separation
The first step in starting a divorce is usually separation. This separation doesn’t just mean “breaking up” with your spouse. Illinois divorce courts typically want a six-month waiting period between a couple’s separation and finalizing a divorce.
You do not have to be living in separate residences to be considered separated for purposes of the waiting period. Talk with an experienced attorney about what qualifies as separated.
Determine the Grounds for Divorce
Some states require you to declare your grounds for divorce. In Illinois, the only grounds for divorce are irreconcilable differences. This type of divorce means that your marriage is irreparably damaged, and it does not matter how that damage has happened. For example, you do not have to prove infidelity if you are leaving your spouse because of an affair.
A judge may require documentation that reconciliation has been attempted or that any attempt to reconcile would be impossible or even dangerous. Illinois is a no-fault divorce state, which means that neither party has to allege any specific wrongdoing as the reason for the divorce. In fact, Illinois does not even allow fault-based divorce.
File For Divorce
This action is a crucial step when going through divorce. Filing for divorce is the step in the process where you start filing your paperwork with the court to start the legal process of dissolving your marriage. In Illinois, you can file for divorce in the county you or your spouse lives in. The petition is filed with the circuit court and should include the following information:
- The date of your marriage and the state and county where it was registered.
- Names, addresses, and ages of all living children of you and your spouse and if you or your spouse are pregnant. You can speak with an attorney about using the initials of your children and simply their age in years and their birth year rather than their full name and full date of birth.
- Suppose you and your spouse have worked out a parenting plan, including the allocation of parental responsibilities, parenting time, and child support agreements. In that case, those agreements could be turned in with your petition.
- If you and your spouse have reached an agreement regarding spousal support, you could turn it in with your petition.
- What you want the judge to award to you and what you want the judge to award to your spouse, also known as “relief.”
There is typically a $300-$400 fee required to file for divorce in Illinois.
Serving Your Spouse the Petition
You must formally notify your spouse of your intent to divorce. You can choose to hire a process server or request that the sheriff serve your spouse with the divorce papers. Your spouse can also choose to agree to accept and avoid the formal service process. You will likely be required to prove to the court that your spouse was served or that you attempted to serve them the papers.
In most cases, your spouse has a set period of time to respond. If your partner does not file an answer within the timeframe, you may be able to request a default divorce. The court will usually move forward with the divorce process, award you what you requested, and dissolve your marriage.
More often than not, your spouse will respond within the allotted time. They may choose to fully accept your petition as it was written, or they can disagree with your assertions. They are also about to counter-petition for the court to consider.
Legal Preparation
When your divorce case starts, you will be required to exchange financial information with your spouse that will serve as the basis of any requests for financial relief. Your attorney may subpoena documentation, hold depositions, or send questions to your spouse’s counsel.
Do All Divorces End Up in Litigation?
Litigation refers to the legal court procedures a divorce may have to go through. Not all divorces will end up in a courtroom. In fact, couples have a surprising number of options when working through the divorce process.
The two most common legal routes a divorce case follows are either mediation or a court trial.
Mediation
Divorce mediation is a process where divorcing couples rely on a neutral third-party mediator to assist in discussing and resolving divorce-related matters related to their divorce. A trained mediator will have experience with the legal process and tools available to them to help couples use effective communication to work through outstanding issues like the division of marital assets, child custody, child support, and spousal maintenance.
Couples who work together with a mediator can often leave their marriage feeling like their needs were addressed. Mediation can result in an uncontested divorce, which is frequently faster and less expensive than a traditional divorce court trial. Couples who successfully use mediation usually experience less animosity and can look forward to a healthier future, especially when children are involved.
January Family Law, LLC offers mediation services for families that want to work together to end their marriage amicably.
Trial
When divorcing couples face a contested divorce and are unable to use means like mediation to settle their disagreements, they often find themselves in divorce court. Divorce cases aren’t the spectacle they are portrayed as on popular television shows. The reality is that a judge will examine the evidence put forth by both partners and their attorneys. They will hear both sides and find out where both parties agree and where they can not reach an agreement. Then, they make final decisions on the unresolved matters.
Having a judge make the final decisions regarding the dissolution of your marriage can feel unfair. One spouse may walk away feeling like they were ignored and their best interests were denied, while the other spouse walks away satisfied. In reality, both people tend to walk away feeling angry and ignored.
If your spouse refuses to work with you on complex situations like the division of marital property, parental responsibilities, or other child custody issues, please don’t hesitate to call 872-331-4144 to speak with one of the best divorce lawyers in Chicago. Our family law attorneys have a deep understanding of divorce proceedings, and we are here to make sure you are heard!
How Long is a Divorce From Start to Finish?
Divorce in Illinois can vary widely. An uncontested divorce can take as little as two months, while a contested divorce can take years.
Difficult divorces, such as those with complex assets or child custody disputes, can extend the amount of time it takes to resolve a divorce. Generally speaking, a divorce will be finalized faster when the divorcing spouses are willing to work together, and it may take longer if they are finding it harder to come to a mutual agreement.
Are You Being Subjected to Domestic Violence?
If your divorce is ending because of domestic violence, you may find yourself in a precarious situation. The mere act of researching divorce can be dangerous for people who are in an abusive relationship. You may be wondering how to get out of your abusive relationship without any threat to you, your kids, and your property. There are steps the court may take when they are made aware of an abusive situation. If you have a protection order against your spouse, they may put restrictions in place to prevent your partner from selling marital property before the divorce is finalized. They may require your spouse to report capital gains from the sale of property you shared and prevent them from limiting your access to your shared finances and shared properties.
Then, the judge will examine any history of domestic abuse when determining the best way to divide marital assets, allowing you to move on with your life after the divorce without having to worry about your abuser getting in the way of equitable distribution.
If you have children with your abuser, the courts will again consider any violent history your spouse has when making decisions regarding parenting time and child custody. If the court feels like the abuse has extended to your children and they are at risk, they may order supervised parenting time. The courts rarely deny parenting time to a parent. If your ex is denied time with your child, they will still likely be required to support that child financially.
Domestic abuse is a criminal offense, and there are resources available to you. Call 872-331-4144 to reach the Illinois Department of Human Services domestic violence helpline.
How is Spousal Support Determined?
Spousal support, also known as spousal maintenance and alimony, is a court-ordered payment from one spouse to another to help that person maintain a similar standard of living that they experienced while married. Illinois simply refers to this type of support as “maintenance.”
A judge considers many factors when determining whether or not one party should pay the other any form of maintenance. When there is an earning disparity between two married people, the person who earns more may be ordered to make monthly payments to the lower earner. This payment is intended to help ensure a standard of living that the lower earner is used to.
The Illinois divorce court uses a basic formula when determining how much the payor will pay the payee.
- Calculate 33.33% of the payor’s net annual income
- Subtract 25% of the payee’s net annual income
This result is the amount due for maintenance. The payee cannot receive more than 40% of the combined net income of both parties in maintenance.
Illinois divorce court also uses a basic formula when deciding the duration of maintenance, which is based on the length of the marriage. Support will last a percentage of the length of the marriage and scales up with longer marriages.
- 20% if married less than five years
- 24% if married five years
- 28% if married six years
- The formula increases by 4% per year of marriage up to 20 years
Marriages of an exceptionally long duration or longer than 20 years may require permanent maintenance.
Maintenance is decided during the divorce process. It can be incredibly difficult to have the court order maintenance after your divorce is finalized if it wasn’t awarded during the divorce proceedings.
If you have been ordered to pay your ex-spouse’s maintenance, you may be wondering if there are any circumstances that could result in the maintenance payments being canceled. If your ex remarries, you may be able to petition a modification to maintenance. The same is true if you face substantial change, such as a new disability that prevents you from working.
When Should You Hire a Chicago Divorce Lawyer?
The best time is as soon as the writing is on the wall. The next best time is now!
While it is not necessary to hire a divorce attorney when going through a legal separation or divorce, you will feel more secure knowing that you have a law firm whose primary practice areas revolve around family law issues.
January Family Law, LLC will stand by your side during the entire process and work to prevent you from being taken advantage of. From property division to parental responsibilities, we will make sure you get what you deserve, whether we have to negotiate agreements or bring your soon-to-be ex to court.
Call 872-331-4144 or visit our downtown Chicago office to take advantage of our obligation-free consultation with a team well-versed in matrimonial and family law.