The first step in any successful divorce proceeding is finding an experienced team of Chicago divorce attorneys to help with your case. Filing for divorce in Illinois can be complicated, especially when you are anticipating a case involving complex property division or when there are minor children from your marriage.
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs a majority of legal matters pertaining to divorce in Chicago, including the process of filing for divorce.
While Illinois used to be a state in which a spouse filing for divorce would need to have fault-based grounds for divorce, the laws have changed. Now, Illinois is known as a “no-fault” state when it comes to filing for divorce. As such, anyone in Chicago who wants to get divorced can file a petition stating that the couple has irreconcilable differences and that the marriage can not survive. If the court determines that efforts to reconcile would be futile or harmful to the family, then it will grant a divorce.
In family situations in which the spouses have been living separate and apart for a continuous period of at least six months, the court presumes that there are “irreconcilable differences” and that the divorce should be granted.
Property division is one of the more complicated aspects of any divorce case in Chicago, whether or not yours is a high asset divorce. Under Illinois law, all marital property, which includes both assets and debts, gets divided equitably between the parties. Since Illinois is an “equitable distribution” state, the court looks at many different factors to determine what kind of division of property would be fairest to both of the parties.
In addition to property division, our Chicago divorce attorneys can also help with other financial issues like spousal support or modification of a spousal support order.
When there are minor children from the marriage, a divorce will also involve the allocation of parental responsibilities. This is a newer term under Illinois law that replaces “child custody” and “visitation.” Courts allocate parental responsibilities based on what is in the best interests of the children.
In terms of child support, Illinois is now what is known as an “income shares” state, which means that the court considers both parents’ incomes in making a decision about each of their contributions to the child’s support.
When you are considering divorce, it is extremely important to have a dedicated and experienced Chicago divorce attorney on your side. While some divorce issues may seem relatively straightforward, divorce cases can get complicated quickly. The Chicago divorce attorneys at our firm can help with contested and uncontested divorces, and we can assist with a wide range of legal matters arising out of a divorce case in the area. Contact Arami Law to learn more about the divorce services we provide to clients throughout Chicagoland.
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