Divorce FAQs

Chicago Divorce FAQs

Our Divorce Lawyers in Chicago Have Answers

For more than 10 years, Arami Law has provided quality legal services in a supportive manner for residents of the greater Chicago area. We understand the stress our clients face when trying to decide the best course of action for themselves and their children. That’s why we’re committed to providing personalized service that addresses the issues that are most important to you. We deliver more than quality legal representation; we treat our clients with sensitivity, respect and compassion for their struggle. What follows is a list of frequently asked questions for Chicagoans considering divorce.

How do I file for divorce?

As long as you or your spouse has been an Illinois resident for six months, you can file at the court of the county where one of you lives. You can get the forms from the county clerk. It is important to understand that while filing for divorce is easy, it starts a process that can be very complex to manage. Preplanning can save you and your spouse a great deal of stress and expense. It’s always best to consult an experienced divorce attorney before taking any action.

Do we need lawyers if we agree on everything in the divorce?

Even if you agree on absolutely everything, you may not have considered all the details. An experienced marital attorney can help you fill in the gaps of your understanding about what you need to resolve. Also, you need a clear, concise agreement to present to the court for approval. A court can reject your terms if they do not thoroughly address all the ancillary issues of your divorce or are too one-sided. If you are able to cooperate to a great degree, you might consider a collaborative divorce in which you work with a single attorney to finalize a settlement.

Does Illinois have no-fault divorce?

Yes. A petitioner can file citing irreconcilable differences in our state.

Should we consider mediation?

Mediation is an excellent way to arrive at a cost-effective agreement on issues such as child custody, child support, alimony and property division. The more matters you can resolve through mediation, the fewer you have to try in court.

Should a petitioner allege grounds for divorce in Illinois?

Grounds rarely affect ancillary issues in divorce proceedings. In fact, Illinois law prohibits the court from considering marital misconduct for issues such as child support and spousal maintenance. Infidelity does not affect child custody unless the conduct went beyond adultery to exposing the children to a blatantly immoral lifestyle. Under certain circumstances, cruelty, if proven, may influence the court in a child custody hearing. As for property claims, if your cheating spouse spent significant marital assets on a paramour, you could recoup that by showing dissipation of the marital estate.

Proving grounds requires substantive evidence that the court finds convincing. For example, suspicion of adultery is not enough; you must show a cheating spouse had the interest and the opportunity with firm evidence, such as phone records and hotel receipts.

Contact our Chicago Family Law Firm

Arami Law works diligently to achieve the best possible results in divorce cases. To schedule a consultation, call us today at 312-212-1399 or contact our Chicago office online.

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