Although it's possible to file for divorce on your own and without the help of a divorce attorney, marriage dissolution can be complicated and usually comes with countless forms to fill out and file with the court. For this reason, you will probably prefer to work alongside an experienced divorce lawyer who can answer your questions and accompany you to court as needed.
Below, we talk about some critical components of divorce in Illinois.
A Simple Breakdown of the Divorce Process
1. Understanding Grounds for Divorce in Illinois
Spouses wishing to get a divorce in Illinois must first meet the basic criteria:
- One or both partners have lived anywhere in Illinois for at least 90 days, even if it's not within the county where they were married.
- Both partners have lived "separate and apart" for some time—anywhere from six months to two years, depending on whether both partners stipulate to the marriage being "irretrievably broken" or not. However, "separate and apart" can mean spouses still live under the same roof.
- A spouse wishing to file for a "fault-based" divorce must prove that their spouse is responsible for an act or condition resulting in the separation, such as adultery, abandonment, or attempting to take their spouse's life (among others).
2. Determine Which Type of Divorce Is Best
As of January 2022, Illinois is a "no-fault" state, meaning a divorce can be granted even if spouses are considered "at fault." So, couples filing for divorce can choose either a "contested" or "uncontested" divorce.
Contested divorces are far more common, as a judge will consider a divorce contested if the spouses disagree on even one aspect of their marriage dissolution. Typical areas of contest include:
- How to split parenting time and where minor children will live
- How to divide property
- Which party is responsible for marital debts
- Who keeps companion animals
- Who should pay child and spousal support
If you and your partner can agree on these issues and others as required by your judge, you may file an uncontested divorce, indicating you agree. Uncontested divorces are traditionally cheaper and faster than contested divorces, and they can often be resolved without professional legal counsel.
3. Complete All Required Paperwork
Divorces are notoriously paperwork-heavy, so many families work with a divorce lawyer in Schaumburg to clarify and streamline the process. You and your spouse will fill out and file official pleadings with the court, and you will likely have to prepare financial disclosures and a joint parenting agreement if you have children.
Divorces in Illinois can take months or even years, and you and your spouse can expect to spend some time in the "paperwork" phase as the court ensures your financial and legal affairs are all in order before finalizing your divorce.
Navigating High-Asset Divorces
In Illinois, courts follow equitable division, meaning debts and assets will be divided fairly, not necessarily equally. This depends on many factors, such as:
- The length of the marriage
- Each spouse's overall economic circumstances, marital and non-marital contributions, liabilities, and debts
- Whether either spouse intentionally destroyed or wasted marital assets
- Whether either spouse interrupted their career or education during the marriage or contributed to the other spouse's career or education
- Allowing minor children, or either spouse, to live in the marital home
Our divorce attorneys can help you navigate the division of marital property in a high-asset divorce in Illinois.
Our Illinois Divorce Attorneys Can Help You
When it comes to divorce, we need to look at every aspect of your situation to provide you with the necessary tools and information to get the outcome you desire.
Here's how our Illinois divorce lawyers can help guide you through your divorce:
- Contested Divorce – Most divorces are complicated, especially when it is difficult to reach a middle ground. We have experience with short, easy divorces and very difficult divorces of all types, so we can do our best to help you find a compromise with which you and the other party can be content.
- Uncontested Divorce – Though uncontested divorce is often more straightforward than contested, there still can be some difficulties. We will help guide you through the process to conclude that both parties can agree from custody to spousal maintenance.
- Child Custody – It can get messy when children are part of a divorce. We have plenty of experience in all types of custody battles and are confident we can help you and the other party find a solution you can live with, whether joint or sole custody.
- Spousal Maintenance – Money can be one of the hardest things for two people to find a middle ground on. Yet, Robert M. Kaplan will help you determine a fair and necessary amount in raising your child.
Modifying a Divorce Judgment in Illinois
Modifying a divorce order requires you to file a motion, but remember, there are limits to changing a divorce order. For example, the judge bases decisions on parental responsibilities and the best interests of the children involved. We recommend filing your motion immediately if you want to change your divorce order.
Divorce Costs in Illinois
The cost of divorce in Illinois is generally between $11,000 and $14,000. Divorce costs include filing fees, professional appraisals, and attorney fees, to name a few. Also, more complex cases––such as those involving children, assets, alimony, and property––may cost more than straightforward cases. The best way to determine an estimate of your divorce costs is to schedule a consultation with our team at the Law Offices of Robert M. Kaplan, P.C.
Family Law in Schaumburg, IL
Robert M. Kaplan has years of experience in family law and divorce cases, so you can trust that you are getting the best representation available in Schaumburg, IL. Please contact us today if you want more information on family law and how we can help you in your divorce case.