Divorce FAQs

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Frequently Asked Questions

FAQ’s About Divorce in Illinois

Divorce in Illinois can be complicated and confusing, and it is important to seek advice from an Illinois divorce attorney in order to get the information you need. Our firm regularly receives a variety of divorce-related questions from our clients, and we know how important it is to get the answers you are seeking. Most legal matters pertaining to divorce are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The following are some of the frequently asked questions (FAQs) we receive about divorce, along with our answers.

What Are the Requirements for Filing for Divorce in Illinois?

To file for divorce in Illinois, you will need to meet certain residency requirements. Under the IMDMA, one of the spouses must have been a resident of Illinois for at least 90 days prior to the filing of the petition for dissolution of marriage.

What is a No-Fault Divorce?

Illinois only has no-fault divorces, which means you will not need to prove grounds for divorce. Under Illinois law, a no-fault divorce means that “irreconcilable differences have caused the irretrievable breakdown of the marriage,” and then the court finds that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.” When spouses have lived separately and apart for six months or longer, there is an irrebuttable presumption that the irreconcilable differences requirement has been proven.

What is an Uncontested Versus Contested Divorce?

Uncontested divorce is a divorce where the spouses are able to agree on every issue in the divorce case, and there is no need for a judge to hear from both parties in order to make a decision about matters like property division, spousal maintenance, or child custody. Uncontested divorces are faster and cost less money. A contested divorce is any divorce where the spouses cannot reach an agreement about even a single issue. In these cases, a hearing must be scheduled, and the judge must hear from both parties. Contested divorces can involve a single issue that remains in dispute or many issues in dispute.

How Will My Property Get Divided?

Illinois law requires courts to classify property as separate (or non-marital) and marital property, including assets and debts. Only marital property will be divided in a divorce, and it will be divided based on the theory of equitable distribution. In deciding what an equitable distribution of property looks like, the judge will consider a wide range of statutory factors outlined in the IMDMA.

When is Spousal Support Ordered?

Spousal support or spousal maintenance, also known as alimony, can be ordered in certain cases. The spouse who wants support must first request it. Then the court will look at a variety of factors to determine whether spousal maintenance is appropriate based on the facts of the marriage and the individual circumstances of the spouses. This determination is made on a case-by-case basis. Then, if spousal maintenance is appropriate, the court will usually use a formula to calculate the amount and duration of support.

Is Child Custody Part of a Divorce Case?

Child custody will be decided in a divorce where the spouses share minor children from the marriage.

Contact an Illinois Divorce Attorney

Do you have questions about divorce? One of our Illinois divorce lawyers can speak with you today. Contact Reifman Law Offices to learn more.

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