Divorce • Parenting • Support • Property
Illinois family-law cases often involve several issues at the same time: ending the marriage, dividing property and debts, determining support, and—when children are involved—allocating parenting time and decision-making responsibilities.
What Are the Basic Illinois Divorce Requirements?
Illinois law imposes residency requirements before a court may enter a divorce. Whether the requirement is satisfied depends on the parties’ circumstances and the current statute. Illinois uses irreconcilable differences rather than traditional fault grounds.
If spouses have lived separate and apart for at least six continuous months immediately before entry of judgment, Illinois law creates an irrebuttable presumption that the irreconcilable-differences requirement has been met.
How Does Illinois Divide Property and Debt?
Illinois distinguishes marital property from non-marital property. Property and debts acquired during the marriage are generally presumed marital unless a statutory exception applies, such as certain gifts, inheritances or qualifying premarital property.
The court divides marital property in just proportions after considering the statutory factors. That does not necessarily mean 50/50.
Attorney Wendi can review deeds, account history, premarital assets, inheritances and other records before you agree to a property division.
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How Is Parenting Time Decided?
Illinois courts allocate parenting time according to the child’s best interests. The statute considers factors such as the child’s needs, past caretaking, adjustment to home and school, the parents’ schedules and distance between residences, and other relevant circumstances.
Read more: How Are Parenting Time and Decision-Making Decided in Illinois? →
The law generally presumes both parents are fit unless the evidence supports restrictions under the statutory standards.
How Is Child Support Determined?
Illinois uses statutory child-support guidelines that consider the parents’ incomes and parenting arrangement, along with health insurance, child-care costs and other expenses or circumstances addressed by the statute.
The correct calculation depends on the actual income information and parenting schedule.
Is Maintenance Automatic?
No. The court first determines whether maintenance is appropriate after considering factors such as income, property, needs, earning capacity, impairment of earning capacity, duration of the marriage and other statutory considerations.
If maintenance is appropriate, guideline rules may apply in qualifying cases; other cases may require a non-guideline analysis.
Where Does Mediation Fit?
Mediation can help parties resolve parenting, financial or other disputes without requiring the judge to decide every issue. It can reduce conflict and narrow disagreements, but a mediator does not replace independent legal advice for either party.
Family Law & Divorce in Belvidere and Northern Illinois
The Law Offices of Wendi J. Wade assists clients with divorce, family law, parenting disputes, support, property issues and mediation from its Belvidere office.
Learn more about the firm’s Family Law, Divorce & Separation, and Mediation services.