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Need Divorce Representation in Naperville?

Comprehensive & Compassionate Representation Naperville divorce attorney

Going through a divorce can be one of the most significant events in your life. Not only will divorce unquestionably affect a major relationship in your life, but it also has the potential to impact your financial situation, where you live, and even your ability to parent your children. These and other family law issues that are implicated by ending a marriage are serious, so we highly recommend that anyone going through a divorce should retain experienced legal counsel. A lawyer from Roscich & Martel Law Firm, LLC can help.

Learn more about common-law marriage in Illinois by reading our blog. Contact us online for any questions you have during your divorce matter.

Protecting Your Rights during Divorce

Ending a marriage is a complicated process, particularly if a couple has children or accumulated significant assets while married.

Some of the issues that need to be resolved in many divorces include:

  • Child custody: The allocation of parental responsibilities outlines a parent’s ability to spend time with his/her child and his/her right to make important decisions about the way in which the child is raised. In many divorces, child custody is the most contentious issue that must be resolved.
  • Child support: Child support payments are made from one parent to another parent to help with the costs associated with raising the child. In many cases, the non-custodial parent pays the custodial parent, but there are other arrangements that may also be implemented.
  • Division of assets and debts: Under Illinois law, the marital property owned by a divorcing couple will be divided equitably. Some of the factors that courts consider when determining how the marital property will be split include the duration of the marriage, any agreements that exist between the parties, parenting time arrangements, and opportunities for future income.
  • Alimony: Sometimes referred to as spousal maintenance, alimony involves a payment or ongoing payments made from one party to the other party in order to help with living expenses.

While working through these many issues that arise during a divorce, our lawyer in Naperville will always act in the best interest of you and your children. We understand how important your family’s well-being is and we will work diligently to help you resolve your situation amicably and efficiently.

Grounds for Divorce in Illinois

In many states, procedures are in place that allow married couples to divorce on different grounds. In the past, one side would have to prove that their partner committed adultery, abandonment, or other criminal act against the marriage contract. As many divorces are not caused by heinous acts, it became necessary to create a process of divorce which does not require such a burden of proof. In Illinois, there is a right for couples to have a no-fault divorce. But, there are certain requirements that need to be met in order to file for such a divorce. The process is as follows:

  • Residency requirement - When the time comes to file for a divorce in Illinois, one party must be able to prove they lived in Illinois for a period of at least 90 days.
  • No separation period – Illinois used to require a separation period before filing for divorce. However, this requirement was eliminated in 2016. It’s important to note though that if both spouses don’t agree to the divorce, then a 6-month separation period proves to the court that the marriage is broken beyond repair.
  • Irreconcilable differences - One party can then cite irreconcilable differences as the grounds for divorce. They must state that these disparities do exist and that no reconciliation has fixed or will ever fix these problems.
  • Court examination - At that point, the divorce court will start to examine the division of property and assets, child custody, and any spousal maintenance.

If you have been considering divorce as your only option, please reach out for guidance for your next steps. Divorce can be very tricky if you are not aware of the rules and regulations which guide it fairly in Illinois.

Joint Simplified Dissolution of Marriage in Illinois

In Illinois, divorcing couples have the option of filing a joint simplified dissolution of marriage, which is a more straightforward divorce proceeding and is available if there are no children. Our highly qualified lawyers can help you determine whether it is the right option for you and your spouse. There are several requirements that each spouse must meet in order to qualify for this type of filing:

  • Neither spouse expects or depends on the other for spousal support following the divorce.
  • Each spouse has been a resident of the state of Illinois or stationed in the state by the military for at least 90 days before the petition is filed.
  • Irreconcilable differences caused the divorce petition, and the couple has been separated for six months or more, and further attempts at reconciliation will have a negative effect on their family.
  • No children were born of this marriage and the wife is not pregnant at the time.
  • The marriage did not last for longer than eight years.
  • Both parties waive any right to maintenance.
  • The total fair market value of all marital property is less than $10,000, the combined “gross annualized income from all sources” is less than $35,000, and neither spouse's annual income from all sources is more than $20,000.
  • The spouses have disclosed to each other all assets and all tax returns for the years during the marriage.
  • The parties have disclosed a written agreement between themselves dividing up any assets worth more than $100, and they have set up an agreement to allocate all debts and responsibility between them.

A joint simplified dissolution of marriage is not for every couple. In order to determine what kind of divorce you and your spouse qualify for, contact one of our attorneys for a consultation today.

Can I File for Divorce if I'm Pregnant?

Yes, Illinois law allows for any woman that is pregnant to file for divorce without having to prove fault. The state of Illinois also says that a woman's husband is presumed to be the legal father of any children she births while married. Those children will be entitled to financial and medical aid from the father until the age of 18 or have graduated high school.

What is Considered Legally Separated in Illinois?

Illinois allows for a couple to file for legal separation, however it is rarely used when compared to divorce. When a court approves of a legal separation case, the spouses will agree to live separately from one another, both physically and financially. However, this does not legally terminate the marriage itself, so they are not eligible to get remarried until they are officially divorced.

What is a Motion for Default in a Divorce?

A motion for default is important because it allows you to move your divorce case forward in case your spouse doesn't respond to your original divorce petition. Certain procedures for motions of default are slightly different for Illinois, however the bulk of the process remains the same. There are four main steps to follow to get to a motion for default in a divorce:

  1. You must serve your spouse. This must be done by someone other than yourself; your local sheriff can do this for you, especially if you believe your spouse to be hostile. If your spouse does not respond within 30 days you are allowed to file for default.
  2. Next, you will need to file the certificate of dissolution, motion for default, and noticing of hearing forms. There is a small fee involved and you will have your court hearing date mailed out.
  3. Once you are aware of the court date, a hearing will take place where a judge will either grant or deny the motion.
  4. The final step is the consideration phase. The judge has the right to revoke the initial default divorce if the other spouse petitions within 30 days, explaining why he or she had a valid reason to not accept.

Call (630) 793-6337 to Speak With Our Naperville Team

If you are considering divorce, have already filed, or suspect that your spouse is going to file for divorce soon, you should consult with an attorney right away. At the Roscich & Martel Law Firm, our Naperville lawyers provide effective and compassionate legal advice and representation to clients throughout DuPage County.

Further reading: How to Get an Annulment in Illinois

To schedule a free consultation with one of our attorneys, contact our office today at (630) 793-6337.

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