Kane County Divorce Attorneys
Illinois Divorce Attorneys
There are three distinct processes for obtaining a divorce (technically “dissolution of marriage”) in Illinois.
Regardless of the process, the filing party must establish that one spouse has been an Illinois resident for at least 90 days prior to the filing of the petition, or that one spouse is a member of the U.S. military and has been stationed in Illinois for at least 90 days prior to filing.
Likewise, anyone petitioning for dissolution of marriage must demonstrate that there are irreconcilable differences which have led to an irretrievable breakdown of the marriage. There is no divorce for cause in Illinois. If the couple has lived apart for more than six months prior to filing, irreconcilable differences are presumed.
Joint Simplified Dissolution of Marriage
The Joint Simplified Dissolution process is the quickest and easiest way to get a divorce in Illinois, but only a small fraction of divorcing couples are able to take advantage of this process. The simplified process is available only to couples who:
- Share no natural or adopted children
- Are each willing to waive any right to maintenance or support from the other party
- Have joint annual income of less than $60,000
- Each have individual annual income of no more than $30,000
- Have marital property worth less than $50,000
- Have no more than $10,000 in all retirement accounts combined
- Have executed a written agreement allocating all property valued at more than $100
The uncontested divorce process is a streamlined way to dissolve your marriage in Illinois if you do not qualify for Joint Simplified Dissolution. While the process is quicker, easier and less expensive than a contested divorce, but provides systems for addressing more complex issues such as child custody, child support, division of more significant assets and spousal maintenance.
In an uncontested divorce case, the parties must have agreed on all issues before appearing in court. If there is even one issue in dispute, you cannot use the uncontested divorce procedures.
Don’t worry, though—you needn’t resolve every issue before meeting with a divorce lawyer. In fact, few couples are even aware of all of the details to be resolved before submitting a settlement agreement to the court. We will help ensure that you understand all of the issues involved, advise you as to the terms of the agreement, and negotiate with your spouse’s attorney on your behalf if there are areas of conflict.
Core issues to be resolved include division of debt and assets, allocation of parental responsibilities (commonly referred to as “custody” and “visitation”), child support and spousal maintenance (commonly termed “alimony”).
If you believe that you and your spouse can reach an agreement but aren’t familiar with the procedures and requirements, call us today. If you qualify for uncontested divorce, we can help you take advantage of a process that saves you and your spouse time, money and stress. As an added benefit, resolving these issues together often makes it easier for the parties to work together for the good of their children after the divorce.
While uncontested divorce is a quicker, cheaper and generally more pleasant process, there are times when a contested hearing is required in order to ensure that your rights are protected and you receive your fair share of property, the support you need to transition into this new phase of life, or even access to your children.
When you have to argue your case before the court, it pays to have an experienced divorce lawyer on your side. The procedures for building your case and presenting your evidence can be complex, and simple missteps can have serious consequences.
Schedule an appointment today to talk with a divorce attorney and learn how we can help you protect your family, your property and your peace of mind.
Get the Help You Need with Your Divorce Case
Whether you’re working toward an uncontested divorce but uncertain about the procedures and paperwork required or you know that you’re facing a contested battle over custody, property division, marital debts or maintenance, educating yourself is the first step toward making the right decisions for your future.
The best time to get advice and representation is now, before another day passes. Whether you’re living together or separately, contemplating divorce or have already been served with divorce papers, get the information you need before you take the next step—or your spouse does.
What is divorce and what are the common causes?
Divorce is the termination or the end of a marriage. When couples divorce, they are legally ending their duties and responsibilities of their marriage. In Illinois marriage is governed by the Illinois Marriage and Dissolution of Marriage Act, you can learn more here.
Some common causes / reasons that can lead to couples divorcing are:
- Marrying for the wrong reasons – we have all heard about people marrying for money
- Couples may forget that the family started with them. When children are added into the mix, sometimes the parents start to neglect their relationship
- Being on different pages in terms of goals and what you each want out of life. Some people want a family, whereas other may be career focused, etc.
- Intimacy between the two people lessens, or is slowly gone
- Money / Finances – this is often sited as a major cause of divorce
- “Ships in the night” – in today’s society people work more and more and see one another less and less.
- Infidelity / Sex Issues
- Emotional / Physical Abuse
- Parenting Differences of Opinion
- Addiction – alcohol and drugs, etc.
You can learn more about the leading causes of divorce here.
What are some divorce symptoms? You can learn more here. Divorce can cause major stress and can affect your physical and mental health.
Some of these can include:
- Trouble Sleeping
- Weak Immune System – causing you to be sick more often
- Anxiety / Depression
- Weight Fluctuations
The experienced and knowledgeable attorneys at the Doyen Law Group, LLC are here to help guide and assist you during this difficult time.
Contested & Uncontested Divorce Lawyers Kane County
Each situation is different, and each case can involve a different approach and complexities. For example if you and your spouse can agree on the terms of your divorce, then a simple uncontested divorce may be the best option for you. We have the experience to help you whether your divorce situation is contested, uncontested, simple or complex.
Divorce usually involves more than just the dissolution of a marriage. As family law attorneys, we can help you with these issues:
- Allocation of Parental Responsibility
- Annulments / Invalidity of Marriage
- Asset Discovery
- Child Custody
- Child Support
- Child Support Modifications
- Child Visitation
- Contested Divorce
- Contesting Prenuptial Agreements
- Custody Evaluations
- Custody for Non-Married Parents
- Divorce and Business Valuations
- DNA Paternity Testing
- Domestic Partnership Agreements
- Domestic Violence
- Enforcement of Orders – Support, Maintenance, and Visitation Orders
- Fathers’ Rights
- Forensic Accounting / Business Evaluators
- Grandparents’ Rights
- Legal Separation
- Maintenance Modifications / Termination
- Mothers’ Rights
- Name Change(s)
- Orders Of Protection
- Parental Relocation or Removal
- Paternity / Parentage
- Pre and Post Nuptial Agreements
- Pre-divorce Planning
- Property Division
- Relocation with a Child / Children
- Spousal Maintenance
- Support & College Education
- Support & Day Care
- Uncontested Divorce
CONTACT OUR FIRM FOR A FREE CASE EVALUATION
We have over thirty years of combined experience in handling divorce and family law cases. For legal representation, and a free consultation – please contact the legal team at the Doyen Law Group, LLC.