Family & Divorce Lawyers

Married couples never anticipate needing to hire a divorce lawyer, but there are many situations that arise within a marriage that ultimately create a need for the parties involved to separate. The unfortunate truth about any divorce in Illinois is that there will usually be a large number of issues that need to be resolved.  It can be particularly complicated for the average person to try and handle all of these issues on their own.

You will not want to hesitate in seeking legal assistance with your divorce in Illinois. Make sure you contact an experienced Mount Prospect divorce lawyer to discuss your family law case and learn more about what your options are.

Grounds for Divorce in Illinois

While Illinois once allowed people to claim many of the traditional grounds for divorce, such as adultery or cruelty, 750 Illinois Compiled Statute (ILCS) § 5/401 now establishes that irreconcilable differences caused the irretrievable breakdown of a marriage and the court determined that efforts at reconciliation failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.

When a person and their spouse have lived apart for at least six consecutive months immediately before a divorce judgment, 750 Illinois Compiled Statute (ILCS) § 5/401(a-5) establishes that there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.

While state law dictates that spouses must live “separate and apart” for six months, the phrase separate and apart does not have to mean different residences. It may be possible for spouses to be living separately and apart while both parties are living under the same roof, provided that there have been no marital relations for six months.

Fault can still play a role in certain decisions a court may render, especially relating to child custody and property division. Abusive or neglectful parents may see their custody rights diminished, and one spouse dissipating assets of a married couple could mean that spouse ends up with less of the divided property.

Joint Simplified Petition for Dissolution of Marriage

The Joint Simplified Petition for Dissolution of Marriage is not available to all people, as there are certain limitations on the length of a marriage, the amount of property owned, and the income of the parties. Under 750 ILCS § 5/452, parties to a dissolution proceeding can file a joint petition for simplified dissolution if they certify that all of the following conditions exist when the proceeding is commenced:

• Neither party is dependent on the other party for support or each party is willing to waive the right to support, and the parties understand that consultation with attorneys may help them determine eligibility for spousal support
• Either party has met the residency or military presence requirement of Section 401 of this Act
• The requirements of Section 401 regarding proof of irreconcilable differences have been met
• No children were born of the relationship of the parties or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant by the husband
• The duration of the marriage does not exceed eight years
• Neither party has any interest in real property or retirement benefits unless the retirement benefits are exclusively held in individual retirement accounts and the combined value of the accounts is less than $10,000
• The parties waive any rights to maintenance
• The total fair market value of all marital property, after deducting all encumbrances, is less than $50,000, the combined gross annualized income from all sources is less than $60,000, and neither party has a gross annualized income from all sources in excess of $30,000
• The parties have disclosed to each other all assets and liabilities and their tax returns for all years of the marriage
• The parties have executed a written agreement dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties
• The parties have executed a written agreement allocating ownership of and responsibility for any companion animals owned by the parties. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act

Contact Our Mount Prospect Divorce Attorney

Are you thinking that you are going to be going through a divorce in the near future? You will want to speak to Villadonga & Villadonga about having legal representation for your case.

Our firm understands how stressful and overwhelming the divorce process can be and we with our clients to guide them through this difficult process and ensure we are there to answer any questions. You may call 847-298-5740 or contact our Mount Prospect divorce attorney online to receive a free consultation.