Facing a divorce can be overwhelming. The divorce process allows you to legally end your marriage in Illinois. However, couples must also address other issues related to a divorce, including child custody, property division, and domestic support. It can help to have an experienced Chicago divorce lawyer on your side throughout the process.
At KHK Family Law & Divorce Attorneys, our family law attorneys have over 70 years of combined experience. They handle all types of divorce actions, including contested, military, LGBT, uncontested, same-sex, gray, corroborative, and high-asset divorce cases. Our legal team focuses on obtaining a divorce settlement that will protect your best interests now and in the future.
Call our law firm to schedule a free consultation to discuss your situation with an attorney at 312-702-0068. Your consultation is confidential.
How Our Chicago Family Law Attorneys Help You With the Divorce Process in Illinois
If you are considering a divorce, it helps to understand your legal rights. Whether you and your spouse agree on divorce terms or face a contentious divorce action, you deserve to have an attorney who will fight to protect your rights.
At KHK Family Law & Divorce Attorneys, our attorneys are seasoned trial lawyers. We fiercely represent our clients in all court proceedings. Our lawyers are also skilled negotiators who work to resolve issues through mediation and negotiation. The goal is to achieve the outcome you desire in the most efficient and cost-effective manner possible.
When you hire our top-rated Chicago divorce lawyers, you can trust we will:
- Explain the Illinois divorce process and how divorce laws impact your situation
- Discuss priorities and assist you in developing the terms you need in a divorce settlement
- Develop a strategy for your divorce that gives you the best chance at a positive outcome
- Thoroughly investigate allegations of hidden assets, parental alienation, domestic violence, and other claims
- Explore options for an uncontested divorce through mediation and collaboration
- Protect your parental rights and the best interests of your children
- Handle all communications with your spouse and their attorney
- Prepare all paperwork and documents required in your case
- Take your case to trial if that is in your best interest
The Illinois divorce process can be complicated. Therefore, experience matters when you choose an attorney to represent you in your divorce. We are one of the most experienced firms in Chicago. Our attorneys have received top ratings and recognition from numerous national and local legal organizations.
Contact Chicago to schedule a free case evaluation with a Chicago family law attorney.
Overview of the Divorce Process in Illinois
Dissolution of marriage is the legal process in Illinois for divorce. Every couple must go through the divorce process to end their marriage. The requirements for a divorce are the same regardless of your situation. However, the steps in the divorce process may vary depending on the unique factors and circumstances of your situation.
Things to know about the Illinois divorce process include:
What Are the Grounds for Divorce in Illinois?
Many states require a spouse to prove fault grounds to obtain a divorce. Fault grounds include adultery, abandonment, habitual drunkenness, and physical cruelty. Illinois abandoned fault grounds for divorces in 2015.
Today, Illinois is a no-fault state for divorces. Under the Illinois Marriage and Dissolution of Marriage Act, the only thing a spouse needs to allege to obtain a divorce are:
- Irreconcilable differences have led to the breakdown of the marriage,
- The marriage is irretrievably broken, and,
- Attempts to reconcile have been unsuccessful, and additional attempts would not be in the best interest of the spouses or their children.
Even if your spouse does not want a divorce, you can obtain a divorce on no-fault grounds. Your spouse can contest the issues related to the divorce. Therefore, you may find yourself in a battle over child custody, property division, or alimony.
What Is the Process for Filing for Divorce in Chicago, IL?
Illinois has residency requirements for divorce actions. One or both spouses must be a resident for at least 90 days to obtain a divorce in Illinois. You can proceed with a divorce case if you meet the residency requirements.
Filing Divorce Papers
The petitioning spouse (i.e., petitioner) files divorce papers in the county where they or their spouse resides. They must provide proof of residency, such as a copy of their Illinois driver’s license, voter registration, or other documentation verifying their address and length of residency in Illinois.
The divorce papers must be served on the respondent (i.e., the non-filing spouse). Service is usually by personal service by a sheriff’s process server. However, alternative forms of service may be used if a spouse cannot be located, including substitute service and service by publication.
The respondent has 30 days to file an appearance and answer. Filing a timely response to divorce papers allows you to participate in the divorce process. If you do not file a timely response, it could lead to a default judgment.
Temporary Orders
The divorce process depends on whether your spouse responds to the divorce papers and the issues involved in your divorce. The court may grant one or more temporary orders related to child custody and support. The temporary orders remain in effect until the court modifies the order or issues a final divorce decree.
Discovery
The case moves into the discovery phase. Discovery is the process of exchanging information and documentation with the other party, including complete financial disclosures. Discovery allows the parties to obtain evidence and information necessary to formulate a legal strategy.
Negotiations and Settlement
Most couples reach an amicable settlement through negotiation and mediation after completing the discovery process. They may also agree to a collaborative divorce process. In this process, each spouse chooses an attorney trained in collaborative law and commits to resolving the divorce outside court. If a divorce settlement cannot be reached, the parties must hire new attorneys to proceed with a formal divorce.
Collaborative divorce and mediation can reduce conflict and give spouses greater control over the outcome of their divorce. The process is confidential, limiting what is included in the public record. Mediation can also reduce the costs of a divorce and speed up the divorce process.
Trial
If you and your spouse disagree on any issue related to your divorce, the divorce case is contested. The court places the case on the trial docket. At trial, each spouse presents evidence and arguments supporting their position. A judge decides disputed issues based on the law and the evidence presented in court.
Post Judgment Modifications
Parties may need to address changes in circumstances that may require judgment modifications. For example, a parent may need to petition the court to change custody terms because they must relocate for a new job, or a spouse may petition the court for a change in alimony terms because they lost their job or became disabled.
The party petitioning the court has the burden of proving the change in circumstances is substantial and justifies modifying the existing court order. The court does not modify orders without sufficient evidence proving the change is necessary for the best interest of the parties and their children.
How Is Child Custody and Child Support Decided in an Illinois Divorce Case?
All child custody matters are decided based on the child’s best interest. Parents are encouraged to negotiate a parenting agreement and time-sharing schedule that allows parents to be active participants in raising their children. However, when parents cannot agree on custody terms, the court considers relevant factors to determine what is in the best interests of the child.
Illinois uses standard child support guidelines to determine a parent’s child support obligations after separation and divorce. Parents are required to support their children financially even though they are no longer together. Generally, the non-custodial parent pays support to the custodial parent, who is the parent with whom the child lives most of the time.
Can I Receive Alimony in an Illinois Divorce?
Alimony is not guaranteed, but judges can grant alimony if they find a financial need for support. Judges base spousal support on several factors, including:
- The length of the marriage
- The employability and education of a spouse
- The age and health of each spouse
- A spouse’s earning capacity and ability to become self-supporting
- A spouse’s marital and separate property and other resources
A prenuptial or post-nuptial agreement may determine alimony payments. The duration and amount of spousal support are based on the unique circumstances involved in the case.
How Is Property Divided During the Illinois Divorce Process?
Illinois is an equitable distribution state for property division in a divorce. Courts determine what is fair and equitable for dividing marital assets. “Fair” may or may not be a 50/50 split. Therefore, spouses may not always obtain an equal portion of marital property.
Disputes related to property division often center around the value of assets and whether property is marital or separate. Only marital property is subject to property division in a divorce.
Schedule a Free Consultation With an Experienced Chicago Divorce Attorney
We are here to advocate for you and your children during your divorce. Our legal team focuses on what is in your best interest as we help you navigate the Illinois divorce process. You can trust we will pursue all legal remedies to obtain the best possible outcome for a divorce settlement. Call us today to schedule your free case review with an attorney.
Visit Our Divorce & Family Law Office in Chicago, IL
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068