Homer Glen Divorce Attorney

Homer Glen Divorce Attorney

On January 1, 2016, Illinois officially became a pure no-fault divorce state. This means that divorcing couples in the state no longer have the option of filing for divorce based on one of the previously listed legal grounds, which included mental cruelty, adultery, and bigamy. Instead, couples are only permitted to file for no-fault divorce and, as a result, are no longer required to prove that one of the parties was at fault for the demise of the relationship. Filing for divorce has become simpler as a result of these changes, but still tends to be a stressful and often emotional process. For this reason, divorcing couples are strongly encouraged to speak with an experienced Homer Glen divorce attorney before filing their petition with the court.

Filing Requirements

Before a couple will be granted a divorce in Illinois, they must satisfy certain requirements. For instance, at least one of the spouses must have lived in Illinois for no less than 90 days prior to the issuance of the judgment. Fortunately, because Illinois is now a no-fault divorce state, parties are not required to provide evidence of fault, but must instead assert or agree that:

  • Their marriage is irretrievably broken due to irreconcilable differences; and
  • Attempts at reconciliation have been unsuccessful and are not in the family’s best interests.

Although parties are not required to live physically apart in order to obtain a divorce, courts are willing to presume that the unions of couples who can prove that they are living separate and apart are irretrievably broken. This can go a long way toward reducing the parties’ burden of proof and can lead to a quicker resolution.

Divorce-Related Issues

While some couples are able to come up with out-of-court agreements in which they settle all disputes related to property division, child support, alimony, and parenting time, this is not always possible. In these cases, the issues must be litigated in court and ultimately decided by a judge. In regards to marital assets, Illinois courts are directed to divide all property acquired during the course of a marriage equitably and to leave separate property in the hands of the original owner. After assessing the couple’s property, courts are also in a better position to decide whether one of the parties should pay alimony to the other, and if so, what form those payments will take and for how long they must be made.

Dividing parenting time and responsibility for parental decision making is one of the most difficult aspects of many divorces, so divorcing parents with children are usually encouraged to work together to come up with a parenting plan that suits the needs of all parties. When this is not possible, courts consider a number of factors, all of which are intended to determine what is in the best interests of the child. Although this analysis can result in a joint custody ruling, it is also possible for courts to award sole physical custody to one parent and to divide legal custody, or decision making responsibility, equally between the parties.

Contact Us Today for Help With Your Case

For help with your own divorce, please contact the dedicated Homer Glen divorce attorneys at Forst Law Offices by calling 708-949-6440 or sending us an online message today.

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