Arlington Heights Divorce Attorney

Thousands of couples in Cook County decide to end their marriages each year. Divorce is never a simple process. Even when there is broad agreement among the spouses as to division of property, child custody, and other issues, it is still important for both sides to separately retain qualified Arlington Heights divorce attorneys. At the SAM LAW OFFICE LLC, we offer skilled, professional representation to individuals seeking–or even actively contemplating–an Illinois divorce.

What are the Grounds for Seeking a Divorce in Cook County?

Divorce is governed by Illinois state law. Either spouse may sue for divorce on either fault-based or no-fault grounds. A “fault” divorce means one spouse accuses the other of causing the breakdown of the marriage for one or more of the following reasons:

• Adultery;
• Cruelty or violence;
• Infecting the other spouse with a venereal disease;
• Attempting to murder the other spouse;
• Unexplained absence;
• Willful desertion lasting at least 1 year;
• Drug or alcohol abuse lasting at least 2 years;
• Impotency; and
• Conviction of a felony or other “infamous” crime.

In contrast to the fault-based grounds listed above, any Arlington Heights resident can opt to seek a no-fault divorce. Legally speaking, this is when you sue your spouse for divorce on the grounds that “[i]rreconcilable differences have caused the irretrievable breakdown of the marriage.” In this situation, it is unnecessary to prove the other spouse actually did anything wrong. And under Illinois law, if the couple is already separated and has lived apart for at least six months without interruption, that is sufficient to prove the existence of irreconcilable differences.

In most cases, we find that no-fault divorce is the preferred option, even if fault-based grounds may exist. One thing to note is that proving fault does not entitle the other spouse to a greater share of the marital property or alimony, although it may be relevant with respect to child custody issues. But as every case is unique, it is important to consult with an Arlington Heights divorce lawyer before heading into court.

Resolving a Divorce Without Litigation

We have all heard horror stories about bitter, angry couples who spend years fighting it out in the courts over the terms of the divorce. Rest assured, such cases are exceptional. In fact, only a small percentage of Cook County divorce cases ever get to trial. More often than not, the parties are able to resolve most–if not all–of their outstanding issues without the need for formal litigation.

Illinois law actually encourages peaceful resolution of divorces. For example, there is a “joint simplified divorce” process, which allows couples who have been married less than eight years, have no children, and a combined income below a certain threshold to obtain an expedited divorce. In other cases, couples who enter into a settlement agreement resolving all of their issues may seek quick approval of their divorce in what is known as a prove-up hearing.

Once again, we understand that every divorce is different, and there are scenarios in which the issues are too complex–and relations between the parties too frayed–to obtain a quick resolution. Whatever your situation, the Arlington Heights divorce attorneys at the SAM LAW OFFICE LLC are ready to assist. Contact us today to schedule a free, no-obligation consultation.