Inverness Divorce Lawyer

In Illinois, anyone who has been a resident, or whose spouse has been a resident of the state for at least three months can file for divorce. This is not the only law, however, that divorcing couples must abide by, making it especially important for those who have decided to file for divorce in Illinois, to speak with an experienced Inverness divorce lawyer who is well-versed in the state’s divorce laws and procedures. 

No-Fault Divorce

Illinois, like many states, allows divorcing couples to file for no-fault divorce. This has proven to be a much simpler process than a fault-based approach, which required couples to provide proof of one of a few specific grounds for divorce before their marriage could be terminated. The list included, among others — adultery, abandonment, drug or alcohol addiction, physical or mental abuse, or bigamy. These proceedings tend to be more complicated and adversarial, so it is fortunate that Illinois couples can now file for no-fault divorce. 

Unlike their fault-based counterpart, no-fault divorces do not require a showing of fault in order to end a marriage. Instead, the parties need only assert that irreconcilable differences have led to the irretrievable breakdown of their marriage and that reconciliation is not possible. 

Property Division

Illinois is an equitable distribution state, which means that all of a couple’s marital property, or assets that were acquired during the course of a marriage, must be divided equitably upon divorce. It is important to note that equitable does not always mean equal. Instead, courts will divide a couple’s property in a way that it deems fair based on a number of considerations, including:

• Each spouse’s contribution to the marital property;
• The length of the marriage;
• Each spouse’s economic circumstances;
• The value of any separate property brought into the marriage by each spouse; 
• Whether the couple entered into any pre or post-marital agreements; and
• Whether the parties share custody of any minor children. 

Fortunately, many couples are able to save time and money by coming up with a property division agreement in an out-of-court setting. As long as the agreement is fair and equitable to both parties, courts will most likely approve it. 

Spousal Maintenance

In Illinois, whether one spouse will be required to pay the other alimony depends on a number of factors, including:

• The length of the marriage;
• Each party’s income and property;
• The parties’ standard of living during the marriage;
• Each spouse’s earning potential;
• Each party’s present and future earning capacity; and
• The age, health, and occupations of both parties.

Depending on how these factors are applied, a person could be required to pay a fixed amount of maintenance payments over a certain period of time, a one-time lump sum payment, or relinquish a larger portion of their marital estate.  

Call Today for Legal Advice

To speak with an experienced Illinois divorce lawyer about your own divorce-related legal options, please contact the SAM LAW OFFICE LLC today. There is no charge for initial consultations, so please do not hesitate to call or contact us online at your earliest convenience.