Divorce and Legal Separation

Divorce Lawyers Serving Skokie, Evanston and Chicago

divorce and separation attorney in Lincolnwood IL

Experienced Legal Separation Attorneys Serving the Elmhurst, Glen Ellyn, and Chicago Areas

Even the most amicable divorce may bring hidden emotional and financial difficulties. Those difficulties will multiply exponentially if your divorce is contentious from start to finish. Whether you are the spouse who filed for the divorce or the spouse who was unexpectedly served with divorce papers, it is crucial that you have an experienced divorce attorney by your side. An attorney from Weiss-Kunz & Oliver, LLC will consistently fight for your rights and your future, making a significant difference in the eventual outcome of your divorce.

The Basics of Your Illinois Divorce

Grounds for Your Divorce: The state of Illinois recognizes only no-fault divorces. A no-fault divorce is based the idea that “irreconcilable differences” have caused the marriage to break down beyond repair. The law once required spouses seeking a no-fault divorce to live separate and apart for up to two years, but a separation period is no longer required. If both spouses agree that divorce is the best solution, the proceedings may begin immediately upon filing. Previously recognized fault grounds for divorce such as adultery, abandonment, or bigamy can certainly affect a marriage, but a divorce will only be granted on the basis of irreconcilable differences.

Residency Requirements: To file for divorce in Illinois, either you or your spouse must have been a resident of the state for at least 90 days.

Division of Assets: The state of Illinois is an equitable distribution state; unlike a community property state where assets are divided right down the middle, an equitable distribution state divides the assets “fairly”—but not necessarily equally.

One party will complete the Petition of Dissolution. Either you or your spouse will file for divorce, beginning the divorce process. If there is total agreement on all aspects of your divorce, then you have an uncontested divorce. If there are areas of disagreement—or no agreement whatsoever—you have a contested divorce, but that does not mandate that your divorce will be litigious. In some cases, contested divorces can be resolved quickly with out of the box thinking, ADR techniques, or other skilled negotiations of legal counsel.

The discovery phase will begin, and your attorney will begin negotiating on your behalf. Both sides will be required to provide financial information. Hearings may be set, and this “back-and-forth” process can take a significant amount of time when no agreements are forthcoming. If agreements are not possible, Case Management Conferences and Pretrial Conferences will occur, followed by other pre-trial proceedings. During a divorce pre-trial, both attorneys will present their clients’ side of the issue. If the case continues on to trial, the lawyers may call witnesses and ultimately the judge will make any final determinations.

The experienced attorneys at Weiss-Kunz & Oliver, LLC can help you through your Illinois divorce, no matter what stage you may be at. We are able to assist you with the following matters:

Is Legal Separation for You?

If you are not ready for your marriage to be legally over, but want to live apart from your spouse while deciding your future, a legal separation might be the right move for you. A legal separation allows the court to determine child custody, spousal maintenance, visitation, and child support issues. To obtain a legal separation in Illinois, you must have lived in the state for more than 90 days. In order for custody decisions to be made, your children must have lived in Illinois for at least six months. In most cases, couples who choose legal separation are trying to save their marriage, reject divorce on religious grounds, feel it will be easier on the children, or domestic violence is an issue. The attorneys at Weiss-Kunz & Oliver, LLC can help you determine if legal separation is right for your marriage.

How We Can Help

Before founding Weiss-Kunz & Oliver, LLC, Maxine Weiss Kunz was a part of one of the top family law firms in Chicago for many years and has successfully litigated against notable firms such as Schiller DuCanto & Fleck and Berger Schatz. For small firm personalization coupled with large firm experience, Weiss-Kunz & Oliver, LLC can help you navigate your impending divorce from start to finish. To schedule an initial consultation, contact Weiss-Kunz & Oliver, LLC.

Important Family Law Changes

As of July 1, 2017, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has changed. Read more about how child support calculations were affected.

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Weiss-Kunz & Oliver, LLC

180 N. LaSalle Street, Suite 3700, Chicago, IL 60601
110 E. Schiller Street, Suite 320, Elmhurst, IL 60126
776 Busse Highway, Park Ridge, IL 60068