Divorce & Legal Separation in Chicago

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 because domestic violence is an issue. The attorneys at Weiss-Kunz & Oliver can help you determine if legal separation is right for your marriage.

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 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: