Chicago Divorce Lawyer

Chicago Divorce Attorney

Divorce can be complex, even under the simplest circumstances or between amicable spouses. You can streamline the process for you and your family and ensure the right decisions are being made by allowing a Chicago divorce lawyer to guide you through the process. The professional team of Chicago family lawyers at Schaffer Family Law, Ltd., can assist you with all divorce-related matters for which you need counsel or representation.

No matter what the circumstances of your divorce are, our team has the knowledge and skills you need to dissolve your marriage. These complicated processes can bring up questions about child support, allocation of parental rights and responsibilities, asset division, and more. Our team can help you find the answers to these questions so you are empowered to face the complexities ahead.

Basics of Divorce and Family Law in Chicago, IL

In Illinois, the statutory term for divorce is a dissolution of marriage, meaning the marriage has effectively ended. This differs from a marriage annulment, which declares that no valid marriage ever existed. Additionally, couples could legally separate, which means that the spouses are still married but live separately from one another and have separate finances.

Illinois is a no-fault state, meaning that no grounds for divorce beyond the irreconcilable differences between spouses are required or recognized. The law defines these differences as an irretrievable breakdown of the marriage. Spouses can establish the breakdown of marriage by separating for at least six months, either in the same household or by living in different residences.

It’s also possible for spouses to assert that there’s been a breakdown of the relationship, all attempts to mend the marriage failed, and any future attempts to reconcile would not align with the interests of the family.

Most Illinois divorces can be settled by agreement, as opposed to going to trial, whether or not the parties need to negotiate on certain issues. Courts would prefer that spouses reach an agreement on their own, but what often begin as amicable conversations can quickly turn to contentious arguments.

Some spouses have a valid marital agreement, such as a prenuptial or postnuptial agreement, in place. This can greatly help speed up the proceedings, particularly if it’s up to date and addresses most of their current assets. In these documents, spouses have reached predetermined agreements on many of the elements associated with a divorce settlement.

Marital Property and Equitable Distribution in IL

In Illinois, any property that spouses acquire during their marriage, whether jointly or individually and regardless of whose name is on the title, is marital property. Property may encompass real estate, including the marital home, cars or other vehicles, funds in a bank account, investment accounts, stock, business interests, retirement or pension accounts, furniture, personal items (art, jewelry, etc.), and more.

Marital property also includes shared liabilities such as mortgages, medical bills, credit card balances, and other financial obligations or outstanding debt, regardless of which party incurred the debt. Illinois requires that marital property and debt be divided between the spouses in an “equitable” manner, which may not be equal. Fair and equitable division can be complex and may involve multiple approaches.

For example, a party may offer their spouse a specific asset in order to acquire another desired property. A single property may also be split equally between spouses or sold and the profit split between parties. In some cases, a spouse may take a larger portion of the marital debt in exchange for the marital home. It’s likely that more than one creative resolution will be warranted.

Asset division can be one of the more contentious negotiations for divorcing couples. This is particularly true in marriages in which one spouse may work while the other cares for the home or any children they share. However, these factors become relevant to the marriage’s financial contributions. If one spouse is caring for the home, they are contributing to the marriage in a way that allows the other spouse to take a more demanding, higher-paying job.

Separate Property

Marital property is typically everything gained during a marriage. However, some things are considered separate property regardless of when they were acquired, including:

• Gifted or inherited assets
• Increase in the value of or income resulting from separate property as long as marital assets were noncontributory
• Assets specifically excluded from division as per the terms of a valid marital agreement

Understanding marital and nonmarital property can be complicated and personal. Speaking with our team can help you understand the circumstances you face with your unique assets.

How Does a Judge Decide to Equitably Distribute Property?

Spouses without a prenuptial or postnuptial agreement may choose to work out the division of their assets outside of court with the help of one or more legal professionals helping to mediate negotiation proceedings. As long as both parties agree that the distribution of their marital property is fair, the matter can typically be settled without the need to go to court, saving on time and costs. However, if the parties do reach an agreement, it must be approved by a Judge.

If spouses cannot or choose not to settle out of court, they can leave the matter up to the Judge overseeing their divorce case. When Judges are determining how to fairly distribute assets and debts between spouses, they must consider numerous factors, including the length of the marriage, each spouse’s needs and economic standing after the divorce, and each party’s contribution to the acquisition of an asset, including its preservation or change in value.

Other influential circumstances include:

• Any mishandling of marital property by either spouse
• Each person’s potential to earn income and obtain property in the future
• Whether spousal maintenance will be awarded instead of or in addition to property division
• The value of each spouse’s separate property and liabilities
• Obligations or rights either party has from a previous marriage
• Whether the couple had prior agreements regarding property
• Tax implications of the division

The tiniest details make a difference in how a divorce is settled. Ensuring your Chicago divorce lawyer has all the details can help them ensure your divorce settlement is fair.

Spousal Maintenance Issues in Chicago, Illinois

Spousal maintenance, also called spousal support or alimony, is often a significant concern within divorce cases. This is the amount of money paid from one spouse to the other with the intention of helping them establish a financial foothold after a divorce, particularly if there is a large discrepancy in incomes.

There are two main forms of spousal maintenance:

• A short-term payment is provided during legal separation or divorce proceedings.
• Long-term. This may be fixed-term, indefinite, or reviewable maintenance and is provided post-divorce.

Spousal maintenance is not automatically granted during marriage dissolution. Instead, it must be deemed necessary and feasible by a Judge, and only if either spouse has filed a request for support. If a spouse requests maintenance while the divorce is ongoing, they must provide the court with documents that support their need for assistance, such as pay stubs, bank statements, and tax returns. For temporary as well as long-term support, the Judge must consider numerous details.

Judges will determine whether spousal support is needed. If it is, the Judge also decides how much and for how long the requesting spouse is granted alimony. Judges take into account the length of the marriage, each spouse’s income, needs and standard of living during the marriage, current employability, future potential earning capacity, and more.

Allocation of Parental Rights and Responsibilities

The allocation of parental rights and responsibilities applies to divorcing couples who share children. This allocation determines decision-making responsibility and parenting time.

Decision-making is the authority of one or both parents to make decisions regarding their child’s upbringing, health, schooling, religious participation, extracurriculars, and other vital issues.

Parenting time encompasses how a child’s time with each parent will be split up, where the child will reside, and whether there are any conditions placed on a parent’s visitation time.

Allocations may be held by both parents jointly and solely. Anytime they are granted jointly, both parents will share in the responsibilities determined. If they are granted solely, both parents may still have rights and responsibilities. However, one parent will have a greater allocation. The goal is for parents to share in the responsibilities and effectively co-parent. There are several types of parenting plans or schedules that co-parents may opt to employ.

Parents have the right to reasonable time with their child unless the court finds that allowing it would endanger a child’s physical, emotional, mental, or moral well-being. In this case, only one party may be given parenting time. The person with whom the child lives most of the time and/or who is responsible for the child’s day-to-day needs is known as the primary residential parent.

Parenting plans can be adjusted by a court order when needed to accommodate changes in one or both parent’s residence, employment, or other important life changes. If a parenting schedule modification order is requested within two years after its initial installment, typically, the Judge will need to be shown proof that a significant and unexpected change occurred that affects the parents’ responsibilities.

Child Support and Maintenance in Illinois

Child support payments in Chicago, Illinois will typically follow a formula depending on the shared income of each parent, both of which have an obligation to financially support their child. Family courts will also consider the typical number of overnight stays each parent has with the child when determining child support. The court does not assume the primary residential parent to have more responsibility than their co-parent and aims to distribute child support fairly.

In addition to regular support payments, the court may also allocate certain maintenance expenses between parents, including the child’s medical insurance, daycare costs, uncovered health and dental expenses, school fees, and costs from extracurricular activities. Once a support agreement has been approved by a Judge, it is legally enforceable, and only a court order can change its terms; modification may be granted if a party’s finances have drastically changed.

FAQs

How Much Does Marriage Dissolution Cost in Chicago, IL?

The cost of a marriage dissolution varies depending on the couple’s level of agreement or contention (of the divorce itself or a specific issue), finances and the amount of marital property, whether they have children, and other factors. These factors tend to impact how much time the divorce proceedings take to settle, which can increase or decrease the costs accordingly. Discussing your circumstances with a lawyer can help estimate the costs you could pay.

How Long Do You Have to Be Separated Before Divorce in Illinois?

In Illinois, spouses are required to either be separated for a period of at least six months. The purpose of this separation is to ensure that irreconcilable differences led to the irretrievable breakdown of the marriage. If this is not the case, the spouses can state that a breakdown of the relationship has occurred, that all efforts to reconcile have failed, and any future attempts to reconcile would not be beneficial for the family.

What Is Not Included in Marital Property in Chicago, IL?

In Illinois, any property or debt acquired by either spouse during their marriage up until a legal separation is considered marital property shared between the two. Exceptions to marital property include either spouse’s separate property they obtained prior to marriage or after legal separation.

Other exceptions include income or increases in the value of separate property, gifted or inherited assets, and properties specifically excluded from property division according to a valid marital agreement.

Who Pays for Lawyers’ Fees in a Divorce in Illinois?

Generally, whoever hires a divorce lawyer pays their service fees. In some cases, a person’s spouse may be ordered to cover their lawyers’ fees. Judges may order a party to pay for their spouse’s lawyer as part of spousal maintenance that was granted or other valid circumstances, such as paying for their lawyer’s fees as part of a property exchange. Whether you may have to pay for your spouse’s lawyer will depend on both of your incomes, among other factors.

Chicago Divorce Lawyer

At Schaffer Family Law, Ltd., our family lawyers have decades of experience helping clients with divorce proceedings and crucial family law concerns. Whether you need counsel on high-asset property division or a contentious case regarding the allocation of parental rights, we are prepared to assist you throughout the process. Contact our team today to schedule a consultation.