What To Expect When Going Through A Divorce In Chicago

What To Expect When Going Through A Divorce In Chicago

By: M. Scott Gordon

Divorces in Chicago, as with most legal proceedings, can be confusing to most people with no legal training. The court filings, child custody concerns, financial concerns, and other requirements can make a difficult and sometimes emotional time seem overwhelming. Having an idea of what to expect can make the process less draining, and will ultimately enable you to ask the right questions when choosing the right divorce attorney to represent you.

Initial Filings

A divorce proceeding in Illinois begins with the filing of the Petition for Dissolution of Marriage. In order to file the Petition for Dissolution of Marriage in Chicago or surrounding area, one of the spouses has to meet residency requirements. At least one spouse is required to have lived in Illinois for a minimum of 90 days before filing for divorce.

Illinois is a no fault divorce state, which means that a divorce in Chicago can be started without stating a reason for the divorce other than irreconcilable differences. For this approach, the couple has to be separated for at least six months at the end of the divorce process.

However, there are also reasons that can be used to ask for a divorce, known as grounds for divorce. The spouse filing for divorce, for example, can claim mental and physical cruelty, and even habitual drunkenness by the other spouse, as reasons for the divorce, amongst others.

The non-filing spouse has to be served with the divorce paperwork in order to get notice of the divorce and be given a chance to appear in court. It is only in some cases, where the spouse cannot be found despite various steps being taken to find him or her, that a judge will grant a default divorce.

Child Custody and Visitation

When filing the Petition for Dissolution of Marriage, the filing spouse may simultaneously request custody of the couple’s children. As with the divorce petition, the non-filing spouse has to receive notice of the child custody filing by the other spouse so that he or she can respond. In Chicago and Illinois, a judge decides custody issues by considering the best interests of the child. One of the factors to be considered is the willingness of the parents to foster a relationship between the child and the other parent.

Additionally, Chicago area judges will order mandatory parenting classes for parents in cases of child custody before granting a divorce. These classes can usually be taken online.

Financial Matters and Property Division

One of the things that most people expect when it comes to divorce is property division, and decisions about debts. For the parties and the judge to have a better view of the finances in the case, both spouses are required to complete a financial disclosure form that lists assets and debts, as well as monthly income and debts.  Your attorney also pursue more in depth financial “discovery” if it is needed.

When it comes to property division, there are two kinds of property: marital and non-marital. Generally, marital property is property acquired after the couple gets married until they get divorced, or in some cases, legally separated. Marital property in a Chicago area divorce is equitably divided, that is, shared in proportions that the judge determines to be just. This is not necessarily a 50/50 split between the couple, and there are certain factors for the judge to consider.

Most joint bank accounts owned during the marriage will most likely qualify as marital property to be divided between the couple. When one spouse takes money from the accounts or takes other marital property during the divorce, it could be “dissipation” of marital funds, and the court will hold that spouse accountable for the spending, if it was not for the benefit of the family.

When filing for divorce, the filing spouse may also apply for temporary or permanent financial maintenance. Maintenance may be awarded to the spouse after a consideration of several factors.

There are additional financial concerns to watch out for if you are going through a divorce in the Chicago area. For example, decisions on child support payments, as well as how retirement accounts may be affected in the division of marital property, should be planned for accordingly.

Talking With The Other Party

Not all divorces are hostile. If you, your spouse, and your attorneys are able to come together, you may be able to work out most of the issues in a divorce proceeding. In most cases, if you can come to agreements concerning property division and child custody, a judge will likely accept the agreements.

Contact an Attorney

If you are going through a divorce in the Chicago area and want to better understand what to expect, contact the Chicago area divorce attorneys at M. Scott Gordon & Associates and see how we can help and support you through this challenging time.