Call Us630-382-8050

2445 Dean Street, Suite G, St. Charles, IL 60175

St. Charles divorce attorney legal separation

Some states require a waiting period during which a married couple must be separated before a divorce can be finalized, and Illinois used to be the same. However, since 2016, an Illinois couple can proceed with a divorce at any time as long as one of the spouses has been an Illinois resident for at least 90 days and the marriage has broken down due to irreconcilable differences. That said, while a legal separation is no longer a necessary step on the path to divorce in Illinois, it is still an option, and you may have questions regarding whether it is a good idea in your case.

Potential Benefits of Legal Separation

Many married couples choose to live apart from each other while considering a divorce. If you and your spouse have already taken this step, but you are not yet sure that you want to initiate divorce proceedings, you can instead petition for a judgment of legal separation. Doing so offers several possible legal benefits, including:

...

St. Charles divorce attorney spousal maintenance

In Illinois, spousal support or maintenance is not a guaranteed part of all divorce orders; rather, it is generally only ordered if one spouse has a financial need and there is an imbalance in income and assets between the two parties. As a result, it can often be a contentious part of the divorce process, as the two parties may have different ideas as to whether a spousal support order is justified. This contention may continue even after the divorce is finalized as both parties’ circumstances change. If you have been ordered to pay spousal support and you believe that you should no longer have to do so, you may have legal options to pursue the modification or termination of the spousal support order.

Reasons to Modify a Spousal Maintenance Order

You should know that it is usually not possible to stop paying spousal support simply because you are angry or upset with your ex-spouse. Rather, you will need to demonstrate to the court that there has been a substantial change in circumstances that justifies a reduction to your obligation. Possible reasons for a modification include:

...

St. Charles divorce attorney property division

For business owners, the division of marital property required in the Illinois divorce process can be challenging regardless of their spouse’s involvement or role in the business. However, if you and your spouse are business partners as well as life partners, the process becomes even more complicated. In order to ensure a fair outcome that protects your interests, you should work with an experienced divorce attorney who can advise you on the implications of your decisions.

Are Businesses Considered Marital Property in Illinois?

While a business that you owned prior to your marriage may be considered your personal, non-marital property, a business that you or your spouse founded or acquired during your marriage is usually considered marital property, even if the other spouse is not involved. If you and your spouse started or purchased a business together during your marriage, there is no question that it will be an important consideration in the division of marital property, and the same is likely true if your spouse became a partner in a business that you already owned. You may even have a business contract that further defines the terms of your partnership outside of your marital relationship, and such a contract will likely influence your options for dividing the business in your divorce.

...

St. Charles divorce attorney parenting time

When you are getting a divorce, reaching an agreement on parenting time can be challenging both emotionally and logistically. It is often hard for parents and children alike to adjust to an arrangement in which they no longer live with each other full time, and with the schedules of several different people to consider, it may be hard to find a solution that allows both parents to make the most of their time while interrupting the children’s routine as little as possible. It is important to think carefully as you create your initial parenting plan and to be open to change in the coming years if necessary.

How to Create a Parenting Time Schedule

During the divorce process in Illinois, the court will usually ask each parent to submit a proposed parenting plan that addresses many important issues regarding parenting time, including a schedule of days to be spent with each parent, plans for transportation between homes, provisions for holidays, and other extenuating circumstances, and provisions for the process of modifying the plan in the future. The court will issue a decision after reviewing both parents’ proposed plans. However, if the parents are able to work together to create a plan, the court will often approve of it as long as the proposed plan is in the children’s best interests.

...

St. Charles divorce attorney spousal support

Infidelity on the part of one or both spouses is one of the most common reasons for a marriage to fail. If your spouse has been unfaithful and you are unable to work through it together, a divorce may be imminent, and it is reasonable to wonder how the infidelity might affect the divorce process. The answer may surprise you, but it can also help you prepare more effectively for your divorce.

Infidelity Is Not a Legal Reason for Divorce in Illinois 

Though a spouse’s unfaithfulness may be a major contributing factor, or even the most important factor, in your personal decision to get a divorce, Illinois is a no-fault divorce state in which irreconcilable differences are the only legally recognized grounds for divorce. This means that an unfaithful spouse will not be held responsible for causing the divorce, and the infidelity will not be considered by the court in any decisions regarding the division of property, spousal support, or the allocation of parental responsibilities. However, this does not necessarily mean that infidelity will have no impact whatsoever on the way your divorce proceeds.

...
Best Law Firm 2020 Emerging Lawyers Best 10 Avvo Leading lawyers Avvo
Back to Top