Divorce in Springfield, Illinois: What’s Important to Know?

Understanding Divorce in Springfield, Illinois

If you are considering a divorce in Springfield, Illinois, or are currently navigating the process, it is normal to have questions about your legal rights and options. Springfield divorce attorneys at Stange Law Firm focus exclusively on domestic relations matters, helping clients in Sangamon County with all aspects of divorce, including child custody, child support, spousal maintenance, and property division.

Grounds for Divorce in Springfield, Illinois

Residency Requirements and Filing in Sangamon County

To file for divorce in Illinois, one spouse must have been a resident for at least 90 days before filing. The divorce petition can be filed in the county where either spouse resides, and all proceedings are handled in the Circuit Court of Sangamon County.

Court Procedures and Case Titles in Springfield, Illinois

Divorce in Springfield begins with the Petition for Dissolution of Marriage and concludes with a Judgment for Dissolution of Marriage. The spouse who files the petition is called the Petitioner, and the other spouse is the Respondent. Courts may also hear motions for legal separation if couples are living apart but not ready for full divorce.

Spousal Maintenance and Alimony

Historically, Illinois judges had wide latitude in deciding both how much spousal maintenance should be paid and for how long. Since January 2018, the state has implemented guidelines that bring greater consistency to these decisions by providing a clear formula for calculating maintenance awards.

The duration of maintenance is generally tied to the length of the marriage, with shorter marriages receiving proportionally shorter maintenance periods and longer marriages receiving longer periods or potentially permanent maintenance for marriages exceeding 20 years. For example, marriages lasting 0–5 years typically receive maintenance for 20% of the marriage length, while those lasting 19–20 years may result in 80% of the marriage length as the maintenance period.

The amount of maintenance is determined using a formula: 30% of the payer’s income minus 20% of the recipient’s income, with the recipient’s adjusted income not exceeding 40% of the couple’s combined income. These guidelines are designed to provide predictable, equitable outcomes while accounting for the financial realities of both spouses.

Property Division in Springfield, IL

Illinois follows an equitable distribution model, meaning marital property is divided fairly but not necessarily equally. Separate property, such as items owned before the marriage, typically remains with the original owner. Courts consider factors such as each spouse’s contributions, prior agreements, marital duration, and custodial responsibilities when dividing property.

Child Custody and Parenting Responsibilities

Custody decisions in Springfield are based on the best interests of the child, taking into account parental involvement, the child’s wishes, sibling relationships, adjustment to home and school, mental and physical health, and any history of domestic violence. Courts generally prefer joint custody arrangements, but may adjust custody depending on what serves the child best.

Child Support in Springfield, Illinois

Illinois provides guidelines to calculate child support, which account for each parent’s income, the child’s needs, and the standard of living during the marriage. Orders may also require health insurance coverage for the child and continue until the child reaches the age of majority or completes secondary education.

Name Changes

As part of a divorce, a spouse may request a return to a former or maiden name, and the court will typically grant this as part of the divorce judgment.