Waukegan, Illinois Divorce Lawyers & Attorneys in Lake County

COMMON DIVORCE QUESTIONS IN ILLINOIS

What Are the Grounds for Divorce in Illinois?

If you are experiencing marital issues in the State of Illinois, you may seek a divorce for any of the following reasons:

• If your spouse commits Adultery.
• If you enter into a marriage with one person while still legally married to another (Bigamy)
• Impotence
• If you desert your spouse for a whole year
• Attempt to end the life of your spouse
• Addiction to Alcohol/Drugs
• If your spouse is convicted of a felony
• Infecting another spouse with a sexually transmitted disease
• Living separate and apart for six months
• Having irreconcilable differences that have caused the irretrievable breakdown of your marriage

In cases of living separately and apart due to irreconcilable differences, you must demonstrate to the court that you have made a sincere effort to preserve the marriage, but it cannot be saved. The court will examine the evidence to determine whether all reasonable efforts have been made or if reconciliation is not in the family’s best interest.

Residency Requirements for Divorce in Waukegan, Illinois

To file for a dissolution of marriage in Illinois, at least one of the parties must have been a resident of the state for a minimum of 90 days immediately prior to filing. The action for dissolution can be filed in the county where either party resides.

Name of Court and Title of Action/Parties in Waukegan, Illinois

A dissolution of marriage action is filed in the Circuit Court, initiating the divorce process with a document known as the Petition for Dissolution. The final step that legally ends the marriage is called the Judgment for Dissolution of Marriage. The spouse who files the petition is referred to as the Petitioner, while the other spouse is known as the Respondent.

Legal Separation in Waukegan, Illinois

If you and your spouse have been living away from each other but aren’t seeking a divorce then you can look toward a judgment of legal separation.

Simplified Divorce Procedure in Waukegan, Illinois

Divorce can be a challenging experience, but you may be able to simplify the process by filing jointly if you meet all of the following conditions:

• Neither party is dependent upon the other for support or each party is willing to waive the right to support, and each party understands that consultation with an attorney may help them determine eligibility for support.
• The residency requirements have been met.
• Irreconcilable differences have caused the irretrievable breakdown of the marriage or the parties have been separated for at least six months.
• Reconciliation efforts have failed or would be futile.
• There are no children of the marriage and the wife is not pregnant.
• The marriage is no older than eight years.
• Neither party has any interest in real property.
• The parties waive all rights to maintenance/maintenance.
• The total fair market value of all marital property is less than $50,000.
• The combined gross annual income of both parties is less than $60,000, and neither party has a gross annual income over $30,000.
• The parties have disclosed to each other all assets and their tax returns for all years of marriage.
• The parties have executed a written agreement dividing all assets over $100 in value and allocated responsibility for all debts and liabilities between the parties.

Spousal Maintenance in Lake County, IL

In the past, judges in Illinois had significant discretion in determining the amount and duration of maintenance awarded in divorce cases. However, since January 2018, new guidelines have been implemented that use a formula to calculate both the amount and duration of maintenance payments.

The Formula to Estimate The Length of Divorce Maintenance/Spousal Support Award in Your Case is:

• (Marriage 0-5 years) x (20%)
• (Marriage 5-6 years) x (24%)
• (Marriage 6-7 years) x (28%)
• (Marriage 7-8 years) x (32%)
• (Marriage 8-9 years) x (36%)
• (Marriage 9-10 years) x (40%)
• (Marriage 10-11 years) x (44%)
• (Marriage 11-12 years) x (48%)
• (Marriage 12-13 years) x (52%)
• (Marriage 13-14 years) x (56%)
• (Marriage 14-15 years) x (60%)
• (Marriage 15-16 years) x (64%)
• (Marriage 16-17 years) x (68%)
• (Marriage 17-18 years) x (74%)
• (Marriage 18-19 years) x (76%)
• (Marriage 19-20 years) x (80%)
• Marriages of 20+ years – The court shall order either permanent maintenance or the length of the marriage

The formula for Maintenance: Amount – (30% of the payer’s income) – (20% of the receiver’s income)

*The receiver’s new income cannot exceed 40% of the parties’ combined income

Distribution of Property in Waukegan, Illinois

In Illinois, you are allowed to keep your personal property, such as clothes and shoes. The court will then divide any shared property in a manner it deems equitable and just, regardless of who is filing for divorce. When dividing marital property, the court will consider the following factors:

Child Custody (Parenting Responsibilities) in Lake County, Illinois

If you are unable to agree with your spouse, the court will determine custody or parenting responsibilities based on the following factors:

• The wishes of the child’s parents.
• The wishes of the child.
• The amount of time each parent has spent performing caretaking functions for the child in the 24 months prior to the case being filed.
• Any prior agreements or established patterns of conduct between the parents regarding caretaking functions.
• The interaction and relationship between the child and their parents, siblings, etc.
• The child’s adjustment to home, school, and the community.
• The mental and physical health of all individuals involved.
• The child’s needs.
• The distance between the parents’ residences.
• Whether any restrictions on parenting time are appropriate.
• The willingness and ability of each parent to prioritize the child’s needs over their own.
• Whether one of the parents is a convicted sex offender.
• Any instances of domestic violence or abuse.
• The willingness and ability of each parent to encourage a close and ongoing relationship between the child and the other parent.

Illinois divorce laws allow a court to interview the child in chambers to ascertain his wishes as to custody and visitation.

Child Support in Waukegan, Illinois

The State of Illinois has established child support guidelines that set the presumptive amount of support. However, the court may deviate from these guidelines if it finds their application would be inappropriate, after considering the following factors:

• The financial resources and needs of the child
• The financial resources and needs of the parents
• The standard of living the child would have enjoyed had the marriage not been dissolved
• The physical and emotional condition of the child and his or her educational needs

You may also be required to provide health care coverage for the child as part of the child support order.

Name Change in Lake County

A spouse may request to revert to their former or maiden name during the divorce process. The court may grant this request as part of the divorce proceedings.