Belleville, Illinois Divorce Lawyers & Attorneys in St. Clair County

COMMON DIVORCE QUESTIONS IN ILLINOIS

Grounds for Divorce in Belleville, Illinois

If you are having issues with your marriage in the State of Illinois then a divorce can be sought 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 sexually transmitted disease
• Living separate and apart for six months
• Having irreconcilable differences that have caused the irretrievable breakdown of your marriage

In the case of living separate and apart with irreconcilable differences, you must show the court that you work your hardest to keep the marriage intact but it can not be saved. The court will look at the evidence and determine whether all efforts have been made or it isn’t appropriate for the family to reconcile.

Residency Requirements in St. Clair County and Where to File

One of the parties who is seeking a dissolution of the marriage must have been a resident of the State of Illinois for a minimum of ninety days immediately prior to the filing of the action. The action for dissolution may be filed in the county where either party resides.

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

The action for dissolution of marriage is filed in the Circuit Court. The action that begins the process of the divorce proceedings is called the Petition for Dissolution. The action that removes your marriage is known as Judgment for Dissolution of Marriage. The person who files for divorce is the Petitioner and the other spouse is the Respondent.

Legal Separation in St. Clair County

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 Belleville, Illinois

We all know that a divorce is a difficult matter. However, you may be able to simplify your divorce 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 in 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 in excess of $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 in excess of $100 in value and allocated responsibility for all debts and liabilities between the parties

Spousal Maintenance in St. Clair County

In years past in the State of Illinois judges were given a lot of power in determining the amount and duration of maintenance awarded in divorce cases. And now as of January 2018, there are new guidelines in place that use a formula to calculate the amount of maintenance awarded as well as the duration of the 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 Belleville, Illinois

In Illinois, you will be allowed to keep your own personal property such as your clothes and shoes. The court will then divide any shared property, as it deems equitable and just, without regard to who is filing for divorce. The court will consider the following factors when dividing marital property:

• The contribution of each spouse to the acquisition and preservation of the marital and non-marital property
• The dissipation by each party of the marital and non-marital property
• The value of the property set aside for each spouse
• The duration of the marriage
• The economic circumstances of the parties at the time the division of property takes effect
• Any pre-existing rights and obligations from previous marriages
• Any prenuptial or postnuptial agreement between the parties
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party
• The custodial provisions for any children
• Whether the apportionment is in lieu of or in addition to spousal maintenance
• The reasonable opportunities of each spouse for future acquisition of capital assets and income
• The tax circumstances of the property division

Child Custody (Parenting Responsibilities) in St. Clair County

If you are unable to come to an agreement 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 before a case is filed
• Any prior agreement or course of conduct between the parents relating to the caretaking functions of the child
• The interaction and interrelationship of the child with his/her parents and siblings, etc
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals concerned
• The child’s needs
• The distance between the parents’ residences
• Whether any restriction on parenting time is appropriate
• The willingness and ability of each parent to place the needs of the child ahead of the parents’ own needs
• Whether one of the parents is a convicted sex offender
• Any instances of domestic violence or abuse
• The willingness and ability of each party to encourage a close and continuing 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 Belleville, Illinois

The State of Illinois has enacted child support guidelines that establish the amount of support, which is presumed to be correct. The court may deviate from the guidelines, however, when it finds that the application of the guidelines would be inappropriate, after consideration of 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 St. Clair County

A spouse may request a name change back to their former or maiden name. This request may be granted by the court upon the divorce.