Belleville, Illinois Divorce Lawyers in St. Clair County Representing Individuals in the Area
If you are going through a divorce, you probably have lots of questions and concerns. An experienced St. Clair County attorney in Belleville, Illinois can help you understand the legal process and explain your options. Going through a divorce can be an extremely challenging time. You want quality representation in these times.
At Stange Law Firm, PC, our Belleville divorce lawyers work hard to protect our clients’ interests in Illinois divorce proceedings. When there are children involved we hold their interests as a top priority and do everything we can to make sure our clients can be assured that their interests are protected. From our Belleville office on Lincoln Place Court, we represent clients with family law needs throughout St. Clair County, Illinois.
As set forth in their biographies, many of our attorneys have received awards and accolades for divorce and family law. In fact, both founding partners at our law firm have been recognized as Super Lawyer Rising Stars for Family Law. Among other awards, Kirk Stange has also been recognized as a Top 100 Trial Lawyer by the National Trial Lawyers. Partner Jillian Wood is Lead Counsel Rated for Divorce and Family Law.
You can also obtain more information about the St. Clair County Family Court in Belleville, Illinois by going to the following links:
- Map to St. Clair County Courthouse: Google Maps directions to the St. Clair County Courthouse.
- St. Clair County Family Law Forms: PDF files of the family law rules for St. Clair County.
- St. Clair County Local Court Rules: Find a PDF format of the domestic relations local rules in St. Clair County by clicking here.
- Illinois Child Support Estimate: Our attorneys can assist in your Illinois child support case.
To schedule a confidential initial consultation to discuss your specific needs, call our Belleville divorce lawyers at 618-310-3711 or contact our law firm online.
From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application or view support calculators for Missouri and Illinois. You can also get more information on our Illinois Divorce Law Blog.
No Substitute for Local Knowledge in St. Clair County in Belleville, Illinois
Like many areas of Illinois, St, Clair County in Belleville is a place all its own, and that makes its legal community unique. When it comes to Illinois family law issues, we know the kind of information that judges will want to see when they decide these cases and we know how to present that information effectively.
Our attorneys know what it takes to move divorce cases effectively through the St. Clair County Courthouse in Belleville, as well as Madison County and Monroe County, ensuring that they obtain a positive result. We use our vast knowledge of the area’s legal climate to work toward favorable outcomes for our clients.
Handling All Aspects of Belleville, Illinois in St. Clair County Divorces
As your full-service family law firm, we can advise and represent you on any and all issues that may arise during the divorce process in Illinois, such as:
- Child custody and visitation in Belleville, IL: We represent clients in their child custody matters in Belleville, Illinois.
- Child support in Belleville, IL: Our attorneys are experienced with child support matters and can assist.
- Belleville, IL Spousal maintenance and alimony: We represent individuals in Belleville, IL for their spousal maintenance or alimony case.
- Division of property and debts in Belleville, IL: Dividing property and debt is not an easy task. Our attorneys can help.
- Belleville, IL Post-divorce modifications: Sometimes after a divorce there needs to be modifications, our knowledgeable attorneys can assist.
- Dissolution of same sex marriage in Belleville, IL: We represent clients in St. Clair County with this dissolution of same sex marriage.
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)
- 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 other 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 in tact 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 to 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 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 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 which 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 – court shall order either permanent maintenance or the length of the marriage
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 to 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 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 head 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 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.
Contact a Belleville, Illinois in St. Clair County Divorce Attorney for a Confidential Consultation
If you are contemplating divorce in the St. Louis Metro East in Illinois, including St. Clair County in Belleville, Illinois, and other areas in the St. Louis Metro East call our Belleville office at 618-310-3711 or contact our law firm online. You can also find out more information below about our Belleville location:
St. Clair County (Belleville), IL Office: 618-310-3711 Click to learn more about this location. 115 Lincoln Place Court, Suite 101, Belleville, IL 62221.