Chicago, Illinois Divorce Lawyers Serving Cook County, IL, and the Surrounding Areas From Our Rolling Meadows Office Location
If you are going through a divorce in Chicago, Illinois, it is important to seek educated and compassionate representation. The results of these cases will likely have a significant impact on you and your family and can also be long-lasting.
At Stange Law Firm, PC, we have dedicated our practice to solely handling matters relating to divorce and domestic relations. As a result, our lawyers have the knowledge needed to help compassionately guide you through the process of your matter. Whether your divorce case needs to be litigated in court, or resolved through alternative dispute resolution methods, Stange Law Firm, PC has the legal staff and resources to help.
From our office in Rolling Meadows, Illinois in Cook County, we can serve residents in Chicago, IL, and in the surrounding areas, with a wide range of domestic relations matters, including:
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Chicago, Illinois Divorce Lawyers in Rolling Meadows: If you need help with a divorce in Cook County, our lawyers can help.
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Chicago, Illinois Child Support Lawyers in Rolling Meadows: If you are in or near Cook County, Illinois, and are interested in finding out more information about child support, our webpage has additional information.
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Chicago, Illinois Child Custody Lawyers in Rolling Meadows: If you need a child custody lawyer in or around Cook County, IL, we have attorneys who can help.
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Chicago, Illinois Paternity Lawyers in Rolling Meadows: If you are an unmarried parent in Cook County or nearby who needs a custody attorney, we have lawyers who can assist.
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Chicago, Illinois Fathers’ Rights Attorneys in Rolling Meadows: If you are a father in need of a divorce or domestic relations representation near Cook County, Illinois, we have lawyers who can assist.
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Chicago, Illinois Domestic Litigation Attorneys in Rolling Meadows: We can help with your domestic relations needs in the Chicago, Illinois area in Cook County.
The lawyers that you will find at Stange Law Firm, PC understand that your divorce matter in Chicago, Illinois may be one of the most emotionally stressful and trying times in your life. That’s why our Cook County, Illinois divorce attorneys are ready to advocate for you, whether your divorce is uncontested or contested. No matter if your case can be settled outside of court, or if your case is forced to go to trial, the divorce lawyers at Stange Law Firm, PC are here to help you.
You can also find out more information about Cook County, IL here:
- Government Website for Cook County, Illinois: Interested in learning more about the government for Cook County, Illinois? Click this link to learn more.
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Cook County, Illinois Court Rules: If you are interested in the local rules for Cook County, Illinois, please click this link to read more.
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Cook County, IL Courthouse: Click here for the address and directions to the Cook County Courthouse.
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Chicago, Illinois Children’s Advocacy Center: Do you know a child facing sexual or physical abuse in Cook County, Illinois? Click here for information.
COMMON DIVORCE QUESTIONS IN ILLINOIS
What Are the Grounds for Divorce in 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 a sexually transmitted disease
- Living separate and apart for six months
- Having irreconcilable differences that have caused the irretrievable breakdown of your marriage
Residency Requirements for Divorce in Chicago, Illinois
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 before 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 Chicago, 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 Chicago, 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 Chicago, 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 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 Cook County, IL
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 Chicago, Illinois
In Illinois, you will be allowed to keep your 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 instead 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 Cook 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 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 Chicago, 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 Cook 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.