Geneva, Illinois Divorce Lawyers & Attorneys in Kane County

COMMON DIVORCE QUESTIONS IN ILLINOIS

What Are the Grounds for Divorce in Illinois?

Illinois recognizes several legal grounds for divorce, including:

• Adultery
• Bigamy
• Impotence
• Desertion for at least one year
• Attempted murder of a spouse
• Drug or alcohol addiction
• Felony conviction of a spouse
• Transmission of a sexually transmitted disease
• Living separately for six months
• Irreconcilable differences causing a marriage breakdown

For divorces based on irreconcilable differences, the court must see proof that attempts to repair the marriage have failed.

Residency Requirements for Divorce in Geneva, Illinois

To file for divorce in Illinois, at least one spouse must have resided in the state for a minimum of 90 days. The petition should be filed in the county where either spouse currently lives.

Court and Action Titles in Geneva, Illinois

Divorce cases are handled by the Circuit Court and proceed as follows:

• The process starts with a Petition for Dissolution of Marriage
• It concludes with a Judgment for Dissolution of Marriage
• The spouse initiating the case is the Petitioner
• The other spouse is the Respondent

Legal Separation in Geneva, Illinois

Couples who choose to live apart but do not wish to divorce can seek a judgment of legal separation, allowing them to maintain financial and legal boundaries while remaining married.

Simplified Divorce Procedure in Geneva, Illinois

Some couples may qualify for a simplified divorce if they meet certain conditions, including:

• No need for spousal support or mutual agreement to waive it
• Residency requirements met
• Irreconcilable differences or six months of separation
• No children or pregnancy at the time of filing
• Marriage duration of no more than eight years
• No ownership of real estate
• Marital assets valued under $50,000
• Combined annual income below $60,000
• Complete disclosure of all assets and debts
• A signed property division agreement

Spousal Maintenance in Kane County, IL

Illinois calculates spousal maintenance using a statutory formula based on the length of the marriage:

• 0-5 years: 20% of the marriage duration
• 5-6 years: 24%
• 6-7 years: 28%
• 7-8 years: 32%
• 8-9 years: 36%
• 9-10 years: 40%
• 10-11 years: 44%
• 11-12 years: 48%
• 12-13 years: 52%
• 13-14 years: 56%
• 14-15 years: 60%
• 15-16 years: 64%
• 16-17 years: 68%
• 17-18 years: 74%
• 18-19 years: 76%
• 19-20 years: 80%
• 20+ years: Courts may order either permanent maintenance or an amount equal to the length of the marriage.

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

The recipient’s total income cannot exceed 40% of the couple’s combined income.

Distribution of Property in Geneva, Illinois

Illinois follows an equitable distribution approach, meaning assets are divided fairly rather than equally. Courts consider factors such as:

• Each spouse’s contributions to acquiring property
• Wasteful spending or dissipation of assets
• The length of the marriage
• Financial situations of both spouses
• Any prenuptial or postnuptial agreements
• Prior obligations from previous marriages
• Each spouse’s future earning potential
• Child custody arrangements

Child Custody (Parenting Responsibilities) in Kane County, Illinois

If parents cannot agree on custody, the court evaluates:

• The preferences of both parents and the child
• Each parent’s caregiving history
• The child’s home, school, and community stability
• The mental and physical health of all parties
• Any history of domestic violence or abuse

A judge may interview the child privately to consider their custody preferences.

Child Support in Geneva, Illinois

Illinois child support follows state guidelines but can be adjusted based on factors such as:

• The child’s financial and medical needs
• Each parent’s income and financial resources
• The child’s expected standard of living
• The child’s physical and emotional well-being

Parents may also be required to provide health insurance for the child.

Name Change in Kane County

As part of the divorce process, a spouse may request to restore their maiden or previous name, which the court can approve in the final divorce decree.