Peoria County Divorce Lawyers in Peoria, IllinoisIf you are going through a divorce in Peoria, Illinois, it is imperative that you seek educated and compassionate representation. The results of these cases will likely be long-lasting, and can have an immense effect on you and your family.At Stange Law Firm, PC, we have solely dedicated our practice to divorce and family law. As a result, our attorneys have the knowledge needed to help effectively guide you through the process of your case. Whether your divorce matter needs to be litigated in court, or resolved through alternative dispute resolution methods, Stange Law Firm, PC has the legal staff and resources to assist.From our nearby Bloomington, Illinois Family Law office in McLean County, we are able to serve residents in Peoria and in the surrounding areas, with a wide range of family law matters, including:
- Peoria, Illinois Children’s Advocacy Center: Do you know a child facing sexual or physical abuse in Peoria County, Illinois? Click here for information.
- Peoria County, Illinois Family Justice Center: Are you or someone you know a victim of domestic violence in Peoria, Illinois? Click here for helpful resources.
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)
- 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
Residency Requirements for Divorce in Peoria, IllinoisOne 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 Peoria, IllinoisThe 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 Peoria, IllinoisIf 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 Peoria, IllinoisWe 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 Peoria CountyIn 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
Distribution of Property in Peoria, IllinoisIn 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 Peoria CountyIf 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
Child Support in Peoria, IllinoisThe 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