Divorce Attorney for Grundy, Kane, Kendall, & Will Counties

TURNING THE PAGE: GUIDING FAMILIES THROUGH DIVORCE WITH CARE

Understanding Divorce Law in Illinois

Divorce is often one of the most challenging life transitions individuals face. At Katherine L. Maloney & Associates, LLC, we provide compassionate, strategic legal representation to guide you through every aspect of the Illinois divorce process. Our experienced attorneys combine legal expertise with a supportive approach to help you navigate this difficult time and secure the best possible outcome for your future.

Illinois Divorce Basics

Illinois is a "no-fault" divorce state, which means you don't need to prove wrongdoing by either spouse to obtain a divorce. The only ground for divorce in Illinois is "irreconcilable differences," which means the marriage has irretrievably broken down and reconciliation efforts have failed or would be impractical.

Residency Requirements

To file for divorce in Illinois, at least one spouse must have been a resident of Illinois for at least 90 days prior to filing the petition.

Waiting Period

If both parties agree that irreconcilable differences exist, there is no waiting period. If one party contests the grounds, the couple must live separate and apart for six months, which will create an irrebuttable presumption that irreconcilable differences exist.

The Illinois Divorce Process

1. Filing the Petition

The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court in the appropriate county. The petition outlines what the filing spouse is requesting regarding property division, child custody, support, and other issues.

2. Service of Process

After filing, the petition and summons must be served on the other spouse (the respondent). This can be done through personal service by the sheriff, a private process server, or by the respondent voluntarily accepting service.

3. Response

The respondent has 30 days to file an appearance and response to the petition. They may agree with the petition or file a counter-petition.

4. Temporary Orders

Either party may request temporary orders to address immediate concerns while the divorce is pending, such as:

Temporary child custody and parenting time

Temporary child support or spousal maintenance

Exclusive possession of the marital home during the pendency of the divorce proceedings

Payment of bills and expenses

5. Discovery

Both parties exchange information about their finances, assets, debts, and other relevant matters. Discovery may include:

Financial affidavits

Production of documents (bank statements, tax returns, etc.)

Written questions (interrogatories)

Depositions

6. Negotiation and Settlement

Many divorce cases are resolved through negotiation, mediation, or collaborative law rather than proceeding to trial. Our attorneys are skilled negotiators who work diligently to achieve favorable settlements while protecting your interests.

7. Pre-Trial Conference

If settlement efforts aren't successful, the court will typically schedule a pre-trial conference where the judge may offer recommendations to resolve disputed issues.

8. Trial

If necessary, unresolved issues will be decided at trial, where both sides present evidence and testimony. The judge will make final decisions on all contested matters.

9. Judgment of Dissolution

Once all issues are resolved, the court issues a Judgment of Dissolution of Marriage that finalizes the divorce and outlines all agreements and court decisions.

Key Issues in Illinois Divorce

Property Division

Illinois follows "equitable distribution" principles, which means marital property is divided fairly, but not necessarily equally. Factors considered include:

Each spouse's contribution to acquiring the property

Length of the marriage

Economic circumstances of each spouse

Tax consequences

Maintenance (Alimony)

When determining whether to award maintenance and in what amount, courts consider:

Income and property of each spouse

Needs of each spouse

Present and future earning capacity

Length of the marriage

Standard of living established during the marriage

Age and health of both parties

Illinois uses statutory guidelines to calculate maintenance in many cases, but judges have discretion to deviate from these guidelines when appropriate.

Child-Related Issues

Allocation of Parental Responsibilities

Illinois no longer uses the term "custody." Instead, courts allocate parental responsibilities, which include:

Significant decision-making responsibility for education, healthcare, religion, and extracurricular activities

Parenting time (previously called visitation)

Courts make these determinations based on the best interests of the child, considering numerous factors including:

The child's wishes (depending on age and maturity)

Each parent's wishes

The child's relationship with each parent, siblings, and others

The child's adjustment to home, school, and community

The mental and physical health of all parties

Each parent's willingness to facilitate a relationship with the other parent

Child Support

Illinois uses an "income shares" model to calculate child support, which considers:

Both parents' income

Number of children

Amount of overnights each parent has with the children

Health insurance

Uncontested vs. Contested Divorce

Uncontested Divorce

In an uncontested divorce, spouses agree on all major issues, including property division, maintenance, and child-related matters. This approach is typically:

Less expensive

Faster

Less emotionally taxing

More private

Our attorneys can help you prepare all necessary documentation for an uncontested divorce and ensure your agreement protects your interests.

Contested Divorce

When spouses cannot agree on one or more significant issues, the divorce is contested. This may require:

More extensive discovery

Multiple hearings

Expert witnesses (such as financial analysts or child psychologists)

Trial

Our experienced litigators provide strong advocacy in contested proceedings while remaining open to settlement opportunities that arise.

How Our Illinois Plainfield Divorce Attorneys Can Help

At Katherine L. Maloney & Associates, LLC, we offer comprehensive divorce representation that includes:

Initial consultation to understand your specific situation and goals

Strategic advice on approaching your divorce

Preparation and filing of all necessary documents

Skilled negotiation to resolve disputed issues

Strong advocacy in court when necessary

Protection of your financial interests

Safeguarding your relationship with your children

Post-decree modifications when circumstances change

Enforcement of court orders

Considering Divorce? Contact Our Divorce Lawyer in Plainfield

If you're contemplating divorce or have been served with divorce papers, having knowledgeable legal representation is essential. Contact Katherine L. Maloney & Associates, LLC at 815-556-2057 for a Free Consultation to discuss your situation confidentially. Our dedicated team will help you understand your options and develop a strategy tailored to your unique circumstances.