Chicago Family Attorneys: Chicago’s Top Divorce Lawyers

Grounds for Divorce in Illinois

Illinois is a "no-fault" divorce state—meaning that the courts don't require one spouse to prove that the other's bad acts were the cause of the divorce. This means that Illinois divorces do not require consent from both spouses to end their marriage.

Usually, No-fault divorces reach resolution faster than fault-based divorces because the spouses don't have to argue about or prove who was responsible for the divorce.

An Illinois court will grant a divorce when it finds that irreconcilable differences have caused the breakdown of the marriage, and there's no hope of reconciliation. That means that an irretrievable breakdown has occurred and it is not possible for the parties to resolve issues. This has ultimately caused one spouse significant turmoil and as a result, one party is now seeking a divorce.

It was previously required that the parties live separately and apart for a continuous period of 6 or more months immediately before the entry of the divorce judgment. The required waiting period may now be waived.

Divorce Options in Illinois: Contested, Uncontested, and Collaborative

When you consider filing for divorce, the first thought that most potential clients have is that a divorce process is going to be a hard and long process that requires lots of divorce documents and a fearful time in court.

Without a skilled and knowledgeable attorney by your side, you could make decisions that decrease your rights and can have an emotional and financial hardship on your life.

If you are thinking of filing for an uncontested divorce, you are more than likely going through a difficult personal situation that is filled with anxiety and the last thing you want to do is address the problem right away.

Although you may be feeling overwhelmed, you have to make a choice on what is best for you. You need to start by choosing which type of divorce is best for you. Our skilled attorneys at Chicago Family Attorneys are great at their jobs. They will take the time to listen to your concerns and they will offer some guidance on your options.

Usually, divorces are categorized into contested and uncontested divorces. By evaluating these options, you can have a clearer mindset on how you would like to approach your case.

Uncontested Divorces in Illinois Courts

In these cases, spouses and attorneys will work together to reach a settlement agreement and resolve any outstanding issues without court intervention.

The process usually starts by negotiating with each other or through attorneys. Alternative dispute resolution methods such as collaborative law or mediation are an option through this process that tends to be less costly than filing in court.

After a mutually agreeable settlement has been reached, the spouses will hire attorneys, who will make sure the settlement meets statutory obligations and requirements. After our office is hired, we will prepare the necessary divorce papers that will need to be filed and start drafting final agreements and judgments for the case to be filed and resolved

Agreements that may need to be addressed can include an allocation of parental responsibilities if children are involved in the divorce. Parents will need to thoroughly discuss parenting time with the other parent and how time will be divided amongst the children in the case.

Attorney fees and the high cost of family lawyers tend to be driving factors for uncontested divorces. If spouses agree on all issues involved in their case, an uncontested divorce or collaborative divorce may reduce the toll on each party's emotional health and assist in keeping legal fees manageable. It is important to remember that all the issues within the divorce must be agreed to including the division of marital debts and marital property.

To start the process of an uncontested divorce, call Chicago Family Attorneys, LLC at (312) 210-9614 or book an appointment online.

What Is The Divorce Process to Get an Uncontested Divorce in Illinois?

If you and your spouse agree on the terms of your divorce, the next step is for the divorce attorneys at Chicago Family Attorneys, LLC to file the required pleadings and paperwork in the appropriate court. Cases need experienced attorneys who will adequately file the following documents in uncontested divorces.

Pleadings required may include the following factors:

• Petition for Dissolution of Marriage
• Master Settlement Agreement
• Judgment of Dissolution of Marriage
• Parenting Plan
• Summons or Waiver of Summons
• Entry of Appearance

These are some of the basic pleadings that lawyers use to get started with divorces in Illinois; depending on your situation you might have to file additional pleadings or motions. Every case is not the same and each person should consult with a licensed attorney who is experienced in family law to draft and file pleadings on their behalf.

It is difficult for people to draft, file, and then submit their own documentation to the court without the knowledge that attorneys have. Attorneys can prepare the necessary pleadings in a timely fashion and to the standards the court requires. In some instances, only one attorney may be needed for an uncontested divorce. This may save you both a significant amount of money.

If you and your spouse are open to the idea of divorce, you must have an opportunity to responsibly talk about the subject matter. An uncontested divorce in Illinois can save families thousands of dollars and years worth of time.

Generally, an uncontested divorce starts with the filing of a divorce petition, a summons, and a signed marital settlement agreement. It is important to show that all aspects of the marriage have been agreed upon in the divorce settlement. 

Our law firm is often asked "How long does an uncontested divorce take?". The truth is that we can't be certain since each case is different and each circumstance is not the same. However, they can usually take anywhere from 6 months to 12 months depending upon the county in which you filed and if your spouse agrees on each aspect.

It is important to note that there are some instances whereby an uncontested divorce may be extended in the event that a spouse may not be found or service is not performed. In the event that service does not occur, a petitioner may be forced to post a publication giving notice to the other party for 90 days that they are seeking a divorce.

Call the best divorce attorneys in Chicago, Illinois for a consultation at (312) 210-9614 or book an appointment online.

Collaborative Divorce in Illinois

Collaborative divorce is a process where spouses choose to settle their differences out of court. Rather than proceeding through the traditional adversarial route, collaborative divorce proceedings are conducted in a cooperative manner that aims for the best possible settlement for both parties.

In collaborative divorce proceedings, couples work with collaborative attorneys who have experience and training in this specific practice area. Each spouse has their own collaborative attorney to ensure that their rights are protected and interests represented during negotiations.

The collaborative divorce process usually involves four phases: The initial meeting between the collaborative attorneys and clients, preparation for negotiation (which includes gathering financial information), negotiating with each other’s attorneys in an effort to reach a mutually acceptable agreement, and finally drafting and executing all necessary documents required to finalize the divorce.

Benefits of an Illinois Collaborative Divorce

A collaborative divorce offers several potential advantages over a contested or traditional divorce. For example, collaborative divorce proceedings can often be completed more quickly than traditional divorces and at less expense since they avoid the time-consuming and costly court process.

The collaborative approach also allows the couple to have greater control over the outcome of their divorce since they are making decisions with their attorneys and not in front of a judge or jury.

Finally, collaborative divorces usually result in a settlement that is tailored to meet the specific needs of each spouse instead of relying on a judge’s interpretation of state law.

I Don’t Know If My Spouse Agrees To A Divorce. What Do I Do?

The answer is very simple. Hire us to work on your case. Our law firm is willing to go further for you. If you are ready for a divorce but are unsure if your spouse agrees on all of the terms of the divorce, we will sign you to become a client of ours, and then we will negotiate for you.

You must first decide if you want a divorce.

If divorce is not the ultimate choice, an alternative option may be legal separation.

Although a legal separation means you are still married, it does separate some financial issues and they are usually meant to try and work either toward reconciliation or divorce itself.

A husband or wife can have a wide range of reasons as to why they want to become divorced. No matter what, divorce is looked at as a way to start a new chapter and to remove stress from your life.

Some of the most common reasons for divorce include the following reasons:

• A Couple Has Grown Apart
• Problems With Communication
• Extramarital Affairs
• Financial Disagreements
• Addiction To Drugs, Alcohol, or Gambling
• Domestic Abuse
• Lack of Compatibility

The most important thing to remember is that divorce is a legal tool to solve problems within your life. There is no shame in starting a new chapter of your life. Happiness and peace of mind for our clients are what our divorce attorneys at Chicago Family Attorneys, LLC focus on. We want the best for you and your family.

Contested Divorces In Illinois

If spouses are unable to resolve some or all of their disputes, they may need to go to court and address the outstanding issues through litigation and extensive court proceedings.

This process can be time-consuming and costly, but the goal is for the parties to ultimately reach an amicable settlement. Attorneys and litigants will rely heavily on the court system to step in on issues whereby the parties cannot agree. 

Litigation may include the process of formal discovery, motions, and pleadings for immediate issues and pre-trial settlement conferences for recommendations from the judge. If a pre-trial settlement conference is not fruitful, there is a significant chance that a trial may be needed.

If a divorce reaches trial, both sides will present evidence, call witnesses, and make arguments, and the judge will make a final decision on how all matters will be resolved. The marriage will be dissolved at the end of the trial when a divorce judgment is issued.

The Process to Get a Contested Divorce in Illinois

The first step in every divorce should be speaking with a licensed and qualified divorce attorney.

There is no question that divorce is a difficult process to go through. If you hire the right lawyer, the end result can be positive, once you are able to take stock of what is important to you and set objectives for moving forward.

We handle all types of divorces from the simple to the most complicated. We represent women and men, income earners and stay-at-home parents, business owners, and high-asset families.

While the vast majority of divorces are settled through negotiation and pre-trial litigation, if a large-scale trial or hearing is required, we are fully prepared to argue your case in court. Trials are held in front of a judge and juries are not included in marital cases.

We can help you with every aspect of the divorce process including:

• Property division
• Debt division, including mortgages, car loans, credit card bills
• Maintenance, also known as alimony
• Child support
• Allocation of parenting time and parental responsibility
• Mediation

Contact our experienced legal team at (312) 210-9614, or book an appointment online to schedule a consultation.

Petition for Divorce: 

After hiring our law firm for your matter, a contested divorce will start when one of our licensed attorneys files a petition for divorce with the county clerk at the circuit court. Many of the documents you'll need for a contested divorce are the same as those required for an uncontested divorce. 

Gain Service of Process By Summons:

After a petition is filed, the other party must be served with notice of the divorce. This can be done through a private process server or through the Sheriff. Once service has been accomplished in this manner, the other spouse will have to answer and respond to the allegations made in the Petition for Dissolution.

Schedule a Hearing Date: 

After your spouse responds to the petition, or if an attorney files a motion, the court will schedule a court date for a hearing.

Complete a Financial Affidavit:

Each party will have to complete a financial affidavit which is used to identify the parties assets and debts. This may take time for both parties, as it involves gathering bank statements, tax returns, deeds, titles, etc. It's important that each side provide accurate information in this form so the court can make an informed decision about asset division.

It is important for all marital property, personal property, personal debts, marital debt, income, and assets to be outlined clearly to the court and to the opposing party.

Participate in Discovery If Needed:

If there are any issues in dispute, the court may require both parties to participate in formal discovery. This can include interrogatories (written questions) and requests for the production of documents. During this time, each side will have a chance to provide evidence on their behalf.

Judgment of Dissolution of Marriage: 

After the hearing is over, the judge may enter a Judgment of Dissolution of Marriage if they had enough information to make an informed decision. If the judge needs more time, the court will schedule a date in which when the judge has made a decision.

Although you can represent yourself in your divorce, many people involved in a contested divorce choose to hire a lawyer to help them through the divorce and to present their case to the court.

Considerations In Divorce Cases: Child Custody, Orders of Protection, Spousal Maintenance, and Asset Division

The process of divorce doesn't always only encompass divorce. Dissolution of marriage may include many other family law issues.

The IMDMA governs divorce actions in the state and covers issues such as custody, parenting time, maintenance (also known as spousal support or alimony), property division, and orders of protection.

Children in Divorce

When it comes to divorce proceedings involving children, some common considerations are child custody arrangements, child support, a parenting schedule for visitation rights (called “parenting time”), and possible orders of protection if there are allegations of abuse.

Generally speaking, orders of protection occur when one spouse files in domestic violence court or when an attorney brings the action within the domestic relations divison of court.

The court is required to look at the best interests of every child in a divorce matter. That means that the court will consider each parent's ability to provide for the child, any special medical or educational needs of a child, and which parent can best provide a stable home environment.

The best interest of each child in a family law case has become a major issue outlined within the Illinois Marriage and Dissolution of Marriage Act since 2017.

Asset Division in Illinois Divorces

When it comes to asset division in a divorce case, our attorneys will help you identify all marital assets that may need to be divided equitably between the two parties involved. Attorneys also consider whether one spouse is entitled to receive spousal maintenance (formerly known as alimony) from the other partner. 

If a premarital agreement was drafted, it will more than likely outline ways in which property division shall occur. If property was purchased before the marriage, it will also be considered non-marital property and it will more than likely be outlined in the premarital agreement.

Property acquired during the marriage is considered to be marital property and subject to division by the court in a divorce proceeding. This includes both real and personal property such as homes, vehicles, furniture, bank accounts, retirement accounts, etc. Both parties must disclose all of their assets to each other prior to any division being made by the court.

The court will look at several factors when determining how best to divide these assets including the contribution of each party to the acquisition of the asset, the value of the asset at the time of divorce, and other factors related to equitable division.

In some cases, collaborative agreements or mediation may also be used to divide assets in a divorce. This can be beneficial as it allows the parties more control over their property division and gives them the opportunity to negotiate an agreement that works best for all involved.

No matter which process is chosen, all divorces must be finalized by a court order before they are legally recognized in Illinois. The final outcome will depend upon the evidence presented and the individual facts of each case. It is important to have an experienced lawyer who understands the laws surrounding divorce in Illinois to ensure that your rights are protected during this difficult time.

Spousal Maintenance in Illinois Divorces:

In some cases, spousal maintenance or alimony may be awarded by the court. This is dependent on various factors such as the length of the marriage, current income and earning potential of both parties, if there was adultery involved in the divorce proceedings, etc.

The court will also look at if spousal maintenance should be awarded including (1) standard of living during the marriage; (2) duration of the marriage; (3) age and health of the parties; (4) educational background; (5) employability; (6) disparity of income between the parties, and other factors.

If individuals have been married for a certain period of time, they may be awarded permanent spousal maintenance or maintenance payments that are equal to the amount of time the couple was married.

In the event that the other party is still of working age, there may be an agreement whereby one person who has not finished their education may seek tuition assistance or other relief. The point of seeking education assistance for one party is to reduce the financial obligations of a party who would have to pay spousal support. Once the education is completed, the non-paying party will be able to reenter the workforce.

One of the purposes of spousal support is for the lesser-earning party to maintain the standard of living established in the marriage. Some of these terms may also be outlined in a premarital agreement if one was written before the marriage.

Domestic Violence In Illinois Divorces

When there is ongoing domestic violence or allegations of domestic violence in a marriage, orders of protection may also be needed. If domestic violence is present, it’s important to retain an experienced family law attorney who understands how to protect your rights and interests in the divorce proceedings.

At our law firm, we understand the complexities of divorce proceedings and are here to guide clients through each step of the process. We want to ensure that our clients receive a fair outcome in their divorce.

At Chicago Family Attorneys, we are dedicated to providing our clients with the best legal representation possible. We understand that this can be a difficult time for you and your family, and we want to ensure that all of your concerns are addressed so that you can move forward with confidence.

Our attorneys have the right experience to help Illinois families through their divorces successfully. Contact us today by calling (312) 210-9614 or book an appointment online.

Attorney's Fees in Illinois Divorce Cases

Attorney's fees may be paid in several different ways in Illinois divorces. 750 ILCS 5/501 outlines some of the ways that spouses may have their fees paid from the marital estate or from the other spouse in the case. When it comes to divorce proceedings, our attorneys will work with clients to determine the best way for their fees and costs to be paid.

Often, we meet homemakers or spouses that have been unable to work for years and can't afford to hire an attorney. Illinois has created a solution to that dilemma.

In the event that a spouse cannot afford to hire an attorney and they need representation, they may be eligible to receive Equalization of Attorney’s Fees. This is when their spouse will pay the attorney's fees for both parties so that each party has an attorney representing them in the divorce proceedings.

In Illinois divorces, temporary relief for attorney's fees may be sought under 750 ILC 5/508.

501. This section of the law allows spouses to petition the court for payment of attorney’s fees from the other party in order to help pay for legal representation. In order to be eligible for this relief, the petitioner must show that he or she cannot afford the attorney’s fees and that he or she needs access to legal representation in order to have a fair hearing. 

The court will take into account various factors when deciding whether or not to grant such relief, including income, assets, and liabilities of each party. Additionally, any evidence demonstrating financial hardship caused by the divorce proceedings can help support an application for temporary attorney's fees. Once granted, attorneys' fees awarded through this section of law may be paid in a lump sum or as periodic payments.

Contribution hearings may also be allowed before the final hearing in an Illinois divorce case. Contribution hearings are a common aspect of divorce proceedings in Illinois. These hearings allow the court to assess whether one or both spouses have contributed to the economic burden of the marriage, allowing them to decide if financial contributions are needed from either spouse during and after the divorce process. 

In these hearings, the court will look at various factors such as length and type of marriage, income level and history of each spouse, assets, and liabilities, contributions made to any joint property or debts, and other criteria. The court can then weigh these factors in order to determine if one or both parties need to provide financially for the other moving forward. This can be applied to attorney's fees for a spouse.

We understand that divorce proceedings can be lengthy and expensive. Our attorneys are here to assist in any way possible. That is why we are the best divorce lawyers with extensive family law experience in Chicago.

The attorneys at Chicago Family Attorneys, LLC know how important it is to have a strong legal representation and we want to ensure that everyone can access quality legal counsel during their divorce proceedings. Contact the lawyers at Chicago Family Attorneys, LLC today if you need help with equalizing your attorney's fees in Illinois cases.

Illinois Divorce Frequently Asked Questions FAQ:

Can my spouse stop me from becoming divorced?

Since the State of Illinois is a “No-fault” divorce state, means either party can attempt to dissolve a marriage. You do not need approval or consent from your spouse for a divorce to occur.

Why are people called Petitioners and Respondents in divorce instead of Plaintiff and Defendant?

Traditionally, people involved in lawsuits are called Plaintiffs and Defendants. Since the implementation of the Illinois Marriage Dissolution Act, the act has changed over many years, but it has focused on the well-being of families.

The notion of having a Plaintiff and Defendant implies that there is wrongdoing amongst a family and practitioners and lawmakers want the individuals going through the process to ultimately have words that identify them as having no indication of wrongdoing throughout a marital divorce.

Is court like the movies and will there be a jury trial?

No, Court cases in Illinois do not look like movies. Often, Hollywood will try to bolster the drama and suspense in movies. Our cases are not as filled with action. There is not a jury that is involved. Everything is decided by a judge who will hear the matter.

Can I hide money from the courts to try and save money from a divorce?

No. This is never a good idea and attorneys and clients cannot present something that is not truthful to the court.

You may have heard of people trying to hide money in cases, but it never works and it is very unethical. Our law firm focuses on arguing your case based on the facts of the case. Most cases that involve finances are also subject to discovery, financial affidavits, and more.

What are some things I should consider in hiring you to work for me?

There are always some things a potential client should consider when hiring any lawyer.

The first thing that our law firm tries to express to our clients is that you should always look for someone who is knowledgeable about divorce. Our attorneys have managed cases and gained very loyal clients because of the dedication, knowledge, and skills that our talented attorneys possess. This is not just a job for us. This is a career that allows us to help people throughout our community.

The second thing that should be considered is pricing and what you can afford. We do not offer pro bono services. Our attorneys volunteer throughout Chicago, but our law firm specifically does not work for free since we are not a non-profit. If you need assistance in finding a non-profit attorney, there are many resources that you can find through simple online searches.

The majority of our clients either pay an hourly or fixed monthly rate depending upon their case. We regularly work with clients who have an average income that are on a budget, but need to make sure that they have a qualified attorney on their side for proper representation.

The reason that we have such loyal clients is that we try to put our clients at ease by handling their cases effectively.

If you want to get started on the process of divorce, please feel free to book a consultation online or call Chicago Family Attorneys, LLC at (312) 210-9614.