In Illinois, divorce involves the legal termination of a marriage and addresses related issues such as property division and spousal support (alimony). Illinois is a no-fault divorce state, requiring only irreconcilable differences as grounds for divorce. The court divides marital property equitably and may grant spousal support based on factors such as the length of the marriage, each spouse's income and needs, and their contributions to the marriage.
Divorce and Spousal Support: Definitions, Requirements, and Handling
Grounds for Divorce:
Illinois is a no-fault divorce state, meaning that the court does not require proof of wrongdoing to grant a divorce. The only ground for divorce is irreconcilable differences, suggesting that the marriage has irretrievably broken down. To file for divorce, at least one spouse must have resided in Illinois for at least 90 days.
Property Division:
Illinois follows an equitable distribution model for dividing marital property during a divorce. The court considers factors such as each spouse's contribution to the marital property, the duration of the marriage, the economic circumstances of each spouse, and any prenuptial or postnuptial agreements. Equitable distribution aims to divide the property fairly, not necessarily equally.
Spousal Support (Alimony):
Spousal support is a payment made by one spouse to the other during or after a divorce to help maintain the recipient's financial stability. The court may grant spousal support if the requesting party lacks sufficient property to meet their needs, is unable to support themselves through employment, or has made significant contributions to the other spouse's education, training, or career.
Factors considered in determining spousal support include each party's income and needs, their earning capacity, impairment of earning capacity due to domestic duties, the time needed to acquire education or employment, the standard of living during the marriage, the duration of the marriage, age, health, and tax consequences.
Modifying or Terminating Spousal Support:
Either party may request a modification or termination of spousal support if there has been a substantial change in circumstances, such as changes in income, employment status, remarriage, or cohabitation of the recipient spouse. A petition must be filed with the court, along with evidence of the change in circumstances.
Legal Process for Divorce and Spousal Support Representation
A lawyer representing a client in divorce and spousal support matters in Illinois will typically follow this process:
1. Initial consultation: The lawyer will meet with the client to discuss their marriage, assets, debts, income, and goals for the divorce and spousal support.
2. Filing for divorce: The lawyer will prepare and file a petition for dissolution of marriage on behalf of the client, along with any temporary orders for support or property allocation.
3. Service and response: The lawyer will ensure that the divorce petition is properly served on the other spouse and will review and respond to any counterclaims or motions filed by the other party.
4. Discovery: The lawyer will gather information about the couple's assets, debts, income, and expenses through the exchange of financial documents and written questions (interrogatories).
5. Negotiations: The lawyer will attempt to negotiate a fair settlement agreement with the other party's attorney, addressing property division, spousal support, and other relevant issues.
6. Court appearances: If negotiations are unsuccessful, the lawyer will represent the client at court hearings and trials related to the divorce and spousal support.
7. Spousal support determination: The lawyer will present evidence and arguments to support the client's position on spousal support, addressing factors such as the length of the marriage, each party's income and needs, and their contributions to the marriage.
8. Modification and enforcement: If circumstances change after the divorce, the lawyer can assist the client in seeking a modification or enforcement of the spousal support order.
Throughout the process, the lawyer will provide legal advice, advocate for the client's rights, and work to achieve a fair and equitable outcome in the divorce and spousal support proceedings.