Chicago Divorce Lawyers
Divorce and other family law matters are extremely personal and sensitive issues requiring the services of a lawyer you can trust. How these legal issues are managed can have a significant impact on your life, including the lives of your children, your marital property and debt, and other financial areas. They commonly cause dispute between spouses accompanied by emotional turmoil, from anger and resentment to loss and anxiety. At such a time, it is essential that you turn to the guidance of a law firm that has the experience, skills, and dedication that you need and deserve as you work through this family crisis.
Our legal team at Angelini, Ori + Abate brings a wealth of experience and personalized attention to your divorce and the issues it involves. As accomplished trial lawyers, our Chicago divorce lawyers know how to prepare cases based on the individual circumstances and dynamics of your family. We take extreme care to help you achieve favorable results aligned with your needs and goals, whether it involves resolving issues outside of court or going to trial when these methods fail or are not in your best interests.
Divorce in Illinois is formally called “dissolution of marriage.” Illinois divorce is based on irreconcilable differences, commonly referred to as “no-fault.” In a no-fault divorce, you do not have to prove any type of marital misconduct in court in order to legally end the marriage. No-fault means that the marriage has irretrievably broken down with no chance of reconciliation. You can also file for divorce after you and your spouse have continuously lived separate and apart from one another for six months.
Despite the fact that proving fault is not required to obtain a divorce, you and your spouse still must resolve any differences you have concerning parenting responsibilities and time-sharing, how to divide your marital property and debts, child support, and whether alimony will be provided to one or the other. Where you have come to an agreement on these matters which you can present to the court, it is referred to as an uncontested divorce. Where you cannot agree on one or more of these issues, it becomes a contested divorce that a judge will need to decide.
To begin the divorce process, either you or your spouse must file your divorce petition in the Illinois county in which you live. Once the other spouse responds to the petition, a judge can grant your divorce within 90 days. Contested divorces will take longer due to the need for court hearings over contested issues.
Illinois courts refer to child custody as parental responsibilities which includes the legal authority to make major decisions concerning the child as well as how parenting time will be divided. These two aspects of parental rights may be granted on a joint or sole basis, depending on the facts of the case. Illinois courts operate on the principle that joint custody is best for children unless a reason exists that puts the child at risk.
The division of marital property and debt is called “equitable distribution.” It is based on a division that courts consider fair and just. It does not necessarily translate into an even split. Many factors can affect how courts decide or approve this matter.
Child support is determined by state guidelines. Alimony is determined on a case-by-case basis; it is not automatic and must be part of the divorce petition to the court.
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