Frequently Asked Questions About Divorce
If you are facing divorce, or even just thinking about it, you probably have many questions. Illinois law regarding divorce, known in legal terms as dissolution of marriage, can be quite complicated and confusing. At Caesar & Bender, LLP, we know that having a trusted legal guide to explain the process not only helps you understand what is happening, but also allows you to make better-informed decisions about your future. A few of the questions we commonly hear from clients include:
Do I Need To Have Grounds For The Divorce?
Illinois is a “no fault” divorce state and, therefore, the law does not require grounds for filing for divorce. The only basis to obtain a divorce in Illinois is “irreconcilable differences”, which is defined as the “irretrievable breakdown” of a marriage.
How Will We Divide Our Property?
In Illinois, all property and debt that a couple acquires during their marriage is presumed to be marital property or debt. Illinois is an “equitable division” state. This does not mean that marital property and debt will be divided equally between the spouses. Instead, the court will equitably or fairly divide that property and debt in a divorce based on several factors. Each spouse will also receive his or her non-marital property, which includes, but is not limited to, property acquired before the marriage, property acquired by gift or inheritance, and all property excluded by a prenuptial agreement.
Who Gets Custody Of Our Children?
For divorcing couples with children, custody issues may cause the most concern of any matter. The court looks at many factors when deciding custody questions, though the overarching principle is to do what is in the best interest of the child.
Do We Have To Go To Mediation?
In most Illinois divorce cases, the court will order you to attend mediation, primarily if your case involves children. The court may not order mediation if there is a safety concern, such as in a domestic violence situation.
Who Will Pay Child Support?
To determine child support in Illinois, there is a formula based on the number of children, the net income of each parent and the number of overnights that each parent spends with the children. If one parent has less than 146 overnights with the children each year, that parent will be required to pay child support to the other parent. If each parent exercises at least 146 overnights with the children each year, child support will depend on the specific parenting schedule and each parent’s net income.