Divorce is relatively common. According to official state data, approximately 40 percent of marriages in Illinois end in divorce. Of course, divorces are never easy. Even in the best of circumstances, there are many complicated emotional, legal, and financial challenges that must be addressed. You are not alone. If you are going through a divorce or contemplating one, you need to be certain you have the best divorce attorney advocating for you.
I am a partner at Harrison Held, LLP and a highly rated divorce lawyer in Chicago with more than 30 years of experience representing clients in Chicago, Cook County, and throughout the entire region. Finding the solution that best protects your rights and serves your interests is my top priority. Call my Chicago office today at (312) 621-5234, or reach out to me directly online to set up a completely confidential initial family law consultation.
WHAT TO KNOW ABOUT DIVORCE LAWS IN ILLINOIS
As you are preparing for and entering the divorce process, it is imperative that you have a basic understanding of the laws, rules, and regulations that will affect your rights and govern your case. Here are some of the key things that you should know about the Illinois divorce laws in 2020:
- Eligibility for Divorce in Illinois: To file for divorce in Illinois, you must satisfy the state’s residency requirements. At least one (or both) spouses must have lived in Illinois for at least 90 consecutive days before filing the case or entry of a divorce decree. You can file in the county where either partner resides.
- Grounds for Divorce in Illinois: Illinois is a no-fault divorce state. Previously, you could separate on fault or no-fault grounds. You do not need to prove that your spouse did anything wrong to be eligible to file for divorce. With a no-fault divorce, you can simply assert the irretrievable breakdown of the marriage.
- Contested Divorce vs. Uncontested Divorce: Divorce cases fit into two broad categories. The first, a contested divorce, is a case where the separating couple needs a court to weigh in on at least one issue. With the second, uncontested divorce, the couple is able to reach a pre-trial settlement on all relevant issues.
- Equitable Property Distribution: Property division is one of the most complicated and contentious issues in a divorce case. Illinois uses the equitable property division standard. Under the law, marital property is divided “equitably”—meaning a 50-50 split is not guaranteed. Notably, non-marital property (individual property) is not subject to distribution in divorce.
- Best Interests of the Child Standard: For parents, going through a divorce can be especially challenging. Our state uses the best interests of the child standard to determine the allocation of parental responsibilities and parenting time. In crafting a custody/visitation arrangement, a court must determine what is best for the child’s health, safety, emotional well-being, and social development.
YOU CAN TRUST CHICAGO DIVORCE LAWYER MICHAEL C. CRAVEN
I have decades of experience handling divorces in Illinois. With previous work experience as a Certified Public Account and tax lawyer, I am uniquely qualified to help clients navigate the financial complexities of divorce. Some of the top reasons clients trust me to guide them through what is often the most difficult time of their lives are:
- FIERCE ADVOCATE: Making the decision to divorce is extremely difficult and very stressful for you and your family. Selecting the right divorce attorney for you is critical and can make all
the difference in the outcome. You need an attorney on your side who is strategic, a skilled negotiator, and an aggressive advocate when required. Many divorce cases settle without a trial. However, if your divorce case is complicated and it becomes necessary to go to trial, you need an attorney who is experienced in the courtroom. I am well versed in handling negotiated settlements and have also earned numerous favorable divorce decisions in court. - CRITICAL-DECISION MAKER: Divorce is an emotional time for all involved, but it is also a time when many critical decisions must be made. These decisions often carry long-lasting implications regarding children, property settlements, and shared assets. It can be difficult to make level-headed decisions while going through a divorce; some of which may need to be made quickly. As a result, it is critical that you choose an advocate who can calmly guide you through each decision. I understand what is at stake and have been involved in countless divorce cases. My goal is to help my clients make smart, clear-headed decisions and ensure no detail — large or small — is overlooked.
- COMPASSIONATE ADVISOR AND CAPTAIN OF YOUR TEAM: Divorce often includes many complexities involving family dynamics. I help my clients make decisions based on facts rather than emotion. I work to take as much of the stress of the divorce off of my clients as possible. I approach every case with an open mind and open ears so that I can best meet my clients’ individual needs.
the difference in the outcome. You need an attorney on your side who is strategic, a skilled negotiator, and an aggressive advocate when required. Many divorce cases settle without a trial. However, if your divorce case is complicated and it becomes necessary to go to trial, you need an attorney who is experienced in the courtroom. I am well versed in handling negotiated settlements and have also earned numerous favorable divorce decisions in court.WE HANDLE THE FULL RANGE OF DIVORCE CASES IN ILLINOIS
As an experienced Chicago divorce attorney, I will help you navigate the divorce process and you will be in good hands. I will work together with you to make the best decisions that will help have a positive impact on your case and your life. I am experienced in a wide range of divorce processes, including:
- Traditional
- Litigated
- Uncontested
- Contested
- Mediation
- Collaborative
- Cooperative
I understand that every marriage (and every divorce) is different. Most separating couples want to find an efficient, cost-effective, low-conflict solution that helps to preserve relationships and their money. I am always ready to help people work towards solutions. At the same time, I am a trial-tested family law attorney who has advocated aggressively for clients in contentious, high-conflict divorce cases. You deserve personalized attention. I will put in the time and resources to understand your case, your circumstances, and your objectives so that you can find the best path forward.
DIVORCE IN Illinois: FREQUENTLY ASKED QUESTIONS (FAQs)
How to Prepare for a Divorce in Illinois
Uncertainty is one of the most stressful parts of a divorce. With proper preparation, you can rest easier knowing that your rights and interests are properly protected. A good first step is setting up a confidential, comprehensive consultation with an experienced Chicago divorce lawyer. In addition, you can prepare for divorce by:
- Setting clear goals/objectives
- Taking a future-focused mindset
- Gathering financial documents and records
- Making a list of your assets and liabilities
- Writing down important family information, including any related to your children
How Does the Divorce Process in Illinois Work?
To initiate the divorce process in Illinois, you must file a Petition for Dissolution of Marriage. From there, your Petition will be formally served on your spouse by a process server or the Sheriff; or sent informally with the goal that your spouse will voluntarily hire a lawyer. Under Illinois law, divorces are now handled on no-fault grounds. A no-fault divorce means that the court will not assign blame. Before a divorce is finalized, all relevant issues—from property division to child custody—must be fully resolved.
What Court Handles Divorces in Chicago?
In Illinois, divorces are handled at the county level. In Chicago and throughout Cook County, a divorce should be filed with the Circuit Court of Cook County. If you have any specific questions about where you should file or what steps you need to take, please do not hesitate to contact our Illinois divorce lawyer for help. In some situations, a case may be properly filed in more than one locale; if so it’s important to learn if you should file first in order to pick a favorable jurisdiction.
Should We Get a Legal Separation or a Divorce?
In Illinois, you may be eligible to get a legal separation instead of a divorce. Although legal separation is uncommon, it may offer some potential benefits. It can be used as a trial run for divorce or it could be used by a couple who has a personal aversion to divorce. Our Chicago family lawyer can help you determine if legal separation is right for you and your family.
Should I Get a Divorce?
There are many reasons for divorce—as difficult as it is, separation is the right decision for some couples. Still, this is a deeply personal question. Even the best divorce attorney in Chicago cannot answer this question for you. A divorce lawyer will help you understand your rights, and your options, and make sure your divorce is done properly.
CONTACT OUR CHICAGO DIVORCE LAWYER FOR A CONFIDENTIAL CONSULTATION
Michael C. Craven is a highly rated divorce lawyer in Chicago If you have any questions about divorce, we are here to get you answers. Contact us now at (312) 621-5234 to arrange your strictly confidential initial consultation. With an office in Chicago, we handle divorce cases throughout the entire Chicagoland area.
