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Chicago divorce lawyer answers FAQs about divorce in Illinois
November 29, 2020 at 8:00 AM
Chicago divorce lawyer answers FAQs about divorce in Illinois

At the Law Office of Ronald Justin, we understand that those facing divorce in Illinois have many questions about what to expect. You may feel overwhelmed by the legal process, and you are wondering where to even begin.

Our Chicago divorce lawyer has successfully guided many people through the divorce process. Explore our answers to some of the most frequently asked questions about divorce in Illinois.

1. What are the grounds for divorce in IL?

Illinois is a no-fault state, which means you no longer have to prove claims of misconduct, such as adultery or abuse. You can simply file for divorce based on “irreconcilable differences.” In order to be granted a divorce, you’ll need to prove that the irreconcilable differences have caused a breakdown of the marriage, that previous efforts at reconciliation have failed, and that future efforts at reconciliation would be impossible.

Spouses filing for divorce in Illinois are also required to have lived "separate and apart" continuously for 2 years. However, this doesn't require having separate housing. If you resided in the same household, but you lived as if you were separate and apart, then this would meet the requirements.

You may waive this 2-year requirement if you and your spouse lived separate and apart continuously for at least 6 months, and if both parties agree to the waiver in writing.

2. How much does it cost to get divorced?

The total cost for a divorce in Illinois varies. In general, uncontested divorce cases cost less, and contested cases that take longer to resolve will cost more. Potential costs include: court filing fees, costs for depositions and mediators, attorneys fees, and more.

3. Am I entitled to spousal support? Will I be required to pay spousal support after my divorce?

Whether or not someone will receive spousal support (or have to provide spousal support) depends on a number of different factors. By hiring a divorce lawyer in Chicago, you can build a stronger case for yourself, depending on the facts of the case.

Before making a determination, the court will consider many things, such as:

  • The income of each party and their needs.
  • The age and health of each party.
  • The earning capacity of each party.
  • The standard of living that was established during the marriage.
  • The duration of the marriage.
  • Whether either party’s earning capacity was affected due to domestic duties, or foregoing career opportunities due to the marriage.

4. Can I get an annulment in Illinois instead of a divorce?

While an annulment and a divorce can both legally end a marriage, annulment can only be used in certain circumstances. In the state of Illinois, you can file for an annulment if:

  • Either spouse lacked the capacity to consent to marriage.
  • Either spouse is not capable of consummating the marriage, and the other party was not aware at the time of marriage.
  • Either spouse was under the age of 18.
  • The marriage was prohibited by law, due to the couple being closely related to each other, or the marriage was entered into fraudulently.
  • Either spouse was already married.

5. How long does it take to get divorced in Illinois?

If you’ve already met the waiting-period requirements, getting divorced in Illinois can take as little as a couple months for uncontested cases. If there are issues during the divorce process that you and your spouse do not agree on, such as spousal support or child custody, this can significantly delay the process. Hiring a divorce lawyer in Chicago can help you and your spouse come to a fair resolution as quickly as possible.

Speak with a divorce lawyer in Chicago today

The Law Office of Ronald Justin is a leading choice for those seeking a divorce lawyer in Chicago. Our legal team offers experience you can rely on and a client-focused approach that will give you peace of mind.

Contact us today to schedule a consultation.