With offices in Carol Stream, Geneva, Schaumburg, and Chicago, the family law attorneys at Johnson, Westra, Broecker, Whittaker & Newitt, P.C. handle divorces throughout the suburban Chicago area, helping individuals through the marriage dissolution process while protecting their rights and interests in child custody and other important issues.
The Divorce Process
Either spouse may file for dissolution of marriage in Illinois if that spouse has resided in the state for at least 90 days prior to filing. The divorce must be filed in the county where either of the spouses resides.
A divorce may be based on any number of statutory grounds, such as adultery, desertion, or physical or mental cruelty. Illinois law also recognizes a no-fault ground based upon irreconcilable differences between the spouses. In order to proceed on the no-fault ground, the spouses must have lived apart for two years prior to filing for divorce, although this requirement can be waived by the spouses so long as they have lived apart for at least six months preceding the issuance of the divorce decree. This means that the divorce process will take a minimum of six months to be finalized, but if there are contested issues related to custody, support, or property division, it can take longer than that.
Property Division
Illinois is an equitable distribution state, which means that the marital property will be divided by the court as equally as possible, but in a manner the court deems is fair. The court considers a number of factors in determining what is fair, including the length of the marriage; the income, health, and needs of each spouse; and the contribution each spouse made to the value of the marital estate.
Marital property includes basically all property acquired by either spouse during the marriage, with certain exceptions for gifts, inheritances, and certain other property. Considering the wide discretion given to the judge in distributing marital property, it is very important that every asset be properly characterized as marital or non-marital (separate) property and accurately valued. Characterization and valuation can be quite complicated in large estates or with certain assets such as one spouse’s interest in a pension plan or share in business ownership.
Spousal Support
Spousal support, also known as maintenance, is not awarded in every case. Support may be ordered to be paid by either spouse, and the award may be temporary or permanent. In making an award, the court looks at many factors, including the income and needs of each spouse, each spouse’s present and future earning capacity, the time it will take the receiving spouse to become self-supporting, and whether one spouse contributed to the education, training, or career potential of the other spouse.
Child Custody
When children are involved, the issue of custody is often the most sensitive and difficult issue to resolve. Where the parents cannot agree on the custody arrangement, the court has the discretion to fashion the custody arrangement as it sees fit, with the best interest of the child as the main concern. The court may grant sole custody to one parent alone, or some form of joint custody where the parents share in raising the child. The court has a host of factors to consider in determining custody, including the wishes of the parents and the wishes of the child, the relationship of the child with the parents and any siblings, and the child’s adjustment to the current home, school, and community.
Child Support
Both parents are legally obligated to support the child, and to that end the court will in all likelihood order support to be paid by the non-custodial parent to the custodial parent. The monthly support amount is normally determined according to statutory guidelines which take into account the paying parent’s income and the number of children to be supported. However, the court is entitled to deviate from the support amount if it believes that to do so would be in the children’s best interests.
Why Quality Legal Representation is Essential
As noted above, in every matter to be decided in a divorce, the family law judge has discretion and authority to decide the matter as he or she sees fit. Making sure that your interests are fairly represented means having an attorney on your side who not only understands the law and how to argue persuasively in court, but who takes the time to learn and understand the issues in your particular case, including your interests and desires. You can find that attorney at Johnson, Westra, Broecker, Whittaker & Newitt, P.C., where our goal is to provide the highest level of quality and personal service with integrity and compassion. Contact our office for professional legal advice or representation in your divorce or family law matter.