Understanding the Key Elements of Divorce in Illinois

There is a lot more to just deciding to dissolve your marriage and signing the papers in an Illinois divorce. Spouses have to settle several important matters that are an integral part of every divorce proceeding. In Illinois, it is also referred to as Dissolution of Marriage, and has both fault and no-fault grounds of divorce. While the decision of ending the marriage is difficult enough, going through the entire process is more challenging. It is important to understand the essential elements of a divorce in order to make well-grounded decisions.

Alimony

Also known as spousal support or spousal maintenance, it refers to the amount of money one spouse may have to give the other spouse in order to provide monetary support them after divorce is finalized. The court may give permanent or temporary orders of maintenance based on financial needs, income and property, and earning capacity of each spouse. While Illinois family courts consider some fault grounds, such as felony conviction and adultery, allegations of such faults don’t have any impact on the amount of alimony.

Division of Property and Debt

In Illinois divorce proceedings, the property and debt accumulated over the course of marriage are subject to equitable distribution. They are divided between the spouses equitably, instead of equally, and this division is determined based on numerous factors, such as:

• The length of the marriage
• The contribution of each spouse in acquiring and preserving marital assets and debts
• The financial situation of each spouse and their earning capacity
• The tax consequence of division
• Age, occupation, health, education, and source of income of each spouse
• The future possibilities for income of both spouses
• Obligations from prior marriages

The court will not consider any marital misconduct, such as domestic violence, while deciding the property and debt division.

Child Custody

For child custody, now known as assignment of parental responsibilities, the court will make decision based on what is in child’s best interest. It will look at several factors, such as monthly income, living conditions, employment the relationship of each parent with the child, the wishes of the child, the possibility of domestic violence from either parents, and the physical and mental health of everyone in the family. Moreover, the judge will also consider the child’s age, health, and any special needs, and each parent’s ability to meet those needs.

Child Support

According to the Illinois Compiled Statutes 750 ILCS 5/505, child support is calculated based on the total number of children during the marriage and the monthly net income of non-custodial parent. The criteria for calculating child support are shown in the following chart:

The judge may decrease or increase the relative amount based on the standard of living the child is used to before divorce and needs and financial resources of the child and the custodial parent.

Divorce is a taxing phase, which involves a lot of intricacies and complex decisions. It is best that you work with an experienced family law attorney to navigate through the divorce process and help you achieve the desired outcomes. Contact the Law Office of Fedor Kozlov, P.C. today at (847) 241-1299 to schedule a free initial consultation.