Divorce Lawyers – Serving Gurnee & Lake County, Illinois
Divorce is a particularly difficult legal issue to handle. It is, by its very nature, fraught with anxiety and stress, and tends to lead to emotions running high. This, in turn, can make it a difficult conflict for individuals to face in court. This is especially true if children are involved, however it holds true even if they are not. If you considering filing for divorce or are already moving through the divorce process in Illinois, it is important that you reach out to an experienced attorney for help. They can make sure that your interests are protected in court while you try and move through this difficult period in your life.
What kinds of things are grounds for divorce in the state of Illinois?
There are a few different ways that you can file for divorce in Illinois. The first is a no-fault divorce. This is the reason you cite when both individuals want to divorce, or you simply don’t believe that either spouse was particularly at fault for the divorce in question. There are different options to choose if you don’t believe this to be true.
If you think that your spouse is at fault for your divorce, then you can file specifically for an at fault divorce. This is the reason you choose when your spouse has done something that leads to divorce. This doesn’t mean that anything can be cited as the reason, of course. There are a few specific issues that are traditionally cited as grounds for an at fault divorce. The first is cruelty. This is defined as actions that inflict unnecessary physical or emotional pain upon your spouse. Cruelty is often cited as a grounds for divorce. Other potential options include adultery, desertion, one spouse being confined to prison for a certain amount of time, and impotence (assuming the issue was not disclosed before the marriage).
Note that if both parties involved in divorce proceedings are at fault, the court will typically select the party they believe is least at fault and find in that individual’s favor. Note that divorce under the at fault ground could potentially be prevented by the accused spouse if they can successfully show the court that they are not, in fact, at fault. If they are able to do this, then the court could find that there are no grounds for divorce. If this is a route you are hoping to take, it is imperative that you reach out to an attorney immediately to ensure that you receive the adequate legal representation necessary. This is not an easy route to take and attempting to handle it on your own is a poor idea.
Finally, if you have been separated from your spouse for at least 24 months, you can file for divorce based on that period of separation.
Child Support and Child Custody
If you are going through a divorce, you might find that issues are even more overwhelming than they might otherwise be if children are involved. Instead of simply dividing your own property and finances between the two former spouses, there are suddenly many more factors that must be considered with regard to the well-being of the child or children in question. The two main issues that the court must determine in these instances is custody, or division of parenting time, and child support. If you are hoping to obtain as much parenting time as possible, you should reach out to an attorney who understand Illinois divorce law and can help.
Child custody and child support are influenced by a number of factors. In general, the court tends to believe that the child is best served by having continuing access to both parents. With that in mind, parenting time is often divided as equally as possible. Child support is based, among other things, on your income and the amount of parenting time you receive. If you only have visitation with the child and the other parent has primary custody, then you can expect to pay more in child support than you would if both parents split custody equally. This is another area of the law where it is immensely helpful to have an attorney to help guide your decisions and actions.
Spousal support in Illinois is based upon factors that are not actually related to marital misconduct or fault. Instead, the courts keep things like the following in mind:
- Future and Current Earning Capacity
Proving that your spouse is at fault for the divorce doesn’t increase your chances of obtaining spousal support, in other words. An attorney can give you more detailed information.
If you are facing a divorce in Illinois, you should reach out to the experienced attorneys at Nutshing and Cavanaugh. Our legal team understands how difficult this time can be and are ready to offer you the very best care and legal representation possible. Contact us today for a free initial consultation!
Contact us today
Nutschnig & Cavanaugh, 4017 Old Grand Ave, Gurnee, Illinois 60031