5 Must-Know Tips for an Illinois Divorce

 Posted on March 02,2022 in Divorce

The process of filing for a divorce can be complicated, time-consuming, and expensive. The decision to dissolve a marriage can be extremely difficult for all members of the family. However, there are ways to ensure that a divorce is as easy as possible. Below are five must-know tips if you are looking to file for a divorce in the state of Illinois

Do Not Point Fingers 

The state of Illinois is considered a “no-fault” divorce state. This means that despite any wrongdoing from your partner, there is no at-fault party, and the divorce proceeding will focus on an equitable division of property and a workable parenting plan, if applicable. Do not waste time compiling information on any poor behavior from your partner including cheating or abandonment. The judge will not consider any of these circumstances when deciding on the issues of your divorce

The only exception to this rule is if your partner was abusive. If your partner has a history of being abusive towards you, your children or others, including a criminal record, this information may be factored into determining custody of children and other aspects of the divorce.

Divide Property Up Front 

One of the most contested aspects of divorce is the division of shared marital property. Contested divorces may lead to mediation tactics or litigation in court, which is expensive and can take months to years to work through. It is important to discuss how property will be divided with your partner before filing for divorce. This will allow both partners to work through property division privately and come to an agreement without having to fight it out in court.  

Discuss Debt 

Couples discussing asset division often overlook the division of debt. Debt includes any outstanding obligations from a mortgage, car payments, credit cards, student loans, or insurance. In Illinois, married couples share debt unless it is explicitly stated that the debt only belongs to one partner. For example, a student loan payment that a partner accumulated before getting married belongs only to that one partner. However, a mortgage payment where both partners lived in the home will be the responsibility of both parties after divorcing.

Decide Where You Will Live 

Many lifestyle changes follow a divorce. From moving into a new home or choosing to relocate to a new state, it is important to talk to your spouse about where both of you will live once the divorce is finalized. It can be difficult to relocate once a divorce decree has been set, especially if you and your spouse intend to share custody of children. Your partner can contest a relocation to a new city or state depending on the distance. If a move will interfere with one or both spouses’ abilities to uphold the divorce agreement, a judge can deny a relocation. If you intend to relocate after your divorce, it is a good idea to run this by your partner first so you can create a divorce agreement that keeps a move in mind

Determine Custody Agreements 

To make a divorce fast and easy, it is a great idea to sit down with your partner and figure out a custody agreement before your divorce goes to court. Create a schedule and division of parental responsibilities that allows both partners time with the children. Parental responsibilities include child custody, parenting time, child support payments, spousal support payments, and how the children will maintain a relationship with both parents following the divorce.

Find a Wheaton Divorce Attorney 

At Hensley Sendek Law, our DuPage County divorce lawyer Jessica Sendek has substantial experience helping couples through divorces, separations, and other legal family issues. If you are looking to separate or divorce your partner, contact our office for a free consultation by calling 630-358-9029 today

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59