While it is hoped you never have to go through the emotional and financial stresses that divorce brings, if you do, you need the strongest legal advocate available in your corner. Your Crystal Lake divorce will begin when either you or your spouse files a Petition for Dissolution of Marriage. This petition is prepared and filed by your divorce attorney; an attorney from Vaclavek Hartman Vaclavek can help you through this difficult time, ensuring your future is taken care of, and that the outcome of your divorce is the best possible outcome available.
Once your Crystal Lake Complaint or Petition has been filed with the court, a summons will be issued to your spouse. Illinois has removed fault from divorce, so the grounds will be “irreconcilable differences” regardless of the circumstances which led you to us. McHenry County is similar to other counties in Illinois as far as filing requirements go. You must meet residency requirements with either you or your spouse having lived in the area for 90 days. The length of time it takes for your divorce to become final will depend on your unique circumstances.
How Long Do You Have to Live in Illinois Before You File for Divorce?
90 days preceding the date of filing. However, if your spouse or your children do not reside in Illinois, you should consult your attorney before determining the proper filing protocol, as your case could be moved to the jurisdiction where they reside. By the time your divorce is final, you and your spouse must also agree that you have lived separate and apart, as husband and wife, not necessarily in separate homes, as a condition of the divorce.
How Long Does It Take to Get a Divorce in Illinois?
There are many issues that will determine how long it will take for your divorce to be finalized. If you and your spouse are in agreement about the divorce, it will take less time and if you are not in agreement and must make many decisions regarding child custody and division of assets, it will likely take much longer. A divorce that is absolutely uncontested could be completed in 60 days or less, while a contested divorce could take well over a year.
How is Marital Property Divided in an Illinois Divorce?
Illinois is an equitable division state rather than a community property state. In a community property state, assets are divided 50/50, regardless of any extenuating circumstances. In equitable division states, assets are divided fairly, but not necessarily equally. Property to be divided will usually be anything acquired by either spouse after the marriage took place. It rarely matters whose name the property is titled in—if the property was purchased after the marriage occurred, it is generally considered marital property. On the other hand, if you owned something prior to your marriage or inherited something during your marriage, that may not be subject to equitable division and classified as non-marital property. You should consult the attorneys at Vaclavek Hartman Vaclavek to determine whether you have preserved your non-marital property.
If you and your spouse are unable to come to an agreement regarding the division of property, an Illinois Judge could end up making those decisions for you, by considering the following factors:
- The economic circumstances of each spouse;
- The contributions made by each spouse during the marriage;
- How long you were married;
- Obligations either spouse has from a prior marriage;
- The age, occupation, vocational skills, income, health, liabilities, employability, and needs of each spouse.
- The arrangements regarding child custody;
- The tax consequences of the property division, and
- How likely it is that each spouse will acquire income and assets in the future.
What About Spousal Support in an Illinois Divorce?
There are many factors to be considered when a judge is determining whether one spouse may be entitled to spousal support, including:
- the income and property of each party;
- the needs of each party;
- the realistic present and future earning capacity of each party;
- the time necessary to enable the party seeking maintenance to support themselves through appropriate employment;
- The effect of any custody arrangements;
- The standard of living established during the marriage;
- The length of marriage;
- All sources of income;
- Tax consequences to either party
- Contributions of each party to the other’s current employment circumstances;
- Any valid prenuptial or postnuptial agreement of the parties.
If both spouses are self-supporting, then even if one spouse earns significantly more, the judge may choose to award no alimony.
How an Attorney from Vaclavek Hartman Vaclavek Can Help You Through Your Illinois Divorce
Going through a Crystal Lake divorce is tough—even when both spouses are in agreement about the divorce, there are still emotions involved. When there is contentiousness regarding every aspect of the divorce, it becomes even tougher. The highly-skilled, experienced, compassionate Crystal Lake divorce attorneys at Vaclavek Hartman Vaclavek can help you through this difficult time in the very best way, ensuring your rights and your future are properly protected. Our attorneys consider you, the person, ahead of anything else; you are never a case number at Vaclavek, Hartman Vaclavek. We will be by your side from start to finish, fighting to give you the ability to start a new chapter in your life. Contact Vaclavek Hartman Vaclavek, P.C. today!