What Legal Matters Need to Be Considered in a Divorce?

The legal aspects associated with a dissolution of marriage are significant and typically include: Living and housing matters Child custody and support issues (including child custody, parenting time, and child support) Asset division Property division Business ownership and business division Debt division/responsibility Spousal Maintenance

Is There a Waiting Period to Get a Divorce in Illinois?

In Illinois, a couple must either be separated for six months before filing for divorce or mutually agree to waive the waiting period.

Is Illinois a Fault or No-Fault Divorce State?

In 2016, Illinois became a no-fault divorce state under Public Act 99-90. Different states take different approaches to divorce proceedings. Some are “no-fault” states, meaning that parties can get divorced without a separation period by simply stating they no longer wish to remain married. In contrast, in “fault-based” states, individuals must show that their spouses engaged in wrongdoing.

Is Illinois a Community Property State?

No. In community property states, all marital assets are divided equally. Illinois is not a 50/50 asset division state. Instead, the law calls for an equitable distribution of assets, meaning courts will consider various factors when determining how to divide property fairly.

What is the Difference Between Legal Separation and Divorce?

A legal separation, like a divorce, is a formal court proceeding that can resolve issues such as spousal maintenance, child support, and the allocation of parenting time and responsibility while the parties live separately. However, unlike a divorce, a legal separation does not permanently end the marriage and allows for the possibility of reconciliation. If reconciliation does not occur, the ultimate divorce may be less contentious and costly because many of the issues surrounding the divorce have already been resolved in the previous court proceeding.

What is Marital Property in Illinois?

In Illinois, marital property is generally defined as any assets acquired by either spouse during the marriage. These assets are subject to division by the court during a dissolution proceeding. However, there are exceptions to this rule. Assets received by a spouse as a gift or inheritance during the marriage are considered that spouse’s non-marital property and may not be subject to division by the court during a divorce. This distinction is important as it helps determine which assets will be divided between the spouses and which will remain the sole property of one spouse.

What is a Marital Settlement Agreement?

An Illinois Marital Settlement Agreement (MSA) is a legally binding document that outlines the terms agreed upon by spouses during a divorce. This agreement addresses various aspects of the dissolution of marriage, including the division of marital property and debts, spousal maintenance (alimony), child custody and visitation arrangements (allocation of parental responsibilities and parenting time), and child support. The MSA is intended to resolve all issues related to the divorce amicably, allowing both parties to avoid a prolonged court battle. Once both spouses have agreed to the terms and signed the document, it is submitted to the court for approval. If the court finds the agreement fair and reasonable, it will be incorporated into the final divorce decree, making its terms enforceable by law.

If the Court Awards Spousal Maintenance, How Much Will I Receive?

The Illinois Marriage and Dissolution of Marriage Act provides a formula for calculating the amount and duration of spousal maintenance if it is awarded. The amount is determined by taking 33 ⅓% of the paying spouse’s net income and subtracting from it 25% of the receiving spouse’s net income. However, if this calculated amount, when added to the receiving spouse’s net income, results in the receiving spouse having more than 40% of the parties’ combined net income, the maintenance amount will be reduced accordingly. For example, if Spouse B has a net income of $100,000 and Spouse A has a net income of $40,000, Spouse B would be the paying spouse, and Spouse A would be the receiving spouse. Calculating 33 ⅓% of Spouse B’s net income gives $33,333.33, and 25% of Spouse A’s net income is $10,000. The maintenance amount would be $23,333.33 ($33,333.33 minus $10,000). However, their combined net income is $140,000, and 40% of that is $56,000. If Spouse A received the full $23,333.33 in maintenance, they would have $63,333.33, which exceeds the 40% maximum. Therefore, Spouse A’s maintenance would be reduced so they do not receive more than 40% of the combined net income. In this case, Spouse A’s maximum allowable income is $56,000, and since they earn $40,000, the maintenance would be reduced to $16,000. The duration of spousal maintenance payments is determined by a table that multiplies the length of the marriage by a factor that increases as the marriage duration increases. Essentially, the longer the marriage, the closer the duration of the maintenance payments will be to equalling the length of the marriage. For marriages lasting 20 years or more, maintenance payments may continue for a duration equal to the length of the marriage or indefinitely.

Rockford Divorce Lawyer & Illinois Divorce Attorney James Teeter, Jr.

At your wedding you and your spouse not only entered into a new relationship as Husband and Wife, but you also entered into a legal contract – that of marriage. If you are contemplating or facing a divorce, you need to understand how Illinois law governs the termination of a marriage and what property and other rights you have. Our law firm specializes in family law, including divorce, child custody, and other related legal matters. Our law office provides legal representation and guidance for clients experiencing divorce, offering strategies to resolve legal issues and advocating for your interests in family law matters.

As a Rockford divorce lawyer, I can help you understand and work to tenaciously protect your rights and objectives, including those relating to property division and debt division, child custody and parenting time, spousal support and alimony or maintenance. I can help you with all of these issues whether your divorce is amicable or contested.

If you are thinking about seeking a divorce, have already started the process, or were served divorce paperwork, I invite you to call my office at 815-904-6246 to schedule a free consultation to learn more about how I can guide you through this challenging process.

As a Rockford divorce attorney with years of experience, my mission is to provide Northern Illinois clients with the support, guidance, and legal advocacy in identifying and seeking to achieve their objectives in divorce, property division, spousal support, child support, and related matters.

For most aspects of the divorce process, including property division, courts are unwilling to revisit issues that have already been resolved. As such, it is critical to retain an experienced divorce attorney who can zealously advocate for your rights and tenaciously fight for the best result possible from the outset.

We serve clients in Rockford and the surrounding communities, including Loves Park, Machesney Park, Cherry Valley, Durand, Pecatonica, Caledonia, Poplar Grove, Belvidere, Roscoe, Rockton, South Beloit, Candlewick Lake, and Boone, Ogle, Stephenson, and Winnebago Counties.

Looking For A Top-Rated Divorce Attorney? Rockford Family Law Can Reduce Stress and Help You Take Back Control.

If you are contemplating divorce or have been served with divorce papers, you are likely looking for the best divorce attorney to help navigate the challenges associated with the termination of a marriage. At Rockford Family Law, our experienced family law attorney can help reduce the stress of your divorce by taking on the full responsibility for handling legal issues and by explaining how the law applies to your case and how the Court process works.

I start by learning the facts and circumstances of your situation, which includes gathering appropriate documents and asking the right questions so that I can accurately assess the financial situation of your marriage. As an Illinois divorce lawyer, it is my duty to uncover issues you may not have thought to raise. I will listen to your objectives and provide you with an honest assessment of the likely outcomes you face and the options you have.

How I Can Help You Seek Your Objectives

Divorce typically entails resolving matters relating to assets, property, debts, child custody, and support; however, it does not need to be highly contentious and filled with acrimony. Instead, it is advisable to turn to a top-rated divorce lawyer who can help ease your burden and zealously advocate for your best interests.

My focus is on getting the best outcome possible for clients based on their objectives and Illinois law, as well as developing a pragmatic and cost-effective plan for reaching an agreement on critical aspects. I have extensive experience in handling various family law matters such as child custody, support, and property division. In some cases, it may not be possible to reach a consensus. If this occurs, I will not hesitate to bring a case before an Illinois family court in seeking a favorable and just outcome. Together, we will develop a strategy for getting you the best outcome possible.

If You Are Looking for an Experienced Lawyer for Divorce, Call Today to Schedule a Free 30 Minute or Paid 90 Minute Consultation.

At the outset of a divorce, most individuals have many questions regarding the process. As a Rockford attorney for divorce, I can guide you through the critical matters you should consider, including:

Explaining the divorce process and your rights under Illinois law;
Helping you understand how divorce courts typically define separate and marital property;
Detailing the economic questions, you should be asking;
Assisting in creating an accounting of your support and living expenses;
Negotiating custody and visitation matters;
Determining if a lump-sum settlement will meet your long-term needs;
Handling all legal filings;
Negotiating spousal maintenance; and
Zealously advocating to protect your rights and livelihood.

Divorce is a challenging process that affects just about every part of a person’s life, impacting everything from financial stability to an individual’s relationship with their children. Due to these high stakes, it is vital to have a top-rated divorce lawyer by your side who can tenaciously fight to protect your interests, assets, family, and rights. Our expertise in divorce law covers related issues such as child support, spousal maintenance, and property division.

Let Experienced Rockford Divorce Attorney James Teeter Advocate for You!

No matter the circumstances surrounding your divorce, I stand ready to guide you through every step of the process. Our experienced family law attorney provides personalized attention and assertive advocacy to address a range of family law issues, including child support, custody disputes, adoptions, maintenance awards, annulments, and paternity matters. If you would like to learn more about how Rockford Family Law can help in your divorce, please call our office to schedule a complimentary 30 minute or paid 90-minute consultation to learn how we can help you take back control of your life. I also encourage you to read the following to learn about the most frequently asked questions that divorce clients ask.