Divorce Lawyer in Schaumburg, IL
In 2013, 29,331 divorces and annulments occurred in the state of Illinois. In the same year, 8,313 divorces and annulments occurred in Cook County alone. Moreover, the Heritage Foundation has reported that each year over one million children suffer from the negative effects of a divorce. A divorce in any context is a serious legal matter that should never be approached without the guidance of a legal professional.
Requirements for Divorce in Illinois
The requirements for a divorce, which is also referred to as a dissolution of marriage, under Illinois law are codified in the Illinois Marriage and Dissolution of Marriage Act. In 2016, a revision to this act made Illinois a “no-fault” divorce state. Meaning, in order to have grounds to file for a divorce, a spouse is only required to demonstrate that irreconcilable differences have caused an irretrievable breakdown of the marriage, which is normally accomplished by living separate and apart from a spouse for 6 months or more. This requirement will not hinder your ability to file for divorce, but it does come into play during the finalization of the divorce.
Additionally, at least one of the spouses involved in the proceeding must have been a resident of the state of Illinois for at least 90 days at the time the divorce was filed. It is possible, however, to file without meeting this requirement, but this process can be complicated and requires the expertise of an experienced divorce attorney.
Uncontested vs. Contested Divorce
Uncontested divorces are divorce proceedings where both spouses agree on the terms of the divorce. Uncontested divorces can normally be processed within a small amount of time, and even if there are a large amount of marital assets or children involved, uncontested divorces are generally less expensive and time consuming than contested divorces, because both parties are working together to reach a mutual resolution that both spouses will accept.
Unfortunately, many divorce cases are contested, which simply means that the spouses cannot agree on the terms of the divorce. Normally, disputes in divorce proceeding arise due to disagreements over the division of property, custody of children, child support, and spousal support. When this occurs, the litigation process can be expensive and have a damaging effect on family members, friends, and children. However, a divorce lawyer will not only explain what your rights are during the divorce process but also, explore mechanisms used to resolve divorce disputes outside of court.
What is a Mediation Used for in a Divorce?
A mediation is an alternative dispute resolution method that is utilized in family law in an attempt to bring both spouses together in order to resolve their differences outside of a court proceeding. Mediations have proven to be a successful mechanism used by courts around the country to resolve disputes of all kinds.
The Role of the Mediator
The mediation process is executed by a mediator. Mediators can either be employed by the state or hired privately. The mediator will have confidential interactions with each party and their respective attorneys, focus on the issues each spouse deems most important to them, and negotiate with each spouse in an attempt to reach an amicable resolution to the contested divorce.
A mediation in a divorce proceeding can take place at any time, even before filing for divorce. A voluntary mediation is a mediation that both parties agree to participate in without being ordered by a court to do so.
Court Ordered Mediations
In contrast, spouses can be ordered by a judge to participate in a mediation. In Cook County, participation in a court ordered mediation is mandatory when disputes arise over issues related to the custody of children, child support, and other parental related responsibilities. The court may also order mandatory mediation for other issues such as division of property and spousal support.
Divorce Lawyer in Schaumburg, IL
Divorce proceedings can be stressful, but you should never go through any type of divorce proceeding, regardless of whether it is contested or uncontested, without an attorney. Robert Thomas is an experienced divorce attorney that will explain your rights in a divorce proceeding, guide you through the divorce process, and fight to protect your interests in all areas of complex divorce litigation. So give our office a call today to find out how a divorce attorney can help you.
- High Asset Divorce
- Complex Litigation Divorce
- Alimony Attorney
- Retirement Accounts
- Property Division
- Contested Divorce
- Child Support