Hampshire Divorce Lawyer

Respected Divorce Attorney Assisting Clients in Hampshire, IL

Data collected by the federal government reveals that just over 40 percent of all first marriages end in divorce. Those who have been married a second time face a 60 percent risk of divorce, and an even higher rate – 73 percent – applies to those who have taken a third trip down the aisle.

Despite how commonplace divorce is in the United States, the legal team at Goostree Law Group understands that the process itself can still be an emotional upheaval, leaving you feeling stressed and worried about what the future will bring. The Hampshire divorce lawyers at our firm are dedicated to making this process as smooth as possible for you. Whether your divorce involves a simple, uncontested settlement agreement, complex division of assets, or high levels of conflict, you can trust that our Illinois divorce lawyers have the skills needed to help you achieve a successful outcome.

The Divorce Process in Illinois

Residency

Under Illinois law, one spouse must reside in the state for at least 90 days before either spouse can file a petition for divorce. The petition must be filed in the county where one or both spouses reside. The spouse who is filing must be able to prove residency. Documentation of residency can include driver's licenses, utility bills, bank accounts, leases, etc.

Grounds

The state of Illinois no longer recognizes "fault" grounds for divorce. All divorces are considered no-fault, and a divorce petition will state that the marriage is ending due to irreconcilable differences. While there is no waiting period required before the divorce process can be completed, any disputes about whether there are irreconcilable differences will not be a factor if a couple has lived "separate and apart" for six months.

Type

There are two general categories of divorce – uncontested and contested. When a couple pursues an uncontested divorce, the spouses will agree on all of the issues they need to settle, such as child custody, division of assets and debts, and spousal support. If a couple is unable to come to an agreement over their issues, and they require the court to decide the final outcome of their case, this is considered a contested divorce.

No matter what type of agreement you and your spouse may have, it is critical to have a Hampshire divorce lawyer representing you to ensure your rights and interests are protected. At Goostree Law Group, we know how quickly an amicable, uncontested divorce can escalate without warning into a contentious, contested one.

Issues That Need to Be Decided in a Divorce

While every divorce has its own unique set of circumstances, there are general issues that you and your spouse will need to resolve, which may include:

Division of the Marital Estate

The marital estate is made up of the assets and debts a couple acquired during their marriage. Illinois uses the "equitable distribution" standard when dividing a couple's assets. This means the division will be fair (equitable) but not necessarily equal (50/50). Some factors that can impact asset division include a valid prenuptial or postnuptial agreement, a business owned by one or both spouses, or dissipation or hiding of assets by either party.

Child Custody

In Illinois, child custody is referred to as the "allocation of parental responsibilities." If spouses have minor children, they will have to decide how they will divide or share the responsibility for making decisions about their children's education, medical care, religious upbringing, and other important issues. Spouses must also agree on a parenting time schedule that specifies when the child will be with each parent. This schedule should include holidays, vacations, birthdays, and other important events.

Child Support

Under Illinois law, both parents are financially responsible for the care of an underage child. Illinois uses the "income shares" model for calculating child support. This model uses the income of both parents as well as other factors when determining how much one parent will be required to pay the other and how different types of child-related expenses will be shared. A Hampshire divorce lawyer can help ensure that child support obligations are calculated correctly based on a couple's respective incomes and their parenting time arrangements.

Spousal Support

Unlike child support – which is mandatory in Illinois – spousal support is not automatically awarded in an Illinois divorce. If spousal support was not addressed in a prenuptial agreement, a couple may agree that one spouse will make payments to the other, or a court will decide if spousal support is appropriate. Factors the court will consider include how long a couple was married, the couple's standard of living, and the ability of the spouse asking for support to earn a living.

Contact Our Hampshire, IL Divorce Lawyers

If you have decided to end your marriage, make sure you have a seasoned Hampshire divorce attorney looking out for your best interests. Contact Goostree Law Group at 630-584-4800 to schedule a free consultation to ensure that your rights and interests will be protected.