An Overview of Divorce in Illinois

 Posted on February 09, 2024 in Divorce

Divorce is a topic many people prefer to avoid. Whether they do not want to think about the possibility that they would get a divorce or it simply does not seem relevant to their lives, it is not a topic people generally bring up out of the blue. Perhaps that is why there might be some confusion about what a divorce entails. This article will go over some common aspects of divorce in Illinois. If divorce is something that might be pertinent to your life, you should speak with a knowledgeable St. Charles, IL divorce lawyer to find out more.

Grounds for Divorce in Illinois

As of January 2016, Illinois is a no-fault divorce state. The only grounds the courts will accept before granting a divorce are “irreconcilable differences,” and there is a large variety of things that can be included under that general title. Rather than focusing on the specifics, for example, an affair, the couple needs to prove that there is no hope for reconciliation between the two and that their marriage needs to end.

Equal vs. Equitable Distribution of Assets

In the State of Illinois, marital assets are not divided equally, as if they were split down the middle with each spouse getting half of everything. Instead, they are divided equitably in a way that takes into consideration several factors, including what assets each spouse brought into the marriage, how each spouse contributed to their household and each others’ careers, and each spouse’s potential earning power in the future.

Division of Debt

While it is commonly known that couples divide their marital assets in a divorce, it is slightly less common knowledge that they also divide any debt that was incurred over the course of the marriage. It is considered both spouses’ responsibility no matter which one actually spent the money. Similar to the division of assets, debts are also divided in a way that is supposed to be fair - taking into account all the underlying circumstances of the couple - rather than equal.

Marital vs. Non-marital Property

The State of Illinois treats retirement accounts, inheritances, and gifts differently than other assets. Gifts and inherited property that either spouse has received are generally considered non-marital property and do not need to be divided. Retirement assets (including 401Ks, IRAs, and pensions) are generally considered marital property subject to equitable division in divorce.

Schedule a Free Consultation With a St. Charles, IL Divorce Attorney

If you find yourself wondering about the ins and outs of divorce, a knowledgeable Kane County, IL divorce lawyer can answer your questions. At Goostree Law Group, we offer free consultations. Call 630-584-4800 to schedule yours.