Divorce is complicated. Even when both spouses want a divorce, there are often difficult issues regarding finances and children that have to be addressed and permanently resolved. Regardless of the details of your situation, we can be of help. Our experienced divorce attorneys will fight for you and make sure your interests are protected.
Common Issues in Divorce
Every divorce is different because every family is different. That being said, there are some general areas that come up in most divorces. These include:
- Child custody;
- Child support and visitation rights;
- Distribution of property; and
- Spousal support/alimony.
While not every couple will have to face the issues related to children, distribution of property is an issue that comes up in every single divorce. While it may seem like you should be able to divide things up fairly and amicably, you would be surprised at the difficulties that can arise. In order to make sure you receive what you are entitled to, you will need the help of a divorce attorney.
Fault vs. No-Fault Divorce
A no-fault divorce is available to all couples in Illinois. However, Illinois also offers the much more uncommon type of divorce known as “fault divorce.” In order for an Illinois court to grant a divorce, it must determine that one of two things have happened. Either (1) there has been fault on the part of one spouse as set forth in the divorce statutes, or (2) there has been no fault but “irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or that future attempts would be impracticable and not in the best interest of the family.”
In the more common no-fault divorce, the spouses must live separate and apart for either two years or six months, depending on whether the couple agrees to waive the two year requirement. There must be irreconcilable differences between them that have caused an irretrievable breakdown of the marriage. Further attempts at reconciliation must not be in the best interests of the family. In the case of fault divorce, which is much rarer, the petitioner (person requesting the divorce) will be required to prove many more factors. Only certain reasons for divorce can constitute legal fault. These include but are not limited to adultery, desertion, long-term habitual drunkenness, abuse, felony convictions, or infecting the innocent spouse with a sexually transmitted disease.
Call Us Today
Going through a divorce can be extremely stressful. We want to help shoulder some of your burden. Whether your divorce is relatively amicable, or extremely contentious, you will need an experienced advocate on your side. Call the the Evanston divorce lawyers at Gordon & Perlut, LLC. Our numbers are (312)360-0250 and (847)-329-0101.
