Cook County Divorce Attorney
Chicago Family Lawyer for Property Division, Spousal Maintenance, and Child Custody in Cook County and Surrounding Areas
Ending a marriage is as much a legal process as it is a personal one. Regardless of the emotions you are experiencing because of the loss of your relationship, you will need to address many important issues related to your property and assets, your children, and a variety of other significant life changes. Achieving a divorce resolution that meets your needs is often challenging, but it is by no means impossible.
Working with a skilled divorce attorney means that they can take the lead in all legal matters, helping to relieve some of your burdens and assuring you that your case is in good hands. At The Law Office of George J. Skuros, we have helped clients resolve divorce cases for more than 30 years, and we will use our knowledge and experience to provide the best possible representation and keep you informed throughout the divorce process.
Financial Issues in an Illinois Divorce
Getting a divorce has a variety of financial implications both in the immediate future and in the long run. We can help you address financial issues including:
- Division of marital assets - We can help you distinguish between marital and non-marital property and determine the best way to fairly divide assets, including your home and other real estate property, your business or professional practice, your retirement savings, and more.
- Asset dissipation and financial dishonesty - We can work with you to find your spouse's hidden assets and gather evidence of their wasteful spending and dissipation to help you seek remedies in your divorce resolution.
- Spousal maintenance - We can advise you regarding whether a spousal support order is likely in your divorce and help you pursue a fair amount to provide for your needs and give you time to become self-sufficient after your divorce.
- Insurance considerations - We help you explore your options for keeping health insurance and other benefits when you have been covered by your spouse, and we will advise you on the impact of life insurance on asset division and spousal support.
- Tax considerations - A divorce will affect your tax filing status and your ability to claim dependents, and you may also face tax consequences related to retirement accounts and other assets. We can help you prepare for these changes.
Family Issues in an Illinois Divorce
If you have minor children at the time of your divorce, you will have another set of issues to resolve, including:
- Allocation of parental responsibilities - Illinois courts no longer use the term "child custody," but instead focus on how parents will share responsibilities for caring for the children and making important decisions about their health, education, and upbringing. We can help you create a parenting plan to address these issues.
- Parenting time - We can also help you negotiate a parenting time schedule that serves your children's best interests while ensuring that you are able to spend as much time with them as possible after your divorce.
- Relocation - Moving with a child after divorce may become a legal issue depending on the distance from the child's current residence. We can help you obtain approval for relocation or contest the relocation of your child's other parent.
- Child support - We help you understand the factors that go into calculating child support obligations, including basic costs and extraordinary child-related expenses, to ensure that your children have the resources they need from both parents.
- Domestic violence - Domestic abuse affects families with and without children. We can help you obtain an order of protection from your spouse during the divorce process and make the case for parenting time restrictions to protect your child.
Post-Divorce Issues in Illinois
The need for legal assistance often extends beyond reaching a resolution to your divorce. We provide guidance and representation in post-divorce matters including:
- Divorce order modification of terms related to spousal support, child support, and the allocation of parental responsibilities and parenting time, often after a significant change in circumstances.
- Divorce order enforcement, ensuring that your former spouse follows the terms of your parenting plan and fulfills their child support and spousal support obligations.
Divorce FAQs
Answer: As long as at least one spouse has been an Illinois resident, or has been stationed in Illinois for military service, for at least the past 90 days, either spouse can file for divorce in Illinois. There is no requirement that you and your spouse have been legally separated or living apart from each other for any length of time before filing. There is no tangible legal advantage to filing first, but doing so can help to put the legal process in motion.
Answer: The only grounds for divorce according to Illinois law are irreconcilable differences leading to the irreparable breakdown of the marriage. Fault-based divorce, including for reasons such as adultery or substance abuse, is no longer recognized in Illinois. You can establish irreconcilable differences by living separate and apart from your spouse for six months (which can even be done while still sharing a residence, as long as you stopped living together as a married couple), presenting evidence and testimony to the court, or showing that you and your spouse are in agreement about ending the marriage.
Answer: An attorney is beneficial for any divorce, no matter how amicable, to ensure that you understand your rights, follow the appropriate procedures for completing and filing documents, and address all important issues to the best of your ability. In a contested divorce, especially one involving financial dishonesty, domestic violence, or disputes about children, a lawyer is crucial to help you protect yourself and present your case before the court.
Answer: Getting a divorce comes with many expenses, including attorney fees, court costs, and in some cases, the costs of financial experts and other professionals who can help you handle the issues at hand. An uncontested divorce is typically less expensive than a contested divorce, but the costs can vary substantially from case to case. It is important to work with an attorney who is upfront about the likely costs and committed to keeping you informed throughout the process.
Answer: If you and your spouse have agreed to get a divorce and there are few issues to resolve, it may be possible to finalize your divorce in a matter of weeks. For cases involving children or complicated financial situations, settlement negotiations can take significantly longer. If your divorce is contested and going to trial, it could take longer than a year for the completion of evaluations and preparations by both parties.
Answer: The vast majority of divorce cases in Illinois are resolved without requiring a trial. When you and your spouse can reach a settlement on all important issues, you can end your marriage through a few court filings and minimal court appearances. However, if negotiations fail, or if they are unrealistic because of an issue like domestic violence or abandonment, your divorce will likely need to be resolved through litigation.
Answer: Illinois requires marital property to be equitably distributed between spouses, but this does not mean that all property will be split down the middle. You will be able to keep your own non-marital property, and it is often possible to negotiate with your spouse so that you can each keep assets that are important to you for personal and financial reasons.
Answer: Alimony, also known as spousal support or maintenance, is awarded only when both spouses agree to it or when one spouse needs it in order to support themself after the divorce. This is often the case when there is an imbalance in income and assets, when one spouse has extraordinary health needs, or when one spouse has been a homemaker or stay-at-home parent.
Answer: "Child custody" is no longer the legal term used to describe child-related decisions in a divorce. Instead, you and your spouse will need to create a parenting plan addressing parenting time and the allocation of parental decision-making responsibilities according to your children's best interests. In most divorce cases, both parents will be granted significant responsibilities.
Answer: Once finalized, your divorce order will be legally binding, but it is possible to update many of the terms later on, especially if your financial circumstances or life situation changes substantially. In order to do so, you will need to petition the court for modification.
Contact a Cook County Divorce Lawyer
If you need help with any legal matters related to your divorce, we are prepared to provide you with quality representation. Contact us at 312-884-1222 to learn more about our services and what we can do for you. We serve clients in Chicago, Arlington Heights, Schaumburg, Mount Prospect, Inverness, Des Plaines, Park Ridge, the North Shore, and throughout Cook County and surrounding areas.