If you want to divorce your spouse in Naperville, IL, there are certain legalities you should be aware of before you file.
Grounds for Divorce
Spouses need to have fault-based grounds for divorce in the state, which means they need to have specific reasons why they want to end their marriage for their case to be considered. This can include the following:
- The spouse had an affair;
- The spouse is impotent;
- Their spouse abandoned them for more than a year;
- Their spouse is an alcoholic;
- The spouse is a felon;
- Their spouse uses drugs and has committed violent acts under the influence for more than two years;
- The spouse abuses the other physically and mentally;
- The spouse infected the other with an STD.
There is a single no-fault exception to this process, i.e., a spouse can file for divorce if their spouse has lived apart from them for two years and reconciliation can damage the family or attempts made to reconcile have failed.
Distribution of Property and Alimony
In Illinois, any property the spouses jointly own must be divided fairly, and this may not mean that both get 50% each. As per the law, the property must be divided irrespective of the reasons for the divorce. The court will investigate the contributions of each spouse to the property, the length of the marriage, as well as their individual economic circumstances to determine distribution.
Similarly, each spouse will receive alimony from the other, irrespective of the reasons for the divorce. The court determines the amount by considering the duration of the marriage, earning potential and their standard of living.
Child Custody
In Illinois, the court determines how much money the other parent will pay for child support for children who are younger than 18-years-old. While children who are younger than 14 can decide which parent they want to live with, that decision may be overruled by the judge’s discretion – if the court determines the decision is not in the child’s best interests.
Also, the court decides which spouse will get custody of the children borne out of that union. This decision must be made within 18 months of the divorce being filed and takes into account each parent’s decision-making power.
Divorce proceedings can be difficult for everyone involved, but a law firm that is proficient in family law can help ease the process. Dan Fitzgerald of the Fitzgerald Law Firm can guide you through difficult divorce proceedings – so you can focus on your future.