Divorce Law Basics From A Chicago Divorce Attorney

by Christine O'Kelly

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.
For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced Chicago divorce attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author
About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.