Many people know the common issues they will face in divorce. Their property may be divided and if the two spouses involved have children together, child custody and child support hearings will also certainly be a part of the divorce process. However, spouses often think there is no chance of reconciliation in the marriage, which is why they have started the divorce process. What happens then, when reconciliation becomes a real possibility?

No-Fault Divorce Laws in Illinois

Since 2016, Illinois has operated on a pure no-fault basis for divorce. This means the spouse filing for divorce does not have to allege or prove their partner was at fault for the breakdown of the marital relationship. They simply only have to state that the marriage has suffered an irretrievable breakdown and there is no chance of reconciliation. The no-fault laws in Illinois can help streamline the process and allow a person to get a divorce even if their spouse does not agree to it.

While Illinois does operate under a no-fault system for divorce, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does outline certain requirements. One of these requires the spouses to live separately and apart for at least six months to show there is no chance of reconciliation, although spouses can agree to waive this requirement. The IMDMA also requires the court to determine if reconciliation is a possibility. If it is, the couple may have to attend a conciliation conference before their divorce is finalized.

Divorce is a complex process and it is not uncommon for the people going through it to have a lot of questions. It is essential to get an answer to these so that you fully understand the divorce process and ensure your rights are protected. Below are some of the most frequently asked questions about divorce and family law in Illinois.

How Long is the Separation Period in Illinois?

Illinois does not have a mandatory separation period. If you or your spouse does not agree to the divorce, you may have to live separately and apart from them for six months. After that time, the court will assume that there are irreconcilable differences. You do not have to physically separate from your spouse, but you must live independently of them. If you and your spouse do agree to the divorce, you can divorce immediately.

Can We Settle the Divorce Out of Court?

Many divorce cases do settle before they go to trial. If you and your spouse can agree to all terms, you do not have to proceed to trial. However, you will still have to appear in court at least once so a judge can approve the final terms of the divorce. While you and your spouse both have a right to be at the final divorce hearing, but only one of you is required to appear.

People often think that only celebrities and the very wealthy go through high net worth divorces. While it is true that these are the stories picked up by the news outlets, high net worth divorces are much more common than people think. Owning multiple real estate properties, complex retirement savings, and more common factors can result in a divorce being classified as one that involves a high net worth.

High asset divorces are much more complex than other divorce cases, and mistakes are sometimes easily made. If you are going through a high net worth divorce, avoid making the most common mistakes and protect your rights.

Not Working with Professionals

Going through a divorce without professional help is not generally recommended. When a divorce involves a high net worth, however, you must work with professionals. You should work with a financial adviser that can help you sort through complex issues such as pensions or business valuations. You should also work with a lawyer that can explain Illinois’ property division laws and more.

Divorce is a complex, confusing, and exhausting process. If you are getting a divorce, you know how much there is at stake. You likely not only want to settle the case quickly, but also do not want to leave any money on the table once it is finalized. A divorce lawyer will help you navigate the problems the process may present, and help you secure the fairest settlement possible. Below are a few of the ways in which a family lawyer can help with your divorce case.

Property Division Issues

Dividing property is complicated in any divorce case. A lawyer can advise on the equitable distribution laws in the state, and what assets of yours are considered marital or separate property. A lawyer will also discover any debt incurred by your spouse, and help you determine whether or not you are liable for it. If you have been married for a long time, a lawyer can also help determine if you are entitled to a portion of your spouse’s social security benefits or other retirement accounts.

Spousal Support

Many people have the right to ask for spousal support when they are going through a divorce but they do not even know it. A divorce lawyer will review the circumstances in any specific case and determine whether spousal support is appropriate. A lawyer can also help you calculate how much spousal support to ask for, if it is right for your case.

Divorce is not for everyone and today, couples have many options. One that is becoming more common is a parenting marriage. In a parenting marriage, the couple involved are no longer romantic with each other. However, they do not want to get a divorce and instead, want to redefine their relationship to each other. Although the marital relationship has changed, many things remain the same in a parenting marriage. The couple often lives in the same home albeit in different rooms, and they each have equal responsibilities for raising the children.

While a parenting marriage can simplify the process of ending a romantic relationship, it does come with many unique issues. It is still important to speak to a family lawyer that can help prevent disputes from arising.

Why Do People Choose a Parenting Marriage?

The idea of parenting marriages is quite new, but there are several reasons why couples choose this route when they know they no longer love each other romantically. The most common of these include: