Most readers are aware that, while fault used to be an important in divorce factor decades ago, it typically is not a significant factor nowadays. That being said, many states still do allow parties to divorce on fault-based grounds. Until recently, Illinois was among these states.
Perhaps you've heard the term Divorce Day, a depiction used for a particular day of the year on which family law offices are allegedly inundated with queries and concerns regarding marital dissolution. Supposedly divorce attorneys in Illinois and nationally are besieged with calls and office visits on that day, to a degree unparalleled on any other day of the year.
"In a perfect world …"
There are many people who divorce each year in Illinois. Each one of these divorces is unique because the circumstances of each marriage are different. The number of children people have can vary, the amount of money families earn may vary, the assets they have can vary, and how they live their lives can vary. While the general issues that are present in each divorce are similar, how these issues are dealt will depend on the specifics of the marriage.
Many people may be aware that one of the richest people in Illinois, Kenneth Griffin, was going through a divorce. Like many divorces involving wealthy people, there was a lot of media attention to this divorce, which started over a year ago. There were some very public arguments and accusations from both parties in this matter regarding a pre-nuptial agreement signed by the parties.
Many people in Illinois may be unhappy in their marriage and are considering a divorce. However, divorce is much more complicated than simply wanting the end of a marriage. There are many legal requirements that must be met first. Couples will need to go through property division, make determinations regarding child custody and child support if they have minor children, consider spousal maintenance (alimony) if applicable and many others.
There are certain aspects of a divorce in Illinois that are the same for everyone. One is that everyone must either be separated for two years or both spouses must agree to waive that requirement. If they waive the two-year requirement, they still must be separated for at least six months. Another aspect is that everyone will need to divide the marital property. The complexity of the property division can vary greatly.
When people are married in Illinois, it is common for each spouse to have property of their own. However, once the parties are married, any property that is acquired during the marriage is marital property, regardless of which spouse actually obtained the property. When a couple is divorced, they must equitably divide the marital assets. This can be fairly straightforward at times or very complicated in others.
Dividing assets in a divorce can be one of the more complicated parts of an Illinois divorce. However, some assets are easier to divide than others. Tangible items, such as furniture or automobiles, can be relatively easy to divide. Dividing bank or retirement accounts with a known amount of money can be fairly easy, as well. However, some assets, such as pensions, can be a little more difficult.
As one goes through a divorce in Illinois, there are many issues to discuss as the couple separates their lives. These issues include child custody, visitation, child support, spousal maintenance and property division. Each one of these issues can be very complicated and take some time to resolve. It all depends on the circumstances of each divorce and each issue is very fact specific.