Divorce & Family Law
Dissolution of MarriageCommonly known as divorce, is granted if certain requirements are met:
Residency: Either party has to be a resident of the State of Illinois for more than 90 days prior to the filing of the petition or the making of the finding.
Separation: The parties have to be separated for two years, or at least six months with a waiver.
Grounds: The most common ground is irreconcilable differences; other grounds include impotence, pre-existent marriage, adultery, desertion, drunkenness, drug use, physical or mental cruelty, etc. The petitioner has to prove either of these grounds.
Custody of ChildrenIn every divorce case the parties have to decide who the children will reside with, also if they will have joint or sole custody. If there is no agreement, the court will decide the issue of custody at trial.
Joint Custody: If the parties agree to joint custody they have to make joint decisions regarding important aspects of the child’s life.
Sole Custody: In this case the parent that obtains physical custody of a child makes important decisions regarding the child alone.
Visitation of Children
There are different types of visitation that can be agreed upon by the parties, or can be decided by the judge at trial:
Removal of Children Outside of IllinoisThe parent that has residential custody can remove a child outside of Illinois with the agreement of the other parent or can request the permission of the court.
Division of Marital Assets
In a dissolution of marriage proceeding, the parties by agreement, or the court at trial will decide the disposition of the assets acquired during the marriage, such as:
• Real estate
• Bank accounts
• 401k, IRA, pensions and retirement plans