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FAQ

Divorce

Whether your marriage fizzles out quietly, or is a painful and emotional battle, it's vital that you get a Chicago family law attorney with whom you trust, and that has experience to bring you the justice you deserve.

Some Basics About Divorce in Illinois

Contested Vs. Non-Contested Divorce

There are two types of divorce. If your divorce is a quiet and peaceful culmination to your marriage, chances are it's an uncontested divorce. However, many marriages unfortunately end in a contested divorce.

Simply put, with an uncontested divorce in Illinois, both parties come to an agreement on their own terms regarding child custody, property, etc; and in a contested divorce, the two sides have opposing views on what should happen with these things, after the split. Usually, more than one divorce lawyer is not needed in an uncontested divorce. The matter could take as little as ten days to resolve, and would require only one trip to court on the part of the party requesting the divorce. With a contested divorce, each party hires a divorce attorney to represent them, and if a settlement cannot be reached, the case will be taken to trial, and costs will be calculated hourly.

Non-Community Property States Vs. Marital Property

Property can be classifed two different ways in a divorce. Non-community property is property earned by a wife or husband, and is considered as her or his individual separate property, as distinct from their spouse. Marital property then, is usually property that is obtained during the marriage. Courts in non-community property states, like Illinois, must divide property between spouses during divorce proceedings. Things like spouse's home making activities and spouse's sacrifice in not pursing further education or a career opportunity can determine the allocation of non-community property.

Items like pensions, the family home, and a family owned business are often considered maritial property. Once the courts decide on which property is "marital," it will allocate the property accordingly. If you and your spouse are able to agree on the distribution of property, it will most likely have a major influence on the divorce court's ultimate decision.

For more information on getting a divorce in Illinois, contact Chicago divorce attorney Arkady Reifman at 847-229-8433.