Chicago courts recognize both fault and no-fault (irreconcilable differences) grounds for ending a marriage. A no-fault divorce does not necessitate allegations of misconduct by either party. A spouse has to allege that there has been an irreversible breakdown of the marriage, attempts to reconcile have failed, and the marriage cannot be saved. Fundamental issues such as religion, discipline of children, constant fighting, mistrust, and irreversible antagonism are common causes of irreconcilable differences.
Most couples who agree to a divorce choose this option because it does not require accusations of wrongdoing and proof of those acts before the courts. The couple must have been living separately for at least two years, unless both parties sign a waiver of the condition, in which case the requirement will be reduced to six months.
Although there may be a number of issues that the parties disagree about, it is best that disputes be resolved through open conversation and negotiation with advice from attorneys and even a judge. If agreements on important aspects of the divorce cannot be reached, it would have to go to trial, which is unpredictable and expensive.
Whether a divorce is based on fault or no-fault grounds, it is important that marital assets be awarded or divided in an equitable manner. The courts will not punish an at-fault spouse in the financial judgments even if they caused the divorce. Equitable distribution does not necessarily mean equally. A number of factors are taken into account such as the financial circumstances of each party, the length of the marriage, and the value of the assets assigned to each party. The assets that each party brought into the marriage, as well as any gifts or inheritances received by that person during the marriage will remain with that party. Marital property and debts acquired during the marriage will be subject to distribution.
If children are involved, issues such as who will have physical custody, legal custody, visitation, support, and numerous other issues must be determined. Spousal support is another frequently contentious issue. The guidance of an experienced attorney can help keep your divorce out of court and as simple and straightforward as is possible for your given circumstances. The attorneys at Corey M. Bandes and associates will make every effort to negotiate a peaceful settlement, but will aggressively defend your rights if negotiation fails.
Call (312) 456-9309 for a consultation with an experienced, knowledgeable, and skilled attorney who will guide you through this difficult time with compassion, sensitivity, and expertise.