Cook County Divorce Attorney

There are two types of divorce processes available to spouses based on their situation: 

1. Uncontested – a divorce where both spouses agree on all the divorce disputes, such as how child custody will be handled, how property will be divided, and which spouse should pay alimony 
2. Contested – a divorce where the spouses cannot reach an agreement on the divorce disputes (e.g., how much child support should be paid, whether to get a divorce, who should pay marital debts) and must go to court to reach the final decision 

Uncontested divorces are typically quicker to resolve than contested divorces because the court only needs to review the spouses’ marital settlement agreement that lays out how they have resolved their divorce disputes.  

Joint Simplified Dissolution

Illinois also has an expedited version of uncontested divorce called “joint simplified dissolution,” which is available to spouses who meet the following requirements: 

• the marriage is “irreconcilably broken”; 
• the marriage lasted 8 years or less; 
• neither spouse is seeking spousal support/maintenance; 
• the spouses do not have any children together and neither spouse is pregnant by the other; 
• the spouses have a written agreement allocating ownership of and responsibility for any pets; 
• neither spouse has an interest in real property or retirement benefits from the other; 
• both spouses have disclosed to each other all assets and liabilities and their tax returns for all their years of marriage; 
• the fair market value of all the marital property amounts to less than $50,000, the combined gross annualized income from all sources is less than $60,000, and neither party has a gross annualized income beyond $30,000; and 
• the spouses have a written agreement dividing all their assets worth more than $100 in value and allocating responsibility for debts and liabilities between them. 

Common Divorce Disputes 

There are several marital issues a couple will need to resolve in a divorce, either through negotiation, mediation, or litigation, including: 

• Child custody and visitation 
• Child support 
• Spousal support 
• Property division 

Illinois Divorce & Child Custody and Support

Child custody, which is categorized into legal custody and physical custody, is determined based on what is in the child’s best interests. The child’s best interests may also be factored into the child support decision. 

The court will examine the following best-interest factors when approving or deciding post-divorce arrangements affecting the children: 

• the child's relationship with their parent(s), sibling(s), and anyone else who may significantly affect the child's best interest; 
• the child's adjustment to their home, school, and community; 
• each parent's wishes; 
• the child's preferences if they are of mature age; 
• the parents' and child's physical and mental health; 
• any history of domestic violence; 
• whether there has been physical abuse or a threat of abuse by either parent directed against the child or another person; 
• the willingness and ability of each parent to facilitate and encourage a continuing relationship between the other parent and the child; 
• whether either parent is a sex offender; and 
• whether either parent is a member of the military and has a family care plan that must be completed ahead of deployment. 

When it comes to financial matters like child and spousal support, the court will examine both parents’ income and ability to pay, as well as their reasonable need for support. 

Call The Law Offices of Carr, O’Rourke & Ernst, LTD to Discuss Your Divorce Today

Divorce is a complex process because you need to tie up all the loose ends of ending a marriage. If you are looking to file for divorce, whether uncontested or contested, enlist the legal assistance of an experienced divorce attorney. The Law Offices of Carr, O’Rourke & Ernst, LTD can help you make sure all your affairs are in order and the divorce agreement is favorable to you. We will take a detailed look at the terms of your divorce and ensure that your spousal and parental interests are being appropriately addressed. You should feel relieved starting this new chapter of your life, and we’re here to help you feel confident about moving on. 

Schedule a free initial consultation with the Law Offices of Carr, O’Rourke & Ernst, LTD to discuss your divorce in Cook County today.