Many spouses approach divorce with numerous questions. This is only natural, as the average spouse has a limited understanding of not only divorce, but also the entire American legal system. A recent survey conducted by the American Bar Association found a worrying lack of “civic literacy” among Americans, and spouses may approach divorce with incorrect preconceptions. A paper published by the Journal of Divorce & Remarriage also found that young people today tend to believe media messages about divorce without considering their potential inaccuracy. These media messages might come from “clickbait” articles about celebrity divorces – or legal TV dramas penned by screenwriters with limited legal knowledge. Spouses searching for accurate information about divorce might consider speaking with an experienced divorce lawyer in Chicago. Spouses may be able to ask various questions about divorce by calling Johnson O’Keefe at (312) 319-4444.
Do I Have to Go to Court to Get Divorced?
Many spouses imagine themselves participating in the same legal processes that they see on television. These are generally dramatic trials filled with courtroom drama, strict judges, and charismatic lawyers. As a result of these preconceptions, spouses often wonder whether they will have to go to court to get divorced. Although the family court oversees every divorce in Illinois, a trial may not be necessary.
In fact, many family law judges order spouses to engage in mediation – especially if they cannot decide how to handle child custody. Mediation is a private process that occurs outside of court and without a judge. Instead, a “mediator” helps both spouses agree on how to handle the various aspects of divorce – including child custody, alimony, child support, and property division. If spouses successfully navigate this process, a trial is unnecessary.
How Expensive Is My Divorce Going to Be?
A common concern among spouses is the cost of divorce. Many separated spouses delay this process for years due to financial limitations, and some never finalize their divorces. Spouses often ask how much their divorce is going to cost, and this is one of the most common questions about divorce today.
There is no easy way to answer this question, as the cost of a divorce depends on various factors. However, spouses can lower the cost of their divorce in various ways. The most obvious option is to choose “alternative dispute resolution” (ADR) strategies like mediation. In theory, these methods are cheaper than divorce trials – partly because they tend to be less time-consuming. Divorce lawyers charge by the hour, so a quick divorce is usually a cheap divorce by definition. However, mediation is not always possible. Some disputes can only be resolved in the courtroom, and these disputes can become quite expensive.
Who Gets the House in a Divorce?
The family home is usually the most valuable asset in the marital estate. Faced with divorce, many spouses immediately wonder who will walk away with this lucrative asset. To answer this question, first determine whether one spouse acquired the property before signing the marriage contract. If so, the family home generally becomes “separate property” – and the spouse who purchased this property gets to keep it.
All assets acquired during a marriage are “marital property” – including family homes. Family courts in Illinois divide marital property according to the equitable distribution system, which generally provides each spouse with an equal share. However, an equitable division is not always an equal division. If one spouse contributed to the value of the property through maintenance or DIY renovations, they may walk away with a greater share. Conversely, if either spouse reduces its value through destructive or irresponsible behavior, they may receive a lower share of the family home. Regardless of these circumstances, it may be necessary to sell the family home in a divorce – and neither spouse will keep the property in this scenario.
Who Gets the Kids in a Divorce?
Although financial matters are important, many parents are much more concerned about their children during divorce. As soon as it becomes clear that the marriage is no longer viable, parents tend to wonder how much time they will spend with their children after the divorce. Joint custody is the most common outcome in this scenario, giving parents approximately equal time with their children.
However, all custody decisions are based on the best interests of the children. Family courts will consider various factors when determining these best interests, and this analysis may cause one parent to receive sole custody. One of the most relevant factors in this regard is child abuse or domestic violence in the family. Courts may also consider whether one spouse is struggling with substance abuse problems. Many other issues could impact the final custody decision, and parents might want to review all “best interest factors” alongside Johnson O’Keefe.
What Are the Grounds for Divorce?
One of the most common questions about divorce is whether a spouse is allowed to end their marriage in the first place. Spouses may wonder if they have sufficient “grounds for divorce,” but this is an irrelevant factor in Illinois. The Prairie State follows a “true” or “pure” no-fault divorce doctrine. In other words, the only acceptable grounds for divorce in Illinois is “irreconcilable differences.”
Spouses can claim irreconcilable differences without proving anything. As long as a spouse believes that their marriage is beyond saving, they can file for divorce. Spouses do not have to establish that their exes are guilty of misconduct, and filing for divorce in Illinois should be a relatively straightforward process. That being said, Illinois requires spouses to separate (live apart) for at least six months before proceeding with the legal divorce process.
Ask More Questions During a Consultation With Johnson O’Keefe
Although reviewing a few basic questions about divorce may provide spouses with greater understanding, each family situation is unique. As a result, each spouse might have unique questions about divorce – and an online article might fail to address these specific concerns. Spouses may find it helpful to speak directly with an experienced divorce lawyer in Chicago, as these legal professionals might be able to listen to the unique concerns of each individual during consultations. Divorce lawyers may then offer targeted advice based on each set of circumstances. To continue asking questions about divorce, consider contacting Johnson O’Keefe at (312) 319-4444.