Divorce Lawyer Bloomington IL – Law Firm of Koth Gregory & Nieminski – 420 North Main Street – Call 309-828-5090
Planning to divorce in the state of Illinois? On this post, you’ll find some answers to basic questions about how divorce works and why you’ll need a Divorce Lawyer Bloomington IL to protect your interests and obtain the best possible outcome in the dissolution of your marriage.
-Residency requirement. In order to proceed with a divorce filing, one of the spouses must be an Illinois resident for 90 days at least. (Or stationed within Illinois if you are in the armed services.)
You may have heard the term “grounds” with respect to divorce. It simply means a legally acceptable reason for the procedure. To obtain a divorce in the state of Illinois (also known as dissolution of the marriage) a judge must find that the marriage is irretrievably broken due to irreconcilable differences. Also, the judge must determine, according to proof and documentation presented, that attempts to mend the marriage have been unsuccessful. Or that attempts to reconcile are not possible or would not serve the family’s best interests.
Note: If spouse have been living separately for at least 6 months prior to the dissolution of marriage, a judge assumes that the standard for “irreconcilable differences” is already satisfied.
Alimony (Spousal Maintenance) – Divorce Lawyer Bloomington IL
The judge in a divorce case determines if a spouse is eligible to receive alimony – or maintenance as it is known in Illinois. The determination is made based upon few factors including:
- -Each spouses’ property and income. This typically includes both the properties the spouses own together and those that they own as individuals.
- -The financial responsibilities the divorce will place upon each spouse.
- -Each spouses’ financial needs.
- -The realistic earning capacities of each spouse.
- -Any limitations to the earning capabilities of the spouse seeking maintenance that could have resulted from:
- -Postponing or giving up education, employment or training on account of the marriage.
- -Dedicating time on domestic tasks. (For instance, if you relinquished plans to attend graphic arts school to provide care for your child, the court may take it into account.)
- -The amount of time required for the person seeking spousal maintenance to complete the necessary training, education and employment while also considering parental responsibilities that could be an issue on that time.
- -The standard of living that was established for the spouses during their marriage and the duration of the marriage.
- -The health, age, occupation, income, vocational abilities (the skills that people acquire while working in a particular industry), estate, obligations and the needs of both parties.
- -Every source of income, which can include retirement savings or disability.
- -Any tax matters that could arise while dividing assets and property.
- -Services and contributions the spouse requesting maintenance might have made to the other spouse for their education, job training or licensing.
- -Any other agreements to be considered between the spouses.
Talk to a Divorce Lawyer Bloomington IL Today if You’re Planning a Divorce
In the event the judge determines that maintenance should be awarded to one of the spouses, a calculation is made to decide the amount and for how long the maintenance shall be paid. This is done according to a formula that is set by Illinois law. After reviewing the maintenance arrangement, the judge also may decide to either terminate or extend it.
The decision to dissolve your marriage is a significant one that has enduring consequences. The guidance and expertise of a Divorce Lawyer Bloomington IL is essential for protecting your interests throughout the process. Call our offices today for a private consultation with one of our experienced, resourceful lawyers.