New Changes to Divorce Law in Illinois

Dedicated Divorce Attorneys Serving the Chicago Area

Even when spouses try their best to part ways amicably, a divorce is often extremely stressful for the whole family. In most cases, couples disagree about some aspect of the post-divorce arrangements. This makes the assistance of a divorce attorney critical in protecting your interests. At Taradash Given, P.C., our Chicago family law lawyers can represent you in matters involving divorce and separation, spousal support, child custody and support, paternity, orders of protection, grandparents’ rights, and modifications to final judgments.

Family Law Matters in Illinois

The only basis for a divorce in Illinois is irreconcilable differences. The goal, ostensibly, is to allow for divorces to proceed as amicably and quickly as possible.

When it comes to property distribution, Illinois follows the rule of equitable distribution. This means that the court will divide marital property and debts between spouses fairly, but not necessarily in a 50-50 split. In determining what is fair, the court may consider factors such as each spouse’s economic circumstances, how long the marriage lasted, and the value of the property assigned to each spouse.

Spousal support is known as maintenance in Illinois. Judges use a formula when determining maintenance. The duration of maintenance is based on the length of the marriage as measured from the date of the marriage until the filing date of the divorce petition. For marriages less than five years, maintenance is 20% the length of the marriage. Each year above that the percentage goes up. At twenty years, maintenance is the length of the marriage or indefinite. The amount of maintenance is based on a formula that takes into account the net incomes of each party.

The Illinois child support formula takes into account the net incomes of each parent and the parenting time schedule (the amount of time each parent spends with the children).

Child support is meant to cover a child’s basic needs: clothing, food and shelter. On top of child support, the following expenses are often typically divided between the parents proportionate to their incomes: health insurance premiums, out-of-pocket medical expenses, extracurricular expenses, educational expenses and childcare expenses.

Sometimes the most acrimonious battles are fought over children. In Illinois, child custody is known as parental responsibilities and parenting time. Parenting time (formerly known as physical custody) refers to the parent with whom the child lives and how much time the other parent may visit or share a residence with the child. Parental responsibilities (formerly known as legal custody) refer to which parent will make crucial decisions for the child in the areas of religion, health, education, and extracurricular activities. If the parents cannot develop an appropriate plan, the court will determine which parent is responsible for each area of decision-making. For example, the court may order the father to be responsible for making decisions about extracurricular activities, while the mother may be responsible for health, education, and religion.

The court will examine the best interests of the child in allocating parental responsibility. Factors that may go into a judge’s determination of the child’s best interests include the child’s wishes, the health of all parties, the child’s adjustment to his or her home and community, the parents’ ability to cooperate, how much the parents previously participated in making decisions, prior agreements, the parents’ wishes, the child’s needs, the schedules of the parties, whether either parent has acted in a way that seriously endangered the child, and each parent’s willingness to facilitate a close relationship between the other parent and the child.

In some cases, the circumstances of a parent dramatically change long after a divorce or separation, necessitating the modification of a prior order. We can help a parent or another party with standing who wishes to change some aspect of a prior order.

Consult an Experienced Chicago Lawyer for a Family Law Matter

At Taradash Given, P.C., our Chicago family law attorneys can help you with all aspects of the divorce process and related issues. The decisions made in these cases may affect the rest of your life, and it is important to secure experienced counsel who can look out for your best interests during negotiations and in the courtroom. We represent people in Arlington Heights, Orland Park, Evanston, Wheaton, Joliet, Waukegan, and other communities throughout Cook, DuPage, Will, and Lake Counties. Contact us online or call us at (312) 775-1020 to set up a consultation if you need a child custody attorney or guidance with any other type of family law matter.