HENDERSON & MEHTA
Law and Mediation
Divorce Lawyers - Joliet, IL
Divorce is the process of dissolving a marriage. Many issues can arise in a divorce case. If there are minor children the parties will need to decide custody / parental allocation, visitation / parenting time, and child support.
The parties will also need to resolve the financial issues such as division of property, division of debt, and maintenance / alimony.
A variety of techniques can be used to bring a divorce to a conclusion from negotiating an agreement or litigating any issues the parties cannot resolve.
Where should a Divorce or Legal Separation be filed?
A Divorce or Legal Separation should be filed in the county where one of the parties has resided for at least 90 days.
What is a Divorce?
A Divorce is a legal claim that dissolves or ends a marriage or civil union. Through a Divorce, spouses can determine what each of their property rights will be once the marriage is dissolved. A Divorce will divide up any marital property and debt between the parties. This typically includes a conclusion on any land or real estate owned by the parties. It will also include a division of any other property such as vehicles, bank accounts, retirement accounts, and businesses owned by either spouse.
A Divorce also determines rights and obligations towards their children such as Parental Allocation (formerly known as Custody), Parenting Time (Visitation), and Child Support. The court may also provide that either spouse can receive spousal support which is known as maintenance (alimony.) Some issues such as maintenance, child support, parental allocation and parenting time can be addressed both on a temporary and permanent basis. A temporary basis provides crucial relief for a family while a case is being finalized.
What are the Different Types of Divorce?
Uncontested Divorce
An Uncontested Divorce is a Divorce where both spouses agree to become divorced. These spouses also have a complete agreement on all aspects of the resolution, including, division of the property, division of the debts, parental allocation (custody), parenting time (visitation), child support and maintenance (alimony).
If you are considering a divorce, an Uncontested Divorce is one of the most popular types of Divorce. Many of our clients at opt to pursue is the Uncontested Divorce. This is an especially common option among spouses that are moving through the divorce process amicably and with a mutual agreement. In this kind of Divorce, it is typical that one party will hire an experienced divorce attorney to help draft the documents that will need to be filed with the court.
An Uncontested Divorce is a cost-effective and quick divorce option for parties that can agree on the terms of their divorce. In situations where spouses disagree about issues in the terms of the divorce, then an uncontested divorce is simply not possible.
Contested Divorce
In a Contested Divorce, the spouses have one or more issue that they cannot agree on. This could include whether both spouses wish to get divorce. In Illinois, so long as grounds for a Dissolution of Marriage have been met, a spouse who does not agree with the Divorce will not be able to prevent a Divorce from happening.
In a Contested Divorce, Husbands and Wives are unable to agree on one or more issue about how the property or debt should be divided. They may also not agree on whether maintenance (alimony) is appropriate or the amount of maintenance. The parties may not agree on crucial decisions affecting the children such as who should be awarded parental allocation (custody) of the children. They may also not agree on what parenting time each parent should receive. The spouses may not agree on what amount of child support is appropriate.
In these Contested Divorces, the guidance of an experienced family law attorney is essential. Often an experienced family law attorney can resolve these issues through negotiation. The attorneys at Henderson & Mehta Law and Mediation have extensive experience in resolving Contested Divorces through negotiation. If negotiation will not resolve the matter because of an exceedingly difficult spouse, the the attorneys at Henderson & Mehta Law and Mediation are prepared to litigate any divorce to protect your rights.
What Requirements are there to get Divorced?
In Illinois, a spouse petitioning the court for a Divorce must prove that grounds have been met. Grounds are a legal reason for the Divorce. Illinois is a No-Fault State. This means that the court does not evaluate which spouse caused the Divorce. Grounds for a Divorce are met when the spouses have been separated for six months or more. A Divorce may be finalized with the spouses being separated for less than six months if the Court finds that there are irreconcilable differences, which have caused an irretrievable breakdown of the marriage or that future attempts at reconciliation would be impracticable and not in the best interests of the family. Spouses do not need to be physically living apart for six months to meet the separation requirement. In today’s world, many spouses continue to reside together until the case has been finalized.
What is a Legal Separation?
A Legal Separation is a formal resolution of all issues between Spouses. A Legal Separation may determine each spouses property rights or obligations to pay debt that are agreed upon. If the spouses do not agree on values of property or how it should be divided then the court cannot value or allocate that property.
A legal separation can also address issues such as whether maintenance (alimony) or child support is appropriate. The Court can also address issues of Parental Allocation (Custody) and Parenting Time (Visitation) at the conclusion of a Legal Separation, the parties remain married.
The divorce attorneys at Henderson & Mehta Law and Mediation can discuss all of your options to determine the best plan of action for you. This is extremely important when you or your spouse is considering a legal separation.