Divorce can very clearly be a challenging process, regardless of your circumstances. If you find yourself contemplating or navigating a separation in Illinois, it is only natural to have questions.
Understanding the basics can help you navigate the legal landscape more confidently. Simply knowing the answers to the most common divorce-related questions can set you on the right path.
Do I need legal assistance?
Seeking legal guidance is advisable when dealing with a divorce in Illinois. While it is not mandatory, having a professional to guide you through the complexities of the legal system can ease the process. Legal assistance ensures that you understand your rights, obligations and the potential consequences of your decisions.
Should I be the one to file for divorce?
The decision of who should file for divorce first is subjective. In Illinois, being the petitioner or respondent does not inherently grant advantages. The key is to consider your specific situation and the goals you aim to achieve through the divorce. Whether you file first or respond, it will not necessarily impact the final outcome.
How long does the divorce process take?
The duration of a divorce in Illinois varies. Uncontested divorces, where both parties agree on major issues, tend to conclude faster than contested ones. On average, it can take several months to a year to finalize a divorce. The complexity of financial matters, property division and child custody arrangements can influence the timeline.
How do courts decide child custody?
In Illinois, the primary focus when determining child custody is the best interests of the child. Courts assess factors such as the child’s relationship with each parent, their physical and mental well-being and each parent’s ability to provide a stable environment. Be sure to present a clear case outlining your commitment to your child’s welfare and your capability to meet their needs.
According to the CDC, the divorce rate in Illinois is around 1.3 per 1,000 population. While Illinois has almost the lowest divorce rate among states that report this statistic, the fact remains that couples looking to split up have questions they need to answer before proceeding.
