Divorce Guide

Divorce Guide

Chicago Divorce Court

Divorce is a legal procedure that declares termination of marriage. In a divorce court, all the legal documents necessary for filing a divorce are submitted. The divorce hearings are made in the divorce court by a judge. In United States, there are different divorce laws for each state. The court of each state has different rules and proceedings to follow. Chicago divorce court too has different rules and laws for divorce.

In Chicago divorce court, the documents required for filing divorce are:

  • Petition for dissolution of marriage, Judgment for dissolution of marriage
  • Marriage certificate, financial disclosure statement
  • Verification statement, Residency proof

Grounds for Filing a Divorce

No Fault Divorce

The spouses have lived separately for a continuous period of 2 years. The irreconcilable differences have caused the breakdown of marriage.

Fault Divorce

  • Either of the spouses is naturally impotent
  • The respondent had committed adultery
  • Excessive use of alcohol or drugs
  • The respondent has been guilty of repeated mental or physical cruelty

Issues of both the parties are solved during the courtís hearing. The issues that are discussed in divorce court are:

Property Division

Chicago is an equitable distribution state. All the property is distributed equitably. Equitable does not mean equally, it means the marital assets are distributed fairly. If the party does not agree, the marital property is equally distributed. Marital property is the property which is acquired by both the parties when they were married.

While dividing the marital assets, the court considers many issues. The contribution of each party in acquisition and preservation of the property is considered. The duration of marriage and the value of property assigned to each spouse are also taken into account. The age, health, occupation and sources of income are too considered in dividing the marital property.

Spousal Support

Spousal support is not involved in all cases of divorce. The financial support of one spouse to the other is agreed by the parties at the courtís discretion. In a proceeding, a maintenance award is given to either of the spouses which can be temporary or permanent. This depends on the financial background of both the parties. The factors that are considered while paying the amount to either of the spouse are:

  • The income and property of each party including marital and non-marital property.
  • The need of each party and their standard of living are considered.
  • The present and future earning capacity of each party
  • Monetary support is provided to either of spouses possessing child custody. The duration of the marriage is calculated too.

Child Custody and Support

Child custody is given to either of the spouses depending on their wishes for custody. The childís interaction and relationship with the custodian is considered. The financial stability of the custodian is also considered.

Child support is a main issue in divorce. The court declares the best amount to be given to the custodian for supporting the child.

In Chicago divorce court the cases that are heard are:

  • Dissolution of marriage
  • Invalidity of marriage and legal separation
  • Child support, custody and visitation

Details of Chicago court:

Domestic relations division
Circuit court of Cook County
50W Washington Street, suite 1901A
Richard j. Daley center
Chicago, IL 60602

In Chicago divorce court, the lengthy process can be avoided if one chooses collaborative divorce. In this process, the parties get divorced outside the court.

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