How Does Divorce Work In Illinois?
Filing for divorce in Illinois involves meeting specific legal requirements, including residency and grounds for divorce. To file, you must have lived in Illinois—and in your county—for at least 90 days. Additionally, you must demonstrate “irreconcilable differences” that have led to the breakdown of your marriage. While these initial requirements are relatively straightforward, navigating the rest of the divorce process can be complicated without skilled legal assistance.
At Downs Law Firm, I am committed to helping clients through every step of the divorce process with care and professionalism. My name is Alicia J. Downs, and I bring years of experience assisting individuals in Edwardsville, Glen Carbon, and throughout the St. Louis Metro East area. With a deep understanding of Illinois family law, I offer the guidance and advocacy you need to make informed decisions and move forward confidently. Contact me today to discuss how I can support you.
What Will Your Divorce Look Like?
When you decide to pursue a divorce, the journey ahead can feel overwhelming—but you don’t have to face it alone. I will be by your side throughout the entire process, guiding you through the various legal and personal challenges you may encounter. From property division and spousal support to child custody and parenting time, I’ll provide clear explanations and dedicated support to help you make informed decisions.
I understand that you likely have many pressing questions about what to expect. To help ease your concerns, I’ve compiled answers to some of the most frequently asked questions below. My goal is to provide you with the knowledge and resources you need to navigate your divorce with confidence. At Downs Law Firm, I am committed to supporting you every step of the way, ensuring you feel heard and empowered as you move forward with your life.
What will happen with my children?
One of the most significant concerns during a divorce is determining your children’s living arrangements and future well-being. In Illinois, decisions about custody and visitation—now referred to as parenting time and decision-making responsibility—are based on a central question: What is in the child’s best interests?
This standard guides the court’s decisions and takes into account several key factors, such as the child’s physical and emotional needs, their relationship with each parent, the child’s adjustment to their home and community, and each parent’s ability to provide a stable, nurturing environment. These considerations make child-related issues both sensitive and complex.
At Downs Law Firm, I understand how important your children’s welfare is to you. I will work closely with you to navigate these legal processes, protect your parental rights, and ensure that your child’s best interests remain the priority throughout your case.
How will the division of assets work?
In Illinois, the division of assets during a divorce follows the principle of equitable distribution. This means that marital property—assets and debts acquired during the marriage—will be divided fairly, though not always equally. The court considers a variety of factors when making these decisions, including the length of the marriage, each spouse’s financial situation, contributions to the household (including non-financial contributions like childcare), and future earning potential.
It is important to understand that equitable distribution does not mean a simple 50/50 split. Instead, the court aims to achieve a division that is just and reasonable based on the unique circumstances of each case.
At Downs Law Firm, I will work with you to protect your interests and ensure that all assets are properly identified, valued, and divided fairly. With my experience and dedication, I will guide you through the process and advocate for a resolution that meets your needs.
Will I need to get spousal support or child support?
Financial support for you and your children is often a central concern during divorce proceedings. Few issues are as emotionally charged or heavily debated as spousal support (also known as alimony) and child support. Both forms of support are intended to provide financial stability, but they are determined by different legal standards and personal circumstances.
Spousal support is not automatically granted and depends on factors such as the length of the marriage, the financial resources of each party, and the ability to maintain a similar standard of living post-divorce. Child support, on the other hand, is generally calculated using a state-mandated formula that considers both parents’ incomes and the child’s needs.
At Downs Law Firm, I understand the complexity and sensitivity of these financial matters. I will advocate for a fair and equitable outcome, ensuring that your financial needs and those of your children are fully addressed and protected.
Finding The Answers Is Part Of The Process
The questions surrounding your divorce are not just important—they are essential to resolve before the process is finalized. Whether the concerns involve child custody, asset division, or financial support, every issue must be addressed. If you and your spouse cannot reach an agreement on these matters, the court will ultimately make decisions on your behalf.
With the right legal guidance, you can take control of these outcomes. As your attorney, I will work closely with you to understand your goals, address your concerns, and find practical solutions tailored to your unique situation. My priority is to help you navigate the legal process while protecting your rights and interests.
You don’t have to face these challenges alone. I am here to guide you through every step and help you move forward with confidence. Call my office or send an email today to begin finding the answers you need.