Divorce, Are You Considering it?

Besserman Law,  Mrs. Besserman, an Illinois Divorce Lawyer works to make the divorce process more manageable and less stressful for clients by explaining all relevant legal issues and responding to the individual needs of each case. For most families, divorces are very complex and involve a great deal of sadness, anger, anxiety and confusion. At Besserman Law, the goal is to work to make the divorce process more manageable and less stressful by describing all relevant legal issues and responding to the individual client’s needs in each case. Our aim is to assist our clients in realizing the guardianship arrangements they desire, mental peace of mind, and also restart the essential financial security to successfully rebuild their lives following a divorce.

As most men and women are unfamiliar with the legalities encompassing divorce, Besserman Law can assist you to create and carry out a strategy to effectively manage the issues that include ending a marriage. Some of these issues are transitioning to an income, possibly sharing parental duties and breaking up property gathered during your marriage. Taking the opportunity to listen to your concerns and lead you through every facet of your case in what Besserman Law takes pride in.

There is a small initial consultation fee, but if you retain Besserman Law Office, this amount will be deducted from the required retainer.

What exactly are the “Fault” Grounds?

• alcohol abuse or drug addiction for 2 years
• abandonment for a period of at least one year
• adultery
• impotence
• bigamy
• trying to take the other spouse’s life
• a felony conviction
• severe and frequent physical or mental cruelty
• infecting the other mate with a sexually transmitted disease.

What’s a “No-Fault” Divorce?

As mentioned previously, a “no-fault” divorce means that neither spouse was at fault for the breakup. You will not have to prove, or be subjected to your spouse’s claims of, married misconduct (the fault reasons listed above.)

• Spouses have lived apart and apart continuously for two years
• Further efforts at reconciliation would be unachievable and not in the best interests of the family.
• Attempts at reconciliation (getting back together) have worsened
• Irreconcilable differences have caused the unrecoverable breakdown of the marriage

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These fault-based reasons will have little effect on the result of a divorce. That is because the fault isn’t recognized by Illinois courts in deciding how to divide property between the spouses, or when establishing the amount of alimony. When courts are contemplating child custody and visitation issues, they may come into play, yet.

Divorce Laws in Illinois

The word divorce refers to the termination or legal dissolution of a marriage. In divorce and all family law -related topics, each state has a separate collection of laws that must be closely followed in order for a divorce to be lawfully binding. In Illinois, divorces can only be given if one or both of the spouses satisfies the state residency condition and if the grounds for the divorce are considered valid.

Residency — A divorce may be allowed as long as one of the spouses was a state resident for a successive period of 90 days prior to filing for divorce by an Illinois court, or was stationed in the state for 90 days while a member of the armed services. The divorce proceeding will take place in the county where one or both of the spouses lives. Any post-divorce claims will likely be handled by precisely the same court.

Grounds — Most Illinois divorces occur on a no-fault basis, citing irreconcilable differences as the reasons for divorce. Illinois does have fault grounds for divorce too, such as mental cruelty, adultery, and desertion. Whether you or your spouse pursues a no- fault or fault -based divorce will depend on a number of factors. Issues such as the standing of your relationship, your wants, and concerns and interests during and after the divorce process will undoubtedly be taken into account.

Deborah represents men & women in all types of divorce cases, from the easy, uncontested divorce to the sophisticated, high-strength case or disputed custody cases. No matter the conditions, our experienced lawyers will guide you through the process while supplying you with all the information that you have to make informed choices on the way. Our family law attorneys describe every measure and determine which problems are most important to your situation while formulating an effective strategy to deal with them.

Which are the Reasons for Divorce in Illinois?

The old notion that just an “innocent” spouse may file for divorce was dropped in Illinois. Although Illinois still keeps the traditional “fault” grounds for divorce, it is added a “no-fault” ground called “irreconcilable differences.” Regardless if one was at fault or participated in just about any marital misconduct including adultery now, either spouse may file for divorce.

Illinois Adopts a New Formula for Calculating Spousal Maintenance (“Alimony”)

Starting on January 1, 2015, the State of Illinois altered the way maintenance is figured in certain circumstances. The current 2015  Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/504), changing the current law on care, applies only to couples with consolidated gross income of less than $250,000, and for whom the judiciary has decided that maintenance is appropriate. For couples with a gross income in excess of $250,000, there’s still no formula for maintenance. It is crucial to hire an experienced divorce or custody attorney review your details and decide whether maintenance is likely in your situation.

This change of the law provides more uniformity in care (i.e. alimony) awards and limits (to a certain degree) the judge’s discretion. In earlier rulings, judges computed care in line with the factors listed in the law, which allowed for a wide variety in the amount of maintenance awarded and its particular duration.

The brand new formula provides for a maintenance award equal to 30 percent of the gross income of the payor, less 20 percent of the payee’s gross income for an annual maintenance sum. The result is not to be higher than 40 percent of the parties’ combined gross income when combined to the payee’s gross income.

The duration of care is directly related to the length of the marriage.

Added changes include:

• Judges cannot distribute unallocated maintenance and child support unless both participants agree.
• Judges are now allowed to make maintenance awards permanently terminate (vs. being reviewable) for marriages that have a divorce start before their tenth anniversary.

While judges aren’t required to use this maintenance formula, they need to offer an explanation, or findings if they decide not to follow these guidelines. This new instrument helps us to work together with the opposing party to reach a spousal support arrangement that is fair and proper while maintaining financial stability for the two parties.

In the event you are facing a divorce, Besserman Law can provide the strong, compassionate legal support you along with your family demand in this difficult time. Please call us at (618) 709-7775 or contact us online to schedule an initial consultation. There is a small initial consultation fee, but if you retain Besserman Law Office, this amount will be deducted from the required retainer.

Frequently Ask Questions (FAQ) of Divorce

Do we Need To Wait Before we File for a No-Fault Divorce?

Not always. In the case, you as well as your spouse, have lived apart for a continuous period of at least six months before admission of the divorce judgment, the two-year separation requirement could be waived, but only if you both consent in writing to do this. In case the two of you cannot consent, then you will have to satisfy the 2-year condition.

Do you know the Important Legal Problems in a Divorce?

The important problems that commonly come up in divorce cases are property division, child custody and visitation, child support, and alimony.

Partners can enter into an agreement, property settlement agreement or divorce agreement, to resolve all or a number of the problems presented by their divorce case. This agreement, and, in particular, any arrangements regarding child custody and child support, will need court acceptance.

They will have to fight it out in court where a judge will determine for them under the principles of Illinois law if spouses can not agree on any of the problems.

What’s a Legal Separation?

If you are living separate and apart from your spouse, you can petition a court to allow you a legal separation and fair support or alimony. Either spouse will not be prevented by a ruling for legal separation from filing for divorce after. 

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