Chicago Divorce Litigation Lawyers & Attorneys

An unfortunate side of family law is divorce. We understand that issues that arise during a divorce can be time consuming, exasperating, and traumatic. The family's concerns—particularly children and child custody areas—are always most important. We treat each case with the delicacy and respect our clients deserve and distinguish ourselves by our personal consideration of our clients' cases and needs.

Statistics, Observation and Common Sense

Statistics tell us that today: *One out of every two marriages in the U.S. will end in a divorce; *The average length of a marriage is seven years; *Three out of four divorces are initiated by the wife; *For the purpose of determining alimony (also known as maintenance) in Illinois, a "long marriage" is considered one of at least fifteen years; *By 1990, 1,175,000 American couples were divorced, and 1,045,750 children were involved in these divorces; and *Divorce courts throughout the State of Illinois, alone, handle approximately 25,000 new cases per year plus an enormous amount of post-decree matters. Observation tells us that despite all the efforts of legislators, judges, attorneys, mediators and proponents of men’s, women’s and children’s rights to make a divorce easier and more equitable, short of serious illness or the death of a loved one, divorce is still one of the most traumatic events an individual can ever be expected to face. Common sense tells us that regardless of our cultural or religious backgrounds, divorce has become commonplace in American society. Consequently, it is unwise to dwell on the stigma of divorce or the reasons your marriage may have "failed." It may be wise, however, to realize that the best years of your life are yet to come . . . when you are free to seek happiness on your own terms

The Elements of Divorce in Chicago

Dissolution, also known as divorce, ends a marriage. A marriage is dissolved by a Judgment for Dissolution of Marriage issued by an Illinois state court. The court also decides related issues such as custody, visitation, child support, spousal maintenance, division of property, and responsibility for the payment of marital debts.

A. Grounds

Since 1977, a divorce can be obtained in Illinois simply on grounds that "irreconcilable differences have caused an irretrievable breakdown of the marriage." While the old grounds for divorce (e.g., adultery, attempted murder of a spouse, bigamy, conviction of a felony, desertion or extreme and repeated physical or mental cruelty, habitual use of alcohol or addictive drugs for two years or more, infection from the spouse with a communicable sexually transmitted disease or permanent impotence at the time of marriage) still exist, they require the party alleging these grounds to allege and prove that the ground occurred without any provocation on their part. For example, a wife who files for a divorce based on mental cruelty must also allege and prove that she did nothing to provoke her husband’s misbehavior.Clearly, the current preference is for what has come to be called no-fault divorce as the simplest, least time consuming and least costly option for couples who agree to divorce.A judge may grant a no-fault divorce if the parties have lived separately for a continuous period of more than two (2) years, there were irreconcilable differences and attempts to reconcile have failed or future attempts would not be in the best interest of the family.If the parties are in agreement that the marriage should be dissolved, and they have lived separately for six (6) months, they may waive the two year separation requirement by signing a written stipulation.

B. Filing Suit

Once your lawyer has been retained, they will begin work on your family law problem. When some clients go to an attorney’s office to discuss divorce, they may not have actually decided to take that big step. Many clients wish to know their options first. Alternative dispute resolutions such as negotiation and mediation (discussed below), are options you may want to talk about as well as whether or when to file for divorce. If your attorney raises the issue of reconciliation, they are not questioning your judgment, but are clarifying and confirming that you know your options and want a divorce.

In preparing a Petition for Dissolution of Marriage, the grounds for the divorce are stated, relevant information about the marriage given (i.e., date/place of the marriage; names and ages of children, if any), and a prayer for relief that the person filing ( the Petitioner) hopes the court will grant if the case is decided upon by a judge after a trial or should the court enter a Judgment by Default if the other party (the Respondent) fails to answer timely. Generally, after the Petition is prepared, the completed papers will be submitted to you for review and signature before they are filed.

In order for an Illinois court to grant a divorce, at least one party must be a resident of Illinois at the time the action is filed. That party is deemed to be a resident even if they have lived in the state for one (1) day. To receive a Judgment for Dissolution, however, one must be a resident of Illinois and the county in which the action was filed for ninety (90) days prior to the entry of an Order dissolving the marriage.

After the Petition is filed, it is placed with a process server - a court-appointed official - for service upon the Respondent. After the Respondent has received the papers, the law provides a specific time during which they may respond to your petition. This period may be extended by the court or by agreement between the attorneys.

C. Temporary Orders

Often it is necessary to get some kind of immediate relief when a divorce is filed and before notice is given to the Respondent.

(i) Temporary Restraining Orders are designed to prevent irreparable injury to the status quo. Simply put, marital assets in danger of dissipation, concealment or conveyance to third parties are "frozen" until the Respondent appears for a court hearing on why the court should not extend the protections throughout the duration of the divorce. Commonly, after the entry of an initial temporary restraining order, attorneys for the parties may agree that assets continue to be frozen, under a preliminary injunction, however allowances are made for either party to continue to deposit or withdraw monies for "the ordinary course of business" and/or "necessities of life" until the assets are fully accounted for and subject to a final division and distribution pursuant to the terms of a Judgement for Dissolution of Marriage.

(ii) Orders of Protection are court orders prohibiting the abuser (Respondent) from continuing abuse against the person bringing the action (Petitioner) or against any minor children in the household. The Order forbids the Respondent from both physically harming and causing a fear of harm. The order is enforceable throughout the state of Illinois.

Orders of protection can be obtained at the courthouse for the county where the victim lives. To protect the victim and substantiate their claim against an abuser, it is urged that an application is made as soon as possible after the abuse occurs. The petition for an order of protection is usually made by the victim, however, someone else may file the petition on the victim’s behalf if the victim is unable to file because of age, disability or health.

For a court order to be granted, the petition must be supported with evidence of the abuse; typically the Petitioner must execute an affidavit describing the events or incidents of the alleged abuse, the effects of the abuse and the on-going need for protection.

When an order of protection is sought without prior notice of the proceeding to the Respondent, a temporary or ex parte order, they are generally valid for up to 21 days; however a Respondent may, upon two days notice to the petitioner, appear and petition the court for a rehearing of the original ex parte order. The hearing is held so that the abused person and the person accused of abuse can tell the judge about the events surrounding the alleged abuse. A hearing will then determine whether the ex parte order previously issued will be dismissed - if the judge does not believe that the request for protection is supported by the evidence - or extended into a plenary order, that is good for up to two years - if the judge believes the Petitioner needs the order of protection for his, her or the minor child(ren)’s safety.

Usually an order of protection prohibits the Respondent from contact with the Petitioner and/or the party’s minor children, including visits to the Petitioner’s workplace or to the children’s school and may additionally grant the Petitioner exclusive occupancy of the party’s home; exclusive use and possession of the party’s personal property, including automobiles; temporary child custody; visitation agreements; child support or spousal maintenance arrangements; making the abuser pay restitution for property damage or attorneys fees incurred; or to receive counseling.

When an order of protection has been granted and the Respondent attempts to violate the order, the police should be contacted through their emergency ‘911' system and notified of the order. Once an order of protection is enforced by the police (usually by removing the offender from the premises), a complete police report should be filed documenting the incident.

Violating an order of protection is a criminal offense. Police officers may arrest the abuser and, even if the police do not make an arrest, they still must inform the victim of their right to request criminal proceedings, seek medical help, take photographs to document the abuse and keep evidence, such as damaged property. Police officers must also file reports of every incident and investigate any believable allegation of abuse.

It should be noted that courts scrupulously maintain these orders as extraordinary remedies. Practically speaking, they are not freely given nor should they be carelessly employed; and sanctions may result from their frivolous use.

Suggestion is made that a skilled attorney is in the best position to assess your specific needs and determine if a request for the relief(s) discussed hereabove are applicable to your situation and will strengthen or weaken your case.