Divorce Lawyer in Chicago

Divorce Lawyer in Chicago

Filing for divorce can be one of the most complicated and difficult choices you will have to make. Whether you are anticipating a relatively stress-free divorce in which you and your spouse agree to all terms or you are anticipating a contentious divorce that will require the court to make decisions about financial matters and child custody, you should be sure to have experienced counsel on your side. 

When you need a knowledgeable divorce lawyer in Chicago, turn to Hammer Serna & Quinn, LLC. Our firm can discuss your case with you and can get started on filing your petition for divorce. 

Chicago Divorce Issues We Handle

At Hammer Serna & Quinn, LLC, we handle many different types of family law issues pertaining to divorce, including but not limited to the following: 

• Filing a petition for dissolution of marriage
• Classifying marital and separate (non-marital) property
• Valuing marital assets and debts
• Complex property division
• Dividing a business in a divorce
• Spousal maintenance
• Allocation of parental responsibilities
• Creating a parenting plan
• Child support under the “income shares” model
• Modifying spousal maintenance orders
• Modifying child custody orders (also known as allocation judgments)

Beginning the Divorce Process in Illinois

To get started on a divorce case, you will need to file a petition for the dissolution of marriage. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), anyone filing for divorce in Chicago no longer needs to state grounds for divorce. As a “no-fault state,” Illinois (like most states) allows married couples to divorce on the basis of irreconcilable differences, and couples need only state that the marriage cannot be saved, not who is at fault for the breakdown.

In situations in which the spouses have lived separate and apart for at least six months, the court presumes that the requirement of irreconcilable differences has been met, even if one party contests the divorce. However, living separately for six months is not required for a divorce to be granted in Illinois.

Property Division in a Chicago Divorce

Illinois law divides marital property according to a theory of equitable distribution. This means that only marital property, including assets and debts acquired during the marriage, will be divided. When marital assets and debts are divided, the court divides them based on what is fair or equitable to both of the spouses. The court looks at a number of different factors in determining what kind of division or distribution is equitable under the circumstances of the case. It is important to understand that separate or non-marital property is not divided in a divorce. Separate property typically includes all property acquired before the marriage, as well as gifts and inheritances acquired by only one of the parties during the marriage. 

Seek Advice from a Trusted Divorce Lawyer in Chicago

If you have questions about divorce or need assistance with your case, a Chicago divorce attorney can assist you. Contact Hammer Serna & Quinn, LLC, today to schedule a consultation and discuss the specifics of your case.