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Chicago Divorce Lawyer > Blog > Divorce > Thinking about Getting a Divorce in Chicago? Here are 5 Things You Should Know about Chicago Divorces

Thinking about Getting a Divorce in Chicago? Here are 5 Things You Should Know about Chicago Divorces


When a person decides that their marriage has passed its prime, has fizzled out, or is just not workable anymore, they may consider getting a divorce. Something that many Chicagoans may not know about the divorce process is that it varies from state to state, and there can even be local court rules that vary between jurisdictions. There is no doubt that the Chicago divorce process can be complex and stressful for individuals seeking a divorce. To help Chicago residents who are perhaps thinking about getting a divorce for the first time, we have put together a list of 5 important basics in the Chicago divorce process. Here they are below.

  1. Residency Requirements in a Chicago Divorce Case

In order to file for a dissolution of marriage in Chicago, at least one of the spouses must have lived in the State of Illinois for at least 90 days. In addition, if both soon-to-be ex-spouses live in Cook County, the divorce can be initiated in Cook County.

  1. Chicago Divorce Cases and “No-Fault” Divorce States

We are all probably familiar with common grounds for divorce, such as adultery, financial waste (e.g., gambling, etc.), drug and alcohol abuse, domestic violence, and other reasons to end a marriage. However, some Chicago residents may not know that specific grounds for divorce do not need to be pled in a Chicago divorce case. Illinois is a “no-fault” divorce state, which means that a party need only plead that the spouses have “irreconcilable differences” and that the marriage is “irretrievably broken” as the grounds for divorce.

  1. Division of Property and Chicago Divorce Cases

In Chicago divorce cases, the court will look to divide marital property equitably. The court will analyze certain facts, such as each spouse’s contributions to the property, the financial circumstances of the spouses, and the length of the marriage in determining property division issues in Chicago divorce cases.

  1. Child Custody and Child Support in Chicago Divorce Cases

If there are minor children born of the marriage, the court must also determine child custody and child support in a Chicago divorce case. There are a number of important factors that aid the court in determining who the child will live with and who will make decisions on behalf of the child, as well as how much support the non-custodial parent should pay to the custodial parent.

  1. Mediation and Chicago Divorce Cases

While some Chicago divorce cases must be litigated all the way through a divorce trial, in some cases, the parties may opt to mediate a divorce settlement. It is best to speak with an experienced Chicago divorce lawyer about your rights and options in your specific divorce case.

If you are considering divorce in Chicago, contact the experienced Chicago divorce lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC. The experienced Chicago divorce lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC offer a confidential consultation to listen to your story and to see if they can help fight for you. Contact Birnbaum Gelfman Sharma & Arnoux, LLC and speak to a lawyer about your case today.

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