This is a list of the top 6 issues in an Illinois divorce case.
Grounds for Divorce
The petitioner may specify "irreconcilable differences" or any of various fault-based grounds such as adultery, mental cruelty, physical abuse. There is no financial advantage to pleading a fault-based grounds for divorce.
Child Custody - Legal custody and Physical Custody.
Child custody is awarded to based upon the "best interests" of the child; although joint legal custody is common, the party receiving physical custody is called the "custodial parent."
The non-custodial parent has the right to reasonable visitation.
The non-custodial parent pays a percentage of their net income to the custodial parent; the percentage is set by Illinois statute.
Spousal maintenance / Spousal support
Temporary or permament spousal support may be awarded based upon a number of factors including need and ability to pay.
Equitable distribution / property settlement
The marital property will be divided based upon a number of equitable factors.
Additional resources provided by the author
Please visit TheChicagoDivorceLawyer.com for a more comprehensive treatment of the above issues.
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