Jeffrey A. Bivens, PC

Why does divorce take so long?

There are many aspects to a divorce.  In addition to the dissolving of the marriage, issues of property division, debt allocation, child custody, child support and maintenance have to be resolved.

But isn't Illinois a "no-fault" state?

Yes and no.  Illinois is not a pure "no-fault" state, because there is a waiting period.  The waiting period is two years, but if the parties agree it can be reduced to six months on the ground of irreconcilable differences.

I can prove my spouse committed adultery.  Does this mean I will get everything?

No.  Illinois law states that the court determine property division and maintenance without regard to marital misconduct.  This can be grounds for obtaining a divorce but it will no result in a better division of property or an increased maintenance award.

So in other words everything has to be divided equally?

No.  Illinois law requires an "equitable" division of property.  Equitable can mean equal in a lot of cases, but in a long term marriage equity usually favors the spouse with the lesser requiring potential.

But everything is in my spouse's name.  Does this mean that I get nothing?

No.  Illinois is not a community property state, but there is a presumption that anything acquired during the marriage is marital property and is subject to division by the court.  If property was owned prior to marriage or was received by gift or inheritance it generally remains the property of that spouse.

Questions?  I will answer those specific to your needs.  Call Jeffrey A. Bivens, Pc at (815) 399-2299 for your free initial consultation at 4855 E. State St., Rockford, IL 61108

4855 E. STATE ST., ROCKFORD IL 61108  - Divorce Frequently Asked Questions