Divorce Without Alimony In Chicago
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The court doesn't divide non-marital property in a divorce. Instead, each spouse keeps their own. For marital property, the court decides on a division that is fair, which could be a 50/50 split or another arrangement based on the couple's situation.
What qualifies you for spousal support in Illinois? There is no single factor that will automatically qualify you for spousal support. In general, if the other party makes significantly more than you and has supported you for a long time, alimony is likely in your case.
Illinois does have lifetime or indefinite alimony. This type of alimony lasts until one of the parties passes away or gets remarried. Indefinite alimony only gets ordered in marriages that lasted 20 years or more.
Married For 20 years or more: Courts can choose to order permanent spousal maintenance or maintenance for a length equal to the length of the marriage.
Consider the example of a marriage that lasted ten years. Spousal support can continue for 44% of the length of the marriage. That means spousal support could continue for 4.4 years. The Illinois maintenance calculator is a guideline.
Stay calm. Talk to your spouse. Try to understand what made your spouse come to this decision. Talk about how you will pace yourselves as you move toward divorce. Consider nesting for a period of time if you have children. Discuss a non-adversarial process. Accept and let go.
In Illinois, you are able to file for a divorce without a lawyer. It isn't easy to go through a divorce without legal help, but it is possible.
If he or she refuses to do so, then: You can file a motion for default. This means you are asking the court to grant you a divorce without your spouse's cooperation. The judge will then schedule a hearing to give your spouse a chance to appear and explain his or her reason for refusing to agree to the divorce.
But ultimately - if your spouse won't sign your divorce papers or won't participate in your divorce - you will need a judge to divorce you. What's important to remember is that if you and your spouse can't agree on your divorce terms a judge will decide your divorce issues for you. You WILL get divorced.
A contested divorce in Illinois typically takes 12 to 18 months. The timeline can vary based on the complexity of issues and the court's schedule. Disputes over property, finances, or child custody can extend the process.
