Illinois Marital/Civil Union Settlement — Divorce is the legal process through which married couples or civil union partners in the state of Illinois can obtain a divorce. This process entails the negotiation and drafting of a marital settlement agreement, which is a written document that outlines the terms of the agreement between the parties. The terms of the settlement may include the division of marital/civil union assets and liabilities, spousal/civil union support, and child custody and visitation arrangements. The agreement must be signed by both parties and accepted by the court in order to be legally binding. Depending on the circumstances, the divorce may also involve the filing of a petition for divorce, an evidentiary hearing, and a trial. There are two types of divorce in Illinois: fault-based and no-fault-based divorce. In a fault-based divorce, one spouse must prove that the other spouse is legally at fault for the breakdown of the marriage or civil union, while in a no-fault divorce, neither spouse needs to prove fault.
Illinois Marital/Civil Union Settlement - Divorce
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FAQ
There is no hard and fast rule as to who gets the home in an Illinois divorce. Generally, if there are minor children, then the spouse with the majority of parenting time will typically get the house. The other spouse will then be compensated for their share of the house in other ways.
Illinois is an equitable division state, so marital property does not have to be split evenly. Marital property is property owned by both parties.
Illinois is an ?equitable distribution? state, which means the court won't simply divide marital property evenly. Rather than splitting everything 50/50, they look at each party's current situation and future needs.
: a written agreement regarding matters of support, custody, property division, and visitation upon a couple's divorce. called also marriage settlement agreement.
An Illinois marital settlement agreement is a contract that lays out how a married couple intends to manage their child care responsibilities and divide marital property after a divorce.
Each spouse is entitled to a fair share of the couple's marital estate taking into account factors such as the duration of the marriage, financial and non-financial contributions, access to separate assets, child custody responsibilities, and post-divorce economic circumstances.
Illinois is an equitable division state, so marital property does not have to be split evenly. Marital property is property owned by both parties. This type of property is split during the property division phase of a divorce. Marital property does not have to be split evenly, rather it is split equitably.
