Illinois is now considered a no-fault divorce state because it only allows parties to file for divorce by citing so-called irreconcilable differences. In other words, the marriage simply did not work out, but that is not the fault of any one specific action of either party.

If you are considering divorce, a family law attorney in DuPage County can help you determine whether you and your spouse have experienced irreconcilable differences.

No-fault and At-Fault Grounds for Divorce

How quickly your divorce is finalized typically depends on whether your divorce is considered a contested or uncontested proceeding. Uncontested divorces are generally resolved faster, since the parties can come to an agreement and avoid the time and expense of litigation.

However, uncontested divorces are not appropriate for spouses who cannot agree on all of the most important aspects of a divorce, including spousal and child support, a parenting plan and custody agreement, and division of the assets and debts.

If you are seeking a divorce and wonder which method of divorce proceedings would be right for you, one of our experienced family law attorneys in the Wheaton area who handles divorce can discuss with you the pros and cons of both contested and uncontested divorce.

If you are seeking a divorce in Illinois, you may have questions about who is responsible for paying attorney’s fees. Many people believe that it is only fair that the party whose actions led to the divorce, or who first filed for divorce, should be responsible for the attorney’s fees.

This is not always the case though. Ultimately, the decision about attorney’s fees is often left to the court's discretion. However, your divorce lawyer can certainly request that the judge assign the attorney’s fees - entirely or in part - to your spouse.

Factors the Court May Consider in Assigning Fees

In many cases, the most difficult part of a divorce case is not comprised of the trips to court, splitting assets, or determining child custody. Often, these issues can be resolved relatively amicably, either through negotiation or mediation. For many people, the most difficult part about divorce is just telling your spouse that your marriage is over. You may have been having issues for quite some time and be trying to resolve them through therapy, or it could just be that on your own you feel yourself drifting away from your spouse. So how do you go about saying that you want a divorce?

Be Direct and Honest

There are several things to keep in mind when telling your spouse that you want to get divorced. The first thing to remember is that honesty is the best policy. Sit down with your spouse and tell them directly that you want to end your marriage. They may be angry or upset. If you two have been having issues for awhile, they may be somewhat understanding.

When a court awards spousal maintenance or child support, the judge will look at the income and assets of each party. This is often a fairly routine matter, but in some cases--particularly divorces where a large number of assets are involved--spouses unfortunately attempt to hide what they have or transfer property to reduce their future maintenance or support payments.

While uncommon, it is important to understand how spouses attempt to avoid these obligations and what you can do to ensure assets are accurately counted before a court enters a judgment.

Dissipating Marital Assets in Illinois