Categories: Family Law

Your Rights During and After Your Divorce

Relationships are tricky. Marriages can be downright messy. With more than 50% of marriages ending in divorce, chances are high that you know someone who has walked through a divorce. You have heard the stories of ugly divorce proceedings or have held your friend’s hand as the repercussions of divorce resounded long after it was final.

If you find yourself in the middle of a separation, working towards a divorce, your emotions can run high. Finding the right attorney, who can guide you through this trying time, is crucial to assuring you exit the marriage with your finances – and sanity – in tact.

Your rights during a divorce

You have the right to pursue a divorce in Illinois without a waiting period before it is final. To file in Illinois, you must live in the state for at last 90 days. But there is no wait in order to make the divorce final.

Residents of Illinois live in a state that recognizes “no fault” divorces. In this scenario, you do not need to prove that your spouse did anything wrong to cause the divorce. There is no fault or penalty assigned to adultery, abuse, or otherwise. While the technical wait time is six months before divorce happens in Illinois, the court assumes this and your living arrangements do not always matter. For example, we have had clients at our office who are living together as they pursue their divorce.

Your rights after a divorce

Illinois is an equal distribution state when it comes to divorce, but it isn’t always as easy as it sounds. This means that marital property will be split between the two parties. Martial property includes anything (property, income, etc.) that is accrued after the couple is married. With the right attorney, you can fight to negotiate certain property to be distributed differently. We aim to seek maintenance for clients, as well as other financial assistance from the former spouse.

After a divorce, you also have the right to be involved with your children, and to receive support for a primary parent role. Be sure that you are working with an experienced attorney to assure that child support and parenting time conditions are understood and able to be negotiated as appropriate.

How to get help

Since 2016, there have been extensive changes to the Illinois Dissolution and Marriage Act. These changes can throw inexperienced attorneys for a loop, meaning you will not get the best outcome possible. Having an experience attorney, who is knowledgeable of these changes and how they can affect your particular case, is essential.

The team at Gandhi Selim Law is well versed in divorce proceedings and is committed to advocate for our clients at the negotiating table and in the courtroom. Don’t attempt to proceed with your divorce without Rajvi Gandhi Selim and her team on your side. Give us a call to set up your free consultation so that we can get to know you, and your situation, better.

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Gandhi Selim Law

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