Divorce and Legal Separation Laws in Illinois
At the Law Offices of Patrick Markey, P.C., we strive to help our clients successfully navigate all facets of the legal separation and divorce process in Illinois, including property division and maintenance payments.
Illinois is a no-fault state, meaning that it does not look to marital misconduct when dividing property or awarding monetary support. All property acquired during the marriage with a few exceptions is considered marital no matter which spouse is named on the title. Property includes but is not limited to: real estate, bank accounts, retirement accounts such as 401(k), pensions, stock options, businesses, vehicles, whole life insurance policies, personal property, etc. The court must equitably allocate all the property of the marriage based on number of factors, and will treat debts incurred during a marriage in a similar manner.
The court can award maintenance (formerly known as alimony) based on several factors including but not limited to: the duration of the marriage, standard of living during the marriage, age and physical/emotional condition of each party and the present and future earning capacity of each party.
Children & Your Divorce
To learn more about how your children will be affected by your divorce, please read our information about how child support, custody and visitation is handled in Illinois.