More Than 105 Combined Years Of Experience At Your Side In Illinois

Personalized and Zealous Representation for Individuals in Complex Divorces

Navigating the process of a divorce or the dissolution of a civil union is no easy task. Not only do you have to deal with the bureaucracy of the process, but also with all of the emotional and financial issues that come with it. The lawyers at Beck & Houlihan, P.C., are locally recognized for their work and dedicated to representing your interests during this difficult time. With over 105 combined years of trial experience, our attorneys are well-versed in making the process as successful and stress-free as possible.

What To Expect When Filing For Divorce In Illinois​

In Illinois, a person must have grounds for divorce. However, since 2016, Illinois is a no fault state. So, the court shall enter a judgment of dissolution of marriage if, at the time the action was commenced, a party can establish that they have lived separate and apart for a period of not less than 6 months, immediately preceding the entry of the judgment dissolving the marriage as set forth in Chapter 750 ILCS 5/401. This 6-month separation creates an irrebuttable presumption that irreconcilable differences caused the irretrievable breakdown of their marriage, and that reconciliation would be impracticable and not in the best interests of the family. One of the parties must also have been a resident of Illinois for at least three months.

​The Allocation of Parental Responsibilities (Formerly Known as Child Custody And Visitation)

If the couple has children, the court creates a Parenting Plan that allocates parenting decision-making and parenting time between the parents. The best interest of the child is the test that the court will apply in making a parenting plan. The parenting plan will allocate decision-making foreach aspect of a child’s life (health care, religion, education, extra-curricular activities etc.) between both parents or solely to one. The parenting plan will also allocate parenting time between the parties. In addition, the court may order individual counseling for the child, family counseling for one or both parents and the child, or parental education if both parents agree or the court finds that it is in the child’s best interest. The court may also decide on child support in order to provide for the reasonable and necessary needs of the child, without regard to marital misconduct. The court uses a set of guidelines to determine the minimum amount of support, and these are based on the income of the parties, the number of children, and the parenting time of each party but can also be adjusted based on the best interest of the child.

​Dividing Property And Alimony

Property division is another element of divorce that most couples have to deal with. The court considers marital property to be all property acquired by either spouse subsequent to the marriage but excludes property acquired before the marriage, by gift, legacy, after a judgment of legal separation, etc. Marital debt must also be considered when splitting assets and property in a divorce proceeding.​Regarding maintenance(also known as alimony or spousal support), the court must first determine whether a maintenance award is appropriate. If the court determines that it is appropriate, the court shall order maintenance in accordance with the guidelines set forth in Chapter 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act.

In determining maintenance, the court may consider such factors as income and property, realistic earning capacity, and any impairments to the earning capacity of each party, as well as the standard of living established during the marriage and other factors. Courts are required to provide reasons (or rationale) for all allocations. Once a court determines that a maintenance award is appropriate, then the statute provides for specific calculations for the amount and duration of maintenance. In its discretion, a court may deviate from “guideline” maintenance.