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Filing for a high asset divorce? Know what you need beforehand

In order to obtain a divorce in the state of Illinois, you must -- even if you are a member of the military stationed here -- be in-state for at least 90 days before commencing the action or filing for divorce at all. You will be asked to prove your residency and may be asked to not only affirm verbally but prove through documentation that this is the truth. Being aware of what you need before filing is a valuable asset at a time like this and you may benefit from the professional knowledge of someone who knows the laws of Illinois and can answer your questions.

Not only do you need your questions answered, you may not even know the questions to ask. Such as, what kind of state is Illinois: at-fault or no-fault? Illinois is both, but knowing when and why to file for an at-fault divorce is not an easy answer.

Filing for an at-fault divorce requires that you prove one of the following was occurring in your marriage: Impotency, bigamy, adultery, desertion for at least a year or drug usage for more than two years. Another reason for at-fault divorce is that your spouse has tried to kill you, has been subjecting you to repeated mental or physical abuse or has infected you with a sexually transmitted disease. Finally, if your spouse has been convicted of a felony, you can file for an at-fault divorce.

You will want to file for an at-fault divorce when you know there will be contention surrounding the question of alimony, spousal support or child custody/support issues. Being able to prove one of the above contingencies will give you fire power when trying to get a larger pay-out from your soon-to-be ex-spouse.

Knowing that you have a skilled and knowledgeable professional in your corner when you are filing for divorce, whether it is at-fault or no-fault, can be an invaluable asset at a time like this.

Source: Illinois Compiled Statutes, "Illinois marriage and dissolution of marriage act" Dec. 29, 2014

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Goddard & Malmquist
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