Geneva Divorce Lawyers

Dedicated Divorce Attorneys Guiding Spouses Through Contested and Uncontested Geneva, Illinois Cases

Illinois is a no-fault divorce state. You do not need to prove that your spouse did something wrong to end your marriage in Geneva. You only need to show that irreconcilable differences caused the marriage to break down. That means the marriage cannot be saved and attempts to fix it have failed or would not help. The harder questions usually involve money, property, and your children. Attorney Angel Traub has over 20 years of experience helping spouses work through those issues and plan for life after divorce.

What Do You Need to File for Divorce in Geneva?

To get divorced in Illinois, you or your spouse must have lived in the state for at least 90 days before filing or before the court makes its finding. If you and your spouse have lived separately for at least six months before the judgment, the court presumes this requirement is met. You can live "separate and apart" even while sharing a home, as long as you are no longer living as a married couple.

Each spouse must also complete a financial affidavit. This sworn form lists your income, expenses, assets, and debts. Mistakes on this affidavit can hurt your credibility, so it is important to work with an attorney and take the time to get it right.

Is an Uncontested Divorce Possible in Your Situation?

An uncontested divorce means you and your spouse agree on every issue. You will put those terms in a written marital settlement agreement, and a judge will review it before entering the final judgment. Illinois also offers a simpler process called joint simplified dissolution. It is only available to couples with short marriages, no children together, and limited property and income.

Even if you reach agreements, this does not mean you should sign a settlement without review. A missing term about a retirement account or a tax refund can lead to a dispute years later. At A. Traub & Associates, more than 150 clients have left us five-star reviews, and many came in for this kind of careful review before signing divorce settlements.

How Does Illinois Divide Property in a Divorce?

Illinois courts divide marital property in "just proportions." This means a fair split, which is not always an equal one. Property you owned before the marriage, or assets received as a gift or inheritance, are usually non-marital, and they will stay with you. Most property either spouse gained during the marriage is marital.

Some divorces are more complex. They may involve business interests, stock options, and investment property. Attorney Traub has experience in high-net-worth divorces. She has been named a Super Lawyer since 2020 and an Elite Lawyer since 2018. That background may help when your case involves assets that need careful tracing and valuation.

How Do You Know if One Spouse Will Receive Spousal Maintenance in IL?

Spousal maintenance, or alimony, depends on each spouse's financial situation. If the judge awards maintenance, Illinois typically uses a formula for couples earning less than $500,000 combined annually. Payments equal about 33 percent of the paying spouse's net income minus 25 percent of the receiving spouse's net income, subject to a 40 percent combined-income limit. The length of the marriage determines how long payments last, with longer marriages potentially leading to indefinite maintenance.

How Are Parenting Responsibilities Decided During a Divorce?

Illinois no longer uses the words "child custody" in its statutes. Instead, the court allocates parental responsibilities. These include decision-making and parenting time. Decision-making covers major choices about education, health care, religion, and activities. Parenting time is the schedule for when your child will be with each parent.

Parents must usually file a proposed parenting plan within 120 days after a petition for parental responsibilities is filed or served. The court can extend this deadline for good cause. If the other parent has not appeared in the case, a parenting plan is not required unless the court orders one.

A. Traub & Associates can help you build a plan around your child's needs and explain how child custody issues may connect to the rest of your divorce. When a parent struggles with mental health or substance use, the court may consider it when allocating responsibilities. Psychological and addiction issues in divorce often call for evidence, such as treatment records or an evaluation. We have experience handling these cases.

What Options Do You Have if Your Divorce Involves High Conflict?

A high-conflict divorce may involve threats, harassment, or a spouse who refuses to cooperate. If you face abuse, you may ask the court for an order of protection. A plenary order, which is the longer-term version, generally lasts up to two years. However, an order issued during a divorce may last until the final divorce judgment. If it becomes part of that judgment, it can remain in effect until the court changes or ends it. Orders of protection can also be extended. A judge may give one spouse exclusive use of the home during the case if staying together would put someone at risk.

Contact Our Geneva, IL Divorce Attorneys

At A. Traub & Associates, we focus on communicating with clients and treating them with compassion as we handle each case. You will receive clear answers, a voice in crafting a strategy, and steady support from your first meeting through your final judgment. Contact our Geneva divorce lawyers at 630-426-0196 to arrange a consultation.