Divorce

If you have questions about how your state's laws may address the issues in your marriage or family, contact our firm to schedule a consultation with an experienced family law attorney.

Important Information about Family Law Proceedings

Provided by Attorney Phillip M. Kirby

If you are contemplating filing for divorce or are already a party to a divorce proceeding, you may have many questions about the law, the process, or your rights in a family law matter. The information below is designed to address your basic concerns, so that you can more effectively hire and work with a lawyer.

At the Kirby Law Office, in Springfield and Mason City, Illinois, we provide over 26 years of experience to men and women throughout central Illinois who are involved in a family law dispute. We know that family law matters can be emotionally challenging and take the time necessary to listen carefully to your concerns and help you accomplish your goals. We prefer to work with clients on an individual basis; you will always work directly with attorney Kirby when you retain us to handle your family law matter.

To learn more about our family law practice, see our page on divorce, custody and support. To set up an appointment, contact our office or call us at 217-726-9875.

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Illinois divorce lawyer with over 26 years of experience. At the Kirby Law Office, we handle a broad range of divorce and family law issues, from custody, visitation and child support to alimony and property division. We emphasize personal service, making certain that all your concerns are directly handled by an attorney. Contact our office online or call us at 217-726-9875 to schedule an appointment.

For experienced representation in divorce and family law matters, contact the Kirby Law Office, in Springfield or Mason City, Illinois. We work with clients at all stages of a divorce or family law matter, from the initial filing through requests for modification or enforcement of existing divorce decrees. We handle all matters related to or arising out of divorce, including child custody and visitation, child support, alimony or spousal support and property settlements.

Deciding to pursue divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves financial matters that must be resolved and legal issues that must be addressed. A family law attorney at Kirby Law Office in Mason City, Illinois, can help you to understand the basic issues involved in divorce and to use a rational approach to the divorce process.

Grounds for Divorce

Traditionally, a person filing for divorce had to prove grounds (fault) to obtain a divorce. Today, the majority of states allow at least one form of no-fault divorce that does not require proof of fault. If no-fault divorce is available in your state, either you or your spouse may obtain a divorce even if one of you does not consent.

Some states may require a legal reason for divorce. These are called fault-based divorces. Those states requiring a showing of fault have statutes that specifically outline the different types of conduct that are required before a divorce can be granted. Some of the more common types of fault that may be grounds for divorce are adultery, mental illness, conviction of a felony, abandonment, drug abuse, cruelty, impotency, and bigamy. In some states, both fault and no-fault divorce are available, and some courts consider fault when determining the amount of spousal support owed by one spouse to the other.

Alimony, Spousal Support, and Maintenance

Alimony, also known as spousal support or maintenance, is financial support paid by one spouse to the other. Because each state determines alimony differently, it is important to consult with an attorney in your state to determine what factors the court considers when deciding if, how much, and to whom alimony will be paid.

There are essentially three types of alimony: permanent alimony, reimbursement alimony, and rehabilitative alimony. Permanent alimony is an allowance for support and maintenance (such as food, clothing, housing, and other necessities) of a spouse. When a party requests permanent alimony, he or she must establish his or her need for support and that his or her spouse has the ability to provide for part or all of the need. Reimbursement and rehabilitative alimony are paid for a shorter period and most likely provide less than the standard of living during the marriage. Rehabilitative alimony is designed to provide the means necessary to enable a spouse to refresh or enhance job skills necessary to become self-sufficient and to provide financial support while the spouse is obtaining necessary training.

The types of factors the courts consider vary from state to state. In fault-based states the respective fault of the parties may be considered in awarding alimony. Other factors include the length of the marriage and each party's financial condition, age, health, education, and employment opportunities. Of all the issues that need to be resolved to dissolve a marriage, alimony and property division are often the most difficult issues to negotiate successfully.

Division of Property

Property division is often one of the most difficult issues to resolve at the termination of a marriage. Each state has adopted one of two basic systems for distributing property: equitable distribution (sometimes called a separate property system or common law system) or community property. Regardless of the system used, each state has its own rules for dividing marital property. States differ as to how marital or non-marital, community, or separate property is defined. States also use different rules to decide how the property should be distributed. This is a complicated area of family law, and the advice and assistance of a family law attorney familiar with the property division rules in your particular state can be invaluable.

Conclusion

Reaching the decision to end a marriage is always difficult. Once you do make the decision, it is in your best interest to approach the divorce process from a rational, business-like perspective, which is extraordinarily difficult given the emotional issues with which you must also cope. Working with a family law attorney at Kirby Law Office in Mason City, Illinois, who is experienced in family law can help you to get through the process with less stress.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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