Illinois Divorce Lawyer
At Hurst, Robin, Kay & Allen, LLC, we are a dedicated team that understands how difficult divorce can be. Ending a marriage can be a challenging experience, as you navigate a new path forward. We are committed to providing legal support that is compassionate yet effective, so you spend less time worrying about disputes and negotiations with your ex. Our Illinois divorce lawyer can guide you through divorce so that you can focus on creating a new life for yourself while parting ways. If you have questions or want us to start working for you, contact us now!
Divorce Lawyer Illinois
We know that ending a marriage can be a turbulent process, especially if you and your ex are contentious. Our divorce attorney knows that divorce remains a significant aspect of our social world, as we may connect and disconnect from people throughout our lifetime. A divorce can be filed on account of irreconcilable differences, which is a no-fault ground and neither party is blamed for the marriage not working out. The state of Illinois requires that the spouses must live apart for a consistent period of no less than six months before they can finalize their divorce, however they can cohabitate if they are living lives that are separate under the same roof. As our Illinois divorce lawyer explains, through this no-fault approach, the process is simplified and focused on marriage dissolution instead of who is at fault.
For Illinois divorce cases, there is a distinction between marital and non-marital property, including debts and assets incurred by either spouse during the marriage. Examples of marital property could be vehicles, real estate, retirement accounts, bank accounts, and business interests. By comparison, non-marital property could be assets owned by one spouse before the marriage, in addition to items they received on an individual basis, like gifts or inheritances. The courts use the concept of equitable distribution when dividing property, so that the division is based on fairness instead of a strict 50/50 split. How property is classified can also influence the outcome of property division, based on what is deemed martial or non-marital. If you have further questions, contact our divorce attorney today.
For Divorce Cases, Experience Matters
If you are preparing for divorce or would like guidance regarding a divorce negotiation or other matter, let our divorce attorney assist you. You can depend on our team at this time because:
- Clients would say that we handled their divorce in such a way that their difficult situation had become more manageable.
- We have received numerous awards, such as a 2025 Super Lawyers award to Brian Hurst and Olga Allen.
- We offer free initial consultations so that you can learn more about how we can help and then get started right away.
Understanding Legal Separation and Its Benefits
A legal separation can be a permanent resolution or the precursor to the total dissolution of a marriage. The process is a court-ordered arrangement permitting a married couple to lead separate lives, including separate finances. The process of legally separating is preferred by couples who are unsure of the salvageability of their marriage but wish to set specific boundaries should divorce follow. These boundaries include:
- Separation of assets
- Child support
- Custody
- Visitation
- Other financial obligations
A legal separation might also be a requirement for divorce in several states. To learn more about the laws in your area, contact a local divorce attorney.
General Benefits of Separation
While some people might not understand the advantages of a legal separation as opposed to a divorce, there are several. First, legal separations are not as permanent as a divorce, meaning couples hoping for a reunion will find it easier to reverse their course should they so choose. Second, a legal separation does not dissolve the marriage, meaning it does not go against specific religious tenets. Third, a couple might want to retain retirement and healthcare benefits. Finally, many couples find that legal separations are easier on children because the process retains the family unit.
Informal Separations
While a legal separation creates an enforceable agreement, many couples opt for private separations without legal interference. These informal separations allow couples to reduce costs while refraining from the prominence of legal proceedings. However, despite the ease of informal separations, legal separation provides protection and requirements for both parties, which are enforceable after the official separation date.
Advantages of Separation Over Divorce for Benefits
Even if a couple is committed to a permanent separation or a future divorce, a legal separation can have its benefits. Many retirement funds, pension, and social security benefits require a couple to be wed for at least ten years for both spouses to benefit. Divorce could eliminate all potential benefits for one spouse if that time frame is not met. A legal separation can help a couple get to a milestone year and secure all benefits for both parties.
Separation Timeline
Similar to a divorce, a legal separation takes time to complete. Every state is different, meaning the timeline is too. A legal separation can occur within six months to a year of the initial filing date in most situations. The cost of separation also varies by state, between $50 and $300, depending on the complexity of the case.
Our Illinois divorce lawyer understands that divorce can be tumultuous, particularly if your ex is purposefully making things more difficult than they need to be. For more information on how we can help, contact our team at Hurst, Robin, Kay & Allen, LLC for immediate support.