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Family Law (Dissolution)

Family Law (Dissolution) Attorneys

In an ideal situation, when two married people decide to separate they would be able work out the terms of dissolution and each go on their way. Unfortunately, for most dissolutions the process is much more complicated. There may be serious disputes over children, assets and/or property. Emotion can also be a major factor in disputed dissolution cases, where anger, sadness and frustration can complicate even the simplest separations. Having an Illinois family law attorney on your side can simplify and speed up the dissolution process and ensure that your best interests are protected.

The Dissolution Process

In order to file for a dissolution of marriage in Illinois, at least one of the parties seeking the dissolution must be a resident of the state of Illinois.  Before a Judgment of Dissolution can be entered, that person must have been a resident of the state of Illinois for at least 90 days.  The only ground for dissolution in Illinois now is irreconcilable differences that have caused an irretrievable breakdown of the marriage. 

Some people file for a simple, uncontested dissolution without a lawyer; however, most dissolutions are not so simple, even if they are uncontested. There are a number of topics that may have to be discussed between separating couples, including:

  • Parental Responsibility
  • Parenting Time
  • Child Support
  • Pet Custody
  • Spousal Support
  • Residency
  • Primary Home Ownership
  • Finances and Bank Accounts
  • Automobiles and Other Property
  • Debts
  • Life Insurance
  • Business Assets

Contested Issues

When the people seeking a dissolution cannot decide how to divide assets or how to handle the issues involving their children, or cannot reach an agreement on other issues, it may be up to the judge to decide these matters. A judge will hear testimony from both parties and look at the evidence and any other relevant information in order to equitably divide the property and/or establish a plan relating to parental responsibilities and parenting time, taking into consideration the best interest of each child.

One of the primary areas of dispute in a dissolution case involves how to divide the parental responsibilities and the parenting time between the parties after the dissolution.   If the parties are unable to come to an agreement on these issues, a judge will make the decisions for them.  The Illinois Marriage and Dissolution of Marriage Act provides that the fullest involvement in the children's lives by both parents is the ideal and the judge will adjust parental responsibilities and parenting time as are in the best interest of the children.

The other major area of dispute involves finances. Both parties may agree how to divide the property, while others want their share of all property owned under the marriage. Financial division discussions can quickly escalate when one party thinks the other is trying to get more than his or her fair share or is trying to take advantage of the other. Having a family law attorney represent you during your dissolution can help to make sure disagreements don't get out of hand and protect your share of your money and property.

Illinois Family Law Attorneys

If you are considering filing for dissolution or if you have been served with a notice that your spouse is filing for dissolution, you should consider speaking to an experienced Illinois family law attorney. Things may start out civil, but they can quickly escalate into a heated dispute that can prove to be expensive, painful, and long and drawn out. Your attorney can explain to you all of your options, and work to ensure your children, pets, property and your future are protected. Our attorneys have successfully handled numerous dissolution cases for our clients in Peoria and throughout the state of Illinois. If you are facing a dissolution or separation, contact Benassi & Benassi, your experienced Illinois dissolution attorneys.

Practice Areas

Workers’ Compensation
Motor Vehicle Accident
Family Law/Dissolution
Personal Injury/Nursing Home Negligence/Medical Malpractice
Sexual Harassment and Hostile Work Environment

Practice Areas

Employment Discrimination
Retaliation claims and Whistleblower in the Workplace
Class Action Lawsuit and Multi-Plaintiff Cases
Civil Rights Litigation
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