What are the key points in a highly contested divorce case in Cook County, IL without assets?

Question from DIVA, What are the key points in a highly contested divorce case in Cook County, IL without assets?

Answer from AI:

In Cook County, Illinois, a highly contested divorce case without significant assets still involves several critical factors. Understanding these key points can help you navigate the process more effectively. Here are the main considerations:

1. Grounds for Divorce

Illinois is a “no-fault” divorce state, meaning that the only grounds for divorce are “irreconcilable differences.” This means that the marriage has broken down irretrievably, and there is no chance of reconciliation.

2. Child Custody and Parenting Time

If children are involved, custody and parenting time (formerly known as visitation) are often the most contentious issues. The court will consider the best interests of the child, which includes:

• The wishes of the child, depending on their age and maturity.
• The wishes of the parents.
• The child’s adjustment to home, school, and community.
• The mental and physical health of all individuals involved.
• The relationship between the child and each parent.

3. Child Support

Even if there are no significant assets, child support is a crucial issue. Illinois uses an “income shares” model to calculate child support, which considers the income of both parents and the amount of time each parent spends with the child.

4. Spousal Maintenance (Alimony)

In cases where one spouse may need financial support, the court may award spousal maintenance. Factors considered include:

• The duration of the marriage.
• The needs of each party.
• The present and future earning capacity of each party.
• The standard of living established during the marriage.

5. Legal Fees

In highly contested cases, legal fees can become significant. Illinois law allows for the possibility of one spouse being ordered to pay the other spouse’s legal fees, depending on the financial circumstances of each party.

6. Mediation and Settlement Conferences

Cook County often requires mediation for contested issues, especially those involving children. Mediation is a process where a neutral third party helps the spouses reach an agreement. If mediation fails, a settlement conference may be scheduled to encourage a resolution before trial.

7. Court Procedures

Understanding the court procedures is essential. This includes:

1. Filing a Petition for Dissolution of Marriage.
2. Serving the petition to the other spouse.
3. Attending court hearings and complying with court orders.
4. Participating in discovery, where both parties exchange information and documents.

8. Final Judgment

The final judgment will be issued by the court, which will include decisions on all contested issues. This judgment is legally binding and enforceable.

When to Seek Legal Advice

Given the complexity and emotional intensity of a highly contested divorce, it is advisable to consult with a legal professional. An attorney can provide personalized advice and represent your interests in court.

For more detailed information, you can refer to the [Illinois Marriage and Dissolution of Marriage Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59) and the [Cook County Circuit Court’s Family Law Division](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Department/Domestic-Relations-Division).

Remember, this information is intended to provide a general understanding of the key points in a highly contested divorce case in Cook County, IL. For personalized legal advice, always consult with a qualified attorney.