CHICAGO, IL – Individuals facing the end of their marriage in Cook County must navigate complex legal requirements governing property division, parental responsibilities, and spousal support under Illinois law. Chicago divorce attorney Molly Caesar of Caesar & Bender, LLP (https://www.caesarbenderlaw.com/chicago-divorce-lawyer/) explains the legal grounds for divorce, how courts divide marital assets, and what factors determine parenting time allocations.
According to Chicago divorce attorney Molly Caesar, Illinois operates as a no-fault divorce state under the Illinois Marriage and Dissolution of Marriage Act. The only ground for dissolution is irreconcilable differences, meaning individuals do not need to prove adultery, abandonment, or other wrongdoing. “Couples must show they have lived separate and apart for at least six months before the court enters a judgment,” explains Caesar. “This does not require separate residences—spouses can live in the same home while maintaining separate lives.”
Chicago divorce attorney Molly Caesar emphasizes that Illinois follows equitable distribution principles when dividing property and debts. Marital property includes all assets acquired during the marriage, regardless of whose name appears on the title. In contrast, the non-marital property, such as inheritances and gifts, remains with the original owner. Courts consider factors such as the length of the marriage, each spouse’s economic circumstances, and contributions to the marital estate when determining a fair division.
Caesar notes that Illinois no longer uses the term “custody” and instead refers to parental responsibilities, which encompass both decision-making authority and parenting time. “Courts allocate these responsibilities based on the child’s best interests, considering each parent’s past involvement in caregiving, the child’s relationships, and each parent’s willingness to support the other parent’s relationship with the child,” she adds.
The firm handles cases throughout Cook County involving complex asset valuation, contested parenting arrangements, and spousal maintenance calculations. Caesar’s background in psychology and social work provides unique insight into the emotional dynamics affecting family law matters.
Attorney Caesar advises that uncontested divorces, in which both parties reach an agreement on all issues, typically conclude within 60 to 90 days in Cook County. Contested cases involving disputes over property division, parenting time, or support can take 12 to 24 months or longer, depending on complexity and court availability. “Early intervention and thorough preparation are essential regardless of whether a case proceeds through negotiation or litigation,” Caesar observes.
For high-net-worth divorces, the firm works with forensic accountants and business valuators to ensure accurate assessment of closely held businesses, stock options, and investment portfolios. “Proper valuation is critical because inaccurate appraisals result in unfair division,” notes Caesar. “Discovery and forensic accounting can uncover attempts to hide assets through offshore accounts or underreported business income.”
Illinois law provides specific guidelines for calculating child support using an income-sharing model that considers both parents’ incomes and the parenting schedule. Spousal maintenance awards depend on factors including income disparity, length of marriage, and earning capacity. For marriages under 20 years, maintenance duration is governed by percentage-based guidelines, whereas longer marriages may result in indefinite or reviewable maintenance.
Individuals seeking divorce in Cook County should understand that Illinois requires at least one spouse to have been a resident of the state for 90 days before filing for divorce. For those facing the dissolution of a marriage, consulting an experienced family law attorney may provide clarity on legal rights and strategic options.
About Caesar & Bender, LLP:
Caesar & Bender, LLP is a Chicago-based law firm dedicated to family law matters throughout Cook County. Led by attorneys Molly Caesar and Michael Ian Bender, the firm handles divorce cases ranging from uncontested dissolutions to complex high-net-worth litigation involving substantial assets and contested custody disputes. For consultations, call (312) 236-1500.
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Email: mbender@caesarbenderlaw.com
Website: https://www.caesarbenderlaw.com/
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Company Name: Caesar & Bender, LLP
Contact Person: Michael Ian Bender
Email: Send Email
Phone: (312) 236-1500
Address:150 N Michigan Ave #2130
City: Chicago
State: IL 60601
Country: United States
Website: https://www.caesarbenderlaw.com/