Chicago divorce attorney Russell Knight releases a new article (https://rdklegal.com/abandonment-and-divorce-in-illinois/) explaining abandonment and divorce in Illinois. The lawyer mentions that people usually do not announce that they want a divorce. In some cases, people just leave and their spouses never hear from them again. However, part of the moving on the process from the spouse who abandoned them can involve getting a divorce.
“Before 2016, you used to have to prove “fault” to get a divorce in Illinois. There was a laundry list of reasons you could ask for divorce back then; Adultery; cruelty or violence; willful desertion for 1 year; and many others. Three of those reasons; willful desertion, unexplained absence, and 2 years of separation were all, essentially, abandonment,” says the Chicago divorce attorney.
The lawyer explains that in Illinois, there is no need for any other reason to get a divorce in Illinois. All divorce in Illinois is now due to “irreconcilable differences” which requires no real proof. The fact that the person filed for divorce is already proof of the irreconcilable differences in itself.
Attorney Russell Knight adds that the biggest issue with abandonment is finding the abandoning spouse. After serving the other spouse, the divorce may be resolved. This is because personal service in a divorce is called personal jurisdiction. The petitioner in a divorce can enter child support or maintenance/alimony order, and/or disposition of marital property against a respondent.
According to attorney Knight, “If a spouse has truly abandoned you, you probably haven’t seen him or her in quite a while. That means that both you and your spouse seem to be able to provide for yourselves without help from the other party. This means that maintenance (formerly known as alimony) will be off the table because you have both proven that you don’t need support from the other spouse to live.”
The Chicago divorce lawyer stresses the importance of consulting an experienced lawyer regarding matters such as child support. A skilled attorney can help clients understand their rights and determine if they are able to get a favorable result.
About The Law Office of Russell D. Knight
The Law Office of Russell D. Knight was established in 2009 by the divorce attorney Russell D. Knight. The lawyer’s love for family law is demonstrated by the numerous articles personally written by the lawyer. Russell is a licensed lawyer throughout Florida and Illinois. The attorney has a legal practice in both states and employs an entire staff of paralegals and attorneys in the two states of Chicago, Illinois, and Naples, Florida. Contact them today at (773) 334-6311.
Law Office of Russell D. Knight
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The Law Office of Russell D. Knight is a family law and divorce law firm dedicated to guiding clients through their divorces both in and out of the courtroom.