Divorce Lawyers in Peoria

Divorce in Peoria, Illinois: what the court decides

Illinois calls divorce "dissolution of marriage," and the rules come from the Illinois Marriage and Dissolution of Marriage Act. People hire a divorce lawyer to pursue a fair property split, a workable parenting plan and a realistic support order. This page lists 9 attorneys and law firms in Peoria who handle divorce and dissolution of marriage matters.

Filing in Peoria and Tazewell counties

• Local court. Peoria County is part of the Tenth Judicial Circuit, which also covers Tazewell, Marshall, Putnam and Stark counties. Tazewell County cases are heard in Pekin.
• Residency. One spouse must have lived in Illinois, or been stationed here with the military, for 90 days before the case is filed.
• No-fault grounds. The only ground is irreconcilable differences that caused the irretrievable breakdown of the marriage. If the spouses have lived separate and apart for at least 6 continuous months before judgment, that ground is conclusively presumed.

Property and maintenance

• Marital property. Property acquired during the marriage is presumed marital. The court assigns each spouse their non-marital property and divides the marital estate "in just proportions," without regard to marital misconduct.
• Guideline maintenance. Illinois says "maintenance" instead of alimony. When combined gross income is under $500,000, the payor owes no support from a prior relationship and the court finds maintenance appropriate, the guideline amount is 33 1/3% of the payor's net income minus 25% of the payee's, capped so the payee does not receive more than 40% of combined net income, unless the court finds the guidelines inappropriate. Duration is the length of the marriage times a statutory factor (0.20 to 0.80); after 20 years or more, the court may order maintenance for the length of the marriage or for an indefinite term.
• High net worth cases. At $500,000 or more in combined income the formula does not apply, and business valuations and tracing of non-marital assets can become central.

Children

• Parental responsibilities. Instead of "custody," the court allocates decision-making on education, health, religion and extracurricular activities according to the child's best interests.

This page is general information, not legal advice.

Lawyers listed in Peoria also cover Family Law (11), Personal Injury (10) and Criminal Law (9). The same practice elsewhere in Illinois: Wheaton (28), Edwardsville (11) and Belleville (11). Across Illinois the directory lists 122 attorneys in this practice; Peoria is 6th by their number among 13 cities.