An Illinois divorce judgment is meant to do more than simply announce that the parties are divorced. In most cases, a final judgment decides who receives which property, who is responsible for debts, whether maintenance will be paid, how child support will be calculated, and how parental responsibilities and parenting time will be allocated. Those decisions should not appear out of thin air. In several areas of an Illinois divorce, the court must make findings that show how the evidence led to that final result. Findings refer to the court’s factual determinations and legal reasoning; they explain what the court believed, what it rejected, and why it entered the judgment it entered. Illinois divorce judgments often involve disputed facts, so necessary findings are quite important. For example, one spouse may argue that a house is non-marital property. Yet, the other spouse may argue that the house belongs to the marital estate. A final judgment should resolve those kinds of disputes in a way that can be understood. The court must do more than just choose a side when findings are required. The judgment needs to identify the relevant facts and connect those facts to Illinois divorce law. What Are Necessary Findings In An Illinois Divorce Judgment? A finding is a determination made by the judge based on the evidence presented in the case. In Illinois divorce cases, findings are particularly important when the court must classify property, value assets, award or deny maintenance, deviate from child support guidelines, or make parenting decisions based on a child’s best interests. In property division situations, Illinois law states that “[t]he court shall make specific factual findings as to its classification of assets as marital or non-marital property, values, and other factual findings supporting its property award.” 750 ILCS 5/503(a). For maintenance, Illinois law provides, “[i]n each case involving the issue of maintenance, the court shall make specific findings of fact.” 750 ILCS 5/504(b-2). Those findings must include the court’s reasoning for awarding or not awarding maintenance, references to the relevant statutory factors, and information about any deviation from the maintenance guidelines. 750 ILCS 5/504(b-2)(1)-(2). In child support cases, Illinois law requires that “[a]ny deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.” 750 ILCS 5/505(a)(3.4). And for parenting issues, Illinois courts […]
