Divorce Papers Elgin IL – Law Offices of Anthony R. Scifo – Call 847-628-8311
In a divorce proceeding in Illinois, the court terminates the marriage along with the legal benefits of the marriage. When the spouses each agree to end the marriage and the issues between them it’s known as an uncontested divorce. When the spouses do not both agree it is a contested divorce.
Some spouses may qualify to obtain a joint simplified divorce. There are certain legal requirements for this category of procedure. But when spouses do qualify, their case tends to move along faster.
Although it is possible to obtain a divorce with a lawyer, it is definitely better to get one to protect your interests.
How long does a divorce take in the state of Illinois?
There is no particular way of knowing precisely how long your divorce will take. The amount of time is dependent upon several factors. A major factor is if you and your spouse are in agreement on settling the issues in your case. However, in the event you do not agree in how to settle matters, the process will naturally take longer.
Contested Divorce
Contested divorces can last for 18 months or longer to conclude. A divorce falls into this category if there is disagreement about:
-Whether to seek a divorce in the first place.
-Where the children (if applicable) should reside.
-If there are pets and where they should live.
-If a spouse shall pay child support and how much.
-How to divide marital property.
-Which party is responsible for paying any remaining debts that accumulated during the marriage.
-If spousal support shall be paid. (Also known as alimony.)
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Uncontested Divorce
In this category of divorce, the process usually moves along more rapidly than contested divorces. Naturally, this is because both spouses are generally in agreement on the issues. However, it can still take six months or longer until resolution.
The terms of the divorce agreement must be realistic and (if applicable) cover financial support of the children. A judge must approve the agreement for an uncontested divorce to become final.
In the event a spouse files for a divorce but the other doesn’t reply, it becomes uncontested. The case then would proceed without the non-replying spouse. The court makes decisions based upon input from the filing spouse.
Eligibility for Getting Divorce Papers Elgin IL
To obtain a divorce in Illinois, one of the spouses must have been a resident of the state for at least 90 days. It is not a requirement to file for a divorce in the same location where you were married.
Married couples may proceed with a divorce if they can demonstrate to the judge that they face irreconcilable differences. If the spouses have been living separately for at least six months, the court typically assumes those differences do exist. This basically means spouses don’t need to prove to the judge they cannot get along.
These are the only reasons that a judge will accept for divorcing in the state of Illinois.
The Decisions Made During Divorce Papers Elgin IL
At the conclusion of a divorce, the judge issues an order – also known as a decree – that officially dissolves the marriage. This order covers issues such as:
Properties and Pets
The judge divides up property the spouses shared between them. This will include things like money, investments and real estate. Also, it will include debts.
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Additionally, an individual in a divorce case may seek custody of family pets. The judge decides which of the spouses will obtain custody, basing the decision on the pet’s best interests.
Spousal Maintenance
The judge may order one spouse to pay the other what is known as spousal maintenance. The order may be to make the payments according to an ongoing schedule following Divorce Papers Elgin IL.
The purpose of spousal maintenance is to assist the ex-spouse in supporting themselves. It isn’t a requirement that the judge orders spousal maintenance, however. People who are capable of working are usually expected to find employment and take care of their own expenses.
The laws in the state of Illinois for spousal maintenance are the same for women and men.
How do the courts determine whether or not to order spousal maintenance?
The judge will take into consideration the following aspects when determining maintenance:
-Financial needs.
-Property and income.
-Current and potential earnings.
-Time spent on household maintenance.
-Money and time necessary for getting a job or job training.
-The lifestyle experienced during the marriage
-Age of the spouses and duration of the marriage.
-Emotional and physical condition of the spouses.
-Any valid agreements in place between the divorcing spouses.
Child Custody and Support
The judge in a divorce case also sets rules for those spouses who have minor age children. (Under age 18.) For instance, the judge will determine parental responsibilities. This entails the amount of time the children spend with each parent. In addition, the judge sets decision-making authority and decides how much the other parent shall pay for child support.
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Parental responsibilities generally means spending time and making decisions for the child.
When a child is in the custody of a parent, that parent’s responsibility is the daily care of the child. This generally includes:
-Feeding and getting the child to school on time.
-Providing care in the event the child is ill.
-Ensuring the child practices regular hygiene.
-Transporting the child to recreational activities and medical appointments.
-Appropriate punishment if necessary.
There are two basic kinds of parental responsibilities: decision-making authority and parenting time.
Making Decisions
One type of parental responsibility entails making decisions about how to properly raise the child.
This includes important areas like education, religion, healthcare and after-school activities.
Parental Time
This is simply the time a child will spend with the parent. The judge typically provides each parent with parenting time, although the amount of time isn’t necessarily equal.
In many cases the child lives primarily with one of the parents and maintains consistent contact with the other.
In the majority of cases it is only the parents, naturally, who can request parental responsibilities. However, there are some cases where an individual who isn’t a parent may make the request. For example, in the event that a biological parent chooses to leave the child with someone else permanently.
As an example, when a stepparent seeks parenting responsibilities they must show:
-The parent who has more parental is deceased or is not able to provide care, and the stepparent is providing care already.
-It is the child’s wishes to live with their stepparent as well as in their best interests.
In the event an individual who isn’t a parent or stepparent wish to spend time with the child, this is known as visitation. This may be a close family friend, grandparent or aunt.
If you have received Divorce Papers Elgin IL, legal representation is critical for protecting your rights and interests. Call our law offices today and speak to a divorce lawyer.
