Divorce Papers Kane County IL – Law Offices of Anthony R. Scifo – Call 847-628-8311
Statistics indicate that approximately half of first marriages in the USA end up in divorce. For second marriages, that percentage is even higher – with as many as 70 percent of couples eventually divorcing. To get an approximate sense of what you might experience in the divorce Divorce Papers Kane County IL process, it’s beneficial to take some time to get a fundamental understanding of what it involves. Without a doubt, preparation is key if you plan to file Divorce Papers Kane County IL.
Please bear in mind that if your relationship with your spouse is relatively amicable, it decreases the emotional and financial challenges that can occur during the divorce process.
To get started, here are a few terms to know regarding Divorce Papers Kane County IL:
- -Petitioner. This is the spouse who starts the divorce filing procedure with the court.
- -Respondent. The spouse who doesn’t file the initial papers. Rather, the party who receives the Divorce Papers Kane County IL.
- -The court. The petitioner files the divorce paperwork in Kane County’s judicial district court, to which the court assigns a case number. Note that the court has jurisdictional rights to grant the orders regarding issues like property division, debt division and child custody. Because the state of Illinois is an “equitable distribution” state, it means property must divide up in an equitable, fair manner. Courts typically recommend that spouses try to come to a settlement on their property and debt issues. If the parties cannot reach a settlement, courts decide how to distribute property.
Call our law firm to schedule a consultation with a divorce lawyer and learn more about how to proceed if you are considering Divorce Papers Kane County IL.
A few more basics to know about divorce in the state of Illinois:
-One spouse must live in Illinois for at least 90 days. The petitioner must file the papers in the county where either spouse lives.
-A no fault divorce is when the spouse who is initiating the Divorce Papers Kane County IL does not need to show any fault on the part of the other spouse. Instead, a reason that the state honors for divorce is all that’s necessary. Spouses must state that the marriage ended because of irreconcilable differences, and they must live separately for at least two years.
-For a fault divorce the grounds can include:
- Desertion for at least one year.
- -Alcoholism or drug addiction.
- -Physical or mental cruelty.
- -A felony conviction.
- -Infection with a sexually transmitted disease.
-In the event that the parties are not able to come to a settlement, a judge will divide the property as well as the couple’s remaining debts. The court typically takes into account many factors, like what each spouse contributed to the property, the length of the marriage, and who has custody of the children and where they will reside.
-According to the state’s divorce laws, a judge can order support to be paid from one spouse to the other if they cannot come to an agreement. In this case, the court can award alimony in a single sum, for a fixed period of time, or even for an indefinite amount of time. Just like deciding division of property, judges take into account a number of factors when it comes to alimony payments.
-When it comes to deciding custody, the court examines factors such as the wishes of the child and of the parents. Other matters like the number of siblings and other persons who affect the child’s best interests may also play in part in the court’s decision.
-In Illinois, the court may choose to revoke a driver’s license if court-ordered child support payments aren’t made on schedule.
Divorce Papers Kane County IL – Legal Separation – Schedule a Consultation at 847-628-8311
A separation is an alternative for couples who are not certain if a divorce is the best solution to their marital difficulties. Regardless of whether you end up divorcing or not, your divorce lawyer may recommend that you and your spouse put things in writing in a separation agreement. A legally binding contract, this is a document that simply records your agreements with notarized signatures.
Why consider a separation agreement?
-A separation agreement addresses what’s at issue at the marriage. It provides protection for yourself and for your spouse during the period until you make the decision to obtain a Divorce Papers Kane County IL. In many instances, separations last a lot longer than anticipated. This a big reason why it’s so important to address financial matters, properties, debts and child custody in the separation agreement.
-If you proceed with a Divorce Papers Kane County IL, your separation agreement can be used to negotiate a number of issues. When the court issues your decree for Divorce Papers Kane County IL, it might refer to terms according to your separation agreement.
-Tax advantages. If you are submitting payments to your spouse according to terms of a legal separation agreement, those payments may be claimed as a deduction when it comes time to file your taxes.
You can keep some benefits you had during your marriage. For example, if you have coverage under your spouse’s health insurance policy, a legal separation agreement can state that those benefits continue during the separation period.
-State clear boundaries regarding any joint banking accounts, which many couples have. With a legal separation agreement, you can define whether or not you and your spouse will have access to those accounts. It can state that all the joint accounts are to be closed, and the spouses shall open new accounts in their own names.
Talk with a divorce lawyer at our firm to learn more about Divorce Papers Kane County IL and separation agreements. Call us at 847-628-8311.
Courts in Illinois typically apply a standard that puts the highest importance on the best interests of the child when deciding child custody issues. Just what those “best interests”are is dependent upon a number of factors that includes:
- *The age of the child, their mental health, and their physical health
- *The mental and physical health of the parents.
- *The lifestyle of the parents. Other factors may be taken in account too, such as if there is a history of abuse, the bond between child and parent, and the parent’s ability to provide the child with sound guidance.
- *The ability of the parent to supply the child with adequate shelter, clothing, food, and medical care
- *Courts also review the child’s established living patterns such as school and involvement with community or church-related activities. The current quality of education for the child may also be considered
- *The impact Divorce Papers Kane County IL will have on the child regarding the change to their established living arrangements
- *If the child is over age 12, the court can take into account their preferences regarding living arrangements
- *If cases where these aspects don’t favor one spouse over the other spouse, Illinois courts usually look at which parent is more likely to provide a secure environment, and will promote a positive relationship with the other parent. With young children, this could mean granting custody to whichever parent who has already been the child’s main caregiver.
When children are older, this could mean granting custody to who is best able to sustain continuity in education, community and religious institutions.