Law Offices of Anthony R. Scifo – Divorce Attorney Hoffman Estates IL – 847-628-8311
Welcome to the Law Offices of Anthony R. Scifo. We provide professional legal services in the practice areas of family law, which includes divorce. Below are some answers to FAQs about obtaining a divorce in the state of Illinois. If you’re contemplating divorce, call our law firm for a free consultation with a Divorce Attorney Hoffman Estates IL attorney.
- -Is there a residency requirement in the state of Illinois? Yes. You or your spouse must have resided in Illinois for at least 90 days before filing for a divorce. Members of the armed forces may claim residency if they’ve been stationed in Illinois for the 90 day minimum. Additionally, if you’d like the court to issue decisions regarding child custody or child visitation, your children must have been Illinois residents for the preceding six months.
- -Do we still need to get a Divorce Attorney Hoffman Estates IL if my spouse and I agree on everything regarding the divorce? It’s always a wise move to obtain sound legal advice. A divorce has significant consequences that aren’t always apparent right away. With the assistance of a Divorce Attorney Hoffman Estates IL, you’ll be taking the very important step of protecting your own best interests.
- -Is it possible to obtain a “no-fault” divorce in Illinois? Yes. In Illinois, a court may grant a “no-fault” divorce based upon “irreconcilable differences.” Basically, that means the spouses are not able to get along anymore and the marriage is legitimately over. In the event that the spouses have been living separately for two years or more with no potential for reconciliation, the court may shorten the required separation period if each spouse agrees in writing.
Considering Divorce? Talk to a Divorce Attorney Hoffman Estates IL– 847-628-8311
In the state of Illinois, spouses can fulfill the separate living requirement even if they are actually living under the same roof by inhabiting different areas of the residence. The separation period can start even if the spouses still share financial obligations too. Also, the separation period may continue even if spouses are attempting to reconcile.
- -Is there “fault” divorce in Illinois? Yes, the divorce statutes in Illinois list fault grounds that include but may not be necessarily limited to:
- -Desertion for a minimum of one year.
- -Infection of the spouse with a sexually transmitted disease.
- -Mental cruelty, physical abuse or excessive use of alcohol or substances for a minimum of two years.
- -Conviction of a felony, impotence, adultery or bigamy.
The court won’t typically consider fault when it comes to the issues of dividing property or alimony. If fault is relevant in a visitation or child custody matter, it would depend upon the nature of the fault.
-How does the filing process work? The spouse who is seeking the divorce – termed the “petitioner” or the “plaintiff” – files a “Petition for Dissolution of Marriage.” The document should be filed at the circuit court located within the county where at least one of the spouses lives. The paperwork includes standard information regarding living arrangements, grounds for the divorce and whether there are any children from the marriage. The petitioner must serve the document to the other spouse – known as the “defendant” or “respondent” along with a summons. This is typically done through the local sheriff’s department or through a process server.
Law Offices of Anthony R. Scifo – Call 847-628-8311
-How long does the process take? There is quite a range when it comes to how long a divorce may take to finalize in Illinois. The primary factor is typically whether the divorce is contested or uncontested. If both spouses agree on all the issues of their case, it’s possible to complete an uncontested divorce in one month or so. In cases where there are several contested matters it may take up to two years or even longer.
-How much does it cost to obtain a divorce? A fee of approximately $300 is required by the court when filing a Petition for divorce and to have it served upon your spouse. Contact the local circuit court for an exact amount of the filing and service fees. The fees for Divorce Attorney Hoffman Estates IL services, mediators and any experts that may be consulted in your divorce case can vary widely based on time required. Typically, if your divorce case is relatively simple and you can resolve issues with your spouse without much difficulty, legal fees will be lower.
- -What’s a “joint simplified divorce”? Illinois permits spouses to file for a joint simplified divorce if:
- -They come to an agreement on the key issues of the divorce case.
- -They have been in their marriage for less than eight years.
- -Don’t have children together.
- -Don’t own real property.
- -Have a total, combined income of under $35,000 yearly.
- -Have been separated for a minimum of six months.
If you and your spouse meet the qualifications for this joint simplified procedure you can get in contact your local courthouse to obtain the necessary forms. Consult your Divorce Attorney Hoffman Estates IL attorney for further assistance.
Free Consultation with a Divorce Attorney – 847-628-8311
-What about a “prove-up” hearing in Illinois. In the event that you and your spouse are in agreement about an uncontested divorce and decide to enter into a Marital Settlement Agreement, you can then finalize your case with a court appearance called a “prove-up” hearing. Your Divorce Attorney Hoffman Estates IL will ask a few basic questions of you regarding the contents of your divorce Petition and request that you summarize the terms of your settlement agreement for the court record. Your lawyer will be permitted to lead you through this procedure so that is not a stressful experience.
After Divorce – Divorce Attorney Hoffman Estates IL
Obtaining a final judgment on your divorce means that you’re not legally married any longer. It does not mean, necessarily, that there are no longer any legal obligations between you and your spouse though.
If you have a marital settlement agreement or a judgment that declares one of you must to pay support to the other spouse or that you will continue to own property together for a period of time then you’ll have to comply with the terms. If you have children, co-parenting will continue in accordance with the terms of your judgment or marriage settlement agreement. Ask your Divorce Attorney Hoffman Estates IL about post-divorce issues to avoid confusion regarding these issues.
Law Offices of Anthony R. Scifo – Divorce, Probate, Guardianship, Child Custody
Alternatives to Divorce – Trial Separation – Divorce Attorney Hoffman Estates IL
In some situations, spouses decide that it’s time to take a break from their relationship. They may opt to live separately while each spouse decides to proceed with a divorce or work toward reconciliation.
If you and your spouse are in a separation, the legal rules still apply as if you are still in the marriage with respect to ownership of property. For instance, money that you may earn and property you purchase might be viewed as jointly owned by both spouses. On the other hand, if you’re working toward reconciliation it’s a wise good idea to create an informal agreement regarding issues that are likely to come up. You will probably need to choose whether or not you’ll continue to share a bank account, credit cards and how you’ll conduct spending. You’ll also need to choose which of you will remain in the family home and how to divide costs.
Talk with a Divorce Attorney Hoffman Estates IL attorney today at 847-628-8311.