Divorce Lawyer Barrington IL – Law Offices of Anthony R. Scifo – Call 847-628-8311
Divorce Lawyer Barrington IL
Also referred to as dissolution according to state law, divorce at its most basic means ending a marriage between spouses. A divorce judgment typically contains an agreement set between the two parties regarding issues such as parental responsibilities and scheduling for their children, support and division of property. If the parties are not able to reach an agreement, a judge makes those decisions following a trial. If you’re planning to end your marriage, speak with a Divorce Lawyer Barrington IL right away at 847-628-8311.
With our expertise in this area of law as well as in other practice areas such as bankruptcy, you’ll soon discover why we are among the leading law firms in the area.
Fee and Residency Requirements
After making a decision to divorce, couples then must take the next steps that start the proceedings. The initial step is filing a petition for divorce within the Illinois county where at least one spouse resides. There isn’t a waiting period in Illinois to file. The court may, in some cases, grant a judgement if one of the parties have lived in Illinois for at least 90 days. The fee to file a divorce petition can vary from one county to the next. If you are not able to afford the fee, it’s possible to receive a waiver upon applying for it to the court.
Talk to an attorney at 847-628-8311 for more information about residency requirements.
Grounds for a Divorce in the State of Illinois
Before a judge grants a divorce, one or both spouses must first demonstrate grounds. The grounds for getting a divorce in Illinois are known as irreconcilable differences. You may have also heard this referred to as a no-fault divorce. State law views irreconcilable differences as an irretrievable breakdown of the marriage. The spouses must either separate for 6 months and reside in separate locations or reside in the same site during the time period of the irretrievable breakdown. (Or, assert there’s a breakdown, but efforts to reconcile have not been successful and that continued attempts at reconciling wouldn’t be in the family’s best interests.)
Trial or Reaching an Agreement
Although many spouses who choose to divorce have disagreements between about a variety of issues, those disputes are often resolved through negotiations and with the help of advice from their Divorce Lawyer Barrington IL. Most divorce proceedings are settled eventually by coming to an agreement, partly because going to a trial can become far more expensive. Some the issues that should typically be resolved before the court grants a divorce are:
-Division of property. This can include real estate and investments.
-Division of debt.
-Whether one of the parties will pay maintenance to the other. In the event maintenance is awarded, the court sets the amount and for how long it will be paid.
-If the divorcing spouses have children, the allocation of parenting responsibilities and scheduling arrangements must be determined. This is another issue where the assistance of your Divorce Lawyer Barrington IL is very helpful.
-The financial responsibilities each party has to their children.
If the parties are not able to reach agreements on these matters, a trial is held before a judge.
Marital Property
Some typical examples of property include real estate holdings, furniture, vehicles, bank accounts, retirement and pension plans, stock accounts and other assets. For more clarification on assets and marital property, talk to your Divorce Lawyer Barrington IL. Basically, any assets acquired during a marriage, except if the asset was a gift or if it was inherited, are viewed as marital property regardless of which spouse’s name is upon the title.
That can include credit card balances, mortgages, doctor bills and other responsibilities that are incurred during a marriage for the children regardless of which party took on the debt. Getting a divorce is not an easy decision and it’s essential to have the guidance of an experienced Divorce Lawyer Barrington IL throughout to process. Contact our law firm today for a private consultation.
