Divorce Lawyer Elgin IL – Law Offices of Anthony R. Scifo – Free Consultation – 847-628-8311
When a marriage is ending, couples and their children frequently encounter a combination of stressful circumstances. For example, they may face new living and parenting arrangements. In addition, there are important decisions to make regarding money and property. The emotions resulting from these issues can make it challenging for couples to understand the legal procedure of divorce. It can even impede their capacity to make wise decisions. Without a doubt, going through a divorce can be much easier by gaining an understanding of the divorce process. On this post, we present some key points to know about divorce in the state of Illinois.
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-An annulments is quite rare and is basically a religious term.
-File for your divorce locally within the county you or your spouse reside in.
-To file for divorce in Illinois, you must reside in the state for at least 90 days.
-A divorce case will usually last for as long as it takes the parties to reach agreement on each issue.
-It is possible to request that your spouse is responsible for paying your legal fees if there is an income disparity.
-While you may dispute the grounds or contents of a divorce, you typically cannot prevent a divorce from going forward.
-Generally, it does not matter which party did what to cause a divorce.
-Children don’t have an input with respect to custody. However, they may gain more influence when they get older.
-The majority of divorce cases reach a settlement and do not go to a trial.
-There are differences between divorce and legal separation.
-If one party changes their mind during the divorce process, dismissal of the case is possible.
-Divorce lawyers usually charge hourly fees. In an uncontested divorce, though, they may charge a flat fee.
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-In the event you or your spouse started a successful business enterprise during the course of your marriage, consult with a divorce lawyer Elgin IL with expertise in forensic accounting.
-The legal system does not view inherited funds to be a marital asset.
-Either spouse may request maintenance, which is also known as alimony. Usually, the court will order the spouse with the greater income to pay an amount each month. This continues until the other spouse reaches self-sufficiency.
-A spouse may only move the children out of Illinois if the court grants legal permission.
-The court orders the amount of child support that is due.
-The law does not state that either party cannot date during a divorce proceeding.
-There is a difference between sole, joint custody and shared custody in the event children are part of a divorce case.
-The court may issue a temporary order to permit visitation and support to begin as soon as the case files.
-Child support isn’t taxable to either of the parties. Maintenance may be deductible to the spouse paying and taxable income to the spouse receiving.
-To initiate a divorce case, you must serve the other party personally if children, alimony or property are at issue.
-In the event your spouse does not reply to the divorce petition, the court might award everything you request in the petition via default.
-The court might order spouses to attend mediation if they are not able to reach agreement on specific terms of the divorce.
-The complexity and duration of a case impacts the cost of a divorce.
-The wife can choose to restore her legal name to her maiden name.
-Child support law in the state of Illinois went through significant changes in July 2017.
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-There is not a waiting period before filing for a divorce. The only contingency is that one of the spouses must live in the state for a minimum of 90 days.
-In general, even when the parties sign a divorce settlement, at least one spouse must appear before a judge for a final court date.
-Common law marriage does not exist in Illinois. If a couple never obtains a marriage license they are not legally married. Consequently, there is no need for a divorce in the event the relationship ends.
-All issues in relation to child support receive a ruling by a judge before finalizing the divorce.
-Both parents must go to a parenting education class prior to finalizing their child custody issues in a divorce.
-The marital or family residence may be kept by one spouse. This depends upon the requirements of the children and how division of other properties will settle. Another factor is which spouse is able to pay for the property. Usually, the court orders a refinancing of the mortgage and awards the property to one of the spouses individually.
-Debts that accumulate during the marriage are divided in a divorce. Any new debts since the date of the divorce filing are not part of the divorce.
-Legal civil unions require a legal divorce proceeding.
-The court does not attribute non-marital properties or debts to the other party. For example, you cannot compel your spouse to pay remaining student loans or tax debts you had prior to marriage. Also, your spouse may not claim property you had before the marriage.
-Your spouse might be entitled to a part of your pension benefits, 401K or IRA. Likewise, you may also be entitled to theirs.
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-Health insurance can become an issue in a divorce if both spouses are on the same employer’s plan. The non-employee spouse can stay on the plan for as long as 36 months according to COBRA for additional fees. Or, they might have to get a separate health insurance plan after the divorce concludes.
Some FAQs About Divorce in the State of Illinois – Divorce Lawyer Elgin IL – Scifo Law
-How long does it take to obtain a divorce in Illinois? A divorce proceeding generally lasts as long as it takes to reach agreements on each issue. Simply because each spouses wants a divorce doesn’t necessarily mean it will be proceed quickly. However, when each spouse is realistic with their demands and expectations, it can proceed at a reasonable pace.
-What are the differences between legal separation and a divorce? A divorce is a judicial decree that dissolves a legal marriage. It dissolve the legal obligations between the spouses. Legal separation, depending upon the specific circumstances, is an agreement by which spouses remain married but do not live together.
-Can spouses use the same lawyer for a divorce? Law in Illinois prohibits one lawyer from representing each party in a divorce. Even when a case is not contested, this still applies. The law views it as unethical for one lawyer to represent two people with opposing interests.
-How long must I need to live in the state of Illinois before filing for a divorce? At least one of the spouses in the divorce must be a legal resident of Illinois for 90 days. For a divorce case to resolve custody of children, the children must live in Illinois for six months.
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-Is it true that spouse must live apart for six months to obtain a divorce? This is true, but it’s possible for the court to issue a waiver for this requirement. The separation time starts from when spouse cease sharing a bed in the romantic sense. It is possible to live at the same location and also be separated.