Law Offices of Anthony R. Scifo – Divorce Lawyer Near Me Hoffman Estates IL – Free Consultation: 847-628-8311
Answers to some FAQs about Divorce Lawyer Near Me Hoffman Estates IL in the state of Illinois
- -What are the grounds for obtaining a divorce? The grounds for dissolution of marriage include:
- -Adultery during the marriage.
- -Desertion or being absent for a period of one year.
- -Habitual alcohol abuse for a period of two years.
- -Abusive habits resulting from excessive use of addictive drugs or substances for two years.
- -An attempt on the other spouse’s life, physical or mental cruelty.
- -If a spouse receives a felony conviction.
- -Infection of a spouse by the other with a sexually transmitted disease.
- -The spouses have lived separately for a continual period of two years or longer.
- -Irreconcilable differences resulting in breakdown of the marriage.
- -The parties live separately for at least six months before the entry of judgment that dissolves the marriage. The parties agree to waive the two year waiting requirement.
(Note that the requirement of living separate and apart doesn’t necessarily mean that the parties must be physically separate. Also, time periods of living together while working at reconciliation or living in the same location after the marriage breaks down may be viewed as living “separate and apart.” This is for the purposes of satisfying the separation time period.)
Divorce Lawyer – Some More Information on “Irreconcilable Differences”
Citing irreconcilable differences generally means that at least one spouse wants to end the marriage. This is typically known as “irretrievable breakdown.” To cite irreconcilable differences as grounds for divorce, the non-filing spouse must agree that it is, in fact, true. If the non-filing spouse wants to stay in the marriage, they may object to using irreconcilable differences as grounds. In that case, the divorce becomes contested and is no longer a no-fault divorce.
Law Offices of Anthony R. Scifo – Free Consultation – 847-628-8311
For irreconcilable differences to serve as grounds, spouses must agree on divorce settlement issues. For example, on distribution of property, child support and child custody. Spouses should be close enough to agreements on those major issues so they can settle with relatively minor conflict. This way it’s not necessary for the court to make those decisions.
Divorce Lawyer Near Me – Waiting Period In Illinois
In the state of Illinois there is a two-year separation rule in effect with respect to a no-fault divorce. However, if the spouses agree on irreconcilable differences, it’s possible to waive the waiting period to some degree. The court may decide to allow the divorce to finalize after just six months if each spouse signs an agreement. It is not necessary to live separately for six months prior to filing for a divorce in Illinois. Still, courts will not process the divorce for six months.
Talk with a Divorce Lawyer Near Me Hoffman Estates IL Today – Contact the Law Offices of Anthony R. Scifo at 847-628-8311.
-What is the cost of a divorce and will I be able to afford it? The cost of a divorce typically depends on the complexities and general nature of the case. Expenses include court and legal fees, document production and depositions. Issues can develop during a case that may need litigating. Consequently, it’s difficult to predict with accuracy what the cost will be at the start of your case.
Simple divorces are generally less expensive. Conversely, more complex, contested cases will generally be more costly. The fewer issues that are in dispute means the less will be spent on attorney fees. In cases that are vigorously contested and involve many issues there may be additional costs.
Get Answers To Your Questions About Divorce and Legal Separation – 847-628-8311
Legal representation is not a requirement in the state of Illinois. Nevertheless, the matters to resolve in your case will have a long-term, major impact on your life and family situation. Achieving a resolution in accordance with state laws and court procedures can be complex and time-consuming. Hiring a lawyer to represent you is highly advisable for getting a final outcome that serves your best interests.
Call for a FREE consultation – Divorce Lawyer Near Me Hoffman Estates IL – 847-628-8311
- -Does the state of Illinois grant divorces based upon marital fault? While the state does require grounds for dissolving a marriage, marital fault or misconduct by either spouse isn’t taken into consideration when it comes to division of property or awarding of spousal maintenance. Financial misconduct, however, by either spouse after the marriage has broken down may be found to be a waste of marital funds which that spouse might have to pay back.
- -Can I receive maintenance or will I have to pay maintenance? This – like other factors your lawyer can help you with – depends on the particulars of your case. The court can issue temporary or permanent spousal maintenance to either party without regard to marital misconduct. The court will review a number of matters when determining maintenance including:
- -Income and property of each spouse.
- -The material requirements of each spouse.
- -Current and future earning capacities of each spouse.
- -The standard of living set during the marriage and duration of the marriage.
- -Any impairment to current and future earning capabilities due to time spent to domestic responsibilities. Also, education, career opportunities or employment due to the marriage.
- -Age and physical condition of both parties.
Free Consultation with a Divorce Lawyer – 847-628-8311
-Will I be able to change my name at the time of my divorce? According to state law, a wife may return to her maiden name as part of a divorce final judgment. The husband may not prevent the wife from returning to her maiden name.
-Is it possible to obtain and annulment in the state of Illinois? In certain circumstances – yes. An annulment in Illinois is known as a “declaration of invalidity of marriage.” It’s a court order stating that a marriage is no longer valid. As a result, the state will no longer recognize it. An annulment of a marriage is different from a divorce mainly because a divorce is a court order that ends a valid marriage. A marriage may receive and annulment if:
-One of the parties did not have the capacity to give consent to the marriage due to a mental disability.
-The influence of drugs or alcohol or because one of the spouses went into the marriage by force or fraud.
-One of the parties isn’t capable of sexual intercourse and the other spouse was not aware at the time of marriage.
-One of the parties is under 18 and did not obtain consent from a parent, judge or legal guardian. Or, if
the marriage was otherwise prohibited by the law.
Consultation with a Divorce Lawyer – Call 847-628-8311
If you are preparing to initiate or reply to a request for a divorce, it’s essential to know your rights. Knowing what to expect and making adequate preparations are important for a positive outcome. While the end of a marriage is often emotionally difficult, having the right Divorce Lawyer Near Me Hoffman Estates IL at your side is a very important part of protecting your best interests.
Besides divorce, the practices areas of our law firm also include guardianship, estate planning, wills and probate litigation.
