Divorce Lawyer Streamwood IL – Law Offices of Anthony R. Scifo – Free Consultation at 847-628-8311
Divorce Lawyer Streamwood IL
If you’re thinking about ending your marriage, it’s natural to have a lot of questions about how to go about it and how a Divorce Lawyer Streamwood IL can help you. Read on for some helpful responses to frequently asked questions about getting a divorce in the state of Illinois and the divorce laws here. For additional information contact our offices for a consultation with a Divorce Lawyer Streamwood IL:
What are grounds in Illinois for obtaining a divorce?
-Impotence when the marriage begins and thereafter.
-An act of adultery that is committed during the marriage.
-If a spouse willfully deserts the other spouse or is absent for 1 year.
-Recurring drunkenness for a time period of 2 years.
-Excessively using addictive drugs for 2 years.
-Repeated or extreme mental or physical cruelty.
-If a spouse is convicted of a felony.
-If a spouse infects the other with a sexually transmitted disease.
-When the parties have lived apart and separately for a continual period of more than 2 two years.
-When irreconcilable differences result in a breakdown of the relationship and the court decides that efforts at reconciling are not successful. Or, if subsequent attempts at reconciling are not practical and would not serve the best interests of the parties.
-The parties lived apart and separately for a minimal continual time period of 6 months before an entry of judgment that dissolves the marriage and the parties each agree to waive the 2-year requirement.
Consult with a Divorce Lawyer Streamwood IL at 847-628-8311
The requirement that the spouses must live separately doesn’t necessarily mean they must be physically apart. In addition, periods of residing together to attempt a reconciliation or living at the same location following the breakdown of a marriage might be considered as living separately to fulfill the separation period. For inquiries about residency requirements, ask your Divorce Lawyer Streamwood IL.
How can I file for a divorce in the state of Illinois?
-After fulfilling any of these requirements, you may start the filing process for a divorce. The first step is to file your divorce documentation at your designated local circuit court. (This is based upon your residency or your spouse’s. Since there isn’t a waiting period in Illinois, after sufficient time passes for the non-filing spouse to reply, the courts may start to process your divorce case.
What will it cost me to get a divorce in Illinois?
-The costs of obtaining your divorce and working with a Divorce Lawyer Streamwood IL depends on the specific matters and complexities of the case. For instance, costs typically include court costs and legal fees, depositions and document production. There are issues that may develop during the progression of the case that can affect what’s needed to litigate it successfully, which makes it difficult to predict accurately what it’s going to cost at the beginning of your case. Uncontested, straightforward cases naturally tend to cost less, and more adversarial, complicated divorces will usually cost more. When there are fewer disputes to work through, the less you’ll spend on legal and court fees. On the other hand, when there are multiple contested issues, you might incur costs associated with custody evaluations, property valuations or appointment of a guardian ad litem for the children.
How much time will I need to wait for my divorce to finalize?
-There is usually a waiting period of 6 months for contested divorces in Illinois. For uncontested divorces, there is no set waiting period as long as you fulfill the state’s residency requirements.
Will I need to hire a Divorce Lawyer Streamwood IL?
Although hiring a Divorce Lawyer Streamwood IL to represent you is not a requirement, the issues that are to be resolved in a divorce will have a lasting impact on the rest of your life. Addressing and resolving those issues – along with the state laws and the procedures to follow in court that govern divorce – can seem overwhelming and very complex with the expertise of a Divorce Lawyer Streamwood IL. It’s definitely in your interests to have an experienced Divorce Lawyer Streamwood IL to help you navigate through the proceedings and obtain the best possible outcome.
-Can I get a divorce in state of Illinois based upon marital fault? Though the state requires there must be grounds to dissolve a marriage, alleged misconduct or marital fault from either spouse is not a consideration in dividing property or awarding maintenance. Financial misconduct, however, from either party after the marriage is failing might be found as wasting marital funds and, consequently that party might be ordered to reimburse the marriage.
Speak to a Divorce Lawyer Streamwood IL at 847-628-8311
-Can I obtain maintenance or do I need to provide my spouse with maintenance in Illinois? Like the other aspects of a divorce process, this matter depends upon the specifics of yours. The court might order permanent or temporary maintenance to go to either of the spouses, without regard to misconduct during the marriage.
The court considers a number of issues when it comes to deciding maintenance, including:
-Each party’s income and properties.
-The basic requirements of each party.
-The current and future income capacities of both parties.
-The standard of living that was established for each spouse in the marriage.
-Any limitations on earning capacity as a consequence of time devoted to domestic responsibilities or bypassing education, job opportunities or training on account of the marriage.
-Duration of marriage and the ages, emotional and physical condition of each party.
-How do the state’s courts determine alimony? A formula that was applied in the past for divorces in Illinois was: 33 percent of the paying party’s net income minus 25 percent of the receiving party’s net income equals the annual spousal maintenance to be paid. Spousal support, though, can’t cause one spouse to earn greater than 40 percent of the couple’s total income. Also, it’s useful to note that formula isn’t an established standard and every case will probably vary depending upon its unique circumstances. Consult with your Divorce Lawyer Streamwood IL for more information on this issue.
-How do the courts divide assets in a divorce? Because it is an equitable distribution state, court officials in Illinois determine a distribution that is the most appropriate to the divorce by considering the parties specific circumstances. Your Divorce Lawyer Streamwood IL can provide guidance in division of assets to help you through the planning process.
-Before getting a divorce, how long do I need to wait? Spouses must be separated for a minimum of 6 months before filing for a divorce in the state of Illinois. However, you can consult with a Divorce Lawyer Streamwood IL before that.
-Is it possible to do a name change at the time of my divorce? According to Illinois state law, a wife is able go back to her maiden name as a part of the final divorce judgment. The husband cannot prevent the wife from doing so.
-Is it possible to annul a marriage in Illinois? In some circumstances, yes. An annulment in Illinois is known as “declaration of invalidity of marriage.” It’s basically a court order that declares a marriage is invalid, and therefore the state does not recognize it. An annulment is not the equivalent of a divorce since a divorce is a court order that ends a valid marriage.
A marriage may be annulled when:
-One of the spouses in the marriage did not possess the capacity to give consent to enter the marriage due to a mental disability or if the spouse was under the influence of drugs or alcohol. Likewise if a spouse entered the marriage under duress, fraud or force.
-One of the spouses isn’t capable of engaging in sexual intercourse and the other spouse was not aware of it at the time of marriage.
-If one of the spouses is under 18 years of age and did not obtain consent from his or her guardian, parents or through judicial approval.
-The marriage is legally prohibited.
-When can I file for a divorce? There isn’t a waiting period to file for divorce in Illinois. You can file a petition for dissolution as long as you or your spouse lives in Illinois on the day of filing. But, you or your spouse need to have resided in Illinois for a minimum of 90 days before a judgment of dissolution will be entered. To that end, you may reside in Illinois for less than 90 days prior to filing, but still must fulfill the 90-day requirement for residency by the time a judgment gets entered. However, in the event that neither of the parties lived in the state for 90 days before filing for the divorce, the petition might be dismissed if a different state already has jurisdiction. Dismissal is also a possibility if Illinois doesn’t have jurisdiction over each party.
-How long will it take for my divorce to conclude? There isn’t a precise way of determining how much time your divorce process is going to take. It depends upon a range of considerations, such as if your divorce is contested and whether you and your spouse are in agreement on key issues. The court docket and how busy it is can also be a factor.
When you’re considering ending your marriage, talk to a Divorce Lawyer Streamwood IL at 847-628-8311.