Law Offices of Anthony R. Scifo – 847-628-3811 – Divorce Lawyers Bartlett IL
Here is some basic information about how divorce proceeds in the state of Illinois. If you’re considering divorce lawyers Bartlett IL or have questions about the process, call our firm today for a private consultation.
-Divorce starts with the filing of a petition, which is simply the legal paperwork that requests divorce lawyers Bartlett IL. The spouse who submits the paperwork is referred to in the court system as the “petitioner.” The other spouse is the “respondent.”
-The respondent spouse has to be personally served with the paperwork in order to bring him or her into the authority of the court. This is also called the “service of process” and basically means that the divorce petition and summons have to be delivered personally to the respondent. This can be performed by the sheriff or a process server designated by the court.
-The respondent then must file an appearance with the court either representing themselves or represented by their lawyer. The respondent or their lawyer then files a document that serves as a response to the petition. If the respondent cannot be found or attempts to avoid being served the paperwork, a court may still end the marriage and move forward with divorce and custody directives and judgments. Unless the respondent has been served or files an appearance, his or her property rights can’t be adjudicated and support or maintenance orders cannot be entered. In the event the respondent is served but still doesn’t file an appearance, the court might declare the respondent to be default and award the petitioner a divorce.
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During the process of getting a divorce in Illinois, either spouse can file a petition or a motion asking for temporary relief. This can include temporary custody of children, child support and other maintenance. Following a hearing, the court may enter temporary orders that stay in effect until a final judgment for divorce is entered.
Family law is a rather wide practice area. It can include marriage, divorce, custody of children, adopting, paternity, and many other matters relevant to the family unit. Family law also relates to controversial issues like abortion rights and same sex marriage, along with criminal offenses like domestic violence or child abuse. In the state of Illinois family laws are initiated and updated by the actions of legislators and the court systems. For example, the Illinois Supreme Court in 2004 declared that a male who recognizes paternity can’t reverse it later based on DNA testing. As another example, the state legislature in 2013 legalized same-sex marriage.
Here’s a brief rundown of some of the areas encompassed in family law:
This area of family law relates to issues like who is eligible for adoption, age of consent for adoption and home residency specifications.
Illinois Abortion Laws
Sets how state law deals with abortion, including the definitions of legal and illegal abortions, along with the penalty for unlawful abortions and the consent requirements for obtaining the procedure.
Child Custody Laws
Relates to laws that set child custody decisions and practices, with such as visitation rights of grandparents, scheduling of custody, financial responsibilities and more.
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Alimony is also known as spousal support. It relates to payments made from one former spouse to the other following a divorce. Illinois allows for alimony under specific circumstances, and the courts have a considerable amount of discretion when it comes to deciding whether to grant alimony in a divorce.
Divorce Lawyers Bartlett IL
To obtain a divorce in Illinois, the law requires that one of the parties must have lived in the state for a minimum of 90 days. Illinois also identifies a no fault divorce based on “irretrievable breakdown” or following a legal separation of two years at a minimum. Other grounds include domestic violence, desertion, alcoholism and drug addiction.
A few more points to know about divorce in the state of Illinois include:
-An annulment is quite rare and is usually a religious term.
-If you plan to file for a divorce, do so in the county you live in. Or, in the county your spouse lives in.
-You must reside in Illinois for a minimum of 90 days to file for divorce.
-A divorce generally lasts as long as it takes for the parties to reach agreement on the issues between them.
-If there’s a significant income disparity, it’s possible for one spouse to ask the other to pay the legal fees.
-Although disagreements can prolong a divorce proceeding, typically you cannot prevent a divorce from occurring.
-In general, it does not matter which spouse “did what” to result in divorce.
-Minor age children don’t have input with respect to custody. However, as they grow older they do gain more influence.
-Most divorce cases reach a settlement and do not go to a trial.
-There are differences between divorce and legal separation.
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- -If you or your spouse starts a business during marriage, you’ll require a lawyer with an understanding of forensic accounting.
- -Money that you inherited isn’t viewed as a marital asset.
- -Either spouse may request spousal maintenance – also known as alimony. The spouse with the higher earnings typically pays monthly until the other spouse becomes self-sufficient.
- -You must obtain legal permission from the court before moving your children out of Illinois.
- -The court sets the amount of child support payments.
- -There’s no law against dating other people while a divorce proceeding is ongoing.
- -There are differences between sole, joint and shared custody of children in a divorce case.
- -The court may issue a temporary order to permit visitation and child support to begin as soon as the divorce filing occurs.
- -Child support payments are not taxable to either spouse. Maintenance is tax deductible to the spouse paying and as taxable income to the spouse receiving.
- -If a spouse doesn’t respond to a divorce petition, the court awards the initiating spouse with everything requested by default.
- -The court might order spouses to attend mediation if they’re unable to reach agreement on specific terms in the divorce.
- -Issues like how much time it takes and the complexity of the case affect the cost of getting a divorce.
- -If she decides to do so, the wife can legally restore her maiden name.
- -Child support laws changed significantly in Illinois in July 2017.
- -There’s no specific waiting period before you can file for divorce.
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-Even after both spouses sign their divorce paperwork, at least one must appear for the last court date.
-There is no common law marriage in the state of Illinois. If you did not receive a marriage license, you are not married legally. Consequently, there’s no need for a divorce.
-A judge rules on issues relating to children before finalizing a divorce.
-Both parents must take a parental education class prior to the court finalizing their divorce.
-One spouse may keep the marital home depending upon the requirements of the children. Also, depending upon which party is able to pay for the home.
-Debts that incur during a marriage are divided in a divorce. Any new debts from the date of filing are not part of the proceeding.
-Legal civil unions require legal divorce proceedings.