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Illinois divorce laws and child support and alimony laws
 

Illinois divorce laws and child support and alimony laws

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Illinois divorce laws and child support and alimony laws, Residency and Filing Requirements, Child Custody & Spousal Support.

Illinois divorce laws and child support and alimony laws, Residency and Filing Requirements, Child Custody & Spousal Support.

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    Illinois divorce laws and child support and alimony laws Illinois divorce laws and child support and alimony laws Document Transcript

    • secretdivorce.com http://www.secretdivorce.com/successful-divorce-planning-for-men/illinois-divorce-laws-and- child-support-and-alimony-laws/Illinois divorce laws and child support and alimony lawsState Divorce LawsResidency and Filing Requirements: In order to file for a dissolution of marriage in Illinois, residencyrequirements must be met for the court to accept the case. If the court discovers it does not havejurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. Therequirements are as follows:The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident ofthis State or was stationed in this State while a member of the armed services, and the residence or militarypresence had been maintained for 90 days prior to filing. The proceedings shall be had in the county wherethe plaintiff or defendant resides. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 104 and 401)Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate Illinois groundsupon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which theparties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. Thedissolution of marriage grounds are as follows:The grounds for dissolution of marriage are as follows:No-Fault:That the spouses have lived separate and apart for a continuous period in excess of 2 years andirreconcilable differences have caused the irretrievable breakdown of the marriage and the court determinesthat efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable andnot in the best interests of the family. If the spouses have lived separate and apart for a continuous period ofnot less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced bytestimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period inexcess of 2 years may be waived upon written stipulation of both spouses filed with the court.Fault:(1) naturally impotent; (2) the respondent had a wife or husband living at the time of the marriage; (3) therespondent had committed adultery subsequent to the marriage; (4) the respondent has wilfully deserted orabsented himself or herself from the petitioner for the space of one year, including any period during whichlitigation may have pended between the spouses for dissolution of marriage or legal separation;( 5) therespondent has been guilty of habitual drunkenness for the space of 2 years; (6) the respondent has beenguilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years(7) the respodent has been guilty of extreme and repeated physical or mental cruelty (8) the respodent hasbeen convicted of a felony or other infamous crime (9) the respondent has infected the other with a sexuallytransmitted disease. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 401)Child Custody: When minor children are involved in a dissolution of marriage, the Illinois courts will doeverything possible to help lessen the emotional trauma the children may be experiencing. If the parentscannot come to an agreement regarding the issues involving the children, the court will establish the custodyorder at its discretion. Filing Spouse Title: Petitioner. The Petitioner is the spouse who initiates the filingprocedure with the family law or domestic relations court.Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouseto support the other financially for a temporary or permanent basis is decided on a case-by-case basis asagreed to by the parties or at the court’s discretion.
    • In a proceeding for dissolution of marriage a maintenance award for either spouse in amounts and forperiods of time as the court deems just, without regard to marital misconduct, in gross or for fixed orindefinite periods of time, and the maintenance may be paid from the income or property of the other spouseafter consideration of all relevant factors, including: (1) the income and property of each party, includingmarital property apportioned and non-marital property assigned to the party seeking maintenance; (2) theneeds of each party; (3) the present and future earning capacity of each party; (4) any impairment of thepresent and future earning capacity of the party seeking maintenance due to that party devoting time todomestic duties or having forgone or delayed education, training, employment, or career opportunities dueto the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriateeducation, training, and employment, and whether that party is able to support himself or herself throughappropriate employment or is the custodian of a child making it appropriate that the custodian not seekemployment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8)the age and the physical and emotional condition of both parties; (9) the tax consequences of the propertydivision upon the respective economic circumstances of the parties; (10) contributions and services by theparty seeking maintenance to the education, training, career or career potential, or license of the otherspouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds.(750 Illinois Compiled Statutes – Chapter 5 – Sections: 504)Non-Filing Spouse Title: Respondent. The Respondent is the spouse who does not file the initialdissolution of marriage papers, but rather receives them by service.Court Name: In the Circuit Court of the __________ Judicial District, __________ County, Illinois. This isthe Illinois court where the dissolution of marriage will be filed. The court will assign a case number and havejurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debtdivision, support, custody, and visitation. The name of the court is clearly represented at the top of alldocuments that are filed.Primary Documents: Petition for Dissolution of Marriage and Judgment for Dissolution of Marriage. Theseare the essential documents needed to start and finalize a dissolution of marriage according to Illinois law.There are anywhere from ten to twenty other documents that may be required throughout the filing process.A few other documents that are typically filed during the process are: Verification Statement, Waiver of TwoYear Statutory Period of Separation, Financial Disclosure Statement, and Entry of Appearance, Waiver, andConsent.Court Clerk’s Title: Office of the Clerk of the County Circuit Court. The clerk or the clerk’s assistants will bethe people managing your paperwork with the court. The clerk’s office will keep the parties and the lawyersinformed throughout the process in regards to additional paperwork that is needed, further requirements,and hearing dates and times.Property Distribution: Since Illinois is an “equitable distribution” state, the marital property shall be dividedin an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage theparties to reach a settlement on property and debt issues otherwise the court will declare the propertyaward.If the parties cannot otherwise agree, the court will equitably divided the marital property. Marital property isdefined all property acquired by either spouse subsequent to the marriage, except the following, which isknown as “non-marital property”: (1) property acquired by gift, legacy or descent; (2) property acquired inexchange for property acquired before the marriage or in exchange for property acquired by gift, legacy ordescent; (3) property acquired by a spouse after a judgment of legal separation; (4) property excluded byvalid agreement of the parties; (5) any judgment or property obtained by judgment awarded to a spousefrom the other spouse; (6) property acquired before the marriage; (7) the increase in value of property; (8)income from property acquired.The court shall divide the marital property without regard to marital misconduct in just proportionsconsidering all relevant factors, including: (1) the contribution of each party to the acquisition, preservation,or increase or decrease in value of the marital or non-marital property, including the contribution of a spouseas a homemaker or to the family unit; (2) the dissipation by each party of the marital or non-marital property;(3) the value of the property assigned to each spouse; (4) the duration of the marriage; (5) the relevanteconomic circumstances of each spouse when the division of property is to become effective, including thedesirability of awarding the family home, or the right to live therein for reasonable periods, to the spousehaving custody of the children; (6) any obligations and rights arising from a prior marriage of either party; (7)any antenuptial agreement of the parties; (8) the age, health, station, occupation, amount and sources ofincome, vocational skills, employability, estate, liabilities, and needs of each of the parties; (9) the custodialprovisions for any children; (10) whether the apportionment is in lieu of or in addition to maintenance; (11)
    • the reasonable opportunity of each spouse for future acquisition of capital assets and income; and (12) thetax consequences of the property division upon the respective economic circumstances of the parties. (750Illinois Compiled Statutes – Chapter 5 – Sections: 503)Restoration or Name Change: Upon request by a wife whose marriage is dissolved or declared invalid, thecourt shall order her maiden name or a former name restored. (750 Illinois Compiled Statutes – Chapter 5 –Sections: 413)Counseling or M ediation Requirements: If the court concludes that there is a prospect of reconciliation,the court, at the request of either party, or on its own motion, may order a conciliation conference. Theconciliation conference and counseling shall take place at the established court conciliation service of thatjudicial district or at any similar service or facility where no court conciliation service has been established.(750 Illinois Compiled Statutes – Chapter 5 – Sections: 404)The court shall determine custody in accordance with the best interest of the child and shall not considermarital conduct. The court shall consider all relevant factors including: (1) the wishes of the child’s parent orparents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction andinterrelationship of the child with his parent or parents, his siblings and any other person who maysignificantly affect the child’s best interest; (4) the child’s adjustment to his home, school and community; (5)the mental and physical health of all individuals involved; (6) the physical violence or threat of physicalviolence by the child’s potential custodian, whether directed against the child or directed against anotherperson; (7) the occurrence of ongoing or repeated abuse, whether directed against the child or directedagainst another person; and (8) the willingness and ability of each parent to facilitate and encourage a closeand continuing relationship between the other parent and the child.When the court is to determine whether or not a joint custody arrangement is in the best interests of thechildren it shall consider these following factors; (1) the wishes of the child’s parent or parents as to hiscustody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the childwith his parent or parents, his siblings and any other person who may significantly affect the child’s bestinterest; (4) the child’s adjustment to his home, school and community; (5) the mental and physical health ofall individuals involved; (6) the physical violence or threat of physical violence by the child’s potentialcustodian, whether directed against the child or directed against another person; (7) the occurrence ofongoing abuse, whether directed against the child or directed against another person; (8) the willingnessand ability of each parent to facilitate and encourage a close and continuing relationship between the otherparent and the child; and (9) whether one of the parents is a sex offender. (750 Illinois Compiled Statutes –Chapter 5 – Sections: 602, 603 and 610)Child Support: Illinois child support guidelines uses the Percentage of Income formula which calculates thesupport obligation as a percentage of the income of the non-custodial parent who is obligated to support thechild. This method simply applies a percentage to the income of the parent according to the number ofchildren requiring support.If the parties cannot agree to a support amount, the court will apply the support guidelines. If the courtmakes a finding that the application of the guidelines would be inappropriate, after considering the bestinterests of the child in light of evidence including but not limited to one or more of the following relevantfactors: (a) the financial resources and needs of the child; (b) the financial resources and needs of thecustodial parent; (c) the standard of living the child would have enjoyed had the marriage not beendissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) thefinancial resources and needs of the non-custodial parent.If the court deviates from the guidelines, the court’s finding shall state the amount of support that would havebeen required under the guidelines, if determinable. The court shall include the reason or reasons for thevariance from the guidelines. (750 Illinois Compiled Statutes – Chapter 5 – Sections: 505, 507)
    • State Abbreviation IL Statehood December 3, 1818 State Capital Springfield Number of Counties 102 State Population (2005) 12,763,371 State Quarter Issue Date January 2, 2003 State Flower Violet Nickname Prairie State State Flag Area Codes 217, 224, 282, 309, 312, 331, 464, 618, 630, 708, 773, 815, 847, 872 Top 5 Cities (2000 population) Chicago 2,896,016 Rockford 150,115 Aurora 142,990 Naperville 128,358 Peoria 112,936 M ajor Sports Teams MLB: Chicago Cubs, Chicago White Sox NFL: Chicago Bears NBA: Chicago Bulls NHL: Chicago BlackhawksshareThis entry was posted on Friday, August 26th, 2011at 4:57 pmtweetsand is filed under Alimony, Child Custody, Illinois Alimony Laws, Illinois Child Support Laws, Illinois Divorce Laws. You canfollow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.