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GENERAL
DIVORCE
How
does the Divorce Process Begin?
Does
it matter who brings the divorce action?
What
are the Grounds for Divorce?
What
is an Uncontested Divorce?
What
percentage of cases are settled versus tried to the Court?
If
the parties agree on all aspects of the divorce, must you still go before a
Judge to Obtain a Divorce?
How
long does a divorce take?
How
much will my divorce cost?
Why
do I need to pay a retainer fee?
Can
I do my own divorce?
If
the Case is Settled Out of Court, Must You Still Go Before a Judge to obtain a
divorce?
CHILD
SUPPORT
How
do you calculate child support?
May
I stop paying child support because my Spouse will not give me my visitation?
I
pay my percentage of child support now my ex-spouse is asking for daycare
expenses. Do I need to pay them?
VISITATION
May
I withhold Visitation because my Spouse will not pay child support?
PROPERTY
DIVISION
How
is property divided in Illinois?
MAINTENANCE
Can
I get Spousal Support?
How
does the Divorce Process Begin?
The divorce process begins when a party files a complaint for Dissolution of
Marriage. After filing of the
Petition, the party has the opposing party (Respondent/Defendant) with the
complaint and provides an opportunity to respond.
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Does
it Matter Who Brings the Divorce Action?
Some lawyers swear that there is an advantage to being first. Others say it
doesn't really matter. There is no negative connotation attributable to the
spouse who brings the action or to the person who responds to the action.
However, the person who brings the case first gets to talk first.
If
domestic violence has been a part of your life, you need to take immediate
action. It is more credible for a victim of family violence to bring the action
first.
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What
are the Grounds for Divorce in Illinois?
The grounds for divorce in Illinois include the following:
·
natural
impotence at the time of the marriage and continuing thereafter
·
bigamy
(also a ground for annulment)
·
adultery
·
willful
desertion or absence from the petitioner for the space of one year
·
habitual
drunkenness for the space of 2 years
·
gross
and confirmed habits caused by the excessive use of addictive drugs for the
space of 2 years
·
threatening
the life of the other by poison or other means showing malice
·
extreme
and repeated physical or mental cruelty
·
conviction
of a felony or other infamous crime
·
infecting
the other spouse with a communicable venereal disease.
·
irreconcilable
differences
What
is an Uncontested Divorce?
An
uncontested divorce in the state of Illinois is one where both parties agree on
ALL the issues of the case and are willing to settle their differences without
the need for a trial. This is
normally done with numerous pleading including a Joint Parenting Agreement and
Marital Settlement Agreement.
What
Percentage of Cases are Settled Versus Tried to the
Court?
Nearly all of them. It is the recommended course of action in the State of
Illinois that parties attempt to resolve their conflicts without court
intervention other than granting the divorce. The problem with settlement is
that it usually takes significant legal action to bring the parties to a
mutually agreeable resolution. It is more palatable to parties to make decisions
and have to give a little then allow a neutral third party (the judge) to decide
everything for the parties and possibly walking away with nothing.
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How
Long Does a Divorce Take?
A divorce can be settled fairly quickly if both parties agree on the aspects of
the divorce. Once the parties agree
and an appropriate Judgment is prepared and signed, a prove up date (date of
presentation to a judge) can be had in as little as seven days.
However, if the parties are very set in their ways and unwilling to
settle the matter, the case could take years to resolve and would ultimately be
decided by a judge after a trial.
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What
Does a Divorce Cost?
The Illinois Rules of Professional Conduct outlines the factors involved with
attorney's fees. Fees are be based upon the time and labor expended, the
complexities of the issues involved, the degree of difficulty of the matter, the
results achieved, the County of venue for the divorce, and any extraordinary
time or demands placed upon an attorney which would prevent an attorney from
representing other clients. Furthermore, divorce itself can be very inexpensive
or very expensive depending on the parties’ ability to come to an agreement.
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Why
Do Lawyers Require Retainer Fees?
In short, it allows them to get paid. Lawyers practice law because they enjoy
it, because they like the challenge, and to make their living. Like you, they
have bills to pay. They have office overhead, dreams to fulfill, and little ones
at home with their needs. Like you, they go to work to trade their time and
expertise for compensation. The retainer insures that the attorney is
compensated for his or her efforts
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Can
I Do the Divorce Myself?
Yes. Then again, that's like getting a medical book and performing surgery from
the to-do list. Of great concern is the fact that a divorce judgment will
extinguish certain rights, including the right to equitably distribute your
property and the right to spousal support if you do not "preserve"
those claims prior to the entry of the divorce judgment. Save yourself some
time, frustration, and heart ache, hire a lawyer to assist you with this matter.
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How
do I calculate child support?
The simple answer (which is only semi accurate due to factors that are taken
into account contained the Illinois Marriage and Dissolution of Marriage Act 750
ILCS 5/505) is to take the payor’s net income amount and multiply this by the
appropriate percentage depending on the number of children in the marriage. The
percentages are as follows:
One
Child –
20%
Two
Children –
28%
Three
Children –
32%
Four
Children
-
40%
Five
Children –
45%
Six
or More Children –
50%
There
may be multiple factors which either increase or decrease this amount.
A skilled attorney should investigate to provide you with the most for
your children.
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May
I Stop Paying Child Support because my Spouse will not
give me my visitation and access?
No. If you withhold child support because a spouse will not allow you to
exercise your visitation you are taking the law into your own hands and may be
held in contempt of court. You should see an attorney who will advise you on
what action you need to take to ensure that your visitation rights are not
interfered with in the future.
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I
pay my percentage of child support now my ex-spouse
is asking for daycare expenses.
Do I need to pay them?
Although
not codified in the Illinois Marriage and Dissolution of Marriage Act, most
likely a court in the state of Illinois will require the non custodial parent to
not only pay their requisite child support amount but also a percentage of the
day care expenses that are generated by the child’s day care provider.
While not fully accepted by all judges, the majority find that this is in
addition to the amount of child support paid by the payor.
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May
I Withhold Visitation because my Spouse will not pay
child support?
No. If you withhold visitation because a spouse will not pay his or her child
support, you are taking the law into your own hands and may be held in contempt
of court. If your spouse will not pay child support, you should see an attorney
who will advise you on how to recover the lost child support payments and to
further ensure that your spouse continues to make timely payments in the future.
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If
the Case is Settled Out of Court, Must You Still Go
Before a Judge to obtain a divorce?
Only the judge can grant the divorce. Once all the documents are in order, one
party or the attorney for that party will go before the judge. If you would like
to be present and testify, the lawyer will ask you a number of questions which
mostly require only a yes or no answer. The actual hearing takes only about 10
minutes. The time spent waiting for your turn can be as long as 1 hour. Thus,
either the party requesting the divorce must be present in court to obtain a
divorce.
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Can
I get Spousal Support?
In Illinois, if you can show that you are a dependent spouse and that your
spouse is a supporting spouse, the court may award spousal support. Once that
initial determination is made, the court may consider other factors that include
but are not limited to the marital misconduct of either of the parties, the
duration of the marriage, the relative earnings and earning capacities of the
parties, the ages and physical, mental and emotional conditions of the spouses.
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How
is Property Divided in Illinois?
All property acquired during a marriage is marital property unless proven to be
non-marital property. The division of the marital property is that which is just
and right in accordance with the courts ruling. It making a determination the
court looks at the following factors as set forth in the Illinois Marriage and
Dissolution of Marriage Act:
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