Where to File for Divorce

Family Law Blog

Where to File for Divorce

February 4, 2020 | Divorce

A divorce occurs when a judge signs a divorce judgment (formally called a judgment for dissolution of marriage). Therefore, getting divorced involves going to court. But what court? There are many types of courts in the United States: federal courts, state courts, administrative courts, etc. In Illinois, divorce cases are heard in state court at […]

How Length of Marriage Impacts Distribution of Marital Property

December 24, 2019 | Property

What happens when divorcing spouses cannot agree on the marital property they receive?  Illinois divorce judges distribute marital property “equitably,” not always 50/50. Two important factors are 1) which spouse contributed to the acquisition of the property, and 2) the duration of the marriage. If the marriage is short, judges favor the spouse who purchased […]

Temporary Support in Divorce Cases

December 23, 2019 | Child Support,Maintenance (Alimony)

During a marriage it is common for one spouse to have complete control over the finances. If there is then a divorce, it is not unusual for the spouse in control of the finances to “cut off” the other spouse from access to marital funds. This may be a tactic by the spouse in control […]

Holiday Gifts: Non-Marital Property in Illinois Divorce

December 22, 2019 | Property

Gifts received by a spouse during a marriage are the non-marital property of the spouse receiving the gift. A gift can be from one spouse to another or from someone outside of the marriage to one spouse . At divorce, each spouse keeps their non-marital property, including all gifts that were received during the marriage. […]

Filing Taxes Jointly or Separately During Divorce

December 21, 2019 | Property

A single person files taxes individually. A married couple  file taxes in one of two ways: 1) married filing jointly, or 2) married filing separately. If spouses are married on December 31 of a given year then they can file either married filing jointly or separately for that year. Therefore, if spouses are going through […]

How Illinois Public Policy Protects Children During Divorce

December 20, 2019 | Parenting (Child Custody)

It is Illinois public policy to protect children from exposure to conflict and violence in a divorce. The following are examples of that public policy:  An underlying purpose of Illinois divorce law is to ensure that there is predictable decision making for the children. An underlying purpose of Illinois divorce law is to ensure predictable […]

Why Illinois Law Promotes Settlement in Divorce Cases

December 19, 2019 | Divorce

It is Illinois public policy to promote amicable settlement of disputes in divorce cases. There are many reasons for this. Two primary reasons are 1) settlement is much more efficient than trial, and 2) divorcing spouses are in the best position to resolve disputes that impact their daily lives (instead of a detached judge). In […]

Right of First Refusal in Divorce

December 18, 2019 | Divorce,Parenting (Child Custody)

A “right of first refusal” means that if a parent intends to leave the minor child with a child-care provider for a significant period of time then that parent must first offer the other parent an opportunity to care for their minor child during that period of time. The theory behind a right of first […]

Using Net Income to Calculate Child Support and Maintenance

December 17, 2019 | Child Support,Divorce,Maintenance (Alimony)

Gross income is the total amount of income before any deductions. Net income is the amount left over after the deductions. Child support and maintenance are calculated by the using net income of each spouse. This distinction is critical because child support and maintenance are going to be much lower using net income figures instead […]

Secure Attachment in Child Custody Cases

December 16, 2019 | Divorce,Parenting (Child Custody)

When parents of minor children divorce there is often a “custody dispute” over the amount of parenting time each parent receives. During the marriage, usually one parent was more responsible for taking care of the child. This is called “caretaking responsibilities,” also knowns as caregiving.  Usually at divorce, the parent with greater caretaking responsibilities will […]

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