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 […]

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 […]

Deviating From Child Support Guidelines

December 14, 2019 | Child Support,Divorce,Parenting (Child Custody)

Divorced parents whose children live with them, i.e. parents who have majority parenting time, bear many more of the basic child related costs, such as food, clothing, etc.  Child support is designed to get both parents to pay for these basic costs. Under Illinois law, “guideline” child support is calculated by determining the cost of raising the child […]

Financial Affidavits in Illinois Divorce

December 14, 2019 | Child Support,Divorce,Maintenance (Alimony),Property

Each spouse going through a divorce must complete a financial affidavit, also known as a comprehensive financial statement. The affidavit is a standardized form which is used in every county in Illinois. The blank affidavit can be found here. An affidavit is like sworn testimony in court in that the person filling it out affirms […]

Injunctions in Illinois Divorce Cases

December 13, 2019 | Divorce,Property

In a divorce a spouse may be motivated to spend marital funds so there is nothing left for the other spouse. Consequently, a divorce judge must preserve the marital estate so that it can be distributed equitably. A common method for preserving a marital estate is through an injunction.  An injunction is defined as a […]

Subpoena Power in Divorce Cases

December 12, 2019 | Divorce

There are four types of subpoenas in Illinois: subpoena for documents, deposition subpoenas, trial/hearing subpoenas, and Grand Jury subpoenas. The first three types are important tools an attorney should use in a divorce case. They are directed to third parties, that is those people (or companies) not named in the divorce action. An attorney can […]

Emergency Petitions in Divorce Cases

December 11, 2019 | Divorce,Parenting (Child Custody),Property

Generally, a party to a lawsuit is entitled to due process. Due process is fairness in a judicial proceeding. This usually occurs through appropriate notice to the party subject to the judicial proceeding as well giving that party an opportunity to prepare for and participate in the proceeding. In divorce cases, under appropriate circumstances, a […]

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