ILLINOIS DIVORCE LAW - IT IS HIGHLY RECOMMENDED THAT ANYONE SEEKING A JUDGMENT FOR DISSOLUTION OF MARRIAGE AVAIL HIMSELF OF THE SERVICES OF A COMPETENT ATTORNEY, LAWYER OR LAWFIRM EXPERIENCED IN FAMILY LAW.


 

VENUE: In Illinois a divorce action must be filed in the county where one of the spouses resides. In almost all cases if the spouses reside in different counties the spouse who files with the court first determines which county the litigation will take place in. This can be an extreme benefit to one spouse and a great hardship to the other spouse. You can obtain a Judgment for Dissolution of Marriage if you don't know where your spouse resides or if he refuses to sign the divorce papers. In makes no difference where you were married - If you live in Illinois you can obtain a divorce in Illinois, unless of course, your spouse has already filed for divorce in another jurisdiction.

PENSION / RETIREMENT PLANS: An important asset to be divided between the parties in a divorce action is a spouse's pension / retirement plan accounts and deferred compensation accounts which accrued during the marriage between the parties. In many cases this asset can have a higher value than the party's equity in real estate but often a person does not even consider it. The court has the authority to enter a qualified domestic relations order (QDRO) or a qualified Illinois domestic relations order (QILDRO) requiring the other spouse's plan administrator to set up an account in the name of the non-employee ex-spouse indicating that those are his/her funds and the employee ex-spouse cannot touch those funds.

GROUNDS FOR DIVORCE: Grounds relied upon in an action for dissolution of marrige have no relationship with the distribution of the property between spouses and the court may not consider grounds in allocating property between divorcing spouses. Grounds for Divorce: Irreconcilable Differences (Must be separated for a period in excess of 2 years if parties don't sign or separation period over 6 months if both spouses sign a waiver of 2 year requirement) - Mental Cruelty - Physical Cruelty - Desertion for a period in excess of one year - Spouse gave other spouse venereal disease - Spouse attempted to murder other spouse (if murder had been successful divorce would not be necessary) - spouse has been intoxicated for a period in excess of 2 years - Adultery (holding hands is not sufficient - actual physical sexual intercourse has to be proven) - Felony committed by spouse during period of marriage.

MAINTENANCE / ALIMONY: There are no percentage guidelines as to how much maintenance (alimony) a spouse may be awarded from the other spouse. The award of maintenance to a spouse is unusual and some of the criteria to determine whether a spouse should be awarded maintenance is: the length of marriage of the parties, the earning potential of the parties, the current earnings of the individual parties, the educational level of the parties, the assets awarded to each party in the divorce decree, the potential earnings from the assets awarded to each party in the divorce decree, the health of each party, etc. Unless provided otherwise in the divorce decree or court order, maintenance terminates upon proper motion and proof at a hearing that the spouse receiving maintenance is residing with another individual on a resident conjugal basis (that is proof of actual physical sexual intercourse. Some judges may say that just because two unrelated parties of the opposite sex are living together does not prove that they are having sex! Also, just because a former spouse may go to a hotel or her friend's home to have sex on occassion is not sufficient in and of itself.) Unless the divorce decress states that the maintenance award is non-modifiable, either party may file a petition in court seeking to reduce or increase the maintenance payments based upon a change in circumstances (eg. payor loses his job or receives a substantial increase in pay).

DEFAULT PROVE-UP: A default prove-up may occur when the Respondent is served by personal service or publication and fails to file an appearance or responsive pleading within thirty days of service of process. A default prove-up is held pursuant to proper motion and finding that the Respondent is in default.

PROVE-UP BY STIPULATION: If the parties have an agreement as to ALL issues they may enter into a stipulation to have the case heard as an uncontested matter and have their agreement incorporated into and made a part of the Judgment for Dissolution of Marriage.

TIME TO JUDGMENT BEING ENTERED: If spouse signs papers - The divorce is usually final within 1 to 4 weeks after the signed papers are tendered to the attorney. If spouse does not sign papers but does not contest the divorce - The divorce is usually final within 2 to 3 months after client signs papers and pays full retainer fee. The Respondent would be found in default and there would be a default prove-up.

TRANSCRIPT OF PROVE-UP: If there is a court reporter present at the prove-up (uncontested trial) a transcript must be filed with the Court within 28 days of the prove-up. If there is not a court reporter present at the prove-up (uncontested trial) and the parties have executed a stipulation to hear the case as an uncontested matter the court will waive the filing of a transcript of the prove-up. A court reporter must be present and transcribe the prove-up (uncontested trial) if the other spouse (Respondent) is in default. A default occurs when the Respondent is served by personal service or publication and fails to file an appearance or file a responsive pleading and the court finds the Respondent in default pursuant to written motion

This website does not provide legal advice but instead is meant to give general information and should not be relied upon without seeking competent legal advice relating to your specific situation. What generally may be true may not apply in your case depending upon the specific facts and circumstances involved. Nothing contained in this website is meant to create an attorney-client relationship and no attorney-client relationship is created until a written retainer agreement is executed by the attorney and client and a retainer fee is paid to the attorney.