Illinois Divorce Tips
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Each divorce case is different and marked by its nature of complications and marital issues. In general divorce laws of all states in USA address to these issues. But to avoid unnecessary chaos and confusion, every state in USA has developed laws pertaining to divorce cases in that state only. The state of Illinois is not an exception. Illinois divorce laws address many issues related to residency requirement, division of property, child support and visitation rights, child custody, etc. This state also has resources for a DIY divorce. In order to gain an adequate knowledge of all these things, you should know some important Illinois divorce tips.
Some important Illinois Divorce Tips
- Illinois laws requires any of the spouse to reside in the state for at least 90 days or 3 months before filing for the case.
- Regarding property division, the state of Illinois believes in equitable division of property. This means that each partner owns the income that she/ he has earned during their marriage and they also possess the right to manage their individual property. In most cases, it is the judge who divides the marital property in a way that he considers to serve the best interests of the partners. This division may not be always equal.
- Before filing for a divorce case, it is important for you to know about the grounds of divorce. One of the most essential Illinois divorce tips is to focus on divorce grounds- fault ground and no-fault ground. Many times, the husband or the wife goes for divorce on fault ground when she/ he is faced with issues like child custody, division of property and want an alimony from the other partner.
Other than the two grounds mentioned above, you can file for a case if you and your partner have been living separately for a period of at least 2 years.
Besides these general divorce suggestions, we can take a look at the more specific and critical tips which are mentioned as follows:
- All the orders of support that have been altered or entered on or after 1st January 2002 comprise of a statement that if any support obligation under the order remains unpaid for 30 days or more, then this money accrues simple interest at a rate fixed from time to time
- As per Section 20, if the obligor of support procures new employment or the current employment is terminated due to some cause, then the obligor must report this to the clerk of the court and the obligee within 10 days of the change. This report should be in written form. If there is a new employment, the name and address of the new employer must be conveyed.
- The Illinois Marriage and Dissolution of Marriage Act, Section 504 is referred to determine the amount of maintenance.
- The Illinois Marriage and Dissolution of Marriage Act, Section 505.2 and subsection (a) of Section 505 are used to calculate the amount of child support.
- As per Section 15, a person has committed an offense of failure to support in the following condition:
- In the absence of any lawful excuse, the person intentionally denies to offer the support or maintenance of the spouse or the children despite the knowledge that the spouse requires the money and he or she has the amount to offer support.
- Post marriage, if the partners wish to alter or cancel the premarital agreement, this is possible done by means of a written agreement that bears the signatures of both partners. The revocation or amended agreement can be enforced without consideration.
- According to Section 709, the court clerk is supposed to maintain a payment record of all amounts received for support. Such records form a prima facie evidence of the payment and non-payment.
- Under Section 708, it is mentioned that a divorcing partner should not reveal his or her street address if such a disclosure would gravely endanger the emotional, mental or physical health of the partner or any minor child, or both.
- Assume that one parent removes a minor child temporarily from Illinois. This parent must inform the other parent or the lawyer of the other parent, the address and telephone number of the residence where the child is to be shifted temporarily. The date on which the child would be brought back in the state should also be conveyed.
- A parent, who is not granted custody of the child, is eligible for reasonable visitation rights except when the court concludes following a hearing, that the visitation would gravely endanger the emotional, moral, mental and physical health of the child.
- The custody proceedings are given priority while being set for hearing.
- When the court concludes that a public hearing is harmful to the best interest of the child, the court might exclude the public from a custody hearing. A person might be given admission in the court, if the court thinks he or she has direct and legitimate interest in the specific case or a research or legitimate educational interest in the work of the court.
The above-mentioned Illinois divorce tips are presented in a short and crisp manner. An experienced lawyer can draw your attention to the subtleties of your case.