File for Divorce in Illinois, 4E (How to File for Divorce in Illinois)
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All other pleadings shall be denominated as provided in the Civil Practice Law. The proceedings shall be had in the county where the Petitioner or Respondent resides or where the parties' certificate of civil union was issued, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made within such time as the Respondent's response is due. In no event shall venue be deemed jurisdictional. Illinois Joint Simplified Dissolution Procedure: Illinois provides for a streamlined, simplified dissolution procedure called the Illinois Joint Simplified Dissolution Procedure, if all the following conditions exist when the couple files.
If the couple meets these criteria, it may file the necessary paperwork with the court and set a hearing. If all requirements are met, the court will enter a judgment granting the dissolution. Court-Mandated Classes: In an action for Dissolution of Marriage involving minor children, or in a post-judgment proceeding involving minor children, the court reserves the right to order the parents to attend an educational program concerning the effects of dissolution of marriage on the children.
The program may be divided into sessions, which shall not exceed a combined total of four hours.
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The program will be educational in nature and is not designed for individual therapy. The fees or costs of these educational sessions will be paid by the parents. Spouse's Name: Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order that her maiden name or former name be restored. The law defines a civil union as a legal relationship between two persons, of either the same or opposite sex, established pursuant to the applicable law. A marriage between persons of the same sex, a civil union, or a substantially similar legal relationship other than common law marriage, legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union.
Establishing a Civil Union To establish a civil union in Illinois, the parties must meet the following requirements:. When an application has been completed and signed by both parties, applicable fees have been paid, and both parties have appeared before the county clerk, the county clerk shall issue a license and a certificate of civil union upon being furnished satisfactory proof that the civil union is not prohibited. The license becomes effective in the county where it was issued one day after the date of issuance, and expires 60 days after it becomes effective.
The certificate must be completed and returned to the county clerk that issued the license within 10 days of the civil union. Divorce Grounds: Illinois provides for several fault-based grounds for divorce and one no-fault method. The legal grounds for dissolution in the state are as follows: 1. Impotency; 2. Bigamy; 3. Adultery; 4. Soft to the touch, seafarers will appreciate walking on them barefoot or lying on them when the boat is moored, in total safety! Trampoline net in polyester or technical canvas for Tobago 35 catamaran from the Fountaine-Pajot shipyard.
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Discover the many advantages of the Fountaine Pajot trampoline net! Why choose our Fountaine Pajot trampolines? When you file your Petition for Dissolution of Marriage, you will be assigned a case number. When you wish to learn the status of your case, be sure to reference this case number. A fee may be required. Hire a private process server to deliver the papers. The most popular method of service is to mail the divorce papers via mail. You or your attorney must file a Certificate of Mailing to confirm this.
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In some rare cases, when the whereabouts of your spouse is unknown, the court may publish a notice in the newspaper. Response to the Petition Once your spouse has been served with the divorce papers, they have 30 days to respond to the petition. The Response to the Petition may confirm or deny the allegations made in the Petition for Dissolution of Marriage. In some cases, your spouse may file a Counter Petition along with the Response.
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This petition may name additional grounds for divorce. Along with the Response, you spouse will also file an Appearance form, signifying that they wish to be present for the court hearing. Default Judgment If your spouse fails to respond within the allotted 30 day period, a judge may enter a default judgment.
To obtain a default judgment, you or your lawyer must show that Service of Process did occur on the date recorded. In a default judgment, the judge will grant a divorce and equitably distribute property. Even if a default judgment is entered, your spouse still has 30 days to file a motion to vacate the default judgment. If there is a default judgment, it is likely that the judge will grant most or all of the requests in your Petition for Dissolution of Marriage.
If your spouse requests a delay due to lack of legal representation, or some other major impedance, the judge is likely to delay the initial hearing 30 or more days. Uncontested Divorce Low Cost If your spouse agrees to all of the points in your Petition, you may qualify for a Simplified Divorce procedure.
Both Fault and No-Fault divorces can be contested.
Civil Union Act
It is important to obtain a qualified divorce lawyer to represent you in a contested divorce. It is quite common for contested divorces to cost tens of thousands of dollars, with most of that going to attorney fees. In a contested divorce, attorneys for you and your spouse will engage in discovery which is an investigation into the allegations in the Petition, Response and Counter Petition. This is likely to include depositions from you, your spouse and others who may have knowledge. Lawyers for both sides may subpoena certain evidence like financial records, phone records and other documents.
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Self-representation Lowest Cost If at all possible, convince your spouse to agree to an uncontested divorce. Mediation Moderate Cost Illinois, like most states, encourages the use of mediation before and during divorce cases. Divorce Attorneys High Cost If you and your spouse are at an impasse, then the judge will likely set a date for a trial. If your spouse contests the divorce, expect that they will hire an attorney. You should do likewise to protect your interests. Although an experienced divorce attorney is likely to produce a favorable judgment, it remains in the hands of the judge.
A protracted discovery and negotiation process will increase costs A combative divorce can be especially difficult for children. Property Distribution Like many other states, Illinois distributes property according to the principle of equitable distribution. Separate Property is not subject to divorce proceedings and typically include Property owned prior to the marriage Property received as a personal gift Property received through inheritance Property designated as separate through a prenuptial agreement Spousal Support Unlike many states, Illinois does not make spousal support decisions based on fault.
The judge is likely to consider the following criteria in an alimony decision: The income and financial assets of each spouse. The financial needs of both spouses The earning potential of each spouse Any loss of earning potential due to marriage The standard of living enjoyed during the marriage Any prenuptial agreements Illinois courts may direct that you or your spouse provide support in the form of a lump payment, periodic payments or a combination.
Child Custody and Support In an Illinois divorce case which involves children, the judge may decide to award one of two types of child custody. Sole Custody grants one parent primary responsibility for the wellbeing of the child. The parental custodian is charged with making major life decisions for the child.
Joint Custody is a shared responsibility for a child.