DIVORCE IN ILLINOIS Illinois Marriage and Dissolution of Marriage Act (IMDMA) is contained in Chapter 750 of the Illinois Compiled is further divided into eight Parts with each containing multiple Sections. This act views divorce as a dissolution of a partnership and thus calls divorce "dissolution of marriage." DIVORCE REQUIREMENTS A person must meet the jurisdiction and venue requirements before a divorce can be granted.
Jurisdiction. A person must reside in the state of Illinois for 90 days before filing for divorce.
Venue. The divorce must be filed in the county where either the Husband or the Wife resides. PLEADING A spouse must prepare and file a document requesting the divorce. This document is commonly called the divorce petition but is formally known as the Petition for Dissolution of Marriage. The IMDMA dictates the specific information that must be contained in the petition. Failure to properly include all required information may result in the petition being dismissed (thrown out of court).
GROUNDS Illinois now only has the grounds of Irreconcilable Difference. Per the statute, if the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
FILING Once the spouse has prepared the Petition for Dissolution of Marriage, the petition must be filed at a courthouse to begin the divorce process. Once again venue dictates which courthouses would be acceptable under the IMDMA. The Clerk of the Circuit Clerk in every county determines the cost for filing a divorce petition. A spouse must either pay the fee or file a paupers petition stating that the spouse meets the requirements of poverty and a judge orders the fee to be waived.
SERVICE The spouse filing the divorce must "serve" the other spouse with a copy of the divorce paperwork unless the spouse files his/her own appearance. Service of process, as it is properly called, is dictated by the Illinois Supreme Court rules and the Code of Civil Procedure. Generally the sheriff in the county in which the divorce is filed is authorized to "serve" the petition upon the spouse. A private process server can also be used for the service of process. DIVORCE PROCEDURE Divorce procedure differs vastly from county to county and minutely from judge to judge within each county. A divorce officially begins when one spouse files the Petition for Dissolution of Marriage. Then the other spouse is served with the petition and the spouse who is served must file a response with the Circuit Clerk and pay the fee to participate in the divorce.
Uncontested. If the divorce is fully agreed upon, the parties can immediately proceed to a hearing to finalize the divorce. The parties must prove the minimum requirements listed above (jurisdiction, venue, grounds). The parties must present the proper documents to the court detailing the parties agreement on financial issues and children, if applicable, and provide the presiding judge with a judgment to sign. The parties must also fill out the Certificate of Dissolution at the time the divorce is finalized.
Contested. If every aspect of the divorce is not agreed to, then the parties must utilize the court system to resolve the contested issues. The exact procedures necessary to resolve these issues depends on the presiding judge and the county in which the divorce is taking place. Eventually the divorce will be finalized and a judgment entered. The length of time involved to resolve the divorce will vary depending on the number of contested issues, the attorneys representing the couple, the number of cases on the court's docket, etc.
CHILDREN If children were born during or adopted during a marriage, then custody must be determined along with the exact times each parent has the child/chidlren and the financial obligations of each parent. The Illinois Supreme Court Rules set forth the specific rules for divorces with children including the requirement of a one-time class, time constraints, and the exact procedure to determine custody. In addition to these rules, statutory guidelines exist to determine temporary issues (while the divorce is pending) and permanent issues of divorcing couples with children. Financial expenses of the couple's children must be determined which can include child support, health insurance, medical expenses not covered by health insurance, daycare, extracurricular activities, life insurance policies, and educational expenses ranging from registration fees to tuition for private schooling or college. The application of the rules and statutes vary from county to county and judge to judge within each county.
DISCOVERY This is the term given to the process through which the assets, debts, earnings, and property of the Wife and the Husband are determined is called discovery. Both the Husband and the Wife must fully and honestly disclose all information necessary to resolve the divorce either by agreement or by ruling of the Court. The process can be though voluntary disclosure, called informal discovery, or through formal discovery methods. The use of formal discovery generally increases the length and cost of the divorce.
COURT APPEARANCES. At least one court appearance is required t o obtain a divorce in Illinois. If the divorce is not completely agreed upon, m ore than one court appearance will be required. The presence of the d ivorcing couple is required in court unless an attorney has been hired for e ach spouse. An attorney should let the client know whether the client must b e present at each court date. Some judges require the presence of t he divorcing couple in court for certain types of court dates.
ORDERS When the divorce is completed (finalized), the order granting the divorce is called a Judgment. The terms of the divorce are set forth in the Marital Settlement Agreement, detailing all financial and property issues, and, if the couple has children, the details of custody and visitation are set forth in the Parenting Agreement. Both of these documents can be incorporate into the Judgment making them orders of the Court.
MAIDEN NAME In a divorce, the wife can return to her maiden name without any a dditional costs. The Judgment must state the Wife is resuming use of her m aiden name. If the Judgment does not contain the provision allowing the Wife to resume her maiden name, the Wife must open a new court case requesting her name change and pay the filing fee to the courthouse and pay for a notice to be published in the newspaper.
DIVORCE PRACTICE of ATTORNEY ANGELA LUND-LOGAN Attorney Angela Lund-Logan handles divorce cases in Boone and Winnebago counties. Limiting her practice allows her to better serve her clients, Angela Lund-Logan is familiar with the local court rules and, most importantly, how the law is applied by the judges in these counties.
Angela Lund-Logan has experience with all aspects of divorce having represented the Petitioner, the Respondent, the Husband, the Wife, and children as a Guardian ad Litem. Being divorced herself, Angela Lund-Logan understands the emotional aspects of divorce and aims to alleviate much of the emotional turmoil resulting from a If your marriage is having troubles, seeking a divorce is not always the first response. Many couples have saved their marriage through marriage counseling. The decision to file for divorce should not be taken lightly and speaking with an attorney can assist in this difficult decision.
You need to consult with an attorney as soon as possible. An More importantly, you will know what NOT to do when served with divorce papers.
Reacting without knowing the law could:
Harm your ability to obtain custody
Reduce your claim on the marital residence
Create improper spending claims
Increase your legal fees trying to repair the damage your actions caused
Extreme emotional responses might result in:
Arrest
Criminal charges
Issuance of an Order of Protection
Supervised visitation
Lengthy delays in seeing your children
Increase your legal fees trying to repair the damage your actions caused
Failing to respond quickly enough could:
Prevent you from participating in the divorce
Delay visitation
Result in entry of orders that hurt your case
Increase your legal fees trying to repair the damage your actions caused
After meeting with an attorney, you will know who to contact if you are served with divorce papers. You will also know:
Divorce process
How to avoid a default judgment
Funds needed to hire the attorney
YOU HAVE BEEN SERVED DIVORCE PAPERS If you have been served with divorce papers, you MUST seek legal counsel immediately to preserve your legal rights. Legal advice could prevent you from making decisions based on emotions that may place you at a disadvantage later in the divorce. For further information click here.