marriage, where the marriage occurred, if any children were born, the wife's file
the divorce petition. The Petition for Dissolution of Marriage must be "served"
upon the spouse as a means of notifying the spouse of the divorce. Service of
process can occur through a private process server or the Boone County
Sheriff. Attorney Angela Lund-Logan files the divorce petition, has the spouse
served, and deducts the associated fees from the client's retainer.
RESPONDING TO THE DIVORCE PETITION. After being served with the divorce
petition, the spouse has thirty days within which to file a response. The Boone
County Circuit charges a $128.00 fee to file the response. If the response is not
filed, a judge can find the spouse to be in default thereby preventing the spouse
from participating in the divorce. Attorney Angela Lund-Logan files the response
and deducts the associated fee from the client's retainer.
DIVORCE WITH CHILDREN
SPECIAL RULES. The 900 series of the Illinois Supreme Court Rules were
apply to divorces involving children. These rules require each parent to attend a
parenting education program, require mediation is the parents do not agree
completely on custody and mediation, dictate court procedures, and place time
constraints on the length of a custody battle.
CUSTODY/VISITATION. Legal and physical custody of the child/children must be
determined as well as a visitation schedule for weekdays, weekends, summer
vacation, and holidays.
Agreed. If the parents completely agree upon a visitation schedule, legal
custody, and physical custody, the parties will execute a parenting agreement.
Contested. If the parents cannot agree upon a complete visitation schedule or
upon custody, the parties must attend first attend mediation to attempt to resolve
these issues. If the parties have not resolved custody through mediation, the
presiding judge will most-likely appoint an attorney for the child/children. If the
parties have not resolved every detail of visitation, the judge may appoint an
attorney for the child/children. The role of the attorney for the child is to decide
the disputed visitation and custody issues in favor of the best interest of the
EXPENSES OF CHILDREN. Each and every expense of the children must be set
forth in the divorce documents to avoid further litigation between the parents.
Child Support. The non-custodial parent will generally be required to pay child
support in accordance with the statutory guidelines set forth in Section 505 of
the Illinois Marriage and Dissolution of Marriage Act.
Medical Expenses. The Court can and does require parents to pay for the
health insurance premiums for their children under section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act. The parents customarily equally divide
all medical expenses not covered by insurance. If the court orders a parent to
pay for such expenses, failure of that parent to do so may mean that parent is in
Daycare. In addition to paying child support, the non-custodial parent can be
require to pay for the daycare expenses of the child/children. The custodial
parent can be required to show receipts of the daycare expenses actually
incurred, but the Court can simply set a weekly amount for the daycare once a
daycare amount has been determined.
Extracurricular activities. Whether the cost of activities such as soccer or
dance are to be paid with child support or in addition to child support is
determined by the presiding judge. Some judges require each parent to split the
cost without limit whiles some judges place caps on the amount the non-
custodial parent is required to pay. Still other judges base their decisions on
each individual case.
Educational Expenses. If the child/children attends private school prior to the
divorce, either or both of the parents can be required to pay for the tuition of the
children. If the child/children do not attend private school prior to the divorce, the
Court is much less likely to require the parent opposing the private schooling to
pay for a portion of the tuition. Unless the divorce paperwork states otherwise,
generally the parent receiving child support is responsible for the cost of school
registration and school supplies.
College expenses. Unless a child is in the final semester of high school, the
issue of college expenses for the child/children is reserved during the divorce.
When an issue is reserved, the Court can revisit this issue when the child has
been accepted and knows the cost of the secondary education. Each parent can
be ordered by the Court to contribute to the secondary educational costs of the
child including tuition, books, and living expenses.
Assets. Assets are categorized as either marital assets or non-marital. Non-
marital assets are those belongings acquired prior to marriage. Marital assets
are those belongings acquired during the course of the marriage with some
limited exclusion which would include gifts or inheritance unless these items
have been handled in such a way as to make the marital assets.
Debts. Debts are categorized as either marital debts or non-marital debts.
Marital debts are any debt acquired during the course of the marriage. This
would include any debt that even a portion was incurred during the marriage.
Non-marital debts would be debts incurred prior to marriage and have not
increased during the marriage aside from interest. A prime example is a credit
card opened prior to the marriage with a balance at the time of the marriage but
additional charges were incurred during the marriage.
Disposition of Assets and Debts. All assets and debts must be assigned to a
spouse. Illinois law divides the assets and debts of the Husband and Wife
Uncontested. If the parties can agree upon the disposition of the assets and
debts either in their entirety , the details of the agreement is formalized in a
document called the Marital Settlement Agreement.
Contested. If the parties can only agree on a portion of the debts or assets, a
Martial Settlement Agreement can be executed for the agreed upon issues.
Then a hearing must be held by the presiding judge to determine who is
awarded the disputed assets and debts.