Recent Changes to Illinois Divorce Laws 2023

You can as the court for a civil order of protection to legally keep a spouse away from you either before a divorce action begins or during a divorce already in progress. By law, parents have 120 days for file a parenting plan with the court from the date papers are first served on the Respondent. In some cases, an extension may be granted to allow for additional mediation. Courts encourage parents to come up with a joint parenting agreement in cases where there are no significant negative factors (i.e. drug abuse, domestic violence, criminal activity). The plan outlines the rights and responsibilities of each parent in a very detailed fashion. The courts must consider the reasonable opportunity of each spouse for future acquisition of capital assets and income.

Inheritances are one of the few assets that are not considered marital property. This means that they are only split if they were commingled from being shared between the spouses. If one of the parties does not comply with the terms of the Judgment, the other party may have to take the non-compliant party to court and ask that the non-compliant party be held in contempt of court. If the court finds there is a large disparity in the income of the parties or lack of access to funds by a party, the judge may determine that one party should pay for the other party’s attorney’s fees, or a portion thereof. If you can come to an agreement with your spouse, it is a good idea to have your lawyers work out a settlement agreement, which in the long run will save you and your divorcing spouse time and money. If you have a family business, talk to an attorney with that experience.

For example, most cases never get to the trial phase because most people can create an agreement before then. Legal separation only works if both parties are amicable and are willing to stay somewhat involved in each other’s lives. Usually when people choose legal separation, it is for religious or financial reasons. It is very important to recognize that a lawyer cannot represent both parties in a case. Although quite often if documents are prepared by one spouse’s lawyer, and the other party does not hire a lawyer, the lawyer who drafted the documents is only representing one party. Going through a divorce can be an emotionally and legally difficult process.

This includes money, belongings, real estate, and investments. To get a divorce, one spouse must have lived in Illinois for at least 90 days. Depending on the extent to which your divorce involves the courts, you will likely be able to handle much of your divorce remotely.

Courts will also place a premium on children in the marriage and will make every attempt to keep them in the marital residence, same schools, churches, etc. Illinois is an equitable division state as such, courts will divide property on what they halo infinite foundation all collectibles consider to be fair. It means that the courts will divide property based on a number of factors. Since Illinois is strictly a no-fault state, any marital misconduct is no longer considered a factor when the courts approve a final division.

Most Illinois judges will schedule a hearing in court for both uncontested and contested divorces. The judge might also schedule hearings on any motions you or your spouse file. Also, with a no-fault divorce, you do not have to have your spouse’s consent to end the marriage.

In 2021, though, there is no longer a mandatory separation period. Furthermore, there are no longer fault-based grounds for divorce in Illinois. The only reason you can seek a divorce in Illinois is “irreconcilable differences.” In other words, you and your spouse simply cannot get along anymore, and you wish to terminate your marriage relationship. An uncontested divorce is one where the spouses agree on all divorce-related matters, such as division of property, child custody, and alimony . A contested divorce, on the other hand, is one where the spouses disagree on at least one topic and must ask a court to decide the issues in their divorce. Uncontested divorces are usually faster than contested divorces, but they can still take 6 months or more to be resolved.

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