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Irreconcilable Differences: The Only Grounds for Divorce in Illinois

Posted on May 26, 2016 in Divorce
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irreconcilable differences, Wheaton family law attorneyPrior to 2016, there were several reasons that someone could cite in filing for divorce. Adultery, physical abuse, and mental cruelty, among others, were all grounds for divorce. However, after looking at divorce statistics in the state of Illinois over the course of several years, the Illinois legislature found that the vast majority of couples sought divorce on the basis of irreconcilable differences. So, as part of the sweeping changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect earlier this year, irreconcilable differences are now the only permissible grounds for divorce in the state.

Irreconcilable Differences and a Faster Turnaround for Illinois Divorces

As a practical matter, the switch to irreconcilable differences as the sole grounds for divorce has little effect on how divorces are handled. Illinois has long been a “no-fault” divorce state, meaning that even if a wife alleged adultery against her husband, it did not entitle her to more property or spousal support under the law. If anything, only recognizing irreconcilable differences as grounds for divorce now streamlines the process.

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Modifying Parenting Time Orders Under the Theory of Parental Alienation

Posted on May 24, 2016 in Child Custody
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alienation, DuPage County family law attorneyThere are a lot of feelings that come along with divorce. Depending your situation, you may feel relieved or even excited. You might also feel angry or resentful toward your former spouse. All of these feelings are perfectly natural when ending your relationship, and working through them is part of the process of moving on from a relationship.

However, sometimes parents let their negative feelings toward a former spouse affect how they talk about an ex to their children. Depending on the nature of the comments, these statements might amount to parental alienation.

What Is Parental Alienation in Illinois?

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Child Support Depends on More Than Just a Parent's Income

Posted on May 19, 2016 in Child Support
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child support, DuPage County family lawyers Child support in Illinois is one of those concepts that is both very simple and incredibly complicated. That applies to many areas of the law actually, but it is especially true here.

First, the simple part. Under Illinois law, as determined by the court, a supporting parent must pay a percentage of his or her net income to the other parent to assist in meeting the needs of the child. The parents need not have been married for one parent to be ordered to pay child support, though a court may require evidence of the father’s paternity.

Under 750 ILCS 5/505, the payor parent must pay 20 percent of his or her net income in child support. If the payor is paying child support for two children, the amount goes up to 28 percent of net income, and so on. If six or more children are involved, the amount of net income that goes to child support is capped at 50 percent. That is about as straightforward as a law can get.

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The Legal Aspects of Marriage in Illinois

Posted on May 17, 2016 in Divorce
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marriage, Illinois divorce, Wheaton divorce attorneyMarriage represents that wonderful time when you make a commitment to another person to hopefully spend the rest of your lives together. There is a lot to plan with a wedding, like the venue, the food, and the guest list. In the middle of all this planning, it is easy to forget that marriage is actually a legal agreement that changes the rights and obligations that you and your spouse have to each other.

Getting a Marriage License in Illinois

A religious ceremony alone does not give a marriage legal recognition in the state of Illinois. The couple also must go to their local county clerk’s office to apply for a marriage license. To obtain a marriage license, you must show a valid ID, identify your parents, state whether you have previously been married and, if so, how that marriage ended, and state whether you are related to each other and, if so, how.

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How to Divorce a Spouse Who Disappears in Illinois

Posted on May 12, 2016 in Divorce
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divorce, missing spouse, DuPage County divorce lawyerCouples divorce for many reasons. Sometimes those reasons involve infidelity or abuse. Sometimes they fight too much and are no longer able to get along. And occasionally, couples in Illinois get divorced because one spouse just vanishes. He or she just decides the best way to get out of the relationship is to leave the state and not leave behind any contact information. In some cases, one spouse will decide to flee the state to avoid moving forward with the divorce proceedings. Legally, the couple remains married while the other spouse is absent, but if the spouse who remains in Illinois chooses, he or she may proceed with a divorce despite the missing spouse.

Divorce By Publication in Illinois

Typically, divorce papers are served by the county sheriff. This becomes much more difficult if your spouse is unreachable. If your spouse has been absent for a lengthy period of time and you have been unable to reach him or her or otherwise serve notice of divorce proceedings on him or her, a court may grant permission to seek divorce through publication under Illinois law. This requires showing the court that you have made a diligent effort to contact your spouse, including contacting family and friends, employers, and prior landlords. The spouse seeking the divorce will have to sign and submit to the court an affidavit of diligent search that details the steps taken to locate the absent spouse.

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