A brief comparison of Legal Separation and Divorce:. The status of a putative spouse is eliminated by the knowledge of the fact that she is not legally married, and no further acquisition of spousal rights is permitted. If there is a legal spouse, or another putative spouse, the rights acquired by the putative spouse do not supersede the rights of the legal spouse, or other putative spouse. The court will apportion property, maintenance and support rights as appropriate in the interests of justice. If a marriage is valid in the state in which it was entered, it will be valid here, unless the marriage was intended to circumvent Illinois law.
Under the Illinois Marriage and Dissolution of Marriage Act, a person who meets certain requirements can cause the marriage to be dissolved. There is only no-fault grounds of irreconcilable differences between the parties. In addition, under certain circumstances parties wishing to divorce can take advantage of the joint simplified dissolution procedure. The parties have lived separate and apart for six months and there is an irrebuttable presumption that the requirement has been met.
A dissolution proceeding is commenced by filing a petition for dissolution of marriage or a praecipe for a summons that can also be used as grounds for an involuntary dismissal if a Petition for Dissolution or a Petition of Legal Separation is filed subsequently in another county.
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In addition, if parental responsibility is an issue, additional information regarding the children must be pled in accordance with Illinois Supreme Court Rule a - d :. Parties to a Dissolution of Marriage may file for temporary relief. The parties must file the statewide financial affidavit support by documentary evidence.
It allows the court to hold a hearing regarding why there is a disparity between the sworn affidavits and supporting documentation. The court SHALL assess penalties and sanctions for intentional or reckless filing of an inaccurate or misleading financial affidavit.
Common types of temporary relief include:. Temporary relief may help cover the costs of discovery or a parental responsibility evaluation, among other things. Generally, the court must have personal jurisdiction over the respondent to order most forms of temporary relief. However, much of this provision was held unconstitutional by the Illinois Supreme Court in Messenger v. Edgar, Ill. Once the summons and petition or praecipe is served, or once the respondent files her appearance, a dissolution action stay is in effect against both parties and their agents until a judgment is entered, the case is dismissed , or further order of court.
The dissolution action stay prohibits the following actions by either party:. The court has the discretion to order temporary or permanent maintenance to either spouse without regard to marital misconduct in an amount that takes into account some factors including the following:. To determine how much support to order, courts now use a specific formula. Courts generally award permanent maintenance only in long-term, at least 20 years marriages, where other statutory factors favor it.
In shorter marriages, maintenance is usually temporary, either rehabilitative or reviewable. Many divorces do not result in an order for maintenance. Maintenance is taxable to the receiver, and may be deducted from the income of the payor. Compare this to child support, which is taxable to the payor, and not to the receiver. Any award for maintenance or for unallocated support should take into account the tax consequences for the parties, which may be substantial.
The obligation to pay maintenance terminates on the date of remarriage or date cohabitation began. This requires recipient to notify payor 30 days prior to remarriage or within 72 hours of remarriage. Types of modifications: The court may extend maintenance for further review, extend maintenance for a fixed non-modifiable term, extend maintenance for an indefinite time, or permanently terminate maintenance b Procedure - Illinois Judgment : Begin a modification action in the judicial district where such judgment was entered with notice or summons to the non-moving party.
Typically, an order for maintenance is enforced by filing a Petition for Rule to Show Cause. The Petitioner must clearly state the provisions of the court order or orders that the alleged contemnor is accused of failing to follow, and must attach a copy of the court order to his or her Petition for Rule. Once a divorce action is filed, the parties' marital property becomes their marital estate. All property acquired during the marriage, not otherwise described by Section a as non-marital property, is marital property. Generally, non-marital property is not subject to distribution in a dissolution proceeding.
Nevertheless, non-marital property may be considered by the court in the following situations among others:. Debts from the marriage are subject to equitable division. Third-party creditors are not bound by the judgment and may still pursue either spouse. Courts are generally reluctant to allow a party to remain indefinitely in the marital home without the remaining party refinancing the debt. Interest acquired in pensions or other retirement accounts by either spouse when contributions to such accounts are made during the marriage are presumed to be marital property.
Retirement accounts are generally either defined benefit usually a promise to pay a certain amount per month, and the employer bears the investment risks, or defined contribution usually an investment account with the risk born by the employee. Not every retirement account can be allocated by the court. If retirement assets are an issue in a case, the parties and their counsel will do well to research and subpoena , if necessary, information regarding the assets early in the case, and to seek outside expertise as needed.
Generally, the party who is the non-employee spouse is responsible for having the QDRO or other retirement order drafted. If either party anticipates filing for bankruptcy, both should file jointly before filing for dissolution.
Illinois Divorce | Dads Divorce
Otherwise, one party could file post-decree and leave the other responsible for marital debts. Maintenance and support are not dischargeable in bankruptcy. The court may order either or both parents owing a duty of support to a child to pay an amount reasonable and necessary for support. However, the court will not apply the DHFS guidelines if it makes a finding that application of the guidelines would be inappropriate after considering the best interests of the child in light of evidence that includes, but is not limited to, a number of stated factors:.
DHFS sets the Income Shares child support guidelines and provides resources to aid in performing the child support calculations. The Income Shares child support guidelines structure the child support calculations around the following:. The DHFS has created worksheets that provide clear steps for calculating child support obligations using its guidelines:. The first step in determining adjusted net income is to calculate the gross income of each parent. However, gross income does not include:. If the non-custodial parent does not have a W-2 job, income may be proved by showing deposits into a bank account or accounts, or a certain style of living.
The second step in determining adjusted net income is to calculate net income by subtracting either the standardized tax amount or the individualized tax amount from gross income. These tax amounts are defined in the statute as follows:.
Illinois Divorce – Residency Requirements
The final step in determining adjusted net income is to deduct from net income certain child support and spousal support obligations. If a parent is legally responsible for support of children not shared with the other parent in the present proceeding and not subject to the present proceeding, net income will be reduced by:. If a parent is legally responsible for spousal support to the other parent in the present proceeding, net income will be reduced by such spousal support.
The child primarily lives with P1. The third step in computing basic child support obligation is to locate the combined adjusted net income amount in the Income Shares Schedule Based on Net Income. Based on the number of children, this amount will correspond with a necessary child support obligation amount in the table. The final step in computing basic child support obligation is to multiply the percentage share of adjusted net income calculated in the second step by the basic child support obligation identified in the third step. If the child is covered under a health insurance plan, the total insurance premium attributable to that child is added to the basic child support obligation.
If this amount is not available or cannot be verified, the total cost of the premium shall be divided by the total number of persons covered by the policy to determine the per person cost. If the child is not covered under a health insurance plan, the court may order one or both parents to provide health care coverage at any time it becomes available at a reasonable cost.
If health care coverage is not available at a reasonable cost, the court may order the parent with primary physical responsibility for the child to apply for public health care coverage. In any event, the costs associated with court-directed health care coverage will be added to the basic child support obligation. In either case, the amount of health care coverage added to the basic child support obligation shall be divided between the parents in proportion to their adjusted gross income.
Domicile and It’s Importance in Divorce Cases
If the obligee is paying the premium, no further adjustment is necessary. If both parents exercise at least overnights per year with the child, a different calculation is used. The basic support obligation from above remains the same. The total costs for providing for the child are assigned to each parent according to their proportionate contribution to the combined adjusted net income. That amount is then multiplied by the percentage of time the other parent spends with the child. If you move to Ohio and attempt to file for divorce and handle custody matters three months later, the court will reject your case because Michigan still has the authority to rule on your custody matters.
Skip to Main Content. By Melissa Heinig , Attorney. Learn more about your state's residency and domicile requirements before you file for divorce. Residency Reasoning and Definition The law requires courts to have jurisdiction—or, legal authority—over any case it handles.
How Do I Prove Domicile? Get Professional Help. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. My spouse and I were married in Indiana and I still live here, but my spouse has moved to a different state. Can we get a divorce in Indiana?
Do I have to file for divorce where I live?
You can file for a divorce in Indiana as long as you have lived in Indiana for at least 6 months. As long as your spouse lived in Indiana sometime during your marriage, the Indiana court will be able to grant the divorce and divide the marital property and debts. I had lived in Indiana for a year when I filed my divorce, but now I have moved to Ohio.
Can I finish my divorce in Indiana? If you move out of Indiana after you file the divorce, the Indiana court can still finalize the divorce. As long as you or your spouse have lived in Indiana for at least 6 months at the time you file the divorce, it does not matter if you or your spouse move after the divorce was filed.
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Residence & Domicile Requirements in Divorce
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