IF I MOVE AWAY FROM THE MARITAL RESIDENCE, IS THAT ABANDONMENT?

Abandonment is a term often used by clients in Illinois, however, it is not correctly understood by most.  If a party moves out of the marital residence, it will not necessarily be viewed negatively by the court.  Again, abandonment is not a legal term used by the court.  Instead, the only way it will be used against a party in a divorce proceeding is if the party moving out of the residence was providing necessary financial support to the other party and/or the children of the couple, and he or she fails to do so after vacating the residence, leaving the other party unable to pay required bills or expenses.  In this instance, the court may enter an order that the vacating party continue to provide support to the other party. 

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FINANCIAL DISCLOSURE

After the initial pleadings have been filed in a divorce case, each party will have to complete a financial disclosure statement, which has a different name in each county.  The purpose of this form is for each party to disclose their income, expenses, assets, and liabilities to the opposing party so each party will have full knowledge entering negotiations or trial.  These disclosures are signed under oath and under penalty of perjury to ensure accuracy and completeness.  Contact one of our divorce attorneys for more information.

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WHAT HAPPENS IF MY SPOUSE DOESN'T PAY SUPPORT/MAINTENANCE?

When a spouse defaults on court mandated payments, you should file a petition in the court for Rule to Show Cause.  Your spouse will then have to appear in court to explain why he/she has not been making payments.  If the spouse simply doesn't have the money to make the payments, the court will generally try to set up a schedule where they will pay as mush as they can, and the remainder will accrue in an account that will have to paid off in the future.  If the spouse has the money, but is willfully withholding payments, then it can be much more severe.  The court can impose penalties as they see fit, including holding that spouse in contempt of court.  For more information, you can contact a divorce attorney with our firm at the link below.

http://www.westmontattorneys.com/Divorce-Child-Support/

ILLINOIS MANDATED MEDIATION

When two parties cannot come to an agreement on an issue during a divorce case, state law mandates that the parties must attend mediation before the court can hold a hearing on the issue.  The mediator is typically a neutral third-party divorce attorney who will help facilitate negotiations.  The mediator has not power to issue a ruling on the issue, however, they can report on the mediation proceedings to the court.  Both parties should make a good-faith effort to resolve the issues during mediation because of the cost, time, and unpredictability of a court hearing.

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WILL I HAVE TO ATTEND COURT DURING MY DIVORCE CASE?

Typically, you will need to make at least one, and likely a couple court appearances during your divorce case.  If there are any hearings or a trial scheduled, you will need to be present at these times in order to testify and offer any relevant evidence.  At the very minimum, you will usually have to attend the prove-up date, which is where the settlement agreement or decree is approved by the court.  You will not need to attend the vast majority of the other court dates as long as you have an attorney representing you and he/she appears on your behalf.

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SHOULD I CHANGE THE BENEFICIARIES OF MY LIFE INSURANCE TO MY CHILDREN AFTER A DIVORCE?

This is a topic that is addressed in almost all divorce decrees.  The court wants to make sure the party or parties earning wages have life insurance to protect the children in case of an untimely death.  Generally, the divorce decree will state that the children of the couple must be the beneficiaries of the policy, and the surviving parent will be named as custodian of the policy if the children are under age.  Sometimes, a party can name a different relative as custodian, such as a sibling or parent, but generally the decree will require the surviving parent to serve in such position.  There is also usually a minimum amount of insurance coverage stated in the decree.

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IF A MARRIAGE IS NOT REGISTERED, CAN A COUPLE OBTAIN A DIVORCE?

Occasionally, clients who were married in a private religious ceremony or in a other country come to our office asking for a divorce without ever having registered their marriage in the state or applicable county.  The easy answer is that the courts views are if a couple was never married in their records, a divorce cannot be granted.  However, many times there are still issues that may need to be addressed by the court such as child support and custody, asset/liability division, etc.  To learn more about this unique situation, please feel free to contact one of our experienced family law attorneys.

http://www.westmontattorneys.com/Divorce-Child-Support/