MENTALLY DISABLED NOW ALLOWED TO FILE FOR DIVORCE

Thanks to a recent Supreme Court ruling, mentally disabled individuals are now allowed to file for divorce in Illinois.  Prior to this ruling, neither the individual could file for divorce nor any guardian representing the individual.  The court ruled that a general ban is no longer ideal, and instead, the court will review each filing on a case-by-case basis, and will consider the best interests of the mentally disabled individual.

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POSSIBLE OVERHAUL TO ILLINOIS DIVORCE LAWS

For those of you that are somewhat familiar with divorce law, you are probably aware of the Illinois Marriage and Dissolution of Marriage Act of 1977.  This is the major legislation that not only covers divorce in Illinois, but all of the supplemental issues involved as well.  Well, it may be getting a major overhaul soon.  The Illinois Family Law Study Committee is proposing the changes, and if approved, it could significantly transform the way cases are currently handled in the areas of child custody, maintenance, child support, and other related matters.  For a consultation on your case, please contact out experienced divorce attorneys.

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IS IT TRUE MY SPOUSE AND I HAVE TO LIVE APART BEFORE FILING FOR DIVORCE?

According to Illinois statute, couple obtaining a divorce on the grounds of irreconcilable differences must live separate and apart for at least two years prior to finalizing the divorce.  However, like a lot requirements in family law, this period can be waived by the parties if both spouses would like to proceed with the divorce without living apart.  Contact one of our divorce attorneys today to see how you can avoid this requirement.

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DIVORCES BECOMING MORE COMPLICATED WITH SOCIAL MEDIA

Divorces can be very complicated or very simple.  Enter social media.  Twitter, Facebook, and other social media outlets have made several divorces more complicated recently because of the information being provided in a very public forum.  For example, many soon to be divorced individuals may begin posting pictures of new "friends" in their life, which can anger the opposing party in the divorce causing a longer and more costly case.  Or the individual may post pictures or tweet about some new purchases or vacations which can further complicate the financial situation between the parties.  Or even worse, some people will comment on social media about how their divorce is progressing and may even give away valuable details about the case to the other side.  From an experienced divorce attorney, "try to cease using social media as much as possible when going through a divorce.  It can't help and can only hurt the process resulting in larger legal fees and more headaches for both parties..."

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STATE ARREARAGE ACCOUNT BALANCE COMMONLY INCORRECT

If you have been behind on child support and an arrearage account has been established, be sure to verify the accuracy of the account.  It is far too common for arrearage balances to be inaccurate, causing headaches and problems for both parties.  If you believe there has been a mistake made with your account or your balance looks incorrect, contact one of our family law attorney so we can order an Account Adjustment Review to ensure its accuracy.

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TYPES OF MAINTENANCE (ALIMONY) IN ILLINOIS

In Illinois, there are several different types of maintenance that can be paid to former spouses.  Even while a divorce case is ongoing, a judge can order that one party pay temporary maintenance to support the other party until the case is completed.  Typically, once a judgment is entered, the judge order that permanent maintenance will be awarded, meaning that one party will continue to pay the opposing party a monthly sum to assist the payee with the living expenses they will incur.  This maintenance is typically reviewable after a few years where the courts will re-evaluate the situation to determine if maintenance is still appropriate.  A party could also receive rehabilitative maintenance, which is awarded when one spouse needs some time to become financial independent, such as to complete schooling or training for a new career.  Finally, maintenance can be awarded as either a lump-sum or through monthl payments, with the latter being more common among Illinois divorces.

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IS ILLINOIS A NO-FAULT DIVORCE STATE?

Generally speaking, Illinois is a no-fault divorce state meaning that it is not necessary or advantageous for one party to show wrongdoing by the opposing party.  However, there are some exceptions as provided by statute.  For example, in order to qualify for fault, a party must show the opposing party committed adultery or bigamy, engaged in mental or physical cruelty, deserted the party for over one year, experienced impotence, or demonstrated habitual alcohol or drug abuse for two years or more.  With all that being stated, over 90% of divorce cases filed in Illinois are no-fault divorces.  To learn more about your options and have your divorce questions answered, please contact one of our divorce attorneys today to schedule a free consultation.

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