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Filing for a Divorce in Illinois

If a breakup is in your future, you’re probably wondering where to start when it comes to divorce proceedings. You may also be worried about legalities, how much time it will take, and whether you’re making the right move. 

No one enters into a marriage expecting it to fail. Still, more than 20 percent of first marriages end in divorce within five years, and 48 percent of marriages dissolve by the 20-year mark, according to data from the government’s National Survey of Family Growth.

If you’re contemplating divorce in Illinois, you’ll need to follow certain procedures to start your case. You can file for divorce on your own or with the recommended help of a family law attorney. Here, Masters Law Group outlines the process of divorcing and some helpful information to assist you along the way.

*Each state in America has its own laws regarding terminating a marriage. The following steps will help you get a head start on your divorce proceedings in the state of Illinois.

Getting Started

Asides from contacting your Illinois-based family law attorney, as soon as one or both parties decide that divorce is absolutely the only answer, the first step is filing the paperwork with your local court clerk. The forms you complete may vary from county to county, so it is important that you do some research based on where you live. Wherever you live, however, you will need to file what is called a “petition for dissolution of marriage.” The forms are a bit different if you have children. For example, you will need to file a joint parenting agreement, uniform order of support, and visitation forms if you have children. You can also find other required forms on the Illinois court website.

Historically, the state offered two types of divorce: fault-based and no-fault divorces. Today, irreconcilable differences are the only grounds for divorce in Illinois, meaning Illinois is a no-fault divorce only state.

You must meet certain requirements before you can be granted a divorce in Illinois. These are:

  • Your divorce must be due to “irreconcilable differences;” and
  • You or your spouse must have lived in Illinois for at least 90 days prior to starting your divorce proceedings.

There is a “separate and apart” waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois, this is a period of six months. You can waive this waiting period by written agreement.

Although the law specifically prohibits judges from analyzing fault when dividing property in a divorce, judges may evaluate whether or not one spouse dissipated marital assets during the marriage.

Contested Divorces

A contested divorce happens when both spouses want a divorce but can’t agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

In contested divorces, the judge may order you to go through additional steps like divorce mediation. The mediation can result in an agreed settlement between the parties.

If mediation doesn’t work, your case will go to trial, and the judge will make the final determination on specific issues you and your spouse couldn’t agree on.

Alternative Procedures

If you and your spouse don’t have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a joint and simplified divorce.

You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

  • no spousal support (alimony) will be paid
  • no-fault grounds are used
  • there are no children and the wife is not pregnant
  • you have not been married more than 8 years
  • neither of you have any real property
  • the total equity in your marital property is less than $10,000
  • the combined annual income of you and your spouse is less than $35,000
  • neither of you earn more than $20,000 annually
  • you both disclosed your assets and tax returns for the years you were married, and
  • you and your spouse have a written agreement dividing all of your property in excess of $100 in value, and allocating who will be responsible for each debt owed.

If you don’t meet the requirements for the Simplified procedure, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

Legal Separation

Illinois is one of the states that recognize legal separation. Legal separation does not permanently end the marriage. However, a judge must approve the separation agreement, which defines the spouses’ legal rights and obligations.

For individuals with religious concerns or insurance issues who may be discourage from seeking a formal divorce a legal separation could be the preferred course of action.  With a legal separation, many of the same issues determined in a divorce can be adjudicated, but without the finality of a legal divorce being granted.

This is a good option if you don’t want a divorce but want to live separately and want legal clarification on matters concerning child custody, child support, child custody, and property division.

Civil Union Divorce

Civil unions allow two adults, of either the same or opposite sex, to enter into a legally recognized relationship. Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable lawyer to guide you through every step.

Dissolving a civil union is nearly the same as dissolving a marriage. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

Getting the Help You Need with Masters Law Group

Even a no-fault divorce is a complicated legal process, particularly when children or high assets are involved.

Whether you are facing a contested divorce, uncontested divorce, or a civil union divorce, the experienced attorneys at Masters Law Group are ready to skillfully advocate for your position and provide your voice when you need it most.

Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

If you are seeking answers to questions regarding divorce, separation, child support and other matters, contact Chicago’s premier family law group here today to schedule a consultation.

Masters Law Group Case Review: Hague Convention on Civil Aspects of International Child Abduction.

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty between signatory countries (or “contracting states”) that provides for the prompt return of an abducted child to his or her country of habitual residence. Here, Masters Law Group fought, and won a landmark ruling in favor of our client.

CASE OVERVIEW

The husband filed a petition for the return of his two children, (a two year old and eight-month old) who were taken from their residence in Mexico to Wisconsin, USA by his wife – the mother of the two children – represented by Masters Law Group LLC in the Eastern District of Wisconsin United States District Court where the Law Firm of Conway, Olejniczak & Jerry, S.C. served as local counsel.

This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

The Act entitles a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

CASE DETAILS

In this case, the mother removed the children from where the family was living in Mexico, and took them to Wisconsin.. The father then commenced an action for the return of the children under the Hague Convention. For the reasons that follow, the Court denied the father’s petition.

CASE RESULTS

ICARA AND THE HAGUE CONVENTION Under the ICARA, a petitioner seeking return of a child must establish by a preponderance of the evidence that the child has been wrongfully removed or retained within the meaning of the Convention.

The removal or retention of a child is to be considered wrongful where – (a) it is a breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

But “[b]ecause children, especially those too young or otherwise unable to acclimate, depend on their parents as caregivers,” the Monasky Court noted that “the intentions and circumstances of caregiving parents are relevant considerations.” Id. at 727. Importantly, with respect to children, the Court explained that “an infant’s ‘mere physical presence’ . . . is not a dispositive indicator of an infant’s habitual residence.” Id. at 729. “No single fact, however, is dispositive across all cases.”

Based on the foregoing case details (found here),details the court found that the grave risk exception applied and held that returning the children to Mexico and separating them from their mother would expose them to a grave risk of psychological harm or otherwise place them in an intolerable situation. Case 1:20-cv-01028-WCG Filed 10/16/20 Page 9 of 10 Document 102.

CONCLUSION

In sum, the court found that the father has failed to meet his burden of establishing by a preponderance of the evidence that his children were habitual residents of Mexico. In addition, the court found by clear and convincing evidence that returning the children would subject them to a grave risk of psychological harm or otherwise place them in an intolerable situation.

Accordingly, the retention of the children in the United States was not wrongful within the meaning of the Convention. The petition is therefore denied, and this action is dismissed.

HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.

Erin Masters and Anthony Joseph have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

SCHEDULE A CONSULTATION

If you are faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction in the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.