FAQ ILLINOIS DIVORCE

This following information is intended to provide general answers to commonly asked questions regarding divorce in the State of Illinois. The information provided should not be construed as legal advice and nothing herein should be construed as creating an attorney client relationship. It is highly advised that you meet with an experienced criminal law practitioner AS SOON AS POSSIBLE before making any decision that may affect your rights.


“CAN I REPRESENT MYSELF?”

Yes, but life is complicated. If you end up in divorce court and represent yourself, you are expected to know and follow all of the local rules, Supreme Court Rules, and other procedural rules, as well as know the law, as well as the facts of your case. Failure to do so could cause you to lose your case or be required to start over. Even a lawyer going through a divorce should have an attorney helping him or her. A local judge once said it best when he commented, “Sure, you can perform brain surgery on yourself too, but it is going to hurt a whole heck of a lot and you are going to make a big mess.”

An experienced family law practitioner who will properly represent you will save you time, money and headaches and ensure that your rights are fully represented. This is not merely a self-serving sales pitch. It is the best piece of legal advice you will ever receive. We offer free initial consultations on divorce and all family law matters. If you would like to personally meet with an experienced family law practitioner, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.


“How Can I Get a Divorce?”

A divorce or “dissolution of marriage” in the State of Illinois case is not unlike any other lawsuit. The process begins with one party filing a Petition for Dissolution of Marriage, which is generally served on the other party through a variety of means. After the other party is served, the other party has a certain number of days to file an answer or they can be defaulted. Ultimately, if grounds are proven, and through either agreement or a judge deciding issues, such as custody, child support, visitation, and property division, a Judgment for Dissolution of Marriage is entered with the court and the divorce is generally final.

If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.



“How Long Does it Take to Get Divorced?”

If all paperwork is done properly and both parties agree on all issues, depending on court time, in some circumstances a divorce can be obtained in couple of days. If there are children involved, it is required that both parties attend a Children’s First class before the court will grant a divorce.

The speed in which a divorce is resolved depends primarily on the issues involved and how much the parties argue... With the number of all legal cases handled by county courthouses, obtaining court time has becoming increasingly difficult. You may have to wait months to have court time, with the court sometimes requiring pre-trials, case management conferences, status hearings, and other hearings prior to hearing evidence on disputed issues.

Our firm strives to provide you the best result possible on your case as quickly, efficiently, and amicably as possible. If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.



“Where Should I File For Divorce?”

A party may file a Petition for Dissolution of Marriage in any county in the State of Illinois as long as one of them resides in that county. One or both of the parties must live in the county where the case is filed.

Our firm has represented clients in Illinois counties from as far north as Chicago and as far south at Marion. When given a choice of counties to file in, we recommend doing so for efficiency and the convenience of all parties involved. If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.


“How Long Do I Need to Live in Illinois to Obtain a Divorce?”

One of the parties must have resided in the State of Illinois for at least 90 days prior to the court granting a divorce in Illinois. In order for an Illinois court to make a custody decision involving the child of the parties, Illinois must be the home state of the child for at least six months.

Jurisdictional issues are complex legal issues. Cases involving parties of different states are special circumstances that require proper analysis. If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.


“What Grounds Do I Need to Prove to Get A Divorce in Illinois?”

One cannot simply obtain a divorce because they want one. The most commonly used grounds for divorce is extreme and repeated mental cruelty. Other grounds include impotency, bigamy, adultery, desertion, habitual drunkenness, addictive drug usage, attempted murder of the spouse, physical cruelty, felony conviction, or the fact that the spouse infected the other with a sexually transmitted disease as a basis for the grounds for divorce.

In order for the court to enter divorce upon “no-fault grounds” or “irreconcilable differences,” there must be an irretrievable breakdown of the marriage and the parties must generally have lived separate and apart for more than 2 years. If the parties agree they can waive the two year requirement and have a no fault divorce entered if they have lived separate and apart for six months.

If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.

“What is an Annulment?”

A divorce dissolves a marital relationship between a husband and wife. An annulment or declaration of invalidity of marriage is a legal determination that the marriage was never legally effectuated and in theory never happened. It should not be confused with an annulment granted by a church, which has no legal enforcement. To legally annul a marriage one of the following must be proven by a court of competent jurisdiction: (1) that one of the parties lacked consent to the marriage at the time because of either mental incapacity, drugs or other incapacitating substances; (2) that a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of the marriage; (3) that a party lacks the physical capacity to consummate the marriage and the other party did not know of that incapacity at the time of the marriage; (4) that a party was age 16 or 17 and did not have proper consent or judicial approval; and (5) that the marriage was a prohibited marriage.

Annulments are rare in Illinois and a spouse does not have a right to an annulment if the requirements are not met. In certain situations an annulment may not be preferable over a divorce. If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.



“What is a Separation?”

The term “separation” is often confused. If married parties are not living together and are living separate, this does not constitute a legal separation. Further, if parties are going through a divorce, they are not required to live separately during the process, although in some situations it can be extremely stressful on the family. A legal separation is a court order providing for the reasonable support and maintenance of one party while they live apart.

There are situations where a legal separation is preferable to a divorce. If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.

“Is Divorce ‘Messy’ or ‘Dirty?’”

It can be, but it is not necessary and not preferable. With dissolution of marriage courts are called upon to assist parties who cannot decide to make provisions for custody, child support, visitation, and division of property. For custody decisions, courts are not to consider conduct of a proposed custodian that does not affect custody of the children. For property decisions, courts are to divide marital property equitably without regard to marital misconduct. Therefore, courts generally do not want to hear “dirty laundry” and do not care about it. With very few exceptions, misconduct generally does not affect a divorce at all. Focusing on the misconduct of one party tends to delay proceedings, cause unnecessary acrimony, cause the expending of needless attorney’s fees and can have a bad impact on the case.

If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.


How is Property Distributed as Part of the Divorce?

Property is generally “marital” or “non-marital” property. Property that was acquired during the marriage is generally considered marital property. Marital property is equitably divided between the parties. Equitably does not always mean equally.

Property acquired by a party prior to the marriage, property acquired through gift or inheritance, or property received as a gift during the marriage is generally on-marital property that is awarded to that spouse.

There are numerous statutory and common law exceptions to these concepts. If you have further questions on this, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.

ATTORNEY’S FEES: WHO SHOULD PAY THEM?

CHILD CUSTODY: SHOULD I LEAVE THE HOUSE?

VISITATION: SHOULD IT BE SUPERVISED?

CHILD SUPPORT: IS THE AMOUNT BEING PAID CORRECT

ORDERS OF PROTECTION: WHAT DO I DO NOW?

TAX EXEMPTIONS: WHO GETS TO CLAIM THE CHILD ON TAXES?

DAYCARE AND EXTRA-CURRICULAR COSTS: WHO PAYS FOR THIS?

MAINTENANCE: WHEN DOES IT END?

If you have further questions on any these other issues, please contact Joseph M. Borsberry at the Borsberry Law Offices, P.C., as soon as possible at (309) 637-9000.