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Posted on in Annulments

Kane County divorce attorneysSometimes, marriages do not work out. However, the same dissolution procedure is not always the best for each situation. If you have been married a very short time, you may be able to annul your marriage instead of having it dissolved. Still, it is important to understand when this is appropriate and when you are better off opting for a standard divorce.

Dissolution of Marriage

A divorce is referred to under Illinois law as a dissolution of marriage, and almost any couple can obtain one. Until recently, Illinois offered fault-based grounds for divorce such as bigamy, but the law was amended in 2015 to remove all grounds except for irreconcilable differences—the standard “no-fault” ground for divorce. The law was also changed to eliminate the requirement for a couple to live apart for six months or more before their divorce could be granted.

Kane County child support attorneysMost divorced parents think of child support ending when the child in question turns 18 years old. Usually, this is the case. However, there are several situations in which a court may order more, and one of those is when dealing with college expenses. Illinois law differs somewhat from many other states’ in that while married parents may decline to contribute to their children’s college expenses, unmarried parents may be ordered as part of a divorce agreement to contribute according to their income level.

Non-Minor Support

College expenses such as tuition, room and board, books and the like fall under a legal category Illinois calls non-minor support. It is also possible, but somewhat less common, that the court will hold some living expenses to fall into that category as well—costs such as bus or train passes and medical insurance. The key word in such determinations is “reasonable,” and the court has quite a bit of leeway in that regard.

Kane County child support lawyerMajor revisions have been  made to the way that child support is calculated by courts in Illinois. The Illinois legislature has been wrestling with the way that child support has been calculated in our state for many years, but as of this month, much-needed changes are finally here.

What is New About The Law?

The law, which went into effect on July 1, changes an outdated, static, and unchanging methodology for child support calculations and switches Illinois to an income shares model used by many other states.

Posted on in Divorce

Geneva divorce attorneyThere are many different legal procedures related to parenting time and other divorce issues, which require the input or consent of both spouses. However, this is obviously an issue if both parties cannot be located. In cases such as this, there are times where the judge will press ahead, but most of the time, they will rule that the parent who is present should at least try to contact their absent ex-spouse. Divorce via publication is perhaps the most common way to do so.

Your “Best Faith Effort” Must Come First

When a couple decides to divorce, the spouse who files must serve the other with the papers detailing the filing. If there is a lack of service, the other spouse has the right to contest the filing. In some cases, however, the non-filing spouse might be difficult to locate, especially if he or she has essentially abandoned the family. If this is the case, Illinois courts generally hold that the filing spouse must exert a “best faith effort” to locate the other parent.

Kane County family lawyerPrenuptial agreements have become popular among marrying couples. One of the most-cited reasons for such an agreement—sometimes called a prenup—is that the couple wishes to prepare for the possibility of a divorce, in the event that it occurs.

Reasons for a Prenup

Divorces in Illinois are fairly common. According to the Illinois Department of Public Health, there were about 69,500 marriages and nearly 29,500 divorces in 2013. Given these statistics, a prenuptial agreement between the spouses that details what will happen if a divorce occurs may be prudent.

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