Child Related Issues
Family Law & Divorce
My Spouse and I are Still Living Together. Does This Mean We Cannot File for Divorce Under Irreconcilable Differences Because We Have Not Lived Separate and Apart?
Under traditional Illinois law, it was required there is a basis or grounds for any divorce. As of January 1, 2016, the state has moved to eliminate what are called "at-fault grounds." It also eliminates any requirement that you and your spouse must to live apart or separate for a certain period of time. At Mirabella, Kincaid, Frederick & Mirabella, LLC our team is here to help explain the differences in the law and how this may affect your situation.
Before 2016, Illinois was a state that accepted filing for both fault grounds and no-fault grounds for divorce. A fault ground could have included if one of the spouses committed adultery, had extreme repeated mental cruelty, physical cruelty, or habitual drunkenness. The law also required that spouses have a period of time where they lived apart or separate. These are dated concepts that couples no longer have to worry about any longer.
This old concept would also typically find one of the spouses “innocent.” Now, either spouse can file for the divorce because no single person is considered at fault for the marriage. With the state now following a no-fault ground policy, it means divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point of dissolution and it can no longer be repaired it may be ended.
If you need any of these newly established laws clarified, please contact us to setup an appointment with a skilled attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our offices are in Wheaton and St. Charles, where we have been assisting clients in family law, divorce, and various other areas for decades. We have clients come from all over DuPage, Kane, and Kendall Counties for legal assistance. Call us at 630-665-7300 for help with your situation today.
The Courts Divide All Property 50/50 in Illinois, Right?
According to Illinois law, the court divides property based on what is equitable and not on an equal or 50/50 basis for a divorce. There are many factors that are considered by the court, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regards to your property being divided following a divorce.
When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court considers examining are the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Cases have ranged in division to fall into 60/40 or 70/30 splits or possibly even all allocation of property going to just one of the spouses. Although it is never always the case, there have been instances where courts came to the conclusion that 50/50 or equal division of property turns out to be what is equitable or fair to both parties.
According to Illinois law, it does not matter what happened to cause the divorce such as "marital misconduct." The courts do not divide property or debts on whether or not your ex-spouse destroyed the relationship at all. In addition, when accessing how much property goes towards each spouse, the court will address if one of the spouses has financial commitments to a previous spouse from a different marriage.
There are a number of other factors that can play into the property division during your divorce. Contact MKFM Law so that you can set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.
What If My Former Spouse Does Not Use the Child Support For Our Children? Can I Demand an Accounting?
If you suspect that your ex-spouse may not be using your child support payments for your children's expenses, there cannot be any request of accounting of your ex-spouse's finances. Unfortunately, you cannot try reveal how the money or where it was spent. For decades, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have helped clients with cases such as these and can explain why laws like this are in place.
According to the Illinois law, when the court determines how much child support you will be paying, the guidelines state that the amount will be the minimum. This means the minimum is calculated based on what is considered adequate care for your children. Included in this care is food, clothing, housing, and any other necessities that may arise.
Since you are only paying the minimum, there is no accounting required by your ex-souse on how every dollar is spent. This is due to the fact that the number one priority of the court is that your children are given adequate care from you and/or your ex-spouse. If you believe you should have your child support payment amount changed for any reason, that is something our attorneys can address with a post-decree modification.
It may be tough to see your ex-spouse seemingly spend money on something not intended for your children. At MKFM Law, our lawyers are here to ensure that your child's rights are protected. If you would like us to explain more about the laws involving your Illinois child support payments, or anything else regarding your divorce, please contact us. Call today at 630-665-7300. With offices located in Wheaton, Illinois, we have helped clients with divorces throughout DuPage, Kane, and Kendall Counties. Set up a consultation with our skilled team as soon as possible.
Do Mothers Always Get Residential or Primary Allocation of Parental Responsibility?
Mothers receiving more parenting time with their children certainly does not always happen. However, it does occur in many cases but is not a guarantee by any means. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help find what allocation of parental responsibilities (formerly known as child custody) arrangement best suits your family.
Oftentimes, in these types of cases, we see that both members of the dissolving marriage come to an agreement. Usually, one of the parties has more parenting time with the children than the other. In some cases decided by the court, a majority or significant amount of parenting time can be awarded to the parent who was the primary caregiver of the children during the course of the marriage. Over the years, that has more so been the mother, but that is entirely on a case-by-case basis.
We have also seen plenty of cases where it was deemed more appropriate for the father to have more parenting time. Another option is that both parents are awarded nearly equal time for parenting with their children. All options have been handled by the team at MKFM Law, and we want to make sure we fight for whatever scenario is not only best for you, but for your child to be given the adequate care they deserve.
At MKFM Law, we believe that an informed client is better able to make effective decisions. That means we take the time to educate you about the legal process. We can answer any questions you may have regarding any family law or divorce matter. For decades we have assisted parents going through divorce in DuPage, Kane, and Kendall Counties. Contact us to set up a consultation by calling 630-665-7300. You can find our office located at 1737 South Naperville Road, Suite 100 in Wheaton, Illinois.
What Does Irreconcilable Differences (I/D) Mean in Illinois?
The definition of irreconcilable differences, or I/D, is when the marriage has broken down to the point where it simply cannot be saved anymore. Why is this important? Under Illinois law, irreconcilable differences is now the only basis for divorce that is acknowledged by the courts. Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in showing the courts that irreconcilable differences have occurred in a marriage so that you may petition for divorce.
In order to show that irreconcilable differences is a valid reason to end your marriage, you must prove that any previous attempts at reconciling have not only failed, but also that any further attempts to do so would not be practical. You may also point out how continuing to attempt reconciliation may not be best for the rest of your family. There are some cases where one of the spouses tries to challenged. However, usually if one person wants the divorce, it will most likely be granted by the court.
There are certain presumptions for couples who have been separated for a certain period of time. Though it is not required by law, if a separation has lasted for at least six months, it shows irrefutable proof that irreconcilable differences have arisen. To be clear, however, there is no current Illinois law stating that the parties have to live separate for any length of time for their divorce or petition for divorce to be given.
If you have any questions or concerns in regards to petitioning for divorce, please feel free to contact our office at MKFM Law. Our decades of divorce and family law experience can help fill in any blanks you may have during this process. If you live in DuPage, Kendall, or Kane Counties, please call us at 630-665-7300. Set up an initial consultation with one of our attorneys today.