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kane county divorce lawyerIf you have ever watched a television show or movie about divorce, you may assume that all divorce cases involve dramatic courtroom showdowns. However, this is a far cry from reality. Most divorce cases settle before they go to trial. Less than five percent of divorce cases actually go to trial. In this blog, we discuss the role of the marital settlement agreement in Illinois.

Settling Divorce Issues Before Going to Trial

Divorce trials are stressful and expensive. In most cases, settling the divorce and avoiding a trial is the better option for everyone involved. (Though there are still some cases in which a trial is necessary). 

A Marital Settlement Agreement (MSA) contains the agreement that the spouses have reached regarding divorce concerns such as asset division, spousal maintenance, the allocation of parental responsibilities, and parenting time.

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b2ap3_thumbnail_shutterstock_1391635862-min.jpgThere is no doubt about it: Divorce can have massive financial implications. For many, getting divorced represents a considerable financial hardship. In Illinois, divorced parents with the majority of the parenting time are typically entitled to child support. Some divorced spouses are also entitled to spousal maintenance or, as it is called in other states, alimony. You may be wondering, “Can a spouse receive both spousal maintenance and child support?”

Understanding Illinois Child Support and Spousal Maintenance Laws

Typically, divorce cases involving parents include a child support order. The amount that a parent pays depends on both parents’ net incomes. In Illinois the Income Shares Model is used to reach a child support payment amount that provides for the child’s needs without bankrupting the paying parent.

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kane county divorce lawyerIf you are like most people getting divorced, you do not want to continue to share a home with your soon-to-be-ex. Some divorcing spouses are able to stay in the same house while the divorce is ongoing, but many couples find this impossible. If your ex has become violent in the past or you fear that he or she will become violent, staying in the marital home together may be outright dangerous. Fortunately, Illinois law offers two legal avenues through which you may be able to get exclusive possession of the marital home in a divorce.

Seeking Exclusive Possession of the Marital Residence in an Illinois Divorce

Divorce can bring out the worst in people. Sometimes, a spouse refuses to move out even though that is what is best for everyone involved. If you have found yourself in this situation, you may be able to temporarily evict your spouse through a court order for “exclusive possession of the marital residence.” However, for the court to grant you exclusive possession of the home, you will need to demonstrate that:

  • The mental or physical wellbeing of you or your spouse is jeopardized by you living together
  • The mental or physical wellbeing of your children is jeopardized by you living together

Illinois courts typically interpret this to mean that a spouse or child is in actual danger of harm. It is important to note that getting exclusive possession of the marital home during the divorce proceedings does not necessarily mean that you will keep the house after the divorce.

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st. charles divorce lawyerIf you are a divorced or unmarried parent who shares custody (now known as Parental Responsibilities) with your ex, you may have questions about moving. Each state handles child custody issues differently. In Illinois, you may need to complete certain steps and get the court’s permission to move if the move counts as a “relocation” under Illinois family law. The county in which you reside and the distance between your current home and future home impact the steps needed to move with your child. Read on to learn the answers to frequently asked questions about parental relocations in Illinois.

What is the Difference Between Moving and Relocating?

The words “move” and “relocation” are sometimes used interchangeably, however, these terms have different meanings under Illinois child custody law. If you live in Cook County, DuPage County, McHenry County, Kane County, Lake County, or Will County, any move further than 25 miles away is considered a relocation. The move is also a relocation if you move out of the State of Illinois, even if it is less than 25 miles. If you live in an Illinois county not listed above, moving more than 50 miles away is considered a relocation.

Do I Have to Get the Court’s Permission to Relocate?

If the intended move counts as a relocation, you must file a notice of relocation and inform your child’s other parent about the move. If the other parent consents to the relocation, he or she signs the notice and you file the notice with the court. The court will make any necessary modifications needed to your parenting time and parental responsibilities orders. However, if the parent does not consent to the relocation and refuses to sign the notice, you will need to get the court’s permission to move.

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kane county divorce lawyerRelationships are infinitely complicated. If you are thinking about ending your marriage, you know just how difficult the decision can be. As you research your options under Illinois divorce law, you may be curious about what happens if a person changes his or her mind about divorce. Can you stop a divorce proceeding once you have filed the divorce paperwork? What happens if you get divorced and you regret it?

You Cannot Undo a Divorce Once the Divorce is Finalized

If you filed a petition for Dissolution of Marriage but the divorce is not yet finalized, you may be able to stop or suspend the proceedings. Once a divorce is complete, there is no way to “undo” the divorce and go back to being married. Divorce terminates a marriage. The only option available to a divorce couple who wants to be married again is to remarry each other. Therefore, you really should be certain of your decision before getting divorced.

Alternatives to Divorce That Protect Your Rights

If you need some space to decide if divorce is right for you but also want to address divorce issues like property division and child custody, you may want to consider a legal separation. When a married couple gets legally separated, they create binding agreements regarding the same issues they would address in a divorce. However, they remain married. If the couple decides to get back together, they can file a motion to vacate the order of separation and resume living as a married couple. If they ultimately decide that divorce is the right step, the decisions they made during the legal separation process may help the divorce process proceed more smoothly. 

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Wheaton, IL 60189
630-549-0960
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree