Blog

Category Archives: Kane

kane county divorce lawyerMarriages start out with high hopes and good intentions, but people are unpredictable, and some problems cannot be foreseen. Many people have heard the term “annulment” and believe it is an easy alternative to divorce for ending a marriage that recently took place, but this is not so.

From a legal perspective, in Illinois, an “annulment” is legally referred to as a “declaration of invalidity of marriage.” For the sake of brevity, we will refer to a declaration of invalidity of marriage as an annulment as we explore the difference between a divorce and an annulment and when one may be more appropriate than the other. 

When Can a Marriage Be Declared Invalid?

An annulment is a court order that says a marriage is not and never was valid and should therefore not be considered legal by the state. A divorce, by comparison, is a court-ordered ending to a valid marriage. 

...
Continue reading

st. charles divorce lawyerThe spouse who files for divorce in Illinois gets to choose the location – or the “venue” – of the divorce. This means that, by filing in a particular county’s circuit court, he or she decides where the divorce will take place. However, if your spouse has decided to file for divorce in a certain venue and you do not want the divorce to be handled there, you actually have the right to contest their choice of venue. 

Venue vs. Jurisdiction

In order to understand why a divorce can move to a different court during a divorce case, it is important to distinguish between “venue” and “jurisdiction.” Occasionally, people will use these terms interchangeably, but they are not the same. Venue refers to the county court in which the case is heard. As stated earlier, divorce in Illinois is handled by the circuit court of the county in which the divorce is filed. The standard choice of venue is a circuit court in the county in which one or both spouses live. Jurisdiction refers to the authority of a court to hear a case. Illinois law allows jurisdiction by all county circuit courts over all divorce cases, no matter where the spouses live – if at least one spouse still lives in Illinois. 

Why Object to a Venue? 

There are a number of reasons that one spouse may object to the other spouse’s choice of venue. The spouse who files for divorce will choose a venue that is convenient for them – either because it is close by, because they know people and have influence in that county, or because they believe the court has a reputation for making certain kinds of decisions in similar cases. Any of these reasons can give the other spouse a good reason to file for divorce. So, if you fear your spouse has influential friends in the county in which they filed, or if the county is so far away that appearing in court would be difficult for you, you can object to the venue. Similarly, if your spouse’s chosen venue has a real or perceived reputation of making decisions that would negatively affect your preferred outcome in your divorce case, you can object to the venue. Any objection must be done before anything else, and in response to the original filing – once the case begins, the venue generally will not be allowed to change. 

...
Continue reading

st. charles divorce lawyerWhen a couple knows the marriage is over, divorce is inevitable. However, before couples can divorce, Illinois law requires them to meet a legal standard that shows they have irreconcilable differences, that past attempts at fixing the marriage have failed, and that future attempts would fail as well. 

Couples can still live together, file for divorce in Illinois, and finalize the divorce on the same day - as long as there isn’t any objection from either party. But if one party does object, or denies there are irreconcilable differences, a six-month separation period is considered proof by the court that there are irreconcilable differences and that the marriage has broken down. 

In this article, we’ll explore what it means to live separate and apart, and how couples who wish to do it can establish the six-month separation period. 

...
Continue reading

kane county divorce lawyerFinancial problems are consistently ranked as one of the top causes of divorce. Arguments over credit card debt, disagreements about how to spend money, and allegations of financial infidelity may all hasten the speed at which a marriage breaks down. If your spouse has a history of lying about money, you may understandably be concerned about how this deception may impact your divorce. In order for property division, child support, and spousal maintenance determinations to be fair, each spouse must disclose complete and accurate financial information. Unfortunately, this is harder said than done when a spouse lies about income or assets during divorce.

Illinois Law Guarantees Your Right to a Fair Divorce Settlement

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), each spouse has a right to an equitable portion of property contained in the marital estate. This may include businesses, vehicles, real estate, bank account funds, insurance policies, investments, retirement accounts, and other property acquired during the marriage. However, some spouses fail to report income or hide assets during divorce to avoid splitting the value of an asset or to sway property division agreements in their favor.

The amount that a divorcing spouse pays in spousal support or child support is also based on the financial circumstances of each spouse. Therefore, financial deception can have a significant impact on the outcome of a divorce case – especially high net worth divorce cases.  

...
Continue reading

kane county child custody lawyerIllinois has reworked the way that the state deals with child related matters related to divorce. The terms child custody and visitation have been replaced by “parental responsibilities” and “parenting time.” However, many people continue to use the term “child custody” informally. Divorced or unmarried parents create a “parenting plan” that describes the allocation of parenting time and parental responsibilities as well as other child-related concerns and submit it to the court for approval. However, circumstances change, and sometimes parents need to modify their parenting plan.

Changing a Child Custody Order Before Two Years Have Passed  

In any child-related legal matter, the court’s priority is always the child’s wellbeing. Illinois courts make all child custody decisions based on what is in the child’s best interests. Because change is often hard on children, courts typically avoid changing parental responsibilities within two years of establishing or modifying the custody arrangement.

If it has been less than two years since you created your parenting plan or modified the plan, the court will grant you a modification if you can show that the modification is necessary to protect the child’s safety. The court will only allow you to change the allocation of parental responsibilities if the child’s current living environment endangers his or her physical safety, emotional or mental health, or moral wellbeing.

...
Continue reading

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*
*

Recent Blog Posts

Archives

1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
Evening and weekend hours by appointment.

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.

Make a Payment
© 2021 Mirabella, Kincaid, Frederick & Mirabella, LLC | 250 W. River Drive, Unit 2A, St. Charles, IL 60174 | 630-549-0960
Take me to top
OVC, INC
Contact Us
Contact Us

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