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Peoria Family Law Blog

How do I file for a legal separation and a divorce in Illinois?

Getting a divorce in Illinois isn't necessarily difficult but there are rules and regulations that cover the different aspects of getting a separation agreement in this state. Some of them are no brainers, however, some of them really need research and probably a professional who deals with this type of legal action.

One of the first rules is that one of you must be a resident of the state of Illinois for at least 90 days prior to filing the legal documents. This includes military people. Being careful about this rule is paramount because it can cause you to have to re-file for divorce.

Laws are in place to ensure child support payments are made

Did you know that the Supreme Court of Illinois has a say in your child support issues? They do, and the issue comes to a head when you and your spouse become compliant or non-compliant with the federal law within the state. Every year, on April 1, the Supreme Court has to file a report that has a synopsis of the effectiveness of the actions of the court in all counties of the state.

For the year that we are in currently, the court and the department has to establish a demonstration program in one or more counties. This program is to see how well the Expedited Child Support System is doing. Of course, if there is no funding to take care of this study, it cannot be done.

Getting great representation in a divorce is necessary

Have you made the difficult decision to get a divorce? Perhaps your spouse suddenly decided to end the relationship you thought would last forever.? It can be difficult and there are many questions and situations that need to be dealt with. Having the Borsberry Law Offices, P.C., on your side can give you a peace of mind and a feeling of well being. We have years of experience in representing mothers and fathers, married individuals and those that are unmarried as well. Handling a divorce on your own is not recommended. Having someone on your side who knows the laws of the state of Illinois and can represent your side of things can help protect your rights.

The outcome of divorce proceedings can affect your life in a big way. Your finances and parenting could be decided by a disinterested judge. With so much at stake, can you really afford to take a chance that you may have to leave your future in the hands of someone who doesn't have a vested interest is seeing you do well?

What is the plan in Illinois for child support?

Child support is often a subject that comes up in a divorce. In Illinois, the support that is paid to the parent who has physical custody is outlined in statutes. In 1991, the authorities established the guidelines that we follow today. Everyone is to follow these rules and use them no matter how many children are involved.

The plan that was created was originally implemented by the Illinois Supreme Court. Each county had to submit a plan of action that was approved by the Supreme Court. The rules and program that were set up are to support those who are getting separated and have children who will need to receive support. Of course, it goes without saying that the best interests of the child are paramount to you and to the people who are putting this program and these rules in place.

At-fault divorce in Illinois a choice for you to make

There are laws and statutes that govern divorce in Illinois. At Borsberry Law Offices, P.C., we understand these laws and can translate this knowledge to your situation. We have almost 20 years of experience in handling divorces of all sorts. We know the issues that will come up and are ready and willing to help.

Did you know that there are specifics that the law attaches to the reason for a divorce? You can have a no-fault divorce but there are also at-fault divorces. One of the reasons is that one of you is naturally impotent. Another reason is adultery. If one of you has been unfaithful, and the person who is filing for divorce can prove it, the divorce can be an at-fault separation.

Child custody can be sole or joint in Illinois

The Uniform Child Custody Act is something that many states, including Illinois, have adopted and are using as their own code. It is meant to minimize child custody infighting. The outcome of child custody is usually much calmer, allowing for joint custody and even giving grandparents visitation rights. There are two types of custody that Illinois recognizes: physical custody and legal custody.

Legal custody allows the parent who has it to make life decisions for the child. Decisions could include religious training, education decisions, medical issues and how the child will be brought up in general. Physical custody refers to with which parent the child will live. There can be sole custody, which means only one parent has physical custody. It could be joint custody which means that both parents share time with the child. Joint custody also can mean that both parents share the decision-making for the child.

How can I get custody of my kids in a divorce situation?

When you are in the middle of a divorce, probably the biggest worry is for the well-being of children involved. You are ending what was supposed to be a lifelong commitment and your children are confused and hurt; they may even think this divorce is their fault. Nothing could be further from the truth. You want the best for your kids and so does the state of Illinois. The state has several statutes that deal directly with child custody.

Chapter 40 deals with custody issues. It is called the Uniform Child-Custody Jurisdiction and Enforcement Act. It specifies that the court system has jurisdiction to enforce law that deals with children and custody in a divorce situation. A parent must file a petition for dissolving the marriage or for the custody of any children that are a part of this marriage. It must be filed in the county in which the person filing is a resident.

Property division needs careful attention

When a divorce is imminent, property division will surely come into play. Knowing what Illinois law says about this is essential. Also important is having legal representation that is not afraid to get you what is rightly yours. At Borsberry Law Offices, P.C. in Peoria, Illinois, we have your best interests in mind. We follow the letter of the law when it comes to property division and we will guide you fully through this process.

Property division usually means you and your soon-to-be ex-spouse have property and assets that need to be divided up. Along with your debt, these will be carefully considered by the court. If you came into the marriage with property or have received an inheritance, you don't have to share these with your spouse when getting a divorce. They remain fully yours.

How does getting a divorce work in Illinois?

Have you had the thought of getting a divorce because you spouse may have cheated on you? If you think that you will be offered a chance to bring your two-timing spouse to court to testify you may have the wrong idea about divorce in most places, specifically in Illinois.

Illinois is considered a "no fault" divorce state. This means that, even though one spouse may have committed the unpardonable sin of infidelity, your chance to embarrass him or her may not happen in the court of law. The no fault divorce offered by this state streamlines the process of divorcing and it eliminates the need to have evidence presented that supports you or your spouse's reason for seeking a separation of this type.

The authorities and your rights in child custody

Getting the authorities involved in a child custody case is not always a good idea. If you are a parent and someone has called the Illinois Department of Children and Family Services on you, you need to do some basic research and ask questions to determine what your rights are under the law.

You need to have an attorney, first off. Advising your attorney and informing him or her that the authorities at DCFS have been called in is important. Anything that you tell the investigator or the police in this case can be used against you, so don't answer any questions unless your lawyer is there with you advising you.

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