Schedule a free consultation with just one call. 309-740-7246 888-674-7192
Peoria Family Law Blog
As of January 1, 2016, vital changes to Illinois family law went into effect. Most would agree that these changes were long overdue. The new Marriage and Dissolution of Marriage Act was developed to make family legal issues easier to resolve. The streamlined laws affect many aspects of divorce, including child custody.
The new act features some changes in the language or terminology of child custody. Most notably, the terms "child custody and visitation" are now known as "parental responsibility and allocation of parenting time." However, it is not just the terminology that has undergone revision. Some of the basic structure and procedures associated with child custody have also changed.
In Illinois, the authorities in government have written laws that govern divorce in this state. They are fairly complex and you most likely will need someone to explain what they mean.
The court will ask both of you what age you are, what you do for a living and how long you have lived in Illinois for background purposes. The judge will also need to know when and where you got married. The next question will be whether or not you have a divorce pending in another state. Is this marriage so broken that there can be no reconciliation? This is called an irretrievable breakdown and is the cause of most of the divorces today in Illinois.
Getting a divorce is usually fraught with emotion and over-the-top language. As much as you loved your soon-to-be ex, you feel that he or she has betrayed you somehow or that you have grown apart so much that there can be no reconciliation. At the Borsberry Law Offices, P.C., we offer a full-service family law practice. We have over 20 years of experience in dealing with every type of issue that you can imagine that will come up in a divorce proceeding.
The way that the divorce is handled has a great impact on the outcome and this can affect your future and your children's future as well. Not only are visitation and custody rights being decided, but property and debt division and spousal support may be on the table as well.
When getting a divorce, the needs of the children involved should trump any interests that you or your soon-to-be ex-spouse have. The kids are the ones who suffer the most. They blame themselves and are unsure how to relate to both of you. They don't know what caused the split and may be confused as well. The statutes of the state of Illinois address child support in more than a monetary way.
The judge presiding over your divorce hearing may require you both to attend educational classes that address the effects of divorce on minor children. If the judge decides that this will be beneficial to the children, you can expect to be attending classes as ordered. This doesn't come from either one of you, it has to originate with the court system itself. This is not a therapy session but must be educational for the children and focus on what they are going through.
When you get a divorce, part of that process can include property division. Sometimes, the property needs to be liquidated in order to pay bills and make ends meet. The laws of the state of Illinois have much to say about this and you would be surprised how detailed the subject can get.
For one thing, you can liquidate property that belongs to both of you but you have to notify the court before you do this to ensure that both parties agree. You have to prove that you really need the funds and are not just being vindictive in order to "pay back" your spouse for the divorce or any type of slight that you may have suffered.
Part of getting a divorce that involves children is child support. Who has to pay and how much? Those are the questions that come up. The state of Illinois has joined the rest of the U.S. in adopting a child support code that correctly and accurately calculates the percentage of the payer's paycheck that will be paid monthly to the parent who has custody. For instance, if there is only one child, the amount is 20 percent. With six or more kids, the amount jumps to 50 percent.
The court will examine what the financial resources and needs of the children are. It will also look at the resources of the custodial parent. Perhaps they make a significant amount and the contribution from the paying parent can be reduced. The court will do its best to keep the child at his or her standard of living had the marriage not dissolved. What are the physical and emotional needs of the children?
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.
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.
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?
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.