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Joint Simplified Divorce in Cook County

As a skilled attorney, I generally advise against people trying to do their own divorces.  While you might think it is simple, I receive many calls from people who want to undo things from their divorce.  There is a simple way to get divorced in Cook County, but you must meet all of the criteria. This is not the same as a standard uncontested divorce.

What are the Criteria for a Joint Simplified Divorce?

To be eligible for a joint simplified divorce in Cook County you must meet the following criteria (note that this also applies to civil unions):

(a) The duration of the marriage/civil union does not exceed 8 years.

(b) Irreconcilable differences have caused the irretrievable breakdown of the marriage/civil union and the parties
have been separated 6 months or more. Efforts at reconciliation have failed or future attempts at reconciliation
would be impracticable and not in the best interests of the family.

(c) No children were born of the relationship of the parties or adopted by the parties during the marriage/civil
union. Neither party is pregnant by the other party.

(d) Neither party is dependent on the other party for support or each party is willing to waive the right to
support.

(e) Each party waives any right to spousal support.

(f) Neither party has any interest in real estate.

(g) The total fair market value of all marital/civil union property, after deducting all debts owed, is less than
$10,000.

(h) The total annual income of both parties is less than $35,000. Neither party has a gross annual income from all sources in excess of $20,000.

(i) Both parties have disclosed to each other all assets and their tax returns for all years of the marriage/civil union.

(j) The parties have executed a written Agreement dividing all assets in excess of $100 in value and
allocating responsibility for debts and liabilities between themselves. A copy of the Agreement, signed by
both parties, is filed with the petition.

If you do not meet these criteria and you live in Cook County, chances are you need an attorney to help you navigate through the divorce process.

 

 

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Settling Summer (and Extended) Visitation Disputes

It’s that time of year that many divorced people dread — the time when arrangements must be made for summer visitation.  Your Judgment of Dissolution, Marital Settlement Agreement or Joint Parenting Agreement (or an ancillary order) will contain the terms of summer visitation.  Often times it includes a notice provision that the non-residential parent must provide dates and itinerary by a date certain.  Follow the directives of your paperwork.  This will become important if for some reason you have to move forward with litigation. Continue reading “Settling Summer (and Extended) Visitation Disputes”

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Divorce Dirty Tricks

Sometimes a spouse will pretend to be cooperative with the divorce, telling you that they want to work everything out without the involvement of lawyers.  Initially this may seem like a great idea, as you can save money and hopefully move on from the marriage as friends rather than enemies.  What could go wrong in such a scenario?  I will give you several examples that I have encountered in my practice. Continue reading “Divorce Dirty Tricks”

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Other Parent Won’t Return Child. What Should I Do?

The most serious custody emergency occurs when one parent removes the child or children from the state without leave of court.  A common scenario involves an unmarried couple that breaks up.  One party takes the children and leaves the state to start a new life.  The other party may beg for their return to no avail.  What cam be done?

Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA)

A parent whose child is taken out  of state has recourse via the UCCJEA.  Under the UCCJEA, a child has a home state for determination of child custody.

What is a Home State Under The UCCJEA?

Under the Illinois UCCJEA, “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

Important to Act Right Away

If your child has been removed from the state how long should you wait to file something in court?  You should not wait.  You should file your case right away.  Why?  Because the longer you wait, the more likely it is that a different court could assume jurisdiction.  Even if Illinois is the home state, Illinois can essentially agree to give jurisdiction to another state for various reasons, the main one being that the children have been in the new state for such a long time that the new state should decide all issues of custody, visitation and support.

Experience Matters

Not many attorneys have experience with the UCCJEA.  In fact, just recently I became involved in two cases where the first attorney botched a number of steps, resulting in unnecessary legal fees for my clients and no results.  In one instant, the first attorney filed an improper emergency petition, which  was denied.  The client retained me, I filed the proper petition, and now he has an order for the return of his child.  In the second case, my client filed a case in California as soon as his ex left with his child.  Six months after moving the child, his ex filed a case in Illinois without telling the California court that a case had already been filed.  He retained an attorney who gave him bad advice, which significantly delayed his case.  Now his case is on the right track, and his jurisdictional issues have been advanced for a hearing.  If you have a UCCJEA case don’t waste your money on an attorney who doesn’t have a proven track record.

If you are currently involved in an interstate custody battle, or believe you might  be headed for one, you should contact me right away.   You can call me now at 708-466-6912 or contact me online. I often meet clients in the evening and on weekends, and all clients get my personal mobile phone number.  Legal problems don’t take weekends off and neither do I.

I represent clients in Chicago, and elsewhere in Illinois including the counties of Cook, Lake, DuPage, Will, Kane, Kendall, and McHenry. I represent clients in uncontested and contested divorces, and other family law matters including paternity, visitation and child support.

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Who Has to Pay Alimony (Maintenance) in Illinois

What is Alimony?

Alimony is a husband’s or wife’s court-ordered provision for a spouse after separation or divorce.  In Illinois, alimony is known as spousal support or maintenance.

Who Gets Maintenance?

Either spouse can get an award of maintenance.  However, there is no set formula.  The court must consider statutory factors and case law. Continue reading “Who Has to Pay Alimony (Maintenance) in Illinois”