Divorces involving complex assets can take longer to process through the legal system. Your divorce attorney can help insure you are able to pay for your living expenses and meet your financial obligations, during the pendency of the case, by asking the courts to award temporary support.
Section 501 of the Illinois Marriage and Dissolution of Marriage Act allows a court to award a spouse temporary support while the case is pending. The court sets an amount that is to be paid each month for maintenance or child support or both. This is a short term remedy and is not the final amount awarded at the end of the case.
In order to obtain temporary support, the spouse must file a Petition for Temporary Support. The Petition must allege that the party seeking support is without sufficient income or assets to meet the needs of that party and/or the children. The Petition must also allege that the opposing spouse has the income and ability to pay support. The Petition for Temporary is accompanied by an affidavit which details the categories and amounts of living expenses.
Each county in the State of Illinois requires all divorce litigants to prepare an affidavit of expenses in some form. In Cook County, the form is called “Disclosure Statement Pursuant to Rule 13.3.1(B)” (form #CCDR 0604) and can be found on the Clerk of the Circuit Court of Cook County website, Court Forms, Divorce Division. In Lake County, the form is called “Financial Affidavit… Continue reading
A frequently asked question is whether, while a divorce is pending, one spouse can force the other spouse to move out of the marital residence. There are two separate statutes which grant the court the authority to order the removal of a spouse during the divorce, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101) and the Illinois Domestic Violence Act (750 ILCS 60/101).
Section 701 of the Illinois Marriage and Dissolution of Marriage Act allows a “temporary eviction” of a spouse during the divorce proceeding if “the physical or mental well being of either spouse or their children is jeopardized by the occupancy of both spouses.” The degree of proof is greater than that of the Domestic Violence Act.
Exclusive possession of the marital residence may be obtained more easily under the Domestic Violence Act. Under the Domestic Violence Act, a spouse must prove abuse or harassment, and that it is less of a hardship for the other spouse to relocate to another residence. An action under the Domestic Violence Act may be brought as either an independent action or as part of a pending divorce case.
During the pendency of most divorce cases, the atmosphere in the marital residence is tense and stressful for all parties. This is an insufficient basis under both statutes to require the removal of a spouse. Also, under both statutes, a spouse’s being required to move does not affect title to the real estate or who, at the end of the… Continue reading
In Illinois, a court has jurisdiction to grant a divorce if one of the parties: (a) was an Illinois resident at the commencement of the case and (b) the residence has been maintained for 90 days prior to the commencement of the case or 90 days prior to the making of a finding of residence.
The question of residency arises when a person has resided in Illinois for only a short period of time prior to filing the divorce action. The primary factor in determining residency is a person’s intent to make Illinois his or her permanent residence. A party’s intent is determined by their actions. For example, the address on a driver’s license; or the name on utility bills; or a voter’s registration card; or the name and address on a bank account within the state. The factors vary in each case.
A person’s residence and domicile may or may not be the same. A domicile is where someone lives, versus a residence, which is a person’s intent to live in Illinois as a permanent home.
When seeking a divorce attorney in the Chicago area, take time to interview them and insure they are the right match for your needs. If your situation involves complex assets, it is even more important that your divorce attorney is experienced with higher end financial situations.
Read our “Qualities to look for in your divorce attorney” article to learn more.