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
Although divorce in Chicago might have special challenges, hiring a divorce attorney in any city requires an understanding of your personal goals, needs and objectives. Our goal with this article is to empower you as you seek legal counsel by sharing the qualities we feel are important for a divorce attorney to bring to you.
Each person contemplating a divorce has different needs and expectations. The divorce process can be intimidating and frightening.
When deciding upon a divorce attorney, your goal should be to retain someone who:
It is reasonable to expect your divorce attorney to give you personal attention and prompt responses to your inquiries.
Because you want to obtain the best result possible, you should look for someone who is pragmatic and able to creatively problem solve.
It is important that you interview the attorney in person and determine whether you will be working directly with that person or with another attorney from that firm.
It is also important for you to ascertain the attorney’s approach to a divorce case. A personal interview will allow you to decide, at the outset, whether you are comfortable with the attorney’s philosophy.
Some questions you may want answered during the interview process could be:
Does this attorney understand complex financial situations?
What… Continue reading