Answers to Questions about Divorce in Illinois

 Posted on September 09, 2014 in Alimony / Maintenance

Divorce is a contentious and complicated affair. There are so many factors to consider, from determining who gets the marital residence to the mechanics of making child support payments. While families are likely aware of the more “common” aspects of divorce such as asset division and child custody, they might be unaware of other aspects. The following includes answers to four questions about divorce that you might not know:

The Marital Residence – It is typical for divorcing couples to live separately while the divorce is pending. Problems arise, however, if neither spouse wants to vacate the marital residence. While the question of who gets what will be decided during the divorce proceeding, the court can also temporarily evict one spouse from the marital residence – if certain conditions are met. One party must file a petition seeking the temporary eviction, which will only be granted if the continued occupancy of both spouses will jeopardize the physical or mental well-being of either spouse or of their children. There will usually be a hearing and due notice. Also, remember that this is a temporary arrangement until the disposition of the marital property has been settled.

Families on Public Assistance – Under Illinois law, maintenance and/or child support payments made to families on public assistance must be paid directly to the Department of Children and Family Services or to the family’s local government (the entity will depend on the family’s individual circumstances). If the family is taken off of public assistance, the responsible governmental unit may give notice that the maintenance and/or child support should now be paid directly to the family.

Filing Fact of Divorce with the Department of Public Health – Once a marriage has been dissolved or declared invalid, a certificate must be filed with the state’s Department of Public Health. The spouse who files for divorce or invalidity must fill out the proper paperwork and present it to the court before it enters the final order. The clerk of the court will complete the form and forward it to the Department within 45 days after the close of the month in which the divorce is finalized.

Divorce Due to Bigamy – It is against the law to be married to more than one person at a time. But what if you married your spouse in good faith and did not know that he or she was already married? You might still be entitled to maintenance payments post-divorce, but your rights cannot supersede the rights of the original spouse (i.e., the person he or she married before you).

Divorce, like a relationship in general, is unique to the involved parties. Your divorce might proceed differently than your neighbor’s or your friend’s divorce. That is normal and nothing to be anxious about. If you have questions about divorce, contact an experienced Kane County divorce attorney who understands the process and the aspects that will specifically affect you. Give us a call today for a consultation. We can assist those in the St. Charles area.