Part I: Miscellaneous Aspects of the Illinois Marriage and Dissolution of Marriage Act

 Posted on March 24, 2015 in Divorce

The Illinois Marriage and Dissolution of Marriage Act is a comprehensive law that covers divorce, legal separation, division of marital assets, child support and other related issues. Some aspects of the law do not fit neatly into a single category, which is why the state legislature lumped those issues into a “Miscellaneous” section. Here are five examples of the resulting hodgepodge:

1. Who gets possession of the family home is often a dispute during divorce proceedings. In fact, either party may file a petition seeking the other party’s temporary eviction while the proceeding is pending. The court will grant the petition if continued occupancy by both parties jeopardizes their (or their children’s) physical or mental well-being. There must generally be an opportunity for a full hearing on the issue.
2. Bigamy is a legitimate ground for annulment or divorce. However, the existence of multiple spouses has financial complications. If you married someone, in good faith, and it turns out that this person was already legally married to someone else, you can still petition for maintenance (alimony). But your alimony rights cannot interfere with the rights of other spouses. That means you might end up with less money than you otherwise would have received absent the bigamy.
3. Families receiving public aid may also be awarded maintenance, child support or both in a divorce judgment. However, the court will require payments to be made directly to the Department of Healthcare and Family Services or the local governmental unit responsible for their support, depending on the type of public aid the family receives.
4. Child support payments are often made through a middleman. In Illinois, the specific middleman often depends on which county the divorce action is filed in. For example, if the county’s population is less than three million, the court may order child support payments to be made to the clerk of the court. If the county’s population is more than three million, the court may order child support payments to be made to the clerk of the court or the Department of Healthcare and Family Services.
5. Divorce, like marriage, is public record. A certificate of dissolution of marriage must be filed with the state Department of Public Health. A declaration of invalidity of marriage (annulment) must also be filed with the department. While the person petitioning for dissolution or annulment must prepare the form, failure to comply with this requirement will not invalidate a judgment of dissolution of marriage or a declaration of invalidity of marriage.

Our experienced Kane County divorce attorneys are well-versed in the divorce laws in Illinois. Contact us today for a consultation. We can assist those in the St. Charles area.