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Getting in divorce in Illinois can be a complicated process, leaving those involved with many questions. If you are curious about divorce in the state, these frequently asked questions about divorce may help you.
Do I Get a Divorce Where I Got Married?
A common misconception about divorce is that you must file for a divorce in the same county or state where you were married. In reality, where you were married does not impact your divorce. To get divorced in Illinois, you or your spouse must have been a resident for at least 90 days prior to filing for divorce.
Who Pays Alimony?
Calculating alimony is a tricky process, and many factors are considered. Alimony is not awarded in every divorce case. Recent changes to the Illinois alimony statute will take effect on January 1, 2015. The revised law will help judges determine whether a spouse should receive alimony according to several factors such as the length of the marriage and each spouse’s needs. This law will also impose a financial calculation to determine how much alimony should be awarded. Divorcing spouses can settle alimony issues out of court, either during mediation or through a settlement.
Who Gets the House?
As with everything in a divorce case, which spouse can access the marital home depends on the facts of the case. Usually, one spouse will leave the home before or during the divorce process. In certain situations, a spouse can ask the court to grant exclusive possession of the home, meaning that the other spouse cannot access the property at all. Following the divorce, the property division agreement or order will dictate which spouse may permanently keep the marital home. In many cases, the home is sold and the proceeds are divided between both parties. Determining what happens to the marital home is complex legal question, and can heavily impact both parties’ finances.
What About the Dog?
Pets are considered personal property in Illinois. All marital property (property acquired during the marriage) is divided according to the standard of equitable distribution. So, during the divorce, your pet will be “split” under these property division rules. Obviously, pet owners value their animals for emotional reasons, rather than monetary value. You may be able to create a better solution with your former spouse during the divorce process, so that you can maintain a close relationship with your pet.
Reputable DuPage Divorce FirmIf you are considering divorce, you likely have many more questions about the process. You should reach out to the experienced DuPage County family law attorneys at Martoccio & Martoccio for help and for answers to any and all of your questions. Our family law attorneys are dedicating to helping you through the divorce so that you can move forward with your future. Contact our firm today to schedule a free consultation, and get your questions answered.