Tag Archives: Cook County

Cook County, DuPage County, enforceable premarital agreement, Illinois family law attorney, Illinois Uniform Premarital Agreement Act, Kane County, Martoccio & Martoccio, premarital agreement, Will CountyA premarital agreement, also known as a prenuptial agreement or prenup, is a contract between a couple that lays out many of the rights of each party in the event of divorce or death. These agreements cannot settle every issue. For instance, child support cannot be waived in a premarital agreement.

However, prenups can resolve many issues, like property division or spousal support rights. Not all premarital agreements are enforceable, however. The parties must respect some formalities and also obey certain substantive rules if they want a court to hold both of them to their agreement.

Formalities 

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veteran divorce lawyerReason 6:  Divorce law varies from county to county within the State of Illinois.

One example of county to county variables in Illinois is maintenance includes the following: Some counties are more favorable to the wife who receives maintenance while others favor husbands who pay maintenance. Likewise, there are no guideline like there is for child support in determining the length of time maintenance is paid by one spouse to another.  In some Illinois counties, such as McHenry County, the divorce judges use the length of the marriage as a rule of thumb formula for how long maintenance is awarded in a divorce case.

Removal cases are yet another example of how divorce law has varied depending the county where the case is heard. Illinois law 750 ILCS 5/609(a) states that a party seeking to remove the minor child (children) or move out of state permanently, must ask for leave of court to remove the child. There have historically been differences between when a Cook County versus a DuPage County court in granting permission to the mother or custody parent to relocate a child's residence to another state. This is known as a "removal case." The circumstances or facts permitting or denying removal have historically varied from one Illinois county to another.  See "Have Kids, Might Travel: The Need for a New Roadmap in Illinois Relocation Cases; Cagle, Lance."

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illinois divorce lawyer

Reason one why you need a divorce lawyer in Illinois: You need to choose the right county to file your divorce case. Do you really want to be litigating with your spouse in Cook County, Illinois? In Cook County, you're contested divorce case may more than 3 years from start to finish.

That's right: Choosing the right county in which to file a divorce is critical to the length of time your divorce case may take. If you anticipate that you will have a lengthy fight with your spouse over custody, a division of assets, or any other major issue, the county where the divorce is filed may be the most important decision you make in the case.

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"My husband and I were divorced in Cook County several years ago. He has since relocated to California. I now live in DuPage County. I want to petition the Court for an increase in child support and back support, do I need to go back to Cook County to present my petition or can I file in DuPage County where I live?"

You are in luck, you have several choices of counties where you can to see file your new petition.

By law (the Illinois Marriage and Dissolution of Marriage Act), if your ex-spouse no longer lives in Illinois and more than 30 days have gone by, you have the right to go to any one of the following Illinois counties:

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You can be charged in Illinois if you fail to pay court ordered child support in Illinois. The Illinois Non-Support Punishment Act, took effect October 1, 1999. Since then, there have been prosecutions.

In Cook County, a father from Schaumburg was convicted for failure to pay about $46,000 in support for his two children. The judge sentenced him to 30 months probation.

Samuel Q. Mack, the father of a 7-year-old son, plead guilty and was sentenced him to a year in prison for being delinquent in support payments for more than a year of totalling $16,425. And upon completion of his state prison sentence, he must pay the back support in monthly payments plus interest until he is paid in full.

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