Tag Archives: McHenry County

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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