10 Reasons Why You Need a Veteran Divorce Lawyer in Illinois: Part 2

 Posted on May 03, 2014 in Family Law

Reason two: Divorce law in Illinois has time limits. Some of the time limits are absolute and some are flexible.

For example, time limits that are absolute. To appeal to the Illinois Appellate Court what you believe is a wrongful final Illinois divorce (Judgment of Dissolution of Marriage), you must file a Notice of Appeal within 30 days.

Another example is that if your husband or wife works for an Illinois city or village, county or the State of Illinois itself . Your spouse's pension must be divided by a special court order called a qualified Illinois domestic relations order or "QILDRO" and that spouse must sign a consent in order to divide the pension.

If the spouse dies before the order is signed you may lose your share of the pension despite the fact that the Judgment for Dissolution of Marriage provides that you receive your one half share.

Therefore, the time limit for the entry of the QILDRO should be at the same time the Judgment for Dissolution of Marriage is entered by the Illinois Divorce Court to avoid this catastrophic problem. Examples of different pension plans that require a Qualified Illinois Domestic Relations Order include municipal employees, Illinois teachers' pensions, and employees that work for the municipal water reclamation district.

Our attorneys at Martoccio & Martoccio are highly skilled at helping you plan your divorce in advance and determine what is best for you, not only in what time limits are absolute in divorce and what are flexible, but many other strategies where your thoughtful choice many affect other important issues that arise in the process of divorce.

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