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November 2014 Archives

State laws for dividing monetary assets during divorce

In Illinois, certain laws apply when dividing pensions and other types of monetary assets during a divorce. The laws only apply to marital property, which are the things a couple acquires during the course of their marriage. Non-marital property does not have to be divided. Non-marital property might be something received by one spouse as a gift or inheritance. A couple may also agree that some property won't be divided during their divorce.

Illinois annulment grounds and time limits

In Illinois, some people are able to have their marriages declared invalid if they meet specific statutory grounds for this procedure and if it is sought within the statutory deadlines. Not every marriage can be ended in this manner, however. For many people, the only option is getting a divorce.

The best interest of a child in a custody dispute

When parents are going through a divorce in Illinois, disagreements over child custody issues can result in a trial in which the court decides what arrangement is in the child's best interest. Under state law, the court always assumes that the maximum involvement of each parent is in the best interest of the child. This assumption will not apply, however, if there is evidence of ongoing domestic violence or abuse by either of the parents.

Illinois alimony calculations

Previously, it was difficult to predict whether a court would grant an alimony request in a divorce case or how much alimony a person could expect to receive or be ordered to pay. The Illinois legislature changed that recently by instituting statutory guidelines for courts to use in determining both alimony award amounts as well as the duration of payments based on the relative incomes of the parties and the length of the marriage. it will go into effect at the start of 2015.

Can grandparents petition for visitation in Illinois?

Often, during a divorce or other type of custody dispute, grandparents can see their time with their grandchildren diminished. It's also common for grandparents to fight for visitation when one or both parents are either unwilling or unable to care for the grandchildren. Grandparents sometimes assume that they have no legal recourse, but that's not necessarily the case. Grandparents can file a petition for visitation rights. However, the situation in question must meet certain criteria for the court to consider the petition.

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