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St. Charles Dissolution of Marriage AttorneyFor those who have never been divorced, the divorce process can seem daunting and confusing. How do I file for divorce? What happens if my spouse serves me divorce papers? Can I refuse to sign the divorce petition? These are just some of the many questions that people seeking a divorce in Kane County, Illinois may ask.

Read on to learn about the process of filing for divorce, responding to the divorce petition, and addressing divorce issues in Illinois.

The Divorce Petition Initiates the Divorce

The first official step in the divorce process is filing the divorce petition or "Petition for Dissolution of Marriage," as it is called in Illinois. Either spouse may file for divorce. Illinois is currently a no-fault divorce state so there is no need to list the specific reasons for seeking a divorce. The only ground for divorce in Illinois is irreconcilable differences.

St. Charles Child Support LawyerChild support is an important form of financial assistance for parents in Illinois. Payments are based on both parents’ net income, and often paid on a monthly basis. The parent with the majority of parenting time, formerly called the custodial parent, receives child support from the parent with less parenting time.  If the parents each have at least 40 percent of the parenting time, the child support obligation is reduced accordingly.

Usually, child support ends when a child turns 18 and graduates high school or graduates from college. However, what happens if a child is emancipated?

Emancipation of a Child in Illinois

The Emancipation of Minors Act was passed in 1980. It allows individuals to become either partially or fully independent from their parents. Emancipation automatically occurs when a child turns 18 and becomes an adult. However, a special emancipation order can expedite the process and allow a 16 or 17-year-old to be emancipated. To become emancipated, teenagers must show that they are mature enough to handle their own affairs. They must also demonstrate that they have already been living partially or completely separate from their parents or guardians.

St. Charles Divorce LawyerDivorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.

Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.

Motion for Exclusive Possession of the Marital Home

Living with your spouse during the divorce process can be impractical and even harmful. However, some spouses refuse to move out even if they know it is best for everyone involved. If you are getting divorced and your spouse refuses to leave your shared home, you may be able to file a motion for temporary exclusive possession of the marital residence.

Kane County Child Support LawyerChild support used to be calculated solely based on the obligor’s net income and the number of children being supported. For example, a parent supporting one child paid 20 percent of his or her income in child support and a parent with two children put 28 percent of his or her income toward child support. However, Illinois has since modernized the child support calculation method to include the income of the both parents.

Typically, a parent’s actual income is used to calculate child support. However, there are situations in which the court may use a parent’s “imputed income” to determine the child support obligation.

What is Imputed Income?

The majority of child support orders are calculated using the parents’ actual income. The amount that a parent pays is based on his or her share of the parents’ combined income. If one parent makes $30,000 a year and the other parent makes $70,000 a year, the parents have an annual combined income of $100,000. The parent who makes $30,000 would be responsible for 30 percent of the basic support obligation. However, if the court feels that a parent is intentionally earning less than he or she is capable of earning, the court may use the parent’s imputed income instead of his or her actual income.

How Does Sole Custody Work in 2022?

Posted on in Family Law

Kane County Parenting Time LawyerAs you may already know, Illinois laws are frequently updated and modified. Some of the biggest changes to Illinois divorce and family law took place in 2016. The language used to describe child custody matters was just the start of the changes. Legislators also modernized the way courts handled child custody and divorce issues, prioritizing the involvement of both parents in a child's life.

If you are getting divorced or are unmarred and share a child with an ex, you may have questions about how to get sole custody. How does sole custody work? Can a father get sole custody? Are mothers granted sole custody by default? These are complicated questions, and the answers vary case by case. The best way to get advice specific to your situation is to work with a skilled family law attorney. Read on to learn more about how Illinois law currently handles custody matters.  

Sole Custody Versus Joint Custody in Illinois

In 2022, the terms "sole custody" and "joint custody" are only used informally. The law does not describe custody in these terms any longer. Instead, the law breaks down custody into two main components:

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