MLG LAW GROUP-CHICAGO DIVORCE AND CUSTODY LAWYERS

How do I get my divorce case dismissed? If a response has been filed, both spouses must sign the  dismissal  form. Any time before a judge issues a final  divorce  decree, the petitioner may petition the court to withdraw a  divorce  request by filing a motion to  dismiss  without prejudice.

Children of divorce in Illinois spend less time with their father than kids in nearly every other state. A new study released by parental custody software service Custody X Change found dads in Illinois without a criminal past that live nearby only see their children 23.1 percent of the year. The only states where fathers spend less time with their kids are Mississippi (23 percent), Oklahoma (22.4 percent) and Tennessee (21.8 percent). Twenty states, including Florida and Wisconsin, tied for first place with 50 percent of time for fathers. Illinois ranked 47th. The report calculated that Florida’s 50 percent parenting time is equal to about 183 days a year for dad, while California’s 32.8 percent of time is about 120 days year and Tennessee’s 21.8 percent of time is about 80 days a year. Ben Coltrin, president of Custody X Change, said there’s a big difference between Illinois and a state like Missouri that has 50/50 custody laws, where children spend an equa...

I.  Maintenance  (750 ILCS 5/504) As of January 1, 2019, maintenance is no longer tax-deductible to the payor spouse, and no longer includable in the gross income of the recipient spouse. In light of this new federal tax reform, numerous changes were made to Illinois’ maintenance statute effective January 1, 2019, and are summarized below: Maintenance Barred if Award is Not Appropriate  (750 ILCS 5/504(b-1)) Unless the court finds that a maintenance award is appropriate, the court  shall  bar maintenance as to the party seeking maintenance regardless of the length of the marriage at the time the divorce action was commenced. Guideline or Non-guideline Maintenance Awards  (750 ILCS 5/504(b-1)) Only if the court finds that a maintenance award is appropriate, shall the court order guideline maintenance or non-guideline maintenance. However, if the application of guideline maintenance results in a combined maintenance and child support obligation that exc...

Imputing Income Even if you don’t have any income, you could still be responsible for child support. If a court believes a parent is voluntarily unemployed or “underemployed” (working at a lower paying job than qualified for, or working fewer hours than the parent is able to work), the judge will look carefully at the reasons for the lack of income. Unless the parent shows evidence of serious job-hunting efforts or disability, a judge might base support on “imputed” (potential) income. Imputed income can be based on a parent's most recent job or on local job opportunities that the parent would qualify for based on training and experience. If there is no evidence of greater earning ability, a court will probably impute income at minimum wage.

Illinois  is neither a  no - fault  nor a  fault -based  state . Instead, the law contains elements of both. You can get  divorced  if you and your spouse have “irreconcilable differences” and the following statements are true: ... Or, if you both agree to the  divorce , you've been separated for six months.

Emergency Protection Orders In many states, when the police encounter a domestic violence situation, one of the two parties involved in the dispute is required (or requested) to leave the home. Often, this person is the abuser, although the police can be mistaken about who the aggressor is. In about one-third of states, police officers are also  authorized or required to remove guns  when they arrive at the scene of a domestic violence incident. In some states, the police can give the victim an Emergency Protection Order (EPO), which is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence. An EPO is generally for limited period, such as three or seven days, which allows the victim time to request a longer-term protection order. Protection Orders All 50 states and the District of Columbia have statutes for some form of protection order. However, states call this protection order d...

I.  Maintenance  (750 ILCS 5/504) As of January 1, 2019, maintenance is no longer tax-deductible to the payor spouse, and no longer includable in the gross income of the recipient spouse. In light of this new federal tax reform, numerous changes were made to Illinois’ maintenance statute effective January 1, 2019, and are summarized below: Maintenance Barred if Award is Not Appropriate  (750 ILCS 5/504(b-1)) Unless the court finds that a maintenance award is appropriate, the court  shall  bar maintenance as to the party seeking maintenance regardless of the length of the marriage at the time the divorce action was commenced. Guideline or Non-guideline Maintenance Awards  (750 ILCS 5/504(b-1)) Only if the court finds that a maintenance award is appropriate, shall the court order guideline maintenance or non-guideline maintenance. However, if the application of guideline maintenance results in a combined maintenance and child support obligation that exc...