Are you considering filing for a divorce in Champaign, Illinois? Here are 8 divorce tips that that may help you plan and file for your divorce.
1) In order to file for divorce, one spouse must live in Illinois for at least 90 days.
2) If both spouses cannot come to a settlement on their own; then a judge will determine how assets, property, and debt will be divided. Both parties will need to sign the settlement agreement.
3) The factors that the court will utilize to determine the division of property will include, but is not limited to, the amount of investment each party contributed towards a property (including the contribution as a homemaker), the distributed value of the property to each spouse, length of the marriage, etc. Furthermore, the court will also evaluate the financial situation of each spouse, any obligations from a prior marriage, custody of children, and future opportunities of acquiring capital assets and income.
4) If both parties cannot agree on spousal maintenance, the judge will order support from one spouse to the other. Certain factors will be considered when determining the amount of alimony such as income and assets of both spouses, needs, and earning capacity. In addition, the judge will consider if the ability to earn an income was impaired by marital sacrifices, the time it may take to find employment, the standard of living while married, length of the marriage, age, health, and what the spouse (who is seeking maintenance) has contributed to the education or career potential of their spouse.
5) For allocation of parental responsibilities, the court will consider the parents’ wishes as well as those of the children, the children’s relationship with parents, siblings, how children will adjust to home, school, the community, and everyone’s mental and physical health. The court will also evaluate physical abuse and violence, episodes of repeated abuse, and the relationship that both parents will cultivate between the other parent and the children.
6) Using the income shares formula, the court can order child support regardless of marital misconduct or fault. The court may have to consider the standard of living the children would have had if the marriage had stayed intact, financial resources, needs of the children, and the physical, emotional, and educational needs of the children while considering the financial resources, needs, and obligations of both parents.
7) Illinois state reserves the right to suspend or revoke a driver’s license if the court-ordered child support payments are not made.
8) The court may order the child support payments to be made directly to the court or to the support disbursement unit.
If you need assistance filing for divorce in Champaign, Illinois, contact Rincker Law today at (217) 531-2179 for a confidential consultation.