The attorneys of Buffalo Grove Law Offices in Arlington Heights, Illinois, help clients throughout the state deal with complex divorce and family law issues. Review the divorce FAQs to learn more about Illinois divorce issues, or contact our lawyers directly to arrange a consultation.
Do I Have To Prove That My Spouse Is At Fault?
The courts do not favor grounds for which fault must be proved. The process of proving fault grounds can be very emotionally devastating to one or both parties, expensive, and can consume a lot of the court’s time. Attorneys use fault grounds more and more infrequently in both contested and uncontested matters.
In order to focus attention on the children-related issues of support, custody, and visitation, and property-related issues, grounds of irreconcilable differences or “no fault” are used more and more. The use of grounds other than “no fault” does remain important for the initial Petition for Dissolution of Marriage when you believe that your spouse will not agree to a waiver of the two-year period of separation. If the “no fault” grounds are not available to you, then you do need other grounds for a divorce to be granted.
How Do I Prove Adultery?
Proving adultery is something that is not welcomed heartily by the court. Unfortunately, the process of proving adultery may be long and drawn out. The court would rather spend the time on custody, visitation, support, asset valuation, debt allocation and other issues that are more vital to the resolution of the case. Adultery is something that requires specific and detailed evidence to be shown to the court. There is a move afoot right now to abolish the basis of adultery as a ground for divorce, and to have “no fault” as the only ground necessary to obtain a divorce.
Do I Really Need To Hire An Attorney?
The answer is a simple “Yes”. The divorce process can be very emotional and drawn out. If you have ever heard the old adage, “The person who represents him or herself has a fool for a client’, then you have considered the downside to representing yourself. Although you may feel that it will save you money (otherwise paid to an attorney who represents you) in you represent yourself, it may cost you more in the long run. There is always the issue of proper procedure, methods, experience in the court and with other lawyers.
Do I Have To Go To Court Or Can This Be Handled Out Of Court?
Perhaps neither of the parties will ever have to appear in court until the resolution of the case. On that date, or prove-up date, the party who filed the case originally has to appear to testify about the details of the divorce agreement. Prior to this time, the parties will not have to appear in court unless there is an issue which requires their presence in court. For example, if you need to have the court help with determination of child support, both parties may need to appear for a hearing on that subject.
If issues are contested, you will definitely need to appear in court when necessary. Typically, once the case is filed, the first court date may not be for a number of months. During that time, the parties are likely exchanging information about the issues relevant to the case. After a few months, the judge wants to hear from the attorneys about the status of the case, and if things are moving along. After this “status date”, the court will typically have the case set on the docket every month until it is resolved by agreement or trial.
PLENARY GUARDIAN HAS STANDING TO SEEK PERMISSION FROM COURT TO FILE DIVORCE PETITION FOR WARD
The Illinois Supreme Court held that a guardian has the authority to seek permission from the court to file a dissolution petition on behalf of the ward if such petition is found to be in the ward’s best interests. This overrules the long-standing case of In re Marriage of Drews, 115 Ill.2d 201 (1986) which held that a plenary guardian lacks standing to institute dissolution of marriage proceedings on behalf of the ward. In re Marriage of Karbin, 2012 IL 112815 (October 4, 2012).
Please visit the Family Law Articles page of this website to read the article, “Yes, You Have Two Husbands.”
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