Looking for affordable legal help, but unsure where to begin? Scroll down to find information on the matrimonial cases we can find you legal help with – written in plain language.
Ending a Marriage or Civil Union
What does this mean?
Who can do this?
Changing a Settlement Agreement
What does this mean?
Who can do this?
Getting Legally Separated
What does this mean?
Who can do this?
Annulling a Marriage or Civil Union
What does this mean?
Who can do this?
Definitions
Divorce (Dissolution of Marriage)
What Does it Mean?A dissolution of marriage, more commonly known as a divorce, is the process through which two spouses exit a legal marriage.How Does it Work?In order to get a divorce in Illinois, both spouses must have been living separately for at least six (6) months. The spouses will have to show to a judge that they have irreconcilable differ
Temporary maintenance (alimony) refers to payments made to your spouse or partner while the two of you are getting or currently are legally separated, OR are in the process of getting a divorce or dissolving your civil union.
Temporary custody is a temporary allocation of parental responsibilities (custody) to you, your spouse or partner, or both. This temporary allocation can only be made while the two of you are legally separated, and/or are currently in the process of divorcing or dissolving your civil union.If temporary custody is ordered, one parent will become the
Temporary child support refers to a type of child support payment to be made to your spouse or partner while the two of you are legally separated, and/or are currently in the process of dissolving your marriage (divorce) or dissolving your civil union.Generally speaking, a spouse or partner will only be ordered to pay temporary child support if bot
Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim
A retroactive annulment is a type of declaration of the invalidity (annulment) of a marriage or civil union. If ordered, it that would mean that, under the eyes of the law, the marriage or civil union never existed.With a retroactive annulment, the court may not necessarily have the authority to order the payment of child support, the allocation of
A Qualified (Illinois) Domestic Relations Order (QDRO) is a court order issued during a divorce, dissolution of civil union, or legal separation case. QDROs decide how a couple's retirement savings will be divided among each other after they separate. If a couple does not have any retirement savings, a QDRO will not be ordered.
A prove-up is the final hearing of a dissolution of marriage (divorce) or dissolution of civil union case. The hearing is typically conducted with a hearing officer, who guides both parties through the process of settling on the final terms of their (marital) settlement agreement. Prove-up hearing will only take place if the parties are ready to
Property divisions refers to the process through which marital property or civil union property is distributed among both spouses or partners during a dissolution of marriage (divorce) or dissolution of civil union case.Dividing assets contained in a couple's shared retirement account requires a Qualified Domestic Relations Order (QDRO).Property di
A prohibited marriage is a marriage between two types of persons that is not allowed by the state of Illinois, and can therefore be declared invalid (annulled)The following marriages are considered legally prohibited:a marriage that took place before another marriage was dissolved (divorced)a marriage between siblings, half-siblings, or adopted sib
A prohibited civil union is a civil union between two partners that is not allowed by the state of Illinois, and can therefore be declared invalid (annulled)The following civil unions are considered legally prohibited:a civil union that took place before another civil union or marriage was dissolveda civil union between siblings, half-siblings, or
A non-retroactive annulment is a type of declaration of the invalidity (annulment) of a marriage or civil union, which means that the original marriage or civil union is considered valid UP TO the date of the annulment. This means that the court has the authority to order the payment of child support, the allocation of parental responsibilities (cu
If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
Certain aspects of a (martial) settlement agreement may be modified, but ONLY IF it can be shown to a judge that doing so is in the best interests of both parties and/or their children.A substantial change in one's financial circumstances, such as a change in employment status or the added presence of a mental or physical disability, may warrant a
A marriage license is both the first step towards getting legally married in Illinois, as well as a document that confirms the legal marriage between two persons. In order to get married, you and your partner must first apply for a marriage license together at an approved location BEFORE solemnizing the marriage, which requires the following: pre
Martial property refers to all proprety, including debts (marital debt) and other financial commitments, that is acquired by either spouse that is legally married AFTER the effective date of the marriage. This date can be found on your marriage license. The following is NOT considered to be marital property: gifts or inheritances any property acqu
Maintenance (alimony) refers to a financial contribution to your spouse or partner while or after you have gotten a divorce, dissolution of civil union, or legally separated.Like other child support payments, maintenance will become past-due maintenance if the paying ex fails to make payments on time.The amount an ex is ordered to pay in maintenanc
Legal separation is the process through which a judge orders that two spouses in a marriage or two partners in a civil union are required to live separately from one another. However, this DOES NOT mean the two spouses or partners have divorced or have had their civil union dissolved.When two people are legally separated, one or both parties may re
If both you and your spouse or partner are in agreement to get a divorce or dissolve a civil union, a joint petition for simplified dissolution is the fastest way to dissolve the marriage or civil union in Illinois.You may be able to file for a joint petition for simplified dissolution if ALL of the following conditions are met:You and your spouse/
Interim attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed periodically throughout the duration of a legal separation, dissolution of marriage (divorce), or dissolution of civil union case. An award of interim attorney's fees may be based on, but is not limited to the followi
A declaration of invalidity of a marriage or civil union, otherwise known as annulment, is the process through which a marriage or civil union is legally declared null and void. By annulling a marriage or civil union, both spouses or partners will no longer be considered to be in that marriage or civil union. A marriage or civil union can only b
A counter-petition is a petition that can be filed by the respondent to a dissolution of marriage (divorce) or dissolution of civil union case. Counter-petitions may be filed in order to either express a desire to preserve the marriage or union, or to allow the respondent to otherwise express their desired outcome from the divorce or dissolution o
Conciliation refers to actions taken by a judge or the other party to a dissolution of marriage (divorce) or dissolution of civil union case to repair the damages of the marriage or civil union. If a judge believes there exists the potential for reconciliation, they may order that both parties take part in a conciliation conference to determine if
Attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed throughout the duration of dissolution of marriage (divorce) or dissolution of civil union case. As part of a (marital) settlement agreement, one party may be ordered to pay attorney's fees for their ex-spouse or ex-partner. Thi
The process of getting a divorce will likely involve many hearings in court and the issuing of many different court orders. Some of the court orders or "judgements" made throughout a divorce case can be appealed or changed (modify) depending on the situation. Examples of court orders and judgements that can be appealed or modified may include:
A (marital) settlement agreement is a legally-binding court order made between two spouses when getting a divorce or two partners when dissolving a civil union. Settlement agreement can order one or both parties to make certain payments to the other, or to divide certain assets, including: alimony payments child support payments for minor children
