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(Marital) Settlement Agreement
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
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:
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
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
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
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
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
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/
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
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
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
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
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 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
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.
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
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
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 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.
This article explains the requirements for a couple living in Illinois to file a petition for joint simplified divorce. This divorce petition makes it quick and easy for spouses to get a divorce, but is only available to those that meet specific requirements.Note that all information in this article applies equally to both married couples and
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