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| WEBSITE OF THE LAW OFFICE OF ANGELA LUND-LOGAN |
GENERAL INFORMATION
In Illinois divorce is governed by the Illinois Marriage and Dissolution of
Marriage Act (IMDMA). Chapter 750 of the Illinois Compiled Statutes contains
the statutes pertaining to families. The IMDMA is contained in Act 5 of Chapter
750 and is further divided into eight Parts with each containing multiple
Sections. This act views divorce as a dissolution of a partnership or similar
business entity and thus calls divorce "dissolution of marriage."
DIVORCE REQUIREMENTS. A person must meet the following minimum
requirements before he/she can file for divorce:
Jurisdiction. A person must reside in the state of Illinois for 90 days before
filing for divorce.
Venue. The divorce must be filed in the county where either the Husband or the
Wife resides.
Pleading. A spouse must prepare and file a document requesting the divorce.
This document is commonly called the divorce petition but is formally known as
the Petition for Dissolution of Marriage. The IMDMA dictates the specific
information that must be contained in the petition. Failure to properly include all
required information may result in the petition being dismissed (thrown out of
court).
Grounds. Illinois requires that grounds for divorce be proven before a divorce
can be granted. The petition must contain the grounds under which the spouse
is filing for divorce. The IMDMA lists multiple grounds under which the divorce
can be granted in Section 401.
Irreconcilable Difference. The most common ground for divorce is called
Irreconcilable differences. Section 401(b) requires that the parties have "lived
separate and apart for a continuous period in excess of 2 years" unless
affidavits are provided waiving the two year period if the parties have "lived
separate and apart for a continuous period of not less than 6 months."
Other grounds. Section 401(a) lists numerous grounds for divorce. These
include: adultery; impotency; spouse had a living spouse at the time;
desertion/abandonment; habitual drunkenness; gross and confirmed habits
caused by addictive drugs; spouse has attempted the life of the other spouse;
extreme and repeated physical or mental cruelty; conviction of a felony or other
infamous crime; and transmission of one spouse to the other of a sexual
transmitted disease. Each of these grounds has its own time period
requirements.
Filing. Once the spouse has prepared the Petition for Dissolution of Marriage,
the petition must be filed at a courthouse to begin the divorce process. Once
again venue dictates which courthouses would be acceptable under the IMDMA.
The Clerk of the Circuit Clerk in every county determines the cost for filing a
divorce petition. A spouse must either pay the fee or file a paupers petition
stating that the spouse meets the requirements of poverty and a judge orders
the fee to be waived.
Service. The spouse filing the divorce must "serve" the other spouse with a
copy of the divorce paperwork unless the spouse files his/her own appearance.
Service of process, as it is properly called, is dictated by the Illinois Supreme
Court rules and the Code of Civil Procedure. Generally the sheriff in the county
in which the divorce is filed is authorized to "serve" the petition upon the spouse.
A private process server can also be used for the service of process.
DIVORCE PROCEDURE. Divorce procedure differs vastly from county to
county and minutely from judge to judge within each county. A divorce officially
begins when one spouse files the Petition for Dissolution of Marriage. Then the
other spouse is served with the petition and the spouse who is served must file
a response with the Circuit Clerk and pay the fee to participate in the divorce.
Uncontested. If the divorce is fully agreed upon, the parties can immediately
proceed to a hearing to finalize the divorce. The parties must prove the
minimum requirements listed above (jurisdiction, venue, grounds). The parties
must present the proper documents to the court detailing the parties agreement
on financial issues and children, if applicable, and provide the presiding judge
with a judgment to sign. The parties must also fill out the Certificate of
Dissolution at the time the divorce is finalized.
Contested. If every aspect of the divorce is not agreed to, then the parties must
utilize the court system to resolve the contested issues. The exact procedures
necessary to resolve these issues depends on the presiding judge and the
county in which the divorce is taking place. Eventually the divorce will be
finalized and a judgment entered. The length of time involved to resolve the
divorce will vary depending on the number of contested issues, the attorneys
representing the couple, the number of cases on the court's docket, etc.
CHILDREN. If children were born during or adopted during a marriage, then
custody must be determined along with the exact times each parent has the
child/chidlren and the financial obligations of each parent. The Illinois Supreme
Court Rules set forth the specific rules for divorces with children including the
requirement of a one-time class, time constraints, and the exact procedure to
determine custody. In addition to these rules, statutory guidelines exist to
determine temporary issues (while the divorce is pending) and permanent
issues of divorcing couples with children. Financial expenses of the couple's
children must be determined which can include child support, health insurance,
medical expenses not covered by health insurance, daycare, extracurricular
activities, life insurance policies, and educational expenses ranging from
registration fees to tuition for private schooling or college. The application of the
rules and statutes vary from county to county and judge to judge within each
county.
DISCOVERY. The term given to the process through which the assets, debts,
earnings, and property of the Wife and the Husband are determined is called
discovery. Both the Husband and the Wife must fully and honestly disclose all
information necessary to resolve the divorce either by agreement or by ruling of
the Court. The process can be though voluntary disclosure, called informal
discovery, or through formal discovery methods. The use of formal discovery
generally increases the length and cost of the divorce.
COURT APPEARANCES. At least one court appearance is required to obtain a
divorce in Illinois. If the divorce is not completely agreed upon, more than one
court appearance will be required. The presence of the divorcing couple is
required in court unless an attorney has been hired for each spouse. An
attorney should let the client know whether the client must be present at each
court date. Some judges require the presence of the divorcing couple in court
for certain types of court dates.
DIVORCE ORDERS. When the divorce is completed (finalized), the order
granting the divorce is called a Judgment. The terms of the divorce are set
forth in the Marital Settlement Agreement, detailing all financial and property
issues, and, if the couple has children, the details of custody and visitation are
set forth in the Parenting Agreement. Both of these documents can be
incorporate into the Judgment making them orders of the Court.
MAIDEN NAME. In a divorce, the wife can return to her maiden name
without any additional costs. The Judgment must state the Wife is
resuming use of her maiden name. If the Judgment does not contain the
provision allowing the Wife to resume her maiden name, the Wife must open a
new court case requesting a name change, pay the filing fee to the courthouse,
and publish notice in the newspaper, for a fee, prior to receiving an order for the
name change.
In Illinois divorce is governed by the Illinois Marriage and Dissolution of
Marriage Act (IMDMA). Chapter 750 of the Illinois Compiled Statutes contains
the statutes pertaining to families. The IMDMA is contained in Act 5 of Chapter
750 and is further divided into eight Parts with each containing multiple
Sections. This act views divorce as a dissolution of a partnership or similar
business entity and thus calls divorce "dissolution of marriage."
DIVORCE REQUIREMENTS. A person must meet the following minimum
requirements before he/she can file for divorce:
Jurisdiction. A person must reside in the state of Illinois for 90 days before
filing for divorce.
Venue. The divorce must be filed in the county where either the Husband or the
Wife resides.
Pleading. A spouse must prepare and file a document requesting the divorce.
This document is commonly called the divorce petition but is formally known as
the Petition for Dissolution of Marriage. The IMDMA dictates the specific
information that must be contained in the petition. Failure to properly include all
required information may result in the petition being dismissed (thrown out of
court).
Grounds. Illinois requires that grounds for divorce be proven before a divorce
can be granted. The petition must contain the grounds under which the spouse
is filing for divorce. The IMDMA lists multiple grounds under which the divorce
can be granted in Section 401.
Irreconcilable Difference. The most common ground for divorce is called
Irreconcilable differences. Section 401(b) requires that the parties have "lived
separate and apart for a continuous period in excess of 2 years" unless
affidavits are provided waiving the two year period if the parties have "lived
separate and apart for a continuous period of not less than 6 months."
Other grounds. Section 401(a) lists numerous grounds for divorce. These
include: adultery; impotency; spouse had a living spouse at the time;
desertion/abandonment; habitual drunkenness; gross and confirmed habits
caused by addictive drugs; spouse has attempted the life of the other spouse;
extreme and repeated physical or mental cruelty; conviction of a felony or other
infamous crime; and transmission of one spouse to the other of a sexual
transmitted disease. Each of these grounds has its own time period
requirements.
Filing. Once the spouse has prepared the Petition for Dissolution of Marriage,
the petition must be filed at a courthouse to begin the divorce process. Once
again venue dictates which courthouses would be acceptable under the IMDMA.
The Clerk of the Circuit Clerk in every county determines the cost for filing a
divorce petition. A spouse must either pay the fee or file a paupers petition
stating that the spouse meets the requirements of poverty and a judge orders
the fee to be waived.
Service. The spouse filing the divorce must "serve" the other spouse with a
copy of the divorce paperwork unless the spouse files his/her own appearance.
Service of process, as it is properly called, is dictated by the Illinois Supreme
Court rules and the Code of Civil Procedure. Generally the sheriff in the county
in which the divorce is filed is authorized to "serve" the petition upon the spouse.
A private process server can also be used for the service of process.
DIVORCE PROCEDURE. Divorce procedure differs vastly from county to
county and minutely from judge to judge within each county. A divorce officially
begins when one spouse files the Petition for Dissolution of Marriage. Then the
other spouse is served with the petition and the spouse who is served must file
a response with the Circuit Clerk and pay the fee to participate in the divorce.
Uncontested. If the divorce is fully agreed upon, the parties can immediately
proceed to a hearing to finalize the divorce. The parties must prove the
minimum requirements listed above (jurisdiction, venue, grounds). The parties
must present the proper documents to the court detailing the parties agreement
on financial issues and children, if applicable, and provide the presiding judge
with a judgment to sign. The parties must also fill out the Certificate of
Dissolution at the time the divorce is finalized.
Contested. If every aspect of the divorce is not agreed to, then the parties must
utilize the court system to resolve the contested issues. The exact procedures
necessary to resolve these issues depends on the presiding judge and the
county in which the divorce is taking place. Eventually the divorce will be
finalized and a judgment entered. The length of time involved to resolve the
divorce will vary depending on the number of contested issues, the attorneys
representing the couple, the number of cases on the court's docket, etc.
CHILDREN. If children were born during or adopted during a marriage, then
custody must be determined along with the exact times each parent has the
child/chidlren and the financial obligations of each parent. The Illinois Supreme
Court Rules set forth the specific rules for divorces with children including the
requirement of a one-time class, time constraints, and the exact procedure to
determine custody. In addition to these rules, statutory guidelines exist to
determine temporary issues (while the divorce is pending) and permanent
issues of divorcing couples with children. Financial expenses of the couple's
children must be determined which can include child support, health insurance,
medical expenses not covered by health insurance, daycare, extracurricular
activities, life insurance policies, and educational expenses ranging from
registration fees to tuition for private schooling or college. The application of the
rules and statutes vary from county to county and judge to judge within each
county.
DISCOVERY. The term given to the process through which the assets, debts,
earnings, and property of the Wife and the Husband are determined is called
discovery. Both the Husband and the Wife must fully and honestly disclose all
information necessary to resolve the divorce either by agreement or by ruling of
the Court. The process can be though voluntary disclosure, called informal
discovery, or through formal discovery methods. The use of formal discovery
generally increases the length and cost of the divorce.
COURT APPEARANCES. At least one court appearance is required to obtain a
divorce in Illinois. If the divorce is not completely agreed upon, more than one
court appearance will be required. The presence of the divorcing couple is
required in court unless an attorney has been hired for each spouse. An
attorney should let the client know whether the client must be present at each
court date. Some judges require the presence of the divorcing couple in court
for certain types of court dates.
DIVORCE ORDERS. When the divorce is completed (finalized), the order
granting the divorce is called a Judgment. The terms of the divorce are set
forth in the Marital Settlement Agreement, detailing all financial and property
issues, and, if the couple has children, the details of custody and visitation are
set forth in the Parenting Agreement. Both of these documents can be
incorporate into the Judgment making them orders of the Court.
MAIDEN NAME. In a divorce, the wife can return to her maiden name
without any additional costs. The Judgment must state the Wife is
resuming use of her maiden name. If the Judgment does not contain the
provision allowing the Wife to resume her maiden name, the Wife must open a
new court case requesting a name change, pay the filing fee to the courthouse,
and publish notice in the newspaper, for a fee, prior to receiving an order for the
name change.
DIVORCE PRACTICE of ANGELA LUND-LOGAN
Attorney Angela Lund-Logan has narrowed her legal focus such that family law
case constitute the majority of her practice. By limiting her practice allows Angela
Lund-Lgoan to stay up-to-date on the case law and statutes. She is currently
taking divorce cases in Boone, Ogle, and Winnebago counties so that she can
be familiar with the local court rules and, most importantly, how the judges in
these counties apply law.
Angela Lund-Logan has experience with all aspects of divorce having
represented the Petitioner, the Respondent, the Husband, and the Wife. Being
divorced herself, Angela Lund-Logan understands the emotional aspects of
divorce and aims to alleviate much of the stress her clients experience by
guiding them through the divorce process.
Attorney Angela Lund-Logan has narrowed her legal focus such that family law
case constitute the majority of her practice. By limiting her practice allows Angela
Lund-Lgoan to stay up-to-date on the case law and statutes. She is currently
taking divorce cases in Boone, Ogle, and Winnebago counties so that she can
be familiar with the local court rules and, most importantly, how the judges in
these counties apply law.
Angela Lund-Logan has experience with all aspects of divorce having
represented the Petitioner, the Respondent, the Husband, and the Wife. Being
divorced herself, Angela Lund-Logan understands the emotional aspects of
divorce and aims to alleviate much of the stress her clients experience by
guiding them through the divorce process.
If your marriage is having troubles, seeking a divorce is not always the first
response. Many couples have saved their marriage through marriage
counseling. The decision to file for divorce should not be taken lightly and
speaking with an attorney can assist in this difficult decision.
YOUR SPOUSE IS DISCUSSING DIVORCE
If you believe your spouse is thinking about filing for divorce or has been
threatening to file for divorce, you should immediately seek legal counsel.
Consulting with an attorney can assist you in understanding the divorce process
and better prepare you if your spouse does file. Even if your spouse seems
intent on filing for divorce, you can still request marriage counseling.
YOU HAVE BEEN SERVED WITH DIVORCE PAPERS
If you have been served with divorce papers, you MUST seek legal counsel
immediately as you have a very limited time in which to preserve your legal
rights. Decisions based on emotions rather than the law may place you at a
disadvantage later in the divorce.