Orders of Protection

Orders of Protection

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Orders of Protection

When contemplating a dissolution of marriage (divorce), educating yourself about the basics of Illinois’ divorce law is a starting point. We are here to provide you the basics and much, much more. 

Divorce laws and marriage laws are regulated state by state. In Illinois, all divorces are entered on no-fault grounds. That simply means that one or both parties claim that irreconcilable differences have resulted in an irretrievable breakdown of the marriage. There is no waiting period for a final judgment so long as the petitioner (the party who files for divorce) has been a resident of Illinois for 90 days.   

In general, divorces fall into two categories.

Marriages without children and marriages with children. When no children are involved in a divorce case, division of assets and spousal support are generally the most essential elements that need to be decided. When there are children involved, the most important phase is determining and allocating parental responsibility (formerly called child custody) and setting a parenting schedule (formerly called visitation). These essential components are written in a document referred to as an Allocation Judgment.

Division of Assets

Assets of the marriage may include

  • Home
  • Investments, including retirement accounts such as IRAs or 401ks
  • Bank accounts, checking and savings
  • Pensions
  • Business interests
  • Other real estate
  • Inheritances
  • Vehicles
  • Artwork or other valuable items
Assets acquired during the marriage are considered marital property, regardless of which party made more money while married. In the divorce process, it is important to determine how much each asset is worth and any debt owed against it to determine the equity, or value of the asset.

Division of Debts

Division of debts is also an important component in the divorce process. During the divorce process you and your spouse may be asked to obtain a credit report in order to prepare a list of all the debts between you and your spouse.  

Maintenance or Spousal Support (Alimony)

Spousal support, called maintenance in Illinois, is determined based on the income of both parties and other factors that Illinois law has determined to be as the key considerations in determining whether a party should be awarded maintenance.

Allocation of Parental Responsibility

Formerly referred to as child custody, Allocation of Parental Responsibilities is detailed in Allocation Judgments. Allocation Judgments are required in the State of Illinois. It must be determined whether parents will share responsibility of major decision making involving the child or children or whether parents will separate which areas each will be responsible for. For example, one parent may be responsible for education decision while the other parent is responsible for all health care decisions.  

Parenting Schedule

Parenting time for each party (formerly referred to as visitation) is now referred to as a Parenting Schedule and is also required to be included in Allocation Judgments. Determining what the parenting schedule will be is determined on a case-by-case basis taking into consideration the facts and circumstance of each case. Illinois law sets forth a number of factors that are to be considered in determining a parenting schedule with the goal of crafting a schedule that is in best interest of the child or children.

Child Support

Child support laws in Illinois are based upon the income of both parents, with established guidelines that consider the combined incomes of the parties and the parenting schedule established. Child support in Illinois is no longer based on flat percentages. Additional child related expenses such as medical insurance premiums, uncovered medical and other health related expenses, child care and extracurricular activities are expenses should also be addressed in addition to child support. 

 How Can The Law Offices of Donna R. Farley Help?

When contemplating divorce, consulting with a skilled and experienced divorce attorney early on will provide answers to many of your questions and reduce your stress level. Selecting a divorce attorney is one of the most important decisions in the process. The Law Offices of Donna R. Farley is well known for our legal skills and our ability to exceed client expectations. We will work closely with you to develop a strategy that helps you achieve your goals. We will guide you through the divorce process every step of the way so you thoroughly understand every aspect of your case and are able to make informed decisions throughout the process. The Law Offices of Donna R. Farley provides guidance, support and calm, thoughtful legal advice. We are award winning and proud of it.
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