Illinois

Marriage & Family Law Home

How are Maintainence Rewards Granted?

During a dissolution of marriage or legal separation in Illinois, a spouse may file for a maintenance order. ....... Click here to get more info on Alimony

How Is Child Support Calculated In Illinois?

In Illinois, child support is calculated as a percentage of the non-custodial parent's income. Here is the chart of amounts:

• 20% for one child
  
  
• 28% for two children
  
  
• 32% for three children
  
  
• 40% for four children
  
  
• 45% for five children, and
  
  
• 50% fo ....... Click here to get more info on Child Support

Which Factors are Considered in Granting Custody?

The court shall consider the following factors in granting custody:

• the wishes of the child's parent or parents as to his custody



• the wishes of the child as to his custodian



• the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest



• the child's adjustment to his home, school and community



• the mental and physical health of all individuals involved



• the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person



• the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person



• the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child



• whether one of the parents is a sex offender



• the terms of a parent's military family‑care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.

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What Happens If/When One of The Parents are Deceased?

When one of the parents is deceased, by a gr ....... Click here to get more info on Custody

What is the Criteria for Divorce?

Illinois is not an easy state. Though they both have a no-fault and fault option, to file for a no-fault divorce requires the spouses to have been living separately for a minimum of 2 years.

What if the Fault Option is Pursued?

If the fault option is wanted, Illinois only recognizes the reasons to be: naturally impotent, a spouse was already married, adultery, willful desert ....... Click here to get more info on Divorce

How are Visitation Rights Requested?

In Illinois, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may petition the court by using a stand-alone petition for visitation.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under Illinois's custody and visitation statute as a factors related to a child's well-being, educational needs, parental factors and a child's wishes.

A court may award a minor child's grandparents visitation rights if the court deems that visitation is in the child's best interest and the following conditions are met:

• the child is at least one year old.



• One of the parents of the child has been confirmed to be unfit or incompetent



• One of the parents has been incarcerated in jail or prison for at least three months



• One of the ....... Click here to get more info on Visitation

How is Property Distributed?

Under Illinois law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

Courts will consider the following factors when dividing property: the contribution to the marital assets of each party including contributions to the care and education of the children and services as homemaker; the economic circumstances of the parties; the length of marriage; any ....... Click here to get more info on Property Division