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My question is on divorce as it relates to Illinois law so I…

My question is on divorce...
My question is on divorce as it relates to Illinois law so I only want a lawyer who practice in illinois to respond.
I believe I have been tricked to marrying someone for green card and I need an advice on the quickest way to get myself out of the rut.
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Answered in 19 minutes by:
1/17/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,029
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Illinois has no fault divorce here, you don't need to plead anything but irreconcilable differences.This can make for a simple filing and then having it granted by the judge.You can either agree to proeprty settlement or have the judge divide it all.

Self help with forms

https://www.illinoislegalaid.org/legal-information/getting-divorce

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated,

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Customer reply replied 4 months ago
Do you have a practice in illinois?

Illinois Lawyer Finder  in case you need local lawyer

Attorney referral service in Chicago, Illinois

Address: 20 S Clark St #900, Chicago, IL 60603

Hours:

Closing soon · 9AM–3PM

Phone: (800)(###) ###-####/a>

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I am not allowed clients off site, retired only answer questions, thanks for asking.

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Customer reply replied 4 months ago
I know that but I do not want someone that will give me a general answer only to find out later that the advice provided is not applicable to Illinois. It has happened to a friend before and I do not want that to happen to me

Law with self help and forms to file in Illinois

https://www.illinoislegalaid.org/legal-information/getting-divorce

You don't have to prove fraud or anything else in Illinois they have no fault divorce, irreconcilable differences.

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More on no fault divorce in Illinois

http://www.beermannlaw.com/illinois-truly-a-no-fault-state-commencing-january-1-2016/

If you have more follow up please just ask.

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Customer reply replied 4 months ago
We have only been married for 18 months and lived together for only 6 months. Why do we have to share property?

Anything any of you earned or acquired during marriage is subject to division.

Typically, marital property is eligible for division, and non-marital property is not. Marital property is generally any property that is acquired during the marriage, with some exceptions. Some examples of marital property which can be divided in a divorce include:

  • Balances of checking or savings accounts
  • Retirement or investment accounts
  • Equity in the residential property where both spouses lived during the marriage (the “marital residence”), or the proceeds of the sale of residential property
  • Cars, boats, other vehicles, the equity in or proceeds from the sale of such vehicles

The following are some general examples of non-marital property, which would not be divided in a divorce:

  • Property received as a gift. This can include gifts from people outside the marriage, or even gifts from one spouse to the other.
  • Property acquired by inheritance.
  • Property acquired before the marriage, which remains separate and in the owner’s sole name. A home that was purchased in contemplation of the marriage, however, can still be considered marital property.
  • Property that was received in exchange for giving away non-marital property, as long as the newly received property is kept separate and solely in the owner’s name.

Illinois statute includes a presumption that all property acquired during the marriage is marital property. This presumption can be overcome by clear and convincing evidence. Thus, strict documentation would better support an argument that new property was received in any of the circumstances mentioned above, and that it is therefore non-marital property.

Illinois is not a state where marital property is automatically divided 50/50 among the spouses. In practice, some judges may try to divide property equally, but Illinois statute does not require this. Our statute provides that a court shall divide marital property in “just proportions,” and can consider many relevant factors in reaching its decision. Factors that a court will consider can include the following:

  • How much each spouse contributed towards buying and maintaining property, and towards increasing or decreasing the value of property. This includes contributions towards both marital and non-marital property. In addition to financial contributions, a court can also consider a party’s contributions as a home maker, caring for the spouses’ children and the home during a long marriage.
  • Whether there has been dissipation of marital assets by either party, that is, whether either party had used, transferred, or destroyed marital property for purposes unrelated to the marriage, at a time when the marriage was undergoing an irretrievable breakdown.
  • The value of the property assigned to each spouse. If one spouse owns a substantial amount of non-marital property, the court may decide to award the other spouse a larger portion of the total marital property.
  • The length of the marriage. In a lengthy marriage, if one spouse had accumulated most of the marital property, and the other spouse had primarily raised their children and tended to the home, the court may split the remaining marital property equally. In a short marriage, a party’s contribution as a home maker might be given less consideration and weight in the judge’s analysis.
  • The economic circumstances of each spouse. The court will look at each spouse’s job skills, experience, and work capacity. Under some circumstances, it could be possible for a spouse with no employment or property to be awarded a larger portion of the marital property.
  • Any rights and obligations arising from a previous marriage.
  • Any prenuptual or postnuptual agreement of the parties. A prenuptual agreement can designate certain property as non-marital when that property would otherwise be marital under the law. A prenuptual agreement can also provide that each spouse receives specific items of property in the event of a divorce.
  • The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. The court may take into consideration each spouse’s future earning capacity and employability, including whether either spouse is no longer employable due to age, health, or disability.
  • Custodial provisions of any children. A court may award the marital home to the parent who is awarded the majority of parenting time, to provide for continuity in the children’s lives. The court can also award this parent a greater proportion of the marital property to meet the increased support obligations for the children. The court may simply award this parent the marital home, and award other marital property to the other spouse in place of his or her interest in equity of the home.
  • Whether property is awarded instead of spousal support. A court may decide to award one party a greater share of marital property instead of awarding maintenance (alimony).
  • The reasonable opportunity of each spouse to acquire future assets and income.
  • Any tax consequences for the parties that result directly from the court’s division of property in the divorce.
  • Any other relevant factors, including the interest in avoiding future litigation and conflict after the divorce.

If you can agree here you can agree to each keep what they have, otherwise court decides what is marital property and how to divide it.

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Customer reply replied 4 months ago
I have acquired all my property before we got married 18 months ago and she does not have any property other than her personal effects, so what's the position of the law in that respect. Do we still have to share the property I have acquired before we got married. By the way, she too has property before we got married but the property was not in the US.

No only the proeprty /income for the 18 months is marital property.Anything prior to marriage is separate property here.

http://www.beermannlaw.com/illinois-truly-a-no-fault-state-commencing-january-1-2016/

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Customer reply replied 4 months ago
What about liabilities incurred during the marriage. Are we going to split that too?

Yes for the 18 months here that you were married.

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Customer reply replied 4 months ago
How long would it take to complete the divorce?

Exactly how long it will take you to get a divorce depends mostly on how amenable your spouse is to the idea and to what degree your spouse intends to argue such issues as allocation of parental responsibilities and support. Uncontested divorce takes as little as two weeks to two months, while contested divorce takes as long as 18 to 30 months depending on the issues involved.

Time requirements prior to filing

Before a divorce petition can be filed, one of the spouses must have resided in Illinois for at least 90 days, or 180 days if there are children whose custody needs to be assigned.

There is an additional requirement if you will be filing for Illinois’ version of no-fault divorce. Filing on the ground of irreconcilable differences requires you to have been living separate and apart for at least two years or, if you both agree to the divorce, for at least six months. Of course, you may already meet these requirements, in which case they will present no delay in processing your petition.

The filing process

The filing process varies from county to county. After your petition for dissolution of marriage has been submitted to the circuit court, the clerk’s office will within two weeks provide you with a case number ***** the name of the judge assigned to your case, and issue your summons.

Once your summons has been served on your spouse — a process that can take the sheriff’s office another two to three weeks — your spouse will have 30 days in which to indicate whether it is being contested or not.

If your spouse does not respond, we will ask the court to assign a date for a court appearance you both must attend, which is typically scheduled another four weeks out.

If your spouse does not appear on the hearing date mandated, the judge may issue a default ruling awarding you a divorce. In Lake County, six months and a day must pass from the date your spouse was served notice before you can be restored to single status; unresolved issues such as allocation of parental responsibilities will be decided by the court at a later date.

Accelerating divorce

The no-fault approach imposes a two-year separate and apart (or six-month) requirement. If you do not meet those requirements but want to expedite the process, you will need to file on other grounds.

The quickest way to get a divorce is to make your divorce uncontested. That requires you to agree on every issue.

Another way to speed things up is to get your spouse to sign an Entry of Appearance, Waiver and Consent form, which says the person waives the need to be served with a summons and the 30-day wait between receipt of the petition and a court date, and agrees to the need for divorce.

Certain Illinois residents may qualify for Joint Simplified Dissolution of Marriage, which can take less than a week. To qualify for joint simplified divorce, the spouses must agree to file on grounds of irreconcilable differences and must:

  • Have been married less than eight years
  • Have been separated for more than six months
  • Have no children
  • Own no real estate together
  • Have a joint annual income of less than $35,000, with neither making more than $20,000 per year
  • Have a total fair market value of marital property, after deducting all debts, of less than $10,000
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Customer reply replied 4 months ago
For us to separate, who needs to move out since we both presently live in my house. We do not have any child under 18 years.

If it is your house, you bought it premarital you can evict her.If bought together then you may have to live file and have court award it to one of you until divorce is complete.

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Customer reply replied 4 months ago
Oh, I didn't know I could do that. How do I go about doing that?

Send her notice to quit form and then file forcible entry and detainer(eviction)

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Accept the offer and ask as much as you want,thanks.

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Customer reply replied 4 months ago
I will like to accept this offer but I haven't prepared any documents yet. It may take a while to get any documents together for you to review. Will I still be covered if I accept the offer now?

Yes it remains open you can come back tomorrow or whenever and I will review them thats why I sent it.Thanks.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,029
Experience: 30 years as a family law lawyer .
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Customer reply replied 4 months ago
What forms do I need to fill out and in what order?
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Customer reply replied 4 months ago
How's maintenance payment determined legally? Am I required to pay maintenance?

No it is a short term marriage under five years no spousal support/maintenance here.

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Customer reply replied 4 months ago
Can we do it in Lake County or McHenry county instead of Cook county?

Sure forms are same just change the county on the ones I gave you.

They are good statewide.

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Customer reply replied 4 months ago
Is it after this is signed and filed that I can file the notice to quit form or can I do both at the same time?

You can do them at same time if you want.

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Customer reply replied 4 months ago
Can I still file the notice to quit should she refuse to sign the divorce petition or must there be a divorce petition in place before one can file a notice to quit.

Yes they are apples and oranges, you can send notice to quit regardless.

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Customer reply replied 4 months ago
Great. So where do I find the notice to quit form?
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Customer reply replied 4 months ago
I thought this form is required only when there is a tenant /landlord relationship. Are you sure this can be used to evict your spouse?

Yes she is a month to month tenant even if she pays no rent.Set the rent high here, she won't pay it so you can then file eviction suit.

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Customer reply replied 4 months ago
Shouldn't there be a rental agreement before you can use this form. What if she says I never told her to pay any rent. Will that not be a good defense for her?

Anytime there is a spouse, boyfriend, girlfriend they are month to month tenant sif this is your separate property.The notice has an amount of rent due, this is where you set the rent as a month to month tenant.

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Customer reply replied 4 months ago
Wow!!! I didn't know that. Ok, I'll fill out the forms this weekend and send them to you for review sometime next week. Thanks so much. You've been really helpful.

It was my pleasure talk to you again soon.

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Customer reply replied 3 months ago
She is away temporarily for a month. Can I still file the eviction notice? How long does it take for the eviction to become effective?
Customer reply replied 3 months ago
The Notice to Quit Form is asking for the "Original lease signature date". I don't have one because there was no lease. Are you sure this is the I need to evict my spouse?
Customer reply replied 3 months ago
Attached is the notice to quit. There was no lease signed bu I just added a date to get the document prepared. What should I write in place of the lease agreement referred to in the document?

You would need to modify the forms here.This is fine with your changes best you can do here.

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Customer reply replied 3 months ago
I didn't understand your last answer. How Will I modify the form. We have lived together for 8 months so I calculated the rent owed @ $500 per month for 8 months. But how do I modify the original signed lease date when there was no lease.

Use the $500 a month , it was a month to month here if no lease.Oral contract for month to month.

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