Legal Practice Areas

Dissolution of Marriage in Illinois

• In Illinois, either spouse may file a petition for dissolution of marriage (or divorce) if each has maintained residency in Illinois for 90 days next preceding the commencement of the action or the making of the finding. Prior to the divorce, a spouse must prove that irreconcilable differences have caused the irretrievable breakdown of the marriage, and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. Further, if the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met. Judgment shall not be entered unless, to the extent it has jurisdiction to do so, the court has considered, approved, reserved or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court shall enter a judgment for dissolution that reserves any of these issues either upon (i) agreement of the parties, or (ii) motion of either spouse and a finding by the court that appropriate circumstances exist.

In all divorce proceedings in Illinois, either party may petition or move for: 

• (1) temporary maintenance or temporary support of a child of the marriage entitled to support, accompanied by an affidavit as to the factual basis for the relief requested. One form of financial affidavit, as determined by the Supreme Court, shall be used statewide. The financial affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking statements. Unless the court otherwise directs, any affidavit or supporting documentary evidence submitted pursuant to this paragraph shall not be made part of the public record of the proceedings but shall be available to the court or an appellate court in which the proceedings are subject to review, to the parties, their attorneys, and such other persons as the court may direct. Upon motion of a party, a court may hold a hearing to determine whether and why there is a disparity between a spouse's sworn affidavit and the supporting documentation. If a spouse intentionally or recklessly files an inaccurate or misleading financial affidavit, the court shall impose significant penalties and sanctions including, but not limited to, costs and attorney's fees;
• (2) a temporary restraining order or preliminary injunction, accompanied by affidavit showing a factual basis for any of the following relief:
• (i) restraining either spouse from transferring, encumbering, concealing or otherwise disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained, requiring him/her to notify the moving spouse and his/her attorney of any proposed extraordinary expenditures made after the order is issued; however, an order need not include an exception for transferring, encumbering, or otherwise disposing of property in the usual course of business or for the necessities of life if the court enters appropriate orders that enable the parties to pay their necessary personal and business expenses including, but not limited to, appropriate professionals to assist the court pursuant to subsection (l) of Section 503 to administer the payment and accounting of such living and business expenses;
• (ii) enjoining a spouse from removing a child from the jurisdiction of the court for more than 14 days;
• (iii) enjoining a party from striking or interfering with the personal liberty of the other spouse or of any child; or
• (iv) providing other injunctive relief proper in the circumstances; or
• (3). other appropriate temporary relief including, in the discretion of the court, ordering the purchase or sale of assets and requiring that a spouse or parties borrow funds in the appropriate circumstances.

(PLEASE CALL THE OFFICE FOR FREE TELEPHONE CONSULTATION SPECIFIC TO YOUR CIRCUMSTANCES).

 Chapter 7 (“Fresh-Start” Bankruptcy)

• In order to qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test, for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved, certified credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. If a debt management plan is developed during required credit counseling, it must be filed with the court.
• One of the primary purposes of bankruptcy is to discharge certain debts to give an individual debtor a "fresh start." The debtor is no longer responsible or liable for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not dischargeable in Bankruptcy.

(PLEASE CALL THE OFFICE FOR FREE TELEPHONE CONSULTATION SPECIFIC TO YOUR CIRCUMSTANCES)