|
This section of our web site is designed to answer questions a viewer may have regarding divorce and family law in the State of Illinois, and general procedures at Murphy Law Group It is based on general legal principals using |
|
the Illinois Marriage and Dissolution of Marriage Act, and is designed to answer general initial questions that you may have regarding divorce/family law issues in Illinois, and let you know in advance some of the procedures in our office.
This Q&A is set forth as general questions regarding divorce/family law and is not designed or intended to act as legal advice to you or any other individual person who may view them. No attorney-client relationship is established between Attorney G. Edward Murphy, the law firm of Murphy Law Group, and you as the reader of the Q&A . No part of the Q&A may be reproduced without written consent of G. Edward Murphy. © G. Edward Murphy |
|
|
|
|
|
Why Should I Choose G. Edward Murphy and Murphy Law Group?
|
 RETURN TO LIST |
Simple. We are great at what we do and all we do is divorce, custody and family law cases. We have three attorneys in G. Edward Murphy, Theresa B. Murphy and Elizabeth M. Paulson, and we have two full time paralegals and one receptionist on staff that handle only family law cases. Attorney G. Edward Murphy has been rated one of the top family law attorneys in Illinois, a distinction given to only the top 6% in Illinois.
This ratio of paralegal to attorney working solely in the family law arena is unheard of in Central Illinois. That allows Attorneys G. Edward Murphy, Theresa B. Murphy and Elizabeth M. Paulson to have a paralegal on each case to work side by side with you on your case. This frees up the attorneys time to handle the important daily trial work, settlement negotiations, and quality one on one time needed to meet with each client, and allows the paralegals substantial frequent contact with the client to complete all of the necessary paperwork required to be filed and necessary to win your case. This also saves you, as the client, substantial amounts in fees because the paralegal time is billed at substantially less than that of the attorney time on your case. It is both time efficient and cost efficient for you and our office.
Together with the rest of the attorneys and staff, you will find no better law firm in Central Illinois to handle your divorce, custody or family law case. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is the Mission of the law firm of Murphy Law Group?
|
| RETURN TO LIST |
|
The Mission of The Murphy Law Group is to provide top quality and unsurpassed legal services in the areas of family law, custody and divorce to individual clients in an environment where the client and their children's needs and legal interests are considered first and foremost, while at the same time adhering to the highest ethical and moral principles in bringing the case to a favorable conclusion.
For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970. © G. Edward Murphy |
| RETURN TO LIST |
How Does the Case Begin Once I Set an Appointment?
|
| RETURN TO LIST |
|
Once you have hired our office, if a case has not yet been filed, we would begin the process of drafting the necessary paperwork, called pleadings, to file with the Court. The initial pleading is called a "Petition for Dissolution of Marriage" and is filed with the Court to begin the divorce process. Once filed, a summons is issued by the Court informing your spouse of the proceedings and setting forth time limits for him or her to respond. These documents are then served by hand by a private process server on your spouse at a time and place you designate to us. If you have children, certain requirements are made on parents to attends a "Children's First" class. This class helps parents through the divorce process and helps keep the children out of the divorce. Additionally, each party would be required to file a Financial Affidavit setting forth all of your income, assets, and debts for the Court. All of this paperwork would be provided to you by our office and
prepared with both you and our office involved in the process. For
further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or
call him at (309) 691-3970.
|
| RETURN TO LIST |
What Happens When I Start the Case?
|
| RETURN TO LIST |
|
Once you have hired our office, if a case has not yet been filed, we would begin the process of drafting the necessary paperwork, called pleadings, to file with the Court. The initial pleading is called a "Petition for Dissolution of Marriage" and is filed with the Court to begin the divorce process. Once filed, a summons is issued by the Court informing your spouse of the proceedings and setting forth time limits for him or her to respond. These documents are then served by hand by a private process server on your spouse at a time and place you designate to us. If you have children, certain requirements are made on parents to attends a "Children's First" class. This class helps parents through the divorce process and helps keep the children out of the divorce. Additionally, each party would be required to file a Financial Affidavit setting forth all of your income, assets, and debts for the Court. All of this paperwork would be provided to you by our office and prepared with both you and our office involved in the process. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 674-5551. © G. Edward Murphy
|
| RETURN TO LIST |
How Long Does it Take to Obtain the Divorce?
|
| RETURN TO LIST |
|
There is no time limit to obtaining the divorce and resolving the issues in your case. If you have children, it is required in many counties that you attend the "Children's First" class before the court will grant the dissolution. However, the time it takes to get divorced depends totally on the issues involved, and the willingness of the parties to cooperate with each other and their attorneys in resolving the case. Obviously, if there are children involved and the parties are litigating over where the children are going to live, it will take longer than if custody is not in issue. If the parties choose to fight over every single issue, it will take longer and cost more than if the parties attempt a reasonable and rational settlement approach. The bottom line is there are no real "winners" in a divorce case. Our job as your attorney is to help you get through the divorce process, obtain a favorable result for you, and keep your children out of the process as much as possible. It is our belief that
two rational parents, with the help of quality attorneys representing them, will
always make a better decision on how to resolve custody of their children and on all
other issues, than one judge will. The basis for that statement is simple: You know
your children and your life better than one judge could ever know it. Therefore, if you
are acting rationally, you will make a better decision as to what is best for you and
your children than will a judge who only hears a small portion of your life through
testimony controlled by the attorneys who present the case. With the right attorneys,
you can get through this process in one piece. For further information,
please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
How Do I Start a Divorce Case in Illinois?
|
| RETURN TO LIST |
|
The most logical way to begin a dissolution of marriage action in Illinois is to contact a good divorce attorney, such as the attorneys in our office, who practice solely in the family law arena. You want to make sure the attorney you choose is well versed in the law and understands the intricacies of a family law case. You want to make sure that attorney understands your needs and the needs of your children, both emotionally and financially. Most importantly, you want a attorney who can provide superior legal advice in an environment that is non-threatening, and that takes into consideration all of your families' needs and financial requirements. Once you find that attorney, the case begins by filing a Petition for Dissolution of Marriage. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is a Divorce?
|
| RETURN TO LIST |
|
A divorce is the termination of the marriage relationship between a husband and wife under the laws of the State of Illinois. It dissolves the bonds of matrimony between a husband and wife and is called a "dissolution of marriage". The rule of law governing dissolution of marriage in the State of Illinois is called the "Illinois Marriage and Dissolution of Marriage Act." For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
Where Can I File For A Divorce?
|
| RETURN TO LIST |
|
A husband or wife may file for dissolution of their marriage in any county in the State of Illinois as long as one of them resides in that county. One or both of the parties must live in the county where the case is filed. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
How Old Do I Have To Be To Get Married In Illinois?
|
| RETURN TO LIST |
|
In Illinois, both the prospective bride and groom must be 18 years of age in order to obtain a marriage license. However, if either or both of them are under age 18 but at least 16 years of age, they can still obtain a marriage license if they have obtained consent from their parents, their guardian or a judge. A judge may order issue of the marriage license for a 16 or 17 year old if the court finds that the underage party is capable of assuming the responsibilities of marriage and that the marriage will serve his or her best interests. Pregnancy alone does not establish that the best interest of the party will be served. Once the license to marry is issued by the county clerk, it is valid for marriage the next day after it is issued and expires in 60 days after it becomes effective. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
When is Marriage Prohibited By Law in Illinois?
|
| RETURN TO LIST |
|
Under the statute, marriage is prohibited: (1) if you are still married to someone else and the prior marriage has not been dissolved; (2) between an ancestor and descendent, or between a brother and sister, whether by whole or half blood or by adoption; (3) between an uncle and niece or aunt and nephew, whether by half or whole blood; (4) between cousins of the first degree unless both parties are age 50 or over, or unless one party is sterile; and (5) between two individuals of the same sex. As a result, Illinois does not permit same sex marriages. Further, if your marriage would be prohibited in Illinois and you leave the State simply to get married elsewhere and then return to reside in Illinois, your marriage is still considered invalid in Illinois. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is an Annulment of Marriage?
|
| RETURN TO LIST |
|
The law in Illinois provides certain very specific grounds to have your marriage declared invalid. This declaration of invalidity of marriage was formerly termed "annulment". To have your marriage declared invalid, you must prove one of the following: (1) that one of the parties lacked consent to the marriage at the time because of either mental incapacity, drugs or other incapacitating substances; (2) that a party was induced to enter into the marriage by force or duress, or by fraud involving the essentials of the marriage; (3) that a party lacks the physical capacity to consummate the marriage and the other party did not know of that incapacity at the time of the marriage; (4) that a party was age 16 or 17 and did not have proper consent or judicial approval; and (5) that the marriage was a prohibited marriage. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
How Long Do I Need to Live in Illinois to Obtain a Divorce?
|
| RETURN TO LIST |
|
A court in Illinois will grant a dissolution of marriage to the parties as long as one of the parties was a resident of the State of Illinois at the time the action was commenced and that residency has been maintained for 90 days at the time the case was filed or at the time the court makes the finding of residency. Therefore, you must be a resident for at least 90 days to obtain the divorce in Illinois. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What Grounds Do I Need to Obtain A Divorce in Illinois?
|
| RETURN TO LIST |
|
There are many grounds for the court to grant the parties a dissolution of marriage. The most common is extreme and repeated mental cruelty. However, a party can claim impotency, bigamy, adultery, desertion, habitual drunkenness, addictive drug usage, attempted murder of the spouse, physical cruelty, felony conviction, or the fact that the spouse infected the other with a sexually transmitted disease as a basis for the grounds for divorce. Each of these grounds has specific factors that must be proven in detail and many have time limits on the actions that occurred. Additionally, the Court can grant the parties a divorce on the no-fault grounds of irreconcilable differences if certain conditions have been met regarding living separate and apart and these differences have caused an irretrievable breakdown of the marriage. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is a Legal Separation?
|
| RETURN TO LIST |
|
Rather than obtain a divorce, parties may seek to obtain a legal separation in Illinois. A legal separation requires the parties be living separate and apart from each other and allows for the Court to order reasonable support and maintenance for each party while they live apart. A legal separation must be filed in the county where the respondent resides or where the parties last resided together as husband and wife. Further, just because one party files for a legal separation does not bar either party from filing for a divorce. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is a Judgment for Dissolution of Marriage?
|
| RETURN TO LIST |
|
A Judgment of Dissolution of Marriage is the actual divorce Order of the Court dissolving your marriage and resolving all of the issues attendant to a divorce case. These issues include custody of your children, visitation, child support, college expenses, tax exemptions, daycare expenses, medical and health care insurance and expenses, life insurance, attorney fees, maintenance and alimony, distribution of your assets such as real estate, motor vehicles, financial accounts and investments, pensions and retirement accounts, and any other assets you may own or have an interest in, division of your debts such as mortgages, car loans, credit cards and any other amounts owed, and all other issues that are part of a divorce. Once these issues have been resolved either by agreement or through a Court hearing with a judge deciding the issues, the resolution of these issues is placed in the Order termed "Final Judgment of Dissolution of Marriage". For further information, please contact
Attorney G. Edward Murphy at g(309) 691-3970-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
How is Property Distributed as Part of the Divorce?
|
| RETURN TO LIST |
|
Property is determined by the Court to be either "marital" or "non-marital" property. Generally speaking, property that was acquired during the marriage (from the date of marriage through the date of divorce) is considered marital property, to be equitably divided between the parties. Generally, equitable division usually means an equal division, but that is not required to be so by the statute. In fact, numerous cases specifically spell out that equitable distribution does not always mean equal distribution. Non-marital property is that property that a spouse had prior to the marriage, property acquired through gift or inheritance, or property exchanged during the marriage from property that a spouse had prior to the marriage. This is a very simple overview of property definitions and there are many exceptions and issues too numerous to deal with here. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
Does the Title to Property Matter?
|
| RETURN TO LIST |
|
Yes and No. Title to property is not the sole question for the Court to look at in determining whether property is marital or non-marital, but it is a consideration. If you buy a house during the marriage with marital funds, and the house is titled in only one spouse's name, it will still likely be considered marital property. If you take a non-marital asset in one parties name and transfer title to both parties, you may have made a gift of that non-marital asset to the marital estate. These property questions are very complex and require close scrutiny by your attorney before a determination can be made as to whether it is marital or non-marital property. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is Maintenance?
|
| RETURN TO LIST |
|
Maintenance is what used to be termed alimony. It is support paid by one spouse to the other for their support to allow the lesser earning spouse to live a similar standard of living as that held during the marriage. There are numerous factors the Court looks at in determining whether maintenance is appropriate, including the length of the parties marriage, the present and future earnings and income of each party, the financial needs of each party, the standard of living established during the marriage, the age and physical condition of each party, and several other factors. There are no bright line tests as to the amount or duration of maintenance to be paid and it varies from judge to judge, court to court and county to county. This is one area where a qualified attorney is mandatory to properly review the facts and circumstances of your case. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net or call him at (309) 691-3970.
|
| RETURN TO LIST |
What is Mediation and Should I Consider It?
|
| RETURN TO LIST |
|
Mediation is the process of attempting to resolve your dissolution of marriage issues
outside of court through a qualified mediator. However, mediation is not undertaken
by your divorce attorney, but through a qualified third party mediator. At The Murphy
Law Group, besides being divorce attorneys, Attorneys G. Edward Murphy and Theresa B.
Murphy are also certified Family Law Mediators able to undertake joint or individual
mediation cases. Obviously, if we take the case for mediation, that would mean that
neither G. Edward Murphy, Theresa B. Murphy nor any other attorney with The Murphy Law
Group could act as the attorney for either spouse. Mediation would be completed by the
spouses initially over a five hour time period, with both parties and the mediators
working together to resolve all or a portion of the divorce case. The initial cost for
mediation is $750.00 ($150.00 per hour for 5 hours of time). Each party would be
responsible for paying ½ of the retainer at the first appointment. Historically,
mediation has proven successful in reducing the overall costs of the divorce process,
eliminating or reducing the issues in dispute, and allowed the parties a quicker
resolution of the issues involved. However, both parties must be motivated to want
to resolve the case in order for it to be completely effective. Further, under new
Supreme Court Rules, mediation is now required for all disputed custody and visitation
cases. For further information, please contact Attorney G. Edward Murphy at g-edward@sbcglobal.net
or call him at (309) 691-3970.
|
| RETURN TO LIST |