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The requirement of living “separate and apart” does not necessarily require that the parties be physically separated.Additionally, periods of living together while attempting reconciliation or continued living in the same residence after the breakdown of the marriage may be considered living “separate and apart” for purposes of the required separation period.However, the financial misconduct of either party once the marriage has failed may be found to have “wasted” marital funds and that party may be required to reimburse the marriage for any such waste. The court can order temporary or permanent maintenance to either spouse, without regard to marital misconduct.The court will consider a number of factors in determining maintenance, such as: Under Illinois law, the wife can return to her maiden name as part of the final judgment, and the husband may not prevent her from doing so. In Illinois, an annulment is called a “declaration of invalidity of marriage.” It is a court order declaring that a marriage is not valid, and therefore should not be recognized by the state.Therefore, you may live in Illinois less than 90 days before filing, but must meet the 90-day residency requirement by the time the judgment is entered.However, if neither party lived in Illinois for 90 days prior to the filing, the petition may be subject to dismissal if another state already had jurisdiction or if Illinois does not have jurisdiction over both parties.The purpose is to determine exactly when the relationship began, whether it is sexual, whether any marital property has been transferred to the new friend, such as by gift, how much money was spent on dating this person, and whether the spouse has said anything that could be used against him or her at trial.Even if everything is on the up-and-up, the result is a lot of unnecessary aggravation and cost.
Depending upon the issues resolved in the settlement, the judge may have questions or require information, such that usually one party, and sometimes both parties, appear in court for a 10-minute presentation to the Judge.Hiring an experienced family law attorney to work with you through the process is highly recommended to help you reach your desired outcome.While Illinois requires grounds for dissolving the marriage, the alleged marital fault or misconduct of either party is not considered in the division of property or in awards of maintenance.As the issues that develop during a case will affect what is required to successfully litigate your case, it is impossible to predict exactly how much it will cost at the start of your case.
Simple uncontested cases will be less expensive, while more complex, adversarial cases will cost more.If you find that you just can’t wait until your divorce is final to start dating again, this article provides a few “do’s and don’ts” of dating before you are divorced.