Handling Divorces in Waterloo and Across Monroe County, Illinois
If you are thinking about filing for divorce, or if you have recently been served divorce papers by your spouse, you probably have a lot more questions than answers. An experienced Illinois attorney can help you understand the legal process and explain your options. Going through a divorce can be an extremely challenging time. You don’t have to go through it alone.
At Stange Law Firm, PC , our Waterloo divorce lawyers work hard to protect our clients’ interests in Illinois divorce proceedings. When there are children involved we hold their interests in the highest regard and do everything we can to ease their transition. From our Waterloo office (by appointment only) we represent clients with family law needs throughout Monroe County, Illinois.
As set forth in their biographies, many of our attorneys have received awards and accolades for divorce and family law. The founding partners at our law firm have been recognized as Super Lawyer Rising Stars for Family Law. Among other awards, Kirk Stange has also been recognized as a Top 100 Trial Lawyer by The National Trial Lawyers.
To learn more about the Monroe County Circuit Court, please go the following link:
- Monroe County Circuit Court: This link has further information about the Monroe County Circuit Court.
To schedule a confidential initial consultation to discuss your specific needs, call our Waterloo divorce lawyers at 618-208-0587 or contact our law firm online.
No Substitute for Family Law Focus in Monroe County, Illinois
Like many areas of Illinois, Monroe County is a place all its own, and that makes its legal community unique. When it comes to Illinois family law issues, we know the kind of information that judges will want to see when they are hearing divorce cases because we only practice family law unlike other general practice firms.
Our attorneys know what it takes to move divorce cases efficiently through the Monroe County Courthouse in Waterloo, Illinois, as well as Madison County and St. Clair County, saving time and money for our clients. We use our vast knowledge of family law to work toward favorable outcomes for our clients.
From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application or view support calculators for Missouri and Illinois. You can also get more information at our Illinois Divorce Attorneys Blog.
Handling All Aspects of Waterloo, Illinois Divorces
As your full-service family law firm, we can advise and represent you on any and all issues that may arise during the divorce process in Illinois, such as:
- Child custody and visitation in Waterloo, IL: Child custody and visitation attorneys in Waterloo, Illinois can help.
- Waterloo, IL Child support: We represent clients in child support matters in Monroe County.
- Spousal maintenance and alimony in Waterloo, IL: Our attorneys are experienced in family law and can help client’s with their spousal maintenance and alimony cases.
- Waterloo, IL Division of property and debts: After a divorce, figuring our division of property and debts can be a difficult task. Our attorneys can help.
- Post-divorce modifications in Waterloo, IL: Modifications after a divorce can be assisted by our knowledgeable attorneys in Monroe County.
- Dissolution of same sex marriages in Waterloo, IL: We represent clients in dissolution of same sex marriage in Waterloo, Illinois.
COMMON DIVORCE QUESTIONS IN ILLINOIS
Grounds for Divorce in Waterloo, Illinois
If you are having issues with your marriage in the State of Illinois then a divorce can be sought for any of the following reasons:
- If your spouse commits Adultery.
- If you enter into a marriage with one person while still legally married to another (Bigamy)
- If you desert your spouse for a whole year
- Attempt to end the life of your spouse
- Addiction to Alcohol/Drugs
- If your spouse is convicted of a felony
- Infecting other spouse with sexually transmitted disease
- Living separate and apart for six months
- Having irreconcilable differences that have caused the irretrievable breakdown of your marriage
In the case of living separate and apart with irreconcilable differences, you must show the court that you work your hardest to keep the marriage in tact but it can not be saved. The court will look at the evidence and determine whether all efforts have been made or it isn’t appropriate for the family to reconcile.
Residency Requirements in Monroe County and Where to File
One of the parties who is seeking a dissolution to the marriage must have been a resident of the State of Illinois for a minimum of ninety days immediately prior to the filing of the action. The action for dissolution may be filed in the county where either party resides.
Name of Court and Title of Action/Parties in Waterloo, Illinois
The action for dissolution of marriage is filed in the Circuit Court. The action that begins the process of the divorce proceedings is called the Petition for Dissolution. The action that removes your marriage is known as Judgment for Dissolution of Marriage. The person who files for divorce is the Petitioner and the other spouse is the Respondent.
Legal Separation in Monroe County
If you and your spouse have been living away from each other but aren’t seeking a divorce then you can look toward a judgment of legal separation.
Simplified Divorce Procedure in Waterloo, Illinois
We all know that a divorce is a difficult matter. However, you may be able to simplify your divorce by filing jointly, if you meet all of the following conditions:
- Neither party is dependent upon the other for support or each party is willing to waive the right to support, and each party understands that consultation with an attorney may help them determine eligibility for support
- The residency requirements have been met
- Irreconcilable differences have caused the irretrievable breakdown of the marriage or the parties have been separated for at least six months
- Reconciliation efforts have failed or would be futile
- There are no children of the marriage and the wife is not pregnant
- The marriage is no older than eight years
- Neither party has any interest in real property
- The parties waive all rights to maintenance / maintenance
- The total fair market value of all marital property is less than $50,000
- The combined gross annual income of both parties is less than $60,000, and neither party has a gross annual income in excess of $30,000
- The parties have disclosed to each other all assets and their tax returns for all years of marriage
- The parties have executed a written agreement dividing all assets in excess of $100 in value and allocated responsibility for all debts and liabilities between the parties
Spousal Maintenance in Monroe County
In years past in the State of Illinois judges were given a lot of power in determining the amount and duration of maintenance awarded in divorce cases. And now as of January, 2018 there are new guidelines in place which use a formula to calculate the amount of maintenance awarded as well as the duration of the payments.
The Formula to Estimate The Length of Divorce Maintenance/Spousal Support Award in Your Case is:
- (Marriage 0-5 years) x (20%)
- (Marriage 5-6 years) x (24%)
- (Marriage 6-7 years) x (28%)
- (Marriage 7-8 years) x (32%)
- (Marriage 8-9 years) x (36%)
- (Marriage 9-10 years) x (40%)
- (Marriage 10-11 years) x (44%)
- (Marriage 11-12 years) x (48%)
- (Marriage 12-13 years) x (52%)
- (Marriage 13-14 years) x (56%)
- (Marriage 14-15 years) x (60%)
- (Marriage 15-16 years) x (64%)
- (Marriage 16-17 years) x (68%)
- (Marriage 17-18 years) x (74%)
- (Marriage 18-19 years) x (76%)
- (Marriage 19-20 years) x (80%)
- Marriages of 20+ years – court shall order either permanent maintenance or the length of the marriage
Formula for Maintenance : Amount – (30% of the payer’s income) – (20% of the receiver’s income)
*The receiver’s new income cannot exceed 40% of the parties’ combined income
Distribution of Property in Waterloo, Illinois
In Illinois, you will be allowed to keep your own personal property such as your clothes and shoes. The court will then divide any shared property, as it deems equitable and just, without regard to who is filing for divorce. The court will consider the following factors when dividing marital property:
- The contribution of each spouse to the acquisition and preservation of the marital and non-marital property
- The dissipation by each party of the marital and non-marital property
- The value of the property set aside to each spouse
- The duration of the marriage
- The economic circumstances of the parties at the time the division of property takes effect
- Any pre-eXisting rights and obligations from previous marriages
- Any prenuptial or postnuptial agreement between the parties
- The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party
- The custodial provisions for any children
- Whether the apportionment is in lieu of or in addition to spousal maintenance
- The reasonable opportunities of each spouse for future acquisition of capital assets and income
- The tax circumstances of the property division
Child Custody (Parenting Responsibilities) in Monroe County
If you are unable to come to an agreement with your spouse, the court will determine custody or parenting responsibilities based on the following factors:
- The wishes of the child’s parents
- The wishes of the child
- The amount of time each parent has spent performing caretaking functions for the child in the 24 months before a case is filed
- Any prior agreement or course of conduct between the parents relating to caretaking functions of the child
- The interaction and interrelationship of the child with his/her parents and siblings, etc
- The child’s adjustment to home, school and community
- The mental and physical health of all individuals concerned
- The child’s needs
- The distance between the parents’ residences
- Whether any restriction on parenting time is appropriate
- The willingness and ability of each parent to place the needs of the child head of the parents’ own needs
- Whether one of the parents is a convicted sex offender
- Any instances of domestic violence or abuse
- The willingness and ability of each party to encourage a close and continuing relationship between the child and other parent
Illinois divorce laws allow a court to interview the child in chambers to ascertain his wishes as to custody and visitation.
Child Support in Waterloo, Illinois
The State of Illinois has enacted child support guidelines that establish the amount of support, which is presumed to be correct. The court may deviate from the guidelines, however, when it finds that the application of the guidelines would be inappropriate, after consideration of the following factors:
- The financial resources and needs of the child
- The financial resources and needs of the parents
- The standard of living the child would have enjoyed had the marriage not been dissolved
- The physical and emotional condition of the child and his or her educational needs
You may also be required to provide health care coverage for the child as part of the child support order.
Name Change in Monroe County
A spouse may request a name change back to their former or maiden name. This request may be granted by the court upon the divorce.
Contact an Illinois Divorce Attorney Representing Clients in Monroe County, Illinois for a Confidential Consultation
If you are contemplating divorce in the St. Louis Metro East in Illinois in Waterloo in Monroe County, call our Waterloo office at 618-208-0587, contact our law firm online. You can also find out more information below:
Monroe County (Waterloo), IL Office (by appointment only): 618-208-0587 Click to learn more about this location. 116 W. Mill Street, Waterloo , Illinois 62298.