How Does A Couple Divide Finances Before a Separation is Filed?
Full Question:
I have been married for six months. My wife left me and will not communicate properly with me. I've offered anything to remedy the problem, which she refuses. The marriage certificate is from Barbados and she will not give me a copy. What are my rights and can I have the union dissolved easily?
06/15/2009 |
Category: Divorce ยป Legal Separa... |
State: Illinois |
#16980
Answer:
In Illinois, a divorce is called a dissolution. The ease of the divorce will depend on whether a no-fault (uncontested) or fault (contested) divorce petition is filed. If the parties are in agreement on the issues such as division of property and financial responsibilities, a simplified procedure is available to obtain a no-fault dissolution. Otherwise, it will be a longer, more involved process, as the court will be required to determine the issues in dispute. A currently married couple divides financial responsibilities by private agreement.
A judgment of dissolution of marriage may be granted in Illinois on the following grounds:
1. Impotence
2. Bigamy
3. Adultery
4. Desertion for one year
5. Addiction to alcohol/drugs
6. Attempted murder
7. Conviction of felony
8. Infecting other spouse with sexually transmitted disease
9. Living separate and apart for two years where there exists irreconcilable differences
If the grounds for the dissolution of marriage is based upon living separate and apart for two years with irreconcilable differences, the court must determine that efforts at reconciliation have failed or are impractical and not in the best interests of the family. Furthermore, if the parties have lived separate and apart without cohabitation for at least six months immediately prior to the filing of the petition, the parties may waive the requirement of living separate and apart for two years by filing a stipulation to that effect with the court.
At least one of the parties to the dissolution action 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.
If the following conditions are met, the parties may file a joint petition for dissolution of marriage:
1. 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;
2. The residency requirements have been met;
3. Irreconcilable differences have caused the irretrievable breakdown of the marriage and the parties have been separated for at least six months;
4. Reconciliation efforts have failed or would be futile;
5. No children of the marriage and wife is not pregnant;
6. The marriage is no older than eight years;
7. Neither party has any interest in real property;
8. The parties waive all rights to alimony;
9. The total fair market value of all marital property does not exceed $10,000;
10. The combined gross annual income of both parties does not exceed $35,000, and neither party has a gross annual income in excess of $20,000;
11. The parties have disclosed to each other all assets and their tax returns for all years of marriage;
12. 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.