Anderson & Boback Family Law Attorneys

If you can't find your spouse and you want to get divorced, the law allows you to do that as long as you follow some rules which are required to show the court that you have done everything you could do to attempt to locate your spouse.  Generally, when you file for divorce , you are required to obtain personal service on your spouse by having the Sheriff or a personal process server: deliver a copy of the summons and the Petition for Dissolution of Marriage with your spouse personally; OR by leaving a copy of the summons and Petition where your spouse lives with someone else who also lives there as long as they are at least 13 years of age and the person serving the paperwork tells that person what they are serving and the person serving follows up with mailing a copy to that address. Personal Service When You Can't Find Your Spouse This service requirement can prove to be impossible if you do not know where your spouse is.  There are cases where people married wi...

A common question when parties are separating into two households is what should they do in regard to finding a new place to live.  Divorcing spouses like to know if they have the option to purchase a home rather than rent a home.  This question is tricky because the answer to this can vary based upon the state a person resides in as well as how far along they are in the divorce process.  For purposes of this article, we are discussing the rules regarding purchasing a home in Illinois during a divorce. Will my spouse be entitled to 50% of a home purchased during the divorce proceedings? All assets and property acquired during a marriage in Illinois, even if a divorce case is pending, is marital property and subject to division, no matter whose name the property is purchased in.  This is very important to understand.  Even if you buy a home in your own name, and you have a divorce case pending, you are presumed to be creating a marital property that is sub...

As soon as you Once you file for Dissolution of Marriage, you can request spousal support.  A request is made through a Motion filed with the Court asking for an award of Spousal Support.  Generally, the motion is for both temporary and permanent spousal support.  You ask for temporary support to get the support payments started during the pendency of the case and ask for permanent support for a final award when the case ends either by Judgement after a trial or Judgement entered by agreement after successful settlement negotiations.  Filing a Motion to Request Spousal Support Once you file your Motion for Spousal Support, your spouse will have time to respond and then the court will schedule a hearing to determine how much support you should receive on a temporary basis.  You can expect 7 days to get the motion before the court, 28 days for your ex to respond, and another 30 days for a hearing to be scheduled.   It is important to note that once th...

Once a divorce is looming, some people change their spending habits.  Some start excessive spending expending money on purchases that they never did before, while others start taking trips or signing up for classes. Is any of this spending appropriate during the time you are going through your divorce? I often run into clients who have been counseled to spend a lot more, apparently to show what that person’s needs are and to validate the request for more money.  I think it is fair to say that this is an emotional time for everyone, and some people are not acting in the right way.  You shouldn’t be spending any differently during a divorce then you would typically  The law in Illinois-domestic relations division, wants everyone to maintain the status quo.  If you always spent $400 a month getting your hair done, then it is not a problem.  But if you never used to go and now you start, the court is going to look at the reasonableness of what the person...

New relationships are typically inevitable after a divorce is finalized. However, someone who is divorced or getting a divorce re-emerges into a completely different dating world.  A lot of the time this person will have feelings they still need to work through relative to their divorce. There may be children from a previous marriage or relationship who are now involved.  The dating world and all that comes with it certainly will be different from the dating world was prior to the person’s marriage. So, what factors does someone need to consider when exploring a post-divorce or post-break up relationship? Tips for New Relationships During the Divorce Process 1.  If Dating While the Divorce is Pending, Be Careful About Spending Money Using money that is “marital” (money earned during the marriage) then you could be charged with dissipation in your divorce case for spending marital money on a non-marital purpose.  This may include vacations with a signific...

The quarantin e memes all over the internet have spoken.  Once quarantine life and shelter in place is over, bathing suit season may be canceled, but the divorce season is coming in full force.  People are growing tired of the mundane day to day routine, the pressures of distance learning and homeschooling, running a household, putting in a fully remote workday, and trying to balance it all with self-care.  Tensions are running high and attitudes are at large. Financial insecurity is problematic.  Perhaps you or your spouse is furloughed or lost your job and the stress of mounting bills and providing for your family is taking its toll.  Everyone is tired of being home, and the uncertainty of when this will end is anxiety-inducing, creating short tempers. 7 Quarantine Tips from a Divorce Lawyer  However, there are ways to manage the chaos and uncertainty of quarantine so as to ensure that you won’t be spending your money on divorce court when all of t...

There is so much information now about the Coronavirus, that it is hard to wade through it all. With so many news stories, some true and some that stretch that truth, it is hard to know what is correct. As a Chicago family law attorneys , we are fielding many calls about the coronavirus and how it affects our clients’ cases. These are some of the most common questions I receive: 1. What is happening to my divorce or family law case now that the Courts are closed? While the court is closed to the public, and you cannot walk in the door like you used to, the courts are still working. The Illinois courts are not closed. The procedures are different, but the courts are still open for business. Last week, I had several hearings that were conducted by Zoom. Some judges are only hearing the attorney’s arguments, and that might be done only with a phone call. In other instances, the lawyers and their clients are signing on to Zoom and a hearing with the client’s testimony is occurring....

If you were at a point where you were ready to finalize your divorce before the COVID-19 pandemic and shelter-in-place order, and now feel unsure about how to move forward, schedule a remote prove-up hearing . Although courts are primarily closed to non-emergency matters, the courts are still running. Judges are still conducting hearings, issuing rulings, and entering orders. They are just working remotely like most of the rest of us. Don’t think that just because a shelter-in-place order has been issued, that your case cannot move forward and that you cannot actually finalize your divorce. In fact, you absolutely can move forward with finalizing your divorce by setting up a remote prove-up hearing. If anything, these virtual hearings may prove to be a more convenient and easier process than an actual in-person hearing. Remote Prove-up Hearings are Available by Mutual Consent In order to move forward with a remote hearing, both parties must consent to have the hearing done remo...