Divorce filing

OFlahertyLaw · 2024-11-23T21:10:56+00:00

In Illinois, when a couple is going through a divorce, one spouse may be ordered to pay the legal costs or attorney fees of the other spouse, depending on the circumstances. The purpose is to ensure that both parties have equal access to legal representation, especially if one spouse has significantly fewer financial resources. Here's how it generally works:

Attorney Fees and Costs: Legal costs in a divorce can include attorney fees, court filing fees, and other expenses related to the divorce process. In some cases, one spouse may ask the court to order the other spouse to pay these costs.
Factors the Court Considers: Illinois courts consider several factors when deciding whether one spouse should pay the other’s legal costs. These include: - The financial resources and income of each spouse. - The relative earning capacity of each spouse. - The conduct of the parties during the divorce proceedings (e.g., whether one spouse has been uncooperative or has acted in bad faith). - The needs of each spouse for legal representation and the ability to pay.
Temporary Orders: In some cases, the court may issue temporary orders during the divorce proceedings to require one spouse to pay for the other's legal costs, particularly if one spouse is in a stronger financial position. These orders are usually meant to ensure that both spouses can afford competent legal representation while the divorce is ongoing.
Final Judgment: At the final divorce hearing, the court may decide to award attorney fees or other legal costs to the spouse in need, depending on the financial situation of both parties and any other relevant factors.
Equitable Distribution: Illinois is an equitable distribution state, which means property and debts are divided fairly, but not necessarily equally. If one spouse is ordered to pay the other’s legal fees, this could be part of an overall equitable distribution of financial resources. Ultimately, if one spouse is financially disadvantaged in comparison to the other, the court may decide that the wealthier spouse should contribute to the costs of the divorce, ensuring fairness in the process.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

OFlahertyLaw · 2024-11-23T21:09:27+00:00

Alimony, also known as spousal maintenance in Illinois, is financial support paid by one spouse to the other after a divorce or legal separation. The purpose of alimony is to help the lower-earning spouse maintain a similar standard of living to what they were accustomed to during the marriage, and to help them become financially independent. In Illinois, spousal maintenance is determined based on a few factors, including:

Length of the marriage: Longer marriages typically lead to longer periods of spousal support.
Income and needs of each spouse: The court looks at the financial situation of both spouses, including income, assets, and financial obligations.
Standard of living during the marriage: The goal is to provide a reasonable standard of living similar to what the spouse was accustomed to.
Contributions to the marriage: This includes non-financial contributions, such as raising children or supporting the other spouse's career.
Age and health of both spouses: Older or ill spouses may be more likely to receive alimony, especially if they cannot support themselves easily.
Ability of the paying spouse to support themselves while also paying maintenance.

Determining Amount and Duration Illinois has guidelines for calculating alimony, but courts can deviate from these depending on the circumstances. As of 2024, if the parties have combined gross income under $500,000, the formula for calculating spousal maintenance is based on the difference in their incomes: - Formula: 30% of the higher-earning spouse's gross income minus 20% of the lower-earning spouse’s gross income, with a cap of 40% of the combined gross income of both spouses. This calculation is a starting point, but the court may adjust based on the factors mentioned earlier. The duration of spousal support is generally tied to the length of the marriage. For marriages lasting under 5 years, maintenance may be ordered for up to 20% of the length of the marriage. For longer marriages, maintenance may continue for a longer period, potentially even indefinitely in certain circumstances.

Modifications and Termination Alimony can be modified if there's a significant change in circumstances, such as a change in either spouse's income or health. It may also be terminated if the recipient remarries or either spouse passes away. In all cases, courts in Illinois have wide discretion when determining alimony and may tailor the decision to the unique facts of each case.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

No-Walk-1633 · 2024-11-18T05:31:29+00:00

Get a lawyer. Also, send her an offer just as insulting. Play the same game.

dudefromyork · 2024-11-16T23:32:15+00:00

I can get my lawyer to write a very official sounding letter that says that you have to buy me a Ferrari. Are you going to buy me a Ferrari?

Do exactly what your lawyer tells you and don’t ever lose your temper or raise your voice against her. Record all interactions if your local laws allow.

Movieman_Steve · 2024-11-16T17:13:58+00:00

The judge hopefully will look at the bigger picture on who makes what, what's true and what's not, and will make a good decision that will be good for both but be prepared to possibly be paying for at least 70-80 of the things cause she might put on fake alligator tears in court especially if the divorce involves children.

InevitableNet5712 · 2024-11-16T06:13:50+00:00

I told her I would give her half and not fight it out. Told her I’d pay alimony child support and give her the house all she had to do was get financed and take over payments. She said she wanted all my 401k and filed everything she could and the worst discovery questions ever. My lawyer sent our discovery questions that outlined her cheating and drug abuse and mental illness. She never mentioned any of that to him. At the end of the day we ended up going with what I offered day 1. Both payed around $10,000 to lawyers because she wanted everything and thought she was going to destroy my name and reputation. Waste of time and money.

Dry_FishMan · 2024-11-16T00:08:11+00:00

I’m playing this reverse uno card as we speak gentleman. 😬

tryig2figureitout · 2024-11-15T23:56:51+00:00

This is standard. Don’t worry. I got served a week ago and mine said the same thing funny things is the papers that are being served to her say the same thing. A lot of it will wash themselves out. Just breathe Bro. You can do this.

jimsmythee · 2024-11-15T23:56:23+00:00

That’s the 100% truth. My exwife shot the moon and was so beyond unreasonable in her list of financial demands.

I was way more reasonable in my divorce petition.

Ended up at trial and I got exactly what I wanted. 50/50 custody. $0 alimony for her. I keep my house and my car. She gets half of my 401k.

The just called my list “most reasonable” and basically gave me everything in my petition.

For her? Took her 2 days to stop screaming (according to the kids).

warwww · 2024-11-15T23:37:44+00:00

Why can’t they just go in peace? I don’t understand it.

I mean. Just.leave.and.go. It’s not that hard.

1) File the petition for divorce. You’re “unhappy” blah blah

2) Pack your items at the marital residence

3) If the kids aren’t breastfeeding, please leave them in the home they’ve known all of their lives.

4) Shake hands, maybe a friendly hug.

5) Just leave to find your happiness

Instead we get the smear campaigns, bpd behavior, false allegations, rewriting of history, criminal activity in the form of false police reports, parental alienation.

Good gosh.

Last thing I’ll add. God help you if you’re ok with them leaving. More men need to tell them that they understand their decision and wish them Godspeed.

008muse · 2024-11-15T23:08:58+00:00

Get a bulldog of a lawyer. DONT BE CHEAP. retrainer will run you between 7-10k. Interview 4-5 different ones. They usually offer free or up to $100 consultations.

Have questions ready and maybe send them a basic document prior to your meeting of all assets and debts and both your incomes.

This_Train340i · 2024-11-15T22:55:05+00:00

It's standard. Whatever is not asked for it in the initial divorce petition is waived. Textbook lawyer move, nothing to worry about considering your financial circumstances. She isn't getting alimony or CS so long as your time with the kids is pretty close to 50/50.

Puzzleheaded-Yam1718 · 2024-11-15T22:50:26+00:00

Get a badass lawyer. It’s gonna cost you.

Sad_Hamster_8504 · 2024-11-15T22:40:09+00:00

I got stuck with it even though I married the cheat. Best of luck. If u don’t feel like u should then don’t. I gave up I wanted out

OctinoxateAndZinc · 2024-11-15T22:20:08+00:00

Also in IL.

First offers for settlement are generally BS and they hope you panic and sign.

Outside of Child support (which at most can be agreed to be $0 but either party can request it be revisited) everything is open to negotiation. FYI child support in IL is based on

Over nights (50/50 is 183/183)
income of parent(s)
Factors in who carries insurance for kids

If you're both employed full time and making a decent buck, its all posturing. You'll both be responsible for your own attorney fees.

Do you have your own attorney? Happy to answer any questions you might have. Ive spent almost 30k at this point and would love to save people money.

Slowloris81 · 2024-11-15T22:19:12+00:00

This is typical of all complaints filed in litigation. Don’t read too much into it. Plaintiffs routinely ask for maximal relief understanding they won’t get it. It’s just a framing device.

techrmd3 · 2024-11-15T22:17:57+00:00

yes the ask for the MOON is standard tactic for negotiation

YOU need a properly drafted counter petition to refute the Wifey's claims

Get an attorney get a filing together file it with the Judge way before the initial hearing do initial hearing and go into negotiations

do not fumble the ball on the opening kickoff you have FOUR LONG QUARTERS ahead of you

CulturedGentleman921 · 2024-11-15T22:16:09+00:00

It's just a negotiating tactic.

Title	Divorce filing
Author	Muffettbaby007
Upvotes	13
Comments	22
Date	November 15, 2024 10:04 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1gs81ym/divorce_filing/
Archive Link	https://theredarchive.com/r/Divorce_Men/divorce-filing.1535890 https://theredarchive.com/post/1535890

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