Law Firm of Wendy R Morgan

- DIVORCE & LEGAL SEPARATION INFORMATION -_

In dissolution of marriage and legal separation, there are basic issues that have to be resolved either through settlement or by trial. These basics include:

___Click below for Information
- Grounds for dissolution of legal separation
- Property issues include real and personal
- Custody of children and visitation schedules
- Spousal maintenance
- Child support
- Attorney’s fees
- Temporary Provisions (support and custodial)
- Settlement
- Jurisdiction and Enforcement of Judgments

- JURISDICTION -

Jurisdiction may be affected in these four factors:

A. Residency
B. Venue
C. Home state of a child or children under the Uniform Child Custody __Jurisdiction Act.
D. Enforcement of Support and Enforcements of Judgments.

A. Residency:
___In order to pursue a divorce or legal separation in the State of Illinois a party must allege at the time of the prove-up or trial that they have been a resident and domiciliary of the State of Illinois for more than ninety (90) days preceding the filing of their Petition for Dissolution of Marriage or Petition for Legal Separation.
In order to comply with certain Municipal District Requirements, a party must also allege and prove at the time of prove-up or trial that they have been a residence and/or a domiciliary of that particular Municipal, District in Illinois and County where they filed for more than ninety (90) days preceding the time of the filing of their Petition for Dissolution of Marriage or Petition for Legal Separation.

B. Venue:
___Venue refers to in which County a Plaintiff or Defendant may file their action for Legal Separation or Divorce. The proceedings shall be had in the County where the Plaintiff and/or Defendant resides, except as otherwise provided in Section 104 of the Illinois Marriage and Dissolution of Marriage Act, but process may be directed to any County in the State.
___Objection to venue is barred if not made within such time as the Defendant’s response is due. In no event shall venue be deemed jurisdictional. This means that if two (2) parties reside in separate Counties, e.g., Plaintiff resides in Cook County and Defendant resides in DuPage County, and Plaintiff files in Cook County then the Court which will determine the case will be Cook County because the Plaintiff filed first, except in situations where the filing is in the State which is not the Home State of the child (for visitation and custody issues). Therefore, it is very important if two (2) parties are living and residing in separate Counties or States that if one (1) party desires the case to be conducted in their County or State where they reside, that person must file first. However, this is not always determinative of where the case will proceed because   Court will also look at other factors such as where the children have been residing, where the property of the parties is located primarily, and which County or State has the most contacts with the family among other issues and factors.

C. HOME STATE OF THE CHILD (UNDER THE UNIFORM CUSTODY JURISDICTION ACT
    1. The Circuit Courts have jurisdiction to make a child custody determination under the Uniform Child Custody Jurisdiction Act (hereinafter     referred to as “UCCJA”) by initial or modification judgment if this State:
    (a) is the Home State of the child at the time of commencement of the proceedings, or
    (b) has been the child’s Home State within six (6) months before commencement of the proceeding and the child is absent from this State, because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this State; or
    (c) it is in the best interest of a child that a Court of this State or County assume jurisdiction because(1) the child and his parents, or child and at least one (1) contestant, have a significant connection with this State or County, and (2) there is available and the State or County has substantial evidence concerning the child present or future care, protect, training, or personal relationships; or (3) the child is physically present in this State or County and (1) the child has been abandoned or (2) it is necessary and an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependant; or (3) it appears that no other State or County would have jurisdiction under prerequisites substantially in accordance with paragraphs 1, 2, or 3, or another State or County has declined to exercise jurisdiction on the ground that this State or County is the more appropriate form to determine the custody of the child, and (4) it is in the best interest of the child that this Court assume jurisdiction.

    2. Home State of the child is the State or County in which the child immediately proceeding the time and involved has been living with its parents, a parent, or a person acting as a parent, for at least six (6) consecutive months, and in the case of a child less than six (6) months old, the State or County in which the child lived from birth with any of the persons mentioned. However, periods of temporary absence of any of the named persons are counted as part of the six (6) month or other period.

    3. The issues involving the Courts having or exercising jurisdiction to make child custody determinations by initial or modification judgment also applies to visitation issues, parentage cases, and disputes between Counties within the State.

    4. In the event there are two (2) competing Counties or States, the Judges of the two (2) Counties or States are required to conference and discuss the matter to assist in determining which State or County should exercise jurisdiction regarding a child custody, visitation, or parentage matter.

D. ENFORCEMENT SUPPORT PROCEEDINGS AND ENFORCEMENT OF JUDGMENT PROCEEDING-JURISDICTION

___When two (2) parties are living within the same State, particularly in adjoining Counties, Support Enforcement Issues will probably not arise. Support Enforcement becomes an issue of jurisdiction when the parties seeking to enforce a Support Order is enforcing it against a Defendant who resides either outside of the State where the Defendant either resides and/or works or the Defendant works or resides in a distant County within the State.

___Upon request of the Defendant in such situations, the Courts will usually transfer the issue of Support and Financial matters to the State and sometimes the County where the Defendant resides and/or is actively employed.

___However, in post Petition Judgment Venue a recipient of Support or Maintenance may pursue enforcement in the Judicial Circuit where the Judgment was entered or last modified by filing a Petition within that Judicial Circuit and sending proper notice, usually by certified mail or personal service on the Defendant.

___If neither party resides in the Judicial Circuit where the Judgment was entered or last modified, further proceedings shall be held in that Circuit or in that Judicial Circuit wherein either party resides or where the Defendant is actively employed; provided, however, that the Court may in its discretion, transfer matters involving a change in Child Custody choose the Judicial Circuit where the minor or dependant child resides.

___The objection to venue is waived, however, if not made within such time as the response answer is due. Counter relief shall be heard and determined by the Court hearing any matter already pending.

Call 24/7
Locally - 847-259-5700
or
Toll Free - 1(800) WR MORGAN / 1(800) 976-6742
for more information

- Office Hours 8:30 am to 5:30 pm CST -

- Evening Appointments Available -