Divorce Overview

Lake County Family Law Attorney in Waukegan, Illinois – Jason R. Mercure

Divorce or “dissolution of marriage” as it is known in Lake County, Illinois, is a term used to describe the legal termination of two parties’ lawful marriage. Besides dissolving a marriage, the Lake County Illinois court will divide property, make orders regarding child custody and visitation in Lake County, and determine child and spousal support. Illinois is a no fault state, which means that either party may obtain a divorce solely on the grounds of irreconcilable differences. The Waukegan, IL and Lake County, IL divorce and family law attorneys of Jason R. Mercure have helped thousands of people dissolve their marriages.

If both parties agree on all of the issues relating to their marriage, an agreement is prepared and filed with the court with no court appearance necessary. If, however, temporary divorce orders in Lake County are needed to address child or spousal support, child custody, or any other matters affecting the family, a hearing will be held on those issues. If the issues regarding the division of property and permanent custody and child support orders cannot be agreed upon, the matter will be set for trial before a judge at the Lake County Illinois Courthouse. In Lake County, IL, a settlement conference will be scheduled approximately one week before the trial in an attempt to settle the issues.

Legal Separation in Lake County, Illinois | Divorce Lawyer

Another type of action, separate from a dissolution, is a legal separation in Lake County, IL. A legal separation greatly resemble an action for divorce except that the parties are not free to remarry. One major advantage of filing a legal separation action in Lake County, IL, is that, unlike a dissolution, there are no residency requirements. A legal separation Waukegan and Lake County is not to be confused with the date of separation. In Lake County, IL, a person does not have to obtain a “legal separation” before filing a divorce.

Annulments in Lake County, Illinois | Divorce Attorney

A Nullity Judgment in Lake County restores the parties to the status of unmarried persons and results in the parties being free to remarry immediately. While a divorce in Lake County, Illinois dissolves the existing marriage, a nullity judgment erases the marriage and its implications from the onset, as though the parties had never married. A Judgment of Nullity, or annulment, in Lake County may be obtained under any of the following circumstances:

1. Fraud
2. Unsound Mind
3. Lack of informed consent to the marriage
4. The husband or wife of the prior marriage was believed to be dead at the time of the subsequent marriage, but in fact was not
5. Bigamy
6. Incest
7. Force, unless afterwards the party who was forced into the marriage freely cohabited with the other party as husband and wife; or
8. Either party, at the time of the marriage, was physically incapable of consummating the marriage, and the incapacity appears to be incurable.

Most people believe that time is a factor in obtaining an annulment in Lake County, IL. That is not necessarily the case. It is true, for most of the conditions, an action must be filed within four years of the discovery of, for example, the facts constituting fraud. Also unknown to most people is that, even though a Judgment of Nullity in Lake County voids the marriage, you may be able to obtain support, a division of property and restraining orders. Children do not necessarily bar a party from obtaining a Judgment of Nullity in Lake County, Illinois.

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Whether you are looking for a Divorce Attorney in Waukegan / Lake County, IL or representation in Divorce, Annulment or Separation cases…you have found your advocate…