Differences and Similarities Between Illinois and Indiana Dissolution Law
Each state has their own unique laws as it relates to dissolution of marriages. At the Law Office of Erin M. Wilson LLC, we have attorneys who practice family law in both Illinois and Indiana. There are key similarities and differences between the states regarding dissolutions.
Residency
Illinois
To file for dissolution in Illinois, one of the parties must be a resident of Illinois for ninety (90) days prior to filing. There are no specific county residency requirements.
Indiana
To file for dissolution in Indiana, one of the parties must be a resident of Indiana for at least six (6) months prior to filing. In addition, one of the parties must be a resident of the county where the cause is filed at least three (3) months prior to filing.
Grounds for Dissolution
Both Illinois and Indiana are “no fault” dissolution states, meaning that neither state requires a “fault” reason for the dissolution. In general, both states use the language of “irreconcilable differences” as their basis for dissolution.
Filing for Dissolution
Both Illinois and Indiana start a dissolution action by one party filing a “Petition for Dissolution of Marriage”, in the county where at least one of the parties live.
In Indiana, when filing for dissolution, usually a party will also file their Motion for Provisional Orders. Provisional Orders in Indiana are orders which will set out the rules and expectations of how the parties will behave during the pendency of the dissolution in the Courts. The Provisional Orders will usually address child custody, where each party lives, how the marital homes are being maintained and bills paid, and child support.
In Illinois, separate motions must be filed to address issues such as temporary child support, who will live in the marital home, possible temporary spousal maintenance, etc.
Maintenance (previously known as Alimony)
Illinois
State law allows for spousal maintenance to be considered in a dissolution. There are several factors the Courts will consider when determining if maintenance will be ordered. A few of the factors to be considered are length of marriage, each party’s earning capacity, and each party’s current income level. Maintenance is not guaranteed but is appropriate in many cases.
Indiana
In general, maintenance is not usually ordered in Indiana dissolutions, it is very limited. Trial courts may order maintenance in very specific circumstances: where a spouse is incapacitated, where a spouse is a caregiver for an incapacitated child, and where a spouse needs support while acquiring education or training to get a job. Even if maintenance is granted, the amount and duration can be very limited.
Custody
Both Illinois and Indiana support the ideal that both parents should be involved in the lives of their children. The biggest difference is the terminology each state uses.
Illinois
In Illinois, parents have an Allocation Judgment or Allocation Agreement. “Allocation” refers to how both decision-making about the children will be shared or “allocated” as well as how parenting time will be allocated.
Indiana
In Indiana, there are two types of custody that must be decided: physical custody and legal custody. Legal custody refers to legal decision making for the children. Physical custody refers to which parent the children will live with the majority of time. One parent must be the “custodial” parent for purposes of school registration. However, the term custodial does not give one more parent more legal rights or decision making than the other. The issue of custody will usually be addressed in the final settlement agreement, or sometimes through a “parenting agreement.”
Child Support
Both Illinois and Indiana have laws that spell out how child support works. While child support laws are similar, always be sure you are using a child support calculator for the state where your case is being heard. The child support numbers used between the states are unique to each state.
Finalizing a Dissolution
Illinois
If in agreement on all issues, to finalize a dissolution in Illinois, the Petitioner or sometimes both parties must attend what is a called a “Prove Up” wherein they put on the record that they understand and agree to their final Marital Settlement Agreement. Some courts or judges may allow prove up by affidavit only and not require a party’s appearance, but that is specific to the particular court and judge.
If a case is contested and agreement cannot be reached, the parties may have a trial to have the Court decide all remaining issues.
Indiana
If in agreement on all issues, the parties must file a Waiver of Final Hearing along with their final agreement. There is no requirement to appear before the court.
If the case has outstanding contested issues and settlement has not been successful, the Court will order a Final Hearing. At the final hearing, all evidence will be considered, arguments will be made, and the Judge will make a decision on the final issues.
The Law Office of Erin M. Wilson LLC is available to help you navigate a dissolution in Lake County, Indiana and Cook, Will and DuPage County, Illinois. Contact The Law Office of Erin M. Wilson LLC to schedule a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.