Legal Question in Family Law in Illinois

Re: divorce/rehabilitative maintence

Section 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage enumerates approximately 13 factors as set forth below:

(a) In a proceeding for dissolution of marriage or legal separation

or declaration of invalidity of marriage, or a proceeding for

maintenance following dissolution of the marriage by a court which

lacked personal jurisdiction over the absent spouse, the court may grant

a temporary or permanent maintenance award for either spouse in amounts

and for periods of time as the court deems just, without regard to

marital misconduct, in gross or for fixed or indefinite periods of time,

and the maintenance may be paid from the income or property of the other

spouse after consideration of all relevant factors, including:

(1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party

seeking maintenance;

(2) the needs of each party;

(3) the present and future earning capacity of each party;

(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;

(5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;

(6) the standard of living established during the marriage;

(7) the duration of the marriage;

(8) the age and the physical and emotional condition of both parties;

(9) the tax consequences of the property division upon the respective economic circumstances of the parties;

(10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;

(11) any valid agreement of the parties; and

(12) any other factor that the court expressly finds to be just and equitable.

Hopefully this information assists you in your case. Should you desire an attorney, please contact my office at 847-489-2248.

Michael Przybylski

Attorney at Law

Re: divorce/rehabilitative maintence

In Illinois, an annulment is called a �declaration of invalidity of marriage.� Among the statutory grounds for annulment are that �(1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage.� In these cases, the action for annulment must be commenced �no later than 90 days after the petitioner obtained knowledge of the described condition.�

Another grounds for annulment is that �(2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity.� In these cases, the action must be commenced �no later than one year after the petitioner obtained knowledge of the described condition.�

A third ground for annulment is that �(3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval. The annulment can only be sought by �by the underaged party, his parent or guardian, prior to the time the underaged party reaches the age at which he could have married without needing to satisfy the omitted requirement.�

Finally, a person may obtain an annulment if �(4) the marriage is prohibited.� For example, bigamous marriages and same sex marriages are prohibited in Illinois. An annulment for this reason �may be sought by either party, the legal spouse in case of a bigamous marriage, the State's Attorney or a child of either party, at any time not to exceed 3 years following the death of the first party to die.�

Many of those seeking annulment later in their marriages claim �fraud involving the essentials of marriage� (�The fraudulent representations for which a marriage may be annulled must be of something essential to the marriage relation, of something making impossible the performance of the duties and obligations of that relation, or rendering its assumption and continuance dangerous to health or life.�) and claim they learned about the fraud within the 90-day period.

Maintenance is permitted in annulment only when the court determines that the declaration of invalidity is not retroactive to the date of marriage. Courts cannot do this unless �after a consideration of all relevant circumstances, including the effect of a retroactive judgment on third parties, that the interests of justice would be served by making the judgment not retroactive.�

Rehabilitative maintenance is alimony designed to help someone get back on their feet. The factors which enter into such a determination are many, and include financial resources, length of marriage, etc.