Legal Question in Family Law in Illinois
My wife has committed adultery. She has conceded this fact to me and I do not expect she would contest adultery as a grounds for divorce. We have a now 18 month old son. I have tried to keep things together for all our sakes and we have sought counseling, but I have now decided that divorce is inevitable. I sought consultation from an attorney several months ago who indicated that given our situation (married five years, in debt with few assets, and upside down on our home), filing for divorce on my own might be the best option to save attorney fees. I want to seek a true 50/50, or shared, custody of our son where he resides equally between us and most all expenses are split, no single residential parent. In Rock Island County, Illinois, however, the pro-se forms for Petition of Dissolution of Marriage with Children appear to be written towards a sole or joint custody agreement. (Reference SIU School of Law self help library)
1. Can I take those petition forms and modify them to reflect a 50/50 custody arrangement? Or, is there a petition form available for this type of parenting agreement? (I did find sample MSA forms for the 50/50 scenario to use as a guide.)
2. I do make roughly double my wife's salary (60k/30k) and plan to offer a percentage for child support. Is child-support still required in a 50/50 scenario? If so, is the standard Illinois 20% mandated or could this be reduced to 10% or whatever I choose to offer? Or court decides? I'm not sure what to present in the petition.
3. There are multiple forms included in the SIU packet. Will I need to draft all of these forms and submit all together or at varying times? Or, how will I know to what extent I need to go? Basically will the court provide any guidance if I try this pro-se?
Bottom line, I'm nervous and uncertain if I can proceed on my own or just accept that I need an attorney. Any input to this concern and the above questions is greatly appreciated.
1 Answer from Attorneys
Of course you're nervous because even if what you propose is reasonable, you have no idea what judges in your jurisdiction will also find reasonable, and in some cases if the wife hires an attorney you could become liable to pay for the attorney. I think you need to find an attorney (check with your local bar association which should have a lawyer referral service, or perhaps a legal clinic, or both) who knows what courts in your area are doing with situations like this. Although there are never guarantees and each case is supposed to be handled on its own merits, that should help. Also, courts do distinguish between the parents' problems and what's best for the child. So it is possible in your area that the grounds for divorce may become less important.
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