I am seeking a divorce from my spouse. The situation is this she voluntarily left the home last year in May and decided to separate from me because we could not get along. We argued and fought consistently. On this particular day, May 15th, 2016, she decided that she did not want to stay in the home with me anymore. She moved into her cousin's housed and She has since moved out of the State of Illinois. I have a few questions, would it be possible to get a divorce on the grounds of desertion, because she voluntarily left and has been gone for a year with no intention to reconcile? Second question is she stated that if we ever got a divorce she would be entitled to spousal support because she had to endure "mental and physical cruelty" and that I would have and that I would have to pay child support (for children that aren't mine, nor were they legally adopted) since we were married for 5 years. Is this true?
Your first question would get a "Yes" a couple of years ago, but in January, 2016, the law changed. Now there are no "grounds" for obtaining a Divorce: just that Irreconcilable Differences" have let to an irretrievable breakdown of your marriage. The answer to the second question is: no, there is no "child support happens when you are married to someone with kids after X years" law in ANY state, much less Illinois. Maintenance will not be decided upon the misconduct of the parties, as much as the length of the marriage, differential of income, needs of the parties, the length of time apart, and other factors. Hire an experienced Family Law Attorney, who will know all these things and more that you haven't thought of.
First, desertion is no longer grounds for divorce in IL, so the issue is irrelevant for those purposes. Now there is only one ground for divorce - irreconcilable differences. Second, you will not be ordered to pay child support for a child that is not yours. Third, the issue of spousal support (maintenance) will be a factor of your respective incomes - it will have nothing to do with allegations of cruelty. Due to the short marriage and the fact that she has (seemingly) been able to support herself for a year will likely work against her. Consult with an experienced family law attorney for more detailed advice about your particular situation.
In Illinois the only grounds for divorce are irreconcilable differences. All other grounds have been eliminated as of January 2016. Your entitlement to maintenance/spousal support will not be affected by any claimed mental cruelty. You would not have to pay child support for any children that are not yours biologically, or that you did not adopt, regardless of the length of the marriage. You should seek the assistance of counsel to go through all of the financial aspects of your case to ensure to receive everything you are entitled to. Most offer free consultations.
You might have an obligation to pay child support if the child was born during your marriage, and if no other father has either stepped forward to act as the biological father, and if parentage circumstances were unknown to you for certain periods of time.
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