How long will my divorce take?
There are a lot of variables involved regarding the length
of time it takes from start to finish in a divorce case: the
complexity of the issues involved; the attorneys; level of
cooperation between the parties, etc.
Generally speaking, however, the majority of divorce cases
are concluded within 6-12 months of the date of filing.
How much will my case cost?
Again, numerous factors affect the cost of a divorce,
including all those mentioned above. In addition, issues
involving custody and visitation, maintenance, nature and
extent of the property involved are other factors. After
consultation with your attorney, an estimate of the possible
range of cost should be able to be given to you.
Can my spouse and I use the same lawyer?
No. A lawyer is ethically prohibited from representing both
sides of a divorce case. Neither side is required to have a
lawyer, legally, but it is strongly recommended that both
parties have their own attorney to guide and advise them
through the process.
What does "no fault divorce" mean?
Prior to the concept of "no fault" divorces being allowed
in Illinois the party seeking the divorce had to prove
"grounds" (a legally recognizable reason to be divorced, i.e.
mental cruelty, physical cruelty, adultery, etc.). Now,
although these more traditional forms of grounds are still
used, the parties can avoid proving them if they meet the
requirements of a divorce on the grounds of "no fault."
The requirements for a "no fault" divorce in Illinois
are:
1. That irreconcilable differences have caused an
irretrievable breakdown of the marriage.
2. That efforts at reconciliation have been made, have
failed and that future attempts would be unsuccessful,
impracticable and not in the best interests of the family.
3. That the parties have lived separate and apart from one
another for a continuous period of at least 2 years on the
date the divorce case is final, unless they agree to waive the
2 years in which case the period of separation drops to 6
months.
Do we have to live together while the divorce case is going
on?
No. In recent years, however, due to the expense involved with
a divorce and the financial circumstances of the parties more
and more couples find it necessary to continue living together
and somehow "coexist" while their divorce case is pending. By
agreement, the parties can choose to separate from each other
or, if an agreement cannot be reached, the court has the power
to order one of the parties to leave the home.
Is my spouse entitled to my retirement earnings?
Possibly. Illinois is known as a "marital property" State. In
general, marital property is defined as anything acquired
during the marriage until the date the divorce is final. There
are some exceptions to this, but this is the general rule. In
a divorce case "marital property" is to be "equitably"
(fairly) divided. This may, or may not, mean a 50/50 division
of property as many factors must be considered. It would
include pension or other retirement benefits earned during the
marriage.
Regarding the division of property, does it matter who was
the cause of the marital problems?
No. In Illinois, marital property is to be equitably divided
without regard to fault.
How is the amount of child support determined?
Generally speaking, the non-custodial parent will pay child
support to the custodial parent based upon a percentage of the
non-custodial parent's net income, determined by the number of
children. For example, 1 child equals 20%, 2 children 28%, 3
children 32%, etc. The court can deviate from these
percentages under certain circumstances.
What is the legal standard for determining who gets custody
of the children?
If the parties cannot agree on where the children will reside
and the nature of the custodial arrangement, the court will
decide based upon the "best interests" of the children.
Can my children decide which parent they live with?
No. The wishes of the children, while a factor for the court
to consider in determining their best interests, is only one
of many factors involved. There is no "magical" age wherein
the child gets to choose where they live.
What does "joint custody" really mean and how does it
differ from "sole" custody?
There is a misconception that "joint custody" means that the
child or children live half of the time with each parent. In
reality, joint custody has nothing to do with the living
arrangements of the children but, rather, the manner in which
major decisions affecting the children are made.
In a joint custody arrangement, both parents participate in
the major decisions involving the children, including health,
education, religion and extra-curricular activities. In a sole
custody arrangement, the parent having sole custody makes
those decisions.
DIVORCE