Question 1

How does a contested divorce differ from an uncontested divorce?

Accepted Answer

In an uncontested divorce, both spouses agree on all major issues such as property division, spousal support, and child-related matters, making the process faster and less expensive. A contested divorce involves disagreements that require attorneys and possibly court intervention to reach a resolution.

Question 2

How is child custody determined in Illinois?

Accepted Answer

Illinois courts base custody decisions on the child’s best interests. Judges consider factors such as the child’s needs, each parent’s ability to care for the child, the parents’ ability to cooperate, and the child’s relationship with each parent when allocating parenting time and decision-making responsibilities.

Question 3

What is the difference between legal separation and divorce?

Accepted Answer

Legal separation allows spouses to live apart and address issues like child custody and support without ending the marriage. A divorce legally dissolves the marriage entirely. Illinois does not require spouses to obtain a legal separation before filing for divorce.

Question 4

What is spousal maintenance, and how is it determined?

Accepted Answer

Spousal maintenance, also known as spousal support or alimony, is financial support paid by one spouse to the other after separation or divorce. Courts consider factors such as the length of the marriage, each spouse’s income and earning capacity, and the standard of living established during the marriage when deciding whether to award maintenance and in what amount.

Question 5

Can child support be modified?

Accepted Answer

Yes. Child support may be modified when there is a substantial change in circumstances, such as a change in a parent’s income, job status, or the child’s needs. It is important to consult with an attorney before seeking a modification to ensure it is handled properly through the court.

Question 6

What is a prenuptial agreement, and why is it important?

Accepted Answer

A prenuptial agreement is a written contract entered into before marriage that outlines how assets and debts will be handled if the marriage ends in divorce. It can address property division and spousal maintenance, but it cannot determine child custody or support. For a prenuptial agreement to be enforceable, both parties should make full financial disclosures and have independent legal counsel.

Question 7

What is mediation, and how does it work?

Accepted Answer

Mediation is a process in which a neutral third party helps spouses resolve disputes outside of court. It is typically more cost-effective, faster, and less adversarial than litigation. With attorney guidance, couples can reach agreements in mediation that are later converted into court orders, making them legally binding and enforceable.

Question 8

How is property divided in a divorce?

Accepted Answer

Illinois follows an equitable distribution model, meaning marital property is divided fairly but not always equally. Courts consider factors such as each spouse’s contribution to the marriage, their financial situations, and their future needs when deciding how to divide property and debts.

Question 9

Do I need a lawyer if my spouse and I agree on everything?

Accepted Answer

Even when spouses agree on all issues, having an attorney is strongly recommended. A lawyer can ensure that the agreement is fair, accurately drafted, and complies with Illinois law, reducing the risk of future disputes or problems enforcing the terms.

Question 10

Can I modify a child custody agreement after the divorce is finalized?

Accepted Answer

Yes. The allocation of parental responsibilities can be modified if there is a substantial change in circumstances, such as changes in the child’s needs, a parent’s relocation, or a change in either parent’s ability to care for the child. Any modification must be approved by the court.

Question 11

How long does the divorce process take in Illinois?

Accepted Answer

The length of a divorce case in Illinois depends on the complexity of the issues and the level of agreement between the spouses. An uncontested divorce may be completed in a few months, while a contested divorce involving disputes over property, custody, or support can take a year or longer.

Question 12

What is the difference between marital and non-marital property?

Accepted Answer

Marital property generally includes assets and debts acquired by either spouse during the marriage, while non-marital property includes assets owned before the marriage or received individually as gifts or inheritances. In most cases, non-marital property is not divided in the divorce, but marital property is subject to equitable distribution.

Question 13

Will I have to attend court during the divorce process?

Accepted Answer

Whether you must attend court depends on the specifics of your case. Contested matters often require multiple court appearances. In uncontested or simplified divorces, court appearances may be limited or, in some cases, not required beyond a brief final hearing.

Question 14

What happens if my spouse refuses to sign the divorce papers?

Accepted Answer

If your spouse refuses to cooperate or sign documents, the case may proceed as a contested divorce. The court can schedule hearings, review evidence, and ultimately issue orders resolving the disputed issues and finalizing the divorce even without your spouse’s agreement.

Question 15

What is a parenting plan, and is it required?

Accepted Answer

A parenting plan is a written document that sets out how parents will share responsibilities and decision-making for their children after a separation or divorce. It typically addresses parenting time schedules, education, healthcare, and other important issues. In cases involving children, a parenting plan is required and must be approved by the court.

Question 16

Can I relocate with my child after the divorce?

Accepted Answer

Relocation with a child usually requires either the other parent’s agreement or court approval, especially when the move significantly impacts existing parenting time or custody arrangements. The court will consider whether the relocation is in the child’s best interests before allowing the move.

Category Archives: Marital Property and Non-Marital Property

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Category Archives: Marital Property and Non-Marital Property

Looking for a Specific Post?

Select Category

Select Month

The Season of the Premarital Agreement: weddings and engagements

Chicago Divorce Planning for the New Year

“Temporary Relief” during a pending Chicago Divorce Case

Just in Case? Premarital Agreements and Chicago Divorce

Dissipation in Chicago Divorce: using marital funds for non-marital purposes

The Aftermath of Chicago Divorce

We’re Helping Real People Solve Real Problems Everyday

Edward A.

Brittney C.

Ramesh G.

Jitendra K.

Vikas C.

Oluwafemi O.

Koby B.

B. M.

Carlos B.

Lionel C.

Phone (312) 262-5972

Location

CONTACT USRequest Your Case Consultation

Location

Email

Phone

Phone
(312) 262-5972

CONTACT USRequest Your Case
Consultation