FAQs

How much will my divorce cost?

This is one of the most often-asked questions and unfortunately, the hardest to answer. The cost of a divorce depends on many factors, including the complexity of the issues, the personalities of each party, and the financial resources available. While any divorce is emotionally charged, the key to controlling the cost of a divorce is maintaining a level head. Our approach to any case is to work together to ensure that all actions and strategies consider the cost and potential benefit to you.

How long does a divorce take?

This is similarly hard to answer. The length of a divorce case can span anywhere from a few months for the most uncontested cases to many years. Much like the varying costs of a divorce, the length also depends on many factors including, but not limited to, the complexity of the issues, personalities of the parties, and financial resources. If parties can reach an agreement, this often shortens the length of a divorce substantially. On the contrary, the more a case requires court assistance, the longer the process will take. Our attorneys will work tirelessly to negotiate your case as efficiently as possible.

Now that divorce proceedings have been filed, what about the kids?

When there are minor children, parties are encouraged to reach an agreement on custody and parenting time. Most courts require parties to participate in mediation as a way to reach a resolution on child-related issues. The court can set a temporary parenting schedule, as well as temporary child support. If the parties cannot reach an agreement or the court otherwise finds it necessary, a child’s representative or a guardian ad litem may be appointed to participate in the proceedings on behalf of the child(ren). Our attorneys are experienced in navigating child-related issues and finding a resolution for your particular circumstances.

Should my soon-to-be ex-spouse and I do mediation?

If there are minor children, most courts make mediation a requirement unless an impediment to mediation exists. Mediation is often a cost-effective way to reach a resolution. If parties decide to participate in mediation, our attorneys work closely with the client and the mediator to achieve the best results. You should discuss your particular circumstances with your attorney to determine whether or not mediation is in your best interest.

I filed for divorce but I’m not the primary income earner. What do I do for money?

At the inception of a divorce case, all parties are required to fill out a financial affidavit which provides for complete disclosure of income, assets, and liabilities. In conjunction with the completion of that financial affidavit, you should discuss the idea of temporary support with your attorney. Temporary support allows the Court to ensure bills are paid and aims to ensure that both parties have access to sufficient marital income or assets from which to live. However, asking the Court for temporary support is not always in the best interest of every client so you should discuss different options and strategies with your attorney. Our attorneys approach each case with a thoughtful eye toward a client’s best interest considering all of the circumstances.

Should I get an order of protection?

When considering domestic violence and orders of protection, the chief concern is safety. In the context of divorce, an order of protection is only one vehicle to ensure someone’s safety. There may be other avenues within the divorce process to achieve similar results that may better suit your circumstances. If you have or are considering filing for divorce, and want to obtain an order of protection, you should discuss this with your attorney.

I heard there was a change in the child support statute, can I modify my child support?

Effective July 1, 2017, Illinois’s child support statute (750 ILCS 505) was modified to consider both parents’ income as well as parenting time when calculating child support. The change in statute alone does not give a basis for a modification. In order to modify your child support obligation, some other change in circumstance must exist. If a party can establish a substantial change in circumstance other than the change in statute, and the Court finds that support should be modified, the Court will apply the new statute to the modified child support obligation.

What is HB4113?

Currently, the courts have the discretion to structure a parenting plan based on the best interests of the children. The statute requires the courts to engage in a fifteen-factor analysis with a focus on the children. Further, the current statute allows the court to take into consideration the unique and specific circumstances of each family unit. Through HB4113, the Illinois legislature is considering a modification to our current parenting time statute that will create a presumption that an equal parenting time schedule should be applied in every situation. There is no exception for domestic violence victims, individuals who live far distances apart, or any other relevant factor a court can now consider in crafting an appropriate parenting plan for a family’s particular and unique circumstances. In order to challenge the presumption, a parent would need to overcome a very high standard of “clear and convincing evidence.” To date, HB4113 has not been passed by the legislature.