Chicago Divorce Lawyers

Divorce law proceedings can be complex. However, the overall general steps are as follows:

• One party files a petition for dissolution of marriage, which initiates a divorce case.
• Either party may ask the court for temporary relief relating to parental allocation, financial support, and preserving marital assets. The other party is then served and must respond. Following that, the parties may attempt to negotiate a resolution or, failing that, the case will make its way through court culminating in a trial. The process ends with a finalized judgment either negotiated by both parties or issued by the judge.

Unfortunately, there is not a clear and concise answer. Divorce can be over and done in a week, or it can go on for many years. It all depends on the situation at hand, because every case is different. What we can tell you is that there are numerous factors that will impact the time your divorce will take.

The following factors can affect how long divorce takes:

• Child custody issues
• Business valuation
• An unreasonable lawyer or other involved party
• Complex finances

The above reasons are just a few of the factors in determining how long divorce takes. Every case is different. At the end of the day, if a couple approaches the divorce process with logic and the ability to look at the “big picture” their case will typically take a reasonable amount of time, leaving both parties satisfied at the end.

There are two primary categories to establish grounds for divorce: irreconcilable differences and fault grounds.

Irreconcilable Differences

Irreconcilable differences are essentially “no fault” divorce cases where both parties agree that all resources have been exhausted in their attempts to amend the marriage but to no avail. The union cannot be reconciled and it is impractical and not in the best interest of the family unit to continue the relationship.

When couples state irreconcilable differences as the grounds for divorce they must live separate and apart for two years before the case will be finalized. However, if both parties want the divorce, and it is a non-contested case, the couple may sign a “Stipulation and Waiver of Two Year Waiting Period,” stipulating that both parties have lived a minimum of six months apart before finalizing the divorce. It is important to note that even though the law states, ‘living separate and apart’ it does not necessarily mean physically apart.

Fault Grounds

Fault grounds for divorce are a bit more specific in the criteria and must be proven in the court of law. Even if fault grounds are proven, a judge cannot consider the marital misconduct of a spouse when dividing up marital property or award maintenance.

In Illinois divorces, "marital misconduct" boils down to any behavior that undermines the marital relationship, such as cheating or abuse, which could also be considered reason or "grounds" for divorce in Chicago.

Illinois identifies 10 main “fault” grounds for divorce:

• Adultery
• Infection of a sexually transmitted disease
• Extreme and repeated physical or mental cruelty
• Alcohol/drug addiction
• Impotency
• Felony conviction
• Willful desertion
• Bigamy
• An attempt to kill the other spouse by poison or other means showing malice

When a party alleges any of the aforementioned fault grounds for divorce, they must prove to the court his or her spouse is guilty of the allegation. When an individual files for divorce and alleges fault grounds for divorce, the two year waiting period does not apply.

In Illinois, the filing fee for a divorce case varies by county. For example, it costs $334 to file for a dissolution of marriage in Lake County and $388 to file in the Cook County Circuit Court Clerk’s office. You will also need to pay someone to serve your spouse with divorce papers (this usually costs about $60), and your spouse will have to pay an appearance fee ($250 in Cook County).

During your divorce case, you may face other costs, as well. For example, you might have to pay for court-ordered mediation or parenting classes if the judge decides they are necessary.

If you have a lawyer, you will, of course, need to pay them, as well. In Illinois, the average cost of attorney fees is $10,000.

Ultimately, the cost of your divorce will depend on the specifics of your case. An uncontested divorce with no children, for instance, will be much more affordable than a contested divorce with bitter child custody disputes.

During your initial consultation with your attorney, you should ask them several questions about how they will handle your case. These questions may include:

• How will we communicate throughout my case? – At the Law Offices of Jonathan Merel, P.C., we provide constant communication and excellent response times via phone calls, emails, in-person meetings, and videoconferencing services.
• How much will my divorce cost? – During your consultation, our attorneys can get to know your case and give you an estimate for how much your divorce will cost.
• Should I be talking to my spouse? – You may need to discuss your divorce case with your spouse, but you should not tell them what you have been discussing with your attorney. If you have a hard time communicating with your spouse, your lawyer can advise you of what is and is not appropriate to talk about and even facilitate difficult conversations.
• What do other clients have to say?– Ask about reviews and testimonials from other clients. Often, you can find these on your lawyer’s website.
• Will my spouse try to make things more difficult for me? – If your spouse does not want to get divorced, they may make the process longer, more expensive, and more difficult overall. Fortunately, if you have a skilled attorney, they can detect and help counter your spouse’s tactics and keep the length, costs, and stress levels of your divorce as low as possible.

The questions you ask your divorce lawyer will help you feel comfortable with them and determine whether you are on the same page about your case. The Law Offices of Jonathan Merel, P.C. takes the time to fully understand your situation and offers personalized attention to help you achieve your goals.

When a marriage ends and a couple begins the divorce process, they will have to split their marital assets in a process called property division. Illinois is an equitable distribution state when it comes to dividing marital property, which means the court will divided your marital asses "equitably" rather than splitting them 50/50.

Property distribution is often one of the areas of divorce that generate the most disputes, especially when a couple has a complex financial portfolio. Make sure you have an experienced and relentless divorce attorney on your side to protect your separate assets and ensure you get your fair share of the assets in a divorce.