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FAQ
- How much does it cost to get a divorce?
- What is a separation agreement?
- How long does a divorce take?
- How can I afford to go through a divorce if my spouse controls most of the money and assets?
- What if my spouse files and I do not want the divorce?
- How does the court typically divide marital property?
- What is the difference between marital and non-marital property?
- Does it matter whose name the home/stock/car is in?
- What happens if my spouse has sold marital assets?
- How does the court decide which parent gets child custody?
- Do mothers normally get custody of the child?
- How is child support determined?
- What are parents' obligations to their children?
- How can I ensure that I receive my child support?
- When is alimony granted?
- Are prenuptial agreements affective in Illinois?
- What is the benefit of a will when I hardly have any assets?
- When do the provisions of a will become effective?
- Why shouldn't I just make a will myself?
- What is an advance health directive?
How much does it cost to get a divorce?
The cost of a divorce is determined by the complexity of each individual case. The more issues in dispute and the more complex the case, the higher the cost. At the Steele Law Firm, we strive to resolve your divorce in the most efficient and cost effective manner possible.
What is a separation agreement?
A separation agreement is a document that can be drafted by an attorney that specifies all parties' responsibilities and division of assets. It can be a useful tool when both spouses can agree amongst themselves to the major issues including child custody. If the court finds that a separation agreement is appropriate (i.e., it does not violate Illinois statute, or is not in the best interest of the child) then a separation agreement will be incorporated into a settlement agreement and will have the same affect as a court order.
How long does a divorce take?
Like many questions in family law, the answer is "it depends." In uncontested matters, divorces can be resolved in a matter of months. In situations where there are many assets, children, or strong emotions, the process can take two years or more. The single most important determining factor is the two spouses' ability to compromise and resolve the required legal issues in a divorce. Another important factor is whether professional evaluation services are needed for real estate or privately held businesses controlled by one or more of the spouses.
How can I afford to go through a divorce if my spouse controls most of the money and assets?
Illinois law has what is referred to as "a leveling of the playing field," which means that if one spouse is not able to properly represent him or herself in court given the size of the marital estate, the court will order the other spouse to contribute legal fees.
What if my spouse files and I do not want the divorce?
Divorce is a highly emotional process. Very frequently an individual may not be psychologically prepared for divorce at the point that their spouse files the case. Sometimes the person who files the case has had many years to work through his or her emotional issues and by the time of filing, is psychologically ready to move on. The other spouse, in contrast, may be totally psychologically unprepared for the proceeding and may desire to contest the divorce.
Illinois law allows a spouse to legally contest the grounds for the divorce, but it does not require that the parties live together even if the divorce can be successfully thwarted. Generally speaking, the Steele Law Firm recommends that informal solicitations towards the other spouse be used to attempt to reconcile the relationship. However, if one of the parties is irretractable in their wish to proceed with the divorce, we usually recommend that the other spouse not legally contest the divorce inasmuch as the cost will be excessive, and even if successful, the marriage truly will not be intact emotionally. Accordingly, the efforts towards restricting the divorce are futile.
How does the court typically divide marital property?
The court follows the guidelines of equitable distribution. "Equitable" does not necessarily mean "equal," however. In other words, if the court finds that it would be fair based on the circumstances to award your spouse a greater share of the marital estate, it will do so. These circumstances include, earning capacity, present employment, non-marital assets, and obligations including but not limited to minor children. Essentially the court is concerned with one party coming out of divorce destitute.
What is the difference between marital and non-marital property?
Basically, marital property is any assets or income acquired during the course of marriage. Generally non-marital property are assets that a spouse owns prior to the marriage, receives as part of an inheritance during the marriage, or assets acquired during the marriage as a result of other non-marital assets. This is a general summary, and there are many exceptions. A case-by-case analysis is necessary. A court will normally not divide a non-marital asset between the spouses, although, like many things in family law, the court will look to the conditions of the parties and may in fact decide that fairness requires some division of non-marital assets.
Does it matter whose name the home/stock/car is in?
NO. The court essentially ignores legal title and applies Illinois statute. For example, a home purchased during a marriage is normally marital property, even if titled in one spouse's name. It is simple matter for a judge to issue and order to add a spouse to a title or take whatever legal action is necessary to ensure the other spouse's ownership is protected.
What happens if my spouse has sold marital assets?
The legal term is called dissipation of assets and a court will look at any claims made regarding such actions. If the court finds that one spouse has improperly used or disposed of marital property, the judge will force that spouse to compensate the person claiming dissipation. This is particularly relevant after divorce proceedings begin, and the spouse in whose name many of the assets are held will sometimes sell marital assets thinking that s/he has that right.
How does the court decide which parent gets child custody?
Illinois, like most states, follows the modern "best interest of the child" standard. The court will look to the child's age, physical and mental health, the parents' lifestyle, evidence of parental instability or substance abuse, and each parent's willingness to assume responsibility for the children. At a certain age of the child, the court will give weight to the child's preference. For example, the court will weigh greatly the preference of a 16-year old in regards to two otherwise fit parents, whereas a child of four-years will be deemed unable to understand the decision and be susceptible to pressure by one parent to go one way or the other.
Do mothers normally get custody of the child?
Many years ago, courts often relied on the "tender years" standard which normally resulted in the mother being considered the appropriate caregiver for a minor child. Today's laws are much more neutral and the courts will look to which parent better satisfies the best interest of the child standard.
How is child support determined?
Illinois statute clearly lays out the percentage of income that should be withheld by the non-custodial parent for the benefit of their children. Under Illinois law, there are certain minimum guidelines for the payment of child support based upon a percentage of the payor's net income. The amount of support is dependent upon the net income of the paying parent. The guidelines in Illinois provide:
One child: 20% of payor's net; Two children: 25% of payor's net; Three children: 32% of payor's net; Four children: 40% of payor's net; Five or more children: 50% of payor's net.
The guidelines are typically employed by the court unless there are extraordinary circumstances. For higher income paying parents, the court may order that support should be less than the guidelines if the children will be paid in excess of their needs. Similarly, the court may order the paying party to pay in excess of the guidelines if the needs of the children exceed the amount of the support. Both of these examples are the exception and not the rule, and courts will typically apply the guidelines.
In addition to child support, courts will frequently make a support-paying parent to pay one-half of day care expenses incurred by the primary custodial parent relative to his/her employment or education.
What are parents' obligations to their children?
Parents have an obligation to provide the necessities of life until the children are emancipated. This duty ends normally, when the child is 18 years old, or 19 years old if the child is still in high school, or when certain other events occur (i.e., joining the military, child marries, etc.). Parents are also expected to provide life-saving medical support. When two parents get divorced, both are expected to continue this support. The non-custodial parent will maintain that support through child support.
How can I ensure that I receive my child support?
When a court issues an order of child support, it also must issue a withholding order. This withholding order allows support to be secured in one of three ways. Most commonly, the court will issue a wage order, which allows for the garnishment of wages or bank accounts. Self-employed persons may have a bond order issued, which requires the person ordered to pay support to post a cash bond to be used if they miss a payment. Unemployed parents may have a reporting order issued, requiring a parent to report their efforts to obtain employment and report any income received.
To ensure that a parent pays his or her child support obligation, the law now prohibits renewal of certain licenses, such as drivers' or professional licenses, for those who are delinquent in paying support.
When is alimony granted?
Alimony, commonly referred to as maintenance, is awarded based on several factors including length of the marriage, age and health of each spouse, ability of each spouse to be self-supporting, and the standard of living the parties enjoyed during the marriage. Although this description is very general, it is safe to say that short marriages between healthy spouses capable of employment rarely result in maintenance, especially if both spouses earn somewhat similar incomes. On the other hand, if a wealthy couple has been married for thirty years and one spouse has been the only wage earner, substantial maintenance is virtually guaranteed.
Are prenuptial agreements affective in Illinois?
It depends. A judge will disregard an otherwise valid prenuptial agreement under certain circumstances such as unconscionability (both at the formation and execution of the premarital agreement), duress, lack of full disclosure by one spouse. Illinois has passed a prenuptial act which, if carefully drafted by an attorney and strictly followed by a client will under most circumstances hold up in court. Unfortunately, many prenuptials are successfully attacked due to poorly drafted/generic forms people get from various sources. Essentially, if you have the assets that require a prenuptial agreement its worth getting it done properly.
What is the benefit of a will when I hardly have any assets?
Even though you may believe your estate may be small, circumstance may arise in an unexpected way. You may be the beneficiary of an unexpected inheritance, or you may win the Golden Casket or the Pools, or a Mater or Endeavor Home. Having a will may also save expense for your estate when you die.
When do the provisions of a will become effective?
The provisions will become effective from the date of death.
Why shouldn't I just make a will myself?
Unless you have appropriate legal expertise, it is unwise to do a home made will, because it is important to ensure that the terms of the will are clear, and it is important to avoid the risk of problems arising in the administration of an estate. It is best to ensure that the terms of your will are professionally drafted by an experienced solicitor an that the will is correctly executed. You should also have the opportunity to discuss with an experienced professional in the appropriate field particular ways in which you wish to distribute your estate. How the will is drafted will make a significant difference when it comes to tax liability imposed on a particular beneficiary. There may be myriad other problems arising in dealing with an estate. It is best to obtain professional assistance if you are to make an informed decision as to distribution of your hard earned assets.
What is an advance health directive?
Advance directives are written instruments allowing you to give instructions ahead of time about your financial or medical affairs. They are used to plan for periods of incapacity (prior to death).
There are four forms of advance directives in Illinois:- Living Wills;
- Durable Powers of Attorney for Healthcare;
- Mental Heath Treatment Preference Declarations;
- and the Illinois Department of Public Health sponsors a DNR Order for decisions regarding the administration of CPR.
