FAQ's
The cost of a divorce in Illinois can vary depending on several factors, such as whether it is contested or uncontested, whether you hire an attorney, whether there are children and the complexity of the issues involved.
If you and your spouse can agree on all issues such as property division, child custody, and support, you may be able to file an uncontested divorce, which is generally less expensive than a contested divorce.
However, if you and your spouse cannot agree on all the issues, you may need to hire an attorney, and the cost can increase significantly. According to a survey by Lawyers.com, the average cost of a contested divorce in Illinois is around $13,800.
It’s important to keep in mind that these are just estimates, and the actual cost of your divorce may be higher or lower depending on the specific circumstances of your case.
The length of time it takes to finalize a divorce in Illinois can vary depending on several factors, including the complexity of the case and whether it is a contested or uncontested divorce.
If the divorce is uncontested, meaning that the spouses agree on all issues such as property division, spousal support, child custody, and child support, the process can be relatively quick. In Illinois, an uncontested divorce can take as little as two to three months to finalize, depending on the court’s docket and scheduling.
However, if the divorce is contested, meaning that there are disagreements between the spouses on one or more issues, it can take much longer. The court will have to schedule hearings to address these issues, which can take several months or even years. It is not uncommon for a contested divorce in Illinois to take six months to a year or more to finalize.
In Illinois, an annulment is a legal process that declares a marriage null and void, as if it never happened. An annulment can only be granted under specific circumstances, and the process for obtaining one is different from that of a divorce. In Illinois, a marriage can be annulled if it was entered into under fraudulent circumstances, if one or both spouses lacked the capacity to consent to the marriage, if one or both spouses were under the age of 18 at the time of the marriage, or if the marriage was not consummated.
In Illinois, obtaining full custody of a child can be a complex legal process that requires demonstrating to the court that it is in the best interest of the child to grant you sole custody.
To be eligible for full custody, you must demonstrate to the court that you are capable of providing for the child’s physical, emotional, and developmental needs and that it is in the child’s best interest to live primarily with you. The court will consider factors such as the child’s age, the child’s relationship with each parent, and each parent’s ability to provide for the child’s needs.
If the court grants you full custody, you will need to negotiate a parenting plan with the other parent that outlines visitation and other arrangements. If you cannot reach an agreement, the court will create a plan for you.
It’s important to note that the custody process can be complex, and it’s best to consult with an experienced family law attorney in Illinois who can help guide you through the process and ensure your legal rights are protected.
In Illinois, child support and maintenance (also known as spousal support or alimony) are calculated based on specific guidelines established by the state.
Child Support: The amount of child support is calculated based on the net income of both parents, the number of children involved, and other factors such as healthcare and childcare costs. Illinois has established a statutory formula for child support based on the “Income Shares” model, which takes into account both parents’ income and the amount of time the child spends with each parent. The exact amount of child support can vary depending on the specific circumstances of the case.
Maintenance: The amount of maintenance awarded in an Illinois divorce is determined by a number of factors, including the length of the marriage, the standard of living established during the marriage, the age and health of each spouse, and each spouse’s earning capacity. The court will consider a variety of factors and make a determination based on the specific circumstances of the case.
It’s important to consult with an experienced family law attorney in Illinois who can help you understand your rights and options when it comes to child support and maintenance in your specific case.