Frequently Asked Family Law Questions
The following are answers to some frequently asked questions about family law. For answers to questions about your particular situation, please call us at 708-444-4333 for a free consultation with an attorney.
How Long Will My Case Take?
This is one of the most common questions we hear, and yet it is nearly impossible to answer. Generally speaking, the easier it is for both parties to reach agreements about custody, property division and other issues, the faster the process will be. Many uncontested divorces conclude in six months to a year, but contested divorces often take longer to resolve.
What Are Grounds For Divorce In Illinois?
Illinois is a completely no-fault divorce state, meaning that the only grounds for divorce are “irreconcilable differences” (meaning that the marriage is broken and cannot be fixed). If you and your spouse agree that there are irreconcilable differences, you can file for divorce right away. Otherwise, living apart for six months is generally recognized as proof of irreconcilable differences by Illinois courts.
What Is Marital Property And How Will It Be Divided?
For the most part, marital property is all property a couple acquires after the marriage. Regardless of how property is titled, if it was obtained after you said “I do,” it probably is marital property. The two significant exceptions are gifts and inheritances.
Courts divide marital property in an “equitable” fashion. This does not mean equal or 50-50. There are several factors a court must consider when dividing property, including the length of the marriage and the income of the parties.
How Do I Get Started On My Family Law Case?
Call our team at LeVine, Ehrman & Horberg Ltd., in Tinley Park at 708-444-4333 for a free consultation with a lawyer so you can get a better understanding of your case. Prospective clients can also reach out through our online form.