Answers To Frequently Asked Family Law Questions
The following are answers to some of the frequently asked questions about family law. For answers to questions about your particular situation, please call us at 708-840-7779 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 the 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?
In general, marital property is both the assets and liabilities acquired by both parties in the marriage. It is considered to be marital once the parties are married. There are, however, some exceptions to this such as inheritances.
In a divorce, once the property is characterized as marital, the court will use what is called the “equitable distribution of property.” This is not an equal split. Instead, many factors are applied to the circumstances at hand to determine this distribution.
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Call our team at LeVine, Ehrman & Horberg Ltd. in Tinley Park at 708-840-7779 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.