WILL I HAVE TO ATTEND COURT DURING MY DIVORCE CASE?

Typically, you will need to make at least one, and likely a couple court appearances during your divorce case.  If there are any hearings or a trial scheduled, you will need to be present at these times in order to testify and offer any relevant evidence.  At the very minimum, you will usually have to attend the prove-up date, which is where the settlement agreement or decree is approved by the court.  You will not need to attend the vast majority of the other court dates as long as you have an attorney representing you and he/she appears on your behalf.

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SHOULD I CHANGE THE BENEFICIARIES OF MY LIFE INSURANCE TO MY CHILDREN AFTER A DIVORCE?

This is a topic that is addressed in almost all divorce decrees.  The court wants to make sure the party or parties earning wages have life insurance to protect the children in case of an untimely death.  Generally, the divorce decree will state that the children of the couple must be the beneficiaries of the policy, and the surviving parent will be named as custodian of the policy if the children are under age.  Sometimes, a party can name a different relative as custodian, such as a sibling or parent, but generally the decree will require the surviving parent to serve in such position.  There is also usually a minimum amount of insurance coverage stated in the decree.

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IF A MARRIAGE IS NOT REGISTERED, CAN A COUPLE OBTAIN A DIVORCE?

Occasionally, clients who were married in a private religious ceremony or in a other country come to our office asking for a divorce without ever having registered their marriage in the state or applicable county.  The easy answer is that the courts views are if a couple was never married in their records, a divorce cannot be granted.  However, many times there are still issues that may need to be addressed by the court such as child support and custody, asset/liability division, etc.  To learn more about this unique situation, please feel free to contact one of our experienced family law attorneys.

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HOW DOES THE COURT DETERMINE IF CHILD SUPPORT IS NECESSARY?

Most factors dealing with child support are determined pursuant to Illinois state statute.  However, many clients ask me if they will be eligible to receive child support.  In order to receive support, you must have at least one child born to the parties, not necessarily during the marriage, who is currently under 18 years of age.  Following that, the court will evaluate the amount of time each parent will spend with the child following the divorce, who is the custodial parent, and the expenses paid by each party on behalf of the child, relative to that party's current income.  The court will weigh these factors, and unless the time spent and expenses are close to evenly split or the parties agree, child support would generally be awarded to the custodial parent and the amount will be determined according to state statute.

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IS REAL ESTATE THAT I PURCHASED BEFORE I WAS MARRIED EXEMPT FROM MARITAL PROPERTY?

If you remember from a previous post, property acquired before the marriage is generally non-marital property, while property obtain at any time during the course of the marriage will usually be considered marital property by the court.  In Illinois, there is one exception if the real estate was utilized as a primary marital residence by the couple while they were married, the spouse will have some homestead rights in the property even though it was acquired before the marriage.  Make sure you speak with an experienced divorce attorney regarding all of your property prior to beginning divorce proceedings.

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HOW IS CHILD SUPPORT PAID?

In Illinois, the majority of case where child support will be paid will go through the state disbursement unit.  When a divorce involving child support is finalized, a withholding order will be sent to the payer's employer stating the amount of money that should be withheld from the payer's check every pay period for the purposes of child support.  That money will then pass directly from the employer to the state disbursement unit, which then passes it to the payee.  Obviously, if the payer is unemployed or self-employed, it can become much more difficult to collect if the payer is unwilling to cooperate.

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HOW MUCH DOES A DIVORCE COST?

This is one of the most common questions or firm receives, and unfortunately, there is no easy answer.  Generally, divorces can be accomplished for as little as $1,500 or as much as $150,000.  It really depends on the length and issues of the divorce.  For example, if the two parties are able to agree on all of the outstanding issues, or at least the significant ones (child custody, support, maintenance, asset division, etc.), you could probably finalize the divorce for under $5,000.  However, if the major issues cannot be agreed upon by the parties and require mediation, or even worse, a trial, that is when fees and expenses can rise drastically.  In Illinois, I would estimate the average divorce costs each party $10,000 - $15,000, however, as mentioned earlier, that figure can be reduced by the parties negotiating and reaching agreements on the majority of the outstanding issues.

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