Frequently Asked Questions
When going through a divorce, most people don’t know what to expect. From the length of the divorce to the cost and everything in between, there are many unknowns. Relax. This is why it is important to have a seasoned Chicago divorce lawyer representing you. With proper guidance and counsel from the attorneys at The Taradash Group, P.C., you will get through this. Below is a list of Frequently Asked Questions from people such as yourself.
- What are the Grounds for my Divorce?
- How Long Will my Case Take?
- What is Marital Property?
- How Will Marital Property be Divided?
- How is Debt Divided?
- What is Custody?
- What is Mediation?
In Illinois, the most common grounds alleged in a divorce proceeding are “irreconcilable differences.” In a nutshell, “irreconcilable differences” means that the marriage is broken and it can’t be fixed. It wasn’t my fault, it wasn’t her fault, the marriage simply didn’t work.
Other grounds, such as mental cruelty and adultery, do exist but they are not as used as frequently. Discuss your situation with one of our attorneys to see how best to proceed.
2. How Long Will my Case Take?
Filing for divorce is an emotional experience. Most people have never filed for divorce and they don’t know what to expect. Most cases are concluded in six months to a year. Your particular case, however, may be more complex and have issues which will cause it to take longer. Talk with your attorney so you can get a better understanding of how long you can expect your case to wrap up.
3. What is Marital Property?
For the most part, marital property is all property a couple acquires after the marriage. Regardless of how property is titled, if it was acquired after you said “I do,” it probably is marital. The two major exceptions are gifts and inheritances.
4. How Will Marital Property be Divided?
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.
5. How is Debt Divided?
As with property division, courts will divide marital debt (debt which was incurred after the marriage) in an “equitable” fashion. Again, this does not mean equal or 50/50. There are many factors for the court to consider. Discuss this issue with your lawyer.
6. What is Custody?
Custody is the right to make the “major” decisions in your child’s life. The 3 major decision areas are health care, medical and religion. If you and your soon to be ex can discuss the major issues effectively, then joint custody is probably going to be ordered. If, however, you and your ex can’t communicate effectively, then there should be an award of sole custody, whereby one parent makes those decisions.
7. What is Mediation?
If there are issues regarding custody and/or visitation, the judge will send you and your spouse to mediation. Mediation is simply a process whereby you sit down with a neutral 3rd party (the mediator) and try to reach an agreement regarding the custody and/or visitation issues. If you are not able to reach an agreement, then those issues will be decided by the judge.
If you have questions or concerns regarding the divorce process, make sure you are dealing with a competent and experienced Chicago divorce attorney. The family law firm of the Taradash Group, P.C. has the experience you need to successfully guide you through the divorce system. Click here, or call (312) 775-1020 for a free, no hassle consultation.