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chapter into a clear path forward.
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 Taradash Given, 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 or Parenting Responsibilities?
- How is Child Support Calculated?
- What Does Child Support Cover?
- What Does Child Support Cover?
1. What are the Grounds for my Divorce?
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.
2. How Long Will my Case Take?
Most cases are concluded in six months to a year. Uncontested divorces can be finished in even less time. 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.
6. What is Custody or Parenting Responsibilities?
Illinois replaced the term “custody” with parenting responsibilities which includes parenting time and decision-making. “Parenting time” is the time that each parent spends with the child. Decision-making relates to the “major” decisions in your child’s life. The 4 major decision areas are education, medical care, extracurriculars, and religion. If you and your soon to be ex can discuss the major issues effectively, then joint decision-making makes sense. If, however, you and your ex can’t communicate effectively, then decision-making responsibility for each of the four major areas can be awarded to an individual parent.
7. How is Child Support Calculated?
The Illinois child support formula takes into account the net incomes of each parent and the parenting time schedule (the amount of time each parent spends with the children). It is important to have your attorney run child support calculations for you as publicly available or AI calculators are notoriously unreliable.
8. What Does Child Support Cover?
Child support is meant to cover a child’s basic needs: clothing, food and shelter. On top of child support, the following expenses are often typically divided between the parents proportionate to their incomes: health insurance premiums, out-of-pocket medical expenses, extracurricular expenses, educational expenses and childcare expenses.
9. How is Maintenance Calculated?
The duration of maintenance is based on the length of the marriage as measured from the date of the marriage until the filing date of the divorce petition. For marriages less than five years, maintenance is 20% the length of the marriage. Each year above that the percentage goes up. At twenty years, maintenance is the length of the marriage or indefinite. The amount of maintenance is based on a formula that takes into account the net incomes of each party.
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 Taradash Given, P.C. has the experience you need to successfully guide you through the divorce system. Click here, or call (312) 775-1020 for a consultation. Consultations for newly filed (or unfiled) cases are complimentary.