Kendall County Divorce Lawyer
Kendall County Divorce Lawyer – Law Offices of Anthony R. Scifo – 847-628-8311 – Free Consultation
Here are some FAQs about getting a divorce in Illinois and related matters including alimony, child support and child custody. To learn more about these or other related matters call our firm to speak with a Kendall County Divorce Lawyer.
Does it matter which spouse files for divorce first?
It does not usually matter who files first. The spouse who initiates the case is the Plaintiff, while the other spouse is the Defendant. It typically costs about $100 more in court fees for the Plaintiff.
How long does it take for a typical divorce proceeding?
The more matters that are causing the parties to disagree generally means the case will take longer. It usually takes about one month for the paper work to complete and to secure a court date. If a divorce case needs to go to a trial, it will take approximately one year to wrap up. Your Kendall County Divorce Lawyer can estimate how long your particular case may require.
Can I start dating during my divorce proceedings? – Kendall County Divorce Lawyer
Legally there is not a problem if you choose to date when your case is pending. However, in practical terms it risks inflaming the situation. Consequently, your spouse may fight against you even harder. Also, exposing your children to a new relationship risks confusion and could impact a decision on custody.
What are the key differences between sole and joint custody?
Joint custody is when each parent has an equal say regarding major decisions. For example, the child’s religious upbringing, schooling and healthcare. The children will typically reside with one of the parents primarily.
Kendall County Divorce Lawyer – Law Offices of Anthony R. Scifo – 847-628-8311 – Free Consultation
What is shared child custody?
Shared custody is a form of custody that increases the time children have with each parent. Talk with your Kendall County Divorce Lawyer for more information about shared custody.
What is the amount of child support I’ll receive or pay?
The amount of support depends on the number of children in the marriage. According to state law, the court calculates child support depending on the paying parent’s net income. The guidelines in Illinois state that for one child: 20 percent of the paying parent’s net income; for two children: 25 percent of the paying parent’s net income; with three children: 32 percent of the paying parent’s net income; for four children: 40 percent of the paying parent’s net income; for five or more children: 50 percent of the paying parent’s net income.
Along with child support decisions, courts will often order a paying parent to cover half of day care costs.
Talk with a Kendall County Divorce Lawyer today at 847-628-8311
Will the court require my spouse to pay my lawyer fees?
The law doesn’t necessitate that one spouse is responsible for the other’s lawyer fees. Although, if one spouse possesses the majority of the resources, the court must require that spouse to assist the other. The burden rests with the spouse requesting financial help for fees. They must demonstrate they are not able to afford them on their own.
What if one spouse files and the other opposes a divorce?
State law permits a spouse to contest the grounds for a divorce. But it doesn’t require the parties to keep living together even if they decide against divorce. Generally, attempts to restrict a divorce are ineffective.
Law Offices of Anthony R. Scifo – 847-628-8311 – Free Consultation
How do I select the grounds for a divorce?
The grounds for irreconcilable differences are on a no fault basis. Essentially, it means that the marriage is broken down due to those differences and is irreparable. To use these grounds, the spouses have to live separate for at least six months. They must agree to move forward on these grounds by waiving a 2 year waiting stage in writing. In some cases, one party may not agree on the waiver. If so, the party who seeks the divorce may still proceed following two years. This is possible due to grounds of irreconcilable differences even without the other’s consent.
For a fault-based divorce, common grounds can include: mental and physical cruelty, prolonged alcohol or drug abuse, irreconcilable differences and adultery. Grounds must be stated in the divorce. Their importance, though, is somewhat symbolic. The particular grounds will not typically have an impact on distribution of property. Also, they won’t affect custody unless the behaviors the grounds allege impact the children. Your Kendall County Divorce Lawyer can advise you on which grounds are most appropriate for your situation.
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What does a legal separation involve?
This is a formal court procedure in which the court grants a decree for a legal separation. The process is in some ways comparable to initiating a divorce in that it requires the filing of a petition for the action. Furthermore, the proceeding may only be filed by the spouse who has not moved out of the marital residence. Simply put, an individual can’t move out of the house and then file the Petition for Legal Separation.
Law Offices of Anthony R. Scifo – 847-628-8311 – Free Consultation
Typically, likely candidates for this form of separation are people seeking to shield their assets from their spouse’s creditors. After the court grants a legal separation, the bills of one spouse aren’t a liability for the other.
Can I bring the children out of Illinois?
State law does not permit permanently leaving Illinois with minor children with no prior leave of court. However, it allows vacations with the children without a court order. This assumes that a spouse notifies they other spouse of the plans.
After filing for divorce when can I obtain support and visitation?
In general, Illinois courts can grant temporary orders as a divorce case is ongoing (basically as soon as it starts). One of the parties can request that the judge issues temporary visitation or support.
Can one Kendall County Divorce Lawyer represent both spouses?
According to professional conduct codes in the state of Illinois, a lawyer cannot represent each party in a divorce. Doing so would be a conflict of interest. A Kendall County Divorce Lawyer is able, however, to represent one spouse in the divorce and prosecute the case on their own without the other spouse having their own legal representation.
Can I reach a settlement by dealing directly with my spouse?
Yes. There’s nothing prohibiting you from communicating with your spouse regarding a settlement.
What if I am unsure that I want to divorce after filing?
It is not uncommon for people to change their mind with respect to divorce even after the proceedings start. Couples who choose to reconcile can do so without dismissing their divorce case. It is possible to simply dismiss the case and, if necessary, refile it again later on.
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Am I more likely to lose a child custody case because I’m male?
The court’s main concern is with the person who is the child’s primary care provider. Without a doubt, this is who typically will have an advantage in custody cases.
Will I need to pay taxes on my child support obligations?
Child support isn’t taxable to the person who is receiving it, and it is not tax deductible for the person who is paying it. On the other hand, spousal support is tax deductible for the payer and is considered to be taxable income for the recipient.
Consult with a Kendall County Divorce Lawyer – 847-628-8311
