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Common Questions Asked In An Illinois Divorce Case

When an individual is deciding whether to file for divorce, then there are many questions that come to mind related to the divorce, the laws in the state and so on. In such a situation, the individual must keep it in mind that getting the desired information from the beginning can change the overall situation of the divorce case as it leads the way to success or disaster. Here are some commonly asked questions related to divorce in Illinois:

Can both parties hire one attorney?

In Illinois, one lawyer representing both parties in a case, especially in a divorce case, is not allowed. If one partner says to the other that his/her lawyer will represent them both, then it is not a good idea because the lawyer can favor only one party.

After the separation, can an individual start dating?

A partner can give proof of any affairs his/her partner had even if the affair didn’t start until the case was filed, so it is better to keep it secret and the person should not introduce his/her new friend to anyone.

How long will a divorce case take?

Most of the cases take 3 to 4 months in Illinois and some cases take more time than that.

How can an individual prove that his/her spouse is addicted?

Samples of blood or urine can be taken as proof. Other than that, friends or relatives can be contacted who can tell the judge about it.

Can an individual take his/her friend for support when going to meet a lawyer?

Yes, a friend can be taken as he/she can help the person to stay calm and comfortable. Other than that, he/she can also help in remembering any important dates related to the case and the facts.

How much does a person have to spend in a divorce case?

Usually, uncontested divorce cases can be resolved in less than $500 but for contested divorce cases, a person has to spend more. At the beginning, a lawyer cannot tell exactly how much the case will take.

After the divorce, how is the property divided?

The non-marital property is received by the owning partner and the marital property is divided according to the equity as Illinois is an “equitable division” state, so property is divided according to fairness.

A child of how many years can make a decision of where he/she wants to live?

A child who is 18-years-old can decide this. Very young kids are not allowed to decide but they can show their wish to the court. A court-appointed lawyer works with the children and conveys the problems and ideas to the judge; children can also meet and talk with the judge directly.

Can a person keep his/her children from seeing the partner if he/she has not paid child support?

No, a person cannot do this because it can affect the children in a negative way and a person should not punish his/her children by doing this.


Erik Zentz Esq .Attorney At Law

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Common Questions Asked In An Illinois Divorce Case
Category Blog
Posted Friday, March 7th, 2014

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