A very simple, uncontested divorce can take from 2 weeks to a couple of months. A hotly contested divorce might take anywhere from one to three years.
2. Will I lose my children
No! Only the parents are getting a divorce. You are not divorcing your children. But remember since divorced parents live in two separate households, neither parent will be able to have 100% of the time that they used to spend with the children. The children deserve to spend quality time with each parent. The amount of time will vary from case to case. You will have an opportunity to work with your spouse to create a workable visitation schedule that's in your children's best interests. If an agreement cannot be reached, the court will intervene.
3. What is the difference between sole and joint custody? In sole custody the children live with one parent called the custodial parent and visit the other parent. The custodial parent makes decisions regarding the children's education, health care, extracurricular activities and religions. On the other hand, in joint custody, both parents share in the decision making process for major issues in the child's life. Joint custody does not necessarily mean that the children spend 50% of their time with each parent. In most joint custodial arrangements, the children live primarily with one parent, and have frequent visits with the other.
4. How is custody determined if the parents cannot agree? If the parents cannot agree on custody in a divorce, the Court determines custody in accordance with the best interests of the child. The Court must look at all relevant factors including:
1. The wishes of the child's parents
2. The wishes of the child as to his or her custodian
3. The interaction and relationship of the child with his parents, siblings and any other person who may significantly affect their best interest
4. The child's adjustment to his home, school and community
5. The mental and physical health of all individuals involved
6. The physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or another person
7. The occurrence of ongoing abuse, whether directed against the child or against another person
8. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
In a contested custody proceeding, a number of other individuals may be involved in your case. An attorney can be appointed by the court to act as your child's representative or as a guardian ad litem. A psychologist, psychiatrist or social worker may be appointed to prepare a custody evaluation for use in the custody determination. These mental health professionals interview the children, parents, and other significant people involved in the children's lives. They formulate an opinion as to which parent would be the best fit for the child based upon their investigation. A written report with specific recommendations regarding custody is prepared. The position and opinion of these attorneys and mental health professionals can be very influential in a court's custody determination.5. How much child support will I have to pay?
Don't forget that both parents are required to support their children. It is assumed that the parent with whom the child resides will spend substantial amounts on the support of the child. For the other parent, child support is determined by State law.
For one child the amount is 20% of the non-custodial parent's net income from all sources.
2 children - 28%
3 - 32%
4 - 40%
5 - 45%
6 or more - 50%
Child support is generally paid by payroll deduction. In addition, a parent may be required to contribute to parochial or private school expenses of a child, day care expenses, health insurance, co-payment, deductible and unreimbursed medical expenses, and college expenses.6. Will I receive or have to pay alimony? It depends on your particular circumstance. Alimony is now called maintenance and there are many factors involved in deciding whether or not a spouse will receive it.
1. The income and property of each party
2. The needs of each party
3. Present and future earning capacity of each party
4. Any impairment of earning capacity due to devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage
5. The time necessary for the party seeking maintenance to acquire appropriate education, training and employment. Or, if the person is the custodial parent, making it appropriate for him or her to not seek employment.
6. The standard of living established during the marriage
7. The duration of the marriage
8. The age and physical and emotional condition of both parties
9. The tax consequence of the property division on each party
10. Contributions and services by the party seeking maintenance to the education, training, career or career potential of the other spouse
11. Any valid agreement of the parties
12. Any other factor that is appropriate7. How is property divided? Property is first classified as non-marital or marital and then divided. Non-marital property is:
1. Property that is inherited or received as a gift
2. Property acquired before the marriage
3. Property acquired in exchange for property acquired before the marriage or in exchange for property that is inherited or received as a gift
4. Property acquired by a spouse after a judgment of legal separation
5. Property excluded by valid agreement of the parties, such as prenuptial agreement
6. Any judgment or property obtained by judgment awarded to a spouse from the other spouse
7. The increase in value of the above kinds of property
8. Income received from the above kinds of property if the income is not attributable to the personal efforts of a spouse. Non-marital property, if kept separate, is awarded to the party who acquired it. It is not divided between the parties. However, there are certain exceptions to this general rule that are too detailed to mention here.Marital property is distributed in an equitable fashion. Remember, Illinois is not a community property state, so property need not be divided on a 50/50 basis. Instead, marital property is divided in accordance with 12 factors that are set out in the statute. Such as:
1. The contributions of each party, including the contributions of a homemaker
2. Dissipation by each party
3. The value of property given to each spouse
4. The length of the marriage
5. The relevant economic circumstances of each spouse, including the desirability of awarding the family home, or the right to live there for a period of time, to the custodial parent
6. Any obligations and rights arising out of a prior marriage of either party
7. Any premarital agreement
8. The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party
9. The custodial provisions for any children
10. Whether the apportionment is in lieu of or in addition to maintenance
11. The reasonable opportunity of each spouse for future acquisition of capital assets and income
12. The tax consequences of the property division8. Will I get a share of my spouse's retirement benefits? Retirement benefits are usually, but not always, divided between spouses on a 50/50 basis. Only those retirement benefits that have accumulated during the marriage are divided this way. Generally, retirement benefits earned before or after the marriage are kept by the spouse who earned those benefits. We have special orders called QDROs (Qualified Domestic Relations Orders) to accomplish this. Don't forget that if you have been married 10 or more years, you are entitled to half of your spouse's social security benefits.
9. What is mediation? Mediation is a voluntary process in which the parties to a divorce work with a mediator to resolve the issues of their divorce. The mediator is a neutral party who is not a decision maker. Instead, the mediator is trained in dispute resolution and helps the parties discuss and create their own solutions to their issues. Generally, parties who mediate their divorces are more satisfied with the outcome and the agreements reached are more likely to last than those terms imposed on the parties in a bitterly litigated divorce.
In a divorce, creating a paper trail is very important. You should try to obtain as much documentation regarding income and assets as possible. Some important documents are:
• Tax returns for the last five years
• Pay stubs
• Bank statements
• Pension, retirement and IRA statements
• Investment portfolios
• Deeds, mortgage and any other documents relating to any real estate you may own
• Will and trust documents
• Charge card or loan statements
• A copy of any Premarital agreement or PreNup you may have entered into. If these documents are available, you should bring them to your initial consultation with an attorney.
The solution to your problem may be easier than you think.