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If you are considering a dissolution of marriage, you may have several questions and concerns. It can be a difficult time, but it is important to understand the process of family law. Just as each state enforces their marriage laws, the states regulate their divorce laws. Here, we have given you a few things we think you should know when considering a divorce in Illinois.
1. No-Fault Divorce – For the most part, fault doesn’t matter in a divorce. One may think that issues such as adultery, cruelty or abuse should be taken into consideration during a divorce, but for the most part, they aren’t. Like the rest of the US, Illinois follows no-fault divorce laws, meaning that grounds for divorce are not taken into consideration when deciding how marital property should be divided, whether alimony should be awarded or how much child support a parent should pay.
2. Annulments – In many ways, an annulment of a marriage in Illinois is very similar to divorce. You can expect to see the same kinds of property division, child and spousal support arrangements, and court proceedings in an annulment case as in a divorce case. However, annulments are rare and have strict grounds to be able to obtain an annulment. Usually it’s just a Church term.
3. Attorney Fees – Attorneys’ fees are a significant chunk of the cost of divorce. Not only do you pay the attorney’s rate, you may be responsible for paralegals rates, court fees, witnesses, consultants, etc. A majority of attorneys require a retainer. With a retainer, you will pay a couple thousand up front and the attorney will then deduct their rate from the retainer as the case is handled. Once the retainer runs out, you’d most likely be required to refill it.
4. Civil Unions – When it comes to the Illinois marriage and divorce laws, a civil union is similar to a marriage. The dissolution of civil unions follows the same procedures and is subject to the same rights and obligations that are in involved in the dissolution of marriages.
5. Child Custody – Children do not necessarily get a say in their custody preference. Illinois requires judges to determine child custody based on the best interests of the child, if the parents cannot agree. The custody preferences of mature children may be considered, but ultimately it is up to the judge to decide.
6. “Father’s Rights” – Don’t be fooled by a “Father’s Rights” lawyer. This term is just a marketing ploy. A good family lawyer is capable of handling a child custody case, no matter whom they’re representing.
7. Conflict of Interest – If you and your spouse are on good terms you may think using the same attorney would be a smart and financial choice. Not only is it a conflict of interest, it is illegal. An attorney can only represent one party. What is best for one spouse is not necessarily best for the other spouse.
Divorce can be a tricky process and there are other laws you should be made aware of. Call and talk to one of our attorneys for free consultation.