Frequently Asked Questions

What is the difference between Legal Separation and Divorce in Illinois?

Answer:   A legal separation is a means of distributing property between spouses.  There are special reasons for obtaining a legal separation rather than a divorce but the spouses will remain married.

How long does the entire process take to get my divorce?

Answer:   The length of a divorce can vary.  Some divorces may last 6 weeks while others may last three years.  The length of any divorce usually depends upon the parties’ cooperation.

What if my partner and I never married but have children together and we cannot decide who should have custody?

Answer:   Illinois has special courts that can help resolve this particular issue.  Please call us or stop in for legal advice.

Are there ways to avoid the cost of filing a petition for divorce?

Answer:   If your income is below a certain level, the Courts may waive the filing fees associated with a divorce.  Please contact the Cook County Clerk of the Circuit Court to determine if you are eligible.

Is there a simpler way to get a divorce?

Answer:   Illinois enacted a statute commonly known as the “Joint Simplified Dissolution” procedure.  This statute can be found in the following statute: 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452.  If you qualify, you may be able to use this process.  Please refer to the Cook County Circuit Court’s office or website for further information.

As a grandparent, what rights do I have in visitation and/or custody of my grandchildren?

Answer:   In general, grandparents have no legal right to visit with their grandchildren.  However, there are circumstances where they may have some rights.  Please contact our office for a consultation.

If I file for a divorce, do I have to attend every court date?

Answer:   If you have an attorney, you do not have to attend every court date.  However, you always have the right to attend every court date if you wish.

Are there ways to minimize the cost of my divorce?

Answer:   Yes.  Cooperation between the parties will always result in a lower cost for you.  Another way of lowering costs is for the parties to successfully complete a mediation session.  For more information, set up an appointment with our office.

What can I do if I am not satisfied with my attorney’s performance?

Answer:   According to Illinois Rules of Professional Conduct Rule 1.16, Comment 4 “a client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer’s services.”  However, some cases may differ and we recommend consulting an attorney or the Illinois State Bar before discharging your attorney.

What options do I have if I cannot afford to hire an attorney?

Answer:   Many law schools and the Legal Aid Society offer free or low cost legal service to those who qualify.  To see if you qualify, please contact one of these organizations or schools.

I want to get a divorce but my spouse has been threatening me, what can I do to protect myself?

Answer:   If you feel that you, or anyone else, are in immediate danger – call 911 immediately.  If your spouse has threatened you and you believe the threats are real, contact your local police department immediately.  You do not need an attorney to seek protection from your spouse.

How much does a family law attorney in the City of Chicago usually cost?

Answer:   Please click here for a good description of how fees for lawyers are calculated.  For a consultation on how much we charge, feel free to call or stop in.

What happens if I can afford an attorney but my spouse cannot?

Answer:   This situation will not prevent you from proceeding with your divorce but you may be ordered to pay some of your spouse’s attorney fees.

How will my children be protected if I seek a divorce from my spouse?

Answer:   If custody is disputed, the Court may appoint an attorney for the child or a guardian ad litem.  If this becomes necessary in your case, we would explain the court’s options and which route is in the best interests of your child.

Are there ways to resolve a marital separation outside of the Court system?

Answer:   No.  In order to get a divorce, you must use the legal system.

I want to divorce my spouse but she or he has moved outside the state, what options do I have?

Answer:   This will not prohibit you from getting your divorce.  Please talk to us to determine the best course of action in your particular case.

Do I need any specific reason to divorce my spouse?  What if my spouse has committed adultery?

Answer:   Illinois is a no-fault state which means you do not need a specific reason to divorce your spouse.