Frequently Asked Questions About Divorce in Illinois

Divorce is, unquestionably, one of the most important and most difficult decisions a person can make. Important decisions, like a possible divorce, often prompt prudent reflection that produces serious questions.

Fay, Farrow & Associates, P.C. offers comprehensive divorce services to clients in Naperville and the surrounding communities. Our dedicated attorneys work to understand your wishes and address your concerns. They use this information to develop a thoughtful legal plan that protects your interests.

As part of our comprehensive counsel, we take the time to answer your questions. Below are just some of the questions we often hear from our clients during an initial consultation.

• How Long Does it Take to Get Divorced in Illinois?
• How Is Property Divided in Illinois?
• Am I a Candidate for a Mediated Divorce?
• Can I Get Divorced if the Courthouses Are Closed?

How Long Does it Take to Get Divorced in Illinois?

The duration of divorce proceedings from start to finish depends on the nature and complexity of issues and the willingness of the parties to take reasonable positions. Typically, on the quicker end are divorces with no children and limited assets. In certain circumstances, divorces can be completed within a month.

Even divorces involving children and assets can be resolved quickly if both parties agree on most issues from the outset. Those divorces might be resolved in two to six months.

However, divorces involving a disagreement regarding parenting decisions and parenting time, or divorces involving businesses and other complex assets, may take longer to resolve. A divorce that goes to trial will last significantly longer than a divorce resolved by agreement. These divorces can be expected to take a year, if not longer.

How Is Property Divided In Illinois?

Illinois is an equitable distribution state. This means that the marital property must be divided in an equitable fashion between both spouses. It is critical to note that equitable does not necessarily mean equal. Depending on the situation, a split that is not 50-50 may be the most equitable option.

If one spouse owns any nonmarital property, those assets are separate from the marital property. Therefore, they are not included in the property division process.

Am I a Candidate for a Mediated Divorce?

Generally speaking, most divorces involve some level of collaboration and negotiation with both sides to reach a resolution. Divorce often involves settlement conferences with both parties and both counsel in attendance to try to finalize a settlement. Settlement conferences such as these provide parties with the confidence in having counsel present when they are trying to resolve their issues.

In some circumstances, mediation is appropriate in a divorce. For instance, spouses who do not reach an agreement on parenting issues may be ordered by the court to attend mediation. Typically, the mediation is only between the spouses, without their counsel present, alongside a trained mediator. In some cases, parties participate in financial mediation to resolve those issues.

Spouses who are the best candidates for mediation are those who are willing to work with each other to resolve the divorce in as amicable a manner as possible. If you think you and your spouse can cooperate, mediation may be a quicker and more cost-effective option to resolve issues in your divorce. Fay, Farrow & Associates, P.C. provides mediation services for parenting and financial issues.

Can I Get Divorced if the Courthouses Are Closed?

In rare circumstances, Illinois courthouses may be closed for most proceedings except for emergencies. The courts are adapting to abnormal situations to allow family law attorneys to conduct hearings and pre-trial proceedings virtually. It can even be possible to finalize a case without going to court by submitting settlement documents electronically.

Our attorneys are able to complete most of the work on a divorce or family law case outside of the courtroom. This approach means we can work toward the resolution of your case during courthouse closures and move forward quickly when courtrooms reopen if we need to be physically present in court.

If you have further questions about divorce in Illinois, we invite you to schedule an initial consultation with our firm. Call our Naperville office at 630-961-0060 or use our online contact form.