Commonly Asked Divorce Questions

How long will my divorce take?
The answer to this question is nearly impossible to answer accurately.  A divorce case can be completed within three weeks if both parties are in agreement and if both parties are willing to sign the necessary documents.  A divorce can take literally years if there are significant issues in dispute, including but not limited to child custody, child support, parental visitation, division of marital property, allocation of marital debt and spousal support.

What will my divorce cost?
There are as many different prices for a divorce case as there are attorneys who will charge those prices.  Once again, it is nearly impossible to quote an exact price.  If the case is going to be heard as an uncontested case (agreed upon), many attorneys will quote a flat fee for their services.  Those fees can range from $500.00 in a simple case to $1,500.00 for a more involved case.  If the case is going to be contested, most attorneys will request a retainer to insure payment in advance for work to be performed.  A typical retainer might start at $1,500.00, however, many attorneys request $2,500.00 to $5,000.00. 

Will I lose everything to my spouse?
No.  The court will insure that whatever agreement you enter into is not unconscionable.  In fact, the court may even make recommendations, such as during a pre-trial conference, where the court will attempt to assist in resolving the case.  Be prepared.  Hire a qualified attorney who is intimately familiar with the court system, process, attorneys and judges who practice in your local area.  That attorney will be able to advise you and guide you throughout the process.  The attorney that you hire should be able to provide a range of outcomes depending upon the facts of your particular case.

If I have joint custody, do I have to pay child support?
Unless you have joint physical custody, the child is going to primarily reside with one party over the other.  The party that has the child within their primary care is entitled to child support.  Joint custody is often misconstrued as having equal time.  In fact, the “joint” term refers to joint decision making or joint parenting.  It does not mean equal time.  It does not negate the obligation to pay child support.

Will I have to pay spousal support?
There are several factors that will assist the court in determining whether or not a party will be ordered to pay spousal support.  A portion of the factors include: the income and property of each party; the needs of each party; the present and future earning capacity of the party seeking support; the standard of living established during the marriage and the duration of the marriage.

For additional information see Two Tips To Stop A Divorce Back to the Chicago Child Custody Lawyer home page