FAQ

What is allocation of parental responsibilities?

As of January 1, 2016, the court no longer utilizes the terms custody and visitation. The court will now allocate decision-making responsibilities or parental responsibilities for the minor child(ren) to one or both parents, depending on the best interest of the child(ren). The court will allocate decision-making responsibility in the following areas: education, health, religion and extracurricular activities.

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Do I need to have grounds to obtain a divorce?

Effective January 1, 2016, the court will grant a divorce if one of the spouses was a resident of this state 90 days prior to the commencement of the divorce, or upon a finding of irreconcilable differences.

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How is parenting time determined?

Each case where parenting time, formerly known as visitation, is an issue is different and depends on the facts of the individual case. If the parties are not able to come to an agreement regarding parenting time, then the judge will determine a parenting schedule in the best interests of the child(ren).

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Am I entitled to child support?

Under the Illinois Marriage and Dissolution of Marriage Act, both parents have an obligation to support their minor child(ren). Whether you have to pay child support will depend on facts such as which spouse has the majority of parenting time and what the needs of the child(ren) are.

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Am I entitled to maintenance?

The Illinois Marriage and Dissolution of Marriage Act bases an award of maintenance on multiple factors, including the length of the marriage, the income and property of the parties, the needs of the parties and the earning capacity of the parties. An award of maintenance also considers the contribution of both parties to the marriage, including the parties' homemaking and child-rearing contributions.

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How will our assets be divided?

If the parties cannot agree on how to divide their assets, then a judge will divide the marital assets. The judge should consider factors such as the contribution of each party to the assets and liabilities, the value of the property, the length of the marriage and all other factors listed in the Illinois Marriage and Dissolution of Marriage Act.

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How long will my divorce take?

The length of a divorce case will depend on the parties' cooperation in disclosing and exchanging information, and whether they are able come to any agreements on the issues in the divorce. The more contentious your case is, the longer it may take.

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How much will the divorce cost?

The cost of your divorce will depend on many factors. Certain issues that will increase the cost of your litigation include a lack of cooperation by either party in exchanging and disclosing information, misbehavior by either party resulting in petitions being filed with the court or an inability of the parties to reach an agreement.

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