Divorce FAQ

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Get Answers To Your Questions About Divorce

Divorce is fraught with uncertainty. You probably have many questions, from the filing process to the finalization. If you do not know where to turn, seek out an experienced divorce attorney who can help you.

At McCarthy & Allen, our attorneys can answer any questions you have about ending a marriage. After handling hundreds of divorces for clients throughout Illinois, we understand the ins and outs of the many legal proceedings involved.

On this page, we have answered some of the questions that we often hear from our clients.

How do I file for divorce?

The first step in filing for divorce is to complete a dissolution of marriage/civil union document. You can submit this online or file it at your local courthouse. This initiates the process of legally terminating your marriage.

What are the different methods of divorce?

There are a few options for reaching a divorce arrangement. These include:

  1. Traditional litigation: This is when a couple appears before a family law judge, who issues a decision regarding their assets, custody arrangement and other issues.
  2. Mediation: Couples can work with a neutral mediator to reach mutually satisfactory decisions outside of court.
  3. Negotiation: Similar to mediation, couples can work privately to determine how to divide property, pay spousal support, etc.

All marriages and divorces are unique, so you should select the method that works best for you.

How long will my divorce take?

Some divorces take only a few weeks. Others can stretch on for years. Litigating a divorce tends to take longer than alternative dispute resolution methods, but this is not a hard and fast rule. At McCarthy & Allen, we will try to make your divorce go as quickly as possible.

Will I have to divide my assets and property?

If you and your spouse cannot agree on how to divide your assets, the court will decide for you. Courts consider factors such as:

  • The length of the marriage
  • Each spouse’s contribution to the marriage
  • Whether one spouse supported the other financially
  • Whether one spouse contributed to the education and career development of the other
  • The separate assets of each spouse
  • Each spouse’s earning potential

Illinois requires equitable property division, which means that the court’s decision must be fair but not necessarily 50-50. This leaves a lot of room for interpretation. You must advocate assertively for the best outcome available to you.

Why do I need a divorce lawyer?

An attorney is critical in standing up for your rights and advocating for your best interests. Not to mention that trying to navigate the legal world on your own can lead to expensive and time-consuming mistakes. Finally, divorce is not only incredibly complex but also very emotional. A lawyer can see your situation objectively and provide dispassionate advice.

More Questions? Get Help From An Attorney

We have the skill and knowledge to help you with your divorce. One of our staff members can sit down with you to discuss your questions and concerns in greater depth. Reach out to us to schedule an initial consultation about divorce or family law. To contact our Glen Carbon office, call us at 618-307-4099 or toll-free at nap_phone id=”TOLL-FREE-CT-NUMBER-3″], or send us an email.