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Larimer Law Chicago – Your Trusted Family Law Firm
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What is the difference between legal separation and divorce?In Illinois, a legal separation allows spouses to live financially apart from one another while still remaining married. (i.e. one spouse has gambling problem. Other spouse is protecting assets, etc). Divorce (dissolution of marriage) legally ends the marriage.
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How long does the divorce process take?It depends on the complexity of the case, the Court’s docket, and whether it is contested or uncontested. An uncontested divorce can take a few months. Contested divorces may take a year or more. Divorce can also depend upon who the other counsel is—are they reasonable, willing to try and settle, etc.
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What are the steps to filing for divorce in Illinois?You must file a Petition for Dissolution of Marriage with the circuit court in the county in which you or your spouse reside. Next steps include formally serving your spouse with the Petition and a Summons, your spouse filing an “Appearance” form and Response, financial disclosures, filing pleadings and/or responses as necessary, resolving custody/support/property, and attending court hearings.
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What is a contested vs. uncontested divorce?In a contested divorce, spouses disagree on one or more key issues. In an uncontested divorce, both parties agree on all terms. In some circumstances, a case can begin as uncontested and can become contested as issues arise.
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Can we use the same attorney if we agree on everything?No. In Illinois, an attorney can only represent one spouse/parent. The other spouse/parent may proceed without one (“pro se”) or seek independent legal counsel.
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How is child support calculated in Illinois?Illinois uses an "income shares" model based on both parents’ incomes, overnights, and the number of children. A calculator is available on the Illinois Department of Healthcare and Family Services (HFS) website.
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When does child support end?Usually when the child turns 18 or graduates from high school, whichever is later. In some cases, support may continue for post-secondary education.
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What if my financial situation changes — can I modify child support?Yes. Either parent can request a modification if there is a significant change in income or needs of the child.
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What happens if the other parent doesn’t pay child support?You can seek enforcement through the court or the Illinois Department of Healthcare and Family Services (HFS). Penalties may include wage garnishment, driver’s license suspension, or even imprisonment.
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How do I establish paternity?Paternity can be established voluntarily by signing a Voluntary Acknowledgment of Paternity (VAP), through DNA testing, marriage (in most cases), or by court order.
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What rights do fathers have if they’re not married to the mother?Once paternity is established, fathers can seek parenting time and decision-making responsibilities through the court.
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Can I get custody or visitation if I establish paternity?Yes. You must petition the court, and the judge will determine decision making responsibilities and parenting time based on the child’s best interests.
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What should I bring to my first consultation?Know, or be able to reference, any legal information (marriage certificate, court case number, next court date, etc), financial information (pay stubs, tax returns), and a list of questions.es."
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Will my case go to court?Not always. Many family law cases are resolved through negotiation, mediation, or settlement. However, some may require court hearings.
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How do I choose the right family law attorney?Look for someone experienced in Illinois family law, who listens to your concerns, and explains things clearly. Personal rapport is also important.
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What can I do to prepare for a custody or divorce case?Gather documents, avoid conflict with your ex, stay involved with your children, and follow legal advice closely. Keep your attorney apprised of any pertinent information. Staying organized and respectful helps your case.
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