Frequently Asked Questions
Do you have questions? We have answers.
Below, you’ll find the answers to the questions we receive most often. Of course, we understand that you may have questions that are specific to your case – or you might have a question that’s not listed below. In that case, please send us a message on the form on this page or click below to schedule your call!
Family Law FAQs
The length of the divorce process can vary. If your divorce is uncontested, it could be finished in a matter of weeks. If your divorce is contested, and if it has to go to trial, it could take over a year (depending on a variety of factors in your divorce and the availability of the court). Most cases, however, settle well before trial.
Unfortunately, it’s hard to say. The cost of a divorce depends on how many contested issues there are and how long it takes to resolve them and the cooperation of the parties. At Diamond Divorce Law, we offer a flat fee for uncontested divorce cases.
Sometimes. The older the child is, the more the court will take their preference into account.
Yes. Uncontested divorces have the advantage of being over quickly, not running up extensive legal fees and not running into hostility between the parties.
Illinois has established forms and procedures to file for divorce yourself, but there are many decisions that could have long-term effects when dealing with children, real estate, investments, debt. For this reason, our clients have found the process to be much easier once they hire a qualified attorney.
Illinois has guidelines for spousal support, also known as alimony or maintenance. This is based upon the income and assets of the parties. There are online programs you can use to run the numbers yourself, or work with a qualified family law lawyer to see how much you could end up paying or receiving.
The Illinois guidelines to determine child support are based upon the parties’ income(s), as well as the number of children involved and a number of other factors. There are online programs you can use to see how much you could end up paying or receiving for child support, as well, but we recommend working with a qualified family lawyer to determine applicable amounts.
Yes, if the couple has minor children.
Family law issues like divorce, custody, child support, spousal support, parenting agreements and other related issues can be complicated, confusing and overwhelming. Retaining a competent family law attorney can prevent costly mistakes, reduce stress and prevent problems before they happen. In many situations having a competent family law attorney is like having a good coach that understands the rules, the players on the team and the best way to reach your goals.
Whenever you have any concerns or unresolved family law issues, you should consult with a family law attorney. Usually, the sooner the better. When it comes to resolving family law issues, an ounce of prevention usually creates a pound (or many pounds) of cure. In most situations family law issues are easier and less stressful to manage proactively. The longer things fester, the worse they get.
The first and best option is to contact a qualified local family law attorney for advice as to your specific situation. Generally speaking, if your ex-spouse is not complying with a court order they will be subject to contempt proceedings for non-compliance with court ordered payments. They can be ordered to show up in court. If they don’t have an adequate explanation for non-payment, they may be subject to fines or possibly incarceration (that is, going to jail). There are other procedures that may include revocation of driving privileges and other penalties.
If there is no existing court order for support, you should seek a court order specifically ordering the support to be paid, which is then enforceable by the court.
A contested divorce means there are some issues on which the parties are not in agreement. This could be a simple issue such as who gets the dog “Ralph” or a more complicated issue like how will the $10 Million dollars of marital assets be divided between spouses.
An uncontested divorce is a divorce where the parties have already agreed on all issues. The parties may also agree on expedited and simplified procedures that can streamline the divorce process.
In Illinois, if there are minor or dependent children, the court will ask the parties to submit calculations of the amount of child support determined in accordance with Illinois guidelines. If that amount is not being paid, the court must consider and approve the reasons the guidelines are not being followed.
If parents of minor or dependent children are separating, they should have a court order establishing custody. In Illinois, instead of the term custody, it is now called parental responsibility. Parental responsibility includes parenting time and decision-making. Other issues such as child support, medical expenses and the like also should be addressed by a court order so that your agreement on these issues can be enforced by the court if need be. An experienced family law lawyer can be of great assistance with this.
Spousal support was once referred to as alimony or maintenance. It applies to divorces where there is a discrepancy in the earning ability of the parties. In Illinois, there are guidelines for this which include certain considerations when determining whether spousal support will apply, as well as by and to whom it will be paid. There are also guidelines as to the amount that should be paid and the time during which it should be paid. An experienced family law lawyer can assist you in determining whether spousal support will apply in your case and, if so, what the guidelines are for the amount, by and to whom it will be paid, as well as the timeframe for such payments.
The circumstances of each case differ. In some cases, parenting time is split 50/50 and in other cases there are many types of schedules for parenting time. If the parents reach an agreement, the court will usually approve their agreement. If not, the court can order parenting time schedules after considering the evidence and witnesses presented by each of the parents.
There are usually no restrictions on moving unless you have minor or dependent children. If there are minor or dependent children, any moving of the children is restricted by applicable court order(s) as well as certain statutory requirements. There are some regulations that allow moving within a 25 miles radius to certain Chicagoland collar counties. Moving children without complying with the court order can cause major problems and should be avoided. If you have minor or dependent children, please seek advice from a competent family law lawyer regarding your options.
Your rights as a father are the same as the rights of the mother. It is a common misconception that a mother has more rights than a father solely because she is the mother. If a father has a history of being the primary stay-at-home caretaker of the children while the mother is the income provider, the father’s rights would be no different solely because he is the father. If parents don’t agree on custody matters prior to divorce, the court will make a determination based on what is in the best interests of the child (or children). The counsel of a competent family law attorney is essential to avoid mistakes.
Can’t find an Answer?
Wondering how to work with us?
1.
Call to schedule a complimentary consultation (either in person or via phone).
2.
We’ll listen and gather more information about your case, and thoroughly explain your options.
3.
If you decide we’re a good fit, our team will create a plan to move forward.
Estate Planning FAQs
A will is a formal set of instructions to your loved ones and the court telling it what to do with your kids and your stuff after you pass away. If you do not have a lot of assets and you do not anticipate your family fighting over anything, a will may be a good choice.
To enforce a will, a probate lawsuit needs to be filed. Probate cases take a lot of time and can be expensive. It also makes a lot of your private information publicly accessible. If you end up with a messy contested probate case, a lot of money that you wanted to pass on to your family will end up going to lawyers instead of your family. Many families create a trust to avoid this.
A trust is an agreement for someone to hold property for the benefit of another. A trust is created and managed by a trust agreement. Think of a trust like a suitcase – the trust agreement is the instructions of what to do with the things in the suitcase and designates a person (called the trustee) to be in control of the things in the suitcase. And in fact, you can be the trustee and be in control of all your property while you are alive.
A power of attorney is a legal document that gives one or more persons the right to act on behalf of another person as their agent. A power of attorney is very useful if you become disabled because it can allow the person you choose to conduct your affairs. A power of attorney can give your agent the power to manage your property (real estate, investments, etc.) and your health care decisions.
This is a document that allows someone else to manage your personal property and real estate. If you become disabled, having a valid power of attorney for property will allow you to access these assets and sell or transfer them if you need to.
This document allows someone else to make health care decisions for you if you are unable to communicate your wishes. If you are married, your spouse is usually your first choice for this, but it is also important to choose a second person in case something happens and your spouse is not around.
In Illinois, a transfer on death instrument allows the owner of residential real property (a home) to choose one or more people who will receive an interest/ownership in the property upon the owner’s death. This instrument allows your house to directly pass to the people you want without having to go to court or pay a title company a bond to sell or refinance the property.
Clearly tell the court who you want to take care of them. When parents pass away and leave minor children behind, a guardian needs to be appointed by the court to take care of the children. You can clearly tell the court who you want to be appointed by creating and properly signing a will that clearly explains who you want to take care of your kids.
When choosing who should take care of your kids, you should have at least a first, second, and third choice. You also want to make sure that some of these people are younger, in case something happens a little further down the road.
A second critical part of making sure your kids go to the right person is a temporary guardianship. A temporary guardianship clearly shows the court who you want to take care of your kids. If you are disabled, a temporary guardianship can also protect your kids from being in the custody of the State while a guardian is formally appointed. This is a critical part of any estate plan that is frequently overlooked.
A temporary guardianship form to authorize your first choice to be a guardian if you are disabled and unable to care for your kids. This may avoid your kids being temporarily in the custody of the State while a court case is opened for a judge to formally appoint a guardian.
A medical power of attorney so you can authorize a family member or babysitter to have access to your children’s medical information.
A HIPPA authorization form for each of the kids for the same reasons listed above.
Coordination with your accountant, financial planner and insurance provider to make sure your team knows your wishes and your plan and works together to make sure everyone is taken care of the way you want.
Leave clear instructions on what to do with it. You could just leave your family a nice letter, but there’s no guarantee they will follow your directions and wishes. The two most common ways of providing instructions on what to do with your stuff are through a will or trust. A will allows your family to go to court to enforce your wishes. A trust usually avoids the trip to the courthouse and puts a family member you choose in charge of getting your stuff to the right people.
It depends on who is on the title of the home and how much control you want over who it goes to. For most married couples, the house is owned by both you and your spouse with rights of survivorship. That means if one of your passes, the house automatically goes to the other.
The tricky question is what happens to the house if you are the only owner or both you and your spouse pass away. In this case, the state of Illinois will tell your family who gets the house (through the laws of succession). If you want to do something different, a will or a trust will allow you to decide who gets the house.