Family Law FAQs

 Posted on January 21, 2021 in Family Law

Divorce is a complex process and it is not uncommon for the people going through it to have a lot of questions. It is essential to get an answer to these so that you fully understand the divorce process and ensure your rights are protected. Below are some of the most frequently asked questions about divorce and family law in Illinois.

How Long is the Separation Period in Illinois?

Illinois does not have a mandatory separation period. If you or your spouse does not agree to the divorce, you may have to live separately and apart from them for six months. After that time, the court will assume that there are irreconcilable differences. You do not have to physically separate from your spouse, but you must live independently of them. If you and your spouse do agree to the divorce, you can divorce immediately.

Can We Settle the Divorce Out of Court?

Many divorce cases do settle before they go to trial. If you and your spouse can agree to all terms, you do not have to proceed to trial. However, you will still have to appear in court at least once so a judge can approve the final terms of the divorce. While you and your spouse both have a right to be at the final divorce hearing, but only one of you is required to appear.

Is Mediation Mandatory in Illinois?

Mediation is the process in which two spouses going through a divorce meet with a neutral mediator. During mediation sessions, the mediator attempts to foster compromise between the couple so they can reach an agreement outside of the courtroom. A family law judge may order a couple to go through mediation, but that is not always the case. The court will typically order mediation when a couple is working through disputes involving children.

Are Parenting Education Classes Mandatory?

Yes. If your divorce involves children, you will have to attend a parenting education class, even if you and your spouse agree to all terms that involve the children. Classes are usually available online or in person.

Can Me and My Spouse Use the Same Lawyer?

No. Even if you and your spouse agree to all terms of the divorce, you cannot use the same lawyer. Your family lawyer will represent your best interests, while your spouse’s lawyer will represent theirs. Representing you both creates a conflict of interest and so, you should each hire your own divorce lawyer.

Do I Need an Illinois Divorce Lawyer?

No one in Illinois is required to use a skilled Hinsdale divorce lawyer when ending a marriage. However, even if you and your spouse agree to all terms, you should still work with an attorney. At the Law Office of Martoccio & Martoccio, our knowledgeable attorneys can advise on the law as it applies to your case, and ensure your rights are protected at all times. We work tirelessly for our clients and will help you secure the fair settlement you deserve. Call us today at 630-920-8855 or contact us online to schedule a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000