Frequently Asked Questions About Illinois Family Law

At SBK Law Group, Illinois residents find up-to-date answers to questions about family law. The following questions and answers below are samples presented as illustrations. The information may not pertain to your unique circumstances. For a personalized analysis of your needs and the issues that you face, consult with one of our family law attorneys.

Question: I’m considering a divorce. What’s the first step?

Answer: Preparing a divorce petition can be a simple or complex process, depending on the nature of your marital assets and whether the divorce is contested or uncontested. Legally speaking, the first step is to file a divorce petition with the district court of your county. A divorce attorney can help you fill out the petition properly and file it correctly to begin the process.

Question: How are investments, retirement accounts, and other complex assets divided during a divorce?

Answer: Individual cases vary greatly. It may take months to divide complex assets. Proper asset division may depend on whether you have a prenuptial or a postnuptial agreement and what is considered marital property. If one spouse has stayed home instead of working for part or all of the marriage, alimony may also be a factor in dividing assets. The sooner you start working with an attorney to determine your assets and decide what really matters to you, the better.

Question: My ex and I have been divorced for some time, but now I need to move for work. How can we update our child custody agreement? Or: My health has deteriorated, and my earnings from employment have decreased. Can I request a modification of my spousal maintenance? Or: I am about to remarry. Will this affect my spousal maintenance?

Answer: Work with an attorney to pursue a modification of your custody order or spousal support order as needed. Moving, getting remarried, health issues, job changes and other life changes are all common reasons to request a modification of the custody and support order(s) contained in your divorce decree. An attorney can help you address these issues efficiently and correctly to present a modification request to the court.

Question: My spouse and I don’t agree on all aspects of our divorce, but we don’t want to go to court. What other options do we have?

Answer: If you and your spouse are struggling to communicate constructively and come to decisions about your divorce, mediation can be an effective form of alternative dispute resolution. A third-party mediator can help resolve the matters you disagree about privately and on your own timetable instead of by a rigid court calendar.

Bring Your Family Law Questions To Our Attention

We look forward to hearing about your concerns and offering our counsel based on years of Illinois family law experience. Reach our Chicago-area law firm by emailing us or by calling 630-427-4407.