303 W. Main Street, West Dundee, IL 60118
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100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
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West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Illinois Divorce FAQs

Answers to Common Questions about Divorce in Kane County and Surrounding Communities


How long does the divorce process take?

Marriage dissolution is dependent on the willingness of the parties to come to an agreement on important issues such as child support, alimony/spousal maintenance, allocation of parental responsibility, and asset division. The more the parties can agree on items and reduce conflict, the shorter the divorce process usually takes. Our attorneys have extensive experience with even the most complex divorce issues, and we handle each case with compassion, skill, and proficiency.


What is the difference between legal separation and divorce?

A legal separation allows spouses who choose to live apart from each other to resolve important legal issues such as parental responsibility, parenting time, child support, and spousal support without dissolving their marriage. Legally separated spouses are not allowed to get remarried, and certain spousal rights are retained that would otherwise be terminated during a divorce, such as sharing health insurance.


I bought our home before we were married; is it still considered part of the marital estate?

Generally, property acquired prior to the marriage, as well as property acquired during the marriage as a gift or inheritance, is considered non-marital property. However, there are times when non-marital property can become partially or fully marital in nature. For example, if you bought your house before you were married but made several years of mortgage payments during the marriage, a significant percentage of the house may be considered marital property.


Do I get to keep all of my retirement plan after the divorce?

Probably not. The portion of your retirement plan that was accumulated while you were married is considered part of the marital estate and subject to asset division. To avoid tax penalties, certain specific and technical requirements must be followed during the division of retirement accounts.


If we get divorced, which one of us will the children live with?

This depends on the specific circumstances of your case. It is always in the best interests of divorcing spouses to come to a mutual agreement on the allocation of parental responsibility and parenting time before presenting a parenting plan to the court for approval. Otherwise, the court will decide on the allocation of parental responsibility.


Is it possible to change the terms of the decree after the divorce has been finalized?

When a marriage dissolution is finalized, a final judgment is entered into the court. However, significant changes in circumstances often warrant a post-judgment order modification. For example, when there are job losses, debilitating injuries, relocations, and other major changes, it may be appropriate to revisit and revise the terms and conditions of the original divorce decree. Our attorneys stand by you throughout the divorce process and after it is over to ensure that you can make any necessary changes to meet the needs of you and your family.


My ex is not paying the required child support. What can I do about it?

If the parent responsible for paying child support is not meeting his/her financial obligations, you can initiate enforcement action administratively through the Illinois Department of Child Support Services (DCSS). A post-judgment order enforcement action can also be filed privately through the local circuit court.


Will our divorce case have to go to trial?

Not necessarily. If you and your spouse can agree on the major issues or at least be willing to work cooperatively toward a mutual agreement, your divorce could be settled without the need for costly and protracted litigation. At the Law Offices of Benedict Schwarz, II P.C., it is always our goal to help our clients resolve their issues amicably. Both of our attorneys are certified mediators, and our founding attorney Benedict Schwarz, II has written extensively and given numerous seminars and training sessions on the subject of mediation. We encourage a cooperative approach, but we understand that this is not always possible. We are seasoned litigators, and when necessary, we are ready and able to aggressively advocate for your rights and interests inside the courtroom.


Have More Questions?

For answers to additional questions regarding divorce and family law matters or to schedule a free, no-obligation consultation, contact our office today at 847-428-7725 or 630-200-4882. We serve clients in Kane County, McHenry County, DuPage County, Cook County/Rolling Meadows, Algonquin, Barrington, Barrington Hills, Batavia, Bull Valley, Burlington, Campton Hills, Carpentersville, Cary, Crystal Lake, Dundee, East Dundee, Elgin, Geneva, Lake in the Hills, Pingree Grove, St. Charles, South Elgin, West Chicago, West Dundee, Woodstock, and the surrounding Illinois communities.

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