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Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Serving Kane, McHenry, DuPage and Cook Counties

Answers to Frequently Asked Questions About Divorce

Call our St. Charles or West Dundee Office for Help!

If you are considering divorce or are currently involved in a family law dispute, you probably have plenty of questions. Without answers, those concerns could turn into paralyzing anxieties. You need to know that there are answers to your pressing matters, and our Kane County divorce attorneys are ready to address them head-on.

Never underestimate the power of having a knowledgeable lawyer on your side! Our firm has been able to help thousands of families throughout Kane County sort through complex and simple family law issues. Below, we have provided a simple guide to common questions that we receive at our office concerning divorce, family law, and other matrimonial law matters in the state of Illinois.


What is a legal separation, and how is it different from a divorce?

A legally separated couple will remain married under the law but will live separate and apart from one another. A legal separation results when the two parties separate, and the court rules on the division of property, alimony, child support, custody, and visitation rights. A legal separation does not terminate certain spousal rights and the marital relationship the way a divorce does.

How long will a divorce take to finalize?

The length of the divorce process will depend on many factors, including the agreement or non-agreement of the parties on issues such as asset division, child custody, child support, and spousal support. The more agreeable the parties, the less time and money can be spent on the divorce. The actual time period can range from 60 days to several years, but our firm is particularly adept at helping couples navigate the difficult terrain of the legal process swiftly.

Can I modify a court order even after my divorce has been finalized?

Once a divorce has been finalized, the court will issue a final judgment for dissolution. Once the judgment for dissolution of marriage has been entered, it is not uncommon to see issues arise in the future. Circumstances such as job loss, pay cuts, or job relocation can affect child custody, parenting time, child support, and maintenance arrangements. By consulting an attorney throughout every step of your divorce as well as after your divorce, you can petition to alter or modify court orders to better suit your family's changing needs.

Can my spouse and I be represented by the same lawyer?

It is often considered to be a conflict of interest for an attorney to represent both parties in a divorce. At the Law Offices of Benedict Schwarz, II P.C., we represent both men and women from all walks of life. Whether your particular matter can be resolved through the process of mediation or litigation, we are ready to put our skills to work for you.

What will happen to my children during a divorce?

A separating couple will need to consider the consequences of many crucial decisions during the process of divorce. Some of the most important decisions will involve the children. Separating couples must come to agreeable terms regarding child support and child custody. With the guidance of a skilled professional, you and your former spouse can make sound decisions for the protection of your children based on facts and the children's best interests rather than your emotions.


Do you have more questions that require immediate attention? Do you wish to speak with someone directly? We're ready to listen to you. By addressing any of your anxieties, we hope to provide you with legal counsel that can alleviate your fears and help you move forward.

Contact the Law Offices of Benedict Schwarz, II P.C. today for an initial consultation to speak with us about your decision to divorce or your family law matter.

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