FAQs for Family Law Services
How long does it take to get a divorce in Illinois?
Timeline can vary depending on the complexity of the divorce. If both parties are an agreement with the divorce and it isn’t contested. It can be a quick as 2 months. If parties are not in full agreement, it can take up to 6 months before the divorce begins. With high complex cases taking a year or more.
How is child support determined in Illinois?
In 2017, the state changes their child support laws to an income shared model. This is different from the previous model that was determined simply by percentages of the obligator’s income. In the newer model the incomes of both parties are considered as well as the amount of time the obligator spends with the child.
Can I change my Child Support Payments? How?
The most common way to change your child support is based on the income of one or both parents. In order to make this change you must present this to court to determine is the change is warrant of the agreement. This can include positive and negative changes, ie, (promotions or being laid off).
What is the allocation of parental responsibilities in Illinois?
Legal custody is the allocation of parental responsibilities. In most cases the parents will share legal custody and they will have equal rights and responsibilities in different areas for decision making. However, depending on the needs of the child one parent might have primary responsibility over the other.
What are the 4 areas of parental responsibility that Illinois recognizes?
They are healthcare (inclusion of doctor and medical treatment forms), education (including tutoring and choice of school), religion and extracurricular activities.
What factors would a family court judge consider when determining shared or sole responsibilities?
This depends on the child-related decision-making skills, history of abuse/neglect, and how well the parent encourages the child to have a good relationship with the other parent.
Physical custody is referred to as parenting time. Parents may be able to reach an agreement on how parenting time will be divided.
What is a Parenting Plan?
A document that covered topics such as the rights and obligations of each parent, allocation of responsibilities, schedule parent time and other things related to parents and their children. It’s purpose is to help parents work together to raise their child.
What is the right to refusal?
A provision that can be applied to a situation where a parent is unable to provide care for their children. This will permit the parent to be involved in their child’s life as much as possible.
What is parental relocation?
Parental relocation is the process of one parent moving with a child to another location either in-state or out-of-state.
Does Illinois court favor mothers in child custody cases?
Illinois law is gender neutral when addressing issues related to parenting.
Can parents share joint custody of children in Illinois?
Parents will usually be able to share joint legal custody of their children and parental responsibilities will be allocated equally.