Frequently Asked Questions (FAQs): Divorce Law

A common question from many people seeking a divorce is whether they need a specific reason for requesting the divorce.

Illinois Is a No-Fault State

Today, including Illinois, most states are known as “no-fault” states when it comes to divorce. This means that the reason generally cited is simply “irreconcilable differences,” and no other explanation is expected or needed by the court.

Illinois became truly “no-fault” with the enactment of Public Act 99-90 in January 2016, eliminating any kind of fault-based grounds for divorce.

Regardless of why you are requesting a divorce, it is a good idea to hire an attorney. Robert M. Kaplan is an experienced divorce lawyer in the Schaumburg area, and he can guide you through the divorce process.

Working with an Attorney During Divorce Proceedings Makes Sense

There are several reasons to work with an attorney during a divorce. The division of assets can be complicated, and an attorney’s advice can be invaluable. Child custody agreements can be confusing, and an attorney can help ensure the best for both parents and children.

Using a Schaumburg divorce attorney will help ensure your interests are protected during this emotional time. Having a lawyer can also reduce stress because mistakes are less likely to happen with a professional handling divorce paperwork.

Working with an attorney can also help make sure the divorce proceedings happen on time, and unnecessary delays do not drag the process out. Contact our Schaumburg law firm for a consultation.

If you are planning on or even considering filing for divorce, it is essential to decide whether your divorce should be filed as uncontested or contested.

How to Determine if an Uncontested Divorce Is the Right Step

Uncontested divorces can help streamline the divorce process for couples who qualify, but they are not the right fit for everyone. To help determine if filing an uncontested divorce is the best choice for you and your spouse, consider the following:

• Are you and your spouse in agreement about wanting a divorce? It may sound simple, but the most critical question to ask yourself is if both parties are indeed in agreement about wanting a divorce. If one of you is not committed or has reservations, an uncontested divorce will not be successful
• If you have children together, do you agree on how parenting time will be divided? One of the most common disagreements during divorces is how to divide parenting time. If you both agree beforehand, filing an uncontested divorce can save you considerable time that may otherwise be spent arguing
• Have you and your spouse decided how to divide your assets? Along with parenting time, disputes regarding how to divide physical and financial assets are typically key problem areas in contested divorces. Parties of uncontested divorces know beforehand how joint assets will be handled
• Are the elements of your divorce relatively straightforward? The simpler your overall situation is, the more likely it is an uncontested divorce is right for you

Contact Our Hoffman Estates Law Firm

Contact attorney Robert Kaplan to learn more about uncontested divorces in Hoffman Estates, IL. 

Divorces and legal separations can be difficult, both emotionally and financially. This is especially true if the parties are not in agreement. Perhaps one wants to dissolve the union, and another does not. Maybe the parties can't decide how to divide assets or other details.

Experienced Divorce Attorney

At the Law Offices of Robert M. Kaplan, PC, your Schaumburg, IL attorney can help expedite the process provided all parties can agree on specific terms. Again, divorces and legal separation timeframes come down to mutual party cooperation.

If you both are willing to disclose information freely without undue delay, then the process can go rather quickly. Sometimes, things can be finalized in as little as 45 days to 3 months.

However, if your spouse chooses to be uncooperative and play games, or if there are complex assets to be valued, divorce proceedings can linger for a year or longer.

A divorce statute in Illinois requires a parenting plan to be entered within 120 days of the filing of the Petition for Dissolution of Marriage.

Contact Our Schaumburg Law Firm

Do you have more questions about the divorce process in Cook County? Please contact our law firm for a consultation or if you have questions about divorce in Schaumburg, IL.  

This depends on a number of variables, including whether you have children, personal property to argue about, and the actions of your spouse. If you have children and cannot agree on a shared parenting agreement, it can be expensive. If you have personal property and cannot agree on its division, it can be expensive. If your spouse simply wishes to argue about everything, it can be expensive. However, the more items you and your spouse can agree upon, this will save you money.

Items That May Make a Divorce More Expensive

Other issues that may make your divorce more expensive include highly emotional variables such as children with health needs, if your spouse has a personality disorder, and if maintenance or alimony is at issue. However, with the proper lawyers on both sides of the equation, your divorce or legal separation can be amicable and reasonably priced.

If you are filing for divorce in the state of Illinois, you can expect to pay filing costs of anywhere from $200 to $400 to get the legal process rolling. The best advice is always to check with your Rolling Meadows, IL divorce attorney Robert M. Kaplan.

Joint Simplified Dissolution Procedure in Schaumburg

There are different types of divorce, and the least expensive is called a Joint Simplified Dissolution Procedure. Couples who make less than $60,000 combined gross income and who have not been married for more than eight years and have no children together might be eligible for this type of divorce.

Often couples who are filing jointly for separation can file at a lower fee if they agree on such items as maintenance (fka alimony) and child support and child custody* arrangements. It is worth noting that a divorce involving children will always be a bit more expensive than one in which no children are involved.

Couples might be able to avoid a court date altogether if they can agree in writing to a plan. If they cannot agree in writing, they might decide to jointly pay for mediation by hiring a lawyer who specializes in this.

With joint petitions, there will only be one filing fee. However, if you are filing for yourself, your spouse will need to be served a copy of the papers and there might be additional expenses for this.

If you decide you need to hire a divorce attorney, there will be additional costs for this beyond any court or filing fees.

*In the state of Illinois the term “child custody” and “visitation” are no longer formally used and are being replaced by “parenting time” and “parenting responsibilities”.

When it comes to divorce proceedings, it's important to understand the distinction between a joint petition and an uncontested divorce. While these terms are often used interchangeably, they have different meanings and implications. However, in both cases, the goal is to achieve a smooth and efficient divorce process that respects the interests and rights of both parties.

Joint Petitions in Schaumburg, IL 

A joint petition refers to a situation where both spouses file for divorce together. It’s a mutual agreement to end the marriage, and both parties are actively involved in the process. 

By filing a joint petition, spouses can save time and money by working together to resolve key issues such as property division, child custody, and spousal support. This collaborative approach allows couples to maintain control over the outcome, rather than leaving decisions solely in the judge’s hands.

Uncontested Divorce in Illinois 

On the other hand, an uncontested divorce is when one spouse files for divorce, and the other spouse doesn’t contest the terms of the divorce. In an uncontested divorce, both parties have reached an agreement on all matters related to the dissolution of their marriage, including property division, child custody, visitation, and support. By agreeing on these terms, couples can streamline the divorce process and avoid lengthy and contentious court battles.

Are You Considering Divorce in Schaumburg?

If you’re considering divorce in Schaumburg, it’s crucial to seek the guidance of an experienced divorce attorney like Robert M. Kaplan who can provide you with the necessary legal advice and representation.

A divorce attorney can help you assess your unique situation and guide you through the legal process, while ensuring your rights are protected and the terms of your divorce are fair and equitable.

Contact our law office in Schaumburg to schedule a consultation! Our team can provide you with the support and expertise you need to navigate the complexities of divorce and make informed decisions that are in your best interest.

Going through a divorce while unemployed can be challenging, but you have rights that can help protect your financial well-being. Here's what you need to know if you're facing a divorce in Schaumburg and are currently unemployed.

Spousal Support

You may be entitled to spousal support, especially if:

• Stay-at-Home Spouse — If you were a stay-at-home spouse who financially relied on your partner, the court recognizes your contribution to the household. It may award spousal support to help you maintain your standard of living.
• Limited Job Skills — If you have limited job skills or haven't worked in a long time due to the marriage, spousal support can provide financial assistance as you re-enter the workforce or seek additional training.
• Length of the Marriage — The longer the marriage, the more likely the court will award spousal support, mainly if there's a significant income disparity between you and your spouse.

Unemployment

Your unemployment might be considered in several ways:

• Earning Capacity Assessment — The court might assess your earning capacity to ensure fair property division, considering your ability to gain employment and potential future income.
• Imputed Income — The court might impute income, estimating your potential earnings for spousal support calculations and potentially property division. This ensures that support payments are fair and reflect your ability to contribute financially.

Call our Schaumburg attorney for a consultation, and we'll gladly provide guidance. 

If your divorce decree states that your ex should be maintaining life insurance; you have every right to receive proof of that policy. If they refuse to show you it’s active, then you may have cause for filing a petition for rule to show cause, in which case they may be responsible for your attorney’s fees and costs incurred in filing the suit.

Call Our Schaumburg IL Law Firm

Do you have more questions about life insurance policies after a divorce? Please contact our Schaumburg law firm for a consultation. 

In Illinois, divorce is referred to as “dissolution of marriage” and you and your spouse must have lived in Illinois for at least 90 days.

How to File a No-Fault Divorce in Schaumburg

To file a no-fault divorce, essentially stating that you cannot get along anymore, you must have lived in Illinois for at least 90 days and lived separately for a specific length of time, usually six months if you both agree on the no-fault divorce. 

Grounds for a Fault-Based Divorce

If you wish to file a fault-based divorce, Illinois recognizes a number of grounds for fault-based divorce:

• Adultery
• Bigamy
• Giving the other a sexually transmitted disease
• Attempted murder
• Cruelty (physical or mental)
• Felony conviction
• Abandonment
• Addiction to drugs
• Habitual drunkenness
• Impotence

If you have no children and no assets, you will need to fill out the financial disclosures for the court anyway to determine debt division, if any, and for the court records. Once each party agrees to the accuracy of the disclosures and any division of debt or property, the magistrate will review and approve the financial division of property.

If you do not have children, you will not need to file any child custody-related paperwork.

Call Our Cook County Law Firm

Even if you have no assets and no children, legal counsel is still important to ensure that you are receiving a fair settlement in your divorce. 

Contested in a divorce means one spouse or sometimes both do not agree on specific stipulations or aspects included in the divorce. For example, the parties may not agree on property division or financial obligations. And what if there are children or a business? A contested divorce can be expensive, stressful, and prolong the process.

About Attorney Robert M. Kaplan

Robert M. Kaplan understands the complexities of divorce and can help you navigate through the process. In addition, he has years of experience dealing with the intricacies of separating your union. So when you choose Robert M. Kaplan, you can rest easy knowing that you have experience on your side.

Dissolving a marriage is stressful on its own, but even more so when you feel overwhelmed, lost, and unsure of how to recover the things you need and have worked for as you move through the process. Robert M. Kaplan is with you every step, advising and filing all paperwork on your behalf. He is your lawyer and is dedicated to helping you reach your goals during this difficult time.

Are You Looking for a Top Divorce Lawyer in Schaumburg, IL?

If you’re divorcing, Robert M. Kaplan is here to help you through the process. If you would like to arrange a consultation or have any questions, give us a call today. We work with clients in all locations, including those throughout Cook County.

When your spouse doesn’t agree to a divorce or is unwilling to sign the initial papers, you can usually still file for a divorce, and the court will work with your situation. In most cases, judges do not require divorce papers to have signatures from both partners for the divorce to move forward. 

As the case proceeds, you are legally required to “serve” your spouse with copies of the divorce documents. You can choose to pay a private process server or private investigation company to serve the divorce documents, or you may want to reach out to the sheriff’s office for help. 

After receiving official copies of the divorce filing through proper service, your spouse will have a window of time where they’re required to respond to the divorce proceedings. 

Contact Our Schaumburg Office

The difficulty, length, and cost of the divorce process ultimately depend on your spouse’s cooperation and how your particular judge wants to handle the events. Having the help of a family law attorney can help you get through the proceedings more quickly and help you feel more at ease about the process. To schedule an initial consultation with our Rolling Meadows law office, call us today! 

A no-fault divorce means that either spouse can file for divorce without indicating fault. This type of divorce means that the marriage has become broken and reconciliation is impractical and not in the best interest of the family.

As of January 1, 2016, with the adoption of Public Act 99-90, Illinois became a no-fault state in terms of the divorce. Public Act 99-90 has eliminated any kind of fault-based reason for a divorce. No longer can either party state a reason such as an infidelity or cruelty as a reason for filing for divorce. The only reason now for a marriage that has broken up is because of “irreconcilable differences.”

Advantages of a No-Fault Divorce

There are advantages to no-fault divorce, including a lack of stigma as to why a couple is divorcing. Without public blame toward one spouse, negative feelings between the parties may be lessened. With a no-fault divorce, the spouse who files for divorce does not need to explain why the marriage has failed or provide any proof that it should end.

No-fault divorce often helps eliminate or lessen the bad feelings between spouses, since there is no blame for the divorce that is recorded publicly.

Contact Our Rolling Meadows Law Firm

For more information on no-fault divorce, contact Rolling Meadows divorce attorney Robert M. Kaplan.

A divorce legally ends a marriage, allowing both parties to remarry and leading to the division of assets, debts, and decisions on alimony and child custody based on Illinois state laws.

Legal separation, on the other hand, does not end the marriage. It allows couples to live apart and divide their assets and responsibilities while remaining legally married. Legal separation can be beneficial for those with moral or religious reasons for avoiding divorce or for couples needing to retain certain marital benefits, such as health insurance coverage, which would end upon divorce. 

In Schaumburg, legal separation can also serve as a non-final step that gives couples time to resolve personal and financial issues before deciding if they want to proceed with a divorce.

Ready to Call Our Schaumburg Divorce Attorneys? 

While both options legally address asset division and responsibility for debts, the choice between divorce and legal separation depends on the couple's long-term objectives regarding their marital status and their personal and financial circumstances. Call our Schaumburg attorney today to learn more or schedule a consultation with our team. We look forward to guiding you through this process!

We welcome clients from all surrounding areas, and we're available at (847) 845-9477. 

This is a personal question that will vary from case to case. Legally, you can tell your spouse at any time that you want a divorce. Strategically, you may wish to consult with a lawyer and learn your rights before doing so.

Can I Ask My Spouse to Pay My Attorney Fees?

Yes, Illinois has a statute that levels the economic playing field between you and your spouse. If your spouse has control of all of the income or assets of your marriage, they can be required to pay your attorney’s fees. They can also be called upon to contribute to your overall attorney’s fees at the conclusion of your case.

Does It Matter That My Husband or Wife Is Cheating On Me and Now Wants a Divorce?

The fact that a party is having an affair does not bar their right to a divorce. It also does not bar them from seeking maintenance, alimony, or child support.

Contact Our Schaumburg Law Firm

Call Robert Kaplan if you have any questions on divorce proceedings and how they will affect you and your spouse.

Divorce can be a complex and emotional process, and one crucial aspect that requires careful consideration is the division of debts like credit cards and student loans. 

Credit card debts and student loans incurred during the marriage are typically considered marital debts. Both spouses may be responsible for repaying these obligations, regardless of who accumulated the debt. This shared responsibility is an essential aspect of the financial settlement in divorce cases in Schaumburg.

Equitable Distribution in Illinois

In Illinois, marital assets and debts are divided equitably in a divorce, which means they are divided fairly but not necessarily equally. Understanding this is crucial for dealing with financial obligations in a divorce. 

Customized Debt Division

Marital debts can be customized in a divorce settlement, allowing spouses to agree on individual responsibility or propose alternate allocation. The court may also decide based on financial contributions, income, and other relevant considerations.

Call Our Divorce Attorneys in Schaumburg Today! 

Navigating the complexities of asset and debt division in a divorce is challenging. An experienced attorney can provide guidance, protect financial interests, and ensure a fair resolution during this process.

We invite you to call us today at (847) 845-9477 to speak with our legal team. 

When you and your spouse decide to get divorced, you have the option of filing either a contested or uncontested divorce. 

Because uncontested divorces require you and your partner to agree on all major aspects of your divorce, including how to divide your finances and your parenting time, judges see these filings less often than ones for traditional divorces. 

Items That Can Complicate a Divorce

Simply stated, an uncontested divorce is not a realistic option if both parties cannot reach an agreement on all major divorce-related issues. Divorces typically become more complicated when they involve 1) multiple children under the age of eighteen and 2) significant financial assets, especially if only one spouse has been working and providing for the family.

If you and your partner cannot agree on at least one of the following, uncontested divorce is probably not right for you:

• How you intend to divide your physical property
• How you intend to divide your debt 
• Whether one party will pay alimony (spousal support), and the amount of alimony they will pay
• Whether one party will pay child support
• How you will divide the custody of your child(ren), if applicable

Contact Our Schaumburg Law Firm

Because divorces are such emotional matters, it’s normal for you and your partner to feel unable to reach a mutual agreement surrounding the specifics of your divorce. If you have questions about filing for an uncontested divorce in Schaumburg or need the advice of a seasoned family law attorney, we can help. 

Illinois courts take a more nuanced, “best interests” approach to pets similar to child custody. Excluding service animals, pets are considered marital property if acquired during the marriage. What matters most is the pet’s well-being, the primary caregiver, and each spouse’s ability to care for the pet. The court can award sole custody, shared care, or consider offsets in the settlement. 

Illinois Pet Custody Laws: What’s Changed?

As of January 1, 2018, Illinois added a pivotal change to the Illinois Marriage and Dissolution of Marriage Act, under Section 503(n). Now, courts may allocate sole or joint ownership and responsibility for a “companion animal” if it’s considered a marital asset. This means that it was acquired during the marriage. Importantly, the court must consider the well‑being of the animal when making that decision.

How Do Courts Decide Pet Custody?

The courts consider:

• Who cared for the pet during the marriage (feeding, vet visits, walks)
• The pet’s well‑being, including living conditions, stability, and routine
• Each spouse’s ability to provide financial and emotional care
• Work schedules, living arrangements, and proximity to the pet’s usual environment 

Courts may award sole or joint ownership, and while detailed “parenting time” orders are rare, some judges do order shared care or visitation for pets as part of the divorce agreement. 

Call Our Schaumburg Law Office Today 

Let our experienced divorce attorney guide you throughout the process of divorce and pet custody. Call us today!

A prenuptial agreement, or “prenup” for short, is an agreement executed before marriage to determine which party gets what if there is a divorce.

Even though you probably aren’t thinking about divorce right before you get married, if you get divorced down the line, having a prenuptial agreement can make a divorce go much more smoothly by determining the division of assets ahead of time.

Does a Prenup Mean You Are Planning for Divorce?

Much as buying auto insurance doesn’t mean you are planning for an accident, a prenuptial agreement doesn’t mean you are planning for a divorce. What it does mean is planning for the unexpected. It is an opportunity for couples to create a document that outlines their financial goals and priorities. It means that couples are planning for their financial future.

Do You Need a Prenup If You Are Not Wealthy? 

We hear a lot about celebrities and the super-rich having prenuptial agreements in place, but even if you do not have extensive assets, a prenuptial agreement can still be a good idea. 

Say you unexpectedly quit your job during your marriage to raise your children. A prenup can specify what kind of support you might be entitled to should a divorce happen. Or, say you supported your spouse while they went to college. You helped pay for tuition and student loans, which means there may be some repayment after a divorce. 

Rather than fight over the details in divorce court—costing you even more money in legal fees—you can state terms ahead of time in a prenuptial agreement.

What Is Looked at for a Prenuptial Agreement?

• Prior to the marriage, you should make a list of all assets owned and debts owed. Both spouses need to make full disclosure. It needs to be determined how these will be handled during the marriage and in the event of a divorce.
• A determination needs to be made as to how marital property, which are the assets and debts that will be accumulated as a couple, will be handled in the event of a divorce.
• Many times couples have different styles for managing money, so the management of assets and income should be determined ahead of time.
• Both parties need to be upfront about their credit scores, whether they have old debt, and how they feel about accumulating new debt.
• Views on non-monetary contributions, such as raising the children or managing the household, should be addressed upfront.
• Maintenance, or alimony, is a reality often faced by one spouse in the case of divorce. This should be discussed ahead of time.

Are Schaumburg Prenups Expensive? 

Most family law attorneys will charge by the hour for creating a prenuptial agreement, which means the costs will vary depending on each situation. However, the cost of drafting most prenuptial agreements in Schaumburg is typically much cheaper than in divorce court.