What if I don't want a divorce, but my spouse files anyway?In a divorce in Illinois, you are allowed to legally contest the grounds for the divorce. Nevertheless, if your spouse firmly wishes to continue on with the divorce, contesting it can be costly, and a marriage in which one spouse does not want to be in, is not an emotionally desireable one anyway. What is a legal separation?A legal separation is a formal court proceeding where the court will grant a decree in which assets will be divided, and the two parties will live as though they are not married, even though they are not divorced. Can a single divorce attorney represent both spouses?According to Illinois divorce law, one attorney cannot represent both parties. If he or she were to do so, they would be violating a "conflict of interest." Generally speaking, both parties ought to have their own divorce attorney to help them through this very complication and emotional process. |
What if I am unsure as to whether I want the divorce after the case is filed?It's not uncommon that people will have a change of heart regarding their marriage, after the divorce case has been filed. Divorce should be seen as an absolute final solution to your marital problems, and every effort ought to be made to reconcile the marriage before the proceedings take place. If you do decide to reconcile on a temporary basis, you can do so without dismissing the divorce case. Will my spouse have to pay my attorney's fees?No. The law does not require that one spouse be automatically responsible for the other spouse's attorney's fees. Nevertheless, if one spouse has most of the income, they must financial assist the other with their fees and costs. Am I legally able to leave the state with my children?No. Illinois law does not allow the permanent departure of the state with minor children without prior leave of court. For any other divorce questions similar to these, don't hesitate to contact Chicago divorce lawyer Arkady Reifman today. |
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