Hiring an experienced family law attorney to work with you through the process is highly recommended to help you reach your desired outcome.
Even if the terms of the divorce are agreed upon in advance, the agreement must be presented to the judge.Depending upon the issues resolved in the settlement, the judge may have questions or require information, such that usually one party, and sometimes both parties, appear in court for a 10-minute presentation to the Judge.However, in certain circumstances, the court may choose to “reserve” an issue or, if the circumstances warrant, the court may find that legally dissolving the marriage is a priority and issue an order formally dissolving the marriage.Such an order is not the same as the court finding that grounds for divorce exist, which may be resolved first, with the remaining issues heard by the court at a later date.As the issues that develop during a case will affect what is required to successfully litigate your case, it is impossible to predict exactly how much it will cost at the start of your case.
Simple uncontested cases will be less expensive, while more complex, adversarial cases will cost more.
The cost of your divorce will depend on the nature and complexity of your case.
Costs include legal fees, court costs, costs of document production, and depositions.
However, the financial misconduct of either party once the marriage has failed may be found to have “wasted” marital funds and that party may be required to reimburse the marriage for any such waste. The court can order temporary or permanent maintenance to either spouse, without regard to marital misconduct.
The court will consider a number of factors in determining maintenance, such as: Under Illinois law, the wife can return to her maiden name as part of the final judgment, and the husband may not prevent her from doing so. In Illinois, an annulment is called a “declaration of invalidity of marriage.” It is a court order declaring that a marriage is not valid, and therefore should not be recognized by the state.
The requirement of living “separate and apart” does not necessarily require that the parties be physically separated.