Many clients share the same fears, questions, and beliefs about the divorce process. The following are some of the most common:

What are the reasons for which I can get a divorce in Illinois?

Courts require that the spouse who files for a divorce (the "Petitioner")have legal reasons for wanting a divorce. These legal reasons are called "grounds." In Illinois, there are two types of grounds: (1) fault (in which you are pointing the finger at your spouse as being the one who is the cause of the marriage failing), and (2) irreconcilable differences (e.g., you are not blaming any one spouse for causing the marriage to fail).

What are the fault grounds that can be used in filing for a divorce?

There are ten fault grounds listed under the Illinois statute. They are:

1. impotence,
2. bigamy
3. adultery,
4. willful desertion (for 1 year),
5. habitual drunkenness (for 2 years),
6. excessive use of addictive drugs (for 2 years),
7. attempted other spouse's life by poison or other means showing malice,
8. extreme and repeated physical or mental cruelty,
9. convicted of a felony or other infamous crime,
10. infected other spouse with sexually transmitted disease

Although fault must be proven in court to establish grounds for divorce, it is not considered when determining issues of property division or awards of maintenance. In other words, marital misconduct is irrelevant. The only time it is considered by the court, is when one spouse has dissipated marital assets (e.g., spouse spent marital funds for purposes unrelated to the marriage at a time of an irretrievable breakdown of the marriage).

What is the irreconcilable differences ground that can be used in filing for a divorce?

The irreconcilable differences ground is the most common ground and it is the closest thing to a "no fault" divorce. This ground involves telling the court that irreconcilable differences have caused the irretrievable breakdown of your marriage and that future efforts at reconciliation are impracticable and not in the best interest of your family. It also involves a waiting period, which may be waived upon stipulation (agreement) by both parties.

Are there any residency requirements I have to meet in order to obtain a divorce in Illinois?

At the time of filing your Petition for Dissolution of Marriage, were you a resident of IL for at least 90 days immediately prior to that day? Yes.

And have you been a resident of IL for more than 90 days before today's date? Yes.

Yes. You or your spouse must have been an Illinois resident for at least 90 days before filing your divorce case (e.g., filing the Petition for Dissolution of Marriage), or 90 days before the making of a finding of residence.

Do I really need an attorney?

While it is not mandatory that you hire an attorney, in most cases, it is beneficial to have an attorney represent your interests. Issues arising out of marriage tend to be complex and the divorce procedure itself tends to be overwhelming. If you do not understand the general principals of divorce law or the procedures in Illinois, going through a divorce without an attorney can be quite daunting. An attorney is highly recommended if your spouse hires an attorney, children are involved, you want maintenance, your spouse is non-cooperative, spousal or child abuse is involved, or you feel that your are overwhelmed with the divorce procedure.

In addition to giving me a divorce, what other things can the judge do for me?

In addition to granting you a divorce, the judge can also make the following orders:

• grant custody of your minor children
• set a visitation schedule for the non-custodial parent
• set the amount of child support
• divide marital property
• divide responsibility for marital debt
• order one spouse to pay maintenance (also known as "alimony" or "spousal support") to the other spouse

How long will it take to get a divorce?

The quickest you can expect to obtain your divorce is approximately 3-4 months. If your case is contested (e.g., you and your spouse cannot come to agreement on all issues), it may take 1 year or more to finalize your divorce. These are rough estimates, though. Many factors can cause delays in finalizing your divorce, such as:

• difficulty notifying your spouse about the divorce (e.g., the sheriff or private process server has difficulty delivering the summons and petition to your spouse)
• the vehemence of the parties' feelings and their inclination to settle whether or not your spouse has decided to take part in the case and fight over issues as to custody, support, division of property
• the court's calendar
• the other attorney (e.g., your attorney has no control over the other attorney's schedule and personality. An extremely busy or uncompromising opposing counsel can prolong your divorce)

By far, the most common factor that prolongs divorce actions are the intensity of the parties' feelings and the degree to which the parties want to fight. Try not to get your heart set on being divorced by a certain date because divorce can be unpredictable. Instead, try focusing on working with your attorney to make sure you are taking all the necessary steps.

How much will it cost?

It is difficult to estimate the total cost of your divorce because of the factors mentioned above. However, one thing can be said for sure, if you allow your emotions to take over the practical aspects of divorce (e.g., determining issues as to custody, support, division of property), the divorce process will be long, drawn out, and expensive. Remember, going to trial is almost always more expensive than settling your case.

How much of my time will be required?

You must spend time preparing your lawsuit. Your attorney will prepare your case, but only with your help. Attorneys sell their time, so if you can do some of the groundwork, your money can be used more efficiently.

How do I handle the day-to-day practical matters?

If you wonder about dating, money, changing your locks, credit issues, or whether you should work, ask your attorney. Your attorney can give you advice on how to handle these every day matters.

How can I ease the emotional pain?

Divorce is one of life's most painful experiences. Your emotions will likely be on a roller coaster. In most cases, both parties do not want to end the relationship to the same degree, and one person has been more emotionally hurt than the other. That is one reason to consider counseling. Counseling can help you ameliorate the pain, accept the end of the marriage, learn coping skills, and pick up the pieces of your life and move on. If you don’t know where to begin, your attorney may be able to recommend qualified counselors. Your social or religious contacts may also provide you some good leads.