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Frequently Asked Questions (FAQs)

To get answers to frequent questions about divorce proceedings and issues, and consulting family law attorneys in the state of Illinois, please select one of the links below:

  • Initial Interviews
    Initial interview questions to ask before hiring an Illinois divorce lawyer.

  • General Divorce Issues
    Answers to questions about mediation, collaborative law, arbitration, divorce costs, attorney's fees, and grounds for divorce in the state of Illinois.

  • Property Issues in Divorce Proceedings
    • Prenuptial (Premarital) Agreements - Answers to questions about prenuptial agreements and alimony, child support, and hiring an attorney.
    • Division of Assets - Learn about equitable distribution of marital property, dissipation, non-marital estates, and income tax on marital assets.

  • Maintenance (Alimony) Issues in Illinois Divorce Proceedings
    Types of alimony; eligibility for maintenance, and termination and modification of alimony.

  • Child Custody Issues
    Learn about the types of child custody, criteria for awarding custody, and visitation rights.

  • Child Support Issues
    Answers to questions about child custody and support; child support maintenance, modifications, and termination; attorney's fees; and enforcement

  • Paternity Issues
    Learn about a voluntary acknowledgement of paternity and child support.

  • Orders of Protection
    Learn about the types of Orders of Protection and your rights.
  • Appeals in Divorce and Family Law Cases in Illinois (*Under Development)
    As of February 26, 2010, the Illinois Supreme Court adopted new custody rules incorporated into SCR 311.  They provide for an "accelerated docket" in custody cases.  The new SCR is titled, " Mandatory Accelerated Disposition of Child Custody Appeals." It provides in part:

"The expedited procedures in this subpart shall apply to appeals from final orders in child custody cases and to interlocutory appeals in child custody cases from which leave to appeal has been granted pursuant to Rule 306(a)(5).  If the appeal is taken from a judgment or order affecting other matters, such as support, property issues or decisions affecting the rights of persons other than the child, the reviewing court may handle all pending issues using the expedited procedures in this rule, unless doing so will delay decision on the child custody appeal." It also provides in part, " (5) Deadline for Decision . Except for good cause shown, the appellate court shall issue its decision within 150 days after the filing of the notice of appeal or granting of leave to appeal pursuant to Rule 306(a)(5).

  

 

Photo - archThe purpose of this frequently asked questions (FAQs) are to provide a general overview of certain Illinois family law issues. These FAQs are not intended to provide legal advice that applies to any specific case. The nature of family law proceedings is that the facts and circumstances of each case are critical when a lawyer provides legal advice. Further, these FAQs are not intended to be inclusive or to deal with every situation that may arise in matrimonial disputes. You should discuss with your attorney how the particulars of these Questions and Answers may apply to your case.

For more information about the Illinois Chapter of AAML and the services we provide, please contact us at 1-312-263-7682 between 8 a.m. and 5 p.m. Central Standard Time (CST), fill out our contact form, or email us at info@aaml-illinois.org.

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