Have questions about divorce? Our FAQ page provides clear, straightforward answers to common concerns about the divorce process, legal terms, settlement agreements, and more. Whether you’re just starting to consider divorce or are navigating the details, this resource is designed to help you make informed decisions with confidence and clarity.
At Kulerski & Cornelison, we are committed to providing high-quality legal representation in divorce and family law cases. Here’s why we don’t take pro bono cases:
- Resource-Intensive: Divorce cases require significant time, effort, and resources to handle effectively.
- Quality of Service: To maintain high standards and personalized attention.
- Specialization: Our exclusive focus on divorce law demands continuous investment in the latest training and resources.
- Client Commitment: We prioritize offering thorough and strategic legal assistance.
- Operational Costs: Running a law firm involves various expenses, which are covered through paid services.
For those needing free legal help, we recommend contacting local legal aid organizations that specialize in providing pro bono services.
We offer flat-fee divorces for reasonable people for $3,950.00 – this includes all court costs and filing fees. There are no hourly fees to worry about.
Many people seem to think that being the first to file a court case for divorce will automatically give them somewhat of an advantage over the other party. They hope doing so will make them look like the aggrieved spouse in the judge’s eyes. This, in and of itself, is really not true. The judge was a lawyer at one time, and is not going to be taken in by this strategy.
However, there are certain advantages to being the first spouse to file. They are mostly procedural, and are not what the public imagines.
One advantage is that if, at any time during the case, you don’t like what’s happening (e.g. the judge recommends a settlement you don’t like, or rules against you on a temporary motion, or you get a sense that the judge favors your spouse, or you feel you need more time to prepare for trial, etc.), you can voluntarily dismiss the case, and the other side cannot prevent the dismissal from happening.
This works only if your spouse has not yet filed a counter-petition for dissolution, and if your trial has not yet begun.
If your case is dismissed, you will have to start over, but you will get short term relief from the doom you foresee happening if you were to proceed. Besides, doing this will frustrate your soon-to-be ex, and take the wind out of his/her sails. This might very well enhance your settlement chances.
Another advantage will occur if you actually go to trial (the chance of this happening is about 10%). The party that files first gets to put on their case first, and this may be more persuasive to the judge than going second.
No. These are separate issues with no legal connection. If a person is unfaithful and treats his or her spouse poorly, it does not mean that he or she treats the children poorly. To suggest otherwise, would be to say that someone who is a good parent could never be guilty of cheating. Again, there is no automatic connection between being unfaithful and being able to parent one’s children properly.
You can file even if you haven’t been separated for one minute. Illinois law does not require you to be separated before you can file for divorce.
Many people think that a six month separation is required before they can file for divorce. This wasn’t true under the old law, and it isn’t true under the current law.
However, “Six months” is mentioned in our statute. It only applies when one of the spouses does not agree to the divorce. In this case, the court presumes that the parties have grounds for divorce under Irreconcilable Differences once the parties are separated six months. Otherwise, if both parties agree to the divorce, the moving party must merely go to court and allege Irreconcilable Differences, and the divorce will be granted even without any separation at all.
In any event, when a separation is required, the moving party need only establish that the parties have been separated for six months at the time of their trial or final hearing. The six month requirement has nothing to do with the time of filing the case.
Incidentally, the separation requirement does not necessarily mean that the parties must live under separate roofs.
From a strictly legal standpoint, the answer is yes. The court cannot consider this fact when determining money and property issues. However, dating can harm the case from a negotiation standpoint. It is likely to reduce the chances of a smooth or early settlement because it typically brings added pain, hurt, or anger to the other party. It is wise to avoid any conduct that might cause complications.
Any sums spent while dating must be returned to the marital estate so your spouse can be reimbursed for his or her share of these expenses.
At Kulerski & Cornelison, we primarily focus on divorce, child custody and child support, but we do not handle cases involving the Department of Children and Family Services (DCFS) for the following reasons:
- Specialized Expertise: DCFS cases require unique skills and knowledge that differ from typical divorce and family law matters.
- Resource Allocation: These cases are resource-intensive, and we need to focus our efforts where we have the most experience.
- Client Commitment: Handling DCFS cases could affect our ability to provide high-quality service to our existing clients.
- Legal Focus: We concentrate on divorce to stay current and effective in these areas.
For DCFS-related matters, we recommend seeking a lawyer who specializes in child welfare and protection.
Our law firm only practices law in the counties of DuPage and Cook. You do not have to live in either of these counties, however, the case must be filed in either county for us to take the case and represent you.
Yes. The Court has jurisdiction to go ahead and dissolve the marriage by virtue of your residency within the state. However, it cannot order your spouse to pay or do anything until it gets jurisdiction of your spouse. Once your ex is located and lawfully served with Summons, the court may revisit the initial divorce case and make its rulings on all of the remaining items.
No. You do not need your spouse’s consent to get a divorce.
No. You can file for divorce on the day you move into Illinois, or before you move into Illinois, provided you are a continuous resident of Illinois for 90 days before your court hearing.
Yes.
No. You can file for divorce on the day you move into Illinois, or before you move into Illinois, provided you are a continuous resident of Illinois for 90 days before your court hearing.
It is good for business, that’s why. What helps you helps us.
Our client referrals more than make up for the smaller fees. Our clients love the non-court approach, and we love having happy clients.
Common law marriages do not result from couples living together. Living together has nothing to do with it. In a common law marriage, the parties perform a specific act to marry one another.
In order for a common law marriage to occur, two individuals, whether they live together or not, must be present in a state that recognizes common law marriages and they merely need to (preferably in the presence of witnesses) say to one another that they are then and there marrying each other, and that this is their intention. They are then officially married without any ceremony.
The marriage that I just described is just as valid and binding (with all the ramifications such as divorce, inheritance, etc.) as the ceremonial type marriage with which we are more familiar.
Common law marriages were permitted in Illinois until the 1920’s. Today there are only a few states that still allow common law marriages.
Historically, common law marriages were the only type of marriages until the latter part of the 19th century. Back then, the vast majority of the people lived in remote areas and rarely came in touch with judges or clergy. As our population grew, society apparently acquired the need and the methods for requiring and registering marriage licenses, which are necessary today for a valid marriage ceremony.
The length of the marriage does not determine if you qualify to get an annulment, which is now known in Illinois as a Declaration of Invalidity of Marriage.
Marriages are not annulled (or invalidated) because the parties have been married for a short time and wish they weren’t, or if they feel they made a mistake. The court grants “Annulments” only when it determines that:
- a party did not have the capacity to consent to the marriage (mentally unable, intoxicated or under the influence of drugs, because of force or duress, e.g., shotgun marriages, or because of fraud involving the essentials of marriage;
- a party is physically unable to consummate the marriage (have sexual intercourse) at the time of the marriage and the other party did not know of the incapacity;
- a party was 16 or 17 years of age and did not have parental consent;
- the marriage is prohibited by another law(such as bigamy).
WARNING: Each of the above four grounds for invalidity of marriage has a different time limit (as in statute of limitations) in which a case must be filed.
Contrary to what many seem to believe, a legal separation is not the first step of the divorce process. It is not something that is a routine part of divorce.
While many divorcing spouses do in fact separate before and after filing for divorce, this type of separation has no name. It is just a separation and should not be confused with a legal separation, which is its own type of case and really has very little to do with divorce.
It seems that “Legal Separation” is quite commonly misunderstood. It is not a legal label for a relationship in which the parties choose not to live together while considering divorce. It is not a designation for the legal state that you are in while you are waiting for your divorce to become final. And, it is not intended as a quick way of showing your spouse you “mean business” or as a “stepping stone” to divorce.
LEGAL SEPARATION PROVIDES LIMITED RELIEF AND IS RECOMMENDED ONLY IN CERTAIN, UNIQUE INSTANCES.
In fact, Legal Separation is simply the name of a case. It is a distinct cause of action that can be brought to compel payments of reasonable support or maintenance from a spouse who won’t pay voluntarily. To qualify, you must already be separated, without fault on your part. The procedures of this type of case are almost identical to those of divorce and the costs are about the same. A Judgment for Legal Separation will ultimately be entered but the court cannot divide ownership of the marital assets (unless both parties agree to do so). A judgment for Legal Separation will not dissolve the marriage. Legal Separation provides limited relief and is recommended only in certain, unique instances.
IT SEEMS THAT ONLY LAWYERS REALLY KNOW WHAT A LEGAL SEPARATION IS.
The following sample is a generic copy of a Petition for Dissolution of Marriage which is commonly known as “divorce papers.”
This is the court pleading that starts a divorce in the legal system, and this is the document that is served upon the other spouse by a deputy sheriff or other lawful process server.
Please CLICK HERE to view a sample.
A case is contested if the parties cannot agree on every one of the issues involved in their particular situation.
Common areas of disagreement include, but are not limited to, the following:
- grounds,
- custody,
- visitation,
- division of assets,
- child support,
- maintenance (alimony),
- payment of family debts,
- contribution toward educational expenses (college or parochial),
- payment of health insurance for the dependent spouse,
- income tax structuring, etc.
AN UNCONTESTED CASE IS WHERE THE PARTIES REACH AN AGREEMENT. THESE CASES TAKE 3-4 WEEKS AND INVOLVE ONLY ONE OFFICE VISIT.
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Cases are generally called for trial in the order in which they were filed.
A case remains “Contested” until each and every item is resolved. If, however, at any time during the pendency of the case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an “Uncontested” matter. When this occurs, the court will accommodate the parties and provide an expedited hearing in which it will hear proof regarding the grounds and the settlement. If the standards of the court and the law are met, the court will approve the settlement and enter Judgment on that day or shortly thereafter.
Answer: In my frame of reference, this statement can have two different meanings, depending upon the context in which it is used.
If it seems to relate to the divorce in general, the speaker is depicting the parting of the ways as mutual and not more painful to one party than to the other. It can be a way of being gracious toward the other party, a way of saving one’s face, or it may be to assure family and friends that no one is at fault and that everything is under control.
The other interpretation has more to do with how the speaker depicts the spouses’ behavior toward one another during their various day-to-day dealings and during the negotiation process.
“It is agreed” can speak volumes as to the mutuality of the divorce itself or of the parties’ character and ability to resolve its terms sensibly.
He or she must file their Appearance and Response with the clerk of the court within 30 days or the party that filed for divorce can ask the court to enter a default order. If this happens, the court will conduct a hearing and decide the case without them.
The discovery stage of a lawsuit starts to happen within a month or so of the original filing of the case. It is the second stage of litigation.
When the case is filed, certain allegations are made regarding the rights of the person that files. The other party files a Response to these allegations that typically denies that the filing party is entitled to everything they are asking for.
When one party claims entitlement and the other party denies the entitlement, the case is at issue. The original pleadings flush out the issue that will be determined by the court.
The discovery stage is where each party gets to find out what proof the other party has to back up their position. It is also where you get to find out exactly what the other party will say at the trial, so there will be no surprises.
The court has rules in place to require the sharing of this information. Discovery may occur by various methods, e.g., depositions, interrogatories, notices to produce documents, exchanging of financial affidavits, subpoenas served upon third parties, etc.
The discovery stage in divorce can often be lengthy and costly, depending upon the complexity of the issues and the willingness of the parties to comply promptly with the discovery requests made upon them.
Answer: Simply put, a person gives his or her deposition when he or she, accompanied by an attorney, answers questions put by the other side’s attorney regarding the facts of the case. Depositions are under oath and generally take place in an attorney’s office. A court reporter is present and everything that is said is recorded.
Those people that are allowed in the room during the taking of a deposition are as follows: all attorneys involved in the case, the court reporter, the party giving the deposition and, most often, the other party(ies) to the litigation.
SIMPLY PUT… (YOU) ANSWER QUESTIONS… REGARDING THE FACTS
A deposition is part of what is known as the “discovery” process. The purpose of a deposition is so the other side can learn what the deposed party will be saying if the matter goes to court. The other attorney generally asks questions about the things that he or she believes will be brought up at trial — thereby obtaining a preview of what will be said. In a like respect, you (the deponent) may also want a preview of what the other party will say at trial.
What is said at a discovery deposition, as such, can not be admitted into evidence. Rather, the deponent must still come to court and testify, but is bound by the words he or she stated at the time of the deposition.
Taking a deposition helps develop information, and eliminates surprises and assists both parties in preparing for trial because you know what the other party is going to say.
A pre-trial conference is a settlement meeting that the lawyers have with the judge. The first pre-trial usually occurs before the case is set for trial, and shortly after the discovery is completed, or is close to completion. Additional pre-trial meetings with the judge often take place just before or during the actual trial.
The lawyers get to present their clients’ version of the facts and settlement positions to the judge. They accomplish this quickly and efficiently because they can speak freely and do not have to deal with the technical or evidentiary distractions that are present during a trial.
Neither lawyer can mislead the judge because the other lawyer insures that the judge hears only an accurate portrayal of the facts and of all other pertinent factors.
The judge learns the case in a nutshell and indicates how he or she would likely rule if the identical facts were established at trial. This indication serves as the court’s recommendation and guide as to how the court believes the parties should settle their issues.
The parties are not required to accept the court’s recommendation and are free to proceed to trial.
THE BAD PART ABOUT PRE-TRIALS.
When the pre-trial ends, the lawyers report to their clients about what transpired at the pre-trial. The lawyers must often report news that displeases the client. While this is never easy for the lawyer because he or she shares the client’s disappointment, the lawyer is also disappointed that the client could not be present to witness the lawyer at work – pleading the client’s case.
Imagine being a party to a divorce and you firmly believe that you have a reasonable settlement stance. You have waited over a year to present your position to a judge and the day finally arrives. You wait in the corridor of the courthouse while your lawyer goes into the judge’s chambers to tell the judge about you and the validity of your needs and concerns. You wait 30-40 minutes and then the lawyer comes out of the meeting and tells you something that you disagree with and do not accept.
You were not present to see your lawyer in action and you did not get to see the judge’s face or hear the reasoning behind the judge’s recommendation. All you know is that you feel short-changed and that you did not get your day in court.
We sincerely believe that pre-trial conferences are of tremendous help to anyone going through divorce, but we feel the system is doing a disservice to the divorcing public by not allowing it to witness what occurs during these meetings.
A Status court date (also known as a Progress Call) is when the case is called in open court and the attorneys are required to advise the court as to the progress of the case thus far.
The court selects the dates of these appearances and the first such Status date (depending upon the county) usually occurs four months after the case is filed.
It is not necessary for clients to be present on these court dates. The court merely wants to know what the attorneys are doing to move the case along and whether they need the court’s help in making things move more quickly.
The court usually inquires about any new issues that may have arisen in the case, how the discovery is progressing, if the happenings of the case are relatively on time, what the attorneys need to prepare for trial, and what special orders the court can enter to help to facilitate their preparedness.
If the court sees that the attorneys are trying their best to gather what they need for trial, it may set additional status dates to keep the pressure on and help to keep things on track. At the last Status date, the court will set the matter for a Pre-Trial Conference, which is the last stop before the trial.
Answer: If the parties can reach an agreement on all of the various items that must be resolved in their particular case, they embody the terms of their agreement in a document, which they submit to the court for approval and entry. This document is their Marital Settlement Agreement, also known as “MSA.”
A marital settlement agreement gives the parties a one-time opportunity to author their future as best they can under their particular circumstances. It may be as creative as the parties and their lawyers are imaginative. As long as it conforms to what the law allows, the parties are free to make the shoe fit their individual needs and concerns.
Divorcing spouses are much better off making their own decisions about who should give (or get) what from whom, rather than leaving these personal choices up to a judge who doesn’t know them or their preferences.
Most people prefer to tailor-make their outcome and we hope you will be able to convince your soon-to-be ex-spouse to cooperate with you to get this done smoothly, on time, and on budget.
This is a general explanation of the social security benefits that you, as a divorced person, may be entitled to receive based upon your former spouse’s social security work record.
While there are some additional conditions and exceptions (always check with your local social security office), you can collect benefits under your ex’s social security record if:
- You are 62 or older; you were married to your former spouse for a minimum of ten years; you have not remarried; and your former spouse has achieved entitlement to receive his or her own benefits, even if he / she waits until they are older before actually claiming them.
- When the time comes that you are eligible to receive benefits based upon your own social security work record, you have the option of receiving the full amount due that is due to you(based on your record), or receiving the amount that is due to you under your former spouse’s work record, whichever benefit is greater.
Your former spouse always receives his or her FULL social security benefit even when you opt to receive your benefits under their work record.