Illinois Divorce FAQ’S

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 is 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.

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.