Pucci | Pirtle

In Illinois, the law does not require attorney’s fees to be paid by one spouse over another. Typically, these fees are considered debts of the marriage and both parties fees can be covered by marital assets. In the occasion there is a large financial disparity between parties, the court may step in and award these fees to the spouse with more resources.

Complexity of case and the cooperation of parties and lawyers create the ultimate timeline for a divorce. Some estimates:

1 Month = Complete paperwork to file; court date is set

6 – 8 Months = The average length until resolution of a divorce case  

12 – 18 Months = Cases without resolution that go to trial

If you live in the same state, it does not matter who files a case first. If you reside in different states, the first to file will most often get to choose where the case proceeds so long as other requirements are met regarding the living situations for both parties and minor children.

An attorney cannot ethically represent both parties in a divorce case in the state of Illinois.

There is no need to put a significant amount in this document. Although it is a formal court document, it will not specifically determine your settlement details. These are instead itemized in the final Marital Settlement Agreement.

Go ahead! No problem. Reconciliation can be given on a “temporary” basis without dismissing the divorce case – a “time-out” will put the case on hold. Or, a divorce case can be dismissed and re-filed later in the event of non-reconciliation.

This is surely your prerogative. Our recommendation is to partner with an attorney that knows the law, can identify a fair settlement and is an unbiased and objective advocate. That would be US!