Frequently Asked Questions
Answers to real questions about divorce curated from the community and actual divorce cases.
Common Divorce Questions
Common divorce questions, explained in plain English. Plus, tips on how to get help and find a lawyer.
Is there a “postnuptial agreement?”
Yes there is such a thing. It governs how you handle finances while still married, and what you agree to do in the event of divorce.
What should I expect in a summary hearing?
Summary usually means without testimony, meaning it would be based upon the motions and financial affidavits. Because maintenance and child support are based up calculation formulas in the statute, it boils down to a math problem. You will not be called to testify. In a summary hearing, there is no testimony from witnesses. Just the lawyers speak, arguing their points from the pleadings and financial affidavits.
Can I get a quick divorce? I don’t want any property and our child is almost 18.
If you don't want any property, there are still some things to consider:
- Mutual waiver of maintenance (alimony).
- Mutual release of all claims.
- Waiver of right to contribution for any attorney's fees.
- Child support normally owed until child turns 18, or 19 if child still in high school.
- Section 513 of the Marriage and Dissolution of Marriage Act provides for payment of college/trade school expenses, the fact that each of you are on the hook to contribute should be in your agreement;
- Tax treatment - what about the 2020 tax return, and how you will handle tax credits for kids, refunds, or tax liabilities;
- Waiver of estate claims.
- Life insurance - maybe husband should keep some in the event he dies, and college is not done?
These are many of the issues that need to be resolved and should be covered in a marital settlement agreement and later divorce judgment.
It does not have to be super expensive, but there is no "online" or "easy" divorce. The joint simplified dissolution of marriage provisions available in Illinois apply only to:
- people with no kids
- marriage must be shorter than 8 years
What is Dissipation?
Common Divorce Questions
Common divorce questions, explained in plain English.
Is there a “postnuptial agreement?”
Yes there is such a thing. It governs how you handle finances while still married, and what you agree to do in the event of divorce.
What should I expect in a summary hearing?
Summary usually means without testimony, meaning it would be based upon the motions and financial affidavits. Because maintenance and child support are based up calculation formulas in the statute, it boils down to a math problem. You will not be called to testify. In a summary hearing, there is no testimony from witnesses. Just the lawyers speak, arguing their points from the pleadings and financial affidavits.
Can I get a quick divorce? I don’t want any property and our child is almost 18.
If you don't want any property, there are still some things to consider:
- Mutual waiver of maintenance (alimony).
- Mutual release of all claims.
- Waiver of right to contribution for any attorney's fees.
- Child support normally owed until child turns 18, or 19 if child still in high school.
- Section 513 of the Marriage and Dissolution of Marriage Act provides for payment of college/trade school expenses, the fact that each of you are on the hook to contribute should be in your agreement;
- Tax treatment - what about the 2020 tax return, and how you will handle tax credits for kids, refunds, or tax liabilities;
- Waiver of estate claims.
- Life insurance - maybe husband should keep some in the event he dies, and college is not done?
These are many of the issues that need to be resolved and should be covered in a marital settlement agreement and later divorce judgment.
It does not have to be super expensive, but there is no "online" or "easy" divorce. The joint simplified dissolution of marriage provisions available in Illinois apply only to:
- people with no kids
- marriage must be shorter than 8 years
What is Dissipation?
This is a tougher one. We are publishing an article on dissipation soon on our firm website. Bottom line is, dissipation has to meet certain criteria to be indeed dissipation - there are time limits, and the expenditure has to be for a non-marital purpose (ordinary expenses like food and clothing are *marital* in this case) and judges don't like small-time claims (it has to be real money at issue). The example we like to give is dinner with your soon to be ex and their significant other is not an issue, but buying a diamond ring for them with marital funds is.
