FAQ

Divorce & Family Law Commonly Asked Questions

Experiencing family law matters can be highly emotional and likely raises many questions. Below are common concerns families and individuals face when they seek our assistance. For additional questions or assistance, contact the experienced attorneys at Kogut & Wilson.

Divorce

  • How long will this take and how much will it cost?

In short, it is difficult to tell. There are timelines with courts and a fair amount of documents to be completed by both parties. When parties do not agree on a matter, it takes time to negotiate. In these situations, we do our best to keep things moving. An average range is three to 18 months. However, keep in mind, it may take longer depending on the level of conflict and complexity of the issues.

  • How do I file for divorce?

The first step is to file a Petition for Divorce with the court. In Illinois, there is no waiting period to file for divorce, however, it is required that one spouse be a resident of Illinois for at least 90 days prior to entry of the divorce judgment.

  • What happens if I am served with a Petition?

Once you are formally served with a Petition for Divorce, you have 30 days to file an Appearance in the case or hire an attorney to file one on your behalf. If you do not file your Appearance within this time period, your spouse could potentially seek to default you and enter the divorce judgment with their requested terms.

  • Can I request financial support from my spouse during the pendency of the divorce proceeding?

Yes, depending on your access to funds and respective incomes. After the initial Petition is filed, you may file petitions to request temporary relief while the divorce is pending. This can include temporary spousal and child support and contribution to household and children’s expenses.  These orders are typically temporary in nature but can provide some financial relief while the divorce is pending.

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