FAQ

A fault divorce stems from a spouse that has engaged in marital misconduct such as infidelity or abuse. In a no-fault divorce, neither party has to prove a cause for the breakup, but instead simply state that the marriage is "irretrievably broken." In the State of Illinois, every case is categorized as no-fault and the reason for filing will be irreconcilable differences.

An uncontested divorce occurs when all parties agree on property division, allocation of debt and child support arrangements. A contested divorce occurs when the parties do not agree all issues and become reliant on a court to determine the final outcome of the divorce.

In a divorce, custody of a child is broken down in 2 ways: legal and physical. Legal custody means a parent is given responsibility for making important decisions about a child's future and well being, including what school they will attend, which doctors they visit, etc. Joint legal custody allows both parents to be involved in these important choices and if they cannot agree on matters, one parent may be designated as the tie-breaker. On the other hand, physical custody is what it implies -- it pertains to where children live on a regular basis. Physical custody can be shared by both parents or granted to just one. A judge will make physical and legal custody decisions based on the child's best interests.

Unfortunately for Illinois couples, our state is not a financially-friendly place to file for divorce. In fact, Illinois is among the top 10 states for the costliest places to get a divorce. On average, a divorce in Illinois will cost around $14,000. However, this figure will vary significantly based on a wide variety of individual factors, including how long a couple has been married, the amount of property to be divided up, the age of children and whether or not the divorce is contested by either party.