If you and your spouse have decided that your marriage isn’t working, you’re probably wondering how to proceed. Divorce is, after all, inherently complicated, even when both parties are willing to cooperate. Thankfully, a seasoned family law attorney can help you navigate the proceedings while protecting your interests every step of the way. Here are the answers to some of the most frequently asked questions on the subject to enter these proceedings with confidence. 

FAQ About Illinois Divorces 

How long does it take to finalize a divorce?

Unlike some states, Illinois does not have a waiting period for finalizing divorces. As such, the proceedings can be resolved relatively quickly—in as little as two months—if the split is amicable. If any disputes arise along the way, though, it could take anywhere from a few months to a few years to resolve everything, depending on the circumstances. Keep in mind, however, that if you file shortly after moving to Illinois, you must meet the state’s residency requirement of 90 days before the judgment is entered. 

Can you and your spouse hire the same attorney?

For couples who are on the same page, hiring a single family law attorney to prepare the paperwork may seem like an easy way to save a little money. In the state of Illinois, however, one lawyer cannot represent both parties during divorce proceedings because it creates a conflict of interest. One of you can opt to forgo counsel altogether, however, while the other hires an attorney to review and prepare everything. Keep in mind, only the person who has hired an attorney has a trained professional looking out for their best interests. 

Will your children have to choose between you and your spouse?

If your children are over 12, and they share their preference regarding custody, the court will consider it. However, a judge will never ask them outright whom they wish to live with, nor will he or she pose any other questions that make the children feel as though they must choose between their parents. Generally speaking, it’s in a child’s best interests to maintain a close relationship with both parents, so the court tries to order arrangements that allow as much contact with both parents as possible if its in the best interest of the children.  

Will you and your spouse have to go to court?

You will have to attend at least one hearing to finalize the divorce because a judge must sign off on the terms of your separation agreement. If you cannot settle the case during this hearing, you may have to attend additional proceedings, during which a judge will address any contentious issues. 

To discuss your situation with a family law attorney, turn to Pepping, Balk, Kincaid & Olson, Ltd. Located in Silvis, IL, this firm represents more than 2,000 clients a year in a broad range of cases. In addition to divorce, child custody, and alimony, they’re well-versed in bankruptcy petitions, real estate transactions, criminal defense, business law, and estate planning. To schedule a consultation with a family law attorney, get in touch through their website or call (309) 755-5096.