Question: I am served with a divorce summons, what do I do?
Answer: You need to contact an attorney. You should do this as soon as possible after receiving the divorce summons as you only have thirty days to choose an attorney and then have the attorney file the approporate pleadings. If you do nothing within the thirty day period you may be defaulted. If you are defaulted the court assumes that you have no interest in the proceedings and you could be prevented from taking any further action.

Question: Can one lawyer represent both the husband and the wife in a divorce proceeding?
Answer: It is against our office policy to do so. A divorce is an adversarial proceeding, and the Rules of Professional Conduct could easily be violated. In simple divorces where there are no issues of child custody or distribution of assets, one lawyer can prepare all of the legal paperwork and give it to the client. The client can then give it to his or her spouse and if the spouse agrees, they can sign all of the paperwork, return it to the lawyer and it can be processed through court. Under no circumstances can a lawyer give advice to both parties in a divorce proceeding.

Question: How long does a divorce take?
Answer: As soon as the parties to a divorce come to agreement on all issues, a divorce may be finalized within weeks. If the parties cannot come to an agreement, the case will eventually be set for trial before a judge and the judge will make the determinations. It usually takes 2 - 2 1/2 years to complete a divorce by trial.

Question: How is the custody of the children determined?
Answer: In determining custody the courts are interested in what is in the best interest of the children. Custody is usually determined on the basis of who has been the primary care taking parent of the children, however, there are other factors the court may consider.

Question: What is normal visitation?
Answer: Alternating weekends, one or two evenings a week, alternating holidays, an equal division of Christmas break and spring break, and at least two weeks during summer vacation.

Question: Do I have to take a class, if I am divorcing and have children under 18 years of age?
Answer: Yes. Today almost every county in Illinois requires that you participate in an educational program which helps you as a parent face the challenges of children and divorce. In McHenry County the program is called "Parents, Children & Divorce" and covers parents forever, children's rights, communicating with your children about divorce, helping children through divorce, stages of loss and grief, stages of child development, visitation, communicating with other parents, emotional games parents and chldren play and dealing with anger. You will need to attend two two-hour segments and the cost for the class is $50 per person. If you have chldren under 18 years of age you will not be able to obtain your divorce without participating in this class or a similar class in a different jurisdiction.

Question: What am I entitled to for support of our children?
Answer: In almost all cases child support is determined according to Illinois Statute, which provides:
1 child - 20% of the non-custodial parent's net take home pay as child support.
2 children - 25% of the non-custodial parent's net take home pay as child support.
3 children - 32% of the non-custodial parent's net take home pay as child support.
4 children - 40% of the non-custodial parent's net take home pay as child support.
5 children - 45% of the non-custodial parent's net take home pay as child support.
6 or more children - 50% of the non-custodial parent's net take home pay as child support.

Question: Will I be awarded maintenance (alimony)?
Answer: In marriages of less than ten years maintenance is rarely awarded. In a marriage of over ten years the courts are going to look at the earning capacity of the parties in making an award of maintenance. Maintenance can vary from 10-20% of the primary bread winner's net income.

Question: What portion of our marital assets am I entitled to?
Answer: The law requires "an equitable distribution" of marital assets in a divorce. An equitable distribution does not mean 50-50, but means a fair and reasonable distribution based upon factors such as the length of the marriage, the number of children, the relative abilities of each party to the marriage to support themselves, etc. These factors must be considered on a case-by-case basis.