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Answering Your Divorce-Related Questions

The following are some of the frequently asked questions our attorneys encounter from people who are going through a divorce. It is important to keep in mind that nothing can replace the legal advice you receive from meeting face-to-face with a lawyer.

To schedule an initial consultation at Vergara & Favia Law, LTD, call us at 331-223-4529.

How long does it take to get divorced?

It depends. Generally speaking, the longer the marriage, the longer it takes to get divorced. The length of time also depends on the number of assets you possess. While we cannot give you a definite timeline for when things will be resolved, we can tell you that we will work tenaciously to protect your interests while looking for a solution that you can live with.

What will happen to my kids?

This also depends. Whenever possible, we urge our clients to reach a custody and visitation agreement through negotiations with the other parent of their children. If you and your ex are unable to reach an agreement, the court will decide.

The court may use a number of different factors in an attempt to act in the best interests of the children. While it was once believed that children would do better with their mothers, the courts now recognize that a relationship with both parents is desirable, when possible. You can rest assured that we will effectively argue for your position.

What happens to my stuff?

In Illinois, anything considered “marital property” is subject to division. In general, marital property is anything that is acquired over the course of a marriage. The court will identify property that should be divided and will attempt to do so in a way that is fair and equitable.

Equitable does not mean the same as equal, so it is possible that one spouse may receive 70% of the marital property and the other will get 30%. Exceptions are made for assets where the title or deed is in both party’s names, such as a vehicle or a home. In these cases, each person will be considered to own a one-half interest in the asset.

Will I have to pay alimony?

Spousal support, or alimony, is designed to help one spouse who may have sacrificed certain opportunities during the marriage. For example, not continuing with their education or turning down job opportunities in order to care for children or the home.

Spousal support may be awarded to either party and are almost always temporary in nature. It may be possible to modify an order for alimony if one party experiences a substantial change in their life circumstances.

Contact Us For Answers To Your Questions

If you are going through a divorce, we are here to answer your questions and to help guide you through the process. To schedule an initial consultation at our offices in St. Charles or Wheaton, call 331-223-4529. You may also contact us online.