Divorces range in cost based on complexity. At
Solutions First, we charge fairly but not cheaply. Please call to discuss
rates. The cost of your divorce
will depend on how disputed it is and whether there are issues of custody
and/or maintenance/alimony. On the
low end, divorces can cost in the $3000 range. On the high end, they can cost
10’s of thousands of dollars.
How long will my divorce case take?
The length of the divorce process depends on how much discovery has to be done
into the gathering of financial information, how cooperative the parties are,
and whether there are custody concerns. An uncontested divorce can take under 6
months. A highly contested case can take over 2 years. We will be happy to
answer questions about how long we think your case will take.
Can I mediate?
Divorce mediation is an out of court negotiation process. The
end result is a settled document that must be presented to a judge. Generally,
if parties mediate, only one of them must go to court and one court appearance
(fairly routine in nature) will be required. Anyone
can mediate, provided the Parties are of a cooperative approach, are open to
using one professional to resolve their differences, and will be forthcoming
with all financial and related information.
Is mediation cheaper than court?
By the hour, Solutions First mediation rates are not cheaper
than their court rates. However, the overall process is usually much cheaper,
as there are less hours involved, and the Parties pay one professional rather
than 2 at a time.
What happens if there are minor children involved and
there is a custody dispute?
If the Parties have minor children, and they cannot agree on
custody, the courts will appoint a lawyer called a child’s representative to
represent the children. The courts
generally will require that the parties attend a parenting class and try to
mediate as well. If these attempts at resolution fail, a professional child
custody evaluator (with a psychological background) will be appointed. This
child custody evaluator will submit a written report, with recommendations to
the Court. If either party
disagrees with the evaluation process, he/she may request the opportunity to
seek another opinion.
At the conclusion of all custody evaluations, a trial will be had, and the Judge
will make a final decision. All of
these steps are time consuming and expensive. The
children are interviewed by the professionals. Occasionally,
the custody evaluation process may be avoided if the Court determines it is
unnecessary. If you think you may
have a custody concern, we can help you sort through how best to handle your
situation.
Will I owe/receive alimony?
Alimony, which is now called maintenance, is a form of spousal
support. Generally, when one
person in a marriage makes significantly more than the other spouse, there is
good chance maintenance/alimony will be paid. However, the Court may consider a
variety of factors including length of marriage, the ages of the Parties, the
health of the Parties, and other influential factors. We
would be happy to go over these factors with you.
Usually, the payment of spousal support is not only about WHETHER it will be paid
but for how long. The days of permanent maintenance are, for the most part,
gone.
There are situations where permanent support will be awarded. Such situations
usually consist of long term marriages, where one spouse hasn’t worked out of
the home for an extended period of time and/or when one spouse suffers a
permanent health condition. For
more details on these situations, please consult with us.
There is no easy answer to this question.
Does child support include other child expenses like
daycare or babysitting costs?
Generally, child support is a percentage of the
non-residential spouse’s take home pay. The
“take home” pay is defined in the
Illinois
divorce statutes. It
is assumed that child support will not include such extras as medical expenses,
child care, extra curricular activities, and the like. However,
this is not to say that parents always share in these expenses or that, if they
do, they have to share equally.
Will I have to sell my house?
Often times, the major marital asset in a marriage is the
parties’ home. There is no “rule”
that the house must be sold as part of the divorce process. If one party wants
to keep the house and can buy the other spouse out, refinancing options can be
explored. Additionally, other
funds can sometimes be used as an exchange for the privilege of keeping the
house.