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Family Law FAQs

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Family Law FAQs

At Corri Fetman & Associates, Ltd., we recognize that family law cases are personal and often emotionally complex. We’ve gathered answers to the most common questions about family law to help you feel more informed and empowered.

How is child custody determined in Illinois?

In Illinois, child custody is referred to as “allocation of parental responsibilities.” When determining custody arrangements, courts focus on what serves the best interests of the child above all else. Factors considered include:

  • The child’s relationship with each parent.
  • Each parent’s ability to provide a stable environment.
  • The wishes of the child (depending on their age and maturity).
  • Any history of domestic violence or abuse.

Our attorneys are dedicated to safeguarding your parental rights while striving to secure the best possible outcome for your child.

Can I modify my Child Custody Agreement?

Child custody agreements can be modified in certain circumstances. If there is a significant change in circumstances for either parent or the child, such as a job relocation or a change in the child’s needs, you may be able to request a modification of the custody agreement. However, any modifications must still prioritize the best interests of the child.

It is important to note that any changes made to a child custody agreement must be approved by the court. This means that both parents must agree to the modifications and present them to the court for approval. If one parent does not agree to the changes, they may contest it in court.

How is child support calculated?

Child support in Illinois is determined using an income shares model. This approach considers:

  • Both parents’ incomes.
  • The number of children.
  • Parenting time allocated to each parent.
  • Additional expenses, such as healthcare and education.

We can help you understand the calculations and advocate for a fair child support arrangement.

How long does the divorce process take?

The timeline for a divorce is dependent on whether it is contested or uncontested:

  • Uncontested Divorce: If both parties agree on the terms, the process can take as little as a few months.
  • Contested Divorce: Disputes over issues like custody or property division can extend the timeline to a year or more.

Our team works to resolve disputes efficiently while protecting your interests.

Can my spouse and I use the same attorney for our divorce?

An attorney should not represent both parties in a divorce due to conflicts of interest. Each spouse should have their own legal representation to protect their rights and interests.

What is the difference between legal separation and divorce?

Legal separation enables couples to live independently while still maintaining their marital status. It addresses issues like child custody, support, and property division without dissolving the marriage. Divorce, however, ends the marriage legally. We can help you determine which option is best for your situation.

Do I need a prenuptial or postnuptial agreement?

Prenuptial and postnuptial agreements outline how assets and debts will be divided in the event of a divorce. These agreements are beneficial for individuals with significant assets, business interests, or children from previous relationships. Our attorneys can draft agreements tailored to your needs.

What if my spouse refuses to sign divorce papers?

If your spouse is uncooperative, the process may take longer, but it is still possible to obtain a divorce. We help you navigate this situation and advise on the necessary steps to move forward with the divorce process. Overall, while it may complicate matters, having an uncooperative spouse does not necessarily mean that you cannot get divorced.

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For personalized legal advice tailored to your family law needs, contact Corri Fetman & Associates, Ltd. today. We’re here to provide compassionate support and guidance during life’s most challenging moments.

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