The best interest of the child includes what the court can learn from all available resources — including the child’s wishes (considered when the child is old enough and it is appropriate). Courts use a child representative or a Guardian ad Litem (GAL) to investigate and represent the child’s interests, which is often how a child’s voice reaches the judge.

The child is not usually “testifying” in court the way a party does — the child representative or GAL gathers that input far more safely and without putting your child in the middle.

When there is a final parenting plan in place and the parents continue to have day-to-day conflicts, a parenting coordinator may be appointed to help resolve disagreements and educate parents as about the parenting plan. If the parents cannot agree, the coordinator can make formal recommendations to the court. It keeps small conflicts out of the courtroom.

Unless you have an active family law case, there aren’t many documents needed — this is a first consultation.

If you have an active case, bring:

• Your last court order (if you have it)
• Any documents that have been served upon you
• Contact information for the other party

For new cases, it helps to bring basic financial information (roughly what you own, owe, earn, and spend) — it makes the conversation about your goals more concrete.

Mediation is often a very good first step. It’s an alternative dispute resolution process that is frequently helpful in divorce and family law matters. If there is any dispute about decisions for the children, mediation may even be required.

What mediation does: a neutral mediator helps both of you work through the concerns together, saving you from litigation — and a mediator never succeeds by deciding for you, but by helping you two agree.

No. A prenuptial (or postnuptial) agreement is a legal contract between two parties with conflicting interests. It is advisable — in many cases, required — that each of you has your own representation, so you each clearly understand the terms of the agreement and can negotiate on your own behalf.

Yes. If one or both of you are located in Illinois, the divorce can proceed. Incarceration does not block a divorce. Your spouse can participate remotely where allowed, or the case can proceed based on service and response rules.

Practical tip: the process can take longer because responses and court dates have to support a schedule, but it is absolutely possible.

Yes, in the right circumstances. The court may award interim attorney’s fees to balance the scales when there is a large financial disparity between the parties.

Even if you earn less, half the battle is a court understanding the financial picture (financial disclosures, discovery). Ask us early — fee requests have procedural deadlines.

Don’t delay. You have come to the right place — we highly recommend you speak with an attorney to review the documents served on you and discuss your options in responding.

The response deadline starts the day after you were served. Missing it can result in a default judgment — meaning the other side’s requests may be granted simply because you did not respond in time. Response timing is very sensitive. Bring the served papers, and it in time. Call today — don’t wait to see us first.

Yes. In Illinois, either party can file for divorce regardless of whether the other party agrees. Illinois is a no-fault state — you do not need to prove that your spouse did something wrong.

What this means in plain terms: your spouse cannot keep you in a marriage you do not want to be in. If you have made the decision, the process is yours to begin — with or without their agreement.

For a divorce in Illinois, one party must have lived in the state for at least 90 days before filing for dissolution.

Immigration status does not matter: you can get divorced in Illinois as long as you meet the residency requirement. “Here” also includes locations within Illinois — the 90-day rule is about living in Illinois, not in a specific county.

Immediately contact our office. There may be remedies available to you — such as a motion to vacate the default judgment — but this is extremely time sensitive. Courts can set aside a default in some circumstances, but delays usually make it harder.

Yes — there are ways. If your spouse cannot be located, the court can allow service by publication (a notice in the newspaper) or another substitute method instead of personal service. The case can then proceed — often as a uncontested/default case if your spouse never responds.

It depends — and that’s honest. The length of the dissolution depends on the parties, the assets and debts to be divided, and the decisions regarding the child or children.

In our practice we have seen divorces completed in less than a month, and we have seen divorces take several years — including contested custody matters that run until the children turn 18. The single biggest lever you control: how much both spouses are willing to compromise (settlement vs. litigation).

Maintenance is not automatic. In Illinois, the court compares the income and financial resources of both spouses, considers the length of the marriage, and standard of living during the marriage, plus a number of other factors, and then decides whether maintenance should be paid — and for how long.

There are today statutory guidelines used in many cases, but the outcome is always individualized. The key is having a complete, honest picture of both spouses’ finances before the court decides.

Child support is based on both parents’ incomes under Illinois guidelines: parents combine their incomes and the state sets a percentage based on the number of children and the parenting arrangement. In most cases the parent with more parenting time and less income receives support from the other.

Child-related expenses — healthcare, daycare, education — are generally a separate consideration on top of support. If your life changes (job loss, changed income), support can be modified — again, through the court.

The parenting-time schedule depends on many factors: the child’s schedule, each parent’s schedule (including work), where the parties live relative to the child, and the travel involved.

Courts are most interested in consistency and the least amount of disruption to the child’s routine — essentially what’s in the child’s best interests. A written parenting plan built with your goals in mind is the best place to start.

Yes. Illinois only requires that one party has resided in the state for at least 90 days before filing. Your spouse does not need to live in Illinois — or even in the US — for you to start the process here.

Serving notice on someone abroad takes a bit more work, but it is a procedure your attorney handles routinely. A foreign divorce (granted in another country) may or may not be recognized in Illinois — get advice before assuming it is final here.

In Illinois, the law no longer uses “custody” — it uses allocation of parental responsibilities — which means decision-making and parenting time.

A court decides whether one or both parents have the ability to make decisions for the children — healthcare, education, extra-curriculars, religion — and how the time is divided. Full decision-making by one parent is possible where the circumstances support it; the key phrase to remember is always the best interests of the child.

Yes. The marriage was lawful in the Philippines, that does not prevent you from filing for dissolution of marriage in Illinois. Illinois law only requires the Illinois residency requirement (90 days) for one party before filing the Petition for Dissolution of Marriage.

The mechanics: your marriage certificate from the Philippines must be proven to the court — your attorney will guide you on how to present foreign marriage documents in your case.