- Are you attorneys?
- Who can get an uncontested divorce?
- How long can an uncontested divorce take?
- What is the difference between a divorce, legal separation and an annulment?
- How is child support calculated?
- What is "parent responsibilities"?
- What does it mean when they say Illinois is an equitable distribution state?
- What is a parenting agreement?
- Is this true that I have to be separated for two years before applying for a divorce?
- What is maintenance?
- Do you provide therapy?
- Do you give any financial advice?
- What are the areas that you are serving?
1. Although Dr. Ayala is not an attorney, she has a degree in Children and Family Law from Loyola University. Divorce Dimensions also has attorneys as consultants.
2. Spouses who can amicably decide to terminate their marriage. They also must be able to come to the agreement on relevant issues, most importantly children and assets.
3. In the state of Illinois, a simple uncontested divorce does not take more than 60 days to finalize.
4. There are differences between a divorce, legal separation and annulment. A divorce is a judgement by a court that you and your spouse are no longer legally married. A legal separation is when a husband and wife are separated and no longer living as if they are married but the parties are still legally married and retain the rights of a spouse. An annulment is now knowing as a declaration of invalidity of marriage.
5. Child support is calculated based on the number of children and by the individual’s net income of the paying spouse.
6. Parent responsibilities is a new term used in the Illinois Marriage and Dissolution of Marriage Act that became effective as of January 1, 2016. What this means is that both parents will be responsible for the best interest of the child when allocating parenting time and significant parental decision making responsibilities. According to Section 102 of the changes to the Illinois Marriage and Dissolution of Marriage Act, these are the purposes of parental responsibilities:
"To protect children from exposure to conflict and violence; to ensure predictable decision making for the care of children and for the allocation of parenting time; to avoid prolonged uncertainty by expeditiously resolving issues involving children; and recognizing the rights of children to healthy relationship with parents and the rights of parents to that relationship as well as the responsibility of the parent to ensure that relationship".
7. Equitable distribution means that marital property is divided fairly among the spouses. This doesn’t mean that a property has to be divided 50/50. What the court does is that they look at a series of factors, such as, who has custody of the children, age and health, and debt obligations to name a few things.
8. It is an agreement between the spouses regarding any custody or visitation problems. The agreement contains, where the child will live, visitation schedules, and with whom the child be spending the holidays, birthdays and vacations.
9. This is no longer the case, as of this year the two year period wait is now only six months.
10. Maintenance is what used to be Alimony. It is determined by:
- both spouses’ income and property
- financial needs,
- the present and future earning capacity,
- the standard of living established during the marriage,
- the length of the marriage,
- the age and physical and emotional condition of spouses
- any other factor that the court believes is fair and equitable
11. We do not provide therapy, although if someone needs of such service we will refer them to someone who can help.
12. We do not provide any financial advice. We have partnered with different professionals who the spouses can be referred to help them organize their financial situation. It being figuring out who stays with what and what their goals for the future be.
13. We currently serve Cook, Du Page, Lake and Will county. If you can’t come to our office in Oak Park, we can meet you somewhere close to you.