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FAQ’s

Can we use one attorney?

No. Illinois law prohibits one attorney from representing both parties in a divorce case. If your spouse says that his or her attorney can represent both you, we do not recommend that approach.  Your spouse’s lawyer is your spouse’s lawyer. His job is to help and take care of your spouse – not you. Call our office for a free consultation before making any decisions.  Even if you don’t hire a lawyer, you really shouldn’t work with your spouse’s lawyer as if he were your own.

How long will my case take?

It depends. In some areas you can file an agreed divorce and get divorced on the same day.  The fastest we’ve done a case is five days: filed on Monday, divorced on Friday. Most of the cases we handle are concluded within three or four months. Some cases take longer. The longest case we’ve been involved in went on for over fifteen years.

 

How do I change lawyers in the middle of my case?

You can call our attorney for a free consultation and, if you want to change lawyers, we can do it for you. It’s easy, and you have an absolute right to change attorneys.  It is a short and painless process.  After all you must feel comfortable with your attorney.  We make every effort to make you comfortable.  Because we know, if we don’t you can leave us too.

 

Many of our clients hire us only after they’ve had many bad experiences with their first attorney. If you’re not getting the representation you need, don’t waste time. Call our office for a free consultation and consider your options. You’ve got too much at stake to not get the best representation.

 

When you hire us as “substitute counsel,” you pay a reasonable retainer and give us some basic information. We’ll take care of everything else. We will:

  • Contact your old attorney for you (you don’t have to make that uncomfortable phone call).
  • File our “Substitution of Attorney” with the court and make our introductions to your spouse’s attorney, the court, and anyone else involved in your case.
  • Take control of your file from your former attorney.
  • Obtain a final bill from your former attorney and review it to make sure all fees were reasonable.
  • Get up to speed before your next court date.

Our seasoned and skilled attorney can take over your case today. You can have a new divorce help you create the strategies that will secure your future.

How old does a child have to be before he can decide where to live?

18. We don’t let kids make such decisions. Kids can, however, make their wishes known to the court. Usually a court-appointed attorney of Guardian Ad Litem will work with the children and convey important issues and ideas to the judge. Kids can also meet and talk with the judge – directly – without having to go on the witness stand, testify, or be subject to cross examination.

Are the percentage guidelines written in stone?

No, these are guideline.  However, courts will often follow these guidelines unless a reason can be shown to increase or decrease the support.   Speak with Attorney Colosimo to see if a variance might be warranted in your case.

Do I have to pay support even if the kids are with me part of the year?

Maybe – it depends on the language of your court order. You must obey the court order. If you don’t like the order, obey it and go back to court to change it. Until it is changed, you must obey a valid court order.  If your circumstances have changed since the entry of the order contact us for a free consultation.

What about daycare expenses?

Daycare expenses are sometimes expected to be paid by the custodial parent out of the child support money received. Other times, the court will tack on daycare expenses above-and-beyond the regular child support. It depends on the circumstances of your case. Call our office to learn more.

What about health insurance?

Illinois law requires obligors (parents who pay child support) to also obtain health insurance for the kids if they can do so through their employer. If the employer doesn’t offer insurance, obligors maybe required to buy health insurance for the kids or reimburse the custodial parent for the cost of health insurance.  However, like all things nothing is set in stone.  Each case is different and we can discuss your specific facts with you.

When does child support end?

On the child’s 18th birthday or upon graduation from high school whichever happens last, but no later than the child’s 19thbirthday.  If you have one, check your court order to make sure. Under some circumstances, children may become emancipated prior to their 18th birthday… in which case child support ends upon emancipation. Call our office if you have questions.

Who pays for college?

The parents and the child. There is no formula. Courts do what’s fair. Kids should expect to pay for part of their education – whether it’s with student loans, savings, or a part-time job, students should expect to pay. Mom and Dad should expect to pay, too; each according to their ability.