Posted on April 28,2016 in Divorce

“Discovery” is a common term that means something very different to attorneys than the general public. While television shows like to cover the initial filing of a lawsuit and the trial, rarely does the media portray the slower-paced discovery process that occurs in between the beginning and ending of a case. After a divorce case is filed, and the respondent files an answer to the petition for dissolution of the marriage, the attorneys begin the discovery process of exchanging information with each other to facilitate a resolution to the case.

What is Discovery in a Divorce Case?

Discovery can consist of several different processes and associated terms. These include:

• Request for Production of Documents - This involves requesting documents that are relevant to the case. In a divorce case, typical documents that must be produced are financial records such as bank statements and tax returns.

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 Posted on April 26,2016 in Divorce

The media often portrays divorce as a messy affair, and you likely have friends and family members who have also shared horror stories about expensive and lengthy divorce battles in which they lost everything. The fact is, however, that divorce does not have to be like that. Sometimes couples just find they can no longer live together and decide to part ways amicably and move on with their lives . In these instances, what is called an uncontested divorce is often right way to go.

What is an Uncontested Divorce?

Put simply, an uncontested divorce is a dissolution of a marriage in which a couple agrees on everything, or nearly everything about splitting assets and ending the marriage. The couple must be prepared to present a reasonable divorce settlement agreement to the court that addresses all of the necessary considerations.

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 Posted on April 21,2016 in Divorce

Divorce can, unfortunately, be an expensive proposition, particularly if there are complicated disputes about how to split property or spousal maintenance. Cases involving parental responsibilities and child support can also become extremely costly. In many such cases, one side may seek attorney’s fees from their former spouse. While it is possible to obtain legal fees from a former spouse under Illinois law, there are certain criteria that must be met in order to do so.

When Are Attorney’s Fees Awarded?

Under Section 5/508(a) of the Illinois Marriage and Dissolution of Marriage Act, there are several circumstances in which a court may award attorney’s fees following the conclusion of a divorce proceeding. These include to defend against a divorce or appeal, to defend against a modification to a court order, to enforce or modify a court order, or to reimburse costs for the preparation of a divorce petition. Essentially, almost any action related to a divorce is eligible for reimbursement of attorney’s fees. However, whether awarding those fees is appropriate is still left to the discretion of the court, and courts can be extremely hesitant to award attorney’s fees unless a spouse can show extreme hardship in paying their own way.

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 Posted on April 19,2016 in Divorce

Divorces usually take many months to finalize, and the constant hearings, court orders, and normal difficulties of dealing with a spouse you are ending a relationship with make it an extremely difficult process. Of course, divorce is often necessary for many reasons. But while this process can be long and often messy, there are actually several steps you can take to make it go a little more smoothly.

Get Your Finances in Order

Perhaps the best thing a couple can do to prepare for a divorce is enter into a prenuptial agreement, as this can make the division of property and spousal maintenance an extremely simple process. However, many couples are hesitant to even broach the subject before marriage, which is understandable.

Without a prenuptial agreement in place, the first thing you will need to do is gather your financial information. This includes bank account statements, income tax filings from the past few years, and any investments. If your former spouse is going to be seeking some of these assets or spousal support, this will be key information in the case.

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 Posted on April 14,2016 in DuPage County Divorce Lawyers

In many cases, when divorces turn nasty, it is because of disputes over property. Each spouse believes they are absolutely entitled to an asset that was given to the couple or that they purchased together, such as a car or a couch. Hiding a new car is not very easy, of course, but, spouses may think they can hide other, less tangible assets from their former spouses to avoid splitting it during the divorce. Fortunately, there are several procedures available to locate these assets and ensure you get your equitable share of the marital property.

How Assets Are Hidden During a Divorce

Section 503 of the Illinois Marriage and Dissolution of Marriage Act provides that all property acquired by either spouse may be divided into three categories during divorce: marital property, non-marital property, and commingled property.

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 Posted on April 12,2016 in Divorce

Same-sex marriage has been legal in the state of Illinois since 2014, but last year in the landmark case Obergefell v. Hodges, the U.S. Supreme Court held that bans against same-sex marriage were unconstitutional in any state. This opened the door for all same-sex unions in the United States to enjoy the same legal recognition as straight couples, considerations that also extend to divorce law. While the basics of seeking a dissolution of marriage in Illinois are now the same for any couple, regardless of the genders of the spouses, there are still some issues surrounding same-sex divorce that have not been completely addressed by the courts yet.

The Divorce Process in Illinois

Any couple seeking a divorce in the state of Illinois must meet the following procedural requirements:

• At any time, either spouse may file a Petition for Dissolution of Marriage, which then must be served on the other spouse. The spouse that receives the Petition has the opportunity to file a response to the allegations contained within;

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 Posted on April 07,2016 in Domestic Violence

While divorces are often contentious, and parties say harmful things they later regret, usually these cases are not violent in nature. But unfortunately, on occasion, one party is so hurt by the divorce that they feel the need to threaten the other spouse. In some cases, violence and threats are the reasons for the divorce. The laws of Illinois do not require you to put up with this harassment, however. If you feel that your former spouse intends to do you harm, you can seek an order of protection from the court that bars him or her from contacting you.

The First Step: Emergency Orders of Protection

Because any threat of violence is a serious matter, Illinois law allows for someone in fear of their safety to obtain an emergency order of protection from a court without the other side being able to contest it. This emergency order can bar the other party from having any direct or indirect contact with you or your children, but it only lasts for 14 or 21 days before it expires. There are, however, more long-lasting protection orders available.

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 Posted on April 05,2016 in Child Support

Far too often, parents who owe child support will do anything they can to avoid making payments for their children’s necessities. Frequently, this means multiple trips to court and tense hearings before a judge. In some cases, judges will hold parents who refuse to make child support payments in contempt of court and order them to spend time in jail. In the most extreme cases, parents will flee the country because they think it is might be a way to avoid meeting their child support obligations. Fleeing the country does not release you of a court order to pay child support, but it does make the process of collecting payments more difficult.

How to Get Child Support from an Ex Who Moves to Another Country

Obviously, there first needs to be a valid child support order from an Illinois judge before you can make any claim that you are entitled to child support. If the child was born during the marriage, child support is usually set forth as part of the divorce agreement. If the child was not born during a marriage, a hearing may be necessary to establish paternity. If a parent leaves the country before a hearing can be held, he or she may be ordered to pay child support by default.

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 Posted on March 31,2016 in Division of Assets

Under Illinois law, pets are technically considered property, but any dog or cat owner knows that pets are really more like family members. Because of the fondness that many people have for their animals, it is unsurprising that pet custody becomes a contentious issue in many divorce cases, but it was actually just recently that Illinois courts determined whether divorced spouses have rights to pet visitation the same as they do with children.

Divorce Court Goes to the Dogs

In Re Marriage of Enders was one of the final cases to come out of the First District of the Illinois Court of Appeals in 2015. In the case, the wife filed the initial petition for divorce following 10 years of marriage, during which the couple acquired two dogs. While separated, the wife kept the dogs at her home because the husband was not allowed to keep pets at his apartment. He believed, however, that they would have joint custody of the canines and claimed that his landlord would allow the dogs to visit for short periods of time. After alleging that his ex-wife was denying him any contact with the dogs, he filed a petition for temporary weekend visitation, which was granted by the trial court. The wife appealed.

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 Posted on March 29,2016 in Divorce

In the weeks following the initial divorce filing, the parties will exchange information about their assets and income to determine how marital property is to be distributed and whether either side is entitled to spousal maintenance. If the couple had children, a temporary custody agreement might also be entered into at this point. Often, many disputes about property and child custody can be settled by negotiation, but if a case becomes especially contested, either party may decide that they need to take depositions to pursue their case.

What Is a Deposition?

A deposition is testimony taken under oath, and your appearance is required if you receive notice that you are to be deposed. A court reporter creates a transcript of the deposition, but depositions are usually taken at an attorney’s office with no judge is present. Attorneys for both sides may ask questions during the deposition about the disputed issues relating to the divorce, or object to irrelevant questions. The general purpose of depositions in a divorce proceeding to uncover information of which the party taking the deposition was previously unaware. Anything said at the deposition may later be admitted into evidence before the court.

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