Tag Archives: divorce process

Preparation Is the Key to a Smoother Divorce

divorce, Wheaton divorce attorneysThe process of divorce is unlike other many legal matters in that it is deeply personal. A person may spend years or even decades deciding if they should file for divorce or not. Couples may try marriage counseling, trial separations, or endure hours of uncomfortable conversations before reaching the decision to divorce. With all of this emotional turmoil and stress, some individuals seeking a divorce may jump into it without properly preparing. However, taking time to ready yourself and formulate a plan before starting the process can save a great deal of unnecessary stress. There is no way to ensure that your divorce will go perfectly with no difficulties at all, but there are some things you can do to prepare for the divorce process.

Prepare Yourself Financially

Most people who divorce experience a dramatic change in their financial status. They may be forced to live on less income than they previously did, or they may now be responsible for spousal support or child support payments. Furthermore, in many marriages, one of the spouses was in charge of the household finances more so than the other. This means that many individuals who get divorced will need to learn to pay bills, make financial decisions, create a budget, pay taxes or face other unfamiliar territory. Do not be afraid to seek assistance with these challenges. Some people, especially those with complicated financial situations, choose to meet with a financial adviser in addition to an attorney when filing for divorce.

Prepare Yourself Emotionally

There is no way around it. Divorcing a spouse who you hoped to spend the rest of your life with can be devastating. Even if the marriage has been struggling for years and the split was expected, it is still painful. Surround yourself with supportive friends and family, or consider seeing a therapist. Allow yourself to grieve the end of the marriage. Accept your emotions as they come and never be afraid to ask for help managing them. Some who get divorced find comfort in a divorce support group or in getting involved in other social gatherings. Although the process can be painful, there is light at the end of the tunnel.

We Are Ready To Help

Our experienced Wheaton family law attorneys are knowledge and compassionate, and will help you reach your goals and fight for your rights during a divorce. Contact the Andrew Cores Family Law Group to discuss your situation today. Call 630-871-1002 for a free consultation at any of our three convenient office locations.

 

Sources:

https://www.psychologytoday.com/blog/having-sex-wanting-intimacy/201608/4-expert-tips-emotionally-preparing-divorce

https://www.usatoday.com/story/money/personalfinance/lifestages/2012/10/08/financial-tips-divorce/1584063/

Dealing With Depositions in Illinois Divorces

deposition, Wheaton divorce lawyersIn 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.

Questions Typically Asked at Illinois Divorce Depositions

Depositions can cover a wide range of information related to a divorce case. A deposition typically begins with general questions about the length of marriage and place of residence. Other issues that will likely come up include why the marriage ended, your current health and finances, and current job and salary. An attorney will no doubt ask many probing questions about anything that is being contested in the divorce. If there is a conflict about who will get a house, expect an attorney to ask many questions about what you have done to keep up the house and how you will pay for it on your own. If there is a child custody or parenting time issue, an attorney may ask many potentially embarrassing questions about your ability as a parent to strengthen the position of his or her own client.

In some ways, a deposition is as much about what is not said as it is about the actual testimony given. In addition to your given answers, an opposing attorney will look for the inconsistencies in your testimony and how you respond under pressure to a series of difficult questions. The other side will want to get an idea of how you will testify at an actual hearing. Because of the complexities of depositions, it is a good idea to obtain legal counsel before heading into one so that you are aware of the process and how to address questions that are likely to arise. You may not be required to answer every question that is asked, and your lawyer can help you develop a responsible deposition strategy.

Contact an Experienced Attorney

A divorce can be a long and stressful process, which is why it’s so important to have an experienced lawyer on your side to guide you through the process and protect your rights. Contact our compassionate DuPage County family law attorneys today for a consultation.

Source:

https://www.law.cornell.edu/wex/deposition

Should You Take Your Divorce Case to Trial?

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,As part of the Illinois divorce process, if a divorcing party is not able to resolve all of the pertinent divorce-related issues present in their case, the case will proceed to a “trial.” This is not like the trials you may see on popular television shows: this trial will be in front of the judge assigned to your case, and will not be heard by a jury. The only people that will be present will be the parties themselves, the attorneys for each of the parties, and any witnesses the parties intend on examining for the purpose of helping the court decide the unresolved issue(s). Although a divorce “trial” typically lasts much shorter than a civil or criminal trial that is to be decided by a jury, divorce trials can nonetheless be equally draining and costly. So how do you know when you should attempt to settle your divorce case and when you should proceed with a trial?

Factors to Consider before Settling Your Divorce Case

A popular song from yesteryear declared that “you have to know when to hold ‘em . . . [and] know when to fold ‘em.” In some ways, divorce can resemble a game of strategy: there are issues that can and should be litigated and matters that are so inconsequential that spending much time arguing with the other party over them is a waste of resources. In attempting to determine if a particular issue falls into one category or the other, ask yourself these two important questions:

  1. How important is “winning” this particular issue to me . . . really? Some individuals in a divorce spend a significant amount of time and resources attempting to “win” every issue and dispute just to be able to claim a “victory” over their spouse. These individuals truly win the battle but often lose the war. If you have not driven your spouse’s antique car or used the china you and your partner received for your wedding, consider whether it truly is advantageous to you to spend time fighting about who gets these things. Discuss with your DuPage County divorce attorney the expenses involved in having a particular issue litigated. While some issues may be worth fighting for no matter the cost (i.e., child custody), it may not make sense to spend $2,500 in attorney’s fees to obtain a $500 piece of property; and
  2. How likely am I to “win” this issue? Depending on the particular issue in question, the court may apply one of several legal tests to determine how to resolve the issue. Discuss the issue with your attorney ahead of time to learn what legal test the court will apply. Your attorney can also help you determine if the facts that the court will review in making its determination are in your favor.

Ultimately it is your decision whether you want to settle issues in your divorce case or have a judge decide the issue. At our firm, our skilled DuPage County family law attorneys can help you make an informed and well-advised decision in this regard. Contact our Oswego, Chicago, or Wheaton office today for experienced legal assistance.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm