Understanding Highly Litigated Illinois Divorces

WHAT WILL A DIVORCE LAWYER DO FOR MY DIVORCE?

The Right Lawyer Will Help Alleviate Issues Surrounding Your Divorce

Couples going through a highly litigated Illinois divorce process may face numerous issues. Child custody disputes, domestic violence, dividing assets and debts, alimony amounts and terms, legal separation, and settling other financial obligations can be among the contentious matters in a contested divorce. For couples who have been married for many years, or who have significant assets involved, the emotions and legal wrangling can be especially heated.

Additionally, implementing complex legal settlements sometimes requires experienced mediators to come in to resolve disputes or help craft solutions. Potentially entering into lengthy negotiations and court battles can also be financially draining as both parties look to protect their interests by retaining independent attorneys.

Either spouse may file a petition for dissolution of marriage so long as one party expresses that there is an irretrievable breakdown of the marriage within a divorce petition. The grounds for divorce were previously more specific in order for a spouse to file for divorce. With changes to the Illinois Marriage and Dissolution of Marriage Act, family lawyers are now able to file with ease and in a fairly quick fashion.

Understanding these potential challenges before embarking on a highly litigated Illinois divorce is important to ensure that you are adequately prepared for what to expect throughout your case.

The attorneys at Chicago Family Attorneys, LLC will not only fight for you, but they will work to ensure that you understand your options.

Child Custody Disputes In Divorce

A child custody dispute during a divorce in Illinois can be overwhelming, especially if both parties are unable to reach an amicable agreement. It’s highly recommended that those who are facing a divorce in Illinois seek legal advice and representation from experienced family law attorneys who can help guide them through the process. It is important to note that child custody cases are now called allocation of parental responsibilities and allocation of parental rights in Illinois.

In some cases, couples are able to arrive at mutually beneficial custody arrangements that take into account the best interests of their children. However, when a couple cannot agree on how to divide parenting responsibilities or visitation rights for their child(ren), the court may order mediation in an effort to resolve the dispute.

If mediation fails, then the case may enter litigation where both parties will need separate attorneys to represent their interests before the court decides on a resolution.

Since child custody disputes can be complicated and often expose painful details about a couple's marriage, there are many benefits to hiring an experienced lawyer. The lawyer should be knowledgeable about divorce and family law in Illinois and how it applies specifically to your situation.

In these instances, a court appoints a guardian ad litem to interview each parent's parenting time and what is most appropriate for the minor children within the case. A guardian ad litem is an independent attorney who represents the children in the matter and looks out for their best interests.

An attorney can provide valuable guidance throughout the process and help ensure that your rights as a parent and your children’s best interests are protected every step of the way. Additionally, attorneys can negotiate with opposing counsel on your behalf while working towards a fair outcome that allows you to move forward with peace of mind.

It is important to remember that child custody matters in divorce cases are always focused on what is in the best interests of children within a matter.

When divorce proceedings take place in Illinois, the court looks to determine child custody under the Illinois Marriage and Dissolution of Marriage Act as well as the Illinois Parentage Act.

When making their decision, Illinois courts must evaluate various criteria that focus on what will be in the best interests of the children in divorce cases.

Factors taken into consideration may include which parent has been more involved with the children throughout their lives, and each parent's capability to offer a safe home environment and provide for proper physical and emotional care of the children.

The court will also determine which parent is more able to accommodate the special needs or educational requirements of their children. Ultimately, whichever party is deemed to be able to best serve a child's developmental needs will usually gain custody of the children in the matter.

Child Custody Judgments May Not Be Permanent

Modification of Child Custody Is Possible If Circumstances Change

Modification of child custody may be difficult at times if you do not have the right legal representation fighting for you.

In divorce cases in Illinois, child custody can be modified to reflect changing circumstances or the needs of a child. Depending on the age and maturity of the child and the court's judgment, previously agreed-upon custody arrangements can be challenged in legal proceedings.

When making modifications to existing agreements, courts weigh factors such as each parent’s financial situation and living situation as well as the wishes of each parent and any other relevant issues that may arise. Ultimately, however, any modification should be in the best interest of the child.

Ultimately, courts look at what circumstances have changed. Circumstances can include changes in a parent’s financial situation, increases in the child’s need for medical care or education, and various other factors. If a court determines that there has been a sufficient change to warrant modification of a custody arrangement, it will look at the best interests of the children and make a determination based on those criteria.

In addition to granting modifications for custody arrangements, courts also assign responsibility for monetary support of children involved in divorce cases by issuing orders known as “Financial Affidavits”. These affidavits are used to determine the amount of financial support that each parent is expected to contribute.

The ultimate goal of divorce proceedings is always to make sure that your family gets through the process with the best outcome possible. That is why it is important to have a divorce attorney who understands divorce law in Illinois and can fight hard for you and your family’s best interests.

If you are in a divorce, an experienced divorce attorney can advise you of your rights and ensure that the terms of the divorce agreement are fair. They can also explain the financial implications of your divorce, and work toward a resolution.

Contact our law firm today if you need legal representation for divorce or family law in Illinois. We will provide knowledgeable guidance and fight for you every step of the way. If you would like to book a consultation, please book an appointment online or by calling us at (312) 210-9614.

Child Support In Illinois Divorces

In Illinois divorce cases, the law requires that those involved pay for their children's needs, including support and a place to live. Determining the amount of child support is an important process that takes different factors into consideration.

The court looks at both parents' income and other financial resources, as well as the needs of the child and how much time will be spent in each parent's custody.

This can complicate matters as many divorce proceedings take a long period of time to finalize and this often impacts job security or ends a source of income for one or both parents.

However, all divorce circumstances are taken seriously in order to ensure that the necessary funds are available to provide the best care for any children involved. The court may also look at the earning potential of each parent and what each party earns as net income.

In order for the court to make this determination, both parties must provide a financial affidavit detailing information such as income, expenses, assets, and liabilities. The court then uses this financial information to calculate an amount deemed necessary by Illinois Law in order to adequately provide for the needs of each dependent child.

At Chicago Family Attorneys, LLC we understand that Divorce proceedings can be complex and emotionally draining. We are dedicated to providing compassionate representation and tenacious advocacy throughout your divorce proceedings so you can move forward with peace of mind. Contact our office today if you need assistance in your matter.

What Do I Do If I Think My Child Support Is Too High?

If you believe that your financial affidavit, the other party's financial affidavit is inaccurate or that the court has ordered too high of a child support amount, you should consult with an experienced Divorce Attorney right away. It is important to have the right child support order and divorce decree entered in your family law case.

Our Divorce Attorneys have the experience necessary to advocate for clients in the family courts of Illinois. Contact us today if you need assistance in your Divorce matter. We look forward to helping you reach a resolution that works for all involved.

How Is Spousal Support Calculated In Divorce?

Calculating spousal support can be a key concern for those going through a divorce in Illinois. Spousal maintenance also known as alimony is a court-ordered payment that one party makes to the other to provide financial assistance during and after the divorce.

The amount of spousal maintenance payments, as well as their duration, is determined by considering several factors including both parties’ income, earning capacity, age and health, education, as well as child-rearing duties, and contributions each partner made to the marriage.

In Illinois, there are three different types of spousal support: periodic, lump sum, and reimbursement payments. 

Periodic payments must be paid in either cash or other forms of property on an ongoing basis for a set duration.

Lump sum payments are typically given when economic conditions are expected to change in the near future (such as a job loss or promotion). Lastly, reimbursement payments are usually used to compensate a spouse for any investments they made during the marriage that benefited both parties (for example providing care while their partner pursued education or professional opportunities).

The courts will consider several factors when calculating maintenance including need, ability to pay, length of the marriage, and standard of living established during it.

Additional considerations include how much time each parent spends with their children and any evidence suggesting that one partner sacrificed career goals for the sake of maintaining the marriage or making it possible for the other to pursue career goals.

Ultimately, these details must be taken into account in order for a fair settlement agreement to be reached.

Hiring a lawyer for spousal maintenance is a smart choice for anyone going through a divorce in Illinois. 

An experienced lawyer can help you understand your legal rights and obligations, navigate the complexities of Illinois’ family law system and make sure that you maximize your financial settlement.

They can also provide valuable insights on calculations related to maintenance, such as what should or shouldn't be included in the calculation, how long it should last, how it may change over time, and so on.

Additionally, an attorney can represent your interests in court if there is any disagreement about alimony payments between both parties.

They are also experts in negotiating settlements with opposing lawyers and mediators that ensure that all of your needs are met during divorce proceedings.

Ultimately, this can benefit both individuals by saving them from costly litigation fees and ensuring everyone gets what they need out of the agreement.

In the event that a paying spouse does not abide by the terms of the judgment, a petition for rule to show cause may be filed. if this occurs, the paying spouse may be held in contempt of court and forced to pay a cash bail until they are in compliance with the court's order.

Dissipation and Maintenance Payments In Divorces

Marital dissipation is a serious issue when it comes to divorce proceedings in Illinois. It occurs when one spouse makes irresponsible decisions with marital funds or assets without the other spouse’s consent. Dissipation claims can have a significant financial impact on any case.

Examples include lavish expenditures, gambling losses, or transferring of funds between family members and friends. Unfortunately, marital dissipation can have long-term financial consequences by decreasing the net worth available for division during the divorce settlement.

If you suspect that your soon-to-be ex-spouse is dissipating marital assets in an effort to reduce their share of the settlement amount or decrease support obligations after your divorce is final, then it’s important to take swift action.

Contacting an experienced Chicago family law firm and documenting any related transactions can help protect your rights and ensure that all relevant financial issues are accounted for in the proceedings.

The courts will consider any evidence of dissipation when it comes to reaching a fair and equitable division of marital assets and marital property during a divorce case in Illinois.

This includes awarding additional compensation to make up for any losses suffered as a result of this misconduct. Additionally, damages may be awarded if it can be proven that there was malicious intent on behalf of the former partner to dissipate property with solely the goal of depriving the other party of rightful ownership before or during the litigation process.

Most people do not realize that dissipation claims may invalidate portions of a prenuptial agreement or postnuptial agreement. They may also have significant impacts upon net income, marital property, and property division within your matter. All of these are factors that are considered in maintenance calculations. The calculations used for alimony are fairly dependent upon numbers that dissipation impacts.

Gain sound legal advice on a personal level from the Chicago divorce attorneys at Chicago Family Attorneys, LLC.

What Tools Are Used To Help Win Divorce Cases In Illinois?

Each client has a different viewpoint on what "winning" is in a divorce. Our team looks at trying to meet the most underlying goals that our clients have to determine an appropriate litigation plan for each client's divorce.

After understanding the client's goals, we can then determine what tools to use in their case. Divorce is often a complex and emotionally charged process, and it is important to have the right tools in place to help ensure a successful outcome.

In Illinois, attorneys use various strategies to help their clients win divorce matters and make sure that they get the best possible resolution. These tools include discovery, negotiation tactics, litigation strategies, and more.

First, attorneys use discovery as a tool to ascertain both parties’ financial backgrounds and any potential misconduct or hidden assets that may have an impact on the settlement outcome. Through interrogatories, document requests, depositions, and physical examinations, attorneys are able to get an in-depth look at each person's finances and file the necessary paperwork for court.

Negotiation tactics are also important in helping attorneys secure the best possible results for their clients during divorce proceedings. Illinois family law encourages settlements outside of court whenever possible – most judges prefer it this way – so having a skilled attorney who knows how to approach negotiations can be extremely helpful. An experienced lawyer can identify areas of disagreement between spouses and work out a mutually beneficial resolution.

Litigation strategies are also essential for those cases where negotiation fails or one spouse is unable to come to an agreement with the other due to safety concerns or other issues. A good attorney will use all available resources at their disposal – such as expert witnesses – to present the strongest case possible on behalf of their client in order to achieve the desired result.

Having the right tools in place is crucial when it comes to winning divorce matters in Illinois. From discovery and negotiation tactics through litigation strategies, experienced attorneys can advise their clients on all aspects of family law so that everyone gets what they need out of the settlement agreement while avoiding costly legal battles down the road.

Assistance with family law matters is of great importance to our law office and we are dedicated to assisting each client. Family law cases need the right attention from dedicated family attorneys who know court procedures and how to thoroughly represent their client. Our office is here for you. Book an appointment by calling us at (312) 210-9614 or book an appointment online.

What Is Discovery In A Divorce Case?

Discovery is a process in which each party in a divorce can request information from the other party to ensure that all relevant facts and documents are available before hearings or trial. Discovery helps assist in highly contested divorces by providing each party with an opportunity to seek out any missing or unclear information.

In Illinois, discovery is typically accomplished through interrogatories (written questions posed to the other spouse), document requests (asking them to produce requested documents), depositions (oral testimony regarding relevant issues given under oath), and physical examinations. The discovery process can also be used to determine assets owned by each spouse, any hidden assets, income, or debts, as well as spousal misconduct that could have an impact on alimony payments.

This comprehensive look at both spouses’ financial situations helps ensure that all assets are divided fairly between both parties while helping prevent surprises at trial. Moreover, it allows attorneys to better prepare their cases and make sure they know exactly what their client needs in a settlement agreement.

How Are Attorney's Fees Handled In Highly Litigated Matters?

Generally, attorney's fees are paid for by the spouse that hired the attorney, but there are certain circumstances under the Illinois Marriage and Dissolution of Marriage Act whereby attorney's fees may be paid for by the opposing party.

In these cases, the court must consider various factors like each party's financial resources and any dissipation of assets committed by either spouse. Ultimately, this is the court’s way of helping ensure that both spouses have a fair chance in the divorce proceedings and it also helps prevent one party from having an unfair advantage.

Our Chicago divorce attorneys understand all of these factors and can effectively advocate for their clients when seeking attorney's fees from the other spouse. They are well-versed in family law and know how to best protect their client's financial interests while ensuring that they get what they deserve out of the settlement agreement.

The experienced lawyers at our law office are here to help fight on your behalf during highly litigated matters and make sure you receive a fair outcome. Contact us today for more information!

Moreover, in highly litigated matters, the court can order both parties to file a Financial Affidavit that lists all current income, expenses, and assets. This allows the court to make an informed decision about who should be responsible for covering attorney's fees or other costs associated with the divorce proceedings.

At our law office, we understand how stressful and difficult it can be for individuals going through a contested divorce. We work hard to ensure that all finances are accounted for accurately so that our clients get what they deserve in their settlement agreement while also minimizing legal fees incurred during the divorce process. We will fight to protect your best interests and ensure that you receive a fair outcome.

To book an appointment, call us at (312) 210-9614 or book an appointment online.

Is there a difference if I was in a civil union or a marriage and I am seeking a legal separation or divorce?

The court process is generally the same or similar, but it is important to speak to a licensed attorney to evaluate your case.

Do I need to start a paternity case if I am married and seeking a dissolution of marriage in Illinois?

No, you do not need to start a paternity case. Paternity cases are only necessary if the father of the child is not listed on the birth certificate or if there is any question about who the father of the child might be.

If you are married and seeking a dissolution or legal separation in Illinois, then paternity does not need to be established.

However, it is still important for both parents to establish legal custody rights of their children. An attorney can provide guidance and assistance with this process.

What portions of postnuptial agreements or prenuptial agreements are most likely challenged in divorces?

When a Divorce occurs, many of the provisions in both prenuptial and postnuptial agreements may be challenged.

Generally, these include alimony payments, division of assets, child custody arrangements, and any spousal support payments. However, any other agreement that was made prior to Divorce can also be subject to challenge.

It is important to note that Divorce cases can be complicated and it is best to seek legal advice from an attorney.