Issues of properly classifying property can be a key role of a divorce lawyer. How is debt divided?
Pretty much the same as property. If debt is classified as marital and non-marital, then only the marital debt is divided. How long does an uncontested divorce take? Two to three weeks is about the quickest it can be done. It can take longer if the agreements drafted take more work, or if the other party wants more time to consider the agreements drafted. Child Custody and Visitation How is child custody determined? Technically, according the the Illinois Marriage and Dissolution of Marriage Act, there is no preference for joint legal custody.
What are the types of child custody? Legal custody can be sole legal custody or joint legal custody.
With sole legal custody, one person has most the decision making power. With joint legal custody, both parents share decision-making power. How is a visitation schedule determined?
Contested Divorce in Illinois
Visitation can be complicated, and there are sub-parts to any visitation schedule. What is the regular, weekly schedule? Where will the children sleep? Who provides transportation? Your uncontested divorce lawyer will be able to help you address the necessary points to avoid disagreement later.
Child Support How much child support will I have to pay? However, particularly in an uncontested divorce, parents can agree to deviations on the statutory guidelines. What is child support for? Anything the payee wants to use it for. Can I raise or lower child support?
In an uncontested divorce, parents can agree to handle support as the see fit, within reasonable limits. Also, support can be raised or lowered in the future based on various circumstances, such as if the payor experiences job loss or disability.
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- What to Do with a Contested Divorce in Illinois?
Spousal maintenance and support Alimony What is alimony? Any amount agreed to, within reason.
How Long Does a Divorce Take in the Chicago Area?
Having a Divorce Settlement Agreement can prevent the need for a lengthy trial which is both time consuming and costly. In Illinois a divorce can be split into three phases, the temporary phase, the discovery and investigation phase and the resolution phase. The Temporary Phase This phase is meant to stabilize the situation temporarily. Usually this phase is handled informally through each person's attorney. Periodically cases must be resolved by a Court hearing.
If a case enters into a hearing during the temporary phase, the Court will enter in a Court Order which will bind each party until a final judgment is reached, the case is dismissed, or the case is settled. The temporary phase's goal is to keep up the status quo and solve any immediate issues that the family may be facing that would cause the divorce.
In a domestic violence case for example, calling for a restraining order upon the domestic violence offender would be a type of temporary stabilization. However, a spouse does not have to leave the living condition if he or she is not harming the other spouse and or children. Anything day to day is handled in the temporary phase. The Discovery Phase This phase in the divorce involves the identification of the contested issues. If little is contested as far as assets and debts, some couples may choose to waive formal discovery.
However, in many cases a spouse wants to be certain that the estimate provided by their spouse is true and attributable. In this case, formal discovery is necessary. In formal discovery requests are made for documents and financial statements. During the discovery phase parents are also supposed to determine what type of custody they are fighting for.
If parents are fighting for physical custody of the child, often the parents must attend Mediation and alternative dispute system that employs a trained family law mediation who attempts to resolve all the disputes. Also, the court might appoint a "Guardian Aid" to the child.
The Guardian Aid advocates for the best interests of the child and reports to the court in attempts to finding what living situation and custody situation is best for the child. This phase is a bit ambiguous. For some couples this phase is the longest and the most drawn out, for others where their assets are easy to identify and they have no children this phase could almost be virtually eliminated.
ILLINOIS COURTS - Approved Statewide Forms - Divorce Forms
The Resolution Phase This phase is usually where the case settles. Each case is different, but with compromise many cases can find a settlement. It becomes impractical to fight over little things, and once a divorce has reached this stage the process itself has been going on for at least 3 months. The experience is trying and a settlement is usually in the best interest of almost everyone. If a case is being settled then the settlement documents are then prepared and signed by both parties.
A short hearing is then held in front of a Judge. This "Prove — Up" Hearing is meant so that the judge can hear what the circumstances and settlement are. If the judge finds this settlement unfair i. Of course if there are large contested issues, such as custody, the case goes before a Judge without a jury. The Judge then decides how things will be divided based on the evidence collected in the discovery phase. A trial can last anywhere from a week to several years, with a resolution coming over a long period of time. Whether or not your divorce goes to trial, if you feel like you need help don't hesitate to contact a lawyer.
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