Lack of effective communication is a major reason why couples divorce.
When there are minor children involved, the communication becomes paramount.  Obtaining a divorce does not eliminate the need and importance of communication between the parties as it relates to minor children.  As the divorce mediator explains in the video below, divorced couples with minor children will in most cases know each other for the rest of their lives.  There has to be some level of communication to afford the children the best chance of normalcy after the parties have gone their separate way.

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Although there are plenty of forms available for pro se filers, it may not be the best use of your precious time.  There simply is no comparison between a seasoned professional and an amateur.  You cannot expect to understand your way around a divorce case by handling it yourself for the first time.  The court does make the form available as well as sample pleadings that you can research at the law library and alter to make your own.  However, just having the forms is not the answer.  You really need the advice of a divorce or family law attorney who knows what is allowed under the law and the proper way of obtaining the desired relief.

Getting It Right

Add to the mix the necessity to file electronically and you can imaging the steep learning curve to even get a motion or pleading in front of the court at the right date, time and room.  Don’t forget that notice must be given to the other side and in some cases, courtesy copies to the judge.  Take the advice of others who have filed pro se using the available court forms and seek a competent divorce attorney in your local area.  The money that you pay for professional services will likely be worth the effort in the long run.

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If you have been served with a Petition for Dissolution of Marriage, you or your attorney that you hire will need to file an appearance with the Clerk of Court.  This appearance (shown below) is the Respondent’s admission to the contest.  If no appearance is filed, then the Petitioner can proceed to a Judgment by default.  In that circumstance, the Petitioner will be granted the relief requested in the pleading or petition.

Appearance Filing Fee

When the appearance is filed, the Clerk of the Circuit Court of Cook County is going to assess a filing fee of $237.00.  The appearance will be filed electronically and served upon opposing counsel or the Petition directly if he or she is filing pro se.  The appearance fee is essentially the admission fee to defend the case.

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The video below talks in general terms about how custody is decided in a contested matter.

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In a recent case, with a trial date soon approaching and a discovery close date not yet occurring, opposing counsel is failing to turn over discovery claiming that they do not have it completed yet. This involves evaluation of a business which should be done very early in the process. Without that discovery, the petitioner has no way of offsetting or attacking the valuation from the other side. If the petitioner simply waits, he will be prejudiced in that the respondent may bring out that information at the last minute without an opportunity to properly examine it.

The lesson here is simple. When you propound discovery, and it is not forthcoming, you need to take the appropriate action and bring a motion to compel. Otherwise, you run the risk of never receiving that discovery and potentially, maybe being accused of malpractice by your client.

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It’s important to note that many people think that their pension and profit sharing benefits are going to remain separate simply because they were individually earned. This is not how the state of Illinois views these assets. The state of Illinois takes a broad approach whereby any asset incurred during the marriage is considered marital property unless the court orders otherwise. Keep this in mind as it relates to just about any other piece of property earned during the marriage by either party. Those assets, much like the retirement benefit are subject to an equitable division.

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Attorney Jesse Barrientes tackles this tough question which often involves litigation. With the increasing cost of college, the percentage that one pays can mean a big difference in the total out-of-pocket expenditure. Multiply this by the fact that there may be multiple children in college at the same time, you can see where the importance of getting a fair award as to who pays what and how much is critical.

The post How much do I owe for my child’s school tuition in Divorce? appeared first on Divorce Lawyers Chicago.

This is the divorce case for Mr. Davis, who resides in Chicago, Cook County, Illinois. This is a divorce case by publication since Mr. Davis does not know the whereabouts of his spouse. Here are the facts as we know them: the parties were married on May 28, 2008 in Buffalo New York. The parties separated shortly thereafter in the beginning of 2009. Thus, they have been apart for a period in excess of two years which is what is needed to prove up the grounds of irreconcilable differences. We could also use the grounds of desertion since Mrs. Davis has been gone for more than one year without any information as to her whereabouts and her departure was not caused by Mr. Davis.

Since this is a divorce by publication, the court will merely grant the divorce and nothing else. This means that all other issues concerning the parties, property, debt, retirement benefits and all other issues are going to be held in reserve. These issues can be litigated at a future date provided there is personal jurisdiction and subject matter jurisdiction over the respondent. However, in 99% of all publication divorce cases, the respondent is never found or heard from again. Thus, those issues that remain reserved likely will remain reserved forever.

The Process

The process to complete the case is as follows: we file a petition for dissolution of marriage on behalf of Mr. Davis and against Mrs. Davis. We allege the grounds of irreconcilable differences since the parties have been living separate and apart for a period in excess of two years. We serve the respondent by posting this in a publication for three consecutive weeks and by sending a copy to the last known address that we have for her. She has approximately 30 to 45 days to respond to the court and file what’s known as an appearance. If she does not do so within that timeframe, we are able to set a motion for default and prove up the case against the respondent. It is at that time, that I and Mr. Davis will appear before the court to present our case. I will ask a series of yes and no questions to Mr. Davis and the court might have some additional questions. If the court is satisfied with the documents that were filed as well as the answers to the questions presented to Mr. Davis, the judge will typically enter the judgment for dissolution of marriage instanter, which means immediately.

Divorce by publication only applies if you do not have the ability to locate your spouse and provided you have made reasonable efforts to investigate and attempt to locate your spouse. Due process requires that people be served with a summons and a petition if they can be located. Publication divorce cases are reserved for those cases in which the respondent cannot be located after a diligent inquiry and investigation.

For more information about divorce by publication and how such a case may apply to you, you can contact the office directly.

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For detailed information about immigration, I would recommend that you contact an attorney that specializes in immigration law. For purposes of divorce and immigration, there typically is no change in immigration status as a result of the parties dissolving their marriage.

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