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The Divorce Process
Introduction
to Divorce
No one wants to hire a divorce
attorney, but the fact is that millions of men and women
go through divorce-related proceedings every year. Divorce
can be one of the most stressful and emotionally painful
experiences that you will ever endure. The right attorney
will help you through many of the issues involved with
divorce and will care about you as an individual and
your case. On the other hand, choosing the wrong attorney
can be extremely costly and could add further aggravation
to your experience. We take pride in helping clients
go through this experience and would be happy to meet
with you to discuss your options.
Divorce
in Illinois
Divorce itself is not a complex
process in Illinois. In fact, an individual may choose
to represent themselves in a divorce action (See
FAQs)
However, there are very complex issues that arise
in domestic relations cases including child custody,
child visitation, child support, property division,
and spousal support.
The divorce process is started by one party filing
a Petition for Dissolution of Marriage.
Once filed, the Petition must then be served
on your spouse either by a sheriff or by special process
server. If you are unaware of your spouse's location,
you may still obtain a divorce by following certain
notice rules. After waiting the specified period of
time, your attorney can appear and obtain your divorce.
There are multiple grounds for divorce in the State
of Illinois (See
the FAQs).
Divorce
Terminology
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Child
Support
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The
amount of money that custodial parent receives
from the non-custodial parent to provide support
for the minor child of the parties.
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Contested
Divorce
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Either
party does not agree on issues such as: property,
child custody, child support, alimony, assumption
of marital debts etc.
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Maintenance/Alimony
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Payment
of support (not child support) from one spouse
to another so that the spouse receiving the
payment can maintain the lifestyle that he/she
was accustomed to during the marriage.
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Petition/Complaint
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The
pleading that is filed by the Petitioner to
begin the divorce process.
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Petitioner/Plaintiff
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Person
that originally files the divorce action.
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Retainer
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A
fee paid to an attorney in advance for services
to be rendered.
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Respondent/Defendant
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Person
that is the opposing party in the divorce
action instituted by the Petitioner/Plaintiff.
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Summons
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The
document served upon the Respondent along
with the Petition requiring that person to
file an appearance on their own behalf to
continue the divorce process.
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Uncontested
Divorce
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The
parties agree on ALL aspects of the divorce
and there is an agreement to that between
the parties.
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Visitation
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The
right of the non custodial parent to see the
children.
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Child
Support Determination
Child support amounts are based
upon custody categories and the net income of each party.
The Illinois Legislature has provided insight into this
area and created a table for the calculation of child
support for the non-custodial parent (See
FAQs)
Litigation
Most cases, or at least parts
of them, settle as the result of negotiations between
the parties and their attorneys. However, when
parties are unable to reach an agreement regarding some
or all of these important issues, it may be necessary
for them to go to court and have a judge make these
decisions for them.
Litigation
can be a long process and it is therefore important
that you hire an attorney with the experience necessary
to represent your best interests. We would be happy
to meet with you to discuss your case and help you make
informed decisions.
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