Divorce Attorney in Schaumburg
Schaumburg was basically a sleepy little village until the early 1970s, when the area began growing tremendously. That was also about the same time the no-fault divorce revolution began sweeping across the country. As a result, the divorce rate skyrocketed for a number of years. That figure has leveled off recently, but it is still about twice as high as it was in the early 1970s. So, at one time or another, divorce will touch most of the households in Schaumburg.
At the Law Offices of Martin Delaney, we help reduce the substantial financial and emotional costs that are usually associated with divorce. We look for cost-effective and long-term solutions that offer stability and avoid protracted litigation. Furthermore, while our Schaumburg divorce lawyers always stand up for your rights, we also look for ways to resolve marriage dissolution matters out of court.
Initial Divorce Matters in Cook County
If at least one spouse resides in Cook or DuPage County, either spouse can usually file for divorce in the appropriate jurisdiction. Early filing has some advantages. Such a move gives your Schaumburg divorce attorney the initiative in the case. Furthermore, since Illinois is a pure no-fault state, the burden of proof is irrelevant. One spouse’s testimony about a marital breakdown is sufficient.
A few weeks after the petitioner files for divorce, the judge usually holds a temporary hearing. Judges make some very important decisions in this hearing, such as interim child custody determinations, which are difficult to reverse. So, unless you have an aggressive Schaumburg divorce lawyer at this hearing, you may be at a distinct disadvantage for the rest of the case.
Divorce Discovery in Illinois
After these interim orders go into effect, the discovery period usually begins. In divorce cases, discovery usually involves both property division and child custody matters.
During a long marriage, assets and debts often become commingled. For example, the husband might use money from his paycheck (marital property) to make payments on his student loans (nonmarital debt). In that situation, the wife may be entitled to some community property reimbursement.
Furthermore, many spouses attempt to hide money or assets from the other spouse. For example, Wife may voluntarily increase her wage withholding so she can claim she has no money to pay alimony to Husband. Then, she will get that money back with a spring tax refund.
In most child custody disputes, the judge usually orders a social services investigation. The social worker thoroughly evaluates the situation and then makes a custody/visitation recommendation. This report is not legally binding, but most judges give it considerable weight.
Resolving Marriage Dissolutions in Schaumburg
Trials only resolve about 5% of all the marriage dissolutions in Illinois. The rest settle out of court, and often at mediation.
During mediation, a neutral third party, who is usually an unaffiliated Schaumburg divorce lawyer, tries to facilitate a settlement. Mediation has a number of benefits for both parties. It costs less than further litigation. Furthermore, mediation increases both civility and control. These qualities make medication a very good foundation for future co-parenting.
If both parties negotiate with open minds and in good faith, mediation is successful about 75% of the time.
Work with an Experienced Attorney
Every marriage dissolution is different, but most follow the same procedural outline. For a free consultation with an experienced Schaumburg divorce lawyer, contact the Law Offices of Martin A. Delaney III, Ltd. We routinely handle matters in DeKalb County and nearby jurisdictions.