Divorce Attorneys in Schaumburg
In the 1960s, Schaumburg suddenly transitioned from a sleepy little village into one of the largest communities in Chicagoland. About 30 years later, Schaumburg transformed itself again, from a decaying community into a thriving one. Illinois family law experienced sudden and drastic changes at about the same time. In the 1970s, the no-fault divorce revolution took root in the Prairie State. About a generation later, the co-parenting revolution swept over Cook County family law courts.
The experienced divorce attorneys in Schaumburg at the Law Offices of Martin Delaney have seen the way both these revolutions affect family law matters in Illinois. So, although the laws have changed, our methods, which are based on our experience, have not changed. Each case we handle comes with our simple commitments of hard work and open communication. This approach typically yields results that exceed our clients’ expectations.
Filing a Divorce
In Illinois today, many divorce matters have either a short waiting period, or none at all. Nevertheless, there are some important procedural aspects to consider.
Serving the petition is a good example. Although a few courts allow service via social media platforms, like Facebook, personal service is still the preferred method in most cases. If the respondent’s address is unavailable, and the petitioner has diligently tried to locate this person, the judge might approve alternative service, such as service by publication or posting.
Mistakes made at this point usually mean, at the minimum, that there is a costly delay. So, experience and attention to detail are tantamount.
The Temporary Hearing
About two weeks after the petition is filed, most Cook County judges hold a temporary hearing. The judge makes preliminary determinations about things like spousal support, parenting time, and child support.
Although these decisions are preliminary, there is an old saying among attorneys that possession is nine-tenths of the law. So, after the judge awards temporary custody to one party, it is difficult for the other party to reverse that decision. The same thing applies to financial obligations, like child and spousal support payments. Once the judge sets these payments, it is difficult to change them, either up or down.
So, assertive representation at the temporary hearing is often the key to a successful outcome. Without such representation, your Schaumburg divorce attorney might have to play catch-up for the remainder of the case. That is a difficult position to be in.
Most divorce cases settle out of court. Settlement negotiations usually begin in earnest after the temporary hearing. Out of court settlements reduce legal fees, give parties more control over the outcome, and help set the stage for a successful co-parenting relationship.
If the case remains contested as the trial date nears, most Cook County judges refer these matters to mediation. A third-party mediator, who is usually an unaffiliated Schaumburg divorce lawyer, meets with both parties and tries to facilitate a settlement.
Connect With a Hard-Working Attorney
The divorce process is more streamlined than before, but it is still intricate. For a free consultation with an experienced divorce lawyer in Schaumburg, contact the Law Offices of Martin A. Delaney III, Ltd.