Divorce Attorneys Near Arlington Heights
Mostly because of lower marriage rates, the first marriage divorce rate has declined significantly in Arlington Heights since the 1990s. But in other areas, such as second marriage divorces, the marriage dissolution rate has either held steady or increased. Typically, subsequent divorces are much more complex than initial divorces.
The divorce attorneys near Arlington Heights at the Law Offices of Martin Delaney break down these complexities. As outlined below, we take these matters one step at a time. That straightforward approach usually makes the attorney-client partnership much more effective.
Filing the Petition
The Prairie State, like most other jurisdictions, has a residency requirement. At least one spouse must have lived in the state for at least 90 days. Before 2016, there was a two-year waiting period. But this law is no more. Now, the maximum waiting period is six months, and it only applies in some situations.
Serving the petition is sometimes equally as complex. That is especially true if, as is often the case, one spouse has abandoned the marriage and moved on. Personal service is not always possible in these situations. Therefore, service by publication or posting might be available. A few Cook County judges also allow service via social media, like Facebook. But that method is not widely available, at least not yet.
About two weeks after the petition is filed, the judge normally holds a temporary hearing. At this brief hearing, the judge makes important decisions about parenting time divisions, spousal support, and other such matters. Therefore, having a divorce attorney near Arlington Heights on your side is critical.
If financial or emotional circumstances change, these orders are subject to modification. Although the temporary orders technically expire when the divorce is finalized, they often form the blueprint for the final orders.
During discovery, both sides must put all their evidentiary and legal cards on the table. Typically, divorce discovery has financial and emotional elements.
Financial discovery could be as simple as a document exchange. Usually, however, financial discovery is much more complex. Commingling is a good example. Unless the marriage only lasted a few months or the parties had a premarital agreement, it is difficult to clearly classify and equitably divide the marital estate.
Emotional discovery usually involves a social study. A social services worker investigates the case and makes a parenting time recommendation to the court. This recommendation is not technically binding, but it is extremely persuasive.
Almost all Cook County divorce cases settle out of court. Frequently, these matters settle following mediation.
A third-party mediator, who is usually an unaffiliated divorce lawyer near Arlington Heights, meets with both sides in a rather informal setting. After each side presents opening arguments, the mediator goes back and forth between the spouses to convey settlement offers and counteroffers.
If both sides negotiate in good faith, mediation is usually successful. Good faith negotiation usually means each party is willing to make some compromises to get a deal done.
Connect with a Dedicated Attorney
The divorce process in Cook County often includes some twists and turns. For a free consultation with an experienced divorce lawyer near Arlington Heights, contact the Law Offices of Martin A. Delaney III, Ltd. Convenient payment plans are available.