Hoffman Estates Divorce Attorney
The divorce rate has declined in recent decades, but it is still about twice as high as it was a generation ago. Moreover, certain kinds of divorce, such as grey divorce (couples over 55) and subsequent marriage divorce, have risen exponentially. Every marriage dissolution is different. But in Cook County and Kane County, they all follow the same basic procedural outline.
The experienced Hoffman Estates divorce attorneys at the Law Offices of Martin Delaney are familiar with all evidentiary and procedural rules in both Cook County and Kane County. We are well-positioned to navigate your case throughout the complex civil law system and achieve a cost-effective and favorable resolution. Later, when financial or emotional circumstances change, we ensure that your paperwork keeps pace with these changes.
Initiating a Divorce
Illinois is a pure no-fault state. Irreconcilable differences constitute the only possible ground for divorce. One spouse’s testimony on this point is sufficient. If the other spouse challenges the divorce, most judges view that conflict as evidence that the marriage is hopelessly broken down.
In most cases, serving the non-filing spouse with legal paperwork is only a technicality. However, if the spouses have already gone their separate ways, legal service could be a problem. Fortunately, Illinois allows service by publication or posting in these cases. Additionally, a few Cook County judges allow service via Twitter, Facebook, and other social media platforms.
About two weeks after the non-filing spouse receives official notice, most judges hold temporary hearings. At these hearings, judges make important decisions about child custody, spousal support, and other issues. So, at the Law Offices of Martin Delaney, our Hoffman Estates divorce attorneys are a strong voice for you.
Frequently, new evidence surfaces regarding these issues. This evidence usually comes to light during the discovery process. At that point, it is possible to modify the temporary orders. Such modifications are often important. Temporary orders are generally blueprints for final orders. Therefore, if the temporary orders are unfavorable, the final orders might be unfavorable, as well.
Since marriage dissolution usually involves financial and emotional issues, divorce discovery typically covers these matters, as well.
Financial discovery could be as simple as exchanging recent tax returns and pay stubs. In other cases, especially if there are hints the other spouse is concealing assets, financial discovery could be rather complex.
Emotional discovery usually involves child custody and visitation. To help determine the best interests of the children, most Cook County judges order social services investigations in contested cases. These investigations, although not dispositive, carry great weight with most judges.
Resolving a Marriage Dissolution
Most marriage dissolution matters settle out of court. These resolutions save time and money. Additionally, out-of-court settlements give parties more control over the outcome.
Frequently, these resolutions happen during mediation. A third-party mediator works with both sides to bring about a settlement. If both sides negotiate in good faith, mediation is usually successful. Essentially, “good faith” means both sides are willing to make some compromises to achieve a resolution.
Reach Out to a Dedicated Attorney
Most divorces involve complicated legal issues. To schedule your free consultation with a family law attorney in Hoffman Estates, contact the Law Offices of Martin A. Delaney III, Ltd.