Rolling Meadows Divorce Lawyer
In 2016, divorce procedures changed significantly in Illinois. For example, the legislature did away with the two-year waiting period. Lawmakers also revamped spousal support laws, making these matters more like child support determinations. Although the laws have changed significantly, the underlying procedure and the methods that Rolling Meadows divorce lawyers use have not changed much.
At the Law Offices of Martin Delaney, we use the same controlled yet aggressive approach we have successfully employed in the past. We never hesitate to stand up for your legal and financial rights, in both the courtroom and the negotiating room. However, we do not barrel forward with reckless abandon. If we can reach a favorable compromise that upholds your rights, we at least explore this opportunity.
Furthermore, based on our experience, if our clients know what to expect, they usually make better decisions. That helps our Rolling Meadows divorce lawyers successfully resolve these matters.
Initiating Legal Action
Frequently, filing a divorce is not a matter of beginning something new. Rather, it is a matter of formalizing arrangements which are already in place. That is an important distinction that affects the way our Rolling Meadows divorce lawyers approach these cases.
Generally, the parties have been separated for several months before someone formally files for divorce. As such, informal child support, parenting time, and spousal support provisions are already in place.
Other times, however, divorce occurs suddenly and without warning, so one party is effectively blindsided. In these situations, personal protection and emergency financial support orders might be appropriate. Generally, judges take up these matters in the temporary hearing.
The Temporary Hearing
This hearing usually takes place about two weeks after someone files divorce paperwork. Technically, temporary child custody and financial support orders are just that: They expire when the judge finalizes the divorce.
However, as a practical matter, a legal principle known as inertia takes over. Once things start moving in a certain direction, especially in terms of custody and support, it is difficult for a Rolling Meadows divorce lawyer to change their direction.
Most marriage dissolutions involve emotional and financial issues. So, in most cases, divorce discovery has both emotional and financial components.
Typically, Cook County judges order social studies in contested child custody cases. After a social worker investigates the facts and makes a recommendation, this report becomes part of the official judicial record. The report is not binding, but it usually either accelerates or reverses inertia in the case.
Financial discovery could be straightforward or extremely time-consuming. Commonly, the parties exchange documents, like pay stubs and tax returns, and that is pretty much it. In other cases, financial discovery is much more intense. That is especially true if a family business is involved or a Rolling Meadows divorce lawyer uncovers indications of financial impropriety.
Once discovery is at least substantially complete, most divorce cases settle out of court. These settlements reduce legal fees and increase voluntary post-divorce compliance.
Contact a Dedicated Lawyer
Marriage dissolutions generally involve both emotional and financial issues. For a free consultation with an experienced Hoffman Estates divorce law firm, contact the Law Offices of Martin A. Delaney III, Ltd. After-hours visits are available.