When Illinois lawmakers eliminated the two-year divorce waiting period in 2016, many people though the procedure would substantially change, as well.
For the most part, that is not the case. 95% of divorce cases still settle out of court, and that settlement could occur at any time. Settlement is most likely once discovery is at least substantially complete. Both sides have all their cards on the table, both sides have already spent significant money on legal fees, and there is still a long way to go. That all adds up to a powerful settlement incentive.
A Schaumburg divorce lawyer can guide your case through the process and give you solid legal advice every step of the way.
This important step could be the simplest or most complex portion of your marriage dissolution case.
Typically, the non-filing spouse, or the non-filing spouse’s attorney, quickly accepts service of process in a divorce case. That is especially true if the couple has children and/or assets to divide.
In other situations, service is more complicated. Some non-filing spouses intentionally dodge process servers. In that case, it may be necessary to hire a private process server or even a private investigator. Other spouses leave the jurisdiction and do not leave forwarding addresses.
Absentee spouse cases often involve substituted service by publication. If the intricate rules are not followed to the letter, a judge may decide that the service was invalid, and the filing spouse must start over. So, attention to detail is very important.
Someday soon, service via Facebook message and other social media may be widely accepted. A handful of judges currently allow such service of process. But there are no official rules on this subject.
Usually about two weeks after service of process, the judge issues temporary orders. This hearing may be one of the most important ones in the whole process, and your lawyer has very little time to prepare.
Temporary orders cover subjects like spousal support and parenting time division. Once the judge makes these decisions, they are difficult to un-do. So, assertive representation is important.
Preparation is even more important. Most lawyers come to the temporary hearing with a draft of temporary orders. This simple strategy puts your attorney ahead of the game.
Technically, the temporary orders expire when the divorce becomes final. But in most cases, the temporary orders serve as the blueprint for the final orders. Quite often, property division is the only substantive remaining issue.
In marriage dissolution cases, discovery revolves around both parenting time and property division matters.
If parenting time is still contested, many Cook County judges appoint social services investigators. These professionals review the file and other written records, like report cards, interview the parents and children, and talk to witnesses, like teachers. Then, they prepare and file reports with the court. If this report’s conclusion differs from the division in the temporary order, the judge often modifies the orders.
Property division is difficult after long marriages since property becomes commingled. For example, Husband may use funds from his paycheck (marital property) to pay student loans (nonmarital debt).
As mentioned, most divorce cases settle out of court. If the case is still unresolved after discovery, the judge usually orders the parties to mediation.
This forum is successful about 75% of the time. A neutral third party works to facilitate a settlement between the two sides. Mediated settlements reduce litigation costs and give the parties more control over the outcome.
Every divorce is different, but they follow the same procedural outline. For a free consultation with an experienced family law attorney in Chicago, contact the Andrea Heckman Law We routinely handle matters in Cook County and nearby jurisdictions.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
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Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.