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Divorce Trials in Illinois: What You Need to Know

Posted on in Divorce

Kane County Divorce AttorneyBefore a divorce can be completed, divorcing spouses must address multiple issues including the division of marital assets and debts, parental responsibilities, parenting time, and spousal support. Some spouses are able to reach a decision through alternative resolution methods like mediation. Others can negotiate a settlement through their attorneys. However, when all else fails, a divorce case may advance to trial. Whether you have just filed for divorce or you are well into the process, it is important to know how divorce trials work in Illinois.

Divorce Discovery and Pretrial Conferences Precede a Divorce

Before a divorce goes to trial, the attorneys will gather all the relevant facts and information. There may be depositions, requests for production of documents, interrogatories, and more. The attorneys will use the information to develop their arguments.

Many divorce cases resolve before the trial actually begins. A settlement may be reached at any point in the divorce process. Additionally, the attorneys will have an opportunity to meet with the judge during pre-trial conferences where the judge may suggest various solutions to the unresolved issues. However, if a settlement is not reached on the disputed issues, the case will advance to trial.

Kane County Family Law AttorneyAutism Spectrum Disorder symptoms can vary dramatically. Many children with autism struggle with social interactions, sensory overload, and changes in schedules and routines. Some are able to communicate these struggles to parents, teachers, and caretakers. Others are completely non-verbal. Whatever symptoms your child deals with, divorce is sure to have a major impact on your child.

As a parent of a child with autism or Asperger’s, it is important to know your options during divorce.

Parenting Plans for Children With Autism

Kane County parents who divorce will be asked to write up a parenting plan that describes how they will fulfill parenting duties. A detailed, well-written parenting plan can help you and the other parent ensure you are on the same page about parenting matters. A strong parenting plan can also promote consistency – something extremely important for children with autism. Your parenting plan will include information about:

St. Charles Family Law Attorney

Whether you live in a house, flat, apartment, or condominium, a home is often much more than a physical living space. In the midst of a turbulent marital breakdown, a home can become a place of refuge and familiarity. Understandably, many people are hesitant to give up their homes in a divorce. Some blindly fight for ownership of the home without considering the short and long-term consequences of homeownership as a divorced individual. If you are getting divorced, consider the following questions when deciding what to do with the marital home.

What is the Home Worth?

Before you can determine whether to keep the home or sell it, you must understand what the home is worth. In many situations, the best way to accurately value the home is to get the home professionally appraised. Make sure to consider not only the current market value but also the future value of the home based on the neighborhood and housing market.

St. Charles Family Law AttorneyDivorced and unmarried individuals in Illinois are often subject to child support orders. When the court orders child support, it is not a suggestion. The paying spouse or “obligor” is required by law to pay the child support. Failure to pay the support in full can lead to significant consequences. Court orders for spousal support, also called spousal maintenance or alimony, are the same. If you are required to pay child support or spousal support and fail to make payments, your wages may be garnished.

Wage Garnishment for Unpaid Support in Illinois

The term “wage garnishment” refers to the act of taking a portion of someone’s paycheck to pay debt or financial obligations. Illinois law clearly states that wage garnishment may be necessary if someone refuses to pay his or her child support or spousal support obligation. A non-paying parent may also be subject to property liens, driver’s license suspension, interception of tax returns, and other consequences. In some cases, a parent who fails to fulfill his or her support obligation may even be held in contempt of court. The parent could be sentenced to up to six months in jail.

How Can I Enforce a Child Support or Spousal Support Order?

The Illinois Department of Health and Family Services Division of Child Support Services has the authority to enforce payment of child support through tax offsets, bank liens, and other means. A family law attorney can help you work with the DCSS to get the child support you need. Alternatively, you and your attorney can pursue payment through the court.

Kane County Divorce LawyerChildren greatly complicate divorce. Many divorcing parents worry about how the split will affect their kids. They also worry about how to manage a co-parenting relationship with their soon-to-be-ex. Parenting is already challenging enough. Parenting with someone to whom you used to be married is even harder.

Experts agree that children need predictability and consistency to feel safe. Finding a co-parenting strategy that works for you and your children and sticking with it is one of the best things you can do to help your children during this difficult time.

Traditional Co-Parenting Styles

Many divorcing parents remain on relatively good terms with each other. Although they no longer want to be married, they are able to remain respectful and cooperative for the sake of their children. Some co-parents are able to attend school functions, parent-teacher conferences, or even family vacations together.

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