Illinois is one of a minority of states that allows a parent, in a divorce or child support/parentage case, to seek a contribution to college expenses from the other parent for a child they share. Specifically, Section 513 of the Illinois Marriage and Dissolution of Marriage Act covers this topic (750 ILCS 5/513). Read more.
Continue Reading
Posts by Law Offices of Gretchen Schrader
Financial Affidavits
The Financial Affidavit helps each party, the attorneys, and the Court get a clear understanding of the financial issues in your case. Learn more about Financial Affidavits.
Continue Reading
How is Maintenance (Alimony) Determined in an Illinois Divorce Case?
Maintenance (formerly called alimony) is a financial issue in divorce cases where one party may have to pay spousal support to the other. The Illinois Marriage and Dissolution of Marriage Act provides several factors for a court to consider when determining if the case is one where maintenance should be awarded.
Continue Reading
Can I Get Divorced If I Can’t Find My Spouse?
If you're seeking a divorce from your estranged spouse, the process is somewhat different than if you know where your spouse resides. Illinois law requires you to make a good faith effort to locate your spouse before pursuing other options. Learn more about the process.
Continue Reading
The Common Methods of Discovery
During a divorce case, it is not uncommon for both parties to conduct some form of discovery. This means that a party makes a formal request to the opposing party with the goal of obtaining more information relevant to the case. Discovery can take many forms. Here is a summary of the most common methods of discovery.
Continue Reading
How to Prepare for Your First Meeting With a Divorce Attorney
By Jordan Levey What should you bring to the first meeting with your divorce attorney? Copies of any Motions or Petitions that have already been filed. If you’ve already been served with divorce papers or any other Motions or Petitions, then make sure to bring copies of those documents for your attorney to review. It’s helpful to see what’s already been filed in your case, so we can determine the status of your case and develop a strategy for how to move forward. Copies of any Orders that have already been entered. It’s important for your attorney to see what
Continue Reading
9 Things You Need to Know About a Prove-up
If you are going through a divorce (or most civil proceedings), hopefully you will hear the term “prove-up”. A prove-up is the name of the proceeding that takes place when a case is settled and finalized. This article discusses a prove-up in a divorce proceeding.
Continue Reading
Grounds for Divorce
In Illinois, a spouse filing for divorce has to provide the legal reasons (called "grounds") for the divorce. Previously, a spouse filing for divorce could choose either no-fault grounds for divorce (called "irreconcilable differences") or fault-based grounds (such as physical/mental cruelty or adultery). However, effective January 1, 2016 Illinois no longer uses fault-based grounds for divorce. Now, the only grounds for divorce available in Illinois are the no-fault grounds of "irreconcilable differences."
Continue Reading
How Long Will My Divorce Case Last?
The most frequent question I hear during client meetings is “How long will my case take?” The answer differs depending on the situation of the case. If all issues have been agreed to in advance, the answer is much easier to give. It’s the cases where the issues need to be negotiated or resolved that makes the answer more difficult to provide. Here's a brief analysis of each type of case along with an estimated timeline and things within your control as a party to the case that can control how long it will last.
Continue Reading