A common question that comes up in divorce cases is, “what do we do about our pets?” According to the American Pet Products Association, approximately 44% of American households have a dog and 35% have a cat. Yet until recently, the laws in Illinois were silent as to how pets should be addressed in divorces. Even though our beloved companion animals feel like members of the family, they were treated no differently than items of personal property.
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Archives for Divorce and Separation
What Are the Different Types of Courtroom Proceedings?
Throughout your family law case, your attorney should inform you about any upcoming court dates. There are a variety of different types of courtroom proceedings that will take place during your case, some of which you will need to attend and others your attorney can cover on your behalf. Learn more about each type of proceeding's purpose and procedures.
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Enforcement of Orders in Family Law Cases
Once a court order or final divorce judgment has been entered by a Judge, the terms contained therein become enforceable. This means that if one party does not comply with the agreement, the other party can go back to Court and seek enforcement. For example, if an order provides that one party is to pay the other $1,000.00 per month for child support and the supporting party fails to do so, the receiving party can go back to Court and request that the order be enforced so the support is paid.
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Mediation of Family Law Cases
There are several options that couples, parents and others going through a family law case can take to come to a resolution of the disputed issues. While litigation is sometimes unavoidable, more people are attempting to resolve cases through various forms of alternate dispute resolution (ADR). One type of ADR is mediation.
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Relocation
Relocation (formerly known as “removal”) means permanently moving with the minor child(ren) to a new location that is a certain distance from the child(ren)’s current primary residence. Depending on the circumstances, it may be necessary to seek permission from the other parent and/or the Court before relocating with your child(ren). This article discusses when it’s necessary to take action before relocating, and outlines the required procedural steps.
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Interim Attorney’s Fees – “Leveling The Playing Field”
If your spouse controls most of the marital assets and prevents you from accessing those assets for purposes of retaining your divorce lawyer, you can seek expedited relief from the Court so that you can gain access to those assets and retain an attorney to represent your interests.
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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.
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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.
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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.
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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.
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