The court will rule on all contested issues before it that are set forth in each party’s pleadings and are not otherwise withdrawn or settled in agreement between the party. If the parties have reached an agreement on some or all of the issues between them, then that agreement is presented to the court for […]
Divorce Process
What are the most common mistakes during the divorce process?
One of the most important mistakes that I think people make is failing to keep in mind the big picture and the strategy that you and your attorney have come up with for your divorce case. The entire divorce process can often be long, and both emotionally and financially draining. Trying to keep your focus […]
If a couple has resolved their issues except the division of their property, does a judge decide the entire case?
Judges encourage parties to settle as many issues between themselves as possible. The court will decide any issues that remain unresolved between the parties. If the parties are able to resolve allocation of parental responsibilities and parenting time, but they cannot agree on the division of their estate, then the court will only have to […]
What are challenges women can face during the divorce process?
Divorce is one of the most difficult life transitions anyone can face. Everyone handles divorce in their own way. For some women, it can be that she left her career to stay at home and raise the kids and didn’t really handle too many of the marital finances, and now she’s getting divorced and she’s […]
What is discovery and when does it occur during the divorce process?
Discovery is a pre-trial procedure for parties to obtain evidence from each other through various means. Examples of discovery are document requests, interrogatories, and subpoenas. Discovery begins shortly after the initiation of a divorce proceeding and generally continues to be updated throughout the duration of the case in preparation for trial. Madilyn Keating Ellsworth is […]
What happens if divorcing couples can’t reach a settlement and go to trial?
If they’re contested issues in a divorce case the parties can’t work out between themselves and their attorneys, then it may be necessary to proceed to court for a hearing or a full trial. If a case does go to court the parties will file the necessary pleadings or motions according to a briefing schedule […]
How long does the divorce process take in Illinois, what can shorten it?
The duration of a divorce case in Illinois depends on the individual situation as well as the presiding court. It’s very common for complex or contested divorces to take upwards of a year or even more. A few of the factors affecting the duration of each case include the number of issues involved and their […]
On what basis can a divorce be granted in Illinois, and does fault determine the outcome?
As of 2016 Illinois is a no-fault divorce state. Fault-based grounds like infidelity or mental cruelty are no longer applicable, and make no difference in the outcome of your divorce. The only ground for dissolving a marriage in Illinois is what’s called irreconcilable differences. Irreconcilable differences means that there was an irretrievable breakdown of your […]
What advice would you give to someone starting their divorce?
First to identify your goals and expectations for the outcome of the divorce that you want. If one of your goals is to maintain the marital residence or you would like to have the majority of parenting time, or even you would like to retain a family business that you and your spouse had begun […]
Why is it important to collect financial information as soon as you decide to divorce?
The basis for so many financial calculations in divorce ranging from child support to alimony depends on documented income levels. As soon as you can, exchange and review basic financial documents such as tax returns, deferred compensations, commission, W-2 forms, pay stubs, 1099s, even statements regarding stock options. When income is determined at the outset […]
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