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Category Archives: Family Law

IL divorce lawyerTherapists are often a big part of the divorce process, particularly in child custody hearings. The couple seeking a divorce often have to attend therapy sessions if there are children involved, in the hope that the two may reconcile and prevent the children from going through the stressful divorce process. The children involved also often attend their own therapy sessions to help them deal with the fact that their parents are breaking up and to preserve their mental health throughout the process. Although therapists are very helpful in the divorce process, there are two tips to remember when using them during your divorce.

Therapists Should Not Testify in Court

If your case goes to trial, your attorney will call many people to testify on your behalf. However, your attorney will also likely understand that therapists should not be called as a witness. Many therapists do not want to testify in court due to the confidential nature of the relationships they develop with their patients. If they are subpoenaed though, they may have to disclose the information they learned from their patient. The only exception to this is the guardian ad litem (GAL) that will work as your child’s representative. Under Illinois law, these individuals are not allowed to testify about anything the child has told them.

Additionally, a judge will likely not give much weight to a therapist’s testimony. The relationship between a therapist and their patients is often very personal and the two usually form a close bond. Judges know this and so, if one testifies on your behalf, the judge will understand that the therapist likely has a bias that will affect their testimony.

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Il divorce lawyerAt some point during the divorce process, your spouse’s attorney may send you a notice asking you to appear at a deposition. A deposition is part of the discovery phase of a trial and it allows each side to obtain important information about a case. Along with your attorney and your spouse’s, a court reporter will attend your deposition and record everything that is said. If your divorce involves child custody matters, a Guardian Ad Litem may also attend.

Depositions are often very intimidating, particularly if you have never attended one before. Proper preparation can help you overcome any nervousness you may feel, and ensure you do not hurt your case during the preparation. Below are some tips to help ensure you are properly prepared for your deposition.

Listen to the Full Questions Being Asked

Many people are used to interrupting each other, and being interrupted. It is crucial that you do not do this during the deposition. There is a chance that you do not know the question your spouse’s attorney is going to ask, and you could provide information that is useful to them, but harmful to your case. Listening to the full question also gives you a chance to pause and really form your full answer in a way that will also not hurt your case.

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Il divorce lawyerAlthough there is a dispute about divorce rates in the United States, it is common knowledge that many people that enter into marriage end up getting a divorce. Still, that does not mean that everyone in a marriage is in a happy relationship. Some couples remain married only in name, but they are no longer as happy as they once were. This is a phenomenon known as invisible divorce, and it is very important that individuals recognize when they are involved in one.

What Is Invisible Divorce?

An invisible divorce is a marriage in which the two spouses are married in name only. They no longer share the affection they once did, and may not share the matrimonial bonds that kept them as a loving couple. Instead, the relationship resembles something more like roommates or co-workers. In many instances, spouses in this situation find that they still love their spouse, particularly if they have children together. However, the type of love they now feel is different than the feelings they had when they were married.

So, when two couples are in an invisible divorce, what is the problem? After all, the spouses are not fighting and arguing, so why go through a lengthy and possibly costly divorce procedure? The answer is because, just like people going through an actual divorce, individuals in an invisible divorce are not happy. Sometimes, one or both spouses do not even realize that they are unhappy, or they know they are, but do not want to go to the trouble of getting a divorce.

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IL divorce lawyerAlthough people going through a divorce in Illinois are not required to work with an attorney, it is always a good idea to get legal advice when going through the process. You do not need just any lawyer, though, you need the lawyer that is right for you. You will feel the impact of the final decisions made in your divorce for some time, so it is important that you work with someone that is right for you and that will work in your best interests. Below are some of the most important tips to follow so you ensure you get the right lawyer for your case.

Decide on the Divorce Process You Want to Use

Many people imagine a long and costly courtroom battle when they head into a divorce. That, however, does not have to be the case. There are many different types of divorce in Illinois, including mediation and collaborative divorces. You must know what type of divorce you want to get so that you choose a lawyer that is familiar with those methods and can help you through the entire process.

Look at Family Lawyers Only

There are many different areas of law, and attorneys are usually specialized in only one or two of them. When you are getting a divorce, a personal injury lawyer that helps accident victims claim compensation is probably not going to be familiar with divorce laws, or the process of getting you the fair settlement you need. Only consider family lawyers when you are getting a divorce. They will understand the ever-changing laws surrounding divorce in the state and on a federal level and will be most familiar with the process.

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IL divorce lawyerThe divorce rate in Illinois is lower than it is throughout much of the country, but that does not mean that ending a marriage in Illinois is any cheaper. In Illinois, it can cost anywhere between $35,000 and $70,000 to get a divorce, but it does not always have to cost that much. These high costs are typically reserved for litigated divorces or those that go to court where a judge can make all the decisions on the terms of the divorce. Mediation is one way to lower the cost of divorce, and it also has many other benefits, as well.

The Cost of a Mediated Divorce

Like any other type of divorce, no one can say for certain just how much a mediated divorce is, as it completely depends on the facts of the case. It is known, however, that mediation can lower the cost of divorce by as much as $10,000. The number one factor that will drive up the cost, even in a mediated divorce, is the extent to which the two spouses can agree to the terms of the divorce. When the two spouses can agree fairly quickly on those terms, the divorce will cost less for both of them.

Amicable Mediation can Lead to Better Cooperation in the Future

Many people have heard stories of bitter divorces that lasted a long time and even after the divorce was finalized, the two former spouses still could not stop fighting. There may be conflict surrounding issues such as child custody or spousal maintenance, which leads to regular fights between the former couple.

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