Tag Archives: DuPage County family lawyer

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 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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IL divorce lawyerMost of the time, when someone facing divorce works with a divorce lawyer, their attorney works in their best interests, focuses on solutions that are best for that individual, and helps their client secure the best settlement or verdict possible. Unfortunately, this does not always happen. Some attorneys do not spend the time with a client that is necessary and try to quickly close the case so they can move onto another and start a new invoice. When this happens, those clients often want to know if they can fire their divorce lawyer and hire a new one. The short answer is that yes, they can.

Reasons to Fire a Divorce Lawyer

Divorce is highly personal and so, when a person wishes to fire a divorce lawyer, the reasons are also typically highly personal. The most common reasons a person wishes to fire a divorce lawyer include:

  • Personality conflicts: Most people think this reason involves a lawyer and client that do not get along. While that is sometimes the case, it is not always. It is important to remember that while a lawyer should always give you the final say in decisions regarding your case, they also should not just give in to what you want. You hire an attorney to provide the advice you need, even if it conflicts with what you think or want.
  • Using the same method every time: There are very few divorces, if any, that are exactly alike. Quality divorce lawyers know this and so, they will suggest the best route for a specific divorce case. When a lawyer only wants to litigate or will only go through mediation, you are not working with an attorney that is focused on your case and doing what is best for you.
  • Lack of communication: One of the biggest complaints about lawyers is that they do not communicate with their clients. When this is the case, those clients are not kept up to date on the status of their case, which is a significant problem when the case greatly affects their life the way divorce does.

These are just a few of the most common reasons clients fire their divorce attorneys. Any time a person is uncomfortable with the attorney they are working with, they should speak to someone else and get a professional opinion.

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IL divorce lawyerThere are many complicated legal issues in any divorce that involves children. While parents may typically first think of child custody, there is also the issue of child support. Divorce is often expensive enough, but when one spouse learns that they will keep paying for the divorce through child support for years after, sometimes they take drastic steps to avoid the expense. Some may even quit their job. So, what can you do when a spouse stops working in an effort to avoid paying child support?

Obtaining a Child Support Order from the Courts

Under Illinois law, all parents are required to financially support their children while they are still minors. The only exception to this is that parents must also support a child 19 years of age if they are still in high school. Parents are obligated to provide this financial support regardless of whether they are married to the other parent or not.

When parents are divorced, this financial responsibility is typically met through child support. The non-custodial parent will make payments to the custodial parent to help with the daily expenses for the child, as well as their medical and educational costs.

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IL divorce lawyerMany people are familiar with premarital agreements, also sometimes called prenups. It is understandable that couples enter into these contracts prior to marriage to protect their assets in case of divorce. However, postnuptial agreements cause a little more confusion because people often wonder why a couple would need a contract after they are already married. Below are some of the most common reasons couples create postnuptial agreements.

No Time for a Prenup

Sometimes a couple knows that they would like to create a premarital agreement prior to the wedding, but they simply run out of time. Planning a wedding takes a lot of time and sometimes, a prenup is one task that just never gets done. Or, the couple may want to protect their assets, but they also do not want to think about divorce during one of the happiest times of their life. When either of these is the case, the spouses may choose to create a postnuptial agreement once they have settled into a life together.

The Couple is Working on Reconciliation

In many cases, divorce starts to look like a very real possibility in a marriage and the spouses are not protected by a prenup. In these situations, there has been a serious breakdown of the marital relationship, but at least one spouse may want to try to work out the issues. As a condition of attempting to work things out, one spouse may want to create a postnuptial agreement first.

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