Tag Archives: Hinsdale divorce attorney

IL divorce lawyerDuring a divorce, any retirement account either spouse holds is subject to property division proceedings. These funds are some of the most difficult to divide and the process can sometimes be lengthy. These funds also require a court order that is separate from the divorce settlement agreement. To ensure that these assets are divided properly, individuals must work with a family lawyer that is familiar with how these assets are divided, and that can help you navigate through the process.

Determining How Many of the Funds to Divide

Only marital property, which is property that was acquired by the couple during the marriage, is divided during a divorce. This concept can become complex when dividing retirement funds because in many instances, a person has acquired some of their funds prior to the marriage, but continued to build the retirement fund after they were married. As such, a portion of those funds are considered separate property and the remaining funds are considered marital property. The first step then, when dividing retirement funds, is to determine how much of the account is considered marital property.

Qualified Domestic Relations Orders

All divisions of retirement funds require a Qualified Domestic Relations Order (QDRO). This lengthy document will detail how much of the retirement fund each spouse is entitled to receive after the divorce, as well as a number of other details. To begin the process, it is essential to work with a divorce lawyer that can contact the administrator of the plan. There are a number of specific steps that must be taken when dividing these funds, and your lawyer and the plan administrator will work together to ensure those steps are followed properly. The administrator must also approve the QDRO before it is submitted. The funds cannot be transferred until the administrator has approved the QDRO.

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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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