Divorce and the Discovery Process: What to Know

When you’re getting divorced, you need to know everything about your spouse. This includes assets, liabilities, and other, vital information that’s necessary to divide property like bank accounts, the marital residence, and more.

This is where a process called discovery comes in.

The discovery process typically begins soon after the divorce is filed. Below, we’ll discuss the various types of discovery that may be filed in your case, what you’re expected to provide, and other details you should know.

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Wage Garnishment and Child Support: What You Should Know

Child support is common in most Illinois divorces. If you are going to receive child support, there are two ways to do so:

  1. You can arrange for your spouse to pay you directly; or
  2. You can enter an order garnishing your former spouse’s wages and be paid through the state disbursement unit.

As you can imagine, wage garnishment is the most popular option because most couples who are divorced don’t get along or don’t want to coordinate to exchange child support payments each month. In this article, we discuss wage garnishment in greater detail to get you familiar with how it will work in your divorce case.

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5 Tips for Testifying at Your Hearing

It’s almost guaranteed that you’ll have to testify at some point in your divorce proceedings.

Most often, this occurs at your final court date, or “prove up.” During this court date, both you and your significant other will stand before the judge and testify to certain facts in your Judgment and Marital Settlement Agreement. Your attorney will ask you questions and, in most instances, you’ll answer either “yes” or “no.”

You may also be required to testify during discovery at a meeting called a deposition or before the judge if there is a hearing in your case on an issue during the divorce proceedings, such as child support or maintenance.

The issue with testifying isn’t that it’s difficult. In fact, the only problem is that most individuals don’t know how to testify because what they know comes from television or other, unrealistic sources.

Read on to learn what testifying in court actually requires and 5 tips to help you relax when it’s your turn to step up to the bench!

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I Don’t Like My Case Outcome: Now What?

Like any case in court, a divorce can be risky. If you don’t settle – meaning you don’t come to an agreement with the other side about issues in the case before trial – you’re leaving it entirely to the judge to decide your fate. And, while a pre-trial conference can give your DuPage County divorce attorney insight as to what a judge will decide on your case, you will never know what can or will happen at trial.

Luckily, you have options following the close of your case to appeal or otherwise try and change a judge’s ruling on certain issues in your case. Unfortunately, not all decisions can be challenged or changed. However, you can file an appeal or a petition to reconsider on a handful of topics.

In this article, we discuss both appeals and other options in greater detail so you know your options following the end of your divorce.

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What Terminates Spousal Support in Illinois?

In almost any divorce, spousal support isn’t designed to last forever. In fact, it’s designed to provide temporary relief to an individual who needs it after a divorce. The key word here is temporary.

Maintenance in Illinois is calculated according to a statutory formula. The formula directs attorneys to take 30 percent of the paying spouse’s gross income and subtract 20 percent of the receiving spouse’s gross income. This total is the amount the paying spouse must provide yearly.

But, what puts an end to maintenance?

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New Income Shares Model Changes Child Support Calculations in Illinois

July 1 is quickly approaching and when it hits, child support calculations in Illinois will be based on an income shares model rather than the current, net income model. There are multiple reasons for this switch, all of which are beneficial not only for both parents, but children as well.

In this article, we’ll discuss how the current child support calculations work, what income shares are, how income share calculations work, and what you need to know about this new law if you’re planning on getting divorced.

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The Dangers of Dissipation and Divorce

Divorce involves the division of joint accounts, joint property, and other assets. This process almost always involves one spouse believing they’re entitled to more than they’re going to receive as part of their final judgment. This often opens the door to something called dissipation.

In this article, we’ll discuss what dissipation is, why you may need to continue sharing resources during the divorce, and how to protect yourself from dissipation during your own divorce.

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Who Pays for What After Divorce?

The final judgment from your divorce – specifically the marital settlement agreement – will govern how property, including debts, are divided after the marriage is over. This means that when you walk out of your prove up, which is the final court date on which you’ll actually “get divorced” from your spouse, you’ll know what you have to pay of the debts.

This begs the question: How is it decided what each spouse is supposed to pay? Below, we discuss this in more detail and what happens if one spouse doesn’t pay the debts he or she was ordered to pay.

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Summer Schedule Concerns After Divorce

Creating a parenting schedule can be difficult enough when your kids are in school. However, once summer vacation hits, it can be even more complicated, especially for parents who have recently divorced. Many parents are concerned over summer vacation for good reason: With the kids no longer in school, it’s difficult for parents to manage time, run errands, and otherwise meet the needs of shuffling the kids around from sport to sport or event to event.

But, does it have to be?

In this article, we address some of the most common summer scheduling concerns and what you can do to lessen their ill effects on your already hectic lifestyle.

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Annulment vs. Divorce in Illinois: What You Need to Know

Regardless of why you choose to end your marriage, there are several ways how to do so. Annulment and divorce are two separate options to do so legally, however both function in different ways.

In this article, we’ll explore the various similarities, and differences, between both an annulment and divorce and other legal options you have at the time of separation.

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