Category: Divorce

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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Your Spouse Filed for Divorce: Now What?

Most divorce articles you read will tell you what to do as the spouse who files for divorce. But, what if you’re the spouse served with divorce papers? Then what?

Getting served may catch you off guard. However, this is no reason to proceed through the divorce process in a clumsy way. In fact, it should serve as a wake up call to remind you of your rights and to take proper steps to protect your children and personal interests throughout the process.

In this article, we’ll discuss the general procedure you should expect after being served and five steps and tips you should keep in mind as you proceed through the divorce process.

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How Your Location Affects Divorce

Across Illinois – from Wheaton to Joliet, from Aurora to St. Charles – Does your location change the way you approach divorce?

Do you live in Wheaton? Or, how about North Aurora? Or, maybe even Oswego? How about South Naperville or even further South into Plainfield or Romeoville? Do you think this affects your case?

It does in a number of subtle ways.

Where you live affects a couple of important factors in your case, including:

  • Where either you or your spouse can file; and
  • The procedural requirements of your case

In this article, we’ll discuss both so you better understand how where you live affects how your case will be handled.

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Why You Want a Naperville Divorce Lawyer

You’re probably thinking: “Of course a law firm will tell you to hire a divorce attorney.” And while that may be true of most firms, we value transparency and honesty with our clients. That’s why we wrote this article: to offer a straightforward discussion of your divorce attorney’s role and why you’ll want one.

Read on to learn:

  • A basic overview of your divorce attorney’s role;
  • 5 benefits of hiring a lawyer; and
  • The alternative to hiring a divorce attorney

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What’s Divorce Really Like?

Clients come into our office with all sorts of questions about divorce. Aside from the specific questions that are going to be unique to all cases, the one question we get the most is “What is divorce really like?”

It makes sense why people come to us with this question. After all, most of what people know about divorce is what their friends tell them or perhaps what they’ve seen on television. And while friends may have some sort of idea of the process having gone through it themselves, it’s still important to set yourself straight before you pay any Naperville divorce lawyer’s retainer.

We wrote this article to help anyone considering divorce learn more about the process, how cases begin, how they proceed, and what to expect up through your prove up day and thereafter. We hope it accomplishes this for you and if you have any other questions regarding divorce, please feel free to contact Larry to discuss the unique details of your case.

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Divorcing in Different States: Where Do You File?

Jack and Jane are married and were married in Illinois. However, they have since separated and for the past year, Jack has been living in Indiana while Jane remained in Illinois with their two children. Now, after realizing that they cannot work things out, Jack and Jane want to end their marriage.

But, where can/should they file?

The end of a marriage is often complicated enough when both spouses live in the same state. But when a spouse moves across state lines and stays there for an extended period of time, often more than three months, this can complicate the situation, especially when children are involved.

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Divorce Settlements vs. Trials: Comparing the Two Potential Paths

Any case relating to the breakdown of a marriage is uncertain. You do not know how much maintenance you will receive, your parenting time, property division, or what will come of any other issues at hand in your case.

After speaking with a Naperville family law attorney, you’ll quickly realize that litigating each issue (i.e. going to Court to reach a resolution), is quite costly. Moreover, if you still can’t resolve issues, a trial can increase your attorney’s fees tens of thousands of dollars depending on the level of preparation and the time in Court required.

This leaves you with a decision to make: Will you settle your case or go to trial?

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Guardian Ad Litems: Who are They and What Role do They Serve in Your Divorce?

In any divorce case, the children’s interests are the most pressing concern to the Court. But with both parents hiring their own attorneys, the children often aren’t protected and their best interests may inadvertently fall to the wayside.

This is where a guardian ad litem steps in.

These professionals may be appointed at any time and serve an integral role when it comes to the children in any divorce proceeding. But, who are these professionals, when are they appointed, and what relationship will they have with you throughout the case?

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How Long Does The Divorce Process In Illinois Take?

What to Expect From The Illinois Divorce Process

Ending a marriage can be an intimidating process. It’s unfamiliar and a time in your life when it feels as if everything is falling apart. This can make the process even more difficult and, in some cases, stops many from filing, even if they want to.

At Lawrence R. Surinak Ltd., our goal as your family law attorney in Naperville is to keep you informed and comfortable throughout your entire proceeding. This means explaining what is happening in your case and what to expect next every step of the way.

Here, we’re going to discuss the basic steps present in any case so you know what to expect before you call us for your free, 30-minute consultation. We hope doing so puts you at ease and makes you more confident moving forward and starting anew.

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Divorce After 50: What You Should Know

At one point in time, getting divorced after a certain age was viewed as odd, if not unacceptable. In fact, in 1990, only 1 in 10 people who sought out and received a divorce were age 50 or older. Just years ago, that number has grown to more than 1 in 4 people, making the concept much more common.

With this new trend comes something else that’s new: A new set of issues and concerns that are quite distinct from the problems younger couples face in divorce. After all, most people who are getting divorced at age 50 or older have adult children, meaning child custody and parenting schedules are not a concern. Instead, issues such as property division and maintenance are the most significant concerns.

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