Dupage and Kane County Divorce Attorney
Couples facing divorce are at a difficult time in their lives. Each individual is dealing with the emotional aspects of a divorce while at the same time handling the legal aspects of a divorce. Whether the divorce is contested or by agreement, "the only way out...is through."
First, a Petition for Dissolution of Marriage is filed. The Petition is very basic and simply states the names, ages, employment status of the parties and identifies the children, if any. The grounds for divorce are set forth. Also, the Petition recites in general terms the assets and liabilities of the marriage. In summary fashion, the Petition requests the Court to grant certain relief, namely: Dissolving the marriage, equitable dividing the martial assets, allocating each party the their non-marital property and if children, asking the Court to make an initial custody determination, create a parenting schedule and set child support and related expenses.
Second, the Court must obtain jurisdiction over the other party. The Petition can be served on the other party or accepted by his or her attorney. If their whereabouts are unknown, notice can be published in the local paper to obtain some of the relief requested in the Petition. Thereafter, the other party has 30 days to file a written response to the Petition or the case can proceed without their participation.
The Discovery Process
The next phase of the litigation is the discovery process. The goal of discovery is to ascertain the marital estate. With some exception, the marital estate consists of any assets acquired or debts incurred during the marriage, regardless of whose name is stated. If a party is familiar with their marital estate, formal discovery can be waived. If a party is uncertain, the parties are required to exchange Comprehensive Financial Statements which provide a snapshot of the marital estate. Thereafter, formal discovery ranging from requesting years of financial documents to sending Subpoenas can be initiated.
Each and every case is on two parallel paths, one toward settlement and one toward Trial. If a complete settlement is reached, it is reduced to writing and presented to the Judge for approval. If an agreement cannot be reached, the Judge will decide after a Trial where each party can present evidence and legal argument. Most cases settle either by agreement reached directly through the parties, or through negotiations with the attorneys, or with the assistance of the Court at a Pre-Trial Conference, or a combination thereof. Only a small percentage of cases are resolved by Trial.
At Pesch Law Office, it is our philosophy that the divorce process is difficult enough, your attorney's job is to thoroughly explain your rights and responsibilities, keep you fully informed regarding the status of your case and prepare you before each Court appearance. In short, communicate with you and respect your informed decision regarding the direction.
Contact our Dupage County Divorce Attorney at (630) 462-9300
We know how to prepare divorce cases and achieve the best results for our clients. For information regarding our practice and how we can help you, contact Dupage County, Illinois divorce lawyers at Pesch Law Office today.