Like many other area Chicagoland suburbs, Mokena was little more than a wide spot in the road in the 1960s. Today, it is one of the largest communities in Will County. Attitudes about marriage dissolution have changed almost as radically. In fact, divorce’s moral acceptability rate recently hit an all-time high. So, more people than ever before see marriage dissolution as a legitimate way to end a relationship that, for whatever reason, has become unsatisfying.
Although Illinois is now a pure no-fault state, marriage dissolution is still an extremely complicated process, especially if the spouses had any assets, debts, and/or children. The diligent Mokena divorce attorneys at SLG Family Law are intimately familiar with every step of this process. So, we are well-positioned to guide you and your family through it. We also do what it takes to secure your legal and financial rights.
As mentioned, Illinois is a pure no-fault state. Irreconcilable differences is basically the only possible basis for divorce. This change shifts focus away from the spouses and their “dirty laundry” and onto the emotional and financial issues in the case.
In many situations, servicing the divorce petition is an issue. Some respondents have left and moved on. Others intentionally make things difficult during this phase. Our Mokena divorce attorneys can arrange for substitute service in these situations. Various methods are available, and each one has some pros and cons. Thus, solid legal advice is important.
About two weeks after the petitioner files paperwork, most Will County judges hold a temporary hearing. This brief hearing sets ground rules that Mokena divorce lawyers must follow in that particular case. To a considerable extent, the lawyers for each side make these rules. Therefore, assertive representation at the temporary hearing is critical. Otherwise, the ground rules might unduly favor the other side.
Temporary child custody is a good example. A judge might favor an arrangement that maintains the status quo as much as possible. If the judge designates Mother as the residential parent, it is difficult for Father to undo that designation. The opposite is also true.
To permanently settle this question, many Will County judges order social services investigation. A social worker reviews the file, talks to witnesses, examines medical records and other documents, and then makes a recommendation to the court as to a custody arrangement that will most benefit the children. While the social worker’s recommendation is not technically binding, a judge will likely find it persuasive.
At the same time, the parties usually conduct financial discovery under court supervision. This portion of a marriage dissolution case is usually either the simplest or the most complex. There is rarely an in-between area.
Frequently, the spouses exchange some pay stubs and other financial documents, and that is about it. In most other situations, however, financial discovery is much more time-consuming. That is especially true if there is any evidence that a spouse is trying to conceal assets or liabilities.
Most marriage dissolution cases settle out of court, which can lead to a quicker and less expensive resolution. Quite often, divorces settle during mediation before going to court.
A third-party mediator, who is usually an unaffiliated Mokena divorce lawyer, meets with both sides and facilitates a conversation between the parties in an effort to reach a mutually agreeable settlement. If the parties go into mediation willing to compromise and reach an agreement, mediation is usually successful.
The aforementioned benefits usually include lower legal fees and a speedier case resolution. Additionally, out-of-court foster civility and give the parties more control over the outcome.
Every divorce case is different, but most follow the same general procedural outline. For a free consultation with an experienced Mokena divorce lawyer, contact SLG Family Law. Convenient payment plans are available.
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