Largely since it is located near the heart of the Illinois Technology and Research Corridor, Naperville is one of the most affluent cities in Chicagoland. For that same reason, it is also one of the most well-educated cities in the DuPage County area. So, when local couples go through a divorce, there is often a lot of money at stake. Additionally, these individuals expect to know something about the process and not just make decisions based on blind faith.
At SLG Family Law, our experienced Naperville divorce attorneys routinely handle these matters, and deal with these issues, throughout Chicagoland and the rest of Illinois. So, we are able to quickly evaluate your case and recommend a suitable course of action. This insight gives us a head start. As a result, we are well-positioned to negotiate an extremely favorable out-of-court settlement.
In 2016, Illinois lawmakers significantly overhauled the state’s family laws. Part of that overhaul included the end of the dreaded and feared two-year waiting period. Now, as long as both spouses agree on all issues, a divorce might take much less time than that.
Additionally, lawmakers transformed Illinois into a pure no-fault state. The old evidence-based grounds for divorce, such as adultery and cruelty, are gone. Instead, Cook County judges may only grant a divorce if there are irreconcilable differences between the parties.
Residency and personal service requirements remain in place. At least one spouse must have resided in Illinois for at least 90 days prior to filing. And, if it is at all possible, the respondent must receive in-person notification of the divorce proceeding. Some judges, but very few, allow service via Facebook and other social media platforms.
Most Cook County judges hold a divorce temporary hearing about two weeks after the petitioner files legal paperwork. At this hearing, the judge lays the ground rules for the divorce proceeding. So, the aforementioned head start is quite important. Otherwise, your Naperville divorce attorney might be forced to play from behind for the rest of the game.
The decisions made at this point, such as temporary alimony and especially parenting time division, often form the blueprint for the final orders which come later. Temporary orders are subject to modification, but since the same judge considers the modification provision, these motions are a tough sell.
Usually, discovery is the easiest or most complex portion of a divorce case. There is typically no in-between.
Frequently, financial discovery is limited to a document exchange, like the last few pay stubs and last few months of bank account records. Parents often agree on a parenting time division as well, at least in general terms.
However, in most cases, divorce discovery is much more involved. Many people in Naperville are either business owners or freelancers. As a result, their incomes are often difficult to ascertain. Furthermore, the parents often sharply disagree about the parenting time division. So, as part of the discovery process, most judges order extensive social services investigations.
Most civil cases, including most divorce cases, settle out of court. Frequently, this settlement occurs during formal mediation. A neutral third party, who is usually an unaffiliated Naperville divorce attorney, meets with both sides and tries to forge a settlement. If both parties negotiate in good faith, which means they are willing to compromise and reach an agreement, mediation is about 90 percent successful.
Most divorces settle out of court, and most cases follow the same general outline. For a free consultation with an experienced Naperville divorce attorney, contact SLG Family Law. We routinely handle matters in DuPage County and nearby jurisdictions.
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