LAW OFFICES OF THOMAS W. DREXLER

DIVORCE (Dissolution of Marriage), CUSTODY,
CHILD SUPPORT, PATERNITY, and ADOPTION

DIVORCE:

The word "Divorce" is actually no longer used in court proceedings; people now get a "Dissolution of Marriage." The change was made several years ago so that the procedure would seem less adversarial. At the same time and for the same reason, the captions of cases were changed from "Kramer vs. Kramer" to "In Regards to the Marriage of Kramer." Unfortunately, the change of terminology has not done much to change what is for most people a difficult and even traumatic time of their lives.

Since in most cases both parties actually agree to get a divorce or dissolution, it is generally the other aspects of getting a divorce that cause delay or difficulty, since decisions must frequently be made about custody of the children, child support, visitation, disposition of real estate, division of debts, and disposition of personal property such as vehicles, pensions, bank accounts.

CUSTODY:

If a party is granted sole custody of the child(ren), that means that he or she has control over day to day decisions as to how the child(ren) are raised and the child(ren) generally reside with him or her, and the other parent is given a schedule of visitation, that is, dates and times to have contact with the child(ren). Joint custody means that both parents have input as to how the chilld(ren) are raised. Most frequently with joint custody, child(ren) typically reside with one parent and the other parent is given a schedule of visitation.

CHILD SUPPORT:

Typically the parent who does not have the child(ren) residing with him or her on a regular basis is required to pay child support. The amount of child support to be paid in Illinois is fixed by statute, with the amount to be paid being a percentage of take-home pay which will increase the more children there are. Child support can be claimed in either divorce (dissolution) cases or in paternity cases.

FAQ (Frequently Asked Questions)

1. My friend received her divorce in only a month. Why isn't my case over yet?

The most important factor as to how soon one obtains a divorce is whether the divorce is "contested." A divorce is contested when your spouse (or his attorney) files court pleadings in the case (initially an "appearance" and "answer")

2. When is a case is not contested?

All cases are started when a petition is filed with the court which is served on your spouse, typically by the sheriff's office. Your spouse initially has 30 days to file appropriate documents, such as an appearance form. If no appearance or answer is filed in that 30 days, your spouse is technically in "default," which means the matter can be scheduled before the court for a hearing on your divorce and your spouse will not be able to participate, called a "proveup." Your case can be finalized at that proveup, and typically the judge will enter the judgment your lawyer has prepared.

3. Why did my case not proceed to proveup when my spouse came to court and asked for a lawyer?

A judge will almost always give a person who comes to court time to get a lawyer, particularly the first day a case is in court. It can be frustrating to have everything prepared to go ahead and have a matter "continued" to another date. In our court system, there is a strong bias to give people every opportunity to participate in the court proceedings.

4. What causes a delay in getting my divorce concluded?

In a divorce, if both parties are participating in the proceedings, there is generally an aspect of the case that is "contested," that is, an issue on which the parties do not agree. The dispute can be about almost any aspect of the case, such as: Who stays in the house? Will the house be sold? Who receives the proceeds? Who will have custody of the children? What times will be set for visitation with the children? Is maintenance (previously called alimony) required to be paid? Who keeps the car? Who is responsible for payment of the bills and credit card debts? Who provides health insurance for the children? How much is child support?

As you can see, there can be many issues to be resolved. Generally, if the parties can agree on everything, the case can conclude quickly.

5. What is discovery?

Discovery is a legal process in which the parties obtain information from each other. In some cases, the parties are unaware of the income and assets of their spouse, or do not have other information to resolve their case. Typical means of discovery include "interrogatories," a series of questions sent to the other party for them to answer, a "request to produce," which asks the other party to provide certain documents and records, and "subpoenas," which are used to get information or documents from people or companies not directly involved in the case, such as employers. Some courts, like Cook County, have attempted to simplify these matters by providing financial forms to complete.

6. Do I have to have discovery in my case?

You are not required to conduct discovery in your case, and this might make sense where you know everything about your spouse's finances. However, if your spouse seeks discovery, you are required to respond appropriately.

7. What is involved in a custody dispute?

The cases where the parites can't agree on who should have custody of the chikdren are frequently the most difficult, and are hard on the parties involved, including the children. Judges will frequently appoint an attorney for the child(ren), and the parents are generally required to pay the child(ren)'s attorney fees in addition to their own attorney fees. In order to assist the court in making custody decisions, home studies and investigations of each parent's home situation may be required. Additionally, to properly present their case, a parent may need to obtain the service of experts (such as psychologists) to persuade the court that placement of the child(ren) with him or her is in the best interest of the child(ren). Consequently, these disputes can be very time-consuming and expensive.