The Law Office of Thomas W. Drexler handles family law matters, including divorce, custody, child support, paternity and adoption.

The word “Divorce” is no longer used in court proceedings, but is now referred to as “Dissolution of Marriage” in an attempt to make the procedure seem less adversarial. Cases are no longer captioned as “Kramer v. Kramer” but instead, “In Regards to the Marriage of Kramer.” Despite the change in terminology, a dissolution of marriage remains a difficult and sometimes traumatic time for people’s lives.

In most cases, both parties agree to dissolve their marriage, and it is generally the other aspects that cause delay or difficulty, such as custody, child support, visitation, disposition of real estate, division of debts, and disposition of personal property such as vehicles, pensions and bank accounts. At the Law Office of Thomas W. Drexler, we will work with you to determine your best options.

Frequently Asked Questions

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

The most important factor as to how quickly a divorce is obtained is whether the divorce is "contested." A divorce is contested when your spouse or spouse’s attorney files court pleadings in the case.

When is a case 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 “in default," which means the matter can be scheduled before the court for a hearing on your divorce, called a “proveup” and your spouse will not be able to participate in the proveup. Your case can be finalized at that proveup, and typically the judge will enter the judgment your lawyer has prepared.

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

When a person comes to court, a judge will almost always give that person 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 then to have that matter rescheduled, or “continued”, for another date. In our court system, there is a strong preference to give everyone an opportunity to participate in the court proceedings.

What causes a delay in concluding my divorce?

In a divorce, if both parties participate in the proceedings, there is usually an aspect of the case that is "contested” - 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 (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. However, if the parties can agree on everything, the case can  generally conclude very quickly.

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 to be answered, 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.

Do I have to have discovery in my case?

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

What is involved in a custody dispute?

The cases where the parties cannot agree on who should have custody of the children are frequently the most difficult, and they are very stressful for the parties involved, especially the children. Judges will frequently appoint an attorney for the children, and the parents are generally required to pay the children'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 children with him or her is in the best interest of the children. Consequently, these disputes can be very time-consuming and expensive.