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Showing posts from October, 2018

How to prepare a deposition: A guide for divorce attorneys and clients

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Depositions are an important discovery tool used by   divorce attorneys to prepare for trial . While depositions are important for your case, they can be very intimidating, especially when the client has a lot at stake and is not familiar with the deposition process. Depositions are authorized under Illinois Supreme Court Rules 202 and 206. There are two types of depositions, discovery and evidentiary and the type of deposition must be stated in the Notice of Deposition.  In this article, we discuss how to prepare for a deposition, including preparing yourself and the client for successful outcomes. How to Prepare for a Discovery Deposition The majority of depositions will be   discovery depositions . This means that the party taking the deposition can ask questions that are likely to lead to discoverable information. The goal of the party taking a deposition is usually to get the deponent speaking and sharing information. The goal of the deponent and their attorne...

Stay-At-Home Dad’s Guide to Child Custody

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 Today more and more dads taking on the role of   stay-at-home dad   with more and more moms becoming the breadwinner in the household. So what happens when parents split up and the stay-at-home dad seeks primary custody of the children? Most people still believe that mothers will always prevail, but that is not true. The law isn’t as concerned about moms being the only parent who can bond with the children anymore. Dads can clearly bond with their children and if they are involved; the bond between dad and the children is just as important as a bond between the mother and the children. Custody, Parenting Time and Illinois Allocation Judgments With the change in the current law, we no longer refer to “child custody” cases as “custody”. Illinois now has   Allocation Judgments , which allow for more flexibility with your children. So if you are better at making the medical appointments and stay on track with your child’s physician, then under the new law, yo...

Default Judgments When Divorcing Someone in the Military

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What Happens If My Spouse Does Not Respond to My Divorce Petition Divorcing someone in the military   involves special rules especially when a military spouse fails to respond to a divorce petition. In any dissolution of marriage proceeding, the party that files the initial petition has the obligation to serve a copy of the divorce petition on the opposing party with instructions to file an answer within 28 days. Many times the party initiating the dissolution of marriage will have the required documents served on the opposing party only to have the opposing party fail to respond or file an appearance in the dissolution of marriage action. In most cases, this is a relief. As long as the Court has jurisdiction and the other party was properly served, the Court can issue a default judgment against the opposing party. A   default judgment   is essentially the Court granting the relief requested by the petitioning party because the responding party failed to appear or ...

Tips To Help Children Cope With a Difficult Divorce

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All parents going through a divorce will say one thing about their children–They want to act in their child’s best interest.  Unfortunately, each parent has a different viewpoint about what that best interest actually entails. Some parents feel like the best thing for their child is that no divorce occur, but in some situations, a divorce can be the best thing for the family.  I’m not here to tell you to divorce or not to divorce. Every family has to make their own decision as to what is best for them, but I’m sure we can all agree that certain things will allow your  children cope with a difficult divorce  and to pass through this process with the least amount of stress.  We should all strive for that. Kids of all ages will process their stress about their parent’s divorce in different way.  How they react depends on their age, personality, and the circumstances of the separation and divorce process.  Don’t believe for a second that your child ...

How to Find the Best Divorce Attorney in Chicago

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Searching for a  divorce attorney in Chicago  can be stressful with emotions running high and uncertainty about your future and the fate of your children.  It is very important to take the time to find the right divorce lawyer early in the process so that you fully understand your options, your rights and the Illinois divorce laws that will affect you.  Working with the right divorce attorney will be one of the biggest decisions you make and will affect your current well-being along with your future financial stability. With so many things to think about, it is difficult to know where to begin.  You may be wondering how to file in the first place, or if your spouse has filed you will have many questions about how to protect yourself and your family.  You might wonder how  Illinois divorce law  treats the separation of assets and debt, which can be a very complicated process in high asset divorces.  Retaining a Chicago divorce lawyer with...