The Law Offices of Nancy Kasko, LLC

Call Today for Your FREE Consultation
Call Us 630-967-4666

2100 Manchester Road, Suite 1628, Wheaton, IL 60187

Subscribe to this list via RSS Blog posts tagged in contested divorce

Winfield divorce discovery lawyerWhen parents divorce, the dissolution of the marriage must be formalized in a court of law, and decisions must be made regarding the allocation of parental responsibility, child support, and, when appropriate, spousal support. When, in a contested divorce, spouses cannot agree on child and spousal support, a full and fair financial accounting of income and assets is absolutely essential. In obtaining such an accounting, Illinois law provides spouses and their attorneys with processes which allow them to discover all income and assets relevant in establishing child and spousal support orders.

“Discovery” is the Legal Process Used to Determine Assets and Income

It is not uncommon, when a marriage is in disrepair and it becomes apparent that divorce is on the horizon, for one spouse to attempt to hide assets and other sources of income with the intention of lowering their anticipated child and spousal support obligations. Such efforts, however, not only stand in contradiction to the principle of equitable division of marital property mandated by Illinois law, but a spouse’s attempts to avoid paying their fair share of financial support can lead to a variety of legal consequences, including being held in contempt of court. 

When one spouse attempts to hide income or assets, the other spouse, with the assistance of an experienced divorce attorney, may compel them to disclose complete and accurate financial information. In this formal process, the legal tool of “discovery” is central. Specific forms of discovery include depositions (oral testimony), interrogatories (written answers), requests for documents, and court ordered inspections of financial records. The reason why the word “compel” is appropriate with regard to the discovery process is because discovery is conducted under penalty of perjury (lying under oath), which can result in grave legal consequences.

...

West Chicago contested divorce attorneyDuring divorce, spouses must address and settle a wide variety of legal issues related to how they will divide the various aspects of their shared lives into two separate households. The agreement or lack thereof with regard to these important issues speaks to whether the divorce is “contested” or “uncontested.” When a divorce is contested, it is important for spouses to understand the steps they must take as they work to reach a resolution. 

Addressing the Issues Which Must Be Resolved During Divorce 

Whether a divorce is contested or uncontested in Illinois, the dissolution of the marriage is a formal process that begins with the filing of a Petition for Dissolution of Marriage and ends with an action by a court of law. A divorce cannot be finalized until all outstanding legal issues are resolved. With regard to a contested divorce in Illinois, the subject matter in contest (in dispute) includes some or all of the following:

  • Allocation of Parental Responsibility (formerly known as Child Custody)
  • Child Support
  • Spousal Support
  • Property Division

With regard to parental responsibility, allegations of capacity or fitness-related deficiencies may be leveled by one party, accusing the other of failing to meet their parental responsibilities or a pattern of unlawful immoral activity (e.g., addiction-related issues). 

...

West Chicago uncontested divorce lawyerWhen a marriage breaks down, and a couple decides to get divorced, they are likely to experience some emotional trauma, and their distress will only be compounded by uncertainty over the cost and procedures of legally dissolving their marital union. Fortunately, some anxiety can be avoided by informing oneself about divorce laws in Illinois. One thing divorcing spouses should be aware of is the difference between contested and uncontested divorce.

Understanding Contested Divorce in Illinois

In Illinois, the only grounds for divorce (that is, the legal requirement for ending a marriage) recognized by state law are “irreconcilable differences.” Rather than demonstrating a reason why the marriage should be dissolved, a person only needs to state in their divorce petition that the relationship has irretrievably broken down. If the couple does not agree that this is the case, irreconcilable differences will be presumed if they have lived “separate and apart” for at least six months.

Rather than describing a disagreement about the reasons for a divorce itself, a contested divorce occurs in Illinois when a couple disagrees about the legal issues that they must resolve as they go about dissolving their partnership. If a divorce is truly uncontested, and the spouses agree on all matters, they may attend a court hearing to finalize their divorce decree and complete the divorce process. However, it is likely that even if spouses are in agreement about most issues, some issues will be contested, and these issues must be resolved before the divorce can be completed.

...
DuPage County Bar Association Kane County Bar Association Illinois State Bar Association Chicago Bar Association DuPage Association of Women Lawyers
The Law Offices of Nancy Kasko, LLC
Search
Facebook Twitter LinkedIn
Back to Top