HOW IS DIVORCE MEDIATION CONDUCTED?

A lot of clients are unsure about the process and cost of mediation in a divorce.  Generally, the judge will order mediation if the parties cannot agree on the settlement terms.  The  mediator will be an impartial divorce attorney whose job it is to facilitate negotiations and hopefully reach a resolution.  The parties will usually split the cost of mediation, which can cost between $100-$300 per hour.  After mediation is completed, the case will be sent back to the courts and the mediator will provide an update to the judge.  If an agreement is not reached at that point, the parties will prepare for a trial on the unresolved issues.

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IS THE RESPONDENT REQUIRED TO APPEAR AT A DIVORCE PROVE-UP?

Generally, the judge will not require the respondent to appear in court at the prove-up for a divorce, assuming all required documents have been executed prior to the court date.  If this has been completed, a judge will only require the petitioner to appear at the prove-up and answer the required questions.

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WHAT IS A PRETIRAL COURT DATE?

In a divorce case, if the parties are unable to settle their issues outside of court, the judge will generally schedule a pretrial court date.  This court date is one last attempt to reach a settlement agreement, and the judge is involved to assist with facilitating negotiations.  The judge will not make any formal rulings at this time, however, he or she will offer advice and recommendations to the attorneys in an effort to bring the parties closer together in negotiations.  If a resolution is not reached, the case will usually be set for trial at this point.

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WHAT IS A LEGAL SEPARATION?

A legal separation, as opposed to a common separation, requires that a case be filed with the local court and a court order being entered granting the separation.  The benefit of a legal separation is that you can legally divide property, obtain child support and maintenance, and do many of the other items you can accomplish with a divorce.  However, with a legal separation, the parties are still married.  Therefore, they are not free to marry other individuals, but the parties can still remain on their spouse's insurance.  For more information and to see if a legal separation is right for you, contact one of our divorce attorneys today.

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WHAT HAPPENS IF A PARTY DIES DURING A DIVORCE CASE?

Unfortunately, parties sometimes due during the divorce proceedings.  Typically, this will stop the proceeding or cause a petition to be dismissed.  However, a party's estate could be liable for debts to another party such as unpaid child support or maintenance. 

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IF I MOVE AWAY FROM THE MARITAL RESIDENCE, IS THAT ABANDONMENT?

Abandonment is a term often used by clients in Illinois, however, it is not correctly understood by most.  If a party moves out of the marital residence, it will not necessarily be viewed negatively by the court.  Again, abandonment is not a legal term used by the court.  Instead, the only way it will be used against a party in a divorce proceeding is if the party moving out of the residence was providing necessary financial support to the other party and/or the children of the couple, and he or she fails to do so after vacating the residence, leaving the other party unable to pay required bills or expenses.  In this instance, the court may enter an order that the vacating party continue to provide support to the other party. 

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FINANCIAL DISCLOSURE

After the initial pleadings have been filed in a divorce case, each party will have to complete a financial disclosure statement, which has a different name in each county.  The purpose of this form is for each party to disclose their income, expenses, assets, and liabilities to the opposing party so each party will have full knowledge entering negotiations or trial.  These disclosures are signed under oath and under penalty of perjury to ensure accuracy and completeness.  Contact one of our divorce attorneys for more information.

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