WHAT IS AN ANNULMENT?

In general, the terms "divorce" and "annulment" are used somewhat interchangeably, however, they do refer to quite different actions.  In Illinois, an annulment is a legal action to declare a marriage invalid, whereas a divorce is simply the dissolution of a valid marriage.  In both cases, the parties would no longer be married at the conclusion of the proceeding, however, an annulment would go one step further and declare that a marriage was never in effect.  If you have questions related to divorce or annulment, contact a divorce attorney below by clicking on the link and giving us a call.

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WHAT IS AN ORDER OF PROTECTON?

In divorce cases, sometimes a party may feel threatened, intimidated, or harassed.  If this occurs, the affected individual may file for an order of protection from the offending party, which is a court order requiring a person to comply with the ruling or preventing them from engaging in certain actions.  An order of protection can be temporary, typically 2-3 weeks, or plenary, which can be up to two years.  If you are being threatened or harassed, contact one of our attorneys today to discuss a possible order of protection.

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WHAT IS A GAL AND WHAT IS THEIR ROLE?

A GAL, or Guardian Ad Litem, is an attorney assigned to represent the interests of a party who cannot represent themselves.  In family law, a GAL is often assigned to represent a minor child or special needs individual.  They are assigned by the judge in the given case and can serve a very important role.  Typically, they will gather information from the other parties involved in the case in order to make certain recommendations to the judge, which can hold significant weight in a case.  It is important to work with the GAL if one is assigned to your case to ensure they recommendations and opinions are fully informed.

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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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