HOW ARE CHILD-RELATED ISSUES HANDLED DURING THE DIVORCE PROCESS?

In most Illinois counties, judges will require the parties enter into a Joint Parenting Agreement which will outline the rights and obligations of each party in regards to the children.  It will outline custody, visitation, support, etc.  If the parties are not able to reach an agreement regarding these issues, most judges will order mediation.  If you are facing a divorce with minor children, contact one of our divorce lawyers today for more information.

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HOW DO I GET CUSTODY/VISITATION OF MY CHILD IF THERE WAS NO MARRIAGE?

Depending on what county is the proper venue, the process may be slightly different.  For example, in Cook County, there is a separate court to deal with parenting cases where no marriage is involved.  However, the proceedings will be similar to domestic relations cases.  The process will begin with one party filing a petition asking the court for specific relief.  The court can order mediation, conduct a hearing, or the parties could negotiate and settle the matter in their own.  If that is done, both parties will enter into an agreement outlining the terms of the settlement.  If the parties cannot come to an agreement, the court will listen to evidence and make a binding determination in the case.  If you find yourself in a situation where you would like to pursue custody or visitation of your child, contact one of our family law attorneys today.

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HOW AND WHEN DO I GET AN ORDER OF PROTECTION?

If a person believes they are in danger or harassed because of previous behavior or threats from a spouse or other family member, they can apply to the court for an order of protection.  An order of protection is a court order requiring or preventing a person from engaging in certain behavior in order to protect another individual.  If it is an emergency, you can apply for an emergency order at the local circuit courthouse and it will be heard the same day.  If a person is facing serious bodily injury or harm, they should always contact the police first.  If you believe you may need an order of protection, contact one of our family law attorneys today to see if you qualify and to discuss the process.

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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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