Best Adoption Lawyers in Saint Charles, IL

It rarely matters who files a case first. However, if you and your spouse live in different counties or states, the first to file may choose where the case proceeds. If both parties live in the same county, it is immaterial who files first. Judges do not evaluate any issues in the case based upon who files it. Because a person who files a case can dismiss it for tactical reasons, it is usually prudent to file a counter-divorce to block them from doing so.

There is no simple formula for anticipating the length of the case. The complexity of the issues, combined with the level of cooperation between the parties and their lawyers, affect the length of the case. Typically, from the point of reaching a settlement, it takes approximately one month to finalize the divorce. If the case cannot be settled and needs to go to trial, the case will typically take at least one year to complete. While there are some exceptions, we resolve most cases (either by settlement or trial) within twelve to eighteen months after filing.

Shared parenting schedules are designed to increase the amount of time children have with both parents. Shared parenting arrangements are often used to resolve custody disputes. Parents will agree to divide time with the children equally. This type of arrangement, with frequent exchanges between the parents, may have a detrimental effect on children. We recommend consulting with a child psychologist to get advice concerning the impact of a particular schedule on your family.

Illinois has adopted an income share formula for the payment of child support. This means that the court will consider the income of both parents and the expenses for the children, as determined by economic reports by the government, and support will be allocated between the parents based upon their ability to pay. In addition to child support, the Court can allocated out of pocket expenses for the minor children.

Suppose one of the parties improperly takes money or disposes of assets, either before or during the divorce case. In that case, the court can consider that factor in dividing up the balance of the property. When one of the parties uses money or resources, not for the benefit of the family, especially if used only for their benefit, during a period that the marriage is breaking down, it is considered dissipation of marital assets. If that occurs, the non-dissipating party can be awarded a portion of the money dissipated at the end of the case. Generally, however, prevention is a better approach; all efforts should be made to ensure your spouse does not waste marital assets. While the case is pending, the court can enter an order known as a Preliminary Injunction, which bars the improper use of monies by either party during the case. Also, substantial bank accounts can be divided up at the beginning of the case to make sure one party does not have access to all of the resources to the exclusion of the other party.