Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.
In the years after a divorce is finalized, sometimes couples find it necessary to make changes to their divorce decree. Understandably, individuals often choose to return to the attorney who handled their divorce to make these post-decree changes. It may come as a surprise to them that, by initially participating in what is known as the “collaborative” divorce process, it may not be an option to return to their original collaborative divorce attorney for post decree issues.
There are many situations that may arise in which an update to a decree is warranted. Whether it is a matter of terminating maintenance due to the receiving party cohabitating, clarifying how the parties will pay for college tuition, or negotiations due to one party’s desire to relocate minor children, post-decree issues such as these are relatively common. Those who choose to return to the attorney who handled their divorce case do so for several reasons. First and foremost, a returning client often feels that their attorney represented them well in their divorce, and there is no substitute for a skilled and effective attorney. Additionally, a divorce attorney is required to maintain their client files for seven years after the conclusion of a case. This means that for that length of time all the documents, financial information and personal information related to the case are readily available through the original attorney. Eliminating the need to re-compile this information saves considerable time and expense. Finally, an individual is likely to return to the attorney who has personal knowledge and the details of their case, and with whom they have previously established a working relationship and a level of comfort.
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Part 2: Lack of Formal Discovery Process Raises Concern in Collaborative Divorce
Posted on April 14, 2020 in Uncategorized
Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.
When a couple is going through a divorce, one of the most important initial components is to establish the assets that they have compiled together during the marriage. In a traditional divorce, when attorneys formally request this information from both parties, it is known as the “discovery process”.
The full discovery process may include subpoenas, interrogatories, depositions, and other motions regarding discovery and investigation and presentation of financial matters. It is not uncommon in a marriage for one spouse to handle all the finances, and for the other to have little knowledge of the couple’s expenses, account balances, investments, and debt. When entering into a divorce, it is important that both parties have a clear picture of their financial situation. To that end, the ultimate goal of the discovery effort is to accurately and completely identify the assets of the parties so that they may be divided in a fair and equitable manner.
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Principles for Helping Your Children Through the Divorce Process
Posted on April 14, 2020 in Uncategorized
The divorce process can be emotionally and economically draining on families. Over the years as a divorce attorney in Naperville, Illinois, I have found that the periods before and after the divorce are the most challenging times in my clients’ lives. And, the process of divorce can be particularly difficult for children of divorcing parents.
Children Through the Divorce Process When children are involved, the ideal scenario is that the divorcing parents are amicable and that they cooperate, not only in the divorce process, but in supporting the children during this time. However, not all divorces are amicable, and in this case it is even more crucial for parents to consider the emotional health of their children before, during, and after the divorce. The following guiding principles should be considered by any parent confronting a divorce.
Principle 1 – Encourage your child to have a positive relationship with your spouse during and after the divorce. Do not allow your child to overhear conversations about your spouse and your divorce, or make negative comments directly to your child about the other parent. It is important that children feel safe and know that both parents love and support them. Treating your spouse with respect and presenting a united front to the children will allow the children to maintain positive feelings toward both parents. If possible, parents should meet with their children together to explain the divorce.
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Why Divorce Litigation is Sometimes Necessary?
Posted on April 14, 2020 in Uncategorized
In my practice as a Naperville divorce attorney, I often recommend that my clients consider mediation (or other non-adversarial options) for their divorce. There are many benefits to non-adversarial approaches such as mediation over traditional divorce litigation; however mediation is not for everyone. This article covers situations where you may have to consider litigation over a less adversarial divorce resolution process like mediation or collaborative divorce.
Mediation requires that there is some level of cooperation
Couples that are going through divorce always have issues that they are in disagreement with. Why Litigation is Sometimes Necessary Whether or not mediation is successful comes down to the magnitude of the disagreements, and more importantly, whether or not both parties can cooperate enough to reach a settlement. If cooperation is simply not there, then litigation may be the only path.
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Stages of Your Divorce
Posted on April 14, 2020 in Uncategorized
Every divorce is unique and has its own special set of facts and circumstances, which include the interests of the children. Stages of Your Divorce Each client deserves the right to have an attorney who has the skill, knowledge, and experience for their case, and selecting the right attorney is your first important step. At the Law Office of Ronald L. Hendrix, P.C., we make a point of getting to know our clients, their interests and concerns, and especially the interests of their children.
Petition For Dissolution of Marriage
The divorce begins when a Petition for Dissolution of Marriage is filed with the county Circuit Court Clerk. The Petition will identify the parties to the divorce and any children of the parties. It will also contain factual information, and the party filing for the divorce will state a reason as part of the Petition. Grounds for divorce no longer exist in
Appearance and Response
Usually, the Petition is served along with a Summons by an Officer of the county’s Sheriff’s Department or licensed process server in order to acquire jurisdiction over the other party. Or, the Petition may be sent directly to the other party, requesting that party or party’s attorney to voluntarily file an Appearance, and avoid being served. The Appearance is a form whereby a party acknowledges the Petition for Dissolution of Marriage has been filed, and the party submits to the jurisdiction of the court. The party receiving the Petition also has the opportunity to file a Response to the issues in the Petition that are disputed, as well as set forth that party’s position on certain issues.
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What You Need to Know About Maintenance (Alimony) in Illinois?
Posted on April 14, 2020 in Uncategorized
Maintenance (Alimony)
Maintenance (alimony) describes payments made by one spouse to the other spouse to preserve their lifestyle when the earning capacity of one is significantly greater than the earning capacity of the other.
The court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.
The court shall first make a finding as to whether a maintenance award is appropriate, after consideration of all relevant factors, including:Spousal Support
- The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance as well as all financial obligations imposed on the parties as a result of the dissolution of marriage;
- The needs of each party;
- The realistic present and future earning capacity of each party;
- Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
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7 Steps to Get Ready for Your Divorce
Posted on April 14, 2020 in Uncategorized
If you are living in Naperville or the surrounding communities and are contemplating divorce, it is important to take the appropriate action and prepare for the divorce process. This post recommends 7 steps to prepare for your impending divorce.
Gather information, learn about, and understand your rights.
The vast majority of people entering the divorce process for the first time do not truly understand how the divorce process works. It’s important to consult with an attorney before the divorce process starts and learn what your rights and responsibilities are. Additionally, an experienced attorney can help you gain insight into what type of divorce you may be facing (litigation, mediation, collaborative divorce, uncontested divorce).
Develop a balance sheet for your marital assets and liabilities.
Start by listing all your debts and financial obligations (home mortgage, auto loans, credit cards etc.) Then list all of your financial accounts including insurance policies, retirement accounts and other savings accounts and vehicles. Additionally, take an inventory of all your personal belongings including automobiles, boats, artwork and furnishings. Having a clear understanding of your financial situation is critical for making decisions about your divorce, and will save you time and money when you start working with an attorney.
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