The strategy of whether to litigate or settle a case really depends on the particular circumstances of each case. In some situations, there’s an opportunity to negotiate or mediate all of the contested issues. In other situations, mediation is a completely futile process and the parties will never get anywhere trying to resolve the case […]
Legal Issues
Should women have their divorce decided by a judge or a dispute-resolution process?
Some women may enter the divorce process thinking that litigation in court with a judge deciding their marriage will somehow be beneficial to them. Before committing to litigation, it’s a good idea to first consider all options and whether litigation is truly even necessary. If you’re considering mediation as an out-of-court option, but are worried […]
What do women need to know about alimony changes in New Jersey?
When the New Jersey Alimony Reform Act was passed, one of the biggest reforms was the elimination of permanent alimony. It was replaced with the option of ordering alimony awards that are what we call “open duration.” This means that there’s no pre-determined ending date. To receive an open durational alimony award, in most cases […]
What does the court look at when dividing assets in a divorce?
The courts look at factors including, but not limited to, each of the parties’ contribution to marital or non-marital property, dissipation by either party of marital property, the duration of the marriage, the value of property and the agreement by the parties, the parties’ age, health, occupation, skills of the parties, whether maintenance is awarded […]
What does a parent need before a custody evaluation with a psychologist?
The recommendations are along the lines for a Guardian Ad Litem. You and your attorney are going to have determine what the issues are. If there’s been domestic abuse then you need to get a certified copy of the court related to that criminal case, and take it with you and share it with the […]
Can high conflict divorces be resolved through negotiation or just litigation?
High conflict divorces can certainly be resolved through either means. Courts and attorneys generally encourage parties to mediate their contested issues to the full extent possible. Even if parties are unable to agree or completely negotiate their high conflict divorce, courts will try to get the parties to agree on as many issues as possible […]
How can you work with a guardian and explain their role to children?
The parent can certainly help the Guardian Ad Litem by assembling any information they request and submitting it on a timely basis. If there’s a medical issue that’s been raised regarding one of the children, then at that initial meeting with the GAL, that parent should bring a copy of the child’s file from the […]
If a couple has resolved their issues except the division of their property, does a judge decide the entire case?
Judges encourage parties to settle as many issues between themselves as possible. The court will decide any issues that remain unresolved between the parties. If the parties are able to resolve allocation of parental responsibilities and parenting time, but they cannot agree on the division of their estate, then the court will only have to […]
What are challenges women can face during the divorce process?
Divorce is one of the most difficult life transitions anyone can face. Everyone handles divorce in their own way. For some women, it can be that she left her career to stay at home and raise the kids and didn’t really handle too many of the marital finances, and now she’s getting divorced and she’s […]
What is the role of a Guardian Ad Litem?
In Illinois there’s several roles which the judge can designate for someone acting on behalf of a child or children in divorce court. The court can appoint an attorney to provide independent legal counsel for the child and that type of appointment is actually rather rare. We don’t see that terribly often in divorce court. […]
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