Discovery is a pre-trial procedure for parties to obtain evidence from each other through various means. Examples of discovery are document requests, interrogatories, and subpoenas. Discovery begins shortly after the initiation of a divorce proceeding and generally continues to be updated throughout the duration of the case in preparation for trial. Madilyn Keating Ellsworth is […]
Legal Issues
What kind of divorce lawyer should men seek out?
Men need a family law attorney who is experienced in the issues that matter most to them, with the proven experience to guide them toward their goals. You want someone who is going to explain your options and help you choose the best path forward. With that said, as you interview different attorneys and firms, […]
If a party decides not to retain a lawyer will they be held to the same standards in court?
In Illinois individuals who represent themselves are referred to as pro se litigants and are held to the same standards as a licensed attorneys. This means pro se litigants are expected to know the law, the rules of courtroom practice, and all professional standards. This is obviously an extremely difficult, if not impossible task for […]
How can a father retain a close relationship with his kids if he is not the parent of primary residence?
Make the most of your parenting time by keeping it focused on your kid as much as possible. This doesn’t mean being what we call the “Disney Dad,” where time with you is always a fun trip or a special event. Helping your kids with homework, taking them to doctor appointments, or even hitting the […]
Can the custodial parent move children to another state?
Yes, the parent with the majority of parenting time can move a child or children to another state. To do so, one of two circumstances must exist. First, the parent who does not have the majority of parenting time could agree to the move. If there is an agreement, a modified parenting plan will be […]
What one key pitfall should men watch for to avoid a bad settlement?
While no one wants to prolong the financial or psychological stress of divorce, operating from an “I just want it to be over” mentality will likely cause regrets. Poorly constructed financial settlements can take their toll and unfair custody or support arrangements can be difficult to modify. Don’t let guilt or fear prevent you from […]
What happens if divorcing couples can’t reach a settlement and go to trial?
If they’re contested issues in a divorce case the parties can’t work out between themselves and their attorneys, then it may be necessary to proceed to court for a hearing or a full trial. If a case does go to court the parties will file the necessary pleadings or motions according to a briefing schedule […]
What do men need to know about alimony changes in New Jersey?
The alimony statute changed with the passage of the Alimony Reform Act and the new statute eliminated permanent spousal support awards. Instead, these have been replaced with the option of alimony awards that are of “open duration.” That means that they have no predetermined ending date. Open duration awards are generally reserved for long-term marriages. […]
How is custody and child support decided when dealing with children of unwed parents?
If a child is born to unwed parents, the Illinois Parentage Act directs the court to determine allocation of parental authority and child support in the same manner as married parents. As to the former, the court will make that determination based on the best interest of a child. As to the latter, currently, child […]
In divorce litigation is there always a trial or can you settle out of court?
It’s certainly possible and encouraged for parties to reach an amicable settlement if possible rather than proceed to a full trial. I’ve often heard judges take the position that it’s better for parties to take control of their own case and decide their own future by settling contested issues, rather than have an unfamiliar third […]
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