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Oak Brook divorce attorney for litigation and trialsWhen a couple decides to divorce, they do not simply agree to end their marriage and walk away. They must address various legal issues, including asset and debt division, child custody, spousal support, and child support. These issues often become contentious. If spouses disagree on the terms of the divorce and cannot reach an agreement via alternative dispute resolution methods like mediation, the case may go to litigation. If you are planning to divorce, and you suspect that disagreements will arise, it is important to know what is involved in divorce litigation.

Resolving Divorce Issues Through the Court

Divorce dissolves a legal partnership, so every divorce involves a certain amount of court involvement. If a couple can reach an agreement on how to divide their property, assign parental responsibilities and parenting time, and resolve other divorce-related issues, the court involvement may be minimal. The couple must submit their agreements to the court and, unless there are major issues or the agreements are unconscionable, the court will approve the agreements. These agreements then become legally binding.

If the couple cannot reach an agreement about one or more issues, they will need to turn to various legal processes to reach a resolution. At this point, the case is said to be in litigation. The attorneys will gather evidence to use to support the spouses’ claims through a formal fact-finding process called discovery. This often involves “interrogatories” or formal written questions that a spouse is required by law to answer honestly.  Requests for production are another discovery tool that may be used to obtain financial documents such as tax returns or retirement account statements. Discovery may also involve “depositions,” which are formal interviews that take place under oath.

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Posted on in Divorce

Naperville Divorce Attorney

While some couples agree their marriage should end and amicably go their separate ways, not every spouse agrees their relationship is over when confronted with a divorce filing. For some, the idea of divorce is against their religious or moral beliefs. Others are struck completely unaware or oblivious that anything was wrong, and the divorce papers take them completely by surprise. For people in that category, many are unwilling to end the marriage without a fight.

If divorce papers arrive, do you have to sign them? What happens if you refuse?

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b2ap3_thumbnail_mental-illness-divorce-naperville.jpgDivorce is always difficult. However, divorcing someone who is suffering from mental illness can be all the more difficult—and has the potential to even become dangerous. There are several mental health issues that can lead to divorce, or contribute to a reason for it. Sex addiction, drug addiction, alcoholism, and mental instabilities, such as bipolar or borderline personality, can all make a marriage impossible to sustain in the long run, or even temporarily. Other situations in which one partner suffers from a less definable mental illness, such as someone who is severely passive-aggressive or a narcissist, can be just as delicate to navigate during a divorce.

When it comes to process of marital dissolution, spouses who are dealing with a partner suffering from mental illness will invariably face more challenges than those who are not. Some of these challenges can include aggressive legal strategies or, in some cases, even stonewalling. If your spouse is a pathological liar, for example, it is imperative that you organize evidence and proof of any claims before entering the courtroom. When you are dealing with any person with mental illness, especially if you are the one who initiated a contested divorce, compromise, honesty, and fairness will not likely be part of the dealings. Because of this, you will need to seek legal assistance from a professional who is familiar with these types of cases.

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