Litigation Going to Court
Sometimes, going to trial can be just the beginning of your problems.
Litigation is the word that depicts the process of going to court and fighting for what you are entitled to. It is a lawsuit in progress. If you are in a legal proceeding, you are in litigation. It includes the entire court process, from the filing of the case until the judge reaches a decision. Most people are surprised to learn that less than ten percent of all divorces ever go to trial. The other ninety plus percent settle … [Read More…]
1.The pleading stage. This is when both parties file papers that set out their positions and their version of the issues. 2.The discovery stage. This is when you can compel your spouse to disclose everything you need to know regarding grounds, parenting issues, support issues, asset identification, asset values, and any other matters that will help you determine your rights and/or obligations. You get to question … [Read more…]
Divorce court is no place for your divorce!
Answer: The discovery stage of a lawsuit starts to happen within a month or so of the original filing of the case. It is the second stage of litigation. When the case is filed, certain allegations are made regarding the rights of the person that files. The other party files a Response to these allegations that typically denies that the filing party is entitled to everything they are asking for. When one party claims … [Read more…]
Answer: Simply put, a person gives his or her deposition when he or she, accompanied by an attorney, answers questions put by the other side’s attorney regarding the facts of the case. Depositions are under oath and generally take place in an attorney’s office. A court reporter is present and everything that is said is recorded. Those people that are allowed in the room during the taking of a deposition … [Read more…]
Divorce court is a vampire – try to stay out of it.
Answer: A Status court date (also known as a Progress Call) is when the case is called in open court and the attorneys are required to advise the court as to the progress of the case thus far. The court selects the dates of these appearances and the first such Status date (depending upon the county) usually occurs four months after the case is filed. It is not necessary for clients to be present on these court … [Read more…]
Answer: A pre-trial conference is a settlement meeting that the lawyers have with the judge. The first pre-trial usually occurs before the case is set for trial, and shortly after the discovery is completed, or is close to completion. Additional pre-trial meetings with the judge often take place just before or during the actual trial. The lawyers get to present their clients’ version of the facts and of all other pertinent … [Read more…]
Divorce court is a health hazard for families.
Answer: If the parties are able to reach an agreement on all of the various items that must be resolved in their particular case, they embody the terms of their agreement in a document, which they submit to the court for approval and entry. This document is their Marital Settlement Agreement, also known as “MSA.” A marital settlement agreement gives the parties a one-time opportunity to author … [Read more…]
Litigation is the term used for an legal action between two parties who disagree about an issue. Divorce litigation goes through the family court. Even if you have no children, this is where your divorce will take place if you choose litigation because you cannot come to an out of court settlement. You both will present the facts of your case in regard to where you disagree. Your attorney will … [Read more…]
You don’t always have to fight to get a good outcome.
Many people go into divorce litigation believing that surely justice will be done and the judge will throw the book at that jerk of a spouse of yours. They believe that they are completely right, and their spouse is completely wrong, and they will walk away the winner taking all and smelling like a rose. Well, there is some news you need to learn about divorce litigation that might be … [Read more…]
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.
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