Like anything else in life, you probably do not know a great deal about the process of divorce if you have never gone through it yourself. Another reason people may not be well-versed in what happens during divorce proceedings is that every divorce is different. Some couples might be able to finalize their divorce through amicable mediation; other couples might need their lawyers to negotiate the specifics; and still others might be involved in a more contentious scenario where a deposition is required. If you are considering divorce but feel confused about what happens in the proceedings, an experienced Chicago, IL, divorce lawyer can answer your questions so you can move forward empowered with knowledge.

What Is a Deposition?

Unless a divorce is uncontested or settled through mediation, the court will likely need to obtain testimony from and about both spouses involved in a divorce case. A deposition makes it possible to obtain this testimony without needing to enter a courtroom. Both sides can ask each other - as well as any witnesses they want to include - questions and all people answering questions are sworn under oath to tell the truth. A court reporter is assigned to be present during the deposition, and answers to the questions that are asked are recorded and can be used in court under certain circumstances.

In any divorce, accurate information about both spouse’s schedules, parenting, income, assets, debts, and work demands is crucial for deciding about various issues that need to be settled, including:

Nowadays, there are numerous ways that the average citizen can plan for their retirement. You could have a 401K, an IRA, and/or a pension fund. These might even become the source of serious debate during divorce proceedings.

When a couple first gets married, they are sure they want to share not only their time but also all their assets, bank accounts, property, and anything else for the rest of their lives. However, if they decide that marriage is not the right choice and they should split up, it can be confusing trying to figure out how everything can be agreed upon even before either spouse has considered divorce seriously. If you are married but now considering divorce, an experienced Chicago, IL divorce attorney will be able to walk you through the process and give you realistic expectations about what may come in the future.

How Can I Best Prepare Myself for Retirement after Divorce?

One thing to consider when entertaining the idea of divorce is what will happen to your retirement funds. You might have pension plans, IRAs, 401(k)s, or savings accounts that you set up as your retirement plan. Do you want to split the money in any of those funds you may have with your partner? One thing is for sure: it can become very complicated to figure out how to divide retirement funds.

Most people are familiar with the usual issues that need to be settled in a divorce: Who will get to keep the family home? How will custody of the children be divided? What will happen with retirement funds and insurance policies? But something that is less commonly discussed as a divorce issue is the fate of a family pet.

Since a pet is an animal, it would generally be considered property. However, in many families, the pet is regarded as a genuine part of the family. In such cases, it is no longer a simple matter of dividing up whatever the couple once owned together. If you are considering divorce and concerned about where your beloved pet will end up, a compassionate Chicago, IL divorce lawyer can go over your concerns with you and advocate for an optimal resolution.

If We Both Love Our Pet, How Do We Decide Who Gets Her?

It can be quite difficult to figure out which spouse will get a family pet in a divorce settlement. Similar to other aspects of a divorce settlement, you will need to gather evidence to support whatever claims you will be making about this pet. Whether you bought or adopted the pet, there should be records and paperwork that can show proof of ownership. There could be records at your local veterinarian’s office with information that can establish a timeline and patterns of which spouse tended to the pet more. Videos and photographs can also be used to show which spouse was the pet’s main caregiver. Based on whatever is brought before the court, the judge might decide that it would be in the pet’s best interest to be with one of the spouses.

Divorce can be an extremely complicated process for parents. Several important decisions need to be made about how the parents will proceed with raising their children once they are no longer one family unit. But the complexities do not end once a divorce settlement is reached. 

What if one spouse does not fulfill the conditions of the divorce? What if, for example, your spouse has stopped making the child support payments that you depend on? If you are divorced and your ex-spouse has suddenly stopped paying child support, a Chicago, IL divorce lawyer can discuss with you the options you have for reinstating those payments.

Why Is Child Support So Important?

Generally speaking, the courts do not get involved in a typical family’s private issues. That means courts do not tell married parents who needs to be with their children when, and they do not intervene in how the parents conduct their family’s finances. But when a couple is going through divorce, the court needs to mandate many decisions that would be left to a married couple to decide on their own:

A postnuptial agreement is like a prenuptial agreement in that it describes how a couple’s finances will be split after a divorce. The key difference is that a prenuptial agreement happens before the marriage begins, while a postnuptial agreement takes place after a couple is already married.

Married couples who want to protect their assets in case of divorce should consider a postnuptial agreement. For more information on postnuptial agreements, hiring an attorney can help. They can provide insights on what should be written in the agreement and help prepare the paperwork if necessary.

Reasons For a Postnuptial Agreement

The primary reason for a postnuptial agreement is to safeguard current assets from needing to be divided in a divorce. Property rights not settled in advance by mutual agreement will see them settled through negotiations at the time of divorce or via the Illinois Marriage and Dissolution of Marriage Act.