INITIATING A DIVORCE IN YORKVILLE AND KENDALL COUNTY
FILE A PETITION FOR DISSOLUTION OF MARRIAGE
A Petition for Dissolution of Marriage is the initial paperwork filed in Yorkville and Kendall County. Generally, the Petition for Dissolution of Marriage is a summary of what the Petitioner or Plaintiff is seeking in the divorce process. The initial Petition for Dissolution of Marriage gives basic information such as the date of marriage, basic court jurisdiction information, how many children if any the spouses have, and whether a spouse is seeking spousal support or otherwise known as “alimony” or “maintenance”.
SERVE THE SPOUSE WITH THE PETITION FOR DISSOLUTION OF MARRIAGE
The second step of obtaining a divorce is serving your spouse with a copy of the divorce paperwork. Generally, spouses will have a private process server or hire the Kendall County Sheriff’s Office to serve your spouse the divorce paperwork. The Kendall County Court will not have jurisdiction to resolve your case until they have personal jurisdiction over your spouse. In exceptional cases, the Kendall County Court can grant you permission to serve your spouse through publication.
FIRST COURT DATE
The first court date is an initial status update to inform the court on the progress of serving your spouse. In most cases, your spouse will have been served a copy of the divorce paperwork by the first court date. Often, the first court date given by the Kendall County Circuit Court is not always the first court date. After a spouse has been served with the divorce paperwork, the opposing attorney or pro se spouse can motion the case up for an earlier court date.
The first several months of the divorce process is responding to discovery initiated by the other side. During this discovery process, the opposing attorney is seeking financial information such as the last three (3) years of tax returns; last three years of paystubs; the last three (3) years of banking, credit card, and savings account information. The purpose of discovery is to exchange information with the other spouse to insure that nothing funny has occurred such as dissipation of marital assets.
TEMPORARY MOTIONS: CHILD SUPPORT; SPOUSAL SUPPORT; AND TEMPORARY VISITATION SCHEDULE
The initial part of the divorce will be addressing any temporary motions or petitions. Generally, these motions are a legal request for temporary child support, spousal maintenance, and or temporary visitation schedule. Temporary orders are any court order that is not final or is just an order while the divorce case is pending. Both spouses should fill out a financial disclosure affidavit, which discloses their key financial information to their spouse. The financial disclosure form will disclose relevant bank and savings account information including balances and any outstanding liabilities. The financial disclosure form and paystubs are used to calculate temporary child support orders and spousal support orders.
Pre-trials are only conducted when the parties both have attorneys. The purpose of a pre-trial is to encourage settlement and to assist to resolve disputed issues. Both attorneys meet with the Judge in private and summarize their clients’ key arguments and why their arguments have more merit than their spouses. The pre-trial hearing is a opportunity to hear the Judge’s perspective on the divorce case and get ideas on how to resolve the divorce case. The pre-trial recommendations do not have to be accepted, but the parties understand the Judge’s perspective without the risk of trial or hearing. Essentially, a pre-trial is most likely to result in a settlement unless the parties positions cannot be resolved without trial or hearing.
SETTLEMENT OR TRIAL
Most divorce cases result in a settlement. The terms of the settlement is a compromise. A key characteristic of a good settlement is neither parent is happy. Often, spouses and parents must compromise and they do not always get what they are looking for. Often, settlements in divorce cases which are less disputed, the parties may not like the result, but understand that the divorce process has no winners. At a minimum, divorce litigation is discouraging and frustrating despite effective and responsive divorce representation.
If the parties cannot settle the matters, a trial date is necessary to resolve the differences. Sean Robertson and Robertson Legal Group, LLC are effective negotiators and trial attorneys. Often, a spouse or parent will initiate the trial process at a last resort. If the parties settle their case, the last phase of the divorce process requires a prove up. A prove up of resolved settlement terms are necessary to make sure the basic requirements of divorce law are met and the settlement terms are fair and equitable.
CONTACT US TODAY AT 630-882-9117
At Robertson Legal Group, LLC, we provide effective and responsive divorce and child custody legal representation. Call Sean Robertson at 630-882-9117. Unlike most divorce attorneys, we are full-time Kendall County Divorce Attorneys. Sean Robertson is a resident of Yorkville and Kendall County. Most divorce attorneys serving Kendall County are outside of Kendall County.