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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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IL divorce lawyerIn uncontested divorces, both spouses are typically willing to hand over whatever information the other party requests or needs. However, in divorce cases that involve spouses who do not get along with one another, it is not always guaranteed that you will get all of the information that you asked for. The process of discovery is simply just the formal process of asking your spouse for their financial information and handing over any information that they request in turn.

How Can I Gather Information During the Discovery Process?

There are various things you can do during the discovery process to help gather information. Not all divorces will include all forms of discovery, but they are all available to use as legal tools for gathering information. These discovery tools include:

  • Formal requests: Generally, the discovery process begins when an attorney sends a formal request for certain financial information to the other party. This request could be for documents such as tax returns, bank statements, pay stubs, retirement account ledgers, insurance policies, and even estate planning documents.
  • Interrogatories: If your attorney utilizes interrogatories, a list of questions will be sent to your spouse for them to answer. They are required to answer these questions truthfully, under the full disclosure requirement of Illinois law. These questions typically serve the purpose of gathering evidence to support your claim for marital property and/or spousal support.
  • Admissions of fact: If your spouse is dancing around a question and will not directly answer it, an admission of fact can force them to answer. An admission of fact is similar to an interrogatory, though your spouse must answer simply “yes” or “no” depending on the question.
  • Requests for reproduction: You can ask for a request for reproduction of certain documents if they were not already handed over. For example, if you are notified that your spouse is going to call an expert witness during the trial to testify, you might want to request any and all documentation that the other party has on the witness.
  • Depositions: A deposition is a sort of interview that takes place between your attorney and your spouse. Your attorney will have a list of questions that they will ask your spouse in the presence of a court reporter. The statements taken by your spouse through a deposition are sworn statements that could result in perjury if they lie deliberately. The court reporter will transcribe the entire conversation between your attorney and your spouse.
  • Subpoenas: If your spouse is difficult and does not comply with your discovery requests, a subpoena may be warranted. Subpoenas are court orders that are often used as a last resort when a party is being particularly uncooperative and can force that person to either testify in court or produce certain documents.

Discuss Your Situation With a Burr Ridge, IL Divorce Attorney

If you and your spouse do not agree on property division issues during your divorce, you should speak with a knowledgeable DuPage County contested divorce lawyer about your case. At Botti Marinaccio, LTD, we have experience working with a variety of couples in many different situations, including contested divorces. Our team of skilled attorneys can help you fight for your best interests. To schedule a consultation, call our office today at 630-575-8585.

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IL divorce lawyerIf you were to ask a divorcing homeowner what their most valuable asset is, it is very likely that they would say it is their home. Not only are houses often worth hundreds of thousands of dollars, but they also usually carry some sort of sentimental value to the people who live in them. Many people have an emotional connection to their family home, especially when they have lived there for years, raised their children in that home, and made so many warm memories there. Unfortunately, you cannot simply just cut a home in half when you get a divorce. One of the biggest arguments that can arise from divorce is determining who gets to claim ownership of the house.

Equitable Division in Illinois

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all marital property in Illinois is divided in an equitable manner between the spouses. Marital property is considered to be anything that you or your spouse acquired while you were married but before a legal separation. Certain property is excluded from marital property, however. This includes gifts, property acquired by inheritance or legacy, property excluded from the marital estate through a valid prenup or postnup, and any property that was acquired by either spouse before the marriage.

Dividing Your Home’s Value

In most cases, there are typically only three different situations that can come out of this: you can either continue to co-own the home in the same manner, the spouse who wants the home can “buy out” the other spouse for their half of the home, or you can sell the home and split any proceeds you have from the sale:

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DuPage County divorce attorney spousal maintenance

The wish to share your life with a romantic partner is human nature. After you decide to file for divorce, you may be eager to find a boyfriend or girlfriend who can become the loving partner you wished your soon-to-be ex-spouse would have been. You may have even decided to end your marriage because you met someone else. While the desire to date before a divorce is finalized is understandable, dating during divorce can negatively impact the outcome of your divorce in several different ways.

Legal Implications of Dating During Divorce

You may be shocked to learn that adultery is technically a misdemeanor criminal offense in Illinois. Of course, it is almost never prosecuted and the chances of a person being convicted of adultery are nearly zero. However, dating before the completion of your divorce can have significant civil consequences.

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Western Spring divorce attorney spousal maintenance

Leaving the workforce to become a full-time mother or father can be a huge advantage to your children as well as a risky career move. When you first decided to stay home with your children, you probably made the choice because it was in your children’s best interests. You placed your own professional goals on hold for the betterment of your family and trusted that your spouse’s income would sustain you. Now that you are facing the end of your marriage, you may have major concerns about the financial consequences brought on by the impending divorce. Fortunately, Illinois law provides several options that may help mitigate the negative financial effects of divorce for homemakers and stay-at-home mothers and fathers.

Non-Financial Contributions Are Considered 

Spousal maintenance refers to payments that the spouse with a higher income makes to the spouse with the lower income after divorce. If you and your spouse have already reached an agreement about maintenance through a valid prenuptial agreement, the court will likely uphold this agreement. If you do not have a marital agreement addressing maintenance, you have the right to petition the court for spousal maintenance. When deciding whether or not to award maintenance or alimony to a spouse, Illinois courts consider each spouse’s income and property, in addition to his or her needs. They also take into account any impairment to a spouse’s present and future earning capacity caused by child care obligations. The amount and duration of spousal maintenance is usually determined by statutory formula. If the combined yearly income of the spouses is greater than $500,000, the courts may deviate from the statutory formulas.

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Western Springs spousal maintenance attorney

The end of a marriage not only brings dramatic personal changes but also considerable financial consequences. If you are considering divorce, you may wonder how spousal maintenance, also referred to as spousal support or alimony, is handled in Illinois. Maintenance payments can be a significant expense for the payor spouse and a significant source of financial support for the recipient spouse. Disputes about the terms of spousal maintenance can be contentious. That is why it is essential that you seek guidance from an experienced divorce attorney in order to understand how this type of support is calculated and your rights regarding these benefits.

When Is Spousal Maintenance Awarded?

If spouses had previously signed a marital agreement such as a prenup that contains directions regarding spousal maintenance, the court will typically uphold these directions. However, there are many issues that may cause a prenuptial agreement to be declared invalid, such as if it was signed under coercion or it contained fraudulent information about assets.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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