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Effective Estate Planning For Divorcees

Estate planning is critical after a divorce because most of your beneficiary designations, wills, and/or revocable living trusts are obsolete.  Often times, divorce is a difficult and trying time.

What is Estate Planning?

Estate planning is the process of arranging your wills, revocable living trust, powers of attorney for property and healthcare in a manner that transfers your assets upon a death or incapacity in a smooth manner.  Simply put, the purpose of estate planning is to pass your assets onto your children or your beneficiaries without conflict or probate proceedings.

Typically, a will is most people’s first thought when they think about how to distribute their assets upon a death.  On the contrary, a will is a written document that is subject to probate court proceedings.  Probate court proceedings are an ineffective way of transferring your wealth upon death.  An alternative strategy that avoids probate court is called a “Revocable Living Trust” or otherwise called a “Living Trust”.

Benefits of a Revocable Living Trust

A Revocable Living Trust is an estate planning strategy that involves a written document that has certain powers under the law that a will does not possess.  The first feature of a living trust is it is “living” which means that it is alive and well during your life.  This is important because many seniors and people face incapacities and diminished mental capacities where a court called “guardianship court” has to determine who will manage their assets and make important healthcare decisions.  One of the benefits of a “Living Trust” is it combats incapacity issues which arise while you are alive unlike a will.  The purpose of a will is to pass your assets upon death.  The second feature of a Living Trust is passing your assets upon your death to your loved ones without a court process (if you set them up properly).  When one creates a Living Trust, they fund the living trust by re-titling their assets such as their home and other assets into their Living Trust’s Name (i.e. Robertson Living Trust).  Similar to the way, your bank account is titled “Sean Robertson”, your new estate plan will title your assets “Robertson Living Trust”, which means that your assets are owned by your living trust.  You have complete power to determine what you desire to do with your assets similar to your assets being in your personal name.  The benefit of this asset restructuring is to avoid probate court and to have your assets work as your intended goals upon your death or incapacity.

The third benefit of a Living Trust is beneficiary creditor protection.  Beneficiary creditor protection is a big deal because a Living Trust has spendthrift protection.  Spendthrift protection is protection against creditor’s claims such as divorcing spouses, business creditors, and many other creditors.  A Living Trust does not provide the person that set up the Living Trust with asset protection unlike many people’s beliefs.  For example, a beneficiary that receives an inheritance that is going through a divorce proceeding has the benefit of their inheritance being classified as non-marital property.  Non-marital property means that the asset that they own is not subject to any marital claims by a divorcing spouse unless both spouses commingled their inheritance with the marital assets.  Effective estate planning counsel helps restricts your beneficiaries desire to commingle their assets.  Writing an effective estate plan will instruct your beneficiaries that your intention is to maintain their inheritance as separate marital property as non-marital property.

In conclusion, estate planning is critical for former married people especially if you want to or get re-married.  Blended families often times have estate conflicts that results in hundreds of thousands of dollars in legal fees and costs.  More importantly, families are divided and paying attorneys versus benefiting from your inheritance.

Sean Robertson is an estate planning and asset protection attorney based in Joliet and Naperville, Illinois.  Sean Robertson is experienced at divorce and family law, estate planning and asset protection, and business law.  Sean Robertson concentrates his practice in complex divorce, estate, and asset protection matters.  However, Robertson Law Group, LLC has other associate attorneys that handle simple to moderate divorce and family law issues such as uncontested and contested divorce proceedings at a cost-effective price.

Sean Robertson may be reached at either 815-582-4990 or 630-780-1034.  The website is www.RobertsonLawGroup.com.  Our Joliet address is 1000 Essington Road, Joliet, Illinois 60435 and our Naperville address is 2135 City Gate Lane, Suite 300, Naperville, Illinois 60563.

 

What is the difference between temporary and permanent spousal maintenance?

One of the biggest concerns that arises when going through the divorce process is spousal maintenance. Particularly, individuals want to know how much they will have to pay to their spouse and how long they will continue to have to pay spousal maintenance. When starting the divorce process, it is important to know what your options are if you are seeking support, as well as understand what your obligations may be if you believe you will be paying spousal maintenance.

The first type of spousal maintenance that can come into play in a divorce action is temporary maintenance. Temporary maintenance is typically asked for as soon as the Petition for Dissolution of Marriage is filed. This is done by filing a Petition for Temporary Maintenance with the court. This type of maintenance will last only while the divorce is pending, and will either be eliminated or replaced once the final judgment is entered. The court will evaluate whether temporary maintenance is necessary by looking at the same statutory factors that are used to award permanent spousal maintenance. These factors include:

-  The income, property, and earning ability of each spouse;

-  The expenses of each spouse;

-  Any difficulties for the spouse to earn income, such as a lack of education;

-  The length of the marriage;

-  The standard of living enjoyed by the parties during the marriage;

-  The age and physical condition of each spouse;

-  Any valid agreement between the parties,

-  Any contribution the spouse seeking maintenance has made to the other spouse’s education or career potential;

-  Any tax consequences that each spouse may incur due to dividing property; and

-  The time it may take for a spouse to gain training or education in order to support themselves.

 

The court can also decide to award a spouse rehabilitative spousal maintenance. This type of maintenance will only last for a specific period of time. A court will typically award this type of maintenance in order to support a spouse while he or she receives training or education in order to re-enter the working world. Once the spouse is able to support themselves with this additional training or education, the maintenance will end.

Permanent spousal maintenance is awarded by the court by evaluating all of the factors that are discussed above. Permanent maintenance is typically paid periodically on a schedule determined by the court. This type of maintenance will continue until one of the following:

-The death of either party;

-The party receiving maintenance remarries; or

-The party receiving maintenance begins living with another person on a resident,   continuing conjugal basis.

When going through a divorce, it is important to have an experienced attorney advocating for your rights and best interests. Whether it is seeking the maintenance you need to support yourself after divorce, or ensuring that the amount of maintenance you pay is fair and reasonable, Robertson Law Group, LLC has the experience to help guide you through this difficult time.

We have three convenient locations to serve you, Joliet and Naperville. Call us at (815) 582-4990 or 630-780-1034 to schedule an appointment today. Check out our website at www.RobertsonLawGroup.com.  Robertson Law Group, LLC assists individuals out with regards to estate planning, asset protection, and spousal maintenance issues in the counties of Will and Dupage Counties.

Sean Robertson is Managing Partner of Robertson Law Group, LLC where he concentrates his practice in addressing family and divorce matters involving complex business, asset, and spousal maintenance matters.  Sean Robertson is experienced at handling matters representing physicians and doctors and representing spouses in matters against physicians where a substantial amount of assets are at stake.

What is a Parent’s Obligation in Illinois to Support Their Child After Age 18?

While most divorced parents realize they have an obligation to support their child until age 18 at a minimum, many are uncertain of what their responsibilities are to their child after he or she reaches legal age. Some child support orders provide an end date for when a parent’s child support obligation ends, but some do not. If a date is not provided, the parent is obligated to continue making payments until a court order is entered which specifically states that the parent’s support obligation has ended. Further, Illinois law requires that child support must be made until the child graduates from high school, or turns 19. Often times, the Child Custody Agreement or otherwise known as a “Parenting Agreement” will address the obligations of support beyond age 18 such as payment of college tuition and related expenses.  In many cases, the Child Custody Agreement will reserve the issue for the court to determine when the child is closer to age 18.

A child support obligation can end before a child turns 18 as well. A child may be considered emancipated and therefore not required to be financially supported in several situations. These situations include: if a child gets married, joins the military, the child gets a job and no longer needs support, or the child moves out and wishes to be considered independent. A parent must continue to make child support payments even if the child drops out of school, receives government aid, or has a baby.

One of the biggest questions a divorced parent faces is whether or not they are required to pay for their child’s college education. There are two situations in which a parent will be responsible for their child’s college expenses. The first situation occurs if both spouses agreed in their Marriage Settlement Agreement that the parent paying child support would also contribute to the child’s education. A Marriage Settlement Agreement can be thought of as a contract between spouses, and can include whatever provisions the spouses agree upon, provided that the court finds the Agreement reasonable. Once it is in the Marriage Settlement Agreement, both spouses are required to follow the terms of the document, unless the court orders a provision is unfair or inapplicable at a later time. The second situation in which a parent may be required to pay for college expenses is where the judge finds it necessary. The amount of support a parent will be obligated to pay is not factored by specific guidelines as child support is. Rather, a parent’s income and expenses will be considered to see what a parent could reasonably contribute considering their personal financial situation. A parent may be required to contribute to application fees, room and board, tuition, transportation, books, living expenses, and medical fees. A parent’s obligation to support their child’s education does not apply solely to college, but can apply to expenses a child incurs by attending a trade school or training program as well.

Even if a child does not attend college or other post-secondary education, a parent may be obligated to pay child support after the child reaches 18 if the child is disabled mentally or physically, or if the child is not yet 19 and still in high school. Each parent’s obligation to pay child support after the child reaches legal age can differ greatly depending on the parent’s personal situation. It is important to work with an attorney who has experience and knowledge in this area. With an attorney’s help, one can find the best solution for their child and themselves.

Robertson Law Group, LLC is a boutique law firm based in Joliet and Naperville, Illinois which helps parents with pursuing and defending against Child Support and Support after age 18 for parents.  Robertson Law Group, LLC may be reached at either 630-780-1034 (Naperville Office) or 8150-582-4990 (Joliet Office).  Robertson Law Group, LLC practices in the counties of Will, Dupage, Grundy, Kane, Cook, and Kendall Counties.  Robertson Law Group, LLC has two (2) offices:  one in Naperville and one in Joliet, Illinois.

 

 

Petition for Rule to Show Cause

What happens if my ex-spouse stops paying child support or is not honoring our marital settlement agreement or child custody agreement?

If your ex-spouse is not following the orders set out in your custody or marital settlement agreement, you have the ability to hold your ex-spouse responsible. This is done by filing a  Petition for Rule to Show Cause. A Petition for Rule to Show Cause can be filed when your ex-spouse fails to follow an order given by the court. When you file a Petition for Rule to Show Cause, you are telling the court that you have tried, but have been unable to get your ex-spouse to comply with what he or she was ordered to do. The petition asks the court to order your ex-spouse to appear before the judge and explain why the ex-spouse has not been following what the court has previously ordered he or she to do.

In summary, a Petition for Rule to Show Cause is a legal device to force another party to do or refrain from doing so as required by the marital settlement agreement, child custody agreement (or parenting agreement), or judgment for dissolution of marriage or a temporary court order.  A Petition for Rule to Show Cause also can cause your ex or ex-spouse to pay your legal bills and costs related to filing a Petition for Rule to Show Cause.

An experienced family law attorney can help you ensure that your rights are protected before and after a divorce. Sean Robertson may be reached at 815-582-4990 (Joliet) or 630-800-2033 (Naperville).  Please check out our blog at www.JolietFamilyLawFirm.com.  Our Naperville location is at 2135 City Gate Ln #300 Naperville, IL 60563 (immediately off of Highway 88 and Route 59) and the Joliet location is at 1000 Essington Road, Joliet, Illinois 60435.

Sean Robertson and Robertson Law Group, LLC focuses its’ law practice primarily on the counties of Will and Dupage Counties.

Frequently Asked Questions about the Divorce Process

 What is the process once you have been served a Petition for Dissolution of Marriage?

Once your spouse has served you with a Notice and a Petition for Dissolution of Marriage, you have 30 days to file an Answer and Appearance. An Answer is a response to the allegations that your spouse has made regarding the current state of your marriage in their Petition for Dissolution of Marriage. Once an Answer has been filed with the court in which your spouse has filed their Petition for Dissolution of Marriage, you and your spouse will be given a hearing date to discuss preliminary matters.

If you choose not to file an Answer to your spouse’s Petition for Dissolution of Marriage within 30 days of being served, the court may enter a default judgment against you. A default judgment will allow the court to continue with the case and dissolve your marriage without your voice being heard.

 

When is alimony or spousal maintenance appropriate?

Alimony is commonly referred to as “spousal maintenance” or “maintenance” in Illinois. This is a payment that one spouse makes to their ex-spouse so that they can support themselves after a divorce is finalized. Alimony or spousal maintenance is not awarded in every divorce. The court analyzes both parties as they lived during the marriage, as well as how they are likely to live after the divorce. The factors the court uses include:

  • The parties’ income,
  • The parties’ asset;
  • The earning capacity of each party;
  • Whether the party asking for spousal maintenance did not pursue education, training, employment, or other opportunities in order to take care of domestic duties;
  • The parties’ age and health;
  • The standard of living that the parties’ created during their marriage; and
  • The time it will likely take the spouse seeking maintenance to find employment.

The court can choose whether spousal maintenance will last throughout the spouse’s lifetime, or if it will only be temporary. Each case is different and the court will make its decision according to the unique situation of each marriage.

 

How does one party get temporary custody and temporary child support started as quickly as possible?

After a Petition for Dissolution of Marriage has been filed with the court, either party to the divorce can request temporary child custody and temporary child support. This is done by filing a Petition for Temporary Child Custody. When determining whether to grant a party temporary custody, the court will use the same factors it will use to determine child custody once the divorce becomes final. In Illinois, the courts will always base their determination on the best interests of the child. The factors the courts will consider include:

  • The wishes of the parents;
  • The wishes of the child depending on their age, maturity, and education level;
  • The child’s relationship with the parents, siblings, and other significant people in the child’s life;
  • The child’s adjustment to their home, school, and community;
  • The mental and physical health of both parents;
  • Any past or ongoing violence by a parent against the other parent or child;
  • Whether one parent is a sex offender;
  • If a parent is a member of the military, the courts will look at the terms of that parent’s military family care plan; and
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

Regardless of the court’s decision, a Temporary Child Custody Order will not stop either party from seeking permanent custody. Temporary child custody is just that, temporary. The court’s decision will typically last until the court issues a different order for temporary custody, the court sets a specific date where temporary custody will end, or when the divorce is finalized. Either party to a divorce may file a Petition to Change a Temporary Child Custody Order at any time.

To receive temporary child support, a Petition for Temporary Child Support must be filed with the court. The court will determine how much child support is needed using the factors set forth in 750 ILCS 5/505. However, the amount of child support awarded in response to a Petition for Temporary Child Support can be changed in the final divorce judgment or otherwise known as judgment of dissolution of marriage. An attorney will be able to get this process started quickly and answer any questions you may have regarding this difficult process. Sean Robertson’s experience in family law will help guide you to make the best decision for you and your child.

 
What is a joint parenting agreement?

A joint parenting agreement is an important document for divorcing parties with children.  This document needs to be completed when parties are seeking joint custody of their children. A joint parenting agreement is a document that both parties will agree upon. This agreement specifically states each parent’s responsibilities in regard to caring for the children. In particular, the joint parenting agreement will explain in detail how the parents will make important decisions regarding the children’s education, health care, and religious education. It must also state how any problems or disputes between the parties will be handled.  The joint parenting agreement also determines child support. Once the parties have agreed upon a joint parenting agreement, the parties will have to submit their proposed joint parenting agreement to the court for approval.

How does a court determine who gets child custody?

Child custody is determined in Illinois by the best interests of the child. The best interests of the child are several statutory factors the court uses to determine which parent will have custody of the child. These factors include:

  • The wishes of the parents;
  • The wishes of the child depending on their age, maturity, and education level;
  • The child’s relationship with the parents, siblings, and other significant people in the child’s life;
  • The child’s adjustment to their home, school, and community;
  • The mental and physical health of both parents;
  • Any past or ongoing violence by a parent against the other parent or child;
  • Whether one parent is a sex offender;
  • If a parent is a member of the military, the courts will look at the terms of that parent’s military family care plan; and
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

While the courts can also consider other reasons relating to the parent/child relationship to award custody to one parent over another, the best interest factors reign supreme in determining custody.

What are each parent’s rights with respect to child visitation?

For married and non-married persons, this answer varies.  First for non-married parents, the father and mother must first establish paternity.  Paternity is a legal requirement that answers the question whether the child or children in question are legally your child or children.  To establish paternity, a mother or father must first draft a Petition for Parentage.  In this Petition, the Petition alleges that a father or mother is the natural or adopted parent of a child or children.  Often times, this Parentage Petition will request the court to order one party to submit to DNA test to determine whether the child is legally the mothers or the father’s child or children.  After parentage is established, the non-married parent will be required to pay child support and have a right to child visitation.

Married and Non-Married Persons   

Illinois courts and in particular, the Will County and Dupage County courthouse want both parents to be active in the child or children’s life as long as it is in the best interest of the child or children.  The parties often times agree and sometimes reluctantly to a temporary visitation schedule which is ordered in a court order.  A temporary visitation schedule sets a time where the mother or father has the right to visit the child or children with or without supervision.  A temporary visitation order is only temporary just to encourage that the child or children have the right to start seeing their child or children.  Generally, one parent has a right to visit the child every other weekend beginning at 5 or 6 p.m. on Friday to Sunday at 6 p.m. (or as negotiated).  Obviously, this schedule may not be possible for many parents due to their work schedule.

Child visitation issues are fact specific and you should an attorney to give you legal advice based upon your particular factors.  In conclusion, a co-parenting agreement or parenting agreement or custody agreement is a final agreement that describes your rights with respect to child custody and visitation proceedings.

Why hire an attorney versus handling a divorce pro se?

If you decide not to hire an attorney, you will be handling the divorce “pro se.” “Pro se” means that you are a party to the case, but you are representing yourself rather than being represented by a lawyer. While some people choose this option over hiring an attorney, it is often difficult to fully understand your rights and obligations without the help of an experienced family law attorney.

Going through a divorce can be an extremely difficult and time consuming process. An attorney will be able to help you understand what needs to be done to protect your rights, assets, and children. Hiring an attorney will help lessen the stress of divorce. Knowing that your attorney is taking care of paperwork, following the necessary deadlines, and protecting your interests will allow you to focus on what you need to do for yourself and your family.  An experienced divorce attorney knows the divorce process and can help move it along as efficiently as possible.

What is the difference between a contested and uncontested divorce?

An uncontested divorce occurs when both parties are willing and able to reach an agreement on issues such as child custody, child support, spousal maintenance, and property division. A contested divorce occurs when the parties cannot reach an agreement on one or more issues regarding the dissolution of their marriage. It is important that you fully understand all of the implications of a contested and uncontested divorce. An attorney will be able to help guide you through all the challenges that come with divorce.

How do most attorney’s charge?

The cost of hiring an attorney for a divorce can vary depending on the client’s individual situation and the attorney himself or herself. The best way to determine the cost of attorney representation in a divorce is by attending an initial consultation with an attorney you are interested in. However, it is common for divorce attorneys to ask for a $2,500 retainer with fees becoming billable by each hour the attorney spends on your case once the retainer has been used up. In addition to attorney fees, there is also a filing fee and court costs that vary in each county. Please call Robertson Law Group, LLC at (815) 582-4990 (Joliet) or 630-800-2033 (Naperville) if you are interested in setting up an initial consultation regarding your specific case.  Please check out our blog at www.JolietFamilyLawFirm.com.  Our Naperville location is at 2135 City Gate Ln #300 Naperville, IL 60563 (immediately off of Highway 88 and Route 59) and the Joliet location is at 1000 Essington Road, Joliet, Illinois 60435.
Sean Robertson and Robertson Law Group, LLC focuses its’ law practice primarily on the counties of Will and Dupage Counties.

UNCONTESTED DIVORCE DUPAGE AND WILL COUNTY

A uncontested divorce is a divorce where all the issues of the divorce have been resolved such as the following:

* Issues of Debt, Property and Asset Allocation (for each party), Child Visitation, Custody (Joint vs. Sole), Child Support, Summer Vacations, Holiday Visitation, & many other topics

* Whether maintenance or otherwise known as “alimony” is required or waived

Simply put, an uncontested divorce generally will have a parenting agreement or otherwise known as a “Joint Parenting Agreement”, which is how the parents will raise the child or children along with the financial understandings of each parent. Furthermore, a marital settlement agreement is a settlement agreement between husband and wife that spells out how the key terms of the marriage will be resolved such as property, debt, maintenance/alimony, and many other issues.

Divorce Process

A divorce cases generally begin when the Petitioner (one spouse) files a Petition for Dissolution of Marriage in the Circuit Court such as the Circuit Court of Will County or Circuit Court of Dupage County. The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 4/401, et Seq. is Illinois’s Statute for key issues involving family and marriage. After the Petition for Dissolution of Marriage has been filed in the appropriate Circuit Court, a Summons is required. A Summons is a way of notifying the Respondent or Spouse that the other spouse has petitioned the court for a divorce. The Petition for Dissolution of Marriage generally deals with the following issues:

* The County and Place where the Marriage took place along with the date of marriage (i.e. Joliet, Will County or Naperville, Dupage County)

* The spouses are residents of Illinois and they have been residents of Illinois for greater than 90 days and they reside in the county where the Petition for Dissolution of Marriage is filed

* Proposes how support, child custody, and whether maintenance or otherwise known as alimony or spousal support is being sought

* Whether a divorce or custody proceeding is ongoing in a different county or State

* Grounds for Divorce such as irreconcilable differences or mental cruelty

* How long the parties have been separated. Illinois law requires a six (6) month separation period before the divorce can be finalized

* Relief sought such as that the marital settlement agreement and the parenting agreement be incorporated into the Judgment for Dissolution of Marriage (Will and Dupage County)

The purpose of a Marital Settlement Agreement is to spell out the terms of the dissolution of marriage such as how property will be split, retirement benefits will be split, who is responsible for attorney’s fees, how child support will be handled, grounds for dissolution of marriage, and whether maintenance is being waived or awarded. Finally, there will be provisions that state that

the marital settlement agreement (“MSA”) cannot be modified without the parties consent and both sides are entering into the “MSA” voluntarily and have the benefit of counsel or the opportunity to have the MSA reviewed.

The purpose of the Child Custody Agreement or otherwise known as the “Parenting Agreement” or “Joint Parenting Agreement” is to spell out how child visitation and custody issues will be resolved. Key issues addressed in a Joint Parenting Agreement are the following:

* How and When Child Visitation will take place such as every other weekend beginning on Friday at 6 p.m. to Sunday at 6 p.m.

* How Holidays, Summer Vacations, International Travel, Child Support & Extracurricular Expenditures will be split, and Spring Break and Vacations will be resolved

* Often times, extracurricular expenses, day care expenses, going back to school expenses (books, clothes, etc.) will be handled, college education, and other issues will be handled

* What the process will be in case one party wants to clarify an issue or Petition the court for whatever reason. Most MSA’s have a mediation requirement

* How Each parent will notify the other parent of upcoming vacations (especially during the summer and by when (May 15)), what is required if one party wants to travel internationally with the children, or many other issues

* How Child Support will be handled and issues such as whether annual tax returns are required to be mailed to the ex-spouse (to see whether a change in child support is required)

These are just a few issues that are addressed in a Joint Parenting Agreement. Legal representation involving an attorney is crucial because a well-written marital settlement agreement or joint parenting agreement is essential because these documents will be continuously referenced throughout your life. Many people do not understand that a marital settlement agreement or joint parenting agreement can costs you hundreds of thousands of dollars over a child’s lifetime (through college at least) and more importantly, prohibit or give you the ability to spend quality time with your child. Many people under estimate the importance of these documents until they must reference the documents when a dispute arises.

Sean Robertson is a family and divorce attorney and principal of Robertson Law Group, LLC. Please check out our other blog articles related to family and child custody matters at http://www.JolietFamilyLawFirm.com.

Sean Robertson has over nine (9) years of legal experience as an attorney and counselor of law. Sean Robertson graduated from DePaul University College of Law and University of Illinois at Urbana-Champaign. Sean Robertson primarily practices in the counties of Dupage and Will Counties.

Our Naperville location is at 2135 City Gate Ln #300 Naperville, IL 60563 (immediately off of Highway 88 and Route 59) and the Joliet location is at 1000 Essington Road, Joliet, Illinois 60435. Phone: 630-800-2033 ( Naperville) or 815-582-4990 (Joliet).

 

PRE-TRIAL CONFERENCE IN DIVORCE AND CHILD CUSTODY CASES

In many cases in Dupage and Will Counties, a pre-trial conference is required after a case has reached a certain point. The purpose of a pre-trial conference is to produce a settlement if at all possible. Generally, a pre-trial conference will involve the attorneys that will inform the Judge of their client’s facts and position and the other side will be afforded the same opportunity. In most cases, a pre-trial memorandum is required prior to the pre-trial conference to explain the relevant issues to the Judge.

It is possible that a Judge could have two (2) or more pre-trial conferences if that helps resolve the case. In many cases, the Judge will let you know how they would rule or encourage both sides to settle. On many occasions, the Judge has a way of pressuring both sides of a divorce to settle a matter.

The types of matters that get discussed in a pre-trial can vary but often times, they are the important issues such as the following:

–Child Visitation and Child Custody Issues such as sole versus joint custody and times of child visitation;

–Issues of child removal outside the State of Illinois or the proportionate share of extracurricular, daycare, and educational expenses;

–Issues of whether college education will be required of each parent and what the appropriate percentages would be;

–Issues of whether temporary maintenance (formerly known as alimony) or permanent maintenance makes sense;

–Recommendations regarding property disputes, tax and debt concerns, and allocation of assets;

In many cases, a pre-trial conference is helpful to resolve one or two issues that the parties cannot resolve on their own. The pre-trial conference is a good legal mechanism to help resolve contested divorce or child custody cases that are having difficulty being resolved on their own.

 

Sean Robertson is a family and divorce attorney and principal of Robertson Law Group, LLC. Please check out our other blog articles related to family and child custody matters at http://www.JolietFamilyLawFirm.com.

Sean Robertson has over nine (9) years of legal experience as an attorney and counselor of law. Sean Robertson graduated from DePaul University College of Law and University of Illinois at Urbana-Champaign. Sean Robertson primarily practices in the counties of Dupage and Will Counties.

Our Naperville location is at 2135 City Gate Ln #300 Naperville, IL 60563 (immediately off of Highway 88 and Route 59) and the Joliet location is at 1000 Essington Road, Joliet, Illinois 60435. Phone: 630-800-2033 ( Naperville) or 815-582-4990 (Joliet).