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Wheaton Divorce Obligations and Agreements Attorney

Law Firm Helping You Meet Your Obligations Prior to a Final Divorce Decree in DuPage County

West Chicago Pre Divorce Obligations Attorney

Divorce can be a lengthy process, and as spouses take all the steps necessary to dissolve their marriage, they need to know what to expect throughout the divorce process. As divorcing couples work to resolve issues such as the division of property, child support, allocation of parental responsibility, and spousal support/maintenance, they also need to be aware of the obligations they will need to meet, and they must abide by any agreements they have made.

Understanding Obligations During Divorce

After one spouse files a Petition for Dissolution of Marriage, the other spouse must file an appearance at the court where the divorce papers were filed and a response to the petition. If you have received notice that your spouse has filed for divorce, and you do not file an appearance and response to their petition within 30 days, the judge for your case can enter a default judgment against you and grant any of your spouse's requests for relief (including requests related to child custody, child support, and spousal maintenance).

After a petition for divorce and the response to that petition have both been filed, a stay will automatically go into effect prohibiting both spouses from committing any acts of abuse or harassment against each other or against either spouse's minor children. This stay also prohibits the spouses from refusing to let their minor children see the other parent.

Following the petition and response, the discovery phase of the divorce will begin. During discovery, both spouses must disclose their respective financial information to each other, including income, assets, and debts. If necessary, either spouse's attorney may use depositions, subpoenas, or interrogatories to uncover financial information, and both spouses are required to provide honest and complete answers to any requests for information.

If divorcing spouses have any children, they must submit a proposed parenting plan in court within 120 days after their petition for divorce was filed. If they are unable to agree on a parenting plan within this period, the judge may order them to attend mediation. They will be required to divide the costs of a mediator equally unless the judge decides that one party should pay a larger portion of these costs.

Temporary Court Orders

At any time before the final divorce decree or judgment has been entered into court, either spouse can petition the court for temporary relief. These petitions can include requests related to the division of marital property, child custody, child support, and spousal support/alimony. If any of these requests for temporary relief are granted, a court order will be issued, and both spouses must follow any court orders until the divorce has been finalized.

In addition to petitioning the court for relief, spouses can also make agreements with each other on how to handle matters such as living arrangements, visitation, removal of property from the marital home, and the payment of expenses. These agreements can also be included in court orders, after which both spouses will be obligated to follow them until the final divorce decree or judgment has been entered.

Understanding Divorce Obligations in Glen Ellyn

Whether you are looking into your options for divorce or are in the midst of the divorce process, you need a legal advocate on your side who can help you understand your obligations and protect your rights. The divorce attorneys of Anderson and Associates, P.C. have over 30 years of experience providing legal counsel to our clients, and we will give you the tools you need to survive this difficult time. Contact a Wheaton divorce lawyer at 630-653-9400 to schedule an initial consultation.

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