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Schaumburg Divorce Obligations Lawyer

Barrington Pre Divorce Attorney

Understanding Your Obligations and Agreements Prior to the Final Divorce Decree

When two people are married, their lives become intertwined at nearly every level. This means that if a couple decides to dissolve their marriage, the process of divorce can be lengthy and complicated. Conflicts over division of property, child custody, child support, and spousal maintenance (alimony) can arise, and even in the case of uncontested divorce, ironing out all the details can take some time.

During the period of time between when one party files for divorce and the final divorce decree, each party has certain obligations, and the spouses may be able to reach agreements on how to handle aspects of their divorce. If you are planning to dissolve your marriage, you should be sure you understand these obligations and what is required when you make any agreements.

Abiding By Obligations and Agreements

After a divorce has been initiated by one party (known as the petitioner), the other party (known as the respondent) has 30 days to file an appearance at the court where the petition was filed and a response to their spouse's Petition for Dissolution of Marriage. If the respondent does not file an appearance and response, the judge may make a default judgment and automatically grant any relief that the petitioner requested.

Following the petition and response, a stay will automatically be imposed on both parties prohibiting them from abusing or harassing the other party or either party's minor children and from withholding minor children from the other parent. The parties will also be required to disclose financial information to each other, including their respective incomes, assets, and debts.

Divorcing parents are required to submit a proposed parenting plan to the court within 120 days after the divorce case was filed. If the parents cannot agree on a parenting plan, the judge may order them to work with a mediator to reach an agreement, in which case they will need to schedule time with the mediator and split the costs of mediation (unless the judge orders otherwise).

Prior to the final divorce decree, either party can petition the court for temporary relief on matters such as property division, child support, allocation of parental responsibilities, and spousal maintenance. The parties may also make temporary agreements on issues such as who will live in the marital home; who will pay for rent, utilities, or childcare; parenting time schedules; and whether one party may remove certain property from the home. If the judge grants any requests for temporary relief or any of these agreements are made before the court, they will be included in a court order which the parties must follow until the final divorce decree is entered.

If one or both parties fail to comply with any court orders, they may be found in contempt of court. This can result in penalties including fines, being required to pay the other party's attorney's fees, changes in custody arrangements, and even jail time.

Helping You Understand Your Divorce Obligations

The divorce process is complicated, and whether you are considering divorce or are already involved in divorce proceedings, you need a skilled, knowledgeable attorney on your side to help you understand what is required of you and make sure your rights are protected. Anderson and Associates, P.C., we have been providing effective, compassionate legal counsel to clients for over 30 years, and we can put this experience to work for you to help you survive the divorce process. Contact a Schaumburg divorce lawyer at 847-995-9999 for a free consultation.

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