Divorce Litigation

Divorce litigation is the process of bringing legal claims before a Judge and having the Judge make the final decisions about issues concerning a couple's children, their assets, and family support. There are circumstances where divorce litigation may be necessary, such as in cases of abuse, hiding of assets, and ignoring support and parenting responsibilities. Unlike negotiated divorce and the Collaborative Law Process, in which the parties themselves decide the outcome of their divorce, divorce litigation forces a Judge to determine an equitable divorce solution.

Litigation Processs:

• Petition and Service of Petition. The litigation process begins with one party filing a Petition for Dissolution of Marriage with the Clerk of the Circuit Court. Once the other party is properly served with a Petition for Dissolution, he or she has 30 days to either file an appearance on his or her own behalf (pro-se) or have an attorney file an appearance on the party's behalf.
• Discovery. Discovery is the legal process by which the parties seek to obtain information from one another. Typically, the information sought through discovery is financial information and information about children, parenting and each party's personal activities. Discovery is commenced by sending the other party written interrogatories (written questions), requests to produce relevant documents, and by issuing subpoenas (requests for information) to other people and institutions, such as financial institutions. Discovery can also include depositions (oral questions under oath). The discovery process can be time consuming and expensive, especially if one spouse refuses to co-operate and the Court must intervene.
• Pre-Trial. A pre-trial conference is typically a meeting with each party's attorney and the Judge in the Judge's chambers and without the parties present. Before a pre-trial conference, each party typically will submit a pre-trial memorandum to the Judge. The pre-trial memorandum will list the issues in dispute, each party's position and the legal authority supporting his or her position on the issues. At the pre-trial conference, the attorneys meet with the Judge without their clients present. The Judge typically makes recommendations regarding the issues in dispute. However, the Judge's recommendations are not binding on either party.
• Trial. If the parties are unable to reach a mutually agreeable settlement after the Judge has made his or her pre-trial recommendations, then they will proceed to trial. At trial, each party has the opportunity to present evidence, under oath, in support of his or her position. At the end of the trial, if the parties still have not reached an agreement, the Judge will decide the outcome on all of the issues in dispute.
  
  There are many viable alternatives that do not produce the same level of conflict within the family. We view litigation as a last option. However, Lyn C. Conniff Law Offices has represented numerous clients in the litigation process and has the experience and skill to advocate for you in Court.

Lyn C. Conniff Law Offices represents clients within and throughout Chicago. Our Oak Park office typically serves Chicago's western suburban communities, such as Oak Park, River Forest, Hinsdale, Riverside, Brookfield, Oak Brook, Elmhurst, Naperville, and Schaumburg. Our Chicago office has typically served clients from the north side of Chicago, as well as the northern suburbs of Evanston, Skokie, Wilmette, Glenview, Kenilworth, and Winnetka, and the southern suburbs including Flossmoor, Olympia Fields, and Palos Heights. Contact us for a consultation.