Divorce Lawyer Raiford Palmer Gives Seminar on Divorce Agreements

DuPage County divorce lawyer Raiford Palmer recently gave a presentation entitled "Drafting Pitfalls and Tips for Family Law Agreements" before the DuPage County Bar Association as part of a Continuing Legal Education Program for lawyers.  He discussed the common problems seen in divorce agreements, including mistakes in marital settlement agreements, joint parenting agreements, and premarital or prenuptial agreements.  Marital Settlement Agreements and Joint Parenting Agreements are the key documents incorporated into divorce judgments.  These divorce documents cover all key aspects of the lives of couples in divorce and their children.  Divorce lawyers need to use the utmost care in preparing and reviewing these divorce agreements.  A lot of post-divorce court action (what family lawyers call "post-decree litigation") occurs at least in part due to vague language or the failure of an agreement to resolve an issue.  If you are involved in a divorce, be sure you understand the terms of any marital settlement agreement or parenting agreement.  If you don't understand, ask your divorce lawyer to explain.  You will have to live with the agreements for years after your divorce.      

DuPage Divorce Law Q & A: What Happens When you Move Out of the House?

Property Rights:

If you have ownership rights to your home (a subject for later discussion), you don't give up your rights to ownership simply by moving out before or during a divorce case.  In the present economy, many people are choosing to live together even during divorce in order to save money.  If a spouse moves out temporarily or permanently, he or she does not give up any right to ownership they had to the home.  They may have an obligation to pay part or all of the bills related to the home (what divorce lawyers call "maintenance of a marital asset") but they do not give up whatever right they may have to part or all of the value (equity) in the home.   

Parenting Rights/Custody:

If, however, you have children and are the primary caregiver (let's be honest, in the majority of cases that is the mother), that person should not leave the home without the children.  The other party may claim that the primary caregiver abandoned the children, giving that party a potential advantage in a parenting/custody dispute.  In a situation where the parties cannot live together at all, obviously it is best if the primary caregiver remains in the home with the children to minimize disruption in their lives.  You may have your divorce lawyer bring a petition (a request to the court) for "exclusive possession" of the marital residence.  If the parties are fighting, etc., the Court may grant this Petition and require that one party leave the home and move out during the divorce case to help avoid conflict.  On the other hand, in this economic climate some judges are not granting these petitions except in extreme circumstances.  Facts of every case vary widely and you need advice for your own special situation.  

We can help.  If you need a DuPage divorce lawyer, call Sullivan Taylor & Gumina, P.C. at 630.665.7676.  Or, Contact Us via email.

DuPage Divorce Law Q & A: "What is a bench trial?"

A "bench trial" is a trial without a jury, with just you, your spouse, the Judge, and attorneys present.  (The Judge's clerk will also be there, and possibly a court reporter in some counties in Illinois divorce cases). You may also have other witnesses present to testify if needed.  Illinois divorce cases are tried without a jury.  Interestingly, juries were allowed for divorce cases up to 1976 in Illinois.  Believe it or not, most divorce trials are fairly boring to an observer, with large numbers of financial documents being discussed by attorneys and the parties, and examined by the Judge.  The dramatic TV and movie divorce trials are quite rare.  A very small percentage of divorce cases actually go to trial, most are settled by the parties.

If you need help with your DuPage divorce case, please call to schedule a consultation at 630.665.7676, or click here to contact us.