In this final part of our three-part series, we look at three more actions you should not undertake while your Illinois divorce case is pending.
Courts across the nation like to see divorcing spouses work together to settle their differences and come to an agreement regarding their issues. In fact, divorcing spouses or parents are free to enter into nearly any agreement they want regarding child custody, division of assets, or any other issue other than waiving child support obligations. These agreements are meaningless, however, if they are not put into writing and signed by both parties.
When you and your spouse reach an agreement about an issue in your divorce, you should immediately type up a document or have your attorney create a document that states the terms of the agreement in as much detail as possible. Once both of you and your attorneys, if applicable, have signed the agreement, the agreement should be presented to the court for adoption. Unless the agreement is patently unfair to one party or appears to be unconscionable or illegal to the court, the court will most likely adopt the agreement and enter appropriate orders.
Although this situation does not occur frequently, it can cause you a great deal of heartache if it is not addressed. If you are not the natural parent of your spouse’s children or have not established paternity, this must be established and determined if you intend to have any parental rights following the divorce. There are a number of ways to establish paternity, but they must be done before your divorce or paternity case concludes. You may find it difficult or impossible to attempt to establish paternity later if you had the opportunity to do so during your divorce case but chose not to.
Unless you and your spouse agree on every issue, which is rare, it is likely you will need a divorce attorney’s assistance in your case. An attorney ensures your rights are adequately protected and can help you advance your case quicker than if you represent yourself. Although no statistics are available, it is widely known that those litigants who retain the services of an experienced divorce law firm generally have better results in a divorce proceeding than those who represent themselves.
Arami Law is your DuPage County family law firm. We dedicate ourselves to educating our clients about what they can expect during their divorce proceedings and what things they should and should not do while their cases are pending. If you have a question or concerns about something you want to do or something your spouse has done, we can help you understand the significance, if any, that it has. Call us for help with your divorce at (212) 312-1399 or contact us online today.