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DuPage County divorce attorneys, attorney feesMost divorcing spouses simply want the divorce to be over as soon as possible. Oftentimes a couple will work together to move the divorce forward and finalize the divorce. In some cases, however, a spouse may ask that the court award attorney’s fees to help cover the cost of the divorce.

While it is rare, it is possible that a court may decide to award one party attorney fees. This can be good news for a spouse if he or she does not have a significant amount of money and needs assistance funding his or her legal costs.

Can a Court Award Attorney’s Fees?

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DuPage County domestic violence lawyers, orders of protectionYou should not live in fear of another person. If you are divorcing or separating from your partner and he or she is harassing or abusing you, you may be able to request an order of protection to protect yourself from further harm.

An order of protection provides a set of rules detailing how an individual can interact with the individual who requested the order. It is against the law for the other person to violate the order. If you are living with abuse, you should not hesitate to contact an experienced attorney for help with your situation. 

Types of Orders of Protection

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Posted on in Family Law

DuPage County family law attorneys, bifurcated divorce judgmentIn an overwhelming majority of cases, divorces are handled in one long proceeding. However, there are rare circumstances in which a case may be settled in parts. Bifurcated judgments are handed down by a court when there are obstacles to a single judgment that may not be resolved in the time available. Illinois courts do consider them, but the stakes must be high.

When is Bifurcation Appropriate?

Bifurcation is permitted under 750 ILCS 401(b), and is generally granted when “appropriate circumstances” exist. While this is, understandably, a nebulous term, it has somewhat been clarified by Illinois case law. Several different court cases have created non-exhaustive lists, but the general rule of thumb is that bifurcation is on the proverbial table when one spouse has a reason to want proceedings concluded quickly, and the reason does not unduly inconvenience or prejudice their soon-to-be ex-spouse.

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Posted on in Mediation

DuPage County family law attorneys, Illinois divorce mediationVery few divorce cases are uncontested, where the divorcing couple agrees on all aspects of the split. In a contested divorce, the spouses have a couple of options when deciding how to resolve their issues. One option is to litigate the matters, but another viable option for divorcing spouses is through mediation

What is Mediation?

Mediation is a process where a neutral third party handles all of the issues in your divorce. You and your divorcing spouse sit down with a mediator and discuss the contentious issues in a private forum. Then, the mediator helps to craft a solution in which both parties are satisfied.

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Divorce can be messy, and some couples will stop at nothing to “get back at” one another for wrongs that have been done during a marriage. However, some actions that divorcing spouses undertake go beyond the bounds of the law, including intercepting private communications.

Under federal and Illinois law, wiretapping is illegal. When one spouse eavesdrops on the other’s conversations by tapping into their phone line, the guilty party can face jail time and hefty civil penalties. The spouse whose privacy rights have been violated can seek equitable relief, such as an injunction, declaratory relief, which affirms that what the other party has done is wrong, compensation for any economic damages suffered, and punitive damages which aim to make the responsible party hurt financially.

Privacy laws exist to protect individuals engaged in conversations, including phone calls. However, these laws have failed to keep up with the rapid advances in technology. Laughably, Illinois law still makes reference to telegraph lines. These arcane statutes have been stretched to apply to the rapidly evolving forms of communication that we use now, including emails, text messages, Facebook messages, and other social media.

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