Complex Divorce

How We Guide You Through Complicated Divorce Proceedings

A complex divorce involves attorneys on both sides and may have multiple processes and issues which must be addressed. After filing the initial pleadings, the attorneys typically exchange information, which normally includes financial documents such as tax returns and loss/profit statements, as well as non-financial documents like school records and medical records. If there is a dispute as to what information is to be shared and what information can remain confidential, a judge normally intervenes. When discovery is entirely or substantially complete, there is normally either an informal or formal settlement conference.

• An informal settlement basically entails a series of conferences between the attorneys and perhaps the parties as well. Sometimes these discussions are face-to-face, but more often they may occur by telephone or through an exchange of correspondence. Our attorneys are determined to keep you informed about your proceedings, and although they will give guidance and advice, you always have the final decision.
• Formal settlement negotiations are often done by way of a pre-trial conference between the two attorneys and the judge. In a pre-trial conference each attorney prepares a memorandum that is submitted to the judge prior to the conference. The pre-trial memorandums outline basic information regarding the marriage but, more importantly, each party’s position on the issues and how they believe the judge should rule on those issues. After taking into consideration the parties’ pre-trial memorandums and arguments of counsel, the court generally makes a recommendation for settlement.

If settlement negotiations are unsuccessful, a complex divorce proceeds to trial. To save time and money, the parties sometimes agree to narrow the issues, so the jury focuses only on two or three questions.

Resolving A Complex Divorce

During this entire process, there are two guiding principles that a judge looks to uphold. Therefore, during negotiations, the attorneys are focused on these ideals as well.

• Illinois law requires an equitable division of the marital estate, which is not necessarily the same thing as an equal division. Property must be strategically divided so that the divorce will not be an undue financial hardship on the either spouse.
• Custody disputes are always resolved based on the best interest of the children. A complex divorce often involves questions such as the children’s relationship and interaction with individuals who may significant affect them, factors relating to the parent’s circumstances, and any other factor the court finds relevant.

An experienced lawyer can uphold these principles and still protect your legal and financial interests.