Factors of a Contested Divorce in Will County

When partaking in a contested divorce, there are many things to consider. You may want to protect your interests, such as custody of a child or protection of assets. You may be wondering what the role of mediation and litigation in a divorce case. The best way to truly gain valuable information is by speaking with a lawyer. A knowledgeable attorney may be able to provide you with more detail about the factors of a contested divorce in Will County.

Protecting Child Custody Interests

When dealing with a contested divorce in Will County, you must take the time to understand the factors regarding the issue. The attorney is legally responsible for protecting the well-being and interests of the child throughout the divorce process. The attorney might conduct investigations or meet with the children and the parties involved in the situation. In a sense, the attorney is an arbitrator of the court on behalf of the children.

Child Representative

An attorney is appointed as a child representative or guardian ad litem. Different counties appoint the different roles. Will County usually appoints a guardian ad litem. Cook County may appoint a GAL or a child representative, depending on the age of the child. Sometimes, the parties cannot reach an agreement, even after a GAL or child representative is appointed. The court may order psychological testing on behalf of the children and the parents to identify resolution in their best interest.

Role of Mediation and Litigation

Every case is considered contested when it is violent. You can go to mediation when you are unable to resolve agreements regarding the children. If there are issues that require additional attention from the court, the court can get involved. Sometimes, litigation is recommended to help the parties reach an agreement about their children.

Mediation and litigation are seldom used for financial issues. The parties resolve those by agreement off the court’s radar. There is usually no court order that the parties attend mediation for financial issues. They are resolved by agreement. In terms of litigation, the parties talk about the financial issues and try to work them out. When that is not possible, the judge makes the decision. The parties can try pre-trial conferences to see if they can get a preview of the judge’s mindset, but ultimately the judge makes a decision that is final.

The judge’s decision is appealable if the parties are not happy with the decision. If you believe the judge made an error in law, you could appeal the case to up to the appellate court and ask the court to find that the judge got it wrong. You could also go up to the supreme court if you believe that the appellate court got it wrong. For more information, reach out to a divorce attorney to learn more about the factors surrounding a contested divorce in Will County.

Expectations of a Qualified Attorney

A good lawyer tells you what you need to hear and not what you want to hear. They meet with you and set realistic expectations. The lawyer may inform you about any legal remedies that might be available and helps them understand the cost-benefit analysis of pursuing all legal remedies.

A lawyer does not discourage people from pursuing all their rights and may even encourage them. They also help you recognize your other goals and plans for the future. Sometimes, people are caught up in the principle of a situation, but it does not make sense to spend thousands of dollars to chase hundreds. If you want to pursue that, you should make sure the return on investment is what you want. An attorney also takes on the responsibility of providing information on the factors in a Will County contested divorce.

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