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FAMILY LAW TRAINING

FAMILY LAW TRAINING . The Interview The Documents Case Assessment Filing in Court What happens after filing . THE INTERVIEW . Use the Interview Form Get all the information, even if it does not seem relevant. Ask the Why questions. If client’s story does not make sense, probe the story

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FAMILY LAW TRAINING

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  1. FAMILY LAW TRAINING • The Interview • The Documents • Case Assessment • Filing in Court • What happens after filing

  2. THE INTERVIEW • Use the Interview Form • Get all the information, even if it does not seem relevant. • Ask the Why questions. • If client’s story does not make sense, probe the story • Now is the time to get all the facts of the case.

  3. THE DOCUMENTS • Marriage Certificate • Birth Certificates of parties and children • Payroll stubs of parties • Past Tax Returns • Any prior/current court proceeding documents • Any other financial documents (mortgage note, pension documents, bank statements) • All marital and non-marital debt information

  4. CASE ASSESSMENT • In general, if the case seems bad at onset, it will only get worse. • What are the client’s goals? • Are those goals realistic? • What can we do to help client achieve her goals within confines of the law? • How sympathetic is our client’s case? • What are the negatives in our client’s case?

  5. FILING IN COURT • CLSP • Cover Sheet • Petition • Certificate • Summons • Military Affidavit

  6. WHAT HAPPENS AFTER FILING • Sheriff takes (30) days to serve • Client should start filling out 13.3 • Get temporary motion ready to file • If adverse party works, send subpoena to place of employment. • Make sure client knows case status

  7. FINALIZING THE CASE • Once adverse party is served and (30) days have passed, set for default • Fill out Certificate of Default, take to Daley Center motion counter with court file. • Send copy of certificate and notice of motion (stating date/time/place of hearing) to adverse party • On default day, prove up case and enter judgment. • May need to transfer to a judge with a court reporter.

  8. DEFAULT PROCEDURE • You will need the following documents: • Judgment (original and 3 copies) • Court Reporter Sheet (original and 1 copy) • Uniform Order of Support (original and 3 copies) • Order for Free Transcript (original and 2 copies) • 28-Day Order (original and 1 copy) • Use the Prove Up Script • Don’t forget to file the Transcript • Send Respondent a copy of the Judgment

  9. BASIC CUSTODY ISSUES • Custody Disputes • All parties must attend Mediation and Focus on Children • If they fail to reach agreement, court may appoint attorney for children • If parties still cannot agree, court may order custody evaluations • Sole vs. Joint • Can’t have joint custody in a default • Requires that both parents cooperate

  10. CUSTODY ISSUES CONTINUED • Parenting Provisions • Set visitation schedule works best • Most judges will not accept “reasonable visitation” • Holiday visits take precedence over regular visitation • Summer and extended school break visits should be included • Visitation Issues • Visitation Inference can have adverse results • Unless a child is very ill, the visit should never be cancelled • If the visit is cancelled, make up visitation is a must. • Provide for telephone visitation

  11. DOMESTIC VIOLENCE • Factual Issues • Can be physical or emotional violence • Should be fairly recent, e.g. within the past 30 days • At interview, get a good picture of each incident • Four Documents • Petition for Order of Protection • Affidavit in Support of Order of Protection • Emergency Order of Protection • Summons

  12. DOMESTIC VIOLENCE • Procedure • Whether presenting at 28th N. Clark or in conjunction with a divorce, case is filed in 802 • Then proceed either to 28 N. Clark or to assigned divorce judge • Emergency cases are usually heard the same day you file • Need court reporter • Case will be continued for 21 days for service of process

  13. DOMESTIC VIOLENCE • Orders –Types • Emergency • Interim • Plenary • Relief • No strike/No harassment • Temporary possession/custody • Temporary child support

  14. PROPERTY ISSUES • Marital Property is anything acquired during the marriage: • Real estate • Improvements on real estate • Cars, bank accounts, marital portions of pension plans • Exceptions include: • Inheritance, unless that inheritance has been used to purchase marital property • Personal Injury awards

  15. PROPERTY ISSUES, cont. • Marital Property is generally split 50/50 • One party is not generally awarded a greater share because of the other party’s behavior • May be awarded a greater share if the other party has significant non-marital assets • Pensions • Divided by means of a Qualified Domestic Relations Order • Marital portion only is subject to division

  16. STATUTORY AUTHORITY • IMDMA • 50 ILCS 5/101 et seq. • IDVA • 750 ILCS 60/101 et seq. • PARENTAGE ACT • 750 ILCS 45/1.1 et seq. • UCCJEA • 750 ILCS 36/101 et seq. • UIFSA • 750 ILCS 22/101 et seq.

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