Post Divorce Disputes

We are well skilled at presenting convincing evidence and making arguments to the court on all aspects of post-divorce disputes

Post-divorce disputes, commonly referred to as post-judgment or post-decree matters, include enforcement of divorce judgments and orders as well as modifications of those judgments. Enforcement actions may become necessary when a party is late playing support, creates problems with visitation, or does not fulfill a duty imposed by the court or agreed to in a settlement agreement. Modifications of child support and/or maintenance may become necessary if a party’s income changes or the needs of the other party or the children increase. When a court orders modifiable or reviewable maintenance in a Judgment for Dissolution of Marriage, at some point in the future the parties’ circumstances will be reviewed by the court to determine if additional maintenance is warranted. In other circumstances, whether authorized by a judgment or by a statute, termination of maintenance may be appropriate. Divorced parents may also seek court intervention to resolve issues regarding their respective contributions to the college expenses of their children. These types of post-decree financial disputes often require the same level of complex financial analysis and expertise as the pre-decree phase of the case. Schiller DuCanto & Fleck’s Illinois child support lawyers are well versed in these types of disputes and are effective at achieving the best results for clients in post-divorce litigation.

Other changes in circumstance that are addressed in post-judgment litigation are those situations in which a parent desires to change parenting time or parental responsibilities or to move with a child a substantial distance, otherwise known as “removal”. At times, these disputes are as complex as the original parenting disputes during the original divorce case. Post-decree parenting responsibility and parenting time modification cases can involve the appointment of a Child’s Representative and may even require a psychological evaluation of the family to determine what is in the best interests of the children. Schiller DuCanto & Fleck’s family law attorneys are experienced and effective in dealing with these very difficult and, at times, high stakes, post-divorce disputes. More important Schiller DuCanto & Fleck is well skilled at presenting convincing evidence and making arguments to the court on all aspects of post-divorce disputes. How well the message is delivered is of equal or greater importance than the substance of the message itself.

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Appeals

No matter how thorough the trial preparation and how skilled the Illinois divorce lawyer, at times a party in a high-stakes case is dissatisfied with the results and wants to appeal. Trial judges are not perfect and can make mistakes; at other times, one of the parties refuses to accept the trial court’s final decision.

Collaborative Divorce

Can serious marital conflict be resolved without the time and expense of litigation? Yes—divorce need not be a battleground. The end of a marriage or resolution of family conflict is painful enough. 

LGBTQ Representation

Marriages: Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage.

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