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 Now is the time to get all the facts of the case.

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

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?

FILING IN COURT CLSP Cover Sheet Petition Certificate Summons Military Affidavit

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

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.

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

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

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

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

DOMESTIC VIOLENCE Procedure –When presenting at 555 West Harrison, file at 555. –When filing in conjunction with a divorce, case is filed in 802 –When filing at 555 W. Harrison, case will be transferred for the plenary hearing to any pre-existing case (either divorce or custody). –Emergency cases are usually heard the same day you file –Need court reporter (555 provides reporters) –Case will be continued for 21 days for service of process

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

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

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

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.