Depositions are a discovery tool used in some Illinois divorce cases to gather information and evidence before a trial. A deposition is considered out-of-court testimony where one party can ask another party or witness questions under oath and before a court reporter. The answers are recorded and, in limited circumstances, may be used in court if necessary. Depositions are a valuable tool for both sides of the case, as they allow parties to understand the other side’s case better and provide information that would have otherwise been difficult to obtain. 

Generally, depositions are used when one party cannot obtain information from the other party through other means. Today, we will discuss what is most important to know regarding divorce depositions in Illinois. If you are getting a divorce, consider contacting an experienced attorney who will fight to protect your rights as you proceed through the process.

What to Know About Divorce Depositions in Illinois

In a divorce case, depositions can be used to gather information about the parties’ finances, including their income, assets, and debts. This information may be crucial in determining a fair and equitable distribution of marital property and for determining spousal support or alimony. Depositions may also be used to gather information about any issues related to child custody, such as the parties’ schedules and parenting styles. 

In divorce cases involving children, a child custody evaluator may play a critical role in determining the best interests of children involved in custody disputes. They are typically court-appointed professionals with specialized training and experience in child psychology, family dynamics, and relevant laws. A child custody evaluator's main objective is to provide a recommendation to the court regarding what parenting arrangement will serve the child's best interests. 

Child custody can be an extremely contentious issue. If you are getting a divorce and are going through a complex or combative child custody dispute, working with an attorney who has dealt with child custody evaluators can make a positive difference in easing your stress and can provide you with guidance as you work through this important process. 

What Does the Child Evaluator Do?

The evaluator starts the process by conducting a thorough assessment of the family, including interviews with the parents, children, and other relevant individuals such as extended family members, teachers, and therapists. They will also review relevant documentation such as school and medical records and may observe parenting interactions to gain insight into each parent's relationship with the child. 

In recent years, electronic payments and cryptocurrency have become increasingly popular, changing how individuals manage their finances. As these new forms of payment and investments have become more widespread, it is important to understand how they can impact an Illinois divorce. 

The division of marital property by an Illinois court is determined by the “equitable distribution” doctrine. Equitable distribution is not necessarily an equal split but rather a fair and reasonable division in the court's eyes. Any assets that were purchased or otherwise obtained during the marriage are part of the marital estate, save for certain exceptions. All assets considered marital property must be divided between the divorcing spouses. This includes traditional assets such as bank accounts, real estate, and investments, but it also includes electronic payments and cryptocurrency. 

So, if a spouse purchased cryptocurrency sometime during the marriage, that spouse may be required to split the value of the cryptocurrency with their soon-to-be ex-spouse.  Similarly, income received in the form of electric payments or online payments is often considered a marital asset.

In Illinois divorce cases that involve children, few issues are more pressing and consequential than the allocation of parental responsibilities. Illinois courts generally assume that it is in the best interests of the children for both parents to stay involved in their children's lives. However, this is a rebuttable presumption. 

Parents must construct a written parenting plan that sets forth the responsibilities to be undertaken by each spouse regarding their children after the divorce is finalized. However, life has a funny way of throwing us curveballs when we least expect it. Combining that with children growing older and situations changing, it may become necessary to modify the parenting plan you created with your spouse during your divorce. 

This blog will look at situations that may signify it is time to modify your parenting plan to reflect your children's needs best. If you are interested in changing your parenting plan, do not hesitate to contact a knowledgeable divorce attorney who is well-versed in issues relating to children of divorced parents and the modification of parenting plans. 

A major concern within divorce cases that involve families with children is that divorce is widely known to have a significant impact on children, an impact that is rarely a positive one. As a result, issues related to child custody are navigated with the utmost seriousness, as many decisions made regarding child custody will, in all likelihood, play a major role in the development of the children involved. Many questions need to be answered when deciding which parent a child will live with once the divorce has been finalized. 

In Illinois, a court will determine the child's "best interests." Many factors go into making this decision, like the wishes of the parents, the needs and desires of the child, the physical and mental health of all the parties involved, and more. However, it is critical to state that just because a judge may listen to the wishes of the child does not mean the judge is obligated to fulfill the child's preferences. In this blog, we will look at how a child's wishes may or may not influence parenting time allocation and parental responsibilities in divorce and child custody cases. 

So, Can a Child Choose Which Parent to Live With?

The short answer is no; a child cannot simply choose which parent they will live with. The court understands that just because a child wants to live with a particular parent does not automatically mean that the child's wishes are in their own best interests. For instance, a child may be influenced to choose a parent who has promised them gifts or something of that nature. While the parent may be a great gift giver, this does not mean that living with that parent is in the child's best interest.