Family Law Attorney Normal IL – Law Firm of Koth Gregory & Nieminski – 420 North Main Street – Call 309-828-5090
The decision to end a marriage can be a very difficult one that leads to stress and family conflicts. In order to make the experience as manageable as possible, it’s beneficial to learn some basic information about the divorce process in the state of Illinois and how the services of a Family Law Attorney Normal IL are so essential. Some of the misconceptions about divorce and some of the rules to take note of include:
-Divorcing spouses should not use the same divorce lawyer. Even if this was allowable and you are still on pleasant terms with your partner, it is not a wise plan. After all, people who choose to divorce have opposing interests. If your partner already has a divorce lawyer and you choose to follow their lead and do not hire a lawyer on your own you should be aware they are not looking out for your interests. This would present an unethical situation.
Family Law Attorney Normal IL
-An annulment is rare. There are only a handful of particular circumstances that qualify for the annulment process. For example, if someone is deceived or forced into a marriage or in the event the marriage was not legal to start with. Ask your Family Law Attorney Normal IL can answer questions you may have about annulment.
-File for a divorce locally. To file a petition for a divorce, you must do so within the county you live in. In order to obtain a divorce in Illinois, one spouse must have resided in the state for 90 days at least.
-Fault is typically not a major factor. If your partner had an extramarital affair that caused the marriage to end it would not be a consideration in determining matters such as child custody or dividing property and assets.
-Children do not provide input with respect to custody. If they are in their teens, a judge might request their opinion but may not necessarily follow it. Child custody is dependent upon the children’s best interests, which the judge determines if parents are not able to reach an agreement.
-You may negotiate and then sign a marital settlement. A lot of divorces conclude with what is known as a marital settlement agreement. (The judge must approve it.) In this type of document, spouses reach an agreement on spousal support, property division and who receives the house and other assets. The agreement should also address retirement and other savings plans.
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-A divorce is necessary to terminate a civil union. Civil unions are comparable to marriages when it comes to the divorce laws of Illinois. To that end, you’ll need a divorce to end your civil union.
-There is usually an hourly rate for the services of a Family Law Attorney Normal IL. This basically means that you’ll make an upfront payment to your lawyer – known as a retainer. The lawyer will deduct their hourly fees from that retainer as work on your divorce case proceeds.
-Place a priority on the best interests of the children if you plan to seek a divorce. Without a doubt, make it a point to hire the best Family Law Attorney Normal IL for your specific circumstances. Child custody is based upon what is best for the child and not on whether you’re the child’s mother or father.
-If you own or partially own a family business, speak to a lawyer with experience in those types of cases. When spouses own a business or if they started it during their marriage, specific issues are to be considered. Even if it was your spouse who founded the business while you were married, in many cases it is viewed as joint property.
Talk with a Family Law Attorney Normal IL at 309-828-5090.