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FAQs to Ask a Divorce Lawyer
What is the difference between a divorce and an annulment?
A. A divorce differs from an annulment in the respect that an
annullment, if granted, erases the fact the couple was ever
married. A divorce, however, stays on record. It is very difficult
to get an annulment, though. If you are considering having your
marriage annulled, you should ask an attorney if you meet the
criteria.
What is the difference between being divorced and being legally separated?
A. A divorce is a complete dissolution of marriage; a legal separation is an action that married couples may elect in the event that they do not wish to live together, but are not sure that they wish to be divorced. Legal separation offers protection to an individual in the event that their spouse incurs debt and offers additional protection concerning custody, child support and tax liability.
How long does the divorce process take?
A. If uncontested, a divorce can be finalized in as little as a few weeks. If the divorce is contested, however, it could take 4-6 months at the very least, and can last up to a year or longer.
What is an uncontested divorce?
A. An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.
How does the court determine child support?
A. Child support guidelines vary from State to State. Most States generate a calculation by using the income of each party (either Gross or Net), the amount of child daycare paid by each party, and the amount of Medical/Dental Insurance paid by each party to determine a figure. Please speak to an attorney to find out what your State Child Support Guidelines are.
Can a prenuptial agreement affect whether or not I can get custody of my children?
A. Although a prenuptial agreement may include provisions for child custody and support, the decision is still up to the court. The court may change the provisions regarding these isssues as they see fit.
What can a Divorce Lawyer do for me?
A. Even simple divorces require many documents, and may require at least one appearance before the judge. The lawyer is responsible to help you through that process. It is the lawyer's role to give you up-to-date information on laws involving children, support, and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and will minimize future problems. If a divorce agreement cannot be reached with your spouse, the lawyer will represent you at court appearances.
What does a divorce cost?
A. Costs and fees for a divorce can vary greatly.
The cost of a divorce usually varies from lawyer to lawyer. Simple
divorces that do not take a large amount of time or involves
the separation of assets may not be as expensive compared to
drawn out divorces involving legal hassles.
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Terms of any court decree of annulment, dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident...
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Illinois marital separation and divorce can be two of the
most difficult events in an adult’s life. This event
causes traumatic emotional turmoil. Divorce attorneys in
Illinois can help alleviate the financial stress of divorce.
Superior Court judges in California may not always have
a legal background in family law.
In California Superior Court Judges rotated shifts and sometimes
their background are not In family law. This is a reason
for knowledge of a California divorce lawyer to help present
your divorce case before the judge.
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FAQs to Ask a Divorce Lawyer
