(EMAILWIRE.COM, February 11, 2016 ) Chicago, IL -- What is involved in a divorce?
When someone files for divorce, it is essentially a civil lawsuit. As such, it will involve legal formalities such as a petition, service of process, responses to the initial petition, motions, orders, hearings, and finally a decree of divorce. While some people may think that getting a divorce is simple, in truth, it can be among the most complicated of all the civil suits due to the ongoing nature of the case, especially when young children are involved. It is best to consult
What does a divorce proceeding accomplish aside from simply ending the marriage?
A divorce proceeding will address such issues as whether one spouse should be awarded maintenance payments (also known as alimony) and, if so, how large they should be and how long the payments should last. While alimony payments used to be almost a given in a divorce proceeding due to the societal constraints that (often) prevented women from pursuing careers that were on par with a mans career, this is not the case anymore.
When considering alimony, the court will consider such things as the length of the marriage, whether one party sacrificed his or her ability to pursue or develop his or her career in order to contribute to the success of the other party, and the ability of each party to obtain suitable employment.
Alimony payments will vary from state to state and even from county to county, but the court will frequently use a formula involving the above (and other) criteria to reach an amount and duration of alimony payments.
A divorce proceeding will also address the equitable apportionment of property the couple acquired during the duration of the marriage. For example, if H and W are married for 20 years and during that time Hs 401(k) account grows significantly, the court may rule that W is entitled to a share of that, even if Ws name does not appear anywhere on the account. Likewise, if H purchases real property which increases in value during the marriage, the court may rule that W has an ownership interest therein even if Ws name does not appear on the deed. A Top Elgin Family law attorney can help you.
Of course divorce proceedings will also address things such as who will have residential custody of any minor children from the marriage, and whether one party should make child support payments (and if so, how much). This is not always as simple as the parties agreeing between themselves where the children will live or agreeing that there need be no child support: the court will consider these questions in light of the best interests of the child and as such, although parental agreements may be taken into consideration, they are not necessarily determinative. A child custody and child support Elgin divorce lawyer can advise you best.
Unlike many civil matters, the entry of a judgment does not end your involvement with the case. Once the divorce decree has been entered, there are still other matters which may come up and require your attention. For example, if there has been a material change in the circumstances of one of the parties, you may wish to return to the court to request an order changing the child support arrangement.
Why should you talk to a divorce lawyer?
Given all of the intricacies of a divorce proceeding, having a Kane County divorce lawyer who knows the law and knows the ins and outs of the process is a must. Parties who seek to represent themselves may unknowingly cost themselves money simply because they may not be aware of all of their rights.
For example, if H is unaware that the law gives him the right to a portion of Ws 401(k) which increased in value during the marriage, he may never ask for a special order from the court (in some states this is called a qualified domestic relations order) ordering the administrator of the retirement plan to disburse a portion of the funds to him. Because he never askedand because the courts will not take it upon themselves to advise pro se parties as to their rights and responsibilitiesin such a case H could cost himself significant amounts of money simply because he never knew about his right to a portion of the 401(k).
Further, especially when it comes to matters such as maintenance (alimony), child support, child visitation plans, and child custody, it simply makes sense to consult a seasoned attorney who can help you navigate the often complex domestic court system. At Doyen Law Group, LLC, we have been practicing family law for more than 20 years, our Elgin family law lawyers can help you. We have the knowledge and experience to assist you with even the most complex of domestic law issues. Call us today for help.
Doyen Law Group, LLC
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