The Basics: Common Questions When First Considering Divorce

 Posted on April 15, 2014 in Divorce

Divorce is challenging; there is no doubt about it. What can make it even more difficult is when you or your divorcing spouse relies on false or incomplete information. Below are some common questions and answers relating to divorce proceedings in Illinois.

 Do We Have to Go to Court to Get Divorced? It is certainly true that some divorce cases end up before a judge, but that doesn’t have to be the case. A majority of divorcing spouses never see the inside of a courtroom. Divorcing couples can save the expense of a costly court battle by negotiating the terms of the divorce themselves, including such matters as division of marital property and spousal support. Where couples disagree--even contentiously--other skilled professionals may help resolve the issues. For example, many couples rely on a trained mediator to facilitate discussion and reach a resolution. In all instances, it is wise to have an attorney who can inform you of your rights and guide you through the process.  If I Move Out, Will I Lose My Rights to Our House? You will not lose your ownership rights in the family home if you are the party to first move out when you separate. What will happen to the house and how ownership will be divided will be determined during the divorce proceeding. The decision to separate, however, may have other legal consequences and it is vital that you talk to a skilled attorney when making such a decision.  What If Our Assets Are All In My Spouse's Name? According to Illinois law, both property and debt acquired by either spouse during the course of the marriage is presumed to belong to both spouses, regardless of what the title says. How your property and debt will be classified in a divorce can become complicated. Speaking with a skilled attorney can help you understand how your property will be characterized and divided by the court in a divorce proceeding.  If A Marriage Agreement Isn’t Working, Can We Modify or Cancel it? If you sign an agreement dealing with any aspect of your divorce, you may not have the ability to cancel it or renegotiate the terms. Even if you signed the agreement without the advice of a lawyer, such an agreement can be binding.  If My Spouse Has A Lawyer, Do I Need One, Too? According to rules of ethics in Illinois, an attorney cannot represent both people in a divorce proceeding. Such a situation would represent a conflict of interest. Each party in a divorce should have their own lawyer to give proper advice and advocate for their needs. In all aspects relating to a divorce, your choices and actions can have lasting effects. A poor decision can permanently damage your financial, legal, and emotional well-being. It is essential that you speak with a skilled attorney to guide you through the process of divorce in Illinois.  Illinois Divorce Attorneys For more information about how the process may work in your situation, contact the experienced family law attorneys at Davi Law Group, LLC today. We work with families in many different situation throughout Wheaton, Warrenville, and many other Illinois communities.