Tag Archives: divorce process
Questions to Ask While Interviewing a Divorce Lawyer
Choosing the right divorce attorney can be difficult. Depending on where you live, you may have dozens of attorneys available to you, but which firm do you choose to work with? Most of the decision comes down to your specific divorce case, your budget, and your personal feelings.
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When Does a Court Award Attorney Fees to the Prevailing Party in a Family Law Case?
An award of attorney fees may seem like a unicorn to some: a mythological event that some swear they have heard of from others but not seen themselves. This can be disheartening news to some divorce or family law litigants who have little money but are hoping that, if they prevail in their case, the court will order the other party to reimburse them for the legal fees they expended.
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Do I Need the Assistance of a Divorce Lawyer?
There are websites and organizations claiming that divorcing spouses do not need to hire an Illinois divorce attorney. Instead, these sources claim, any individual can learn everything they need to know about Illinois divorce laws in a relatively short amount of time. Are these sources correct: can divorcing couples really learn all they need to know about Illinois divorce law from a book or website? Here are some truths to consider:
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What Is a Default Judgment and How Can I Get It Vacated?
When you fail to timely enter an appearance or respond to a divorce petition filed against you, a default judgment may be entered against you. By entering a default judgment, the court has determined that although you were provided with an opportunity to respond to the divorce petition and participate in the proceedings, you failed to do so. As a result, the court has concluded that it has no choice but to award the petitioner – your spouse who filed the divorce petition – the relief he or she requested in the petition.
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Valuing a Business in an Illinois Divorce
Most Americans are familiar with the basic concept of property division in an Illinois divorce: the court will attempt to divide the property between the two divorcing spouses in a fair and equitable manner. But a business is a much more complicated asset to divide than, say, the value of a car or the value of a home. What is more, the value of a business on any given day may fluctuate and, over time, can vary widely from its value at a previous point in time.
Appealing a Family Court Decision
No lawyer or litigant likes to lose in court. This is especially true in divorce cases where a “losing” party can have his or her financial interests and/or parental rights adversely impacted. When this happens, the “losing” party – the one whose interests were adversely affected by the trial court’s decision – may be left wondering how such a terrible (relatively speaking) decision can be undone. Most individuals have heard the term “appeal” and know that an “appeal” can reverse a decision entered by an Illinois trial court. Can you appeal a trial court’s decision in a divorce or child custody case? More importantly, should you appeal a decision?
Important Time Periods for Divorces in Illinois
A well-known saying claims that “timing is everything.” This is certainly true in the context of an Illinois divorce. Built into the Illinois Marriage and Dissolution Act are specific time frames that must be complied with in order to obtain certain relief from the court hearing your divorce case. Failure to adhere to these time periods can result in a delay in obtaining your divorce or a dismissal of your case entirely.
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Service by Publication in a Divorce
Some divorcing spouses cannot wait to separate and move on with their lives, but most understand that it is necessary to let the other spouse know where they are initially living so that the divorce can be finalized. But what happens when your spouse disappears without leaving a forwarding address, telephone number, or other means of contacting him or her? Must your plans for divorce be put on the back burner if your spouse is missing in action?
Divorce May Cause Weight Gain in Men
Experts sometimes compare the psychological stress of divorce to that of the death of a close family member. The effects can be severe and the emotional scars can take years to heal, if they ever do. Weight gain is a common side-effect of stress so perhaps it may be somewhat expected for a person going through a divorce to put on a few pounds. What may be surprising, though, is that after a divorce, men seem to gain more weight than women.
Protecting the Best Interests of Children, Part 2: Attorney for the Child and Child Representative
There are times when divorcing parents allow their own emotions to cloud their judgment related to what is best for their children. It is most often unintentional, but if not addressed, can have serious long-term consequences. Unfair or lopsided custody and visitation arrangements could result, for example, in one parent overwhelmed by responsibility while the other feels alienated. Possible negative effects are definitely not limited to the adults, and in fact, may be even more severe for the children.