Divorce Law Basics From an Expert Divorce Attorney

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.

For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced Chicago divorce attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.

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Divorce Law - What Your Divorce Attorney Should Explain About the Settlement Process

Many family law attorneys are out there with one purpose in mind - to make money. These are the attorneys that help give the entire profession a bad name. However, some divorce lawyers or child custody lawyers are actually interested in helping their clients.

A good way to find out if your family attorney cares about you and your life is to ask him or her about alternative dispute resolution (ADR). Many attorneys, though it would behoove them to explain all options to their clients, either completely ignore or gloss over the various methods of resolving a case.

1) Types of ADR.

Mediation. Mediation is a form of ADR whereby the parties (or parties and their attorneys) meet with a neutral third party to attempt to work out the issues in the case. The mediator usually is another attorney, but doesn't necessarily have to be. Mediation is usually a non-threatening environment and can be accomplished in numerous ways. Additionally, the parties or their attorneys can agree on who will mediate the case. If the parties can't settle during a mediation session, they can try again or move on.

Arbitration (binding or non-binding). Arbitration is when the parties present their case in front of a third party who then makes a decision based on what was presented. The general rules governing trials in court, such as evidentiary rules and civil procedure, generally do not apply during arbitration. There are two types of arbitration, binding and non-binding. Binding arbitration is when the parties agree that the arbitrator's decision is final, and they have to abide by it. Non-binding arbitration is when the arbitrator's agreement does not have to be followed.

Settlement discussions. Many people don't realize that settlement discussions between parties and their own attorneys are a form of alternative dispute resolution. Cases can settle all the way up to trial, but in a lot of instances people don't work towards settlement until the last possible minute. That is why you often hear the saying, "the case settled on the courthouse steps." While settling is always better, waiting until the day of trial to come to an agreement is also more expensive.

2) Why choose ADR?

Less stressful. Alternative dispute resolution, where the parties can control the outcome of their divorce or family law case, is a less stressful environment. Trials in court can be intimidating, and often this intimidation factor can sway the outcome of the issues.

Less expensive. ADR can certainly be less expensive, assuming it is done correctly. Even if the parties wait until the day of trial to agree on the issues during settlement discussions, that saves attorneys fees that would accumulate during the trial itself.

More options. Usually, the parties in a divorce can agree on things and put them into a settlement agreement that the court may not have the authority to order. For example, in some states, the court cannot order the parents to pay for the college education of their children; however, the parties can agree to provide for college education in a settlement agreement, and the parents will have to abide by that agreement.

You make your own decisions. This is a continuation of ADR being less stressful. Rather than leaving the decision making to a Judge, who doesn't know either party, the children, or the facts of the case before trial, the parties (who lived through the marriage) get to make the decisions.

You strengthen your relationship as parents or as divorced adults. This is extremely important, especially for parents. Children of divorce thrive when their parents can show a united front and agree on things. Additionally, coming to an agreement can also help with the healing process.

The truth is that most cases settle. But the sad truth is that most settle late in the game or on the eve of trial. This can be avoided with planning and hard work from both the attorneys and clients. It is a shame that sometimes, while the clients are willing, the attorneys only care about themselves.

Divorce and family laws vary depending on your state. If you need divorce help in Maryland or Virginia, you should find a Maryland divorce lawyer or Virginia divorce lawyer.