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FAQs About Divorce and Family Law

Published on August 19th, 2019

As divorce lawyers serving Rockford, IL, we want to make sure you know your rights when it comes to separating from your partner and how it affects your family. Here are some frequently asked questions regarding divorce and family law and their answers, but if you have more questions, do not hesitate to contact us today. 

Do I Need An Attorney If I’m Getting Divorced?

We recommend hiring an attorney when it comes to any major life events or changes, including a divorce. As your lawyer, we will protect the rights of you and your children. We are also well-informed in with the laws in Illinois regarding marriage, divorce, marital property, child custody, and more, proving to be a good support system for you throughout the divorce process.

How Are Assets Divided In A Divorce?

Through a contract between a husband and a wife, the two are able to divide their property as they see fit, which is called a “marital settlement agreement.” A judge is not always needed when it comes to dividing property, but if the division of property cannot be properly settled, the court will determine what is best for both parties.

How Is Child Custody Determined?

When spouses cannot decide on who gets custody of their child, the courts will decide based on the child’s best interests. The four basic types of child custody recognized under state laws include:

  • Sole Physical Custody: The children reside with and under the supervision of one parent.
  • Joint Physical Custody: Each of the parents will have significant periods of physical custody.
  • Sole Legal Custody: One parent will have the right and responsibility to make decisions about the health, education, and welfare of the children. The other parent has visitation rights.
  • Joint Legal Custody: This type is in the best interest of minor children when parents can make this custody decision work. Both parents will have the right and responsibility to make decisions about the health, education, and welfare of their children.

What Is Joint Custody?

Joint custody is the legal custody of a child or children that’s shared by both parents after a divorce or separation. Both parents share the major decisions affecting the child or children as well as time spent with them. Joint legal and physical custody could prove beneficial to the child or children if the parents can co-parent without an issue.

If you have more questions about divorce and family law, don’t hesitate to contact our divorce lawyers serving Rockford, IL for a free consultation.

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