618-244-9544 mharvey@mlh-law.net

Divorce Frequently Asked Questions

Divorce Frequently Asked Questions

 

 

The Law Office of Harvey & Baker P.C.

Q: What is a legal divorce?

A: A divorce is the dissolution of a marriage. After divorce, both parties are free to remarry. During typical divorce proceedings, the couple’s assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws.

Q: What are "fault divorce" and "no-fault divorce"?

A: In the past, divorce generally had only been granted on the basis of marital misconduct called “fault”: adultery, mental cruelty or another wrongful act. There were also defenses to these faults. In these divorces, the spouse at fault often received a smaller portion of the marital settlement. In a no-fault divorce, the parties merely need to state that the marriage has broken down irretrievably or that the couple has irreconcilable differences. Every state has some form of no-fault divorce, but the particulars of the laws can differ markedly from state to state.

Q: What are the requirements for filing a petition for divorce?

A: The requirements for filing a petition for divorce vary for each state. Each state has residency and domicile requirements. That means one of the parties must have been a resident or domiciliary of the state for a specified period of time prior to the filing of the petition. Some states have a “cooling off” period, during which the parties may not commence divorce proceedings (or serve divorce papers) for a specified period of time after the petition has been filed.

Q: What is a legal separation?

A: A separation occurs when a couple voluntarily lives apart. Depending on the state, either one or both parties must consent. A judicial separation is a decree by the court that the parties are living separately; this agreement may contain specifics on child custody, child support, spousal maintenance and division of property. A separation is not a divorce, so the couple remains legally married.

Q: May the provisions in a divorce decree be changed afterwards?

A: Post-decree modification usually does not occur unless there is a provision in the separation agreement to do so; unless one of the parties commits fraud, wields undue influence or makes a misrepresentation; or to correct mutual mistakes. Child support may be modified based upon a significant change in circumstances.

 

Q: How is property divided in a divorce?

A: Courts divide property between divorcing spouses using two different concepts, depending on the state: community property and non-community property. Community property states dictate that each spouse owns an undivided one-half interest in any property acquired during the marriage. Non-community property states, however, take an equitable (fair rather than equal) approach. Typically, property that was owned by one party before the marriage, or given to one spouse as an inheritance or gift at any time, is non-marital property (and not subject to division). Other property that was acquired during the marriage is subject to division. The laws in each state can vary greatly, so it is important to consult an attorney.

 

Q: What is the difference between maintenance and alimony?

A: Alimony, maintenance and spousal support refer to the same thing: one spouse providing court-ordered funds to the other. This happens while the couple is legally separated, divorcing and/or divorced. Each state has its preferred method of determining how much should be paid, to whom and for how long. Courts typically consider the standard of living during the marriage, the current circumstances of each spouse and the ability of each spouse to provide for his or her needs. Alimony may be awarded as a lump sum, for a limited period or for an indefinite period.

 

Q: Do I need to hire an attorney?

A: It is not mandatory that you hire an attorney; you may represent yourself. You could, however, be putting yourself at a serious disadvantage. Unless you and your spouse have no marital assets, children or unsettled issues, the divorce can become complex very quickly. An experienced family law attorney who knows the laws of your state can be of great help during a divorce.

 

The Harvey & Baker, P.C. Law Firm offers a high-level of personal service to our family law clients. We focus on providing excellent legal services and also working to help our clients to get their lives back on track.

Good
Based on 16 reviews
april flexter
april flexter
2020-10-26
Harvey & Baker, P.C. has represented me through a difficult time on my life. Their professionalism goes above and beyond all expectations I had. The staff is kind, curteous, professional, and knowledgeable. Everyone from the secretary, to para legals, to the attorneys make me feel confident I made the right decision when I chose a law firm. I would highly recommend Harvey & Baker, P.C. to anyone who needs legal representation. You will be highly satisfied with the quality of work they produce, the amount of time dedicated to your case, and their sensitivity to your individual needs.
Alexis Lux
Alexis Lux
2020-06-02
The team at this firm is amazing! They were all very professional, supportive, and helpful. Most of all honest! I would highly recommend them to anyone! Thank you for helping me!! Alexis Cooksey
Stephanie Nehrt
Stephanie Nehrt
2020-06-02
I highly recommend Harvey & Baker, P.C. to anyone seeking legal services. Harvey & Baker, P.C. are beyond knowledgeable, honest and will put your best interest first throughout the entirety of your case. During my legal services, they were there to answer my questions and advised me of all my options. Further, they provided me with legal statutes and legal research to show me the material supporting my position. I am very thankful for the services I received from Harvey & Baker, P.C.!!
Russell Fewkes
Russell Fewkes
2020-06-02
I Have had Harvey and Associates as my lawyers for over seventeen years and I am very pleased with them in every aspect, from their professionalism in their representing me to them keeping me informed on the status of my case. I VERY HIGHLY recommend them! I have the upmost respect and confidence in Lane, you will find no one better to represent you!
jessica cozzello
jessica cozzello
2020-06-02
They were always well prepared and up to date on everything to do with my case. I could tell they genuinely cared. They were very professional and knowledgeable. Would recommend them to anyone.

Harvey & Baker, P.C.

2029 Broadway
Mount Vernon, IL 62864
Phone: 618-244-9544
Fax: 618-244-9344

 

40+ Years Experience | Experienced Civil Litigators

Martindale-Hubbell – Preeminent Rating for over 20 years