A Few Basic Things to Understand about Divorce and Attorneys

Divorce can be a complicated matter, but it can become unpleasant and more of an epic conflict than it should be. The key is to have an attorney, and not just one attorney for both of you, but to have an attorney for each of you. One attorney cannot represent both of you because your interests may not always be the same. However, having two attorneys does not mean that there is going to be a long, dragged out fight over every issue. In fact, it is possible that the divorce can go smoothly with two attorneys. Conflicts in a divorce stem from the divorcing couples not their attorneys. The following are a few good reasons to have an attorney.

The laws on property are different from state to state
Some states have community property laws. This simply means that all assets acquired during the marriage belong to both husband and wife. Everything is typically split fifty-fifty at the time of the divorce. However, most states are not community property states. If assets are acquired after the marriage, it is possible that some of them may not be split up. In these states, dividing assets can be complicated, but there are precedents. Your attorney can explain the basic procedures for the state you are living in.

The laws, in general, are different in each state
If you were married in a different state than you are divorcing in, it is the state of your residence that will determine the laws governing your divorce. However, if your spouse is currently residing in a state other than the one that you are living in, you will definitely need an attorney to help you through this complex proceeding.

If you and your spouse have children
Under no circumstances should you go through a divorce when there are child custody issues, and if you have children, there are child custody issues whether you recognize them or not. You may want to go through a divorce without attorneys involved, but without an understanding of the laws or the issues that may develop in the future, you will likely have a poor custody agreement.

A divorce lawyer in Lake Bluff, IL can help explain all of the legal issues that may pertain to your specific circumstances of your marriage.