How a Divorce Lawyer Can Benefit You in Your Divorce

March 22, 2017
jwilson2022
Are you stressed over what divorce will imply for your future, financially? Consulting a divorce lawyer will assist reduce those fears. A lawyer can tell you exactly what to expect based upon your state's divorce laws. You can learn whether you will get or, need to pay spousal support. An attorney can assist you understand how child support is calculated in your state and any other monetary problems relating to your scenario.

If you remain in a domestic abuse situation, a lawyer can help you find a safe place to stay while planning your escape. They will have the ability to prepare for and avoid any legal and personal issues that might arise because your partner is violent. Leaving a violent marriage can be simplified if you have a legal advocate on your side. A divorce attorney understands how regional judges rule on particular divorce relevant issues.

If you are a stay-at-home mom who hasn't worked in 15 years, a local lawyer will be able to tell you how district judges typically rule in such scenarios when it concerns alimony or maintenance. An attorney who has experience with the Family Court in your area is the only place you must turn for advice when making the choice to divorce.

If you or a loved one are entering, thinking about, or need advice regarding your divorce. Call Deborah Besserman, whether you need a Collinsville Divorce Lawyer, Edwardsville Divorce Lawyer and Edwardsville personal injury attorney, she would like to help you.  Call today for a free consultation.  

Seeing a divorce attorney will help you comprehend exactly what you need to do as far as any pre-divorce planning. Prior to you apply for a divorce there are steps you will certainly need to take to insure that you have all info relating to marital financial resources, earnings info for both partners and income tax return and other documents. A lawyer can assist you assemble a list of "things to do.".

You can learn from a local attorney about any issues that might emerge throughout your divorce. If you and your partner possess a business together or, there is the potential for hiding possessions, a lawyer can provide you a direct as well as advise on how to keep those issues from happening.

You won't go into the divorce procedure blind if you initially seek advice from with a divorce lawyer. Divorce is complexed, with lots of steps you go through to get to the other end. A legal representative can discuss each step in the divorce process in your jurisdiction. They can help you comprehend divorce mediation, exactly what the discovery procedure is or, what to anticipate from interrogatories. Will you go to court? Exactly what will happen if you litigate? These are concerns a divorce lawyer can respond to for you.

FAMILY LAW • DIVORCE • CUSTODY • SUPPORT

Family Law FAQs — Organized by State

These frequently asked questions cover common divorce and family law issues in Missouri and Illinois. Each question is clearly labeled by state so updates remain easy to track over time. This page is general educational information and not legal advice.

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Laws and outcomes vary. Talk with an attorney to understand options for your specific facts and jurisdiction.

Divorce Basics

Filing, no-fault rules, timing, and separation requirements—labeled by state.

MISSOURI How do I file for divorce in Missouri?
To file for divorce in Missouri, at least one spouse must have lived in Missouri for 90 days before filing. Divorce cases are filed in the circuit court of the county where either spouse resides.
MISSOURI Is Missouri a no-fault divorce state?
Yes. Missouri is a no-fault state. You do not have to prove adultery, abuse, or wrongdoing—only that the marriage is “irretrievably broken.”
MISSOURI How long does a divorce take in Missouri?
Missouri has a minimum 30-day waiting period, but most divorces take 3–12 months, depending on custody disputes, property issues, and court schedules.
MISSOURI Do I need my spouse’s permission to get divorced?
No. One spouse can file for divorce even if the other objects.
ILLINOIS How do I file for divorce in Illinois?
One spouse must have lived in Illinois for at least 90 days before filing. Cases are filed in the circuit court of the appropriate county.
ILLINOIS Is Illinois a no-fault divorce state?
Yes. Illinois only allows no-fault divorce based on irreconcilable differences.
ILLINOIS How long does a divorce take in Illinois?
Uncontested divorces can be finalized in as little as a few months, while contested cases often take 9–18 months.
ILLINOIS Do we have to be separated before divorcing?
Illinois law presumes irreconcilable differences if spouses have lived apart for 6 months, but the court's no longer require an affidavit of living separately for any length of time.

Property & Finances

Equitable distribution, the house, retirement accounts, and maintenance/alimony.

MISSOURI Is Missouri a community property state?
No. Missouri follows equitable distribution, meaning marital property is divided fairly—not necessarily 50/50.
MISSOURI What counts as marital property in Missouri?
Generally, assets acquired during the marriage—including income, retirement accounts, and real estate—are marital property, regardless of whose name is on them.
MISSOURI Who gets the house in a Missouri divorce?
There’s no automatic rule. Courts consider factors like financial contributions, custody arrangements, and each spouse’s ability to maintain the home.
MISSOURI Will I have to pay spousal maintenance (alimony)?
Possibly. Missouri courts look at need, ability to pay, length of marriage, and earning capacity. Maintenance can be temporary or long-term.
ILLINOIS Is Illinois a community property state?
No. Illinois follows equitable distribution, not automatic 50/50 division.
ILLINOIS What is considered marital property in Illinois?
Most assets and debts acquired during the marriage, regardless of title.
ILLINOIS How are retirement accounts divided?
Often through a Qualified Domestic Relations Order (QDRO)—errors here can be extremely expensive.
ILLINOIS Will I receive or pay maintenance (alimony)?
Illinois uses statutory guidelines based on income, marriage length, and financial need, though courts may deviate.

Child Custody & Support

Best-interest standards, parenting time, and how support is calculated.

MISSOURI How is child custody decided in Missouri?
Custody decisions are based on the best interests of the child, considering stability, parental involvement, and the child’s needs.
MISSOURI Does Missouri favor mothers in custody cases?
No. Missouri law is gender-neutral. Courts often favor arrangements that allow frequent and meaningful contact with both parents.
MISSOURI What types of custody exist in Missouri?
  • Legal custody (decision-making)
  • Physical custody (where the child lives)
Both can be joint or sole.
MISSOURI How is child support calculated?
Missouri uses Form 14, which considers income, parenting time, healthcare costs, and childcare expenses.
ILLINOIS Does Illinois still use the term “custody”?
No. Illinois now uses allocation of parental responsibilities and parenting time.
ILLINOIS How does Illinois decide parenting time?
Based on the best interests of the child, including stability, cooperation, and each parent’s involvement.
ILLINOIS Can a child choose which parent to live with?
A child’s wishes may be considered, but no child decides custody outright.
ILLINOIS What happens if one parent violates the parenting schedule?
Courts can impose fines, modify parenting time, or hold the parent in contempt.
ILLINOIS How is child support calculated in Illinois?
Illinois may use an income shared model, considering both parents’ income and time with the child based on overnights.
ILLINOIS Does parenting time affect child support?
Yes. Overnights and shared parenting significantly impact calculations.
ILLINOIS Can child support be modified?
Yes, if there’s a substantial change in circumstances (job loss, income change, medical issues).

Special & High-Conflict Issues

Pregnancy, hidden assets, relocation, domestic violence, and enforcement.

MISSOURI Can I get divorced while pregnant in Missouri?
Yes, but courts may delay final custody decisions until after birth.
MISSOURI What if my spouse is hiding assets?
Courts can impose penalties, reopen judgments, and award additional property if concealment is proven.
MISSOURI Can I move out with my children during a divorce?
This can seriously impact custody. Always talk to an attorney before relocating.
MISSOURI Do I need a lawyer for an uncontested divorce?
Legally no—but mistakes can be costly and irreversible, especially with property and custody.
ILLINOIS What if there is domestic violence?
Illinois courts can issue Orders of Protection immediately and prioritize safety.
ILLINOIS Can I move out of state with my child after divorce?
Relocation may require court approval or parental agreement depending upon the mileage involved.
ILLINOIS What if my spouse won’t cooperate?
Courts can compel disclosure, enforce deadlines, and impose sanctions.
ILLINOIS Do I really need a lawyer if we “agree on everything”?
Many people think they agree—until tax consequences, retirement, or future enforcement becomes an issue.

Want answers specific to your situation?

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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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