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FAQ

Frequently Ask Questions of Divorce

Do you need help with divorce, custody, or mediation?

How Do I Choose A Lawyer?
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How Do I Choose a Lawyer?

When picking an attorney you should think about the attorney's previous trial experience and determination to go to trial. It is important that you choose an attorney that makes you feel comfy discussing your legal problem(s) and confident that she or he will safeguard your legal rights. Some law offices advertise utilizing one or a few of their lawyers, with whom you will never see or speak to if you hire their company. It is very important to your claim that your lawyer is offered to you to answer your concerns and interact as a team to resolve your claim.

What is no-fault divorce?
lawyer, Maryville, law, Madison county

What is no-fault divorce?

In the past, the only method to get a divorce was to prove that your spouse had done something that was formally acknowledged as a reason for divorce. In other words, your spouse had to be at fault in separating the marriage. The most common factors were adultery, spouse abuse, being sentenced to prison for a felony, and insanity. This made it hard to get a divorce, and a lot of time, effort, and money was spent showing that the other person was at fault. All states have passed no-fault divorce laws to enable a divorce just because at least one of the parties no longer wants to be married.

What is an uncontested divorce?
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What is an uncontested divorce?

An uncontested divorce is one in which there is no opposition to exactly what is requested in the complaint or petition, or where both people consent to the divorce and the terms of the settlement of all issues (property and debt division, alimony, and child custody and support). A case where there is full contract and participation is sometimes called a consent divorce.

What are procedures for a divorce?
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What are procedures for a divorce?

Ways to declare divorce is a process started by filing with the court that is called a Complaint or a Petition, relying on the state where you live. Some states call the procedure a divorce, and some call it a dissolution of marriage. A copy of the Complaint is served on your spouse, generally by the constable's workplace or process server. This may not be essential in many cases, where you and your spouse are in agreement. Your spouse will be provided a specific number of days to react to the Complaint. How the case follows there will rely on how your spouse reacts. You and your spouse might reach an agreement, your spouse may file an action, or may not respond at all. Other files might need to be submitted, primarily financial declarations. Things can end up being quite complex, with many files being submitted, and several official court hearings.

How much does it cost to get divorced?
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How much does it cost to get divorced?

There are both fixed expenses and variable divorce expenses. The fixed expenses are filing fees paid to the court, and fees paid to have legal documents served on your spouse. These costs differ from state to state. Variable costs include fees for file preparation and legal representation by an attorney. The attorney's charges can differ profoundly, depending upon the intricacy of the case, and the degree to which any problems are objected to. Extra expenses may also come into play if the court orders mediation of disputed concerns, or if it ends up being essential to employ a financial analyst due to intricate residential or commercial property issues.

How long does it take to get a divorce?
lawyer, divorce, Maryville, O'Fallon

How long does it take to get a divorce?

If you don't know the whereabouts of your spouse, you may still get a divorce. You will have to take particular actions to attempt to locate your spouse, and to notify him or her that you have applied for divorce. Usually, trying to find your spouse will involve things like checking the telephone listing where you live and where your spouse is last understood to have lived, asking good friends and family members if they understand where your spouse might be, checking with the post office where she or he last lived to see if there is a forwarding address, examining property records to see if he or she owns property, contacting state records for motorist's license or vehicle registrations, and checking with the last recognized employer or landlord. If you still can't locate your spouse, there is a process called service by publication, where you get the court's approval to publish a notice of the divorce in a newspaper. Once this is done, you may proceed with the divorce case. You will have the ability to get divorced and be granted custody of any children; however, you may not be able to get full property division, alimony or child support till your spouse is personally served with court documents.

What if I can’t locate my spouse?
lawyer, Maryville, law, Madison county

What if I can’t locate my spouse?

Maybe it won’t get that far, but those who care about these international law disputes think China and the U.S. are on a collision course because both sides hew closely to contradictory readings of international law. One would assume the conflict won’t go nuclear, because that’s a patently absurd result for economically intertwined nations. Maybe it won’t get that far, but those who care about these international law disputes think China and the U.S. are on a collision course because both sides hew closely to contradictory readings of international law.

Will I have to go to court?
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Will I have to go to court?

Even for an uncontested or simplified divorce, you will have to go to some type of hearing prior to seeing a judge. This may remain in the judge's chambers or in a courtroom. You may just be needed to participate in, or both you and your spouse may be needed to participate in. You might need to bring a witness to affirm that you fulfill the residency requirement. Normally, for a case where you and your spouse have signed a settlement agreement, the hearing will take less than Thirty Minutes, and will be mainly for the function of satisfying the judge that all of the documentation is in order, that required notifications have actually been given, and that any residency requirement has been accepted.

WHAT KIND OF COMPENSATION CAN I GET FOR MY PERSONAL INJURIES THAT I HAVE SUFFERED?
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WHAT KIND OF COMPENSATION CAN I GET FOR MY PERSONAL INJURIES THAT I HAVE SUFFERED?

Medical expenses, any future medical costs, rehabilitation costs, lost wages (if there are any), pain and suffering, any and all injury related expenses.

DO I NEED A LAWYER FOR MY PARTICULAR OCCURRENCE?
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DO I NEED A LAWYER FOR MY PARTICULAR OCCURRENCE?

In many cases you'll need to engage an attorney in order to satisfactorily protect your interests and fight for everything you deserve. Please consider taking great advantage of the free personal injury consultations offered by Deborah Besserman, Granite City and Madison County, IL personal injury lawyer, as a way to determine whether we can be of help to you.

HOW MUCH WILL THIS COST? HOW DO YOU PAY FOR THE SERVICES?
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HOW MUCH WILL THIS COST? HOW DO YOU PAY FOR THE SERVICES?

All personal injury cases are very different. Deborah Besserman requests a fee for personal injury claims on a contingency fee basis, meaning we only charge a fee if we are successful in negotiating a settlement or obtaining a verdict for you. We take a percentage of the settlement or verdict plus our out of pocket expenses fronted by us to prosecute your case.You pay no money out of pocket. This is industry standard.

EXACTLY WHAT ARE MY RIGHTS IF I HAVE BEEN INJURED?
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EXACTLY WHAT ARE MY RIGHTS IF I HAVE BEEN INJURED?

As a rule of thumb, if someone's negligence caused your injury, you might be entitled to compensation for all those injuries. The special legal rights and limits that may apply to your case will change with respect to the facts.

WHAT IS MY CASE WORTH?
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WHAT IS MY CASE WORTH?

Each personal injury case is exceptional. Because of this, until your case has been fully investigated and your medical condition has stabilized, you need to be skeptical of anybody who attempts to tell you the value of your potential claim. Total settlement may include payment of medical bills, pain and suffering, mental anguish, loss of ability to savor life, lost wages, or diminished earning capacity.

WILL MY CASE GO TO TRIAL?
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WILL MY CASE GO TO TRIAL?

Whether or not your personal injury case goes to trial is determined by many different variables. Many cases are settled before trial. Although Deborah Besserman always remains open to settlement offers, if your settlement offer is inadequate with regards to the harshness of your injuries, our firm has the expertise to deal with you throughout the trial process. Deborah is a trial lawyer who has tried many cases and will try your case if that is in your best interest.

CAN AN LAWYER SETTLE MY CASE WITHOUT ASKING ME?
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CAN AN LAWYER SETTLE MY CASE WITHOUT ASKING ME?

Deborah Besserman will never settle your claim without your authorization. Recommendations of whether or not to settle are made, but the ultimate choice always lies with you.

HOW SOON FOLLOWING A RESOLUTION IS MADE IS CASH RECEIVED AND DISTRIBUTED?
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HOW SOON FOLLOWING A RESOLUTION IS MADE IS CASH RECEIVED AND DISTRIBUTED?

Most of the time, the funds relating to your own personal injury claim are received within seven to 14 days subsequent to the release being signed. Cases involving an incredibly large resolution, the State, private individuals, and/or out-of-place insurance companies frequently require much longer. In some cases, Deborah Besserman, Granite City and Madison County personal injury lawyer, should have the approval of the Court before a settlement is finalized.

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