Two Moms, Two Dads and a Baby!

I found an interesting article on findlaw.com regarding two gay couples vying for custody of a toddler in Florida.

http://blogs.findlaw.com/law_and_life/2009/07/two-moms-two-dads-and-a-baby-sperm-donors-birth-certificates-contracts.html?=features

It's interesting because of the unique family dynamic, the rights given the "father" due to his inclusion on the birth certificate, and to give an example of how lives change...and as a result, it teaches a lesson: make sure the agreement, legal document, or other instrument of intent states exactly what you wish it to, as you might feel differently in months, or years: will you be able to make the necessary changes in the future when you need to, without difficulty or a legal battle?

Do I Really Need an Attorney in Kane, McHenry, or DuPage County for my Divorce?

My spouse and I have decided to divorce, and I believe we have an agreement on all issues. Do we need attorneys?

Although an attorney is not required by the court in Illinois to obtain a divorce, Judges hold each party to the same standards as if they were attorneys. It is always advisable to have legal counsel to guide you through the divorce process, especially if you have children or assets. The Illinois Supreme Court has put certain rules in place that govern custody matters and the law regarding the division of assets in a divorce is complicated and ever-changing. Even if you believe your case to be very simple, an attorney will ensure that your case is handled smoothly, and often it will be completed much more quickly than if you were to handle the matter on your own.

Further, spouses who believe they have agreements on all issues often eventually have disputes regarding certain matters before the divorce is finalized. An attorney will be able to provide advice regarding a proper resolution. Remember that the agreement you reach on financial and custody issues must be put into a legal document, and this document must be free of mistakes and oversights or you may be required to return to court in the future to further litigate the issues. Attorneys who limit their practice to divorce matters draft these documents regularly, therefore it is much less likely you will have to return to court to relitigate.

What should I ask the attorney during the consultation?

Because the process is often confusing and you will have many questions, it may help to make a list before you meet with an attorney. Inquire whether the attorney utilizes paralegals who bill at a lower rate than an attorney, the retainer fee requirement, the projected timeline of your case, and ask about any special requirements if children are involved in the divorce.

What should I bring to the consultation?

Bring any documents that you feel are relevant to your case, including financial statements, prior court orders and pleadings (if any). Alhough you do not need to discuss the exact balances in your accounts during the consultation, approximate account balances will help in discussing the timeline of your case. If you are unaware of the balances or even what accounts exist, do not worry; your attorney will be able to obtain that information for you after your case is filed.