COVID-19 Notice: In an abundance of caution and in consideration of our community members at risk, we have temporarily closed the office for in person consultations and meetings. However, we remain open and are readily available for telephonic or video conferences, consultations, and meetings. Furthermore, we continue to have access to the court system and are able to represent you in proceeding on your family law related matters, including those which have arisen as a direct result of the COVID-19 pandemic. You can reach us at the general office number, 312-782-2400. You can also reach any attorney directly via email, or at the general firm address of info@hrkfamilylaw.com. Hurst, Robin & Kay, LLC, wish our clients, colleagues, friends, and community members health and safety during these difficult times.
October 11, 2019

Chicago Polish Speaking Divorce Lawyer

Chicago Polish Speaking Divorce Lawyer

Chicago Polish Speaking Divorce Lawyer

Our Chicago Polish speaking divorce lawyer understands that divorce and family law can be complex and complicated, often adding more stress to an already stressful situation. At Hurst, Robin & Kay, LLC, our Chicago area Polish speaking divorce lawyer has extensive legal experience helping clients with all aspects of family law. The following are some of the most common legal terms that many clients may need to be familiar with for their particular case.

Dissolution of Marriage: Another way to reference divorce or legally terminating a marriage.

Petitioner: The spouse who first files legal documentation for divorce, child custody, legal separation, or other family law matter.

Respondent: The spouse who must answer or legally respond to the legal action the petitioner has filed.  

Alternative Dispute Resolution: Instead of traditional litigation, many couples decide to try alternative dispute resolutions to reach an agreement. Mediation and collaborative law are two types of ADR. For more information about ADR, contact Hurst, Robin & Kay, LLC, offering the Chicago area with a Polish speaking divorce lawyer.

Collaborative law: With this type of ADR, it’s necessary to speak with a divorce lawyer with specific training in this area of law. You may also require other professionals who help the couple come to a formal agreement about whatever family law issue they are dealing with, such as divorce or child custody. If the couple cannot reach an agreement and they decide to go the litigation route, they must both hire new attorneys.

Mediation: Mediation is a more informal type of ADR and is usually done without attorneys. Instead, the couple will meet with a trained mediator who will help the couple come to a final agreement.

Discovery: Our Chicago, Illinois Polish speaking divorce lawyer can provide you with representation during the discovery process. This is the formal exchange of information between the couple involved in the family law issue. This exchange can include depositions, interrogatories, and production of document requests.

Interrogatories: A set of written questions that one spouse serves the other spouse that are legally required to be answered, in writing, during the discovery process.  

Deposition: During a deposition, the person is under oath and is required to answer questions truthfully under penalties of perjury. Depositions take place outside the courtroom, often at the office of one of the attorneys involved in the case. Your Chicago area Polish speaking divorce lawyer will be present to represent you. In addition, there is also a court reporter present who transcribes the testimony as part of the legal record.

Separate Property: That property which was owned by one spouse before the marriage. It can also include property a spouse inherits or is given as a gift during the marriage.

Marital Property: Also referred to as community property. This is any property that the couple acquired during their marriage which cannot be classified as separate property. Working with a Polish speaking divorce lawyer representing the Chicago area can help review your community property in preparation for the legal process. 

Fair and Equitable: The standard for the division of property in many states. This type of property division is geared for being fair, not equal.

Qualified Domestic Relations Order (QDRO): A court order which is legally required for the division of retirement accounts that are part of a divorce settlement. A QDRO allows the division without the negative impact of penalties or taxes.

Alimony: This is also referred to as spousal support or spousal maintenance. Our Polish speaking divorce lawyer serving Chicago will tell you that alimony is when one spouse makes financial payments to the other spouse during their separation and potentially after the divorce. The amount of the payment depends on how long the couple was married, what the terms of the divorce settlement are, and whether the payments are temporary or permanent.

See How Our Chicago, IL Polish Speaking Divorce Lawyer Can Help With Your Abusive Marriage

One of the most dangerous situations you may find yourself in is being in a marriage with someone who is abusive, whether they are emotionally, financially, physically, or sexually abusive. Many people are surprised to hear that a friend is getting divorced from their spouse who is abusive because, on the surface, they may even look like they have a solid, picture-perfect marriage. However, a Polish speaking divorce lawyer Chicago relies on from Hurst, Robin & Kay, LLC know that social media and even in-person actions can be deceiving. If you are seeking a divorce from your abusive spouse and need a safe space to turn to with attorneys you can trust to be compassionate and work hard, you have come to the right place. Contact our law firm as soon as you can.

Why don’t people seek divorce sooner?

Unfortunately, many people who are stuck in an abusive marriage feel that it would not be safe for themselves or their children to get out of it. In many cases, the abusive spouse is the one threatening them harm if they ever file for divorce. This can be more deadly, however, as those who stay in the relationship find that their spouse will not change and may turn to become abusive to more than just the spouse. 

What can you do?

When your spouse is violent, the best thing you can do is get to safety immediately. Whether it is you or your children, you should call 9-1-1 as soon as you can and get to a safe place, such as a close-by family member or friend. If you do not have any family or friends in the area, we recommend speaking with a local domestic violence relief agency and one of their agents can tell you where a safety shelter is. 

What if I am not immediately threatened?

We see this often with our clients. It does not always feel like it is a matter of life and death at the moment. Instead, the type of abuse they suffering has been long and ongoing. When this is the case, you may choose to speak with an attorney before you pack up yourself and your children to leave. If you have the option, this can help you in the long-run as you and your attorney consider what your alimony situation may be and how things can be divided when you get to court. However, if you are not in this kind of situation, do not risk you or your children’s lives. We always recommend safety above all else. 

Our Chicago Polish Speaking Divorce Attorney Discusses Options For Divorce

We understand that many of our clients come to see our Polish speaking divorce lawyer when they are ready for a divorce and would like to move on with their lives. They want a fresh, clean start and would like to avoid as much baggage as possible when they go through with a divorce. Saying this and doing this are two different things, though. That is why you want to ensure you have a divorce attorney who is willing to go to bat for you and represent your needs in a divorce settlement. At Hurst, Robin & Kay, LLC, we want you to know that we care about our clients’ needs and what they are hoping to get out of a divorce because we understand this is what it takes to move on from a hard relationship that you invested so much time in. To see how we can help you, give us a call now. 

Uncontested Divorces

If you choose to file for divorce (or your spouse serves you with divorce papers) we may consider it an uncontested divorce. This means that when one spouse serves the other with papers, the receiving side does not contest what is in the petition for divorce. When this is the case, it is typically a very smooth divorce and both spouses quickly agree to the outlined terms. You may have heard this called a “consent” divorce. While amicable, this is not typically the type of divorce we work with regularly since most people go back and forth to get what they feel they deserve from the relationship. 

Determining if This is a No-Fault Divorce

Divorces are becoming more common and less embarrassing, and in many cases, one of the only ways a person could get a divorce was if there was some type of justification for that divorce (a cheating partner or an abusive partner). While we absolutely still work with clients and represent clients who want divorces in these situations, we also want you to know that each state, as well as Washington D.C., has passed laws that state you can get a divorce for no other reason other than not wanting to be married. So, whether you have a reason or you simply do not want to be married, we are happy to represent you. 

Divorce and the Waiting Game

The time it takes to get a divorce can vary and many clients are surprised to find out that even if the divorce is amicable it does not necessarily happen right away. A Polish speaking divorce lawyer in Chicago knows that a few factors that will influence the length of time it takes to get a divorce are:

 

  • State Waiting Periods. Depending on the state you live in, you may have to wait a certain amount of time for the divorce procedure to go through.
  • Living in the State. You may find that there are residency requirements for how long you or both spouses must live in a state before divorcing.
  • Length of Separation. Another common factor is how long you and your spouse have been separated before getting a divorce. Speak with us about our state’s requirements. 

 

At Hurst, Robin & Kay, LLC, we know that speaking another language can be especially challenging when pursuing the legal process. Because of this, we recommend giving our Polish speaking divorce lawyer serving the Chicago area a call today.