Frequently Asked Questions (FAQs)
Q: Why do I need an attorney?
A: It is often said that in the legal profession "a person who represents himself has a fool for a client." The truth is that the practice of law involves special knowledge and skill to properly communicate your position, whether in negotiations with another party or in a formal proceeding before a judicial body. An attorney can help you navigate the complicated world of laws and regulations so that you achieve your desired goals.
Q: What is my role in the representation?
A: As the client, you play a very important role in your representation. Generally speaking, while the attorney plans strategy, the client makes the ultimate decisions. More importantly, the client provides the information necessary for the attorney to determine how to proceed. You should be candid and forthcoming in communicating with your attorney, keeping him or her updated with any changes or new information to which you become aware.
Q: What should I consider in hiring an attorney?
A: You want an attorney who is knowledgeable and experienced in the area of law in which you require assistance. Your attorney should be responsive, keep you informed about the status of your case, help you explore available options, and remain forthright with you regarding expectations.
Q: What should I expect from a law firm?
A: A law firm should have the resources to provide your case the attention it deserves. Should an emergency arise with your lawyer, you want to know that the firm is capable of keeping your case on track. Regardless of the size of the law firm or the size of your case, a law firm should consider you and your case important. When you are on the phone, or when your case has a proceeding pending, you should be the firm's top priority.
Hopefully, the information provided here has helped you to understand the importance of qualified, competent legal counsel. For help with your legal matter, contact the Law Offices of Jeffrey E. Schulze today.
Frequently Asked Questions (FAQs) - Family Law
To see the laws governing marriage and divorce in Illinois, please refer to the Illinois Marriage and Dissolution of Marriage Act.
Q: What is the process for obtaining a divorce, and how long does it take?
A: Either party may initiate a divorce proceeding by filing a petition for dissolution of marriage. The length of the proceeding depends upon whether or not the dissolution is contested and whether there are child custody matters to consider, or if the judgment is appealed. In some cases, when there are not many issues for the court to resolve, the parties can file for a simplified dissolution, which is a much quicker process.
The petition for divorce may be based on one of various enumerated statutory grounds, such as adultery or cruelty, or it may be a 'no-fault' divorce based on irreconcilable differences between the parties.
Q: How is property divided?
A: In general, all property acquired by either spouse during the marriage is considered 'marital property' and is subject to distribution during a divorce. The court determines how marital property is divided if the parties cannot agree. Several exceptions exist to classify some property as 'non-marital property,' which belongs to one spouse and is not part of the court's allocation.
Q: Will I have to pay maintenance or child support?
A: Maintenance, also known as spousal support, is a payment made from one spouse to another. Based on evidence provided by the parties, the judge determines whether maintenance payments will be made, the amount of the payments, and whether they will be permanent or for a fixed period of time.
Either or both parties may be required to pay an amount for the support of a minor child. The minimum amount of child support is generally 20% of the paying party's net income, higher if there is more than one child. These figures are guidelines only, and the court may deviate from them if a party can show that it would be appropriate to do so.
Frequently Asked Questions (FAQs) - Business/Corporate Law
Q: How do I know what type of business to form?
A: A crucial step when starting a business is determining what type of entity to form. Choosing between a partnership, corporation, limited liability company or other type of organization touches upon critical issues such as tax liability and civil liability for your business or for you personally. An experienced business lawyer can advise you as to which type of entity best matches your goals and business model. The laws regarding Illinois business formation can be found here.
Q: What types of disputes arise most often in business?
A: Contracts are a basic tool used in every aspect of your business, and a dispute in any one area can drain your resources and take attention from other areas. Contract disputes must be quickly resolved whenever possible to keep your business running smoothly.
Other types of disputes which might arise include:
- Shareholder disputes and minority shareholder rights issues
- Disputes over company management or direction
- Real estate and commercial lease disputes
- Actions to collect debts and recover damages
- Management and employee disputes
Operating a successful business includes having a knowledgeable and experienced business lawyer assist you with the formation of your business, advise you on proper courses of action, and be on hand as disputes arise. Whether you are just starting out in business or need skilled support in a technical corporate area, contact the attorneys at the Law Offices of Jeffrey E. Schulze for immediate assistance.
