FAQs
Frequently asked questions and answers from our attorneys.
Family Law
Q: What can family attorneys help with?
A: Our offices can help with any and all of your family law problems. Some of our most frequent cases involve Divorce, Child Custody, Post-Judgment matters and CPS Matters.
Q: What is the difference between separation and divorce?
A: A separation involves two married partners that have mutually agreed to reside in different residences while retaining their married status. Divorce on the other hand officially and legally ends the couple's marriage. In order for an individual to remarry they must be divorced.
Q: Do family matters have to go to court?
A: Yes and no. If you want to get a legal separation, divorce, file for paternity, child support or child custody, you WILL have to file an action in the appropriate Circuit Court. There are some family law matters that will not require the initiation of litigation. However, most do require it and you should consult with one of our experienced lawyers about your specific issue..
Q: If my partner and I agree on everything, do we still need attorneys?
A: Legally speaking no, but it is highly recommended that each party should retain an attorney to carefully inspect what each party is signing. This is a great way to prevent misunderstandings, vague contractual language, and issues in the future. Overall, having an attorney present protects each party and allows them to sign something in their best interest.
Q:Can custody arrangements be modified as time goes on?
A: Yes. Custody agreements can be modified at any point in time, as long as the children remain subject to the Court’s jurisdiction.
Personal Injury
Q: How do I know if my injury is strong enough to get a lawyer?
A: Any sort of injury can have major impacts on one's finances, mental health, and overall life. If you think that you were injured and may be eligible to sue, call our offices for a free consultation. No matter if it's big or small, always contact an attorney to ensure your rights and any claims you may have are being protected.
Q:What happens if I don’t have pain until significantly after my injury?
A: Most types of personal injury cases have statutes of limitations. The length of those statutes depends on the type of injury. However, in almost every case, a lawsuit doesn’t have to be filed right away, and it is quite common for the full extent of an injury to be determined significantly after the incident occurs.
Q: What counts as a personal injury?
A: If you have received any harm to your personal body, mental state, reputation, or financial life from the actions of another party then your injury may constitute a “personal injury.” The best way to determine if your injury may be one for which you have a cause of action, schedule a free consultation and chat with one of our experienced attorneys.
Q:What kind of evidence is necessary to have a strong case?
A: The short answer is any evidence you have relating to the injury. In order to prove a Defendant liable you must provide evidence that the Defendant owed you a duty, they breached that duty, the Defendant’s breach of their duty of care to you caused the injury, and the damages you suffered as a result. Any evidence that can be presented to show one or more of these requirements helps your case.
Q:How is pain and suffering measured?
A: The short answer is by a jury or judge at trial, or as agreed upon by parties in settlement negotiations. There are a lot of factors that play into “pain and suffering.” The requirements change based on the type of case you have. You should consult with an attorney to discuss your case and try to get an idea of what the value might be.
Estate
Q: Why do I need a will?
A: Having a will is a great way to protect everything you have worked for and achieved after you're gone. Having a will ensures that your assets will be properly passed on to loved ones. It also protects your family from any hassle or struggle over your prized possessions, by setting a clear direction of what should be passed down to who.
Q: What is a POA (power of attorney)?
A: Power of Attorney is a court filed document that gives one person (above 18) the power to make decisions for another (above 18). This is very common for people with special needs, advanced medical needs, and elderly individuals.
Q: When should I update my will or estate plan?
A: Yes. Any time you obtain a valuable asset or come across something in your possession that holds significant sentimental / monetary value, you should update your will and/or estate plan.
What is the difference between a will and trust?
Gun Laws
Q: Do I need legal help for licensing or owning a firearm?
A: It is always a good idea to consult with an attorney that is well versed in your firearm rights before you apply for a license.
Q: Can my gun be taken from me?
A: Yes.