Divorce & Family Law

 

Dissolution of Marriage

Commonly known as divorce, is granted if certain requirements are met:

Residency: Either party has to be a resident of the State of Illinois for more than 90 days prior to the filing of the petition or the making of the finding.

Separation: The parties have to be separated for two years, or at least six months with a waiver.

Grounds: The most common ground is irreconcilable differences; other grounds include impotence, pre-existent marriage, adultery, desertion, drunkenness, drug use, physical or mental cruelty, etc. The petitioner has to prove either of these grounds.

 
 

Custody of Children

In every divorce case the parties have to decide who the children will reside with, also if they will have joint or sole custody. If there is no agreement, the court will decide the issue of custody at trial.

Joint Custody: If the parties agree to joint custody they have to make joint decisions regarding important aspects of the child’s life.

Sole Custody: In this case the parent that obtains physical custody of a child makes important decisions regarding the child alone.

 
 

Visitation of Children

There are different types of visitation that can be agreed upon by the parties, or can be decided by the judge at trial:

• Regular
• Holiday
• Vacation
• Supervised

 
 

Removal of Children Outside of Illinois

The parent that has residential custody can remove a child outside of Illinois with the agreement of the other parent or can request the permission of the court.
 

Division of Marital Assets

In a dissolution of marriage proceeding, the parties by agreement, or the court at trial will decide the disposition of the assets acquired during the marriage, such as:

• Real estate
• Bank accounts
• Businesses
• 401k, IRA, pensions and retirement plans

 
 

Child Support

The child is entitled to receive child support from the non-custodial parent; there are statutory guidelines to calculate the support amount based on the income of the payor.
 

Maintenance

(Formerly known as Alimony) In some cases one of the spouses maybe entitled to financial support from the other spouse. Maintenance can be temporary or permanent. The court will evaluate different factors to determine if the spouse requesting maintenance is entitled to receive it.
 

Paternity Cases

The parents of a minor child that are not married have to file a paternity petition in order for the court to issue a court order declaring the biological father as the father of the child and to be recognized as such for legal purposes; this can be accomplished by agreement or ordered by the court. DNA tests may be used to assist the court in the determination of parentage. Once paternity has been determined, the minor child is entitled to receive child support determined pursuant to statute.
 

Domestic Violence

The Illinois Domestic Violence Act protects individuals from acts that constitute abuse such as mental or physical abuse, improper concealment of a child, repeated threats to conceal a child or remove the child from Illinois, harassment, etc. In the family law context, if one of the spouses is subject of domestic abuse, that spouse can request the court to issue an order of protection against the abuser. Non-married individuals that have a child in common can request protection too.
 

Other Family Law Matters

In addition, our firm represents clients in post-decree matters seeking the modification or enforcement of judgments or court orders. Please contact us for additional information.