DuPage County Family Law Attorney

Divorce & Separation in Illinois

Divorce: Divorce is one of the most common family law issues. In Illinois, both fault and no-fault grounds are allowed, or you can base your divorce on the fact that you’ve been separated from your spouse for at least two years (six months if both parties agree). There is a residency requirement that at least one spouse must be a resident of Illinois for 90 days before filing for divorce. Property is divided equitably. Once a divorce decree is final, it cannot be changed, and you’re most likely stuck with its terms. In Illinois, both fault and no-fault grounds are allowed; or you can base your divorce on the fact that you’ve been separated from your spouse for at least two years (six months if both parties agree). There is a residency requirement that at least one spouse must be a resident of Illinois for 90 days before filing for divorce. Property is divided by equitable division. Even if a marriage ends amicably, you need legal guidance because one small mistake could have serious consequences. Once a divorce decree is final, it cannot be changed in most circumstances. Revisions to the Illinois Marriage and Dissolution of Marriage Act Changes to the Illinois Marriage and Dissolution of Marriage Act make it easier and less stressful to get a divorce. Spouses no longer need to state reasons for wanting a divorce, such as adultery, abandonment, cruelty, and incarceration, or even irreconcilable differences. Now, all divorces will be considered to be no-fault divorces. This change also eliminated the waiting period for divorce. Couples no longer have to prove that they had lived separately for at least six months, or two years if one spouse didn’t agree. You can now seek a divorce whenever you are ready to end the marriage. Property division laws have also changed. The court now must provide explanations for decisions regarding a divorcing couple's property. Decisions on property may no longer be based on relationship issues such as adultery and alienation of affection.

Helpful Links About Illinois Divorce

There's more to know about divorce in Illinois; you may find the following websites useful.

• Divorce in Illinois (from Divorcenet.com) www.divorcenet.com/states/Illinois

• Illinois Child Support Services http://www.childsupportillinois.com/

• Illinois Child Support Calculator http://www.childsupportillinois.com/general/calculating.html

When To Hire a Family Law Attorney

It may seem like a big step to hire a family law attorney, but the earlier in the process the better if your goal is to reach an efficient and favorable outcome. Some people are tempted to go it alone and file their own family court paperwork, but this is frequently a mistake. Family law in Illinois is complicated and involves a lot of legal technicalities. That’s why it’s best to hire an experienced and successful family law attorney who will listen to your concerns, formulate a strategy and guide you through the legal process. At Wolfe & Stec, we have years of experience working with families who are torn apart and who are trying to find a resolution so they can move forward with their lives. Our family law attorneys are compassionate, informed and trusted. Please reach out today to a family law attorney at 630-305-0222 or 312-388-7882 to schedule your free initial consultation.

What Makes a Good Family Law Attorney?

The characteristics of a family law attorney that you should look for are the same characteristics you want in a smart friend. Intelligent, informed, caring, supportive, confident – these are traits to look for in a family law attorney. You want an attorney who knows family law backward and forward, is on good terms with other court professionals and is adept at negotiating with opposing family law attorneys. You probably have a lot of questions. A good family law attorney is also a good listener who respects your concerns and is willing to patiently answer your questions. There is no one-size-fits-all, cookie-cutter solution when it comes to divorce, child custody or parenting agreements. You need a family law attorney who pays attention to your unique situation and suggests solutions and strategies that achieve your desired outcome.

Wide Range of Family Law Concerns

Our family law attorneys handle a variety of legal concerns facing families in Illinois. In addition to divorce and child custody issues, our lawyers assist clients with:

• Abuse & Neglect
• Adoptions -- Illinois Adoption Laws include areas such as who may be adopted; the age of consent for adoption; home residency requirements.
• Domestic Abuse - If you are in immediate danger seek legal help and call the National Domestic Violence Hotline, 1-800-799-SAFE.
• Orders of Protection -- Illinois Protective Order Laws, which are commonly called "restraining orders” are often needed if you are a victims of domestic violence or threatened or stalked by former spouses.
• Paternity
• Wills, Trusts, and Guardianships and Estate Planning

Child Custody & Support in Illinois

Child Custody: When it comes to the lives of your children, you want to come to an agreement that will provide the best possible outcome for their futures, but you also need to protect your financial well-being. Parents should never try to negotiate custody or support obligations without the help of experienced child custody lawyers. The laws and guidelines can be difficult to interpret, and making a mistake could mean returning to court and nasty drawn-out battles that adversely affect your children. Illinois courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. Illinois Child Custody Laws govern child custody decisions and procedures, including information about the availability of grandparents' visitation rights. Custody issues our Illinois family law attorneys handle with our clients include:

• Child Support: Illinois requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children. Here are some child support calculators to give you an idea of state guidelines.
• Child Custody Removals
• Parenting Agreements/Plans
• Non-Parent Custody
• Visitation

Family Law Terminology Related to Custody

In an effort to put both parents on a more equal footing, the revised Illinois Marriage and Dissolution of Marriage Act has changed old vocabulary and modernized old concepts of child custody and visitation. "Parental Responsibility" is the new term for custody. Instead of making a determination of who has joint or sole custody, each parent now has “parental responsibility” for making decisions for the child. One parent may still have most of the decision-making responsibilities, or these responsibilities may be split between the parents in the major life areas such as education, health, and religious upbringing. For example, the court may give one parent the right to determine the child's religious upbringing and the other the right to make medical decisions. "Parenting Time" is the new term for visitation. Children may spend most of their time with one parent, or they may split their time fairly evenly with both. However, neither parent is labeled the primary or made to feel as the secondary parent. The term “visitation” may still be used in situations such as when dealing with third parties, such as with “grandparent visitation.” Illinois courts are required to make all determinations based on what is in the best interest of the child, presuming that children should have frequent and continuing contact with both parents after divorce. Determining best interests can include a review of the wishes of the parents, wishes of the child, past allocations of parenting time, and the mental and physical health of all involved.

Family Law Issues Our Attorneys Handle Related to Custody

Parents should never try to negotiate custody or support obligations without the help of experienced child custody lawyers. At Wolfe & Stec Ltd., our Illinois family law attorneys handle custody issues that include:

• Child Support: Illinois requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children. Here are some child support calculators to give you an idea of state guidelines.
• Child Custody Removals
• Parenting Agreements/Plans
• Non-Parent Custody
• Visitation -- including visitation rights of nonparents, such as grandparents, siblings and other relatives.
• Parental rights – the changed law makes it difficult to terminate parental rights, requiring a "preponderance of the evidence standard."
• Relocation – In some counties, parents will only be permitted to relocate up to 25 miles without court approval, while in others they may be able to relocate up to 50 miles. This includes relocation out of state.

Family Law Child Support Issues

• Collecting Past-Due Child Support Payments
• Pay Child Support or Face an Arrest Warrant
• How To Modify a Child Support Agreement
• Paying for College When Parents are Divorced
• Retroactive Child Support