Friday, August 20, 2010

Illinois Family Law

Illinois family law is an area of legal concentration that encompasses such matters as pre-nuptial agreements, divorce, child custody and adoption, just to name a few. These laws essentially apply to the making and breaking of family relationships. Because these relationships are so important, obtaining proper legal representation is of utmost necessity. During what can be a difficult time, it is important to be fully aware of your options and legal rights. An expert attorney can help you know what to expect and help guide you through the process, be it the process of divorce or adoption or even drawing up a pre-nuptial agreement. You need to be sure that your case is being handled by a lawyer who is well-organized and available to speak with you when needed. You should choose someone whom you are comfortable with and you feel will handle your case with compassion and skill, as well as keep your costs reasonable.

Family relationships are of such importance to us that it is essential to have an experienced and knowledgeable attorney at your side. The lawyers of Anderson and Boback are experts in Illinois family law and will use that expertise to help you achieve the outcome you desire.

Monday, August 16, 2010

Courts in Illinois child custody cases make their determination based on what is in “the best interests of the child.” While Illinois law provides for the parents to devise their own child custody arrangements and judges generally prefer this, the court will step in when an agreement cannot be reached.

There are a variety of factors considered by the courts when deciding child custody. These include the wishes of the parents, the wishes of the child, the child’s relationships with siblings, the child’s attachment to his home and community, the mental and physical health of those involved and also the possible presence of violence or abuse. In addition, the willingness of each parent to encourage a close relationship with the other parent is a consideration.

Traditionally child custody is litigated in the state where the child currently resides and often in the same court as the divorce. When a parent wants to move out of state however, things can become more difficult. These are the situations where experienced child custody lawyers and judges are needed. Regardless of your particular situation, it is crucial to have an attorney knowledgeable in Illinois child custody to help you navigate these difficult waters and make sure your child is best served by the legal system.

Tuesday, August 10, 2010

Illinois Child Support Laws

Illinois child support laws contain specific guidelines for custodial and non-custodial parents. While, it is the obligation of both parents to provide financial support for their children, the non-custodial parent provides support payments to the custodial parent, based on their net income. This is not optional and there are strict penalties for not doing so. These amounts start at 20% for one child and increase with the number of children involved, up to 50% for six children or more.

Courts can deviate from these numbers if they determine it is in the best interests of the child or children involved. Factors such as the financial resources of each parent and the child’s previous standard of living, along with their physical and emotional needs are possible court considerations when doing so. Child support is often a contentious issue in family law. While the guidelines are fairly fixed, it is important that the best interests of the child or children involved are taken into account. Battles over money can be damaging to the children involved. When dealing with child support issues, it is best to have an attorney knowledgeable in Illinois child support laws to help guide you through the process so that things are handled fairly and with a minimum of conflict.

Tuesday, August 3, 2010

Illinois Legal Separation

An Illinois legal separation should not be confused with a physical separation or a divorce. It is a specific legal change in marital status with accompanying consequences. It starts with a petition requesting a change in legal status from “married” to “legally separated.” The parties must be living apart and the individual filing must have lived in Illinois for at least 90 days, along with making a claim of no fault. The judge will then decide the responsibilities and obligations of each partner with regard to such issues as spousal and child support, living arrangements, and child custody and visitation. However, neither spouse will have claim to property acquired by the other after the date of legal separation, as a legal separation essentially creates two financial estates.

Legal separation is a way for couples to avoid jumping straight into a dissolution of marriage action, if this is what they want. Reasons for doing so can be financial or sometimes religious. Partners are not allowed to remarry during a legal separation; however it can be converted into a divorce at any time. Because an Illinois legal separation is legal change in marital status, and can mean substantive changes in living arrangements and financial status for both parties, it is important to consult with an experienced attorney so that your rights and responsibilities are respected.