July 15, 2020 Hurst, Robin & Kay

Chicago Family Law Attorney

Chicago Family Law Attorney

Chicago Family Law Attorney

As a leading Chicago family law attorney, we understand how complicated the family unit can be. After all, it includes the most important people in our lives as well as some complex challenges and complications. When it comes to Illinois family law, there is a broad range of rules, topics, and guidelines that are governed by the city, state, and federal courts. These laws can significantly impact families, and the outcome any one person or unit is seeking.

A Chicago family law attorney may practice law that concerns the obligations and rights of all family members, including children and domestic partners, as well as, same-sex marriages, divorce, child abuse, and domestic violence. 

Hurst, Robin & Kay, LLC are leading Chicago, IL family law attorneys with years of experience in helping people with family law matters. We understand many of these issues come with heated emotions, sensitivity, and young children. Rest assured, we keep your interests, and that of your family, in mind throughout our working relationship. For a consultation with one of our attorneys, call our firm today. 

A family law attorney can be of the utmost assistance for a variety of different family-related issues. These attorneys have the necessary knowledge, skills, and experience with helping clients reach a solution to the issues they are facing. They are also a wealth of information when it comes to providing sound and caring guidance to clients. It’s important to seek the services of these types of attorneys in order to overcome difficult obstacles like divorce, child custody, and more. Reach out to Hurst, Robin & Kay, LLC today to get the assistance that you and your family need.

Table Of Contents

What an Attorney Can Help With

An experienced attorney working with family law can help out with a variety of different family law issues. Some of these issues include:

Child Custody – Child custody can be an arduous and time-consuming process to undergo. Proving that a parent is eligible to care for their child and receive custody is something that may have to go before a judge. Having a child custody case is not something that always has to go before a judge though. A Chicago family law attorney can negotiate with the other parent or their legal counsel team to see if an amicable agreement can be made regarding custody. 

Child Support – Child support is another common issue that occurs in a divorce. The amount of money that is ordered to be paid to a parent will range on a few different factors. These factors are something that varies from case to case but generally depend upon how much money the parents earn and how much their expenses are. This is another issue that an attorney practicing family law can be of great assistance with. 

Divorce – While no one plans to divorce when they marry the unfortunate reality is that many divorces occur on a daily basis. Navigating the following issues that come with divorce can be daunting and stressful. Things like alimony, financial support, asset division, dealing with what happens to the children, and more are just some of the issues that will present themselves. 

Parenting and Visitation Problems – Visitation is an extremely important thing for both parents. Most parents will want to see their children as soon as possible and be there for them every step of their life journeys. Visitation can be negotiated by legal counsel to ensure that each parent is allocated the right amount of time to spend with their children. 

International Family Issues – Things like immigration and different visas can be a difficult process to undergo alone. It can also be confusing about which documents are needed and when they need to be submitted. This is why many people turn to an attorney for assistance. 

Help is Available

Families are the backbones of everyone’s life. When a divorce occurs or other family issues it’s important to get as much help as possible to preserve the family as best as possible. Our attorneys have years of experience in helping keep families intact and helping them get through difficult times. Reach out to Hurst, Robin & Kay, LLC today to get the help you and your family deserve and need. 

Joint Dissolution of Marriage

Joint dissolution of marriage is an alternative to having an uncontested divorce, although the two share some similarities. For example, a joint dissolution means that you and your soon-to-be-ex-spouse are filing for divorce, only here, you’re filing together as opposed to only one of you files. Typically, this is an even faster process than an uncontested divorce, but not every couple can file for a joint dissolution. For one, your divorce has to be uncontested or no-fault for you two to file under this option. Other Illinois requirements are:

  • You and your soon-to-be-ex-spouse have enjoyed marriage for less than eight years.
  • You do not have any children together, including none by adoption, and there’s no current pregnancy.
  • Together, you two gross less than $35,000 a year.
  • Neither of you earns more than $20,000 individually.
  • Your marital property is less than $10,000 altogether.
  • Neither of you earns real estate

Determining If Mediation is Right For You

When you seek help from our family law attorney you can trust in Chicago, you may be wondering if mediation is right for you and your spouse during the divorce process. In fact, many couples who are having marital or family issues and not necessarily going through a divorce may choose to utilize family mediation as well. We understand that not all conversations can be easy. Especially if you are getting a divorce, you may find that you and your spouse are not able to agree on everything. To help, your attorney can help set up a mediation session.

An Overview of Family Law

Family law encompasses many different topics. Some of these include:

Prenuptial and Postnuptial Agreements – Prior to a couple getting married, and combining their incomes, assets, and property, they may choose to draft an agreement that dictates how everything will be divided should they divorce. 

Legal Separation – This is not the same as a divorce, but rather a change in marital status that comes with various obligations and rights. Legal separation may be an option when a couple is not ready to divorce, or cannot divorce because of religious reasons. 

Divorce – When a divorce is applicable, a Chicago family law attorney may be necessary. This is particularly true when one or both people have been in the military, own a business, have a lot of assets, or are disputing the divorce. Each of these factors brings its own unique challenges that should be overseen by an attorney. 

Spousal Support or Modifications – Often known as alimony, this support is ordered by the court at the time of a legal separation or a divorce. An attorney can help to recover support or fight against paying it, but without a legal advocate, this area can be challenging to navigate. 

Child Custody – Child allocation judgments are issued by the state and include detailed parenting plans which explain which parent is responsible for what. The laws in Illinois allow one of the parents to be responsible for things like education, choosing the schools, and so forth; whereas, the other parent might be responsible for medical care and costs. 

Child Support and Modification – Child support is based on guidelines that are provided by the state and considers both parents’ incomes, the time each parent spends with the child, and more. If you are seeking child support, or a modification of support, let a Chicago family law attorney help you.

Domestic Partnerships – Same-sex marriage is legal in Illinois and also recognized on the federal level. If you need help with domestic partnership laws, let our firm answer your questions and concerns. 

Father’s Rights – Unwed fathers have rights, and sometimes, they might feel that their rights are being violated. If you are seeking custody of a child, would like to spend more time with your child, or need help to prove the paternity of a child, seek a legal advocate from our firm. 

Domestic Violence and Orders of Protection – Domestic violence is taken very seriously and can result in both criminal and civil orders. The offender can be prosecuted and may face many consequences. If you are a victim of domestic violence, call us today. If you are in immediate danger, please call 911, and if possible remove yourself from the situation.

Dividing Debt in a Divorce

Payment of debts during and following a divorce is often a difficult issue to resolve. The reality is that both spouses may struggle financially during a divorce, simply because one household has split into two separate households, each of which has its own share of expenses. Since non-payment of debts can have such a lasting impact on your credit and your financial future, it is imperative that you enlist the assistance of an experienced Chicago family law attorney who can help you reach an acceptable resolution to the payment of your marital debts.

Why Dividing Debt During Divorce Is So Important

Dividing marital debts in your divorce is just as important as dividing marital property. If you and your spouse have any joint car loans, mortgages, personal loans, credit card accounts, or lines of credit, you both are financially responsible for those debts. This means that even if your spouse is supposed to pay a particular debt, but he or she doesn’t do so, you are still legally responsible for paying that joint debt. To be sure, the creditor can take legal collection actions against you for that debt, even if your now-ex-spouse is supposed to pay for it. Additionally, even if your spouse separately incurred a debt during your marriage, you could be held responsible for it, depending on the situation. These facts make it essential that you work closely with experienced divorce lawyers who can help ensure that you don’t end up saddled with all of your spouse’s credit card debt.

How a Court Divides Marital Debts

In many cases, spouses are able to come to an agreement about who will pay what debt. In other cases, however, it is up to the divorce court to make a decision about a fair and just allocation of debts between you and your spouse. The court will consider different factors, such as your income, assets, existing liabilities, earning potential, and current employment situation in determining which spouse is responsible for each debt. If you are in a significantly better financial position than your spouse, for instance, and earn substantially more income, then you may end up with more than half of the marital debt, or even being responsible for debts that your spouse solely incurred. It is up to the discretion of the court to devise a resolution that is just and equitable for both parties involved. Your Chicago family law attorney will make sure that the court is aware of all the factors necessary to ensure a fair division.

Things To Consider While Managing Your Finances During Divorce

You have a lot of considerations and choices to make for your divorce. When you know how to manage your finances while dissolving your marriage, you help set yourself up for success in your post-divorce life. Consider these financial tips your Chicago family law attorney from Hurst, Robin & Kay Law may recommend.

Consider Whether You Signed a Prenup

One of the first things to consider while getting your financial house in order for divorce is whether you and your current spouse signed a prenuptial agreement. If so, the legal document could override state divorce law and determine how you must divide assets in your divorce.

Update Your Bank Account

If you and your current partner have shared bank accounts, you may need to update them. If you don’t already have them, now’s a good time to open individual checking and savings accounts in your name only. You must divide funds from shared accounts, so use your individual accounts for all direct deposits and automatic payments.

Your Chicago family law attorney may recommend you separate your finances from your soon-to-be-ex as quickly as possible. That way, you make things easier on yourself when you must later divide your assets formally. If you worry about your spiteful spouse ruining your credit by racking up unnecessary expenses, having a separate bank account could mitigate some of the financial fallout.

Review Your Retirement Portfolio

Filing for divorce may require changing your retirement portfolio holdings. If you have life insurance, change the beneficiary if you have your spouse listed. Your shared child or another loved one may become your new beneficiary.

If you have a 401(k) or pension plan sponsored by your employer, sit down with HR and let them know about your divorce. Think twice about closing or cashing out these accounts, as your current partner may have a claim to the holdings. 

Gather All Essential Documents

If you have not already, collect essential financial documents, including bills, bank statements from joint accounts, credit card statements, mortgage documents, life insurance policies, and investment portfolio statements. If you need help locating these documents, reach out to your legal team at Hurst, Robin & Kay Law.

Other than seeing where and how money comes in and goes out, another reason to gather these financial documents is so you have a solid idea of your standard of living while married. This helps you restructure your budget to account for life as a single person with a single income.

Do’s and Don’ts Regarding Divorce

Do Get Familiar With the Legal Process

It’s important to know what’s coming. During your initial conversation with a Chicago family law attorney from Hurst, Robin & Kay Law, you should ask for an overview of coming events.

Do Stay Respectful of Your Spouse

If you have kids, your spouse is going to be part of your life whether you like it or not. Set out on the right foot and stay respectful of your spouse.

Do Plan For the Future

Think about the possessions you want to leave the divorce with and what you’re willing to exchange for getting them. Don’t forget to consider marital debts. Your Chicago family law attorney may have a checklist to help you remember everything.

Do Choose to Be Happy

You can be going through a hotly contested divorce and be miserable, or you can be going through a hotly contested divorce and be miserable. Either way, you’re going through a hotly-contested divorce. Happiness is a choice; make it a good one.

Do Forgive Your Spouse

Holding on to resentment and anger only hurts you. Free yourself from those feelings by forgiving your spouse for whatever you’ve blamed them for. 

Don’t Act Without Thinking Things Through

It’s easy to act rashly during divorce proceedings. Make sure you take the time to think about your actions before you take them. You could also act aggressively toward your spouse, which could hurt you when it comes to the custody of your children.

Don’t Involve Your Kids

Whatever else you do or don’t do, above all else, don’t involve your children in your divorce. Make it crystal clear to them that the divorce is between you and your spouse, it’s got nothing to do with them, and that you and your spouse both love them very much. Don’t ask children to relay messages or take your side, and don’t disparage your spouse in front of them.

Don’t Ignore Any Court Orders

If you ignore court orders, you could find yourself in contempt of court and facing potential jail time and/or fines. Your Chicago family law attorney can advise you on how to comply with those orders.

Don’t Agree to Anything Without Consulting Your Lawyer

Even if what you’re being asked to agree to sounds great, consult your Hurst, Robin & Kay Law attorney before you agree to it. Your lawyer may see potential pitfalls you might have missed.

Chicago Family Attorney Infographic

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Working With a Family Attorney For a Prenuptial Agreement

When you are hoping to create a prenuptial agreement before you get married, working with a family law attorney in Chicago, Illinois may be one of the best moves you can make. A family attorney can ensure you cover everything you need to before saying “I do.” Creating a prenuptial agreement comes with a stigma: many people believe if you create this document it is dooming your marriage. 

However, we believe that a prenuptial agreement is one of the smartest things you can do when you are entering into marriage. Instead of thinking that it dooms your marriage, consider it a solid step in your marriage. You and your partner can discuss the different assets you are each bringing to your marriage and how that is divided up, especially in the event of a divorce. 

4 Reasons To Hire a Family Law Attorney

Family law involves investigating and counseling cases of divorce, child custody, adoption, and other matters involving close relatives. If you are going through a difficult time, it can be confusing to know whether or not you should consult the advice of a Chicago family law attorney. Here are four reasons to hire a family lawyer. 

1. To Ensure Paperwork Is Filed Correctly

The legal system is complicated, and this is the reason that you see lawyers such as the ones at Hurst, Robin & Kay Law focus on such specific fields as family law. Custody and divorce cases require a lot of paperwork, which can have consequences if filled out incorrectly. Going through a divorce is already a stressful time, so leaving the legal nuances of paperwork to your Chicago family law attorney may be a smart move. Adoption is another process that requires paperwork that should be filled out carefully and with the best interests of the child in mind. Someone experienced with the legal system and with filling out legal documents can make sure that your paperwork is filed accurately and in a timely manner. 

2. To Save Money

While it does cost money to work with a lawyer, having someone advocate for you can save you money in the long run. For example, an attorney at Hurst, Robin & Kay Law can help ensure that you will pay or receive your fair share of child support or alimony. 

3. To Resolve Disputes

One of the most obvious reasons to hire a Chicago family law attorney is to resolve disputes between you and your soon-to-be-former partner. Often, each half of a couple wants different things when it comes to paying alimony, reallocating shared property, and dividing custody of children. A lawyer can make sure that money and property are distributed fairly and that any child custody outcomes are made in the best interest of the children. Attorneys also help revolve issues between birth parents and adoptive parents in cases where a child is going to be adopted. 

4. To Plan an Estate

At the other end of the cycle from adoption and birth is planning for your or a loved one’s passing. Family lawyers help draft wills and estates and maintain these documents until they are needed, and ensure that wishes are carried out as intended after the death. 

These are four reasons why you might want to hire a family law attorney. 

5 Ways to Consider Your Children When Separating From Your Spouse

 Marriage separation can be stressful and worrisome when children are involved. It’s imperative to remember that although you and your spouse no longer want to live together, you still have your children’s feelings to consider. Here are a few ways you can make a marriage separation easier on your children. 

  1. Don’t Ever Just Walk Out

While you may think it’s necessary to simply pack up and leave, cool down, and discuss things rationally with your spouse at a later date, your children will see your departure as abandonment. Children are sensitive, and even temporary abandonment can emotionally scar them for life.

  1. Be Open With Your Children

It’s hard for children to understand why their parents no longer want to be together. Sit them down and talk about some of the more basic reasons behind your separation. Many children are prone to blame themselves when their parents argue, so make sure they understand that they are not the cause of your separation. Make it clear that despite the changes, both you and your partner still love them dearly. 

  1. Make Sure Both Parents Have Time With the Children

Once you and your partner are living separately, ensure that your children have a safe and comfortable environment at both of your separate homes. If you have custody, don’t withhold your children from your spouse out of spite. Unless abuse is involved, your children should have regular contact and quality time with both of their parents.

  1. Don’t Speak Badly of Your Partner

Perhaps you no longer love your partner, but you can never forget that to your children, your partner is still a beloved parent. Hearing one parent speak ill of the other can be heartbreaking for a child. 

  1. Give Your Children Normalcy

It’s paramount that you maintain some sort of normalcy in your children’s lives. Marriage separation is a big deal, but neither you nor your spouse should let it define you as a parent. It is important to remember that you are still co-parenting, and you are both responsible for the health and happiness of your child. Family traditions, holidays, and day-to-day life will be different, but make sure that they are still fun, and that your children can enjoy them equally with both of their parents.

A broken marriage can be hard for children to understand, and there will be some unavoidable bumps in the road. However, that does not mean that you and your partner cannot part ways without negatively impacting your children. Talk to a family attorney, who may be able to help you with a marriage separation that will take your children into account.

If you’re planning to get divorced, you may want to speak to a Chicago family law attorney. A divorce is a complicated process and you want someone knowledgeable and experienced on your side. Here are some frequently asked questions and answers about family law.

Pet Custody in Divorce

In 2018, Illinois divorce law was changed regarding how pets are treated in a divorce. Today, divorce judges who are presiding over an Illinois divorce are able to award ownership of a pet after considering the well-being of the pet. The law actually refers to pets as companion animals and specifically exempts service animals from the law. If you are going through a divorce and have a pet you fear your spouse will try to keep from you, a Chicago family law attorney can help.

Under the old law, a judge made decisions on which spouse got to keep the family pet without considering if that spouse was the best person to take care of the pet. But with the updated law, a spouse now has the opportunity to show the judge that he or she is best suited to take care of the pet. The law doesn’t specify how this will be shown, but spouses can rely on testimony from family and friends, or by presenting documentation showing that one “fur” parent had the primary responsibility of caring for the pet.

As a Chicago family law attorney can explain, although the law changed, pets continue to be viewed as property. The companion animals or pets that are covered by the law are those that are considered marital property. Generally, this means that if one spouse owned the pet before marriage, the pet is more likely to be awarded to that spouse. However, this may not apply in every case, especially if the court decides that there were actions taken after the marriage that transformed the pet into marital property.

The changes do not mean that a spouse who is awarded sole or joint possession of the pet can seek financial support for the maintenance of the pet. The person who is awarded possession is responsible for meeting the needs of the pet. Pet owners are free to make an agreement regarding the possession of the pet, and they may decide to share the financial responsibility for the pet among themselves. If the agreement is otherwise legal, a court would enter an order making it enforceable.

As with other divorce-related agreements, even if you are in a low-conflict divorce, it is best to have your Chicago family law attorney look at the terms of the agreement and advise you if signing the agreement is in your best interest.

Chicago Family Law FAQs

Is Illinois a No-Fault State?

Yes. In order to get a divorce, you don’t have to prove that your spouse committed adultery, abused, or acted in some other bad manner. Illinois lawmakers abolished the option to file a fault divorce in 2016. Stating that you and your spouse have irreconcilable differences is enough to get a divorce.

How Long is the Separation Period in Illinois?

In the state of Illinois, there is no mandatory separation period. However, if you and your spouse don’t agree to a divorce right away, a judge may require you to live separately for six months. Once the time period has passed, a judge will agree that there are irreconcilable differences.

Can I Use the Same Lawyer As My Spouse?

Some couples think that they can use the same lawyer if they agree on all the matters in their divorce. However, this isn’t true. Each spouse is required to have their own separate lawyer.

How Does the Court Determine Child Custody?

If you and your spouse have minor children, custody will be one of the main matters in your divorce. A judge will look at many factors before determining child custody, such as each parent’s mental and physical health, the living situation of each parent, and proximity to schools. If you wish to gain custody of your child, it’s important to work with an experienced Chicago family law attorney.

How Do I Choose the Right Family Lawyer?

When you’re going through a divorce, it’s essential to have a skilled family lawyer on your side. However, selecting the right one might seem overwhelming. Begin by scheduling a consultation with a few reputable family lawyers in your area. During your consultations, make sure to ask questions about the lawyer’s experience and skills. For example, you may want to ask if the lawyer specializes in family law and if he or she has experience with child custody matters. You should feel comfortable talking to your lawyer and confident that he or she will go all the way for you.

Schedule a consultation with a Chicago family law attorney, like one from Hurst, Robin, & Kay, today. 

If you’re dealing with a Chicago family lot attorney such as the ones available at Hurst, Robin & Kay LLC, then you are very likely dealing with a divorce matter or something to do with family custody. These matters can be extremely emotional and they can bring up a lot of background and questions and make you feel vulnerable so working with a Chicago family law attorney that you can trust is key.

Almost everyone has questions about going into a divorce before they go to the voice, so we had to answer some of the most commonly asked questions.

How long does the divorce take?

It is very hard to tell what the divorce timeline can be because these timelines can vary with courts as well as the amount of documentation that you have to fill out by both parties. It is a very lengthy process and becomes even lengthier if a party does not agree on another matter and negotiation takes time. Typically the average ranges from 3 to 18 months but it can take longer if your divorce is more complicated and complex.

How do I file for divorce?

If this is your first divorce we’ve never looked into how to file for a divorce, the very first step is to file a petition with the court. And in Illinois, there is no waiting period to file a divorce but you are required to be a resident for at least 90 days prior to entering for a divorce judgment, or for your spouse to be an Illinois resident for 90 days prior.

What happens if I am served with a petition for divorce?

When you receive a petition in divorce in Illinois, you have 30 days to file an appearance or hire a Chicago family attorney to file one for you. If you do not file within this time, your spouse could default you into the divorce judgment with their requested terms and you get no say.

Can I request financial support for my spouse during the pendency of the divorce proceeding?

While your divorce is pending, depending upon your access to funds in the income of your spouse and yourself, you may be able to receive financial support from your spouse. This is typically the case if there is a large income disparity, and it would be a temporary relief while the divorce is pending. These are temporary but they can provide some financial relief to help you with spousal, child support, and even contribution to household and child expenses.

I just found out my spouse had an affair, is this going to affect custody or property division?

No. Illinois is a no-fault divorce date, therefore your spouse is here in custody, or property division does not matter unless a significant amount of marital and shared funds were spent on the affair itself.

What does collaborative divorce mean?

Collaborative divorce is another approach to a divorce case, it’s very similar to mediation. Essentially each party is going to have their own Chicago family long-term, and they are going to engage other professionals such as a financially neutral third party, a mental health professional, and more to ensure that the divorce is on good terms in a well-rounded compromising approach.

Can my partner and I both use you for our prenuptial agreement?

Just because you are getting married does not mean we can represent both you and your partner. You want to make sure that both of you are protected and to do that, you should each work with an attorney you can trust. Remember, this does not mean you do not trust each other or that you are suspicious of each other. Instead, it means you each have an attorney who can fully represent you and who can fully take care of your own assets. 

Can we discuss children in our prenuptial agreement?

When it comes to children, that is best saved for marriage. If you go through a divorce, your attorney will work with you to discuss child support and child custody/visitation. When this happens, a judge will make a decision based on what is in the best interests of the children involved. You cannot make these decisions before marriage or before there are even children involved.

What happens if I do not provide all of my financial information for the prenup?

Your family law attorney will advise you to provide as much information as you can. If you hide assets or fail to provide the necessary information, there are no guarantees that these assets will be protected if you divorced your spouse. 

Is there a right time to sign a prenup agreement?

Yes! The sooner the better. If you sign the prenup too close to your marriage and something goes wrong in your marriage, your spouse may say that they only signed it under threat or coercion. 

Is a separation different from a divorce? 

Getting separated and getting divorced are not the same thing though they do share some similarities. Getting legally separated and getting legally divorced mean you are choosing to be away from your spouse. Being separated legally will give you and your spouse the opportunity to consider different decisions like child support and spousal support without the awkward meetings that would occur if you were living together. That said, a separation does not mean your marriage has ended. This can also be a time when you and your spouse reconsider whether you would like to get a divorce or whether you want to choose to work things out and remain married.  

What does it mean to have an uncontested divorce? 

If you are going through an uncontested divorce, it means that you and your spouse have come to an agreement on important decisions regarding assets or child arrangements after your divorce is finalized. 

More specifically, couples who have an uncontested divorce don’t spend taxing amounts of time in court disputing who should get what, child custody, marital property, and so on. Rather, you two are able to handle the dissolution of your marriage without engaging in a nasty dispute, often because you two had a prenuptial agreement in place or attended mediation. Whatever the reason, most divorcing couples who have an uncontested divorce have come to a mutual agreement regarding the following:

  • Alimony
  • Who’ll get the house
  • Who’ll get the pet(s)
  • Child custody
  • Child visitation arrangements (including traveling inside and outside the country)

What can mediation do for you and your family? 

During a time of family legal problems, sitting down and talking can truly be one of the most difficult tasks. Especially when you are getting a divorce, having a coherent, friendly conversation can sound like the last thing that will ever happen. However, that is what mediation is for. Mediation can help:

  • Get you and your spouse in the room together to hash out the problems you are going through. 
  • Bring a third party in to observe and help you reach an agreement on issues that have remained unresolved. 
  • Make a divorce less contentious and help both parties end up with the things they want.
  • By avoiding a more public courtroom proceeding if you are able to avoid litigation. 
  • Give you and your spouse control over your assets more if you are able to come to an agreement without a judge needing to make decisions. 
  • By bringing in experts on resolving issues that have come up. 

What do I do if I feel like the mediator won’t take my side on anything? 

If you are concerned that there is a problem with the mediator or that your spouse is getting more out of this than you are, speak with your attorney. Your attorney will ensure that the mediator is not leaning more toward one side than the other. It is the mediator’s responsibility to assess what is going on with both parties and provide a fair agreement. However, your family law attorney may encourage you to continue pursuing litigation if they feel that an unfair deal has been made. Even if you do decide to pursue litigation, you may find that going through the mediation process helped you and your spouse resolve some of the problems that you had, making the litigation process smoother and quicker. 

How will the court determine our parenting arrangement? 

If you and your spouse are unable to come to an agreement regarding parenting time, a court will make this decision on your behalf. This means that they will create a schedule for you that you must abide by. The court makes this decision based on various pieces of evidence that points them in the direction of what is in the best interest of the children involved. The court will listen to things like:

  • What both parents want
  • What the children want
  • What school communities the parents can offer
  • What both parents’ relationships are like with the children

How is spousal support determined? 

Spousal support can be determined by various factors, including how long the marriage lasted, what each spouse’s needs are, and what each spouse’s earnings are. 

Hurst, Robin & Kay, LLC Chicago Family Law Attorney

Contact Our Family Law Firm for Legal Assistance

The above is just an overview of family law. Our firm assists clients with these matters and many more. If you need a dedicated advocate, call a Chicago family law attorney now; call Hurst, Robin & Kay, LLC.

If you are interested in seeking help from a family law attorney in Chicago, we are here for you. We know that if you are seeking help from a family attorney, you are likely dealing with a great amount of stress in your life and we would like to help take some of this burden off of your back. Family disputes, divorces, and child custody battles can all become quite messy and it is helpful to have an attorney on your side who can guide you through the process and give you the facts before making decisions and signing any documents. Want to see how we can help you? Call our office now.

Please be aware that you cannot agree not to pay child support nor can you two agree on a child support amount. All children are entitled to financial aid from their parents, and each state has a child support guideline regarding how much the non-custodial must pay the custodial parent each month. Also, it is in yours and your ex-spouse’s best interest if your agreement is in writing and signed by both of you.

You should also be aware that, although there isn’t a specific timeframe on how long it takes for an uncontested divorce to go into effect, whoever files for divorce must have resided in Illinois for a minimum of 90 days first.

It’s ideal to hire one of our experienced Chicago family law attorneys before moving forward with your divorce. This is because there are key steps to the divorce process that you’re likely to overlook, forget, or not know about until the divorce court judge throws out your case because you filed something improperly. For example, if you fail to file for divorce in the county where you or your spouse has resided for at least 90 days, which is the proper venue, a judge will dismiss your case. Not to mention, each county has different form requirements for uncontested divorces–our seasoned attorneys have handled hundreds of cases, so you can rest assured there’s a slim chance there will ever be a mistake of your form or that you filled out the wrong form.

Divorce is always a difficult process, and the payment of debts can be a definite stressor as you and your spouse attempt to resolve your differences and reach a mutually acceptable divorce settlement. If you are in this situation, it is essential that you achieve a marital debt division that is fair and equitable. In this case, you need the assistance that only an experienced Chicago family law attorney can give you.

Client Review

“John Kay handled my divorce. He made a very difficult situation manageable. He listened to me, responded in a timely manner and was not afraid to challenge the opposing attorney. I would recommend him to anyone facing this difficult life choice.” Liz Nesbit Client Review