July 15, 2020 Hurst, Robin & Kay

Chicago Family Law Attorney

Your Dedicated Family Law Attorney

Our Chicago family law attorney understands how complicated the family unit can be. After all, it includes the most important people. 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. Our attorney has experience addressing the concerns, obligations and rights of all family members, including children and domestic partners, as well as, same-sex marriages, divorce, child abuse, and domestic violence. 

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

Table of Contents

Child Custody

In child custody cases, attorneys play a crucial role in representing parents’ interests. We can help demonstrate a parent’s eligibility for custody, often involving legal and emotional aspects. Child custody isn’t always decided in court. Lawyers can often negotiate out-of-court agreements for joint or sole custody, considering factors like the child’s best interests, parental abilities, and unique family circumstances.

Child Support 

Determining child support involves a range of factors, including each parent’s income, the child’s needs, and the parents’ living expenses. Our lawyer will help you to arrive at a fair and legal amount of support. We can also assist in modifying support orders when circumstances change and in enforcing support agreements if a parent fails to pay.

Divorce

Divorce cases encompass a broad spectrum of issues, including alimony (spousal support), division of assets and debts, child custody and support, and more. Our attorneys guide clients through the legal process, from filing for divorce to finalizing agreements or court orders. We provide counsel on legal rights and obligations, negotiate settlements, and represent clients in court if necessary.

Parenting and Visitation Problems 

Our Chicago family law attorney negotiates visitation schedules that protect the child’s welfare and the parents’ rights. This includes determining the frequency and duration of visits, holiday schedules, and guidelines for special circumstances. We also handle disputes that may arise over visitation rights and work towards solutions that serve the child’s best interests.

International Family Issues

In cases involving international elements, such as cross-border custody disputes or immigration issues related to family law, our attorneys offer specialized knowledge. We assist with understanding international laws, treaties, and regulations, so that proper legal procedures are followed for issues like international relocation, abduction, and compliance with foreign court orders.

Our family lawyer provides critical support and guidance across a range of family-related legal matters, helping clients to achieve outcomes that are in the best interests of their families.

Managing Your Finances During Divorce

Divorce is a challenging process, and effective financial management is crucial for a smooth transition into post-divorce life. Here are detailed strategies and considerations for managing your finances during a divorce.

Assessing Prenuptial Agreements

First, examine if you and your spouse have a prenuptial agreement. This agreement can significantly influence how assets are divided, potentially superseding state laws. Understanding the terms of a prenup is essential in planning asset division and financial settlements.

Updating and Separating Bank Accounts

Joint bank accounts require immediate attention. It’s advisable to establish individual checking and savings accounts, so that future incomes and expenses are managed separately. This separation is important for two main reasons: it simplifies the division of assets and protects you from potential financial misconduct by your spouse, such as accruing debt that could affect your credit score.

Retirement Portfolio Adjustments

Divorce can necessitate changes to your retirement plans. This includes updating beneficiaries on life insurance policies and retirement accounts. If your spouse is currently a beneficiary, consider changing this to a child or another relative. Additionally, consult with your company’s HR department regarding any 401(k) plans or pensions, and understand the implications of withdrawing or closing these accounts, as your spouse might be entitled to a portion of these assets.

Comprehensive Document Collection

Gather all critical financial documents, which is a vital step in understanding and dividing marital assets. This includes bank statements from joint accounts, credit card statements, mortgage information, life insurance policies, and investment portfolio statements. These documents not only aid in asset division but also provide a clear picture of your marital standard of living, which is essential when restructuring your budget for a single-income lifestyle.

Planning for a New Financial Reality

Post-divorce life often means adjusting to a new financial reality. By following these steps, you can work toward a more organized and less stressful transition. It’s important to work closely with our family lawyer to address these changes effectively and set yourself up for a stable financial future post-divorce.

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. 

  • 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.

  • 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. 

  • 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.

  • 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. 

  • 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 our family attorney, who may be able to help you with a marriage separation that will take your children into account.

Chicago Family Law Infographic

5 Ways to Consider Your Children When Separating from Your Spouse

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 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 our experienced family lawyer.

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.

How do I file for divorce?

If this is your first divorce or you’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 to divorce in Illinois, you have 30 days to file an appearance or hire our 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.

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?

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?

Our family lawyer 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 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)

Hurst, Robin, Kay & Allen, LLC Chicago Family Lawyer

30 N La Salle St #1210, Chicago, IL, 60602

Contact Our Chicago Family Law Attorney Today

At Hurst, Robin, Kay & Allen, LLC, we pride ourselves on our commitment to our clients. Our Chicago family law attorney bring years of experience and a deep understanding of Illinois family law to the table. We approach each case with empathy and professionalism, recognizing the emotional and financial stakes involved. We believe in clear communication, transparency, and strategic planning. From the initial consultation through the final resolution, we stand by our clients, offering guidance, support, and strong advocacy.

If you are facing the daunting prospect of dividing property during a divorce or separation, let us help you. Our firm has helped thousands of individuals and families in Chicago and the surrounding suburbs. We understand the challenges of this process and are here to provide the legal support you need. Together, we can work towards a resolution that protects your interests and sets you on a path to a secure financial future.

Remember, in matters of property division, having experienced legal representation can make all the difference. We invite you to reach out to us for a consultation. Let’s discuss your situation, explore your options, and develop a strategy tailored to your specific needs. Our team on your side, you can move forward with confidence, knowing that your case is in capable hands.

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