May 12, 2019

Family Lawyer Lake Forest, IL

If you have scheduled a consultation with a Lake Forest, IL family lawyer employed by Hurst, Robin & Kay, LLC, you may have questions about how to prepare for our first meeting. Please know that this discussion will allow you to have your questions answered, be they about the divorce process, your unique circumstances and/or our firm’s approach to representation. As a result, one of the most beneficial things you can do when preparing to meet with us is to write any and all questions you have down as they occur to you. That way, you can refer to them during our discussion and will not be pressured to remember them without a reference.

Writing down questions is a relatively straightforward way to prepare for your consultation. But is there anything else you can do to ensure that your consultation is as efficient and comprehensive as you hope it might be? The answer to that question is, “Yes, indeed!”

family lawyer

Reasons To Hire a Family Lawyer

Navigating family law matters can be emotionally taxing and legally complex. Whether it’s dealing with divorce, child custody, or estate planning, having a skilled Family Lawyer in Lake Forest, IL, like the professionals at Hurst, Robin, Kay & Allen LLC, is invaluable. We understand the intricacies of family law and offer comprehensive legal services to protect your interests and guide you through challenging times.

Expert Guidance on Legal Matters

Family law encompasses a wide range of issues, each with its own set of legal complexities. Our expertise covers divorce, child custody and support, spousal maintenance, adoption, and estate planning. We stay abreast of the latest legal developments and use our knowledge to provide clients with the best possible advice and representation. This is crucial, as making uninformed decisions can lead to long-term financial and emotional consequences.

Objective Advice During Emotional Times

Family disputes can be emotionally charged, impacting your ability to make rational decisions. As your family lawyers, we provide an objective perspective, helping you navigate these emotions effectively. We aim to ensure that your decisions are based on sound legal advice, rather than being clouded by emotions. This objectivity is vital in cases where your actions and decisions can have long-lasting effects on your life and the lives of your loved ones.

Reducing Stress and Providing Support

Dealing with family law issues is often stressful. We take on the burden of legal processes, allowing you to focus on your well-being and family. From handling paperwork and court filings to representing you in negotiations and court hearings, we manage all aspects of your case. Our support extends beyond just legal advice; we understand the emotional aspects of family law matters and offer guidance to help you cope during this challenging time.

Protection of Rights and Interests

Our primary goal is to protect your rights and interests. Whether it’s securing a fair share of assets in a divorce, ensuring your parental rights are upheld, or drafting a will that accurately reflects your wishes, we are committed to achieving the best outcome for you. We use our negotiation skills and legal expertise to advocate on your behalf, ensuring that your voice is heard and your rights are protected.

Efficient Resolution of Disputes

We strive for the efficient resolution of disputes. While we are prepared to aggressively represent your interests in court, we also recognize the value of alternative dispute resolution methods like mediation. These approaches can often lead to quicker and less contentious resolutions, saving you time, money, and emotional strain. Our team is skilled in navigating these processes to find amicable solutions that serve your best interests.

Comprehensive Legal Support

At Hurst, Robin, Kay & Allen LLC, we provide comprehensive legal support throughout your case. This includes clear communication, regular updates on your case, and being available to answer your questions. We understand that family law matters can be overwhelming, and we are here to make the process as smooth and understandable as possible.

If you’re facing a family law matter, the assistance of a skilled Family Lawyer in Lake Forest, IL, is crucial. At Hurst, Robin, Kay & Allen LLC, we combine our legal expertise with compassionate client care, offering the guidance and support you need during these challenging times. We invite you to contact us and let our experienced team help you navigate your family law issues with confidence and peace of mind.

Dividing Marital Property

Divorce can be an emotionally and financially challenging time, especially when it comes to dividing marital property. At Hurst, Robin, Kay & Allen LLC, as experienced Family Lawyers in Lake Forest, IL, we understand the complexities of this process. We provide our clients with the guidance and support needed to ensure a fair and equitable distribution of marital assets.

What Constitutes Marital Property?

Marital property includes all assets and debts acquired by either spouse during the course of the marriage. This can include:

  • Real estate properties
  • Bank accounts and cash savings
  • Investments and retirement accounts
  • Vehicles and personal belongings
  • Business interests

Our role is to help identify and categorize these assets to prepare for the division process.

Equitable Distribution in Illinois

In Illinois, the law requires an equitable, not necessarily equal, division of marital property. This means that assets and debts should be divided fairly, though not always in a 50/50 split. Several factors are considered in determining what’s equitable, including:

  • The duration of the marriage
  • Each spouse’s contribution to the marital estate
  • The economic circumstances of each spouse
  • Custodial provisions for any children

We work with our clients to understand these factors and how they apply to their unique situation.

Valuing and Dividing Complex Assets

High-net-worth divorces or those involving complex assets require a meticulous approach. This can include:

  • Business Valuations: Businesses acquired or grown during the marriage need to be properly valued.
  • Retirement Accounts: These may require special orders like Qualified Domestic Relations Orders (QDROs) for division.
  • Real Estate: Determining the current market value and deciding whether to sell or retain real estate assets.

Our team collaborates with financial experts to ensure accurate valuations and fair division.

Debt Responsibility

Just as assets are divided, so too are marital debts. This includes mortgages, credit card debts, and loans. We help our clients understand their responsibilities and work towards solutions that protect their financial future.

Tax Implications and Long-Term Financial Planning

The division of marital property can have significant tax implications. We consider these implications in structuring settlements and advise on long-term financial planning to ensure our clients’ financial health post-divorce.

Negotiating and Drafting the Property Settlement Agreement

Negotiation skills are key in marital property division. We aim to reach an amicable agreement that meets our clients’ needs and goals. Once an agreement is reached, we meticulously draft the property settlement agreement, ensuring all terms are clear and enforceable.

At Hurst, Robin, Kay & Allen LLC, we understand the emotional and financial complexities involved in dividing marital property. As your Family Lawyer in Lake Forest, IL, we are committed to providing expert guidance and support throughout the divorce process. Our approach is tailored to protect your interests and secure a fair and equitable outcome. If you’re facing the challenge of dividing marital property, we invite you to reach out to us for comprehensive legal support.

Child Custody and Visitation

Child custody and visitation are some of the most sensitive and critical aspects of family law. At Hurst, Robin, Kay & Allen LLC, as dedicated Family Lawyers in Lake Forest, IL, we specialize in navigating these complex and emotionally charged matters. Our goal is to ensure that the best interests of the children are at the forefront while also respecting the rights and concerns of the parents.

Types of Child Custody

Child custody can be broadly categorized into two types:

  • Physical Custody: This refers to where the child will live. It can be sole, where the child resides with one parent, or joint, where the child spends significant time with both parents.
  • Legal Custody: This involves decision-making authority regarding the child’s education, health care, and religious upbringing. Like physical custody, legal custody can be either sole or joint.

We work with our clients to understand their specific situations and help them determine the most suitable custody arrangement for their children.

Developing a Parenting Plan

A well-thought-out parenting plan is essential in any child custody case. This plan outlines how parents will share time and make decisions about their child’s upbringing. Key components include:

  • Living Arrangements: Where the child will live and the schedule for visiting the other parent.
  • Decision-Making: How decisions regarding education, healthcare, and other important aspects will be made.
  • Holiday and Vacation Schedules: Arrangements for holidays, school breaks, and special occasions.
  • Communication Guidelines: Methods and frequency of communication between the child and each parent.

We assist in crafting a detailed parenting plan that addresses these points, always prioritizing the child’s best interests.

Factors Influencing Custody and Visitation Decisions

In determining custody and visitation, several factors are considered, including:

  • The Child’s Best Interests: This is the paramount consideration, encompassing the child’s health, safety, and emotional well-being.
  • The Parent-Child Relationship: The strength of the bond between the child and each parent and each parent’s involvement in the child’s life.
  • Parental Ability: Each parent’s ability to provide a stable, loving environment.
  • The Child’s Wishes: Depending on the child’s age and maturity, their preferences may be considered.

Our role is to present a compelling case that reflects these factors, always keeping the child’s welfare as the primary focus.

Modifications to Custody and Visitation

Custody and visitation arrangements are not set in stone. Life changes, such as relocation, changes in employment, or shifts in the child’s needs, can necessitate modifications. We guide our clients through the process of seeking or contesting these modifications, ensuring that any changes serve the child’s best interests.

Navigating child custody and visitation issues requires sensitivity, legal expertise, and a deep understanding of family dynamics. At Hurst, Robin, Kay & Allen LLC, we bring compassion and professional acumen as Family Lawyers in Lake Forest, IL, providing our clients with the guidance and support they need during these challenging times. Whether you are seeking to establish a custody arrangement, modify an existing one, or need assistance with visitation issues, we are here to help you navigate the legal system with your child’s best interests at heart.

Spousal Support

Spousal support, often referred to as alimony, is a critical aspect of many divorce proceedings. At Hurst, Robin, Kay & Allen LLC, as experienced Family Lawyers in Lake Forest, IL, we understand the complexities and sensitivities involved in spousal support cases. We are committed to ensuring that our clients receive fair and equitable treatment during these proceedings, whether they are seeking support or required to provide it.

Understanding Spousal Support

Spousal support is designed to provide financial assistance to a spouse who may have lesser financial resources or who might have sacrificed career advancements for the betterment of the family. It aims to help the recipient spouse maintain a standard of living similar to that enjoyed during the marriage. The nature of spousal support can vary significantly based on the length of the marriage, the needs and capabilities of each spouse, and other relevant factors.

Determining Spousal Support

Several key factors are considered in determining spousal support, including:

  • Duration of the Marriage: Longer marriages often result in longer periods of spousal support.
  • Income and Financial Resources: The disparity in income and financial resources between the spouses is a critical factor.
  • Age and Health of the Spouses: The age and physical and emotional health of both parties can impact spousal support decisions.
  • Standard of Living During the Marriage: The lifestyle enjoyed by the spouses during the marriage is considered in determining support amounts.
  • Contributions to the Marriage: This includes both financial contributions and non-financial contributions, such as homemaking or raising children.

As your Family Lawyers, we take all these factors into account when advocating for your interests, whether you are seeking spousal support or are required to pay it.

Types of Spousal Support

There are different types of spousal support that can be awarded:

  • Temporary Support: Provided during the divorce proceedings.
  • Permanent Support: May continue for a set period or until certain conditions are met, such as the remarriage of the receiving spouse.
  • Rehabilitative Support: Intended to support a spouse until they can become self-sufficient, often through re-education or re-entering the workforce.

We assist our clients in understanding these types and what might be applicable in their specific situation.

Modifications and Enforcement

Spousal support orders are not static and can be modified under certain conditions, such as a significant change in financial circumstances. If issues arise with the enforcement of spousal support orders, legal action may be necessary. Our team is skilled in handling both modifications and enforcement issues, ensuring that our clients’ rights are protected.

Negotiating Spousal Support

Negotiating spousal support can be one of the more contentious aspects of a divorce. We aim for amicable resolutions through negotiation or mediation but are prepared to vigorously represent our clients’ interests in court if necessary.

Spousal support is a complex and often contentious issue in divorce proceedings. At Hurst, Robin, Kay & Allen LLC, as dedicated Family Lawyers in Lake Forest, IL, we provide the expertise and support necessary to navigate these challenges. Our approach is tailored to the unique circumstances of each client, ensuring that their financial interests and rights are adequately represented and protected. If you are facing a divorce and have concerns about spousal support, we invite you to reach out to us for comprehensive legal assistance.

Prenuptial vs. Postnuptial

At Hurst, Robin, Kay & Allen LLC, we understand the intricacies involved in drafting and enforcing both prenuptial and postnuptial agreements. These documents, while similar in their intent to protect assets and outline responsibilities, differ in their timing and specific applications. In this article, we aim to elucidate the differences and benefits of prenuptial and postnuptial agreements.

Prenuptial Agreements: Proactive Financial Planning Before Marriage

A prenuptial agreement is a legal contract entered into before marriage, outlining the division of assets and spousal support in the event of divorce or death.

  • Asset and Debt Distribution: It includes provisions for the division of both assets and debts.
  • Spousal Support: Terms regarding alimony or maintenance in case of divorce.
  • Protection of Assets: Especially important for protecting individual assets, family inheritances, or business interests.
  • Encourages Financial Transparency: Promotes an open discussion about finances before marriage.
  • Protects Individual Interests: Safeguards personal assets and investments.
  • Reduces Future Conflicts: Provides a clear roadmap for handling financial matters in case of marital dissolution.

Postnuptial Agreements: Safeguarding Interests After Marriage

A postnuptial agreement is similar to a prenuptial agreement but is executed after the couple is already married.

Scenarios for Drafting

  • Changes in Financial Status: Significant changes in income, inheritance, or business ownership.
  • Reconciliation Agreements: Sometimes used as a tool for couples working through marital issues.
  • Update to Prenuptial Agreements: Adjusting terms of a prenup to reflect current circumstances.

Advantages

  • Adaptability to Changing Circumstances: Can address changes in financial situations or marital dynamics.
  • Reinforcement of Marital Commitment: Can be used to reaffirm commitment to the marriage while addressing financial concerns.
  • Protects Children’s Future: Ensures financial protection and provision for children from previous relationships.

Legal Considerations and Validity

  • Voluntary and Informed Consent: Both parties must enter into the agreement voluntarily and with full disclosure of all assets.
  • Fair and Reasonable: The terms should be fair and not favor one party disproportionately.
  • Legal Counsel: It’s advisable for each party to have independent legal representation to ensure their interests are protected.

Whether considering a prenuptial or postnuptial agreement, it’s crucial to understand the implications and benefits of each. As family lawyers at Hurst, Robin, Kay & Allen LLC in Lake Forest, IL, we are committed to providing our clients with clear, comprehensive legal guidance in these matters.

If you’re contemplating a prenuptial or postnuptial agreement, let us assist you in making informed decisions that protect your future. Contact Hurst, Robin, Kay & Allen LLC for expert legal advice and support tailored to your unique situation. Together, we can ensure that your marital agreement aligns with your individual needs and goals.

If your divorce attorney is promising you a certain amount of money and says you will not be paying spousal support, it may be time to look for another attorney. You want a divorce attorney who will not simply tell you what you want to hear. You need someone from a reliable family law firm in Lake Forest, Illinois who will take the time to understand your real-life problems so they can provide you with real-life answers.

To see how our family attorneys from a family law firm in Lake Forest, Illinois can help you through this difficult time, please give Hurst, Robin & Kay, LLC a call now.

Post Divorce Disputes

Divorce marks a significant transition in the lives of all involved, bringing about a multitude of changes and adjustments. However, the finalization of a divorce decree does not always signify the end of disputes between ex-spouses. Post-divorce disputes can arise, necessitating continued legal support and guidance. At Hurst, Robin & Kay, LLC, we understand the complexities of these challenges and are here to offer our expertise to those navigating this difficult terrain.

Common Post-Divorce Disputes

Post-divorce disputes can vary widely but often revolve around the following areas:

  • Child Custody and Visitation: Changes in circumstances or disagreements over parenting time can lead to conflicts.
  • Child Support: Adjustments to financial situations may prompt requests for modification of child support.
  • Alimony/Spousal Support: Similar to child support, changes in income or living conditions can trigger disputes over alimony.
  • Division of Assets and Liabilities: Disagreements may emerge regarding the interpretation or implementation of the division of assets and liabilities outlined in the divorce decree.
  • Enforcement of Court Orders: Challenges in enforcing existing court orders, including those related to property division, support, and custody, can lead to legal conflicts.

Strategies for Managing Post-Divorce Disputes

At Hurst, Robin & Kay, LLC, we advocate for a proactive and strategic approach to managing post-divorce disputes. Key strategies include:

  • Open Communication: Encouraging open and respectful communication between ex-spouses can often resolve minor disputes before they escalate.
  • Mediation: Utilizing mediation services to facilitate discussions and reach mutually agreeable solutions without court intervention.
  • Legal Modification: When changes in circumstances are significant, it may be necessary to legally modify court orders related to support, custody, or visitation.
  • Enforcement Actions: In cases where compliance with court orders is an issue, legal action may be required to enforce the terms of the agreement.

Navigating post-divorce disputes requires not only a deep understanding of family law but also a strategic approach tailored to the unique circumstances of each case. As your Family Lawyer Lake Forest, IL, Hurst, Robin & Kay, LLC offers comprehensive legal services designed to address and resolve post-divorce disputes effectively. Our role includes:

  • Assessment and Advice: We begin by assessing the specifics of your situation, offering professional advice on the best course of action.
  • Representation: Whether through negotiation, mediation, or courtroom representation, we stand by your side to advocate for your interests.
  • Documentation and Filings: We handle all necessary legal documentation and filings, ensuring compliance with all procedural requirements.
  • Support and Guidance: Throughout the process, we provide ongoing support and guidance, keeping you informed and empowered to make decisions.

At Hurst, Robin & Kay, LLC, we pride ourselves on our commitment to our clients. Our team of experienced attorneys brings a wealth of knowledge and a personalized approach to each case. We understand the emotional and financial complexities of post-divorce disputes and are dedicated to achieving the best possible outcomes for those we represent.

Family Law FAQs

What are the grounds for divorce in Lake Forest, IL?

In Lake Forest, IL, as in the rest of Illinois, a divorce can be granted on the grounds of “irretrievable breakdown” of the marriage. This no-fault approach means that it’s not necessary to prove wrongdoing, such as adultery or abuse, to obtain a divorce. Instead, one must demonstrate that efforts at reconciliation have failed or that future attempts at reconciliation would be impractical and not in the best interests of the family. This shift towards no-fault divorce reflects a modern understanding of marital dissolution, focusing more on resolving issues amicably than on assigning blame.

How is child support calculated in Lake Forest, IL?

Child support in Lake Forest, IL, is calculated using the “Income Shares” model, which considers the combined income of both parents and the number of children. This model aims to ensure that the child(ren) receives the same proportion of parental income that they would have if the parents were still together. The court considers both parents’ incomes, the needs of the child(ren), and factors like healthcare and education expenses. Additionally, adjustments may be made for shared parenting arrangements where children spend a significant amount of time with each parent.

Can a spousal support agreement be modified post-divorce in Lake Forest, IL?

Yes, in Lake Forest, IL, a spousal support agreement can be modified post-divorce if there is a significant change in circumstances. This can include changes like a substantial increase or decrease in either party’s income, loss of employment, or health issues that affect the ability to earn or need for support. Either party can file a motion in court to request a modification, and the court will review the case to determine if the changes justify altering the support terms.

How is marital property divided in Lake Forest, IL, if one spouse owns a business?

In Lake Forest, IL, if one spouse owns a business, it’s typically evaluated and treated as a marital asset during property division in a divorce, especially if it was established or grew during the marriage. The business will need to be valued, which can be complex and may require financial experts. The court then decides how to equitably divide this asset, which could involve one spouse buying out the other’s share, selling the business and dividing proceeds, or continuing joint ownership in some form.

What are grandparents’ rights regarding visitation in Lake Forest, IL?

In Lake Forest, IL, grandparents may have the right to request visitation with their grandchildren under certain circumstances. This is particularly considered when one parent is deceased, missing, or incarcerated, or if the parents are divorced or legally separated. The court will consider several factors, including the grandchild’s best interests, the health and safety of the child, the grandchild’s wishes (depending on age and maturity), and the nature of the grandparent-grandchild relationship. However, these rights are not automatic, and the parents’ rights to make decisions for their child are given significant weight.

Hurst, Robin & Kay, LLC Lake Forest Family Lawyer

222 E. Wisconsin Ave Suite 4B Lake Forest, IL 60045

Lake Forest Family Lawyer Google Review

“I have been a client of Olga Allen’s over the past year for several family law issues and would highly recommend her to other women looking for representation. She is able to empathize with me as a working mother while providing an objective perspective on the legal issues related to my case. She is very smart, professional, responsive, honest, approachable and friendly. I have complete confidence in her and trust that my family’s best interests are in good hands.” – Laurin S.

Schedule Your Consultation Today

At Hurst, Robin, Kay & Allen LLC, our team of skilled Family Lawyers in Lake Forest, IL, is dedicated to providing exceptional legal support in all facets of family law. Whether navigating the complexities of divorce, addressing child custody and support, handling spousal maintenance, or tackling property division, we approach each case with a blend of compassion, professionalism, and expertise. Our commitment is to ensure that our clients’ rights are protected and their voices heard, offering tailored solutions that meet their unique needs and circumstances. With our in-depth knowledge and client-focused approach, we stand as a pillar of support and guidance for families navigating legal challenges in Lake Forest, IL.

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