WHAT IS FAMILY LAW?
Family Law is the emotionally charged area of law that deals with family relationships. This includes relationships with spouses, children, grandparents, stepparents, stepsiblings, and domestic partners. The term “Family Law” is sometimes used interchangeably with “Divorce Law” but many people refer to family law when the case involves family members outside of a divorce situation.
Most of my clients experience a roller coaster of raw feelings from anger to sadness when dealing with a legal matter related to family law. They want their children well cared for and are dealing with new, and oftentimes unexpected, sets of circumstances that are hard to process. They also want what is best for themselves. No matter which side, everyone has different expectations. When you hire me as your family lawyer, I am on your side and will fight for your legal rights.
WE HANDLE ALL AREAS OF FAMILY LAW
A family law attorney must have empathy and compassion for your family situation yet at the same time, have a firm hand and a strong approach to your individual needs. If you for a family lawyer in Northbrook, Glenview, or anywhere in the North Shore or greater Chicago area, I have the necessary skills and experience to handle anything that might come up, including manipulative spouses and intimidating opposing attorneys. Although a case may start off peacefully, very few family law cases are amicable throughout. It is a process that often becomes highly emotional.
As one of the best attorneys for family law in Illinois that has a track record of success over my 30+ years as a divorce and family law attorney, I understand what you are going through. We are with you each step of the way and set realistic goals, so you are not blind-sided. Our law firm also has the resources to help you such as therapists and family law counselors. Although we represent clients in the North Shore and the greater Chicago area in divorce, there is much more that we do as family lawyers.
Most family law cases in Illinois will be governed by some combination of the Illinois Marriage and Dissolution of Marriage Act, found in Chapter 750 Illinois Compiled Statutes Act 5/501, and many different case law decisions from Illinois Appellate Courts and the Illinois Supreme Court. Understanding family law cases and court decisions require skill and experiences developed over many years. A self-represented person should not assume that their own reading of state laws will suffice to understand the ins and outs of divorce courtrooms because many of the most common meanings of certain terms and phrases are not necessarily equal to the legal definitions.
Areas of Family Law Include:
Some of the different family law practice areas our law firm handles include:
- Divorce — Illinois is a no-fault divorce state, meaning that usual grounds for a divorce such as adultery, drunkenness, or domestic violence do not exist and are not necessary to obtain a divorce. The only grounds for divorce in Illinois are irreconcilable differences. Under the Illinois Compiled Statutes, irreconcilable differences occur when there is an irretrievable breakdown of the marriage and efforts at reconciliation have either failed or future attempts at reconciliation will be impracticable and not in the best interests of a family. If a couple does not agree that their marriage is irreconcilably over, Irreconcilable differences will be irrebuttable presumed when the parties have lived separately and apart continuously for not less than the six months that immediately precede the entry of the judgment dissolving the marriage. When spouses have continued to live together, they will need to agree to or prove that there has been a breakdown in their marriage and that all efforts at reconciliation have failed with future attempts to reconcile not being in the best interest of the family.
- Parenting Plans & Divorce — The parenting plan is a document that establishes who will be making decisions for a child and how such decisions will be made. Every parent must file a parenting plan within 120 days of asking a court for parental responsibilities, or parents can file one joint parenting plan outlining parental responsibilities. When the parents cannot come to an agreement, they each have to file their own parenting plans, and a court can hold a hearing to determine the outcome based on the child’s best interests.
- Custody Rights, Child Custody, & Allocation of Parental Responsibilities — In most divorce and parentage cases, parents are encouraged to formulate their own agreements regarding their children. Although many people still use the term “custody” when referring to a parent’s right to make the important decisions regarding their child, Illinois now employs a more modern approach. The focus today is on allocating the right to make the significant decisions about a child among the parents. Significant decisions relate to a child’s education, health care, extracurricular activities, and religion. If parents cannot agree on who makes the significant decisions, then a judge has many tools and processes he or she can implement to assist in an agreement, and in the absence of one, the judge will determine it.
- Parenting Time and Visitation — The term “visitation” has been updated with the modernized concept of parenting time. Both parents will have individual parenting time with the child, based on the child’s best interests. There is no predetermined or default schedule used in all cases. Further, there is no presumption that both parents will have an equal amount of parenting time. Rather, as mentioned, the schedule will be customized to match the child’s best interests. Optimally, parents can agree on the schedule. When they cannot, the judge decides.
- Mediation —When a couple has minor children but has not reached an agreement on the allocation of decision-making or parenting time, then the court will often order them to mediate those issues. Illinois Supreme Court Rule 905 governs mediation and establishes that every judicial circuit must establish a program to provide mediation for cases involving custody/ allocation of parental responsibilities of a child, relocation of a child, or other visitation/ parenting time issues. In mediation, a neutral third-party mediator assists parents to reach agreements on contested issues Everything you say in mediation should be confidential, meaning that a mediator and the parties cannot reveal what transpires in mediation, even to a judge. Mediators are neutral and therefore they cannot testify in court.
- Child Support — In Illinois, parents have a basic responsibility to provide financial support for their child. The state has official child support guidelines in place to help ensure that all parents contribute their fair share to support their families. The primary factors for calculating child support are the net income of each parent, the number of minor children, the parenting schedule, and the cost of health insurance. Under the law, there is a rebuttable presumption that the amount determined under the guidelines is the proper amount. For a judge to order a different amount, she must outline in writing why she is deviating from the guidelines. Child support is generally paid until a child’s eighteenth birthday or the date of his high school graduation, whichever is later (unless the child is still in high school after their 19th birthday, in which case support is cut off on that date). There are some very limited exceptions for disabilities and medical needs where financial assistance could extend beyond the normal guidelines.
- Maintenance — Also known as spousal support or alimony, maintenance intends to provide financial assistance to a spouse for a period of time after the divorce and in some cases during the divorce process. Maintenance or alimony may be temporary or long-term. Maintenance may be for a fixed term, meaning there is a date or event on which payments end, indefinite, meaning that maintenance continues until a court modifies or terminates it because of a substantial change in circumstances, or reviewable, meaning that a court retains the right to revisit the award and can renew, modify, or cancel it at a later date.
- Pre-& Post-Marital Agreements — A prenuptial agreement is a contract couples enter before they marry and sets forth the terms of a separation, divorce, and/or the disposition of property upon death. A postnuptial agreement, on the other hand, sets forth many of the same terms but is entered into after a couple marries. A primary purpose of a prenuptial or postnuptial agreement is to alter what the law otherwise provides in the event of divorce. Other goals are to make divorce less contentious, less time-consuming and to keep attorney fees to a minimum. These goals are often accomplished by setting forth defined outcomes, formulas, and processes.
- Domestic Violence & Orders of Protection — An order of protection in Illinois is a court order that restricts an abusive party and is only available to family or household members. Illinois law’s definition of family or household members include those who are related by blood, people who are either married or used to be married, people who share or used to share either a home, apartment, or other common dwelling, people who have or allegedly have children in common or a blood relationship through a child in common, people who are dating, engaged, or used to date, including same-sex couples, and people with disabilities and their personal assistants. Orders of protection can be obtained in a divorce case, criminal case, or independent of another case. Common relief available in orders of protection are prohibitions to commit physical abuse, harassment, stalking, interference with personal liberties, intimidation of a dependent, or willful deprivation. If the two parties share a common residence, it may be possible to have the abusive party removed from the residence.
- Parentage & Paternity — Parentage refers to the legal relationship between a child and their parent. In cases where the parents were never married, parentage must be established before child support, parenting time, or decision-making power can be ordered. Parentage includes both maternity (mother and child relationship) and paternity (father and child relationship). Parentage may be established through a Voluntary Acknowledgement of Parentage (VAP), a Department of Healthcare and Family Services (DHFS) hearing, or spouses going to court. Once parentage is established, child-related issues will be determined in the same fashion as they are handled in a divorce case.
- Annulments — An annulment differs from a divorce in that the latter ends a legal marriage while the former is essentially a determination that the marriage did not exist. Under 750 ILCS 5/301, there are four reasons why a marriage may be annulled, legally referred to as a declaration of invalidity of marriage. If considering an annulment, it is important to know that there are time limits in which one must ask for an annulment. Read more on the Basics of Annulment in Illinois here.
- Post-Divorce Enforcement & Modification — Divorce and paternity decrees are customarily considered to be final when an Illinois court enters them, but there are certain situations that may justify future modifications. Common kinds of such situations may include possible job loss by a parent making payments to another parent, unforeseen medical expenses for a child, or one spouse remarrying or experiencing a major change in financial circumstances. Portions of divorce decrees, such as the division of property, can never be modified. Other terms like alimony may be modifiable under some circumstances and non-modifiable under others.
EMOTIONS RUN HIGH IN FAMILY LAW DISPUTES
Most of my family law clients experience a roller coaster of raw feelings from anger to sadness. They want their children well cared for and are dealing with new, and oftentimes unexpected, sets of circumstances that are hard to process. They also want what is best for themselves. No matter which side, everyone has a different expectation. When you hire me as your family law attorney, I am on your side and will fight for your legal rights.
ATTRIBUTES OF A FAMILY LAWYER
A family law attorney must be able to have empathy and compassion for your family situation yet at the same time, have a firm hand and a strong approach to your individual situation. There can be a lot of family drama. Very few family law cases are amicable throughout. It is a process that often becomes highly emotional. I am experienced to handle anything that might come up, including manipulative spouses and intimidating opposing attorneys.
FAMILY IS EVERYTHING
Family consists of some of the most important people in our lives, especially our children. However, family dynamics can be complicated. We want the best for our family but even in the highest functioning of families, none is perfect. Marital issues or problems with other family members can change family relationships. My team and I understand what you are going through. We are with you each step of the way. We set realistic goals, so you are not blind-sided. We also have the resources to help you such as therapists and family counselors.
YOU CAN RELY ON CHICAGO FAMILY LAWYER MICHAEL CRAVEN
As a highly experienced and knowledgeable attorney, I am well qualified to handle any situation that may arise. Reading my client testimonials and my peer recognitions from my attorney colleagues, you will feel more than reassured about having me represent you. I am fair yet very tough and know the intricacies of complicated family law. I am extremely current and have an excellent team of lawyers and staff who work alongside me in areas related to family law.
CONTACT OUR EXPERIENCED CHICAGO FAMILY AND DIVORCE LAWYER
Michael C. Craven is an experienced and reliable family lawyer in Chicago. You deserve legal representation from an attorney who will put time and resources into getting you the best outcome. If you have any questions or concerns about your family law rights or legal options, we can help. Contact our legal team at (312) 621-5234 for a completely confidential consultation. With an office in Chicago, we offer family law services throughout the area.
