At Tommalieh Law, our Aurora family lawyers use an effective, client-focused philosophy in advocating for the rights and interests of our clients. We handle a wide range of family law and divorces issues--whether you need help to file for a divorce, respond to divorce papers, get a fair share of the marital estate, or protect your parenting rights, we’re ready to help you.
For a free and confidential initial consultation with our team of experienced Aurora family attorneys, please call Tommalieh Law at (708) 232-0017, or chat with us online.
What does a Family Lawyer do?
Family lawyers handle matters affecting the family. They deal with family issues concerned with family members. These legal issues include divorce, child custody, child support, and prenuptial agreements among others. Family attorneys act as mediators during family disagreements. Also, they represent litigants in family disputes that go to trial. Here are some things family lawyers do:
- Handling divorce matters. Going through a divorce is one of the most draining experiences a family can face. Emotions may set in, making it impossible for a couple to settle amicably. In such a scenario, a family lawyer can act as a mediator, and assist both parties to approach the issue rationally and within the law. Thus, our competent Aurora family attorneys can help couples in the process of divorcing to settle fairly without having to go to trial. Here are some good questions to ask a divorce lawyer.
- Handling child custody agreements. When a couple divorces or separates, one of the tough issues is deciding what happens to their children. Following a divorce, couples must agree on how to take care of their shared children in the new agreement. Child custody is an agreement where both parents have to adhere to the terms therein. Our competent team of lawyers help parents that are parting ways to draft child custody agreements.
- Handling prenuptial agreements. A prenuptial agreement is a contract that a couple signs before marriage or a civil union. Although the content of prenuptial agreements varies from one couple to another, it spells out the provisions of alimony and property division in the event of a breakup or divorce. Our Aurora divorce attorneys can help you draft a prenuptial agreement and handle any matters that may arise from the agreement according to the law.
- Represent couples in court. Family law attorneys help people to settle family disagreements outside court, however, some of these cases still end up in courts. In such situations, family lawyers are better equipped to help litigants get justice. These lawyers handle such cases frequently, and so they have the legal knowledge and practical experience to help you navigate through the complex jungles of family law and make sure you get justice and a fair outcome.
The importance of family lawyers can’t be overemphasized. They help couples handle family disputes rationally without allowing emotions to crowd their judgment.
Our DuPage family lawyers have the expertise to help you settle issues relating to divorce, child custody, child support, alimony, prenuptial agreements, and order modifications among other legal issues affecting families. So, if you have a family legal issue that needs a rational approach, contact us today.
When should you consult a divorce lawyer?
Deciding when to consult a divorce lawyer is a major step and the way you file your divorce can have a tremendous impact on you, your spouse, and your children. Mostly, couples hire a divorce attorney to protect their rights and offer legal counsel throughout the process.
However, many divorcing couples may be hesitant to consult a divorce attorney for several reasons, including the cost of an attorney and the stress it can add to the situation. Often, divorcing couples wonder if they can go through the divorce process without an attorney. In Illinois, these can happen if you file for a no-fault divorce, or an uncontested divorce, which doesn’t require any help from an attorney, or you can work with a divorce mediator.
However, before you decide to go through the divorce proceeding without consulting a divorce, make sure you and your spouse meet the following conditions:
- Both parties must want a divorce.
- Both parties must be active in the divorce proceedings.
- Both you and your spouse must be willing, and able to make decisions.
- Both parties must agree to disclose all their assets and liabilities.
If you and your spouse agree on all the terms of your divorce, then you can file for an uncontested divorce without the help of a divorce attorney. However, it’s advisable to have an attorney look through your agreement, even in an uncontested divorce, to make sure your rights and interests aren’t violated. Also, a divorce attorney can make sure the court will accept your agreement, and that you are not overlooking any important matters that could arise in the future.
Thus, even in an uncontested divorce, it’s a good idea for each party to consult an attorney, at least to look over the agreement to check for problems and legal risks.
How does Child Custody Work?
In sole custody, the child lives with the custodial parent, and that parent can make all the decisions affecting the child. The non-custodial parent can’t make major decisions, but only day-to-day decisions while the child is in their care.
Under either sole custody or joint child custody, the non-custodial parent is required to pay child support to the custodial parent. The type of custody in place doesn’t affect the amount of visitation for the non-custodial parent. In either sole or joint child custody, the non-custodial parent may be awarded more time with the child if the court deems it in the best interests of the child.
When parents can’t agree on custody, the court awards custody to a parent based on the child’s best interests. The court considers the following when determining the best interests of the child:
- The wishes of either parent regarding their custody.
- Whom the child wishes to be their custodian (if the circumstances are appropriate).
- The interaction and relationship of the child with either party.
- The mental and physical state of either party.
- The occurrence of ongoing abuse as stated by the Illinois Domestic Violence Act whether it’s directed against the child or another person.
- Whether either parent is a sex offender.
Who pays child support?
Both parents have the responsibility to support the child financially. This entails taking care of the needs of their child, whether they may be emotional, mental, or physical. To make sure that both parents provide their fair share for their child, the court may put child support orders in place, forcing either or both parents to pay a part of their monthly income to the other party for child support.
Often, one parent ends up with more physical custody of the child than the other. This makes it easier to determine which parent should pay child support. Since the parent with more physical custody is already providing financially for the child than the other parent, the court orders the parent with less physical custody to pay child support to make up for the money they’re saving by not taking care of the child.
Typically, the money the non-custodial parent would have spent taking care of the child had the child been in their custody is given to the custodial parent so that the custodial parent can use it to pay for the child’s expenses.
Who Needs a Prenuptial Agreement?
Contrary to popular belief, prenuptial agreements aren’t just for the rich. Although prenuptial agreements are used to protect the assets of the rich, couples with modest finances are increasingly turning to them for their own reasons. Here are some reasons that some spouses want prenuptial agreements:
- To pass separate property to children from previous marriages.
- To define financial rights and responsibilities during marriage. To avoid disagreement in case of a divorce.
- To protect themselves from debts. Prenuptial agreements can protect spouses from each other’s debts.
It’s apparent that prenuptial agreements are healthy contracts to enter before marriage, and they’re necessary for the best interests of all parties involved. Our attorneys have extensive experience in drafting prenups. We can help you and other parties to draft the most protective prenuptial agreement, to protect you and your spouse as you enter your new marriage.
Do I Need A Family Lawyer to File an Order for Modifications?
Anyone can file order modifications paperwork with the court clerk and hope for the best. However, for the best outcome, having an experienced family law attorney by your side to review and guide you through the process of filing the necessary paperwork can make sure you’re doing everything the right way. Terms and stipulations for order modifications can be tricky, so you need a family attorney by your side to help you.
An experienced family attorney can make sure you present your case to the judge as coherently and sympathetically as possible. Also, a family attorney can help with wording and reworking of stipulations, to make sure your request for order modification isn't misinterpreted.
Contact Our Aurora Family Lawyers Today!
Family law issues cut deep to the core of our lives. So, you must have a family attorney whom you can depend on to protect your rights and interests throughout these challenging processes. With decades of experience, our Aurora Illinois family lawyers provide professional legal counsel in all areas of family law and related fields.
Here at Tommalieh Law Firm, our philosophy is simple: we will provide you with the legal guidance and support you need to make sound, educated decisions that prepare you for the future. If you’re going through a family law issues currently, please call us at (708) 232-0017, or chat with us online to discuss the specifics of your case and what step to take next.