When you’re dealing with any family law matter, things can quickly become emotional and legally complicated. These cases are intensely personal, and the stakes couldn’t be higher. At Tommalieh Law firm, our team of dedicated and experienced family law attorneys helps our clients fight through the complications and remain focused on achieving their goals. Whether you’re in the middle of a custody battle, a divorce, or a prenuptial agreement dispute, our Naperville family lawyers are equipped to protect your rights and your best interests.
Our attorneys know that a negotiated solution is almost always preferable to a contentious, expensive trial. We’re skilled negotiators who know how to get results, and we offer creative solutions even to the most complicated legal issues. However, sometimes negotiating may not be enough. When this happens, our lawyers have the skills and knowledge to litigate on your behalf in court. With decades of experience, we’re prepared to offer the trusted guidance you need and the personal attention you require. Contact us today at (708) 232-0017, or chat with us online for a free initial consultation.
Should I Hire a Divorce Lawyer?
If you and your spouse are contemplating getting a divorce, you may wonder whether you need a Dupage County divorce attorney. An experienced divorce lawyer can help you navigate the divorce process in a harmonious and timely manner. Our team of experienced divorce lawyers can help you with the complex issues that come with property division, child custody, child support, and the other family law issues that you may face while filing for a divorce in Illinois.
With a competent divorce attorney by your side, you’ll be able to:
- Come to an agreement. When going through the divorce process, you and your spouse may have a hard time seeing “eye to eye.” It may be challenging coming to an agreement that makes both of you happy. A Dupage County divorce lawyer can help you come to an agreement much faster than you may on your own. An attorney can also support your interests if your spouse’s attorney is trying to push you into an agreement, which is unfair to your situation.
- Reduce emotional trauma. Filing for a divorce can take a toll on your physical and emotional well-being. Even though a divorce lawyer isn’t a therapist, they can take your emotional needs into account when representing you and make it easier for you to think rationally. A lawyer will listen to your worries, issues, and concerns to make your divorce process less stressful.
- Understand what you’re entitled to. Probably you’re not aware of everything you’re entitled to under Illinois divorce law. A highly skilled Illinois divorce lawyer can inform you of your rights so you can get your fair share and don’t get taken advantage of. If your spouse is working with a lawyer, they may try to force you into an agreement that’s unfair. We can help you access the situation and come to a mutual agreement.
- Easily keep track of essential legal documents. To file for a divorce in Illinois, there are certain legal documents that you must fill out and submit for the local court’s approval. Without all the documents, the court can deny your divorce, or prolong the divorce process unnecessarily. An attorney can help you fill out these forms and answer questions you may have to make sure the divorce process runs smoothly.
- Fight for your rights as a parent. If you and your spouse have children together, determining child custody will be a large part of your divorce process. A divorce attorney’s guidance can help you fight for your rights as a parent so that your relationship with children doesn’t suffer.
Can Child Support be Modified?
Illinois child support orders can only be modified by filing a petition requesting an increase or decrease in child support with the court that has jurisdiction over your case. Your petition should state the basis for the child support modification request as well as a “prayer for relief” explaining the change in child support obligation you’re requesting from the court.
Since you’re seeking modification of an existing support order, you don’t need to serve the petition through the sheriff. You can serve the notice of the petition via mail at the responding party’s last known address. However, if the petition seeks other actions by the court other than the child support modification, such as a change in the allocation of parental time and responsibility, you must serve your petition by certified mail 30 days before the date of the hearing.
Also, if you’re seeking child support modification after the final judgment has been made in your case, you must deliver the notice to the responding party, as opposed to their attorney, because the law deems that the lawyer’s representation ended at the entry of the final order.
It’s essential to note that you can’t use self-help to modify child support in Illinois. Thus, if the other party can’t adhere to visitation rights, suspend your child support payments before getting an order from the court.
How Is Child Custody Decided in Naperville, Illinois?
If you’re a parent going through a child custody battle, you want to know how child custody is determined. It’s helpful to know that child custody is always determined based on the child’s best interests. However, as a parent, it’s also good to know how the child’s best interests are determined.
In Illinois, children over the age of 14 can decide which parent they prefer to live with. But if the family law court establishes that the child’s preference isn’t in their best interest, it may overrule the preference. When deciding child custody, courts focus on the child’s best interests, understanding that the child’s needs may change as they grow. Also, courts recognize that having continuity of the parent-child relationship is pivotal in the best interest of the child.
Typically, child custody is divided into two categories, including legal and physical custody. Both types of custody can be sole or joint custody. Physical custody establishes which parent the child lives with and the other parent will enjoy visitation with the child. Physical custody of the child can be joint custody, and the child will live with both parents and go back and forth between their homes. Legal custody establishes which parent will make important decisions for the child. Legal custody can be sole or joint custody, too.
Child custody arrangements vary depending on the situation and are flexible processes designed to determine what’s best for the child. The more you understand the process, the more you’ll be in a better position to help develop a child custody arrangement that’s in your child’s best interests.
What Issues Does A Prenuptial Agreement Cover in Illinois?
In Illinois, prenuptial agreements may address any or all of the following matters:
- If one spouse pays the other spouse spousal support after a divorce, including the amount and duration of payments.
- Each spouse’s ownership of marital property following a divorce.
- Each spouse’s rights to use, manage, transfer, sell, or dispose marital assets.
- Each spouse’s obligation to create a will to carry out the terms of the prenuptial agreement.
- Each spouse’s ownership rights in the death benefit from the other spouse’s life insurance cover.
- Illinois’s law that will apply to the prenuptial agreement in the event of a dispute, and
You and your spouse can amend your prenuptial agreement any time after you’re married. However, any amendment to the agreement must be in writing and signed by both parties. Also, both parties can revoke the agreement altogether by putting their intentions to cancel it in writing and signing it.
How Can I Make Sure My Prenuptial Agreement is Enforceable in Illinois?
Illinois follows the Uniform Premarital Agreement Act (UPAA), which governs how family law courts decide whether a prenuptial agreement is enforceable.
All prenuptial agreements must be in writing and both spouses must sign the agreement for it to be enforceable.
It’s not a must for prenuptial agreements to be witnessed by anyone else other than the couple, and neither party must record it with the clerk of court. Although a prenuptial agreement doesn’t legally have to include a schedule for each party’s assets and debts, it’s a brilliant idea to include these lists. A family law court is more likely to enforce the agreement if there’s proof that each party knew the other party’s financial situation before signing it.
How Much Does a Divorce Cost in Illinois?
If you’re planning to file for a divorce or have just learned that your spouse has filed for divorce, you probably have many questions and concerns about the divorce process. For many couples facing a divorce, how much a divorce will cost is a common question.
In Illinois, the average divorce costs $13, 800, which includes $10, 900 in lawyer’s fees. Divorce lawyer’s fees form a huge chunk of the divorce cost because the average hourly rate for divorce attorneys in Illinois is $260. The attorney’s fee depends on the attorney’s hourly rate; plus the rate any paralegal and other firm staff charge factored in with the time an attorney works on your divorce case.
Other divorce expenses include fees for things, such as court filing, the cost of copying and sharing documents, and compensation for expert witnesses and consultants, including appraisers, financial analysts, or child custody evaluators.
Get the Naperville Family Lawyers Help and Legal Advice You Deserve!
At Tommalieh Law we offer solutions to a wide range of family law matters that need skilled legal advice. We answer your questions, explain your options, prepare the strategy for your case, and take the actions necessary for a successful outcome. We believe in empowering our clients with the knowledge they need to make the right decisions for the well-being of themselves and their families. Our team of experienced attorneys has a passion for helping you through skillful negotiation or fierce litigation when needed. Contact us today at (708) 232-0017, or chat with us online for a free initial consultation.