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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

Western Springs divorce attorney order of protection

The National Coalition Against Domestic Violence (NCADV) estimates that one in every four women and one in every nine men have suffered from intimate partner violence or stalking. Domestic violence includes physical abuse, such as hitting and kicking, as well as sexual abuse, psychological abuse, financial abuse, and more. If you are considering divorce, and your spouse has harmed you or used psychological manipulation to control you, you probably have many concerns. Divorcing an abusive or deceitful spouse is often more complex and emotionally taxing than a divorce not involving this type of mistreatment. Fortunately, you do not have to face the divorce process alone. If you are planning to leave an abusive spouse, a divorce attorney experienced in managing cases involving domestic violence can be an essential source of legal guidance and support.

Illinois Protective Orders

When any victim of domestic violence attempts to leave his or her abuser, the abuser may escalate his or her aggressive behavior. If you are worried that your spouse may try to harm you, your children, your pets, or your property, you may want to consider obtaining an order of protection. Also called restraining orders, protective orders are legally binding court orders that prohibit a person from contacting or coming within a certain distance of the person who requested the order, called the petitioner. An Emergency Order of Protection can be obtained based on the petitioner's testimony alone, and it will go into effect as soon as the judge approves it. If the subject of a protection order violates any of the directions contained in the order, he or she may face arrest and criminal consequences.

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Western Springs spousal maintenance attorney

The end of a marriage not only brings dramatic personal changes but also considerable financial consequences. If you are considering divorce, you may wonder how spousal maintenance, also referred to as spousal support or alimony, is handled in Illinois. Maintenance payments can be a significant expense for the payor spouse and a significant source of financial support for the recipient spouse. Disputes about the terms of spousal maintenance can be contentious. That is why it is essential that you seek guidance from an experienced divorce attorney in order to understand how this type of support is calculated and your rights regarding these benefits.

When Is Spousal Maintenance Awarded?

If spouses had previously signed a marital agreement such as a prenup that contains directions regarding spousal maintenance, the court will typically uphold these directions. However, there are many issues that may cause a prenuptial agreement to be declared invalid, such as if it was signed under coercion or it contained fraudulent information about assets.

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Hinsdale divorce mediation attorney

When a couple decides to divorce, there are a number of issues that the spouses must agree upon before the divorce can be finalized. The spouses will need to determine how the marital estate will be divided, whether or not the lesser earning spouse will receive spousal maintenance (alimony), and how issues related to the allocation of parental responsibility (child custody) and child support will be handled. It can be very hard for divorcing spouses to reach an agreement about these and other terms of the divorce without help. One way that many divorcing couples are able to resolve divorce-related disagreements without the need for court litigation is through mediation.

How Does Mediation Help?

Divorcing spouses may be required to attend family law mediation by the court, or the couple may decide to attend mediation voluntarily. During this process, the spouses meet with a specially trained mediator who helps them identify the unresolved divorce issues, facilitates productive negotiation about these issues, and works with the spouses to find mutually agreeable resolutions. Spouses who reach an agreement about divorce issues through mediation are much more likely to comply with the terms of their final divorce decree than spouses who are subject to divorce terms determined by the court. Furthermore, mediation is much less antagonistic than litigation. Divorcing spouses who share children together often find mediation to be especially useful, because it encourages an amicable co-parenting relationship in the future.

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Western Springs child custody attorney

Illinois courts make all child-related decisions based on the child’s best interests. Unfortunately, it is sometimes in a child’s best interest not to spend time with one of his or her parents. If a mother or a father cannot adequately protect a child’s safety or provide for the child’s basic needs, that parent may be declared an “unfit” parent. This means that the court may place restrictions on some or all of the parental rights, including parenting time. If you have reason to believe that parental fitness may be a consideration in your child-related legal dispute, speak to an experienced divorce attorney to receive the personalized guidance you need for a favorable outcome.

Establishing Parental Fitness

The question of parental fitness is often brought up during child custody disputes. If evidence shows that a parent is unfit, he or she may no longer be permitted to share in decision-making responsibility for the child, and restrictions may be placed on his or her parenting time. A range of issues can bring a parent’s fitness into question, but courts typically consider a parent to be unfit if one or more of the following elements are present:

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Burr Ridge child support attorney

According to Illinois divorce laws, child support obligations are calculated using a method called the “Income Shares” model. In order to determine a child support order that is feasible and adequately provides for the child’s needs, this model takes each parent’s net income, parenting time, and other factors into consideration. Most child support orders terminate when the child turns 18 years old and graduates high school. However, sometimes a child has special needs that require non-minor child support well into adulthood.

Child Support for an Adult With a Disability

Once a child is able to become financially independent and start his or her adult life, child support payments are typically no longer necessary. However, if a child has a disability, he or she may need the financial assistance provided through child support as an adult. Either parent may petition the court for non-minor child support if a child has any type of mental, physical, or intellectual disability. When determining a child support order for a disabled adult child, the court will consider a variety of factors, including:

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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