Family Law Attorney Near Me Elgin IL – Law Offices of Anthony R. Scifo – Call for Consultation – 847-628-8311
Family Law Attorney Near Me Elgin IL
State laws in Illinois regulate matters of family life from marriage and divorce to spousal support, parenting schedules and child custody. A very personal issue that often involves shifting, powerful emotions and life-changing decisions, there are multiple legal considerations in family law. The state’s family law statutes serve to ensure that the rights of each family member are recognized while also fairly addressing their interests.
Marriage Licenses in Illinois
An essential document, couples must obtain a marriage license before they proceed with a wedding. The license is what officiates the marital union according to Illinois law. The license helps married couples to qualify for particular benefits. Couples must fulfill the following requirements in Illinois to qualify for their marriage license:
-Both of the parties must be 18 years of age or older. If one or each of the parties are age 16 or 17, they’ll need to obtain approval from a parent, guardian or judge.
-Both parties also must show proof of identification and birth at the County Clerk’s offices.
-In the event that one or each of the parties were married previously, they must supply proof of divorce.
-Neither of the parties can be “closely related.” This includes child and parent, siblings or aunt/uncle and niece/nephew, regardless of the blood relation or legitimacy of the relationship.
After obtaining a marriage license, you’ll have to wait for 24 hours until getting married. Following the waiting period, you will have sixty days in which to get married until expiration of the license. It is important to take note of these time limitations as you go about planning your wedding.
Requirements for Obtaining a Divorce in the State of Illinois – Family Law Attorney Near Me Elgin IL
Illinois is what is referred to as a no-fault state when it comes to divorces, which sets it apart from a lot of the other states. No-fault means there are not any particularly legal grounds a marriage has to fulfill to qualify for dissolution. The basic requirements that couples do have to meet are:
-At least one of the parties must have resided in Illinois for a minimum of 90 days before filing for a divorce.
-The divorce is occurring as a consequence of “irreconcilable differences” between the spouses.
Alternatively, when a couple has lived apart and separately for at least six months before seeking a divorce, the courts automatically presume that there are irreconcilable differences. That serves to meet one of the requirements for a divorce.
Visitation and Child Custody in Illinois – Family Law Attorney Near Me Elgin IL
Parents that choose to file for a divorce will face critical decisions about how they’ll raise their children going forward. They need to determine which of the spouses will be responsible for primary custody in addition to how much time
the spouses will each spend with their children. Family courts in Illinois refer to this as “parenting time” – or “parenting plans” – and “decision-making.”
Parenting decisions typically are governed via court orders or formal agreements made between the spouses. The court might choose to allocate all or most of the decision-making duties to one of the parents. Some of the matters that can be divided among the parents with respect to making important decisions regarding children are:
A court shall decide parental visitation time based upon the child’s best interests.
When Should You Contact a Family Law Attorney Near Me Elgin IL?
Whether you’re need of a Family Law Attorney Elgin IL largely depends upon a range of factors particular to your situation. There isn’t any uniform answer. Not many couples will require a lawyer in order to get married, although a Family Law Attorney Near Me Elgin IL may be necessary if the spouses want to create a prenuptial agreement, for example.
Individuals can frequently benefit from the expertise of a lawyer when it comes to dealing with critical matters like divorce, custody and support of children or division of property. Because it’s not unusual for emotions to escalate in some divorce cases, hiring a Family Law Attorney Near Me Elgin IL to negotiate and settle difficult matters can be very valuable.
Family Law Attorney Near Me Elgin IL – Mediation and Divorce
Mediation is a useful process in which both spouses who are usually going through a divorce proceeding meet with an experienced mediator. The purpose is to work through the details regarding not just the divorce but also their lives afterwards.
Matters regarding financial arrangements, custody of minor age children and the other issues are often discussed with the guidance of a mediator. Mediation is intended to serve as a non-adversarial avenue of communication. It enables both sides to share an open and productive dialogue on the most effective ways of moving on with their lives once their divorce concludes.
How Mediation Works
With a lot of divorce cases, mediation generally entails a screening beforehand to help decide whether the process would even be workable. When one spouse is opposed to attempting mediation or if the relationship is abusive or highly adversarial, mediation might not be a realistic endeavor.
Once the parties agree to try mediation, a mediator (often a social worker, a former judge or a Family Law Attorney Near Me Elgin IL) meets with the spouses in a neutral conference room to talk about the details concerning their divorce. Although the mediator may be a judge or a lawyer, he or she does not provide legal input but instead serves as a patient, impartial guide to what is intended to be a productive conversation. Both parties in a divorce should hire their own Family Law Attorney Near Me Elgin IL to prevent any conflicting interests.
In many situations, the mediator works along with each side to create an agreement known as a memorandum of understanding. A written document, it signifies the mutual intentions of the parties seeking a divorce. Each spouses’ lawyer can review the agreement, which may later on serve as the foundation for a settlement.
Mediation and Child Custody
A mediation session in regards to child custody may be ordered by the court or something that the divorcing parties enter consensually. In general, the goal of conduction mediation on this important matter is to develop a parenting plan that is realistic and achievable for both spouses. If they are not able to reach a parenting plan through mediation, then a judge makes the decision.
Mediating over child custody involves communication with the mediator on matters relating to physical and also legal custody. Scheduling concerns from either party is another issue commonly discussed.
Litigation and Divorce Mediation
The main difference in between litigating a divorce and proceeding through it with mediation is the parties will usually meet in person to discuss the issues in mediation.
A more conventional divorce that each party’s Family Law Attorney Near Me Elgin IL litigates means that most of the negotiations take place among the lawyers. Usually, there is minimal contact or discussion between the divorcing parties.
Mediation can be a very effective strategy for the parties to work in collaboration toward solutions that are satisfactory for each.
Settlement meetings may resemble mediation sessions. However, they also may appear to be similar to a standard negotiation in between lawyers representing the spouses. Typically, a judge will preside over settlement meetings when ordered by the court.
Collaborative Divorce or Mediation
A collaborative divorce is unlike mediation mainly because it entails lawyers negotiating on behalf of their clients. In that way, it is similar to a conventional divorce proceeding. Yet it does have some consistency with the purpose of mediation since it calls for a collaborative approach to reaching a solution which is suitable to all involved.
Couples will often pursue a collaborative divorce in order to help reduce the costs of the divorce and to preserve any platonic relationship the parties may still have – particularly when they have children together. With a collaborative divorce, the negotiations are conducted in good faith as opposed to more forceful tactics that might be more typical in a traditional proceeding conducted through lawyers.
*Talk with a Family Law Attorney Near Me Elgin IL for Answers to Your Questions on Divorce, Mediation and Child Custody at 847-628-8311
Child Relocation (Custody)
The state of Illinois issues judgements on child allocation, which used to be called child custody. Allocation details a plan that summarizes which of the spouses is responsible for parenting decisions. Illinois child allocation law allows for one parent to have responsibility for areas like choosing schools and making decisions regarding education, while the other parent may have responsibility for healthcare decisions or treatments.
Calculating child support is based upon guidelines set by the state. They
consider the income of each parent along with their parental time and with which party the children reside. There are also other matters to consider in determining child support or when a parent seeks a change in existing support arrangements.