Law Offices of Anthony R. Scifo – St. Charles Lawyer – Family Law – Elder Law – Guardianship – Probate Litigation – Free Consultation: 847-628-8311
St. Charles Lawyer – Family Law – Divorce – Mediation – Child Custody – Adoption
One of the practice areas our firm specializes in is family law. It encompasses a range of matters typically related to the family unit like divorce, paternity, child custody and adoption. Also, these practice areas address issues that involve same sex marriage or abortion rights along with criminal issues such as abuse and domestic violence. In the state of Illinois, family laws are implemented and updated by legislators and the court system just as in other states. For example, the state’s Supreme Court in 2004 declared that a man who is in acknowledgement regarding paternity may not reverse that position at a later date based upon DNA tests. Furthermore, the Illinois legislature also in 2013 legalized same-sex marriages.
Divorce in the state of Illinois – Lawyer St. Charles
The key provisions of divorce laws in the Land of Lincoln include:
-State Residency Requirement: At least one spouse must be a resident of Illinois for at least 90 days before starting a divorce action.
-Waiting Period: finalized when entered and subject to a right of appeal.
-Defense to a Divorce Filing: collusion.
-No Fault’ and Other Grounds for Divorce: Separation of at least two years, irretrievable breakdown of the marriage. However, under some conditions, the parties can file a petition jointly for a simplified dissolution of the marriage. Other grounds can include violence, cruelty, adultery, willful desertion for one year, alcohol addiction or drug addiction for two years, conviction of a crime, impotency, venereal diseases, two year separation resulting from irreconcilable differences, an undissolved earlier marriage and attempted murder of a spouse.
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No Fault Divorce Laws
As indicated above, the state of Illinois is among multiple states that offer what’s commonly referred to as a “no fault” divorce. Basically, this means that to seek a divorce, one spouse does not have to demonstrate that the other spouse did something wrong. Rather, it is only necessary to provide one of the reasons that the state will honor for a divorce. In Illinois, “irretrievably broken” can be cited as a reason – which is essentially stating that you and your spouse are not able to get along together and your marriage is beyond repair. There are also some alternatives to a conventional standard divorce in Illinois such as a legal separation or annulment.
Considering Divorce in Illinois? Talk with an experienced Lawyer St. Charles
The experience of a divorce proceeding can be for many an emotionally draining, difficult time. However, consulting with an experience divorce Lawyer St. Charles will ease a lot of the stress of managing the legal paperwork and settling issues with your spouse. Another major reason to consult with a divorce Lawyer St. Charles is that most likely your spouse will have professional legal representation too. At the Law Offices of Anthony R. Scifo, we’ll protect your best interests in a divorce proceeding every step of way and work hard to obtain the best possible outcome for you.
The Illinois court system recognizes both legal and physical custody. The term “legal custody” is in reference to a parent or guardian’s right to make decisions on major life issues such as education and church affiliation. “Physical custody” is in regards to the matter of which parent (or guardian) the children shall live. As in other states, either one parent or both parents may retain legal custody and physical custody.
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For instance, a joint legal custodial arrangement permits each of the parents to decide on major issues on their child’s behalf. In what is called sole physical custody, the child will live full time with one of the parents. Nevertheless, the non-custodial parent may have visitation rights or share some custodial responsibilities.
According to state laws regarding child custody, children 14 and up may select which parent or guardian they wish to live with. However, that decision may be overruled if a judge determines that the decision is not within the child’s best interests. A Lawyer St. Charles can offer valuable guidance with these issues.
An Illinois parenting plan typically recognizes:
-A consistent child-parent relationship is generally in the best interest of the child.
-The needs of a child changes and evolves as they grow older.
-The parent with custody makes day-to-day decisions when the child is physically with that parent.
-Each parents is to have open access to a child’s records.
-A parenting plan will also usually set how the children will spend occasions such as holidays and birthdays; transportation matters; supervision and other child care considerations.
Lawyer St. Charles – Mediation – 847-628-8311
Mediation is an alternative way to resolve disputes available to Illinois couples who are either going through divorce proceedings or coping with parenting issues. In mediation for child custody or divorce, both parties cooperate to solve their conflicts and come to an agreement on issues like spousal maintenance, child support and division of assets. This is accomplished with the help of a mediator who helps clarify the issues at hand, facilitates communication and helps the parties negotiate solutions that both find agreeable.
Elder Law
Another practice area our firm specializes in is elder law, where we serve as an advocate for elderly clients and their families. We can provide expertise and help manage a range of legal issues that affect older or disabled people such as retirement, health and long term care, Medicare/Medicaid, guardianship and Social Security. Talk with our firm to:
-Review the significance of wills and sound estate planning, which includes planning for minors or for adults who have special needs.
-Create a reliable power of attorney.
-Provide assistance with health care plans, including Medicare, long-term health care options and health care power of attorney.
-Financial planning including financial power of attorney, income, estate and gift tax issues and housing opportunities.
-Guardianship: assistance with selection and appointing a legal guardian.
-Help locating long-term care facilities, manage assisted living costs.
-Help file nursing home claims, explain nursing home residential rights.
-Create a living will and advance directives including durable power of attorney, long-term planning arrangements
Guardianship – 847-628-8311
At the Law Offices of Anthony R. Scifo, we’ve successfully offered guidance for the guardianship process for disabled adults and minors. Also, we have served as a court appointed counsel for disabled clients as well as a court-approved guardian ad litem in several estate and family law cases. We work to protect and improve the quality of life for the clients we represent. Additionally, people who have concerns regarding the risk of financial exploitation, abuse or fraud don’t know where to turn for assistance. Our law firm empathizes with that frustration and we respond with decisive action to remedy unfortunate situations in challenging times.
Lawyer St. Charles – Probate Litigation
The Law Offices of Anthony R. Scifo is among the state’s premier probate litigation firms. Our probate law experts can offer informed handling of complicated probate administration. We put a priority on compassionate client services and we explain the process so you’ll remain informed throughout. Our objective is to ensure the probate experience goes smoothly and attains a desired outcome.
For help with any of these legal areas, talk with an experienced Lawyer St. Charles – contact our firm today at 847-628-8311 for a confidential, free consultation.
