Cary, IL Family Law Attorney
Matters relating to the family unit are often very strenuous ordeals where a great toll is taken on both those involved and their loved ones. We aim to ease this as much as possible by developing a close bond with our clients. Our efficient communication system keeps the client in the loop, thus, making the process that much easier for them.
Attorneys who practice family law represent their clients in family court proceedings and may specialize in issues unrelated to divorces, such as emancipation, paternity, and adoption. Family law is a relatively broad practice area that can also include reproductive rights and foster care. Family law issues can also intersect with certain criminal investigations, such as domestic violence charges and child abuse or neglect charges. Since family law issues are typically fraught with emotion because there is so much at stake, it is essential that those involved in family law cases have a trusted legal professional by their side from start to finish.
Because family law issues can take a significant toll on those involved—as well as their loved ones—contacting the law firm of Vaclavek Hartman Vaclavek is the best decision you can make. We strive to ease the distress caused by family law issues by developing a close bond with our clients. We provide an efficient communication system that keeps our clients firmly in the loop, we believe the more our clients know, the better position they are in. Information and knowledge allow our clients to make more informed, confident decisions, which is always what we want. At Vaclavek Hartman Vaclavek, we believe our firm is set apart from others by the fact that our team members are the very best in their fields. We vow to always keep you up to date on all matters concerning your case, to be your strongest advocate, and to work hard to do everything possible to ensure the best outcome possible.
What are the Primary Areas of Family Law?
Because family law is the area of law that addresses family relationships, it includes both creating family relationships as well as breaking those relationships. Below are some of the areas of family law the Vaclavek Hartman Vaclavek attorneys can help you with:
Divorce is the process of breaking the bonds of marriage. Marriage is, essentially, a contract; when a couple marries, they form a legal relationship in the eyes of the state. This means that if the couple no longer wants that legal relationship, a court process is required. The rules for divorce vary significantly from state to state, as far as residency requirements, division of assets, spousal support, and child support. Further, while most states, including Illinois, have gone to no-fault divorce, some states still allow a spouse to claim fault. Some states require a period of separation prior to filing for divorce, while others do not. Because divorce is generally an emotional experience, it is always a good idea to have an experienced Illinois divorce attorney on your side who will ensure the decisions made now will serve you for years to come.
Allocation of Parenting Time
Allocation of parenting time can be one of the more contentious issues associated with divorce. Both parents may believe they should have a greater amount of parenting child, however, in the end, the judge will make his or her decision based on the best interests of the child, assuming the parents cannot come to a mutually agreeable decision. One parent may make the major decisions for the child, such as educational decisions, health decisions, decisions regarding extracurricular activities, and religious upbringing decisions, or the parents may share in those decisions. If the parents can determine decision making and parenting time, the judge will only have to approve the resulting Parenting Plan. While parents can share parenting time 50/50, this is less common, as it can be difficult to make a true 50/50 split work unless the parents live close to one another and get along well. The most common type of child “custody” is shared decisions making and shared parenting time.
Spousal support, also known as spousal maintenance or alimony, is another area of divorce that can be contentious. One spouse may believe he or she is entitled to receive spousal maintenance, while few spouses actually want to pay this type of support. The judge will take a number of factors into consideration when determining whether an award of spousal support is warranted. These factors include the length of the marriage, the age of each spouse, the physical and mental health of each spouse, whether there are minor children who would require daycare, whether one spouse stayed home during the marriage to take care of the children and household, whether one spouse put the other through school, and most importantly, the financial position of both spouses. Spousal maintenance can last for a specific amount of time or an indeterminate amount of time (usually until the paying party retires, unless another terminating factor occurs first. Rehabilitative maintenance is meant to help the spouse who is less well off financially to get back on his or her feet following the divorce. You can find a maintenance calculator to use only as guideline here.
Division of Assets
The way marital assets are divided is somewhat dependent on whether the state is an equitable distribution state or a community property state. Community property states divide assets 50/50, regardless of any extenuating circumstances, while equitable distribution states divide assets fairly. Illinois is an equitable distribution state, rather than a community property state which means while the couple’s assets will be distributed equitably, they may not necessarily be divided equally as they would in a community property state. The court will first determine which assets are marital assets and which assets are non-marital assets. Anything brought into the marriage is considered a non-marital asset unless it has been commingled with marital assets. Any gift or inheritance given before the marriage or during the marriage is considered a non-marital asset unless it has been commingled.
Child support in the state of Illinois is based on a formula that determines each parent’s net income, calculates the percentage of each parent’s income, then looks at the overnights the child or children will spend with each parent. When the numbers are put into the formula, along with the number of children to be supported, the amount of child support to be paid and from whom will result. Illinois uses the “income shares” approach to child support. Child support is not optional—the state of Illinois believes both parents are responsible for supporting their children. If one parent is deliberately unemployed in an attempt to avoid paying child support, the state will impute an income for that parent based on past work history, education, and skills. The Court may also deviate from the guideline support if it determines that doing so is in the best interests of the minor children. Child support is not tied to allocation of parenting time; if child support is not paid, the receiving parent may not deny parenting time, and if the receiving parent denies parenting time, the paying parent may not withhold child support.
What Sets Us Apart
While these are the most common family law issues, the Vaclavek Hartman Vaclavek attorneys also deal with the emancipation of minors, issues relating to paternity, pre- and post-nuptial agreements, and college expense issues. Our attorneys work hard to help our clients through some of the most difficult times they may ever experience. We will help you protect your children, your assets, and your future. We are highly skilled, highly experienced, and always compassionate to your situation and your needs. We have personally been through the same issues and can help guide you through these difficult times. We live our motto—We are by your side, every step of the way.
Our primary goal is to be your advocate every step of the way, helping you make decisions that will best serve you in the months and years to come. Whether you are facing a traditional divorce, or a high net worth divorce in Illinois, the Vaclavek Hartman Vacklavek attorneys can help. We are focused on being accessible and available to our clients, and work toward a catered team solution which is as unique as your case. Contact a top family lawyer in Illinois today by calling the Vaclavek Hartman Vaclavek law firm.
We work with clients to facilitate the constant transferring of vital information on the ever-changing landscape of their case. Being in the know places our clients in a better position. We understand this and ensure the best communication to keep our clients in the best possible position.
The highlight of our practice is the people within it, our team members are the very best in their fields with adequate training to make sure that they know how to handle situations. Their topmost priority is your comfort and your win.
- Familiarize your situation
- Impart logically sound advice, tailored to your case
- Keep the client up to date on all matters concerning their case
- To be the client’s biggest advocate and offer unrelenting support
- To strive and do all that is possible to ensure victory