Waukegan, Illinois Family Law Attorneys in Lake County

What is Family Law in Waukegan, Illinois?

Dissolution in Lake County

Dissolution refers to the process of ending a marriage. When two individuals marry, they enter into a legal relationship. If they decide to no longer remain in this relationship, they must file the appropriate paperwork with the courts.

The rules and procedures for dissolution can vary based on the state in which the case is filed. While all states allow for no-fault dissolution, some states require a period of separation. Additionally, most states have residency requirements that must be met before filing for dissolution.

Each state has its own guidelines for dividing assets and debts in a dissolution, but the general approach is similar in most jurisdictions. Typically, the court seeks to make an equitable division of assets. This does not always mean an equal division, as the court considers factors like the parties’ contributions to the marriage, the length of the marriage, and the needs of each party after the dissolution. Misconduct such as infidelity or domestic abuse may also influence the court’s decisions regarding property division, debt distribution, and spousal maintenance.

Dissolution is Civil Litigation in Waukegan, Illinois

Dissolution cases are heard in state court. Like other types of civil litigation, parties may gather evidence through depositions, interrogatories, and subpoenas. They may also engage in mediation sessions, the collaborative process, or other forms of conflict resolution. In many cases, disputes are resolved before trial. However, cases involving contested dissolution, high assets, or specific factors may require a trial to reach a final resolution.

Maintenance and Spousal Support in Lake County

One of the most challenging issues in a dissolution case is often maintenance and spousal support (formerly known as alimony). Some states, including Illinois, now use a formula to determine the amount of support. Even when a formula is applied, it remains crucial to ensure that the court follows the correct procedures to determine the appropriate amount of support.

Prenuptial and Postnuptial Agreements in Waukegan, Illinois

A prenuptial agreement is a contract signed by both parties before marriage. It should include detailed descriptions of significant property and debts owned by each partner. Depending on the complexity of these assets, a prenuptial agreement can range from just a few pages to several hundred. At Stange Law Firm, we tailor each prenuptial agreement to meet the specific needs of our clients. Certain matters, such as child custody and child support, cannot be included in a prenuptial agreement. However, the agreement can address issues like separate property, asset distribution, and spousal support in the event of a dissolution of marriage. If the agreement is made after the marriage, it is referred to as a postnuptial agreement.

Parenting Time in Lake County, IL

Parenting time is often one of the most debated and emotional aspects of family law. In custody cases, most states base their decisions on the best interests of the child. The court considers factors such as which parent has a stronger relationship with the child, whether each parent can provide a stable home environment, and whether either parent has a history of substance abuse or a criminal background.

If the parents can agree on a parenting plan, the court will typically uphold this agreement. However, if the parents cannot reach an agreement, the family lawyers at Stange Law Firm will present evidence to the court to support the child’s best interests. This may include school records, testimony from a psychologist or substance abuse counselor, criminal records, and even medical records. Our attorneys will work diligently to gather the necessary evidence while ensuring compliance with the applicable rules of evidence in the local jurisdiction.

Allocation of Parental Responsibilities in Waukegan, Illinois

Parental responsibilities refer to who makes important decisions about the child, such as those related to education, healthcare, and religion. Parenting time may be shared between the parents, or the court may allocate more parenting time to one parent.

Family lawyers must understand how the courts determine custody-related issues, such as parenting time and allocation of parental responsibilities, in their specific jurisdiction, as rules can vary slightly between states. The family lawyers at Stange Law Firm, PC, help clients understand the law and set realistic expectations, enabling them to make informed decisions as their case progresses.

Child Support in Lake County, Illinois

Children have the right to receive support from both parents. The purpose of child support is to provide the child with financial resources as if the parents were living together, even though it is common for parents to live in separate households.

Each state has its own formula for calculating the appropriate amount of child support. Most of these formulas take into account each parent’s income, allowable tax deductions, other expenses, the child’s health insurance costs, and whether there are childcare needs. Some states also consider how much time each parent spends with the child, although this is not a practice in all states.

The family lawyers at Stange Law Firm work closely with clients to ensure child support is calculated fairly and accurately. If the other parent attempts to hide income or is unemployed by choice, a diligent family lawyer can help their client uncover the full situation. Additionally, a family lawyer reviews the court’s calculations to ensure there are no errors that could lead to an unfair or inaccurate child support determination.

Abuse and Neglect Proceedings

Abuse and neglect are highly sensitive areas of family law. If the state believes a parent is unable to properly care for a child, it may initiate abuse and neglect proceedings. In such cases, the state may represent the parent accused of abuse or neglect, or it may represent the child.