Chicago, IL Family Law Attorneys
Child support & parenting agreements
When it comes to determining the parenting schedule for your minor children during a separation, commonly referred to as "custody," it's not uncommon for this process to become a challenging and emotionally charged endeavor.
Domestic violence & Orders of Protection
Addressing domestic violence demands utmost seriousness. Whether seeking an order of protection to halt domestic violence or facing allegations of such misconduct, having a reliable domestic abuse attorney by your side is paramount.
Prenuptial agreements
The true essence of a prenuptial agreement often gets misconstrued. It's commonly misperceived that only couples lacking faith in the durability of their marriage resort to prenuptial agreements, or that these agreements are primarily tools for affluent partners to safeguard their assets from their spouses. Yet, financial conflicts stand as the second major catalyst for divorce.
Parental rights
When a man believes he holds the status of a child's father, he can pursue legal avenues to confirm paternity, granting him the opportunity to petition for decision-making authority and parenting privileges. These matters are inherently steered by what is deemed most advantageous for the child's welfare.
Legal separation
At times, circumstances warrant married individuals to embark on a legal separation journey, distinct from divorce yet carrying its own significance. When contemplating a legal separation in Illinois, enlisting the guidance of an adept legal separation attorney can be your compass through this process.
Maintenance & spousal support
In the context of divorce or legal separation, the presiding judge may opt to grant family law spousal support to one of the partners involved. In Illinois, this form of support is officially termed "maintenance," though it is commonly known as "alimony."
Grandparents’ rights
In the state of Illinois, grandparents indeed possess the right to maintain a relationship with their grandchildren, and in certain circumstances, they might even be granted custody of their grandchild. However, it's important to note that under Illinois law, a grandparent's visitation rights hinge on their connection with the child's parent.
Frequently Asked Questions About Family Law in Illinois
Q: How does divorce asset division work in Illinois?
A: Illinois is an equitable distribution state, which means marital assets are divided fairly — but not necessarily equally — between spouses. Courts consider factors including the length of the marriage, each spouse's economic circumstances, contributions to the marital estate (including non-financial contributions), and whether either party dissipated marital assets. Determining what constitutes marital versus non-marital property can be complex, particularly when businesses, investments, or inherited assets are involved. Angelini & DiLeo Law advises clients through this process with the strategic clarity to protect their financial interests.
Q: What is the difference between divorce and legal separation in Illinois?
A: A legal separation in Illinois allows spouses to live apart and resolve issues of property, support, and parental responsibilities without formally dissolving the marriage. Unlike divorce, the spouses remain legally married. Legal separation may be appropriate when spouses have religious objections to divorce, wish to retain certain marital benefits such as health insurance, or are not yet certain they wish to permanently end the marriage. Our attorneys can help you evaluate which path aligns with your circumstances and goals.
Q: How is child support calculated in Illinois?
A: Illinois uses an income shares model to calculate child support, which takes both parents' net incomes into account along with the number of children and the parenting time arrangement. The resulting figure reflects what parents would collectively spend on the child if they were living together. Courts may deviate from the guideline amount in cases involving special needs, extraordinary expenses, or significant disparity in parenting time. An experienced attorney can help you understand the calculation and advocate for a fair result.
Q: Do I need a prenuptial agreement?
A: Prenuptial agreements are valuable tools for any couple entering marriage with distinct assets, business interests, debt, children from prior relationships, or anticipated inheritances. They are not a sign of mistrust — they are a sign of financial clarity and planning. Under Illinois law, a valid prenuptial agreement must be in writing, signed by both parties, and entered voluntarily with full financial disclosure. Angelini & DiLeo Law drafts and reviews prenuptial agreements that are enforceable, equitable, and reflective of both parties' intentions.
Q: What are my parental rights if I was never married to my child's other parent?
A: In Illinois, an unmarried father must establish paternity before he can petition for parenting time or decision-making authority. Paternity can be established voluntarily through a Voluntary Acknowledgment of Paternity or by court order through a paternity action. Once established, both parents have equal standing to seek parenting time and to be heard on decisions affecting the child's education, healthcare, and upbringing. Our attorneys regularly represent both mothers and fathers in paternity and parenting rights matters.
