Clarendon Hills is a small town outside Chicago that is largely comprised of families. About 40 percent of the families there have children under 18, and the population of Clarendon Hills as a whole is relatively young. Conflicts and disagreements are common in young families, and at times family disputes escalate to a point at which legal intervention becomes necessary. If you are going through a divorce or about to go through a divorce, it is important to retain an attorney who will advocate on your behalf in a professional manner. The Clarendon Hills divorce lawyers at Kollias & Giese, P.C. will work diligently to help you pursue a favorable outcome in your case.Legal Separation
Marriage can be difficult, and it is not uncommon for a married couple to come to a crossroads in their relationship at which they are uncertain whether they want to continue their lives together. In many cases, however, a married couple will not want to rush into the decision to divorce without making sure that it is the right choice. In other cases, a couple may be certain that they no longer want to cohabitate as spouses, but for various reasons they may not want to seek a divorce. Under Illinois law, a legal separation is available for couples who no longer want to live together as a married couple but are not yet ready to file a petition for dissolution of marriage.
The party who files a petition for legal separation must prove that he or she and his or her spouse are living separate and apart at the time that the petition is filed. Additionally, the spouse who seeks a judgment of legal separation must show that he or she did not cause the separation. If the party seeking the legal separation proves both of these factors, the court may issue a judgment of legal separation. Once a court issues a judgment of legal separation, the party who filed the petition for separation can then seek maintenance and child support, similar to a party to a divorce. If you want to pursue a legal separation, you should speak with a knowledgeable divorce attorney in Clarendon Hills to discuss your case.Divorce Involving Children
While legal separation is an appropriate option in some cases, in other circumstances it may be necessary to seek a divorce. In Illinois, a divorce is sought by filing a petition for dissolution of marriage. When the parties seeking a divorce have a child together, the court will issue an order dividing parental responsibilities, which used to be known as custody, and parenting time, which was previously called visitation. The most important consideration in determining an appropriate division of parental rights and obligations is what is in the best interest of the child.
Factors such as the child’s relationship with each parent, the child’s connection to extended family members and the community, which parent has historically been the primary caretaker for the child, and the child’s mental, physical, and emotional needs are considered by the court in deciding which arrangement of parenting time and responsibilities would be most beneficial to the child. Our Clarendon Hills divorce attorneys can explain how these factors might apply to your case. In addition to determining parenting responsibilities and time, the court may issue an order obligating one parent to pay child support. Often, the support obligation will be imposed on the party who spends less parenting time with the child, but that is not always the case. If your spouse and you have one or more children together, and you wish to end your marriage, it is prudent to consult a skilled family law attorney to help you protect your parenting rights.Consult an Experienced Family Law Attorney
In any family law dispute, it is beneficial for the parties involved if they can resolve things in a quick and civil manner, but that is not possible in all cases. If you are contemplating seeking legal assistance for a family law issue, it is important to retain an attorney who will work aggressively to help you obtain a favorable outcome if an amicable resolution is not possible. The experienced family law attorneys at Kollias & Giese, P.C. will work diligently on your behalf to help you seek your desired result. To schedule a meeting with a divorce lawyer in Clarendon Hills, contact us at 630-407-1200 or via our form online.