Rockford Divorce Lawyer
Providing Legal Counsel For Divorce And Family Law Issues
Illinois does not have divorces. In Illinois, to terminate a marriage, a person files for a dissolution of the marriage, but most people still refer to the case as a divorce. Illinois is a no-fault divorce state. That means that neither party has to prove that the other is to blame for ending the marriage. “Irreconcilable differences” are enough to file for a divorce.
I am attorney Brian K. Larkin. When my client believes that a dissolution of their marriage or a divorce is their best option for moving forward from a relationship, I am here to help.
Division Of Assets: What Couples Should Consider
When married couples divorce, they can make an agreement on how to split up property and other assets. When they cannot agree, a court will make an “equitable division” of marital property. I help my clients going through a divorce get a fair settlement when possible, and fight in court to get them an adequate portion of the marital estate when an agreement cannot be reached.
Property division for unmarried couples going through a separation can be more complicated. When unmarried couples have lived together and accumulated property, the parties often have to prove who purchased particular items to determine future ownership. This is an issue particularly for jointly owned real estate. For my unmarried clients, I provide zealous representation to get them what is rightfully theirs.
Understand Your Rights Concerning Spousal Maintenance
What is often known as alimony is called spousal maintenance in Illinois. Specific guidelines determine what party in a divorce is entitled to receive maintenance and how much should be paid. Some of the factors include:
- Length of the marriage
- Individual income of the spouses
- Future earning potential of the spouses
- Income opportunities turned down during the marriage
- For couples with children, who will be the custodial parent
I help my clients going through divorce determine if they are eligible to receive maintenance or responsible for paying maintenance. In either case, I make sure a settlement is fair and in the best interest of my client and any children involved.
Winnebago County Child Custody Attorney
When children are involved in a divorce or separation, the parents need a lawyer who will see to it that the children are provided for. In Illinois, the parents and the court no longer decide who has custody and visitation. Instead the parties and the court will allocate parental responsibilities, including parental decision making and parenting time with the children between the parents. Some of the factors which are looked at include:
- Specific wishes of the parents
- Specific wishes of the child/children
- The prior involvement of the parties in the parenting of the child/children
- How the child/children will adjust in the home, school and community residing with each parent
- The physical and mental health of the parents and child/children
The state of Illinois, no longer makes an award of child custody. The new terminology is Allocation of Parental Responsibilities. The parental responsibilities include decision making concerning the education, health, religion and extracurricular activities of the child or children and the parenting time of each parent with the child or children.
A separation or divorce can raise thorny personal and legal issues for any couple. I am attorney Brian K. Larkin, and I help my client get through the separation, divorce and allocation of parenting decisions as quickly and easily as possible.
Unmarried couples follow similar procedures for determining the time the child/children spend with each parent
Winnebago County Child Support Attorney
The calculation of child support has become much more complicated in the recent years. Previously the “non-custodial” parent paid a portion of their net income for support. Currently the state of Illinois uses the “income shares” approach which looks at the incomes of both parties, the amount of time the child spends with each party and other factors to determine the support to be paid. I can make sure the support to be paid is the proper amount based on the law.
Your Rights When Support Payments Go Unpaid
If you are entitled to spousal maintenance or child support but are not receiving payments, you have rights under the law. Bringing this to the attention of a court can result in withholding from the wages of the nonpaying individual. Specific assets can be seized to provide compensation. In extreme cases, jail time can be imposed. I can help you get the support payments you have been awarded. Unfortunately, at times, depending on the specific situation, it may be very difficult to collect the support that has been awarded. This is unfortunate, but it is the truth and it is better to find this out rather than spend money on attorneys fees that won’t help. I try to work with my clients and get them to the reality of the situation.
Contact Family Law Attorney Brian K. Larkin
I am Rockford divorce attorney Brian K. Larkin, and I counsel my clients in their separation, parenting and support cases. I also represent clients who are seeking orders of protection. . Email me or call to schedule a free consultation and get answers to your questions from an experienced lawyer.