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Family law is always a delicate and emotional matter. Whether you seek a divorce, child custody “parenting time” arrangement, or other family law matters, it is essential to have an experienced attorney. The Inverness Family Law Attorneys at Cooper Trachtenberg Law Group LLC understands that each family law matter is unique. We will work with you to tailor a legal solution that meets your specific needs.
The Domestic Relations Division in the Circuit Court of Cook County handles such issues as:
This article will focus on domestic relations. First, let’s begin with the legal terms used in court. Parting ways legally (permanently) is referred to as called divorce or dissolution of marriage. This is a permanent ending to the marriage. It also involves the division of property and assets. If a petitioner wants to file for their divorce or dissolution of marriage, they may obtain a packet of dissolution forms from the Domestic Relations Division. An attorney is not necessary to file for divorce or dissolution of marriage; however, having legal counsel by your side can make the process much easier and relieve the burden of completing the forms, filing a Petition of Dissolution, and setting a motion date with the courts.
Next term, parenting Time used to be called visitation. Divorce, when minor children are involved, can become complicated.. Parents need to be prepared to discuss their children’s current needs and schedules. For example, how will one divide the child(ren)’s time during the week, on holidays, and how and when to return them to the other parent? What about attendance at children’s extra-curricular activities? Summer vacations? Planning a trip that involves traveling out of the country with one parent? Each of these circumstances needs to be discussed and agreed upon by the parents. These can be highly charged issues and seemingly impossible to work out independently.
The parenting time guidelines help work out parenting time arrangements but may not be the best option for your situation and family. For example, you should discuss all parenting time options with your attorney to determine what parenting time schedule would work best for you and your children. Because each family is different, it is important to define the approach that will work best with your family.
The parenting arrangement in place following a divorce or dissolution of marriage is known as an Allocation of Parental Responsibilities, which is sometimes referred to as child custody. This is the parenting arrangement that will be in place following the dissolution of marriage. Parenting responsibilities may be allocated to one or both parents by the court. The court will consider the child’s best interests in making this determination. The court may also consider factors such as each parent’s ability to care for the child(ren), the child(ren)’s relationship with each parent, the child(ren)’s adjustment to home, school, and community, and each parent’s mental and physical health.
A civil order of protection is a court order issued to prevent further acts of violence, stalking, harassment, or abuse by one person against another. Civil orders of protection are also sometimes referred to as restraining orders. For example, if you are a victim of domestic violence, you may seek a civil order of protection from the Domestic Relations Division. You do not need an attorney to seek a civil order of protection, but having legal counsel can be beneficial.
If you have been served with a civil order of protection, you must comply with the terms of the order. For example, if you violate the terms of a civil order of protection, you may be subject to criminal penalties.
If you are the victim of domestic violence, you should contact an attorney to discuss your legal options and determine whether filing for a civil order of protection is proper.
Not yet ready to end the marriage? A couple may wish to go their own ways and live apart yet remain married. It is not a dissolution of marriage. They may choose to obtain a legal separation. To file for legal separation in Illinois, one spouse must have resided in the state for at least 90 days before filing, and they must be living separately at the time of filing. The courts can then decide on the division of property, allocation of parental responsibilities, parenting time, and child support, to name a few facets of marriage and parenting that require consideration and agreement.. If you’re considering a legal separation in Illinois, it’s important to consult with an experienced attorney who can help you navigate the process and ensure that your rights are considered and protected.
Sometimes referred to as an “annulment,” invalidity of marriage is allowed in a narrow range of circumstances. For example, bigamy by one spouse, that is, when one spouse is already married, is one circumstance where a declaration of invalidity is allowed. Fraudulent circumstances unbeknownst to the other spouse are another such situation. An example of this may occur when one spouse wishes to obtain the benefits of marriage to avoid legal action. Also, a marriage forced by one party may be grounds for invalidating the union. Additionally, underage spouses who marry without obtaining permission from their parents or the Illinois court are grounds for invalid marriage. This article is intended to clarify some of the confusion surrounding the legal terms used in the Domestic Relations Division of the Illinois civil court.
The Inverness Family Law Attorneys at Cooper Trachtenberg Law Group LLC offers a dedicated and experienced team of lawyers to help you navigate through the myriad of complex and frequently confusing legal steps. If you need our support or answers to any domestic relations matters, contact our team at 847-995-8800 today to schedule a consultation.
Inverness is a village in Cook County, Illinois, located about 30 miles northwest of Chicago. Inverness has about 7,619 people as of 2020.
Inverness is known for its high-end homes and its excellent schools. The village has several parks and recreation facilities and various shops and restaurants.
The Village of Inverness website is an excellent resource if you consider living in Inverness, Illinois. The website provides information on the village government, schools, utilities, and other pertinent information for visitors and residents.
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