Chicago Family Law Attorneys

Family law covers legal matters concerning domestic relationships. Examples of situations when you may need a family law attorney include divorce, child custody and support, maintenance, visitation, paternity, and adoption. Agreements can be reached through mediation, where all parties and their lawyers work together collaboratively. Matters can also be litigated in the family courts, where a judge provides a legally-binding decision. Most family law disputes are highly emotional, so it is vital to work with a legal team that is supportive, communicative, and respectful. Each relationship dynamic is unique, and personalized legal strategies are essential to reaching resolutions that are fair and represent the best interests of all parties.

Generally, a divorce is considered a high-net-worth divorce if the couple has over $1 million in wealth or assets. These divorces are often complicated because of diverse financial portfolios. In addition to standard property, high-net-worth couples may also own a business, large amounts of real estate, trusts, luxury or antique collectibles, stocks, and other investments. The challenges divorce attorneys face in these cases include finding and valuing all of the assets. Third-party experts, like forensic accountants, can provide important information and transparency. Additionally, high-net-worth divorce agreements usually involve petitions for maintenance or other financial support, leading to contentious negotiations and court proceedings.

Child custody, parenting plans, and visitation are all determined by what a judge determines to be in the best interests of the child. The goal is to provide the child with stability and an environment that meets their physical, emotional, and mental health needs. The judge will consider the relationship each parent has with the child and if they can provide essential basic needs like food, education, housing, healthcare, and clothing. The judge will also review each parent’s history, looking for red flags like substance abuse or physical abuse. The court may look at character statements, interview other close family members, and the child to reach a resolution. If the child is older, their wishes may be factored into the custody agreement.

When calculating maintenance (also known as spousal support and alimony), the judge may consider several factors. The length of the marriage is influential, as is the difference in spouses’ earning potential. The goal of maintenance is to help the lower-income party maintain the same quality of life they were accustomed to during the marriage. The judge will consider the hirability and vocational skills of both spouses to ensure spousal support bridges gaps. For example, let’s say one spouse left their job to raise children and give their partner the opportunity to grow their career. It is reasonable to assume that the spouse would not be able to reenter their previous field at the same level, limiting their income potential.

Other factors that are taken into account are the existence of a pre or postnuptial agreement or whether one spouse’s egregious behavior led to the divorce, like adultery. Maintenance can be awarded on a temporary or permanent basis, depending on the couple’s financial situation.

There is no set timeframe for divorce mediation. Some cases are resolved in a matter of months. Others take six months or longer. Factors that can influence how long divorce mediation takes include how complicated the couple’s finances are, how cooperative the parties are, and the emotional state of both spouses. Usually, each mediation session lasts a few hours. They are scheduled several weeks apart to give both sides ample time to prepare and revise documents, gather evidence, and build arguments.

Establishing goals early can help streamline the process. Willingness to compromise is also a factor. Couples who are communicative or united on key issues like child custody and property or asset division may reach resolutions faster.

Following mediation, the divorce agreement must be finalized by a judge. There may be delays with scheduling or other obstacles with court proceedings that hold up the divorce.