Experienced Divorce & Family Law Attorney Serving the Jerseyville, IL Area
Cases like these are sensitive and can get complicated easily. That’s why it’s important to know the difference in divorce & family law cases and what might be the best option for your situation. Regardless, know that the office of John W. Guntren is here for you every step of the way.
Contested Divorce – Contested divorce is when parties aren’t able to compromise on issues and settlements and have to appear before a judge to await final ruling. These typically take place when people are dealing with sensitive issues such as child custody battles or multifaceted financial issues are present.
Uncontested Divorce – Uncontested divorce occurs when the two parties can trust and can work together towards agreements. Once they reach an agreement, it is presented in front of a court for final reasoning and approval.
In the state of Illinois, before you get married there is such thing called the Illinois Uniform Premarital Act. It provides for broad enforceability of premarital agreements that are often full of fair disclosure of income, assets, and the opportunity for each spouse for representation of counsel. There is more to this type of law and should be discussed over with an attorney.
If you are careful to keep your non-marital assets such as real estate, stocks, bonds, etc. in your own name, you will not need a premarital agreement if you feel you need to protect those assets. But how do you know what to protect? If you have any non-martial assets, such as investments before that marriage, or inheritances, it is recommended that you leave those in your own name and not allow for joint ownership. Nor should you ever mix your premarital and mon-marital properties. Illinois law is favorable to premarital agreements so long as both parties to the agreement are represented by counsel and there is full and fair disclosure of assets and liabilities.
Child Custody & Support
When two individuals are in the process of separating with a child involved, it’s unlikely that both parties “win.” That’s why it is crucial that if you are going through a separation with children involved that you speak and negotiate with an attorney present. It’s important that you know the State of Illinois has recently underwent a change in the child custody battle. It is now formally known as The Allocation of Parental Responsibility. This entails that parents are expected to develop a plan for dividing such responsibilities. With an attorney present, we can make sure that we offer advice that will accurately structure your parenting arrangements. With more difficult cases, we can also step in as a legal intermediary to make sure that nothing gets out of hand and all voices are heard.
When you sit down with an attorney you will have to discuss more than primary custody. You will have to discuss parenting time (visitation hours), travel stipulations, schooling, extracurricular activities, and even religious practices. Most times, agreements aren’t easy, so all circumstances will be laid out before a judge for a final ruling. As an attorney, we promise that we will listen to both parents to achieve the best possible results. There are two sides to every story, so everything needs to be made known for the best interest of the child. With professional, legal representation, we can solidify your case and work towards the best solution. Again, we know going through separation is a sensitive subject, so rest assured that we are here for you and will work together as a team.
Handling of child support is important and matters. There are several factors that determine the appropriate amount of child support. The most common factors include:
- Childs Financial Needs & Resources
- Both Parents Financial Needs & Resources
- Childs physical, Mental & Emotional needs
- Childs Educational Needs
- The Standard of Living the Child Would have had without Divorce
The state of Illinois has reevaluated in which these percentages are calculated. They are based on both parent’s net income, time, and responsibilities. Some Illinois statutory Factors for Net Income Determinations are as follows:
- Federal Income Tax Paid
- State Income Tax Paid
- Social Security Income Tax Paid
- Medicare Tax Paid
- Mandatory Retirement Contributions
- Union Dues
- Dependent and Individual Health/Hospitalization Paid
- Prior Obligations of Support or Maintenance Paid Pursuant to A Court Order
- Foster Care Payments by The Department of Children & Family Services For Providing Licensed Foster Care.
All of theses factors, and more based upon circumstance, are examined when determining child support. Contact our office and we will give you honest, and fair advice on your divorce & family law matter. Know that you can count on the office of John W. Guntren to assist you through your case every step of the way.
For some couples, filing for legal separation is easier than filing for divorce. There are many reasons as to why people choose legal separation over divorce and here is why:
- Religious Beliefs
- Tax implications
- Debt
- Unsure if they want to seek dissolution of marriage & can be temporary.
But What Is Legal Separation?
Legal separation does not end a marriage like a divorce. A legal separation is good for those who are considering divorce but aren’t entirely sure and is reversible at any time. Often, couples will go through a period of separation before they file for divorce. However, like divorce, there are multiple factors that go into pursuing and filing legal separation such as:
- Alimony/Spousal Maintenance
- Property Division
- Child Custody & Visitation
- Child Support
When you file for legal separation your finances and debts are disconnected from your spouse. However, you are still legally married, meaning that neither person can marry another person unless divorced.
At the office of John W. Guntren, we are here to assist our clients in the process of legal separation. We will help ensure that your finances are separate, and liabilities are protected under the law. To learn more about legal separation, please contact our office and we would love to sit down with you and discuss the specifics of your divorce & family law case.
In the state of Illinois, you have the option to annul your marriage, meaning that you are Declaring Invalidity of Marriage. This makes it as if the two individuals were never married. The court will provide a civil annulment and the history of the marriage will no longer exist as if you were never married. However, it is not as simple as it sounds. Choosing to annul your marriage is a big deal and requires special circumstances. It is better handled at the hand of a local attorney ensuring that it is the best decision for both parties and that it qualifies. You need to be aware of various reasons to Declare Invalidity of Marriage. Contact us to discuss if this applies to you.
Most people who seek an annulment do not qualify and will end up having to go through the process of divorce. Based upon your circumstances, we will see if an annulment is the best solution for you.
If you need to establish paternity and your rights, contact our office today to set up a consultation with an attorney. We have the knowledge and expertise to handle all types of divorce & family law, including paternity cases. Establishing paternity can be represented at all phases of the case. Child welfare is the heart of the situation alongside financial support needed to raise and provide for a child. It’s also a good idea to know the child’s biological history to get a full picture of potential health concerns the child might inherit.
There are two ways one can establish parentage:
- Through DNA testing
- Simple, Affordable & Accurate
- Voluntary Admission
- The signing of a legal form claiming paternity
Once paternity has been established, the parental rights are then protected by law. Meaning that if a father chooses to sign a form stating that he is the father of a child, there is a time-sensitive window in which to rescind that admission. That’s why it’s important that you work with attorney before signing papers, making sure that it is the best interest for you and the child.
Protecting Your Parental Rights
The establishment of paternity impacts parental rights and should be taken very seriously. This type of law should not be completed without an attorney present because it can have an effect and influence on child adoption and removal. Sometimes if legal paternity has not been established, father who registered with the Illinois Putative Father Registry will be notified about pending adoptions. If a father registers, there are time limits to file for paternity action or they can lose their rights to contest an adoption of their biological child.
Ever case is different and there is a lot more that goes into a paternity case based upon the situation and the other family parties involved. If you are wanting to open or start a Paternity Case, please contact the office of John W. Guntren to get started. We offer expert divorce & family law advice and will work towards the best possible solution on a case by case basis. If you have any further questions, please call our office to get started.
Adoption is a legal way of adding immediate family members. It can become extremely complex and time consuming. A successful adoption requires a very attentive legal professional to guide you through the process of Illinois adoption law.
The Types of Adoption
Stepparent Adoption – This is the most common form of adoption in the State of Illinois. In this case, stepparents take on the legal responsibility of their spouses’ biological child, terminating other birth parent responsibility. This type of adoption requires background checks by Illinois Law, while also ensuring that any objections by the biological parent are addressed if they’re not deceased.
Co-Parent Adoption – This form of adoption is for same-sex couples who want to formally adopt their partners biological child. By co-parent adopting it gives the non-birth parent the authority to make important decisions for the child such as medical care, and education. For same-sex couples raising children together, this is the most valued adoption type.
Grandparent/Standby Adoption – Based on circumstances, grandparents or other relatives may consider adopting another family member child. This adoption style is for those who want to ensure a child stays within the family and protected after their birth parents’ death, or other circumstances. This is also referred to standby adoption and creates a legal relationship necessary for Illinois courts to recognize bonds of guardianship & inheritance in the face of difficult times & circumstances.
Adopting from Birth Parents – The state of Illinois allows for people to adopt directly from birth parents. It can be in the form of “open” or “closed” processing. Open is when the birth parents and the adopters communicate directly and closed is when the birth parents would rather stay anonymous. Both sets of parents will benefit from professional and compassionate advice regarding each legal situation with the help of our attorneys.
Child support enforcement are for those who need help to establish paternity, receive child support and enforce support obligations. Our legal team will work the Illinois Department of Healthcare Family Services (HFS) to assist in custodial parents or legal guardians for the following reasons:
- Establishing Paternity
- Obtain Child Support and Medical Orders
- Modify Current Orders
- Enforce Payments If the Obligator Fails to Pay
Under federal law, all states are required to have a Child Support Enforcement Program. In the state of Illinois, the Department of Healthcare Family Services is the designated IV-D agency.
Typically, when there is final judgements and court orders, they remain permanent. However, their can be changes to your child support may be necessary based on circumstances, such as death. In these types of circumstances our law office is here for you and will keep your child in mind during these difficult times. These types of cases can become very complex based on the situation and can become stressful due to a disrupt in routine, and financial disruptions. Either way, our office is here for you every step of the way.
From modifications of your current child custody situation, to the enforcement of child support, there is not a case too complex for our office. We will work together for the best possible outcome for your child and we will try and make it as stress-free as we can.
If you are contemplating a divorce or legal separation, it is normal to consider if alimony is appropriate for your situation. The court will consider and examine all the specifics of your situation and will award or decline spousal maintenance when considering the following:
- Sources of Income Per Each Parent
- Each Party’s Property Prior To Marriage and Current
- Each Party’s Needs
- Each Party’s Earning Max
- Parenting Responsibility
- & More
These are the most common, but not limited to, reasons that people investigate their alimony rights. However, there are guidelines in which the court will follow in relationship to your specific case. The amount of Alimony one can receive is broken up into many different categories and are based off the income and duration of the marriage. You also must consider the tax deductions and new maintenance orders. Please contact our office to speak with a trusted divorce & family law attorney about alimony law and your situation. We will provide you with expert advice and will carefully examine your case and will work together towards the best possible solution.