Palos Heights Family Law Attorney

Palos Heights Family Law Attorney

The area of family law covers much more than divorce, as it also encompasses issues related to complex property division, domestic abuse, spousal support, child custody, and modifying pre-existing court orders. While it is true that many of these issues crop up during divorce proceedings, these are by no means the only times that they are raised. In fact, it is not uncommon for two parents to initiate child support proceedings even though they were never married, for a relative to seek visitation of a child, or for a family member or romantic partner to file a domestic violence claim against his or her abuser in family court. To ensure that you are represented by an experienced Palos Heights family law attorney, please contact our legal team today.

Divorce in Illinois

Illinois couples qualify for divorce as long as one of the parties can prove that he or she has lived in the state for the last three months. Once this burden has been met, the parties need only establish that irreconcilable differences have caused their marriage to break down and that reconciliation is not possible. This no-fault method of filing for divorce has significantly reduced the contention and difficulty of dissolving a marriage in Illinois, a trend that is in stark contrast to prior decades when spouses were required to prove that one or the other was specifically at fault for a union’s failure due to adultery, abuse, mental cruelty, or abandonment.

That is not to say that filing for divorce is easy, as the process still requires couples to grapple with a host of complicated issues, such as property division and spousal maintenance, so if you are thinking about filing for divorce, it is critical to speak with an experienced family law attorney who can explain your legal options.

Modifications

Another common issue faced by family law courts involves modifying pre-existing court orders. For instance, many parents who reach an agreement regarding child support or allocating parenting time seek to change the terms of those agreements at a later date. Whatever the issue, Illinois has strict guidelines for changing a family court decree. When it comes to child support orders, for example, courts will only approve a modification when the petitioning party can prove that:

  • There has been a substantial change in circumstances that justifies the change; or
  • There is a clear inconsistency in the existing child support award; or
  • The health care needs of the couple’s child require modification.

Modification of a spousal maintenance order, on the other hand, requires proof of a substantial change in circumstances, which could include a change in employment status, remarriage, or an impairment in the earning capacity of either party. Modifying an allocation of parental responsibilities is even more difficult, as this process can only be undertaken if at least two years have passed since the initial judgment was entered and both parents either agree to the modification, or one of the parties has seriously endangered the well-being or health of the child.

Seek Advice from an Experienced Palos Heights Family Law Attorney

For help with your family law matter, please call the dedicated Palos Heights family law lawyers at Demetrios N. Dalmares & Associates, Ltd. by sending our legal team an email at info@dalmareslaw.com today.

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