Figiel Law Offices, Ltd.
                                  
Call now for a consultation  773.774.6084
Home      
FAIL (the browser should render some flash content, not this).
 
  Figiel Law Offices, Ltd.
7111 West Higgins Avenue
Chicago, Illinois    60656
tel:  773.774.6084

       800.681.6084
fax: 773.774.6085
email:
lawyers@figlaw.com


 
Legal Services

  DIVORCE

In order to obtain a divorce,  also known as a dissolution of marriage, a spouse must file a Petition for Dissolution of Marriage. In order to file for a divorce in the State of Illinois, one of the parties must reside in the State of Illinois at the time the case is started and maintain residence in the State of Illinois for at least ninety days before the Judge signs what is called a Judgment for Dissolution of Marriage. In order to begin, a Petition for Dissolution of Marriage must be filed in the appropriate Court and the Petition for Dissolution must contain certain statutorily defined requirements. Among the requirements is stating the grounds for divorce. In Illinois, grounds for a divorce include irreconcilable differences, mental cruelty, physical cruelty, adultery, habitual drunkenness for the span of two years, gross and confirmed habits of excessive use of addictive drugs for two years, conviction of a felony, willful desertion for one year, natural impotence, transmission of a sexually transmitted disease, and an attempt on the life of the other by poison or other means showing malice. In order to use irreconcilable differences as grounds for divorce, the spouses must live separate and apart for two years or for six months if both sign a waiver of the two-year waiting period. Although a party need only prove one ground to obtain a Judgment for Dissolution of Marriage, the Petition for Dissolution may contain more than one ground for divorce. As a matter of strategy, your attorney may suggest one or more grounds to use in your Petition for Dissolution of Marriage. If you are already involved in a divorce proceeding, or are considering starting one, contact the attorneys at Figiel Law Offices, Ltd. at 773.774.6084. We are seasoned professional who can help protect your rights and interests.

  DIVISION OF MARITAL PROPERTY

As a general rule, marital property is all property that is accumulated from the date of a marriage until the date that a divorce is finalized. In some instances, assets purchased in anticipation of marriage are also considered marital property. Certain property that is acquired during the marriage can be considered non-marital; namely, gifts intended for one spouse, inheritances, and the exchange of non-marital property for property. In Illinois, marital property is divided equitably. What is equitable is not always equal. An equitable division means a fair division. You should contact the attorneys at Figiel Law Offices, Ltd. at 773.774.6084 to discuss the valuation and division of your marital estate.

 MAINTENANCE

Maintenance, formerly known as alimony, is money paid by one spouse to the other on a temporary, permanent or reviewable basis. A spouse may have a right to receive money from the other spouse to start the process of becoming financially independent. If you are seeking maintenance, contact an attorney at Figiel Law Offices, Ltd. at 773.774.6084 to discuss your financial needs and your spouse’s ability to meet those needs. If you need protection from a spouse who is seeking maintenance, contact an attorney at Figiel Law Offices, Ltd. at 773.774.6084 to discuss protecting yourself from a support obligation that is too high or too long.

   CHILD SUPPORT

The person who must pay child support is known as the obligor. The person receiving child support is known as the obligee. In Illinois, the obligor will pay a certain percentage of their net income based on the number of children that must be supported. Child support in Illinois is based on the following guidelines:

One child        20%
Two children   28%
Three children 32%
Four children  40%
Five children   45%
Six or more children 50% 

Net income is specifically defined by the Illinois Marriage and Dissolution of Marriage Act. In order to determine net income certain items must be deducted from gross income.  Although the calculation is not complicated, it is not as straightforward as using the net income from an income tax return. If you have a child support obligation, or are seeking child support, contact one of the attorneys at Figiel Law Offices, Ltd. in order to properly calculate the child support amount. We can be reached at 773.774.6084 and we can help establish, modify and enforce child support obligations.

  CUSTODY

The parent who has custody of the children is the parent who makes major decisions affecting their children.  Major decisions include those concerning medical treatment, religion and education.  The minor decisions, also referred to as day-to-day decisions, are made by the parent who is in possession of their children at the time such a decision must be made. Custody takes two forms: sole and joint.  If joint custody is ordered then the parents must discuss major decisions with one another before such decision is made. If sole custody is Ordered, then the parent awarded sole custody makes the major decision.  If parents do not agree as to the custodial arrangement, then it is likely that a Judge will Order the parties to attend mediation.  In Cook County, it is mandatory for parents to attend mediation if there is no agreement on an issue such as custody or visitation. If you believe you will have custody issues to address in your divorce, then be sure to discuss the factors that may affect your children’s best interests with the attorneys at Figiel Law Offices, Ltd. at 773.774.6084.

   VISITATION / PARENTING TIME

The attorneys at Figiel Law Offices, Ltd. understand that nothing is more important to you than your children. You have a right to spend quality time with them and this right should be placed into a Court Order.  By doing so, you can enforce your right to spend time with your children. The schedule itself should be crafted to suit your particular family’s needs. You should discuss parenting time with one of the attorneys at Figiel Law Offices, Ltd. in order to create a parenting schedule that is realistic given your, and your children’s activities. We can be reached at 773.774.6084 and can help establish, modify and enforce visitation schedules.

   ORDERS OF PROTECTION

The Illinois Domestic Violence Act provides that an Order of Protection can be established for up to two years and can restrict the ability to contact, harass, stalk, abuse or be near a protected party. If you are a victim of domestic violence, or have been accused of domestic violence, then you should speak with the attorneys at Figiel Law Offices, Ltd. at 773.774.6084.

   PRENUPTIAL AGREEMENTS

Prior to marriage, parties may enter into a prenuptial agreement, also known as premarital agreement and ante-nuptial agreement, in order to define their respective rights and obligations in the event the marriage breaks down and ends in divorce. The validity and enforceability of such an agreement may be questionable if both parties are not represented by their own attorney and if full disclosure is not made. If you are considering getting married and would like a prenuptial agreement or are involved in negotiations in drafting a prenuptial agreement, then contact the attorneys at Figiel Law Offices, Ltd. at 773.774.6084. 


 

 
 

Family Law &  Divorce Home ] Divorce Attorneys ] Contact Figiel Law - Family Law & Divorce ] Divorce Facts & Information ]
Copyright 2006 © Figiel Law Offices, Ltd. All rights reserved.
Disclaimer  |   Privacy Policy