Family Law

The Clinton Law Firm approaches your family law needs from the perspective of experienced business litigators. The Clinton Law Firm brings skillful negotiation and top litigation strategies to resolve your case. Clinton Law Firm lawyers understand that while you may be going through a difficult time, you want to move on with your life quickly. That is precisely why they handle your case aggressively from the start, using good economic sense and business etiquette. The attorneys at The Clinton Law Firm have experience with divorce, spousal maintenance and support, child support, custodial issues, orders of protection, marital settlement agreements, pre and post-nuptial agreements, and issues between unmarried couples.

Divorce

Our attorneys have an in-depth understanding of the Illinois Marriage and Dissolution of Marriage Act and the experience needed to efficiently guide you to a resolution of all your divorce issues. We can help you negotiate a marital settlement agreement with your spouse that will address such issues as the equitable division of marital property, or if necessary, will protect your family's interests through aggressive litigation.

Spousal Maintenance & Support

During a divorce or legal separation, the court may award permanent or temporary spousal support to be paid in a lump sum or over a fixed or indefinite time period. When deciding whether or not to award support, the court considers many factors, including the spouses' relative income, property, and earning capacity; the marital property division and tax consequences; the standard of living established during the marriage; and the duration of the marriage.

Child Support

Illinois law (750 ILCS 5/505) requires that both parents provide support to their children, including meeting all of the reasonable and necessary physical, mental, and emotional health needs of their children. In general, child support is awarded to the spouse with primary physical custody ("payee" spouse) based on statutory guidelines, taking into account the number of children and the income of the payor spouse.

Child Custody & Visitation

The court generally awards custody and visitation based on what it determines to be in "the best interest of the child." If the parents are able to cooperate in the parenting of their child, joint physical and legal custody may be awarded, which means that they share parenting time and are both responsible for the child's well-being, including decisions regarding education, health care, and religious training. The court may also award sole legal custody or sole physical custody to one parent, with the non-custodial spouse receiving reasonable visitation rights, or any combination of joint and sole legal and physical custody. However, it is rare for the court to award sole legal and sole physical custody to one parent.

Orders of Protection

An order of protection is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. They offer civil legal protection from domestic violence to both men and women victims, as well as to minor children. Physical abuse, harassment, intimidation of a dependent and interference with personal liberty are grounds for seeking an order of protection. The order of protection may tell the abuser to stop his or her behavior, leave your shared residence, stay away from your home, work, or school, and prevent access to the children's school or other records or removal of the child from the state.

Marital Settlement Agreements

These agreements can resolve the issues between divorcing spouses without resorting to a judge to make those decisions. Illinois dissolution of marriage laws allow for such agreements to encourage the amicable settlement between the parties to a divorce. Courts will normally uphold the terms of the settlement unless the agreement is unconscionable. The terms of the agreement can be fairly comprehensive, and may include terms regarding the possession and ownership of the marital residence, maintenance or waiver of maintenance, disposition of business interests and waiver and release by the other of employee benefit plans. Such agreements can save a lot of time, money and emotional stress that would otherwise be prevalent in litigation. Clinton Law Firm lawyers will work diligently to resolve all family law cases where appropriate.

Prenups & Post-nuptial Agreements

Clinton Law Firm attorneys have experience with Prenuptial (premarital or antenuptial) and postnuptial (post-marital) agreements can help preserve a marriage by minimizing the likelihood of disputes before they have a chance to emerge. Marital agreements allow the spouses to list their property and debts and to determine such issues as:

• What property is marital, and what property is non-marital and consequently not subject to division upon divorce,
• Spousal support in the event of a divorce,
• Providing for children of previous marriages or relationships.

Paternity

Establishing paternity or parentage gives a father certain rights and responsibilities in regard to his child. For instance, paternity is essential to collecting child support, can help a father obtain custody or visitation of his child, and helps establish the child's inheritance rights as well as rights to health insurance, social security, and other benefits. Our attorneys can assist clients in establishing paternity, as well as helping fathers contest inaccurate declarations of paternity.

Modifications

Even after a divorce or other family law issue has been finalized, a parent's or spouse's circumstances may - and often do - change. Circumstances justifying a modification to a support order may include a former spouse's increase or decrease in income due to a promotion, unemployment, or even remarriage. A child custody modification may be warranted when one parent wishes to relocate ("move-away") or if substantial changes in the other parent's lifestyle may threaten or harm the child.

Unmarried Couples

The difficulties that married couples encounter in a divorce are often similar to issues that unmarried couples experience during a break-up. The Clinton Law Firm will protect your interests, children, animals and property through negotiation of settlement agreements with your former partner or through aggressive litigation if necessary.

Seek Experienced Representation

The Clinton Law Firm appreciates the delicacy and importance of family law issues. Their attorneys will get you through your divorce or family law matter with confidence and efficiency. To discuss your legal needs with an attorney, contact The Clinton Law Firm today.