If you have questions about how your state's laws may address the issues in your marriage or family, contact our firm to schedule a consultation with an experienced family law attorney.
Legal Information About Family Law
Whenever possible, Calabrese Associates, P.C. believes in resolving family law matters in ways which minimize emotional turmoil. However, we never compromise when it comes to defending our clients' rights and interests. We will work to resolve your problem in the most positive manner possible.
Some basic information about topics in family law appear below. If you have questions about your situation, an attorney at our firm can provide you answers and discuss the steps we could take to help you achieve your goals.
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For a consultation with Calabrese Associates, P.C., call 888-849-2905 toll free or contact us online.
From our offices in Warrenville, Illinois, we serve clients in Naperville, Wheaton, Aurora, St. Charles, Glen Ellyn, Downers Grove and other communities in DuPage County, Kane County, Will County and Kendall County.
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Mediation is a technique that may provide many benefits when resolving family law problems. Attorney Michael J. Calabrese is a licensed mediator and also represents clients in mediation sessions. To learn more about the mediation process, call our firm toll free at 888-849-2905.
Calabrese Associates, P.C. has extensive experience in cases involving complex property division, such as business valuations, division of retirement accounts and the division of large marital estates.
Family Law - An Overview
Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other. When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law attorney at Calabrese Associates in Warrenville, Illinois, often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of your family law matter.
Typically, family law attorneys assist people in making and breaking family relationships. Specific areas of representation include marriage and relationship planning, divorce, paternity, child custody and child support. Some family law attorneys also provide assistance in the area of adoption.
Marriage
Marriage is a legal and business union as much as it is a romantic one. Because marriage is a legal and business arrangement, it may be wise to consult with an attorney at Calabrese Associates about the advantages of premarital and prenuptial agreements. Many couples find it helpful to work through financial issues and the potential disagreements such issues can create before entering into a marriage.
Divorce
Divorce is a method of terminating a marriage contract. From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children. Each state addresses these issues differently. However, most states follow the same basic principles and use relatively uniform standards.
In some states you may need to prove fault, commonly referred to as grounds, to obtain a divorce. However, the majority of states allow at least one form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. If no-fault grounds for divorce are available in your state, either you or your spouse may obtain a divorce, even if one of you does not consent to the divorce. In some states both fault and no-fault divorce are available.
In most divorces, the primary issues to be decided are alimony or spousal support, property division and, if there are children, child custody, visitation and child support. When spouses agree on how to resolve these issues, they can usually obtain a divorce quickly. However, in many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Property division and alimony are often hotly contested issues in divorce proceedings, but the early advice of a family law attorney may be able to impact the ultimate result favorably.
Child Custody and Visitation
The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody and legal custody. Physical custody typically involves allocating parental rights and responsibilities regarding the day-to-day care and activities of the children. Legal custody typically involves allocating the legal rights and responsibilities associated with the child's upbringing.
Sometimes the parents agree to an arrangement; sometimes the court determines one for them. In the past, courts routinely gave mothers physical custody and gave fathers visitation rights. Today, the courts have begun to realize that sometimes it is in the best interests of the children to reside with the father and reverse the roles of the parents. In general, the courts favor joint ongoing child rearing responsibilities with the children residing where it is most practical and where they will flourish. The advice and assistance of a family law attorney can help parents to establish child custody and visitation agreements that focus on the best interests of the children.
Child Support
Parents must financially support their children. That obligation usually lasts until the child reaches the age of majority (usually 18 or 21 years old depending on state law) or becomes self-supporting. An order for child support may be entered during or after a divorce, and either parent may be ordered to pay support depending upon how custody is arranged. In most states, an unmarried mother may also file a petition for child support in family court, and an order for support will be entered once paternity has been established.
A parent who fails to remain current on his or her child support obligations faces significant penalties. Every state has a child support enforcement office that works with the family court to suspend professional or business licenses, take away driver and recreational licenses, require payment of future owed sums in advance or place non-paying parents in jail when child support obligations are overdue. Because of the state specific requirements involved in child support, parents can benefit from the advice and involvement of a family law lawyer at Calabrese Associates in Warrenville, Illinois, when child support issues arise.
Contact a Family Law Attorney
Family relations create a host of legal consequences. A family law attorney at Calabrese Associates in Warrenville, Illinois, can explain the laws that apply to your particular situation and help you to make informed choices for you and your family.
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