Family Law
Dissolution of Marriage:
A Dissolution of Marriage is the legal term for Divorce or Legal Separation. Illinois and Michigan follow a uniform code which means that the laws that guide these cases are essentially the same; however, the way that the code is interpreted and the process can be very different. For instance a 50/50 split in Marital Assets is typically what the code states. In Illinois, the court will look for the easy route and split everything down the middle if the parties are not able to reach an agreement. A court in Michigan on the other hand, will look for what it considers to be a more “equitable” division and will consider factors like who contributed more to the Marital Asset or how other Marital Assets have been allocated. It is essential to speak with an expert in Family Law cases to know what your rights are in your State.
Allocation Of Parental Responsibilities
When there are children involved in a relationship even if the parents were never married, both biological parents (in some occasions even non-biological parents and grandparents) have rights that are protected by law. Both parents have the right to be involved in their child’s life unless one parent is able to prove otherwise. This means that certain allegations have to be made to show that one parent is unfit before a court will consider limiting that parent’s rights. These rights include but are not limited to making significant decision making. Significant decision making can include choosing what religion the child practices, what schools the child will attend, and even what medical providers the child will see. Child Support also falls under this header. Child Support in both Illinois and Michigan is based on both parents incomes and both parents have a responsibility to support the child financially. Speaking with an Attorney in your State will help guide you through the code so that you understand your rights as a parent.
Allocation of Parenting Time
Parenting time is as much a right as it is a privilege. As previously mentioned, if the court deems a person to be an unfit parent, this subject gets rather complicated but not impossible to resolve. Guardian ad Litems are put in place by the court to represent the child’s interest. These individuals will investigate the parents, set perimeters, and even recommend outside professional help when necessary to reunify parents with their children. The goal of the court is to do what is in the best interest of the child. The Uniform Code and studies lead us to believe that having both parents equally involved in the child’s life is the most ideal situation. If the parents live close enough to each other (same school district) and it is possible for parents to split parenting time 50/50, the court will lean on that option heavily. If it is not in the best interest of the child because of distance or other factors, the Court is forced to seek alternative parenting schedules. It is important to consult an attorney with Family Law experience in your State to assess your case.
Other Considerations
As much as I hate to admit it, there are countless of financial considerations that must be accounted for in Family Law matters. Both Child Support and Spousal Maintenance are based on the Uniform Code and State Guidelines. These calculations are based on both parties’ incomes. Unfortunately this is where most of the conflict from Family Law cases rear their ugly heads. The legal process takes longer and becomes more expensive with the parties require a deep dive into the finances of the other to discover assets or actual incomes. Both parties are required to fill out Financial Affidavits which serve as sworn testimony and this is typically where the search begins. If both parties are being truthful in divulging their assets and income, the parties can agree to waive expensive discovery measures. When one party suspects the other of hiding information, the case becomes much more complicated and costly. Our office can handle any type of case from the simple Uncontested Dissolution to the much uglier Contested Dissolution matters. For more details please feel free to contact The Law Offices of Jose E. Lebron.
