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Family Law Attorneys in Chicago

Family Law Attorneys in Chicago

Family law guides not only divorce but also post-divorce term modifications, challenging divorce terms that can stall the process, parenting matters outside of divorce, prenup and postnup agreements, paternity, and beyond. Because your rights hang in the balance, having an experienced family law attorney in Chicago in your corner is always in your best interest.

Divorce

If you’re facing a divorce, there are specific terms that you must resolve, and any one of them can become a sticking point. These terms include:

  • The division of marital property, which tends to become more challenging the higher and more complicated the assets are – business ownership is a common complication
  • Child custody, which breaks down into parental responsibilities or legal custody and parenting time or physical custody
  • Child support, which tends to be guided primarily by the number of overnights each parent has and each parent’s income
  • Alimony, which only plays a role when divorce leaves one ex with a financial need and the other with the financial ability to help

Prenuptial and Postnuptial Agreements

Prenups and postnups are legal contracts that have earned quite a reputation for being underhanded or somehow tricky but are actually intended to address specific terms of divorce ahead of time to help ensure they won’t become sticking points in the event of divorce. While a prenuptial agreement does not hasten or increase the chance of divorce, it can help to ensure that your rights are better protected if your marriage does end in divorce, which is a potential reality that should not be ignored. Prenuptial agreements are created prior to marriage and are executed once the couple marries, while postnups are created and executed within the marriage. 

The terms that can be addressed include:

  • The division of marital property
  • The matter of separate property 
  • The inheritance rights of children from a past relationship
  • Alimony

Child custody determinations are always made in response to the children’s best interests at the time of the divorce, and child support can only be included in a prenuptial or postnuptial agreement if the terms exceed those required by the state. 

Paternity

When a couple who is married has a child, the child’s paternity is presumed by the state, and no further steps are required to secure who the child’s father is. When the parents, however, are not married, paternity is generally established in one of the following ways:

  • If the mother and father are in agreement on the issue, they can sign and file a form with the court. 
  • If the mother and father are at odds on the issue, either can request that the court resolve the matter, which generally means DNA testing.
  • The court can require that paternity be established via DNA testing.

Reach Out to an Experienced Family Law Attorney in Chicago Today

The practiced family law attorneys at Hammer Serna & Quinn in Chicago dedicate their practice to skillfully guiding cases like yours toward favorable resolutions that uphold their rights and best interests. Your case is important, so please don’t wait to contact us for more information today.  

Get In Touch

Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.