5277 Trillium Blvd., Hoffman Estates, IL 60192

After hours availability | FREE initial consultation phone

630-388-8253

Hoffman Estates Divorce Lawyer

Attorney Handling Child Custody and Support Disputes in Rolling Meadows and Schaumburg

Schaumburg Family Law Lawyer

Most people would prefer to handle legal disputes within their family in a peaceable fashion, so as not to cause residual harm to children and other family members. Unfortunately, disputes over money and parenting can sometimes become contentious, even exploding to the point of excessive litigation and false accusations. When you find yourself embroiled in a difficult divorce or child-related dispute, you need a lawyer who will advocate strongly for your interests but will also work efficiently toward a resolution.

At the law office of The Law Office of Brian M. Krause, P.C., we understand that matters of divorce and family law can be fraught with emotion. When a dispute drags on, we seek to understand the total context of the problem, including the financial, legal, and emotional issues in play. We can then artfully position our recommendations in a way that will lead to a final resolution of the issue rather than protracted litigation.

With over a decade of experience in business law, attorney Krause is particularly well versed in the financial and tax consequences of divorce. You can rely on him to make sure you get your full share of marital assets and to ensure that your pre-marital and inherited assets are protected as your sole property.

Our office handles matters of family law such as:

  • Divorce
  • Parenting time disputes, formerly known as custody and visitation
  • Child support disputes
  • Court order modifications and enforcement
  • Estate planning, including the designation of guardians for minor children

Basics of Illinois Divorce Law

Some key facts you should know about Illinois divorce law are:

  • Timing. Illinois has no minimum separation period or mandatory waiting period to obtain a divorce. The speed at which your divorce is finalized is mainly dependent on how quickly you and your spouse can reach a settlement agreement. Three to six months is common, but if you have complex debts and assets and/or you have many disputed issues, it could take a year or longer.
  • Division of property. Income and assets acquired during a marriage are generally considered to be marital property. Assets acquired before marriage, gifts, and inheritances are generally considered non-marital property. Marital property is to be divided "equitably," which does not mean 50/50. Rather, the division of property may take into account a variety of factors including the age, health, employability, and other circumstances of each spouse, but excluding marital misconduct.
  • Spousal maintenance or alimony. A non-working spouse is not automatically guaranteed maintenance payments, but a court may award maintenance depending on the spouse's assets, employability, and realistic earning capacity.
  • Child support. In 2017, Illinois began using the income shares method to calculate child support. The combined net income of both parents is used to determine the total amount of child support needed, and each parent pays their share of that amount in proportion to their share of net income.
  • Division of parental responsibilities. In place of outdated terms like custody and visitation, Illinois now requires parents to agree on a parenting plan that includes an allocation of parenting time and a division of major decision-making responsibilities.

Divorce and Child Custody Lawyer in Hoffman Estates

The law office of The Law Office of Brian M. Krause, P.C. provides effective and affordable legal assistance to clients in Cook County including the communities of Hoffman Estates, Rolling Meadows, Schaumburg, Streamwood, Barrington, South Barrington, Hanover Park, and Chicago. Contact us in our Hoffman Estates office at 630-388-8253.

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