Love and relationships can be a rollercoaster ride, but what happens when your happily ever after takes an unexpected turn and the once unbreakable bond begins to crack? That’s where the tangled webs of Family Law and Divorce come into play.
In this eye-opening article, we’re delving deep into the heart of the matter to explore the key differences between Family Law vs Divorce in Illinois. Whether you’re curious about custody battles, property disputes, or the emotional aftermath, this article is your compass to deciphering the complexities of Family Law vs Divorce in Illinois.
SO WHAT IS THE DIFFERENCE BETWEEN FAMILY LAW VS DIVORCE IN ILLINOIS?
Simply stated, all divorce cases are family law cases, but many family law cases do not involve divorce. Not only does a Family Law attorney handle divorce cases, but they also handle matters regarding:
- Child Custody/Parenting Time
- Child Support
- Domestic Violence
- Orders of Protection
- Guardianships
- Adoption
- Prenuptial Agreements
Keep reading to learn more about each of these issues and how a good Family Law attorney can help you!
GETTING OFF TO A GOOD START IS SO IMPORTANT
Before we dive into the content, for those of you reading this article who need an Illinois family law attorney asap, pay close attention to the information below so that you are prepared for your first meeting (aka initial consultation) with your family law attorney.
At your initial consultation with a Family Law attorney, you should bring any information that would be relevant regarding your financial situation and your relationship including:
- Bank Statements
- Retirement Account Statements
- Investment Reports
- Prenuptial/Postnuptial Agreements
- Marriage Certificate
- Employment Information
- Asset Documentation
- Debt Documentation
- Children’s Documentation
- Any Existing Court Orders
It will also be helpful to bring a list of specific questions you have. These documents will help give you and your Family Law attorney a full picture of the situation. By being well-prepared for this first meeting, a good Family Law attorney can probably answer a lot of your questions and put your mind at ease a bit so that you can confidently move forward with a solid game plan.
For hotly contested divorce cases that require a trial and/or substantive hearings, it is especially important to get an experienced Family Law attorney on your case. For more information to help you prepare for contested divorce proceedings, stay tuned for our soon to be published article entitled: How To Prepare For Trial In Family Court.
DIVORCE LAW
Divorce law is a multifaceted legal field that encompasses the dissolution of a marriage and the accompanying issues that arise when a couple decides to part ways, such as:
- Maintenance (aka Alimony)
- Property Division
- Child Custody/Parenting Time
- Child Support
Alimony and Property Division are family law issues that are unique to divorce cases. Alimony does not apply to unmarried couples under Illinois law.
Property Division in Illinois Family Court typically refers to the determination of which property is considered separate non-marital property that is not subject to division versus marital property that should be divided. The parties can come to an agreement on how to divide property or have a court hearing and let the judge decide.
However, unmarried couples also may need to sort out who gets certain property when they go their separate ways. These issues get complicated when the unmarried couple lived together with one person’s name on the deed and the other making financial or time contributions to the house. If this is your situation, stay tuned for our soon to be published article entitled: How Unmarried Couples Split The House After Separating.
A good Family Law attorney can handle Alimony and Property Division matters and much more.
HOW A FAMILY LAW ATTORNEY CAN HELP YOU
Because the field of Family Law is so broad, there are many things a Family Law attorney can do. Every law firm is different so it pays to do your research, but here are some issues that a good Family Law attorney should be able to handle for you:
CHILD CUSTODY AND VISITATION RIGHTS
Also called parenting time, child custody disputes often arise during divorce or separation, and family law addresses the legal aspects of determining where the child will live and how visitation will be arranged between parents. More people are having children outside of marriage, so the number of non-divorce child custody cases has been rising.
The courts recognize that child custody issues are extremely important which is why judges often appoint a Guardian Ad Litem (GAL) to evaluate the family dynamic and be the court’s eyes and ears outside of the courtroom. This is true regardless of whether the case is non-divorce family law vs divorce in Illinois.
The GAL appointed to a family law case can have a tremendous impact on the final child custody arrangement. To learn more about GAL and other court appointments, see How To Get A Court-Appointed Attorney For Family Law In Illinois.
CHILD SUPPORT
This is the financial support that a non-custodial parent, meaning the parent without primary custody/parenting time, must provide to ensure the well-being of their child. It involves calculating the appropriate amount based on factors such as income, expenses, the number of overnights each parent has with the child, and the child’s needs. This amount can be modified if the income of either parent changes significantly, or if the custody arrangement changes.
Similar to custody disputes, the law on child support is the same regardless of whether the case is non-divorce family law vs divorce in Illinois.
DOMESTIC VIOLENCE AND RESTRAINING ORDERS
Sadly, many parents and children need an Emergency Order of Protection or some other type of protective order. Illinois law can provide protection for victims of domestic violence and other inappropriate behavior by granting protective orders, which can legally prohibit an abusive individual from contacting or approaching their victim.
It is important to remember that protective orders are simply a piece of paper so they cannot physically protect you or your children. However, many parents who have a protective order against them respect the order and think more carefully before acting out in the future. The list below are some examples of protective orders. The Family Law attorneys at Koth Gregory & Nieminski can explain their differences and recommend a protective order that fits your situation.
- Emergency Order of Protection – 2-week order in emergency situations
- Plenary Order of Protection – order that can last up to 2-years, then must go through the process again
- Illinois Civil No Contact Order
- Stalking No Contact Order
- Firearm Restraining Order
While orders of protection are applicable regardless of whether the case is non-divorce family law vs divorce in Illinois, there are some legal and practical hurdles with protective orders against a spouse. For example, if it is not a true emergency and no one is in immediate danger, then it is less likely for a court to issue a protective order against a spouse.
GUARDIANSHIPS
Legal guardianships play a vital role in ensuring the well-being and protection of individuals who are unable to care for themselves. Whether it’s a minor child whose parents are unable to fulfill their parental responsibilities, an elderly adult with diminished mental and/or physical capacity, or an adult with a disability requiring assistance, a legal guardianship provides a structured framework for making decisions on their behalf.
Guardianship can grant the designated guardian the authority to handle personal, medical, and financial matters, acting in the best interests of the “ward” (a person with a legally appointed guardian).
Guardianship may sound similar to a “Power of Attorney” or “POA”. The key difference between a guardian and a POA is that the court appoints the guardian based on information presented to them if the person is mentally/legally incapable. The chosen guardian may not be the same person that the party in need of protection or the party seeking guardianship recommends, but they often are.
Whereas the person seeking a POA gets to pick who gets the power of attorney over them. POA documents are often used in estate planning, and the person seeking a POA can choose to limit the POA to just financial matters or healthcare issues, and limit the POA to certain events, time frames, or situations.
ADOPTION
Fostering and/or adopting a child is a wonderful calling. Numerous studies have shown that the one thing children need more than anything else is love. A loving role model or parent coming into a child’s life can completely change the trajectory of that child’s life forever.
The adoption process can be long and confusing for many hopeful parents. The Family Law attorneys at Koth Gregory & Nieminski can help ease the stress of the adoption process. However, the first step is to do your own research on the process and contact the State of Illinois.
The State of Illinois has several laws that regulate the complex procedures involved in adopting a child. The laws are designed to ensure the adoption process follows the legal requirements and protects the best interests of the child. If you are considering fostering or adopting a child, please visit https://dcfs.illinois.gov/loving-homes/adoption.html.
Once you have decided that adoption is for you, feel free to reach out to Koth Gregory & Nieminski at any time to help you through the process and/or advocate on your behalf.
PRENUPTIAL AGREEMENTS
A Family Law lawyer can also help you before you get married Having a prenuptial agreement is a wise decision for some people. It allows couples to openly discuss and establish expectations regarding finances and assets, fostering transparency and understanding.
By addressing potential financial conflicts in advance, a prenuptial agreement can minimize future disputes. It also offers peace of mind, particularly for those with substantial assets, business interests, or inheritances.
Illinois courts typically enforce prenuptial agreements as long as the following criteria are met:
- Agreement is in writing
- Each party voluntarily signs the agreement
- The terms that are not excessively unfair
- All assets and debts are disclosed to the other party before signing
If you are the party with more assets to protect, then one thing to be careful about when signing a prenuptial agreement is the timing.
If one party provides a prenuptial agreement close to the date of the wedding, the other party could argue that he/she did not sign the agreement voluntarily. The other party could argue that he/she did not have sufficient time to analyze and negotiate the terms and signed the agreement under duress.
The best way to ensure the enforceability of the prenuptial agreement is to send the agreement to the other party more than a month in advance of the wedding and encourage the other party to hire an attorney. All of this should be documented in writing, so you have proof that the other party was not under duress.
If you are the party with less assets to protect, either don’t sign the prenuptial agreement or hire an attorney to explain the terms. You may be able to negotiate the terms and if certain terms are nonnegotiable, at least you understand the consequences in the event of divorce.
DO ALL FAMILY LAW CASES GO TO COURT?
No. Several Family Law cases go to one or more substantive court hearings on contested issues. However, there are a few Family Law issues that do not require court at all. For example, prenuptial agreements do not involve the court at all unless the parties later get divorced.
There are many other Family Law cases that require a court order to make the parties’ agreement effective, but the parties’ don’t necessarily need to go to court if they agree on the issues. The court’s involvement in those cases that are either uncontested or resolved by agreement is merely to formalize the agreement by entering the parties’ agreed order into the court’s file.
Parties in Family Law cases should comply with written agreements and court orders. For violations of court orders, there can be severe consequences. See What Happens If You Don’t Follow A Family Court Order In Illinois?
DOES THE COST OF AN ATTORNEY CHANGE IF ITS FAMILY LAW VS DIVORCE IN ILLINOIS?
Many Family Law clients want to know how expensive their case will be. Attorney fees vary drastically depending on whether the issues are contested, how many issues are contested, whether the other party has an attorney, the other attorney’s schedule, the judge’s schedule, whether discovery is necessary, and much more. However, the cost of an attorney is not necessarily higher or lower depending on whether it’s family law vs divorce in Illinois.
At Koth Gregory & Nieminski, we use several cost containment strategies so that clients do not pay more than necessary for their Family Law case. Schedule an initial consultation or read this article to learn more about our rates and the factors that increase or decrease attorney fees: How Much Does A Family Law Attorney Cost In Illinois.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Family Law vs Divorce in Illinois) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about Family Law vs Divorce in Illinois.
Published by Dustin Koth on January 2, 2024
