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Family law issues such as divorce often present the most emotionally wrenching experience that people are forced to confront in their lifetime. It is also very likely that it will be the only time they will come face-to-face with our legal system. The mixture of emotion and litigation can be devastating, not only for the individual, but for the individuals family. Under such difficult circumstances, an effective family law attorney must not only be skilled in attaching complex legal issues, but also must be mindful of, and sensitive to, the client’s vulnerable emotional state. At the Law Offices of Patrick Markey, P.C., our first priority it to listen to our clients. Only then do we present viable and practical legal solutions while carefully explaining the potential risks and benefits of alternative courses of action. We also prepare our client’s for the substantive and procedural hurdles that lie ahead. During the entire process, we strive to keep our client’s fully informed and involved while providing aggressive and determined representation. Our goal is to lead our clients as painlessly and possible through a very difficult time in their lives while fighting for their rights in court or in obtaining an equitable settlement.

Divorce and Legal Separation

Illinois is a no-fault state, meaning that it does not look to marital misconduct when dividing property or awarding monetary support. All property acquired during the marriage with a few exceptions is marital. The titled named in one spouse or the other is generally not relevant. Property includes but is not limited to: real estate, bank accounts, retirement accounts such as 401(k), pensions, stock options, businesses, vehicles, whole life insurance policies, personal property, etc. The court must equitably allocate all the property of the marriage based on number of factors. The court does the same thing with debts incurred during a marriage. The court also can award maintenance formerly known as alimony based on several factors including but not limited to: the duration of the marriage, standard of living during the marriage, age and physical/emotional condition of each party and the present and future earning capacity of each party. The court will also need to award custody of children to one or both of the parties. “Custody” means that the parent has authority to decide the 1) religious 2) health and welfare and 3) educational decisions related to the child. The court can award sole or joint custody. One parent will be designated the residential parent where the child(ren) reside primarily. This spouse will also be entitled to child support which is a percentage of the non-residential parent’s net income after statutory deductions. The non-residential parent will likely have a parenting (visitation) schedule with the child(ren) which can vary from little to no time with the child(ren) to sometimes equal time as the residential parent. The parents also typically enter into a written parenting agreement which provides for holiday and vacation time and unusual circumstances. Other issues in a divorce include, but are not limited to: tax exemptions, attorneys’ fees, college expenses, life insurance and other expenses for the children such as educational, medical and extra-curricular.

Uncontested Divorce

There are two ways for your divorce to be truly uncontested. First, if you and your spouse unquestionably agree and have no disputes on how you are going to deal with all of the issues discussed above, then getting divorced should be fairly painless and quick. You also may qualify for flat fee instead of an hourly rate. The second way your case could be uncontested is if you cannot locate your spouse after a diligent search or if they reside out of state or the country and cannot be personally served with divorce petition (after unsuccessfully attempting to do so). This also can be done for a flat fee.

Premarital and Post Nuptial Agreements

A premarital agreement (also known as prenuptial agreement) is a written contract between two individuals who plan to be married. If the contract is written property and other conditions are satisfied, then the agreement should be binding on the parties if they subsequently get divorced. In the premarital agreement, the parties can prospectively agree on how to divide property and debts, for the payment of maintenance/alimony and other issues. Custody and child support agreements are generally not enforceable provisions due to public policy. Premarital agreements can be valuable tools to use in estate planning-especially for couples who are blending their families. Premarital agreements can ensure that property is properly distributed to children from a prior marriage in the event one spouse dies before the other. Any couple contemplating marriage should consider a premarital agreement. Even if you ultimately decide against a premarital agreement, the education you receive from a lawyer when consulting about a premarital agreement will be invaluable.

Parentage/Paternity

Establishing paternity, known as parentage under Illinois law, is a crucial first step in ensuring that a child receives financial support and a father’s rights are protected. We can help you get a DNA test done. It is a simple test with a high degree of accuracy. Father’s can also sign a Voluntary Acknowledgment of Paternity (VAP) form. By signing this form a father assumes all the rights and obligations that come with having a child. He cannot later dispute paternity if he is not the father unless he proves certain statutory elements and the legal standard for that is very difficult. Child support, visitation and custody are all issues that need to be resolved in a parentage case.

Adoption

There are several types of adoptions. Step-parent, adult, co-parent, grandparent or relative and stand-by adoption. In every adoption with the exception of adult adoption, the biological parent’s rights must be terminated either voluntarily or after the court finds them to be unfit parents. The court will also need to find that adoption is in the best interests of the child(ren).

For more information about these practice areas and your rights, please call 312-223-1763. The information on this website is for informational purposes and not legal advice. The viewing of this website does not constitute an attorney-client relationship.


	Home \| Attorney Profile \| Services / Practice Areas \| Contact \| Testimonials

	Services/Practice Areas Family law issues such as divorce often present the most emotionally wrenching experience that people are forced to confront in their lifetime. It is also very likely that it will be the only time they will come face-to-face with our legal system. The mixture of emotion and litigation can be devastating, not only for the individual, but for the individuals family. Under such difficult circumstances, an effective family law attorney must not only be skilled in attaching complex legal issues, but also must be mindful of, and sensitive to, the client’s vulnerable emotional state. At the Law Offices of Patrick Markey, P.C., our first priority it to listen to our clients. Only then do we present viable and practical legal solutions while carefully explaining the potential risks and benefits of alternative courses of action. We also prepare our client’s for the substantive and procedural hurdles that lie ahead. During the entire process, we strive to keep our client’s fully informed and involved while providing aggressive and determined representation. Our goal is to lead our clients as painlessly and possible through a very difficult time in their lives while fighting for their rights in court or in obtaining an equitable settlement. Divorce and Legal Separation Illinois is a no-fault state, meaning that it does not look to marital misconduct when dividing property or awarding monetary support. All property acquired during the marriage with a few exceptions is marital. The titled named in one spouse or the other is generally not relevant. Property includes but is not limited to: real estate, bank accounts, retirement accounts such as 401(k), pensions, stock options, businesses, vehicles, whole life insurance policies, personal property, etc. The court must equitably allocate all the property of the marriage based on number of factors. The court does the same thing with debts incurred during a marriage. The court also can award maintenance formerly known as alimony based on several factors including but not limited to: the duration of the marriage, standard of living during the marriage, age and physical/emotional condition of each party and the present and future earning capacity of each party. The court will also need to award custody of children to one or both of the parties. “Custody” means that the parent has authority to decide the 1) religious 2) health and welfare and 3) educational decisions related to the child. The court can award sole or joint custody. One parent will be designated the residential parent where the child(ren) reside primarily. This spouse will also be entitled to child support which is a percentage of the non-residential parent’s net income after statutory deductions. The non-residential parent will likely have a parenting (visitation) schedule with the child(ren) which can vary from little to no time with the child(ren) to sometimes equal time as the residential parent. The parents also typically enter into a written parenting agreement which provides for holiday and vacation time and unusual circumstances. Other issues in a divorce include, but are not limited to: tax exemptions, attorneys’ fees, college expenses, life insurance and other expenses for the children such as educational, medical and extra-curricular. Uncontested Divorce There are two ways for your divorce to be truly uncontested. First, if you and your spouse unquestionably agree and have no disputes on how you are going to deal with all of the issues discussed above, then getting divorced should be fairly painless and quick. You also may qualify for flat fee instead of an hourly rate. The second way your case could be uncontested is if you cannot locate your spouse after a diligent search or if they reside out of state or the country and cannot be personally served with divorce petition (after unsuccessfully attempting to do so). This also can be done for a flat fee. Premarital and Post Nuptial Agreements A premarital agreement (also known as prenuptial agreement) is a written contract between two individuals who plan to be married. If the contract is written property and other conditions are satisfied, then the agreement should be binding on the parties if they subsequently get divorced. In the premarital agreement, the parties can prospectively agree on how to divide property and debts, for the payment of maintenance/alimony and other issues. Custody and child support agreements are generally not enforceable provisions due to public policy. Premarital agreements can be valuable tools to use in estate planning-especially for couples who are blending their families. Premarital agreements can ensure that property is properly distributed to children from a prior marriage in the event one spouse dies before the other. Any couple contemplating marriage should consider a premarital agreement. Even if you ultimately decide against a premarital agreement, the education you receive from a lawyer when consulting about a premarital agreement will be invaluable. Parentage/Paternity Establishing paternity, known as parentage under Illinois law, is a crucial first step in ensuring that a child receives financial support and a father’s rights are protected. We can help you get a DNA test done. It is a simple test with a high degree of accuracy. Father’s can also sign a Voluntary Acknowledgment of Paternity (VAP) form. By signing this form a father assumes all the rights and obligations that come with having a child. He cannot later dispute paternity if he is not the father unless he proves certain statutory elements and the legal standard for that is very difficult. Child support, visitation and custody are all issues that need to be resolved in a parentage case. Adoption There are several types of adoptions. Step-parent, adult, co-parent, grandparent or relative and stand-by adoption. In every adoption with the exception of adult adoption, the biological parent’s rights must be terminated either voluntarily or after the court finds them to be unfit parents. The court will also need to find that adoption is in the best interests of the child(ren). For more information about these practice areas and your rights, please call 312-223-1763. The information on this website is for informational purposes and not legal advice. The viewing of this website does not constitute an attorney-client relationship. ©2009 Patrick Markey, P.C. All rights reserved