Chicago Lawyers Helping Families Through the Divorce Process

A Divorce Attorney in Chicago for All Kinds of Family Law Issues

No matter what kind of family law issue you are facing, Taradash Given, P.C., has the experience you need to be confident in your case. Taradash Given, P.C., has extensive experience not only in helping families navigate the end of a marriage and the financial and child custody issues these cases can entail, but a variety of other family law matters, such as preparing prenuptial agreements and establishing paternity.

Divorce

When a marriage ends, it can be devastating for all parties, especially if there are children involved. During this stressful time, thinking about the legal process and property division can seem overwhelming. The seasoned attorneys at Taradash Given, P.C., have the knowledge and understanding to guide you through every step of this difficult journey with skill and compassion. Illinois is a no-fault divorce state, which means that the only available grounds for divorce are “irreconcilable differences,” which essentially means that the marriage is irretrievably broken, and that past attempts at reconciliation have been unsuccessful and that future attempts would not be productive or in the family’s best interest. Under the irreconcilable differences framework, the court will grant a divorce after the couple have lived separately for six months, though this does not require the spouses to have two separate households. The overall divorce process in Illinois generally takes six months to a year, though this timeframe can vary depending on the complexity of the issues in your case. Our Chicago divorce lawyers are prepared to help you seek a negotiated settlement in your divorce, though we will be ready to take your case all the way through trial if necessary.

Child Custody

One of the most emotionally challenging aspects of going through a divorce if you have children is determining where the kids will live, and who will make major decisions on their behalf. Illinois law has moved away from the terminology of “custody” and “visitation,” and now refers to these issues as “parenting time” and “parenting responsibilities.” The purpose of this change is to use less adversarial terms for these often painful issues, and to remove any connotation of there being a winning or losing party in a dispute of this nature. In an ideal scenario, parents will be able to reach a negotiated agreement regarding parenting time and responsibilities, and put forward a parenting plan for the court’s approval. The plan would address matters such as where the child will physically be at different times, as well as which parent(s) will have responsibility for major decisions, such as where a child will attend school, whether the child will have a religious upbringing, and issues related to medical care. If parents are unable to agree, the court will step in. As in the past, the overarching standard a court will apply in any proceedings related to parenting time or responsibilities is what is in the best interest of the child. At The Taradash Law Group, P.C., we understand the sensitive nature of these topics, as well as how to assist our clients in establishing an agreement with their co-parent, or asserting their rights in cases where a compromise cannot be reached.

Spousal Maintenance Payments

A common area of disagreement for divorcing spouses is whether and how much one spouse will pay the other for spousal maintenance, also referred to as spousal support or alimony. A skilled divorce lawyer in Chicago can guide you through the process of seeking or responding to a request for this kind of support. Under Illinois law, if it is determined that spousal maintenance is appropriate based on factors such as the standard of living during the marriage and each spouse’s earning capacity, in most cases the court will use a statutory formula to determine the amount and duration of payments. For certain high-earning couples and in other situations where the judge may not feel it makes sense to use the formula, the court can look to a series of factors such as each spouse’s income and property, the length of the marriage, and each spouse’s physical and emotional well being to establish an appropriate level and duration of spousal maintenance. Our attorneys can help you develop a strategy and negotiate with your spouse to help you seek a beneficial outcome, or take your argument to court if needed.

Same-Sex Marriages

Since 2014, same-sex couples have had the right to marry in Illinois, and in 2015, this right was extended nationwide. Same-sex couples contemplating marriage may face many of the same questions that opposite-sex couples face, such as whether a prenuptial agreement would make sense for them, and whether either prospective spouse is receiving spousal maintenance payments that would terminate once their new marriage begins. There are also unique issues that same-sex couples may face, such as needing to arrange a second-parent adoption for a non-biological parent to secure their parental rights to a child born during the marriage. Same-sex couples who are married also have the right to divorce, and individual spouses may need guidance in reaching a negotiated divorce settlement or help advocating for their interests in court. An experienced divorce lawyer at Taradash Given, P.C., in Chicago can help same-sex spouses and couples navigate these and other complex family law challenges.

Property Division Issues

In many divorces, dividing money and property between spouses can be one of the most contentious issues. Illinois is what is known as an equitable division state, which means that courts will not divide marital assets 50/50, but rather will consider a number of factors in determining a fair allocation. These factors can include things like the length of the marriage, each spouse’s earning potential, what each spouse has contributed to the marital estate including contributions made as a homemaker, and whether there is a prenuptial agreement. Marital property generally only includes assets that were earned or acquired during the marriage, and excludes things like property that was owned by one spouse before the marriage, or inheritances received by one spouse only. However, when separate property is mixed or commingled with marital property, the separate property may become marital property. Our knowledgeable legal team can advocate on your behalf with regard to property division, and help you seek fair treatment throughout the process.

Prenuptial and Postnuptial Agreements

A common misconception about prenuptial agreements is that only wealthy people need them. However, they can be useful for people in a wide range of financial situations, and an experienced Chicago divorce attorney can help you determine if a prenuptial agreement may be right for you. For example, if you have significant assets to protect going into a marriage, are anticipating a sizeable inheritance in the future, or if you have children from a prior relationship whom you wish to provide for, a prenuptial agreement may be wise. Similarly, if you are already married and wish to set forth an agreement regarding the disposition of your assets in the event of a divorce, a postnuptial agreement is an option that you may wish to consider. Note that although couples can decide how their assets will be distributed in a broad sense through agreements of this nature, they cannot contract around child custody or support laws. The family law attorneys at Taradash Given, P.C., are well-versed in the nuances of prenuptial and postnuptial agreements, and can help you develop a contract to meet your needs.

Child Support and Child Support Modification

Child support is one of the most important issues families must work through in a divorce involving kids, and you need experienced legal counsel guiding you through this process. Ideally, both parents will work to come to a negotiated agreement regarding support, but sometimes this does not happen. Vigorous representation may be vital if you are going through a contested child custody matter, as the outcome of this proceeding may affect your child’s life for a long time in the future. While a judge must make a determination based on the best interests of the child, this evaluation involves weighing a broad range of factors including those related to income, family size, and cost of living. A divorce lawyer at our Chicago firm can help you persuasively present your case for the arrangement that you are seeking so that your child can have the stability, affection, and guidance that they deserve. If you need to modify a child custody arrangement or another type of order from a family law proceeding, we also can help you navigate the process of showing how circumstances have changed, such that a modification has become necessary.

Domestic Violence and Orders of Protection

If you are in an abusive relationship or are in fear for your safety due to the conduct of a current or former partner, family member, or housemate, there are legal protections available to you. Under Illinois law, an order of protection is a type of restraining order that can, among other things, require someone to stay a certain distance away from you and refrain from contacting you. It can also require that person to turn in any firearms that they own or obtain counseling. These orders can apply to both opposite-sex and same-sex couples in Illinois. An attorney with experience handling domestic violence cases and orders of protection can evaluate your situation, and potentially help you pursue either an emergency or permanent order to stop the abuse and harassment you have been subjected to.

Determining Paternity

Establishing a child’s paternity can be of central importance in relation to many types of Illinois family law proceedings. While a presumption of paternity applies to any child born during a marriage, parents may need to take specific steps to establish paternity if they are unmarried or if one of them wishes to challenge paternity. Whether you are seeking to establish paternity through voluntary means, or are facing the prospect of a contested proceeding, the family law and divorce lawyers at Taradash Given, P.C., in Chicago are prepared to answer your questions and represent your interests. We have the knowledge and understanding of the procedures involved in establishing paternity to help you through this process, and to resolve any paternity-related legal issues you and your family may be dealing with.

Fathers’ Rights

If you have children with your former spouse or partner and live separately from your kids, it can be difficult for everyone involved. It can be much worse if your ex or co-parent is not allowing you access to your children, speaking ill of you to your children, and/or failing to comply with the terms of a custody or visitation order. A skilled family law attorney can help you assert your rights if you have found yourself in this situation. Depending on the circumstances, refusing to let you see your child may be considered a criminal act, and can also require the non-compliant parent to pay attorney’s fees in any enforcement proceedings related to the visitation order. The legal team at Taradash Given, P.C., can assist you in understanding your rights and options, and pursuing the relationship you deserve to have with your children.

Dedicated and Experienced Chicago Family Law and Divorce Attorneys

In most family law related issues, there will be someone trying to prevent you from reaching your desired outcome. Often this person is represented by experienced counsel. Don’t get taken advantage of or lose what you are legally entitled to simply because you are “outmatched” in the courtroom; secure the assistance of an experienced Chicago family law attorney. Indeed, while some divorces, for example, are relatively straightforward and do not involve many disputed issues, others may involve sensitive or complex questions related to child custody, visitation, or spousal maintenance. These cases require the counsel of a seasoned attorney who can represent your interests at the negotiating table, in mediation, or at trial if necessary, though the latter can be a risky option many parties will want to avoid if possible. From filing the petition to guiding your case through status conferences, settlement conferences, and all the way to a final resolution, our experienced lawyers can help you make informed decisions and represent your interests at every stage.

Ms. Given is a certified mediator and is passionate about helping clients resolve disputes via mediation when appropriate. Many clients are not aware of mediation as an option. Through mediation, Ms. Given serves as a neutral third party to help clients resolve their issues together. This saves clients an enormous amount of money and time and also allows them to generate a customized settlement agreement uniquely tailored to their specific family needs.

If you are facing one of the family law issues above, give Taradash Given, P.C., a call. One of our skilled divorce attorneys be available to speak with you about the facts of your case and your desired outcome. While no result can be guaranteed in family court, Taradash Given, P.C., will work tirelessly to serve you. As our client, your needs will come first, last, and always. Make sure that you have an aggressive and dedicated ally in your corner. Contact us online or call (312) 775-1020 to speak with an attorney today.