Most people think that family law only refers to separation or divorce. However, it is much more complicated than that, and involves a wide range of legal topics including marital settlement agreement, property division, assignment of parental responsibilities, child support, alimony, parental liability and emancipation, pre- and post-nuptial agreements, annulment, and several others. However, the most common parts of any family law cases are divorce, assignment of parental responsibilities, child support, and spousal maintenance.
It is a legal proceeding that in legal terms is also known as dissolution of marriage. It allows married couples to lawfully end their marriage and move on with their lives separately. There are many reasons people file for a divorce, some of the common ones are:
- Concurrent marriage to another
- Transmission of STD
- Felony conviction
- Attempted murder
- Chemical dependency
The divorce can either be contested or uncontested. An uncontested divorce takes place when both the parties have resolved their issues. They are required to file a settlement agreement along with the compliant for divorce, which enunciates their resolution of the issues such as assignment of parental responsibilities and child support.
On the other hand, a contested divorce takes place when both the parties have not resolved their issues. They are asked to attend mediation to reach a resolution with the help of a trained mediator. If mediation doesnâ€™t work, the outcome of the divorce is decided by a judge or jury.
Assignment of Parental Responsibilities
Assignment of parental responsibilities is mostly a part of divorce proceeding when there are children involved. In most cases, these issues are resolved using the ‘best interest of the child’ approach. The judge is required to consider all the circumstances of both the parents such as monthly income, employment, relationship with the child, living conditions, mental and physical health, and several others in order to evaluate what is best for the child. The court will also take into account the childâ€™s health, age, and special needs along with the ability of each parent to meet those needs.
Child support is associated with the actions of divorce and paternity. The state laws require the non-custodial parent to pay for child support to the custodial parent. However, each state has different guidelines regarding the amount of child support that must be paid. The Illinois Compiled Statutes 750 ILCS 5/505 has designated the child support amount based on the number of children and the net income of non-custodial parent, as shown in the following table:
|Number of Children||Net Income of Non-Custodial Parent|
|6 or more||50%|
During divorce proceedings, one spouse may request the court for alimony, also called spousal support. The laws regarding spousal support may vary in different states, but the courts generally consider the education, earning power, financial and non-financial contribution, the health of each spouse, and the length of the marriage.
Hire a Family Law Attorney
Family law issues are complex and sensitive, and require professional assistance to make the process easier and less stressful for everyone involved. Contact Casement Group, P.C. today at (847) 888-9300 for a free consultation with an experienced and reliable family law attorney.