Blog o prawie rodzinnym – LSR Family Law Group Illinois

Learn how Illinois courts determine the best interests of the child in custody cases and the factors that influence parenting decisions.

Divorce is one of the few legal matters where a decision made today can affect your finances, your children, and your family relationships for years to come. That is why choosing a divorce attorney based primarily on hourly rate can be a costly mistake.  A lower hourly rate may seem attractive at the beginning of a case. But divorce litigation is not simply a matter of filling out forms, exchanging financial documents, and appearing in court. The difficult cases require judgment—knowing which issues matter, which do not, when to negotiate, when to litigate, and how a decision made early in the case may affect the final result. That judgment usually comes from experience.

Learn how retirement accounts are divided during an Illinois divorce, including 401(k)s, pensions, IRAs, and Qualified Domestic Relations Orders.

Illinois has passed a new child-support law, Public Act 104-0733, which takes effect on January 1, 2027. The law changes sections 505 and 510 of the Illinois Marriage and Dissolution of Marriage Act. Its biggest changes involve shared parenting time, low-income support orders, incarcerated parents, and the exchange of income information. The new law does not automatically change every existing child-support order. A parent will generally still need a legal basis to modify an existing order. The fact that Illinois changed the law is not, by itself, enough to reopen an old support order.

Unsure if you need a family law attorney in Illinois? Learn seven signs it's time to seek legal guidance before family issues become more difficult.

Not necessarily. In fact, it happens more often than people think. At LSR Family Law Group, many of our clients come to us after previously hiring one — and sometimes more than one — divorce lawyer. That does not automatically mean the client is difficult, unreasonable, or the problem. Divorce is one of the most stressful events a person can go through. The lawyer-client relationship in a divorce case requires trust, communication, honesty, and a plan that makes sense for that client’s life. Sometimes that relationship simply breaks down. One of the most important things a divorce lawyer can do is listen. Really listen. Every client comes into a divorce case with their own concerns, fears, priorities, and goals. Some are worried about their children. Some are worried about financial survival. Some are concerned about protecting a business, a home, retirement, or their reputation. Others just want the conflict to end. There is no one-size-fits-all divorce strategy. A good plan has to be custom tailored to the client, the facts, the law, and the realities of the courtroom. That also means having tough conversations when necessary. Sometimes a client’s goals do not line up with the facts of the case or what Illinois law allows. When that happens, the answer is not to ignore the problem, overpromise, or tell the client only what they want to hear. The better approach is to explain the legal landscape clearly, discuss the risks, and help the client develop realistic goals that can actually be pursued. Those conversations are not always easy. But they build trust. Many divorce firms do not take enough time to listen to the client, understand what matters most, or help the client develop a realistic strategy. When clients feel unheard, confused, or surprised by what is happening in their case, dissatisfaction grows. Eventually, trust and confidence break down. That is often when the client decides to make a change. Hiring a new lawyer during a divorce is not something most people do lightly. It usually means the client knows something is not working and wants a better path forward. At LSR Family Law Group, we understand that. We do not assume that a client who had prior counsel is the problem. We start by listening, learning the history of the case, identifying what went wrong, and building a plan designed around the client’s goals and the realities of the case. Sometimes a fresh start with the right lawyer makes all the difference.

While traditionally mothers were favored in custody disputes, as a father, you do have rights to your child. Following are 10 tips for fathers in a divorce case to learn how to protect yourself. Think carefully before leaving your home when you decide to divorce: If you leave your home and children, it may be more difficult for you to negotiate to either get the home back or get access to your children back on a full-time basis. Keep careful records of who cares for your child: While mothers have long been favored in custody disputes, trends may change as fathers take on more of the role of caregivers. In some cases, fathers are the primary caregivers in fact. If you are very involved in the day-to-day care of your child, that may impact the custody agreement the judge determines is appropriate. Collect evidence of paternity as soon as possible: If you believe paternity is going to be questioned, get a copy of your child’s birth certificate and/or of any other evidence that you have that shows you are the child’s father Request a DNA test if there is a dispute: While this doesn’t come up as often in marriage dissolution, paternity can still be disputed at times during custody cases. You may wish to consider getting a paternity test if you believe your ex-wife will question whether you are really the child’s father. Always pay child support as mandated: It may be tempting to withhold child support if your spouse is preventing you from seeing your child, but doing so can make you susceptible to a court order or contempt of court. It can also hurt your rights in a custody case. Comply with court orders and don’t break any laws- While you may not be happy if you are initially granted limited visitation, make sure to comply with all court rules. Don’t take your child from the state without permission or do anything else that might be illegal, as this can land you in jail and can make it hard for you to get custody. Hire an attorney experienced in protecting father’s rights: Your divorce attorney should have specifically worked with fathers before and should have experience in custody fights. Secure witnesses who can attest to your care of the child: If you and your spouse really can’t agree and the court has to decide on custody, the judge may request you call witnesses who can testify to your parenting skills. Ask people to be witnesses on your behalf early. Neighbors, teachers and other caregivers may all be able to tell the court how good a father you are, making it more likely you will be treated favorably in a custody dispute. Understand the custody arrangements and laws available: Each state has different rules and laws, but there are some common types of custody arrangements such as joint custody or partial custody. Understand the language as far as what each type of custody arrangement means. Do not agree to anything you don’t think is fair unless the court mandates you do so: While you may want to just end the custody battle, especially if it drags on for a long time, don’t give up custody of your child without a fight.

Mediation and Collaborative Process are two alternatives worth considering as couples decide how to approach their divorce.  Mediation and collaboration are different approaches to divorce When it comes to legal procedures, most people only know what they see on TV. There’s an opening scene, where all the parties are identified and the disputes are explained. Perhaps there will be an intervening scene, where a police detective is doing some investigation. But invariably, the next scene is when everyone is in the courtroom and the lawyers are yelling at the witnesses trying to get them to “confess.” In reality, trials, and getting ready for them, are a lot more complicated than what you see on TV. Motions are typically filed to clearly define the parties and issues. Then, discovery follows, during which each party asks the other questions, the parties exchange documents, and witnesses are deposed. After discovery is completed the judge, if s/he’s any good, tries to help the lawyers settle the case by conducting pretrial(s). If settlement is unsuccessful, the trial starts. Depending on the complexity and number of issues, it could take months. Statistics studies indicate that in divorce approximately 96 percent of cases settle. The question is, where along the continuum of case life does the settlement occur? The two parties may have incurred $1,000 or $100,000 in legal fees before they are each ready to consider compromise and reprioritize their goals. To avoid the uncertainty of the litigation process and maintain greater control over time and cost associated with the divorce experience, couples are increasingly turning to nontraditional or “alternative” dispute resolution processes. Among them are primarily mediation and collaboration. Mediation Mediation is an informal process in which the spouses meet with an impartial and neutral individual who helps facilitate communication. The mediator’s role is to guide the parties toward their own resolution. Through joint sessions and breakout sessions with spouses, the mediator helps both sides define the issues clearly, understand each other’s position, and move closer to resolution. Most often, mediations start with a joint session used to set the ground rules and an agenda. The joint session also helps define the issues and determines the parties’ positions. If joint sessions become tense, the mediator may separate the spouses and carry messages — offers, counter offers, questions, demands, and proposals — between both sides to help the spouses move closer to resolution. The mediator has no authority to decide the settlement or even compel the parties to settle. Mediation is nonbinding until parties agree on a resolution. If the matter does not settle, the claimant has preserved the right to pursue litigation or arbitration. Collaborative Process In Collaborative Process, spouses are typically each represented by an attorney who is a trained mediator and certified as a collaborative professional. As in mediation, there is an initial meeting to elicit each party’s goals and concerns and approve a set of rules in the form of a Participation Agreement. Collaboration is a multidisciplinary process. That means the spouses can agree to hire neutrals to assist in the resolution of disputed issues. A child specialist can make recommendations on allocation of parental responsibilities. A financial neutral can help the parties identify, value, and allocate assets. And, a coach can help the parties address emotional conflict that may impair their ability to function in the meeting environment. The difference between mediation and collaboration is that attorneys are present at collaborative meetings and typically do not attend mediation sessions. Both processes result in decisions on terms that may be more creative and tailored to the particular needs of the family than a judge may be able to order. Once final terms are set, they must be crafted into final settlement agreements and approved by a court before they can become final and enforceable. If you have questions about which divorce process is best for your family, please call us for a consultation. We may be able to save you thousands of dollars in legal fees and a great deal of anxiety.