The family law process touches people in a deeply personal fashion. When dealing with divorce, child placement and other things that impact loved ones, it’s important to work with an attorney that can negotiate the complicated court system. At the Law Offices of Angela M. Aliota, we vigorously represent our clients’ interests.
Divorce
When a marriage falters, it is commonly one of the worst experiences in one’s life. One spouse may believe the other spouse may be at fault, or has let the other spouse down with their behavior. Both Illinois and Wisconsin are true no-fault states.
A no fault divorce refers to a type of divorce in which the spouse that is filing for divorce does not have to prove any fault on the part of the other spouse. All a spouse has to do is give any reason that the state honors for the divorce.
Both in Illinois and Wisconsin, irreconcilable differences is used as a ground for a divorce to be granted. The party that files, must show that the marriage has been irretrievably broken, and that past attempts at reconciliation have failed, and future attempts would not be in the best interest of the parties or the family unit.
Parental Responsibility and Parenting Time
Family Law Judges operate under the basic rule that whomever parental responsibility decisions are awarded to and whatever amount of parenting time is granted to each parent, is based on the child’s best interests. That is an important concept for parents to consider because stability, moral values and economics play a significant role. And, if you have a child out of wedlock, it may be necessary to establish paternity to gain your parental rights. Although parents start the process on equal footing, there are things that can help or hurt your cause.
These include:
- Criminal behavior
- Domestic abuse
- Drug and alcohol abuse
- Stable home environment
- Primary caregiver
- Moral values
The courts generally agree upon the importance of a strong child relationship with both parents. In Illinois and Wisconsin, the non primary parent usually pays some sort of child support to the primary parent. Both incomes are taken into consideration in both Illinois and Wisconsin. It is important to have legal counsel representing you, to fight for your parental responsibilities and parenting time with you children.
Spousal Maintenance
Commonly referred to as alimony, payments are made during a divorce or legal separation to a spouse to reduce financial hardship. In many marriages, one person takes on the primary breadwinner task, and the other handles the majority of the home and child rearing responsibilities. Spousal support calculations can be very complex and vary in length.
In order to make an informed decision about how to petition for these benefits, you should consider your post-marital goals, expectations and consult with an experienced attorney who can help you get the financial support you deserve.
The Law Offices of Angela M. Aliota provide experienced family law representation for the Wisconsin residents of Milwaukee, Waukesha, Racine and Kenosha Counties; as well as the Illinois communities of DuPage, Will, Kendall, Kane and Cook Counties. If you are facing a new family law matter, or need modification to an existing order, call us today.