Schaumburg Family Law Attorney

Working through family law matters can be a difficult task. An experienced attorney can help you understand and manage the situation both in terms of time and economics.

The Law Offices of Robert M. Kaplan, PC offers assistance with family law concerns in Schaumburg, IL, including:

family looking at lake near schaumburgPlease E-mail us or call 847-845-9477 today to schedule your free consultation with Schaumburg family law attorney Robert Kaplan. Also, to discuss your family law needs with a lawyer, don’t hesitate to get in touch. We offer free consultations to clients in Schaumburg, Hoffman Estates, and Rolling Meadows. Our office is open from 9 a.m. to 5 p.m. Monday through Friday. Evening and weekend appointments are available.

Our goal is to get you through the divorce process as quickly, painlessly, and economically as possible. We offer honest and straightforward advice on your situation. We work to get you a fair result and keep the best interests of your children in mind throughout the process.

We are skilled in alternative dispute resolution methods such as collaboration, mediation, and negotiation. Often they can be used to avoid the time and costs of a trial. However, we have extensive trial experience and are always prepared to litigate.

Is a lawyer required when divorcing in Schaumburg?

No state requirement demands that you hire an attorney to proceed with a divorce, but because the decisions you make now can have a lifelong effect on your quality of life, financial well-being, and your rights when it comes to your children, having a knowledgeable attorney on your side can make the divorce process easier.

Some of the considerations when filing for a divorce include:

  • Primary custody of children
  • Division of property including primary residence
  • Guardianship of pets obtained during the marriage
  • Division of debt
  • Maintenance or spousal support

There are advantages to hiring an attorney. If one party obtains an attorney to assist with navigating the often confusing divorce process, this gives them a clear advantage over the unrepresented party. In this case, obtaining an attorney can ensure that you receive fair treatment during this already emotional and stressful process.

At the Law Offices of Robert M. Kaplan, PC, we have the experience and expertise to handle uncontested divorce, as well as the most complex contested divorce cases, making the process easier because you have the legal support and advice of an experienced attorney.

This depends on several variables, including whether you have children, the actions of your spouse, and personal property to divide. If you have children and cannot agree on a shared parenting agreement, it can be expensive. If your spouse simply wishes to argue about everything, it can be costly. If you have personal property and cannot agree on its division, it can be expensive. However, the more items you and your spouse can agree upon, the more money you might be able to save.

Other issues that may make your divorce more expensive include highly emotional variables such as if your spouse has a personality disorder, if your children with health needs, and if alimony or maintenance is at issue. However, with experienced lawyers on both sides, your legal separation or divorce can be amicable and reasonably priced.

If you are filing for divorce in the state of Illinois, you can expect to pay filing costs of anywhere from $200 to $350 to get the legal process rolling. The best advice is always to check with your Rolling Meadows, IL divorce attorney Robert M. Kaplan.

There are different types of divorce, and the least expensive is called a joint simplified dissolution procedure. Couples who make less than $60,000 combined gross income and who have not been married for more than eight years and have no children together might be eligible for this type of divorce.

Often couples who are filing jointly for separation can file at a lower fee if they agree on such items as maintenance (aka alimony) and child support and child custody* arrangements. It is worth noting that a divorce involving children will always be a bit more expensive than one in which no children are involved.

Couples might avoid a court date altogether if they can agree in writing to a plan. If they cannot agree in writing, they might decide to jointly pay for mediation by hiring a lawyer who specializes in this.

With joint petitions, there will only be one filing fee. However, if you are filing for yourself, your spouse will need to be served a copy of the papers, and there might be additional expenses for this.

If you decide you need to hire a divorce attorney, there will be additional costs for this beyond any court or filing fees.

*In the state of Illinois, the term “child custody” and “visitation” are no longer formally used and are being replaced by “parenting time” and “parenting responsibilities.”

Whether you want to modify visitation or custody hours or have had a change in income and wish to re-examine your child support arrangement, we can help.

Modifications are typical when there has been a significant change in circumstances. We will evaluate your situation, give you straightforward advice, and assist you in obtaining a modification in the greater Chicago area.

mom holding child up on fence post at a farm near schaumburgHow do I change or modify my custody visitation order?

If there has been a substantial change in circumstances since your divorce judgment was entered, either because of changes in your children’s lives or changes in your life, then you may have grounds to seek to modify the judgment. The first step is to file a petition to modify alleging a substantial change in circumstances with the court. Issues related to your children are always modifiable. Maintenance or alimony is sometimes modifiable. Properly done property settlements are never modifiable unless an error occurred in drafting or a fact was not disclosed at the time of entry of judgment (i.e., a hidden asset is later uncovered). To determine whether your instrument is modifiable, you should consult a lawyer.

We also represent clients in establishing the existence of a parent-child relationship and all related matters, including visitation and support. If you have questions about paternity issues, call our law office today to speak to a knowledgeable family law attorney in Schaumburg.

We assist parties in negotiating and drafting prenuptial arrangements designed to outline their respective financial rights and obligations and protect their personal property.

Do I need a premarital agreement?

Premarital agreements do more than just limit a party from receiving or not receiving certain assets. It can also outline whether a party will be responsible for paying maintenance in the event of the dissolution of a marriage. Your business can also be protected through this type of agreement. If created correctly, a premarital agreement can be suitable for all parties involved. It can also protect you in the event of death from family members of the deceased. Premarital agreements cannot legally contract on issues related to a child, however, such as visitation, limited support, or custody.

Illinois does not base property division on how an asset is titled. Assets acquired during the marriage are presumed to be marital property subject to division in your divorce. For example, if you purchase a home in your spouse’s name only, you have equal rights to that asset as part of your property division. Also, if all of your retirement is held in your name, but it was all saved during the marriage, your spouse has equal rights to that retirement asset as well.

Contact Our Schaumburg, IL Law Firm

Do you have more questions on the divorce process in the Schaumburg area? Please call Robert Kaplan to schedule a consultation today.