Get Personal Attention by Belleville IL Family Law Attorneys Ready to Guide You
Families going through issues pertaining to legal separation, divorce, child support, parenting time, or who need a prenuptial or post-nuptial agreement may find the process to be overwhelming. Family matters are often emotional, intense, and uncomfortable. The legal issues surrounding family law matters are quite complex and can require a great deal of time to resolve. If your family is facing a legal situation, you need to have a family law attorney in Belleville IL who will aggressively handle the matter, while always protecting your interests and the interests of your children first. We help our clients know what to expect and how to balance the emotional, psychological, and financial aspects of the matter to achieve a solution that works best for your family. Your family is the most important thing in your life and we are here to help when you and your loved ones are facing a contentious dispute or a difficult situation.
The right family lawyer near me can make all the difference in the outcome of your case. Be sure to choose a family law attorney you can trust and whom you feel comfortable speaking to openly. The family law attorneys of Katzman & Sugden, LLC in Belleville IL have over 60 years of combined experience and always put our clients first. Your case is important to us and we treat every client with the respect and the personal attention they deserve. We know how difficult it is to work through these issues and feel it is important to provide you with honest and informative legal counsel. We will take the time to understand your needs and expectations and will provide you with solid, reliable results.
We Protect Your Rights In Many Legal Areas
With decades of combined experience, our Belleville IL family law attorneys are knowledgeable, skilled and assertive when representing clients throughout the Belleville IL area. Through the years, we have guided and collaborated with clients in family law matters that include:
Divorce & Legal Seperation
Parenting time and parental responsibilities (Child custody and visitation)
Child support and Post High School Educational Expenses
Father’s rights
Grandparent visitation
Maintenance (spousal support or alimony)
Military Divorce
Modification or enforcement of Court Orders
Orders of protection and Stay away Orders
Relocation or removal of a child
Paternity matters
Prenuptial/premarital and postnuptial agreements
Property division
What does ‘best interests of the child’ mean?
Family legal issues involving children can be very complicated for every party involved. These matters are often highly emotional and legally complex. As such, they may not always make sense to people navigating cases like child custody — especially for the first time.
For instance, Illinois courts are typically directed to make decisions that align with “the best interests of the child.” This standard can seem vague and, at some times, conflicting with parental beliefs. In this post, we will provide some more information on what this can mean.
What are the best interests?
There is no one exact answer to what this means, as every child and every family is different. However, generally speaking, the best interests of the child involve resolutions that preserve and foster a child’s mental health, security, happiness and development.
Therefore, numerous factors go into determining what is in a specific child’s best interests. These factors include:
The wishes of the child
The wishes of the parents
Any adjustments the child would experience as a result of the proposed resolutions
Parental involvement and capabilities
Parental willingness to cooperate with each other
Logistical complications, including transportation and daily schedules
History of physical violence or abuse
Based on these and other relevant factors, parents or the courts can identify solutions that best protect a child’s emotional and physical well-being.
What if the parent(s) disagree with the courts?
Parents often know their children better than anyone else. So, it can be very difficult for parents when courts make (or could make) a decision without truly knowing the child or the family history.
Because of this, it is often preferable for parents to reach their own decisions on matters likes custody and visitation outside of court and with the guidance of an attorney. This allows them to tailor agreements to their specific circumstances.
That said, sometimes parents cannot or should not reach agreements themselves. In these situations, the courts will refer to those factors mentioned above to determine what solution will best protect the child.
Ideally, though, any outcome will first and foremost benefit the child involved and allow him or her to feel as safe, happy and healthy as possible.
Experienced Family Lawyers You Can Trust
We understand that you are facing a difficult time in your life. This is why we strive to provide our clients with comprehensive legal representation they can rely on with personal attention and honest advice that will guide you through the process. We pride ourselves on being accessible, honest, reliable and committed to you.
We are here to be your fiercest advocates during this uncertain time. We will work diligently to protect your interests while minimizing the adversarial and stressful nature of family law proceedings. Most importantly, we will help you look ahead to the future. With our team on your side, you will be positioned for success every step of the way. We welcome the opportunity to put our experience in family law matters to work for you.
With approachable family law attorneys, flexible evening and weekend office hours, and affordable payment plans, we can effectively address your needs and accomplish your goals. If you are facing a family law issue, contact us at 618-235-2110 for a free initial consultation.
Personalized Attention by Belleville IL Divorce Attorneys Ready to Guide You
Going through a divorce is one of the most difficult times you will face in your life. The decisions you make throughout the divorce process will impact the lives of you and your loved ones and the consequences of those decisions can last a lifetime. Our office is comprised of caring and honest lawyers who know that divorce is an emotional time. Whether you and your spouse agree on the terms of the divorce or you are facing a contested divorce, having a skilled attorney on your side is the best way to move forward. Divorce impacts the lives of your children, as well as your lifestyle and financial situation. The Belleville IL divorce attorneys at Katzman & Sugden, LLC will guide you through this challenging time in your life, while always keeping your best interests in mind. In Illinois, the legal term for a divorce is dissolution of marriage.
Divorce comes in two basic forms: contested and uncontested.
What is an Uncontested Divorce?
A divorce is considered uncontested when the parties agree on all the terms of the divorce, from division of marital assets and property, division of liabilities and debts, spousal support (maintenance), allocation of parental responsibility and parenting time (child custody and visitation), and child support without the need for extensive negotiation or litigation. There are many advantages of an uncontested divorce such as:
Control: The parties retain full control over the terms of the settlement, and it is drafted outside of court.
Affordability: Legal costs are significantly lower
Expedited: Can be completed very quickly
The parties to an uncontested divorce will freely exchange information without discovery or depositions. The parties will work together to draft and execute a Marital Settlement Agreement that will equitably divide property, assets and debts of the marriage.
If there are children, the parties will also work together to draft and execute a Parenting Plan to resolve issues of allocation of parenting time and responsibility. A Parenting Plan outlines how the parties will raise their child after separation or divorce and specifies parenting time (also known as visitation) and who has the responsibility for the major decisions (custody) regarding the child’s education, health care and religion.
To ensure the documents are prepared correctly and your interests are protected, it is important to have an experienced attorney representing you. The Belleville IL divorce lawyers at Katzman & Sugden, LLC will carefully review all the details of your divorce with you to make certain you are moving forward in a direction that is in your best interests. In many cases, people think they have an uncontested divorce, and realize something was overlooked such as the distribution of debts or retirement accounts. Problems can arise when the parties attempt to prepare the uncontested divorce settlement documents themselves and present legally insufficient documents to the judge. This can cause the parties to miss work for multiple court appearances and can create unnecessary and costly post-divorce litigation, which is why it is so important to have an experienced divorce attorney. Katzman & Sugden, LLC offers uncontested Illinois divorce services to help parties avoid these costly mistakes.
If you and your spouse may have decided to part ways amicably, an uncontested divorce may be the most practical and effective solution. We will make the process for you as simple as possible. We will prepare all of the documents and guide you through your divorce quickly and effortlessly so that you can put your mind at ease and resume your life. If you and your spouse have an agreement on all issues, you can be divorced in a matter of weeks. Instead of charging hourly rates, divorce lawyers near me Katzman & Sugden, LLC offers flat fee uncontested divorces as an affordable divorce payment option.
What is a Contested Divorce?
In a contested divorce, the parties disagree on one or more of the terms of the divorce. These issues must be resolved, either by negotiation or litigation in court. Each spouse may hire his or her own lawyer, who will attempt to negotiate a divorce settlement that is acceptable to their client. If a settlement cannot be reached, the divorce will go to a trial in court. During the pendency of a contested divorce case, there may be multiple court appearances, depositions, written discovery, motions and evidentiary hearings.
The Belleville IL divorce attorneys at Katzman & Sugden, LLC are comfortable and experienced in the courtroom. We know how to build strategies designed to achieve positive outcomes when arguing a case in front of a judge. However, we also know that a contested divorce can be stressful and time consuming. When disputes arise, we are prepared to resolve them in the courtroom, but we present our clients with all available options to ensure that each case is taken in the direction the client wishes. We will strongly advocate for your positions while giving you an honest and realistic legal prospective, along with clear, straightforward answers to all of your questions. When it becomes necessary to turn to the court system to litigate matters, we are experienced and strategic lawyers who know how to prepare, document, and effectively argue for the outcome you desire.
Common debts that lead to divorce
Money problems are often one of the most cited reasons on why many Illinois couples divorce. It can be a stressful topic to discuss and handle, and all it takes is one major mistake by one spouse to put the couple’s financial future in jeopardy.
While there are several ways in which money can ruin a marriage, some debts have proven to be more effective than others. It is important to acknowledge these issues before a divorce so that you can build your case around the issue.
Student debt
Educational expenses have been drastically increasing over the years, leading many young college and graduate school students in financial ruin. Many spouses end up bringing these burdens in before or during the marriage, making it difficult for the couple to purchase a home or raise children. A recent study by SunTrust bank suggests that 13 percent of divorces were caused by student debt.
Since Illinois courts attempt to distribute marital property equitably, it can vary how much of your spouse’s debt you have to pay. You may not have to contribute as much if they acquired the debt prior to your marriage since the court wouldn’t consider it as marital property.
Home loans
Illinois may not be the most expensive state to live in, but it’s certainly not cheap. Out of all the purchases couples make during their time together, a house or apartment is often the make or break point of their relationship. It’s something that both of them have to pay for, and if one falls behind or loses their job, it can be very difficult to recover from.
When determining what to do with the home in a divorce, spouses need to figure out whether they want to sell the house or have one keep it while removing the other from the loan. The court examines their respective incomes and financial records to help them finalize where they end up.
Credit card debt and hidden assets
Communication plays a vital role in successful marriages. Spouses need to be honest with each other about important purchases so they can figure out a plan to pay it together. Unfortunately, some spouses are either shopaholics or make risky business decisions and neglect to inform their significant others until the credit card bill arrives. It is unfair for one spouse to be attached to expensive purchases that they had no idea their money was being used for.
If any of these debts are present going into your divorce, you must let your family law attorney know as soon as possible. Given how costly the process already is, it is important to eliminate as many additional expenses as you can.
Proceed with caution when dividing complex assets in divorce
Like many states, Illinois requires an “equitable” division of marital property in divorce. Unfortunately, many spouses have less than a fair division in mind.
It’s common for people to bring a revenge mindset to divorce. They want to hurt the other spouse, whether that is financially, through access to children or in some other manner.
In other cases, the parties involved may not be mean-spirited, yet they have extensive and varied assets. Even when couples in this situation are willing to cooperate, the division of property is complex.
Getting It Right
It’s important to get the division of marital property right. This aspect of divorce has a great impact on the long-term financial future of both parties, and it is difficult to get a “do-over” once an agreement has been reached.
If there are retirement accounts, pension plans, real estate investments, a family business, a professional partnership, collectibles or any other highly valued asset, it is critical to work with an attorney who has extensive experience addressing the equitable division of this property.
Hiring a valuation specialist is one way to ensure that assets are treated properly. These valuation experts often have accounting backgrounds. If the assets are commercial or investment real estate, jewelry or antiques, it may make sense to enlist assistance from people who specialize in those areas.
Beware of Illiquid Assets
Financial analyst Manisha Thakor, writing in The Wall Street Journal, says the biggest mistake she sees women make in divorce is holding on to illiquid assets (often because of a desire to hold on to a family home).
The second mistake she often sees is the division of private equities (stock holdings in various portfolios). Some holdings can be tied up for months or years and, as Thakor states, “you may find yourself in a very different financial situation than the ‘raw numbers’ indicate.”
It is important to work with knowledgeable valuation experts and get experienced legal counsel when dividing complex assets in divorce. The Belleville IL divorce lawyers at Katzman & Sugden, LLC, protect clients’ rights and help them set a solid financial foundation for post-divorce life.
Client-Centered Representation
Many issues can arise during the divorce process and it is important to know your rights and responsibilities. At Katzman & Sugden, LLC, we provide assistance throughout every aspect of your dissolution, including:
Allocation of parental responsibilities and parenting time, formerly referred to as custody and visitation;
Equitable division of marital property, assets and debts, including how to divide real estate, businesses and investments, pensions, and retirement accounts;
Calculation of child support and post-high school support;
Determining whether you or your spouse are eligible for spousal maintenance (alimony), including the amount and duration of any possible maintenance payments;
Helping you understand what financial obligations you and your spouse must meet during the divorce process;
Determining the tax implications of your divorce, including filing status, child tax exemptions, and how the sale of any marital assets will affect taxes;
Discovering and resolving issues involving high-value marital assets or businesses;
Guidance through domestic violence issues, including restraining orders/orders of protection;
Representation in post-divorce modifications such as changes to child support, relocation, parenting time or maintenance;
Representation in contempt proceedings and enforcement of a divorce judgment;
Contact Our Belleville IL Divorce Attorneys for a Free Consultation
The divorce attorneys at Katzman & Sugden, LLC in Belleville IL are dedicated to achieving the most favorable outcome for you and those you love. Even when you are in agreement with your spouse as to the division of property and caring for your children, you still need a skilled attorney to ensure your divorce documents protect you from unforeseen problems in the future. We want to help you to move forward with the least amount of stress, disruption, and uncertainty about your future and that of your family. We truly care about our clients. We will provide a free consultation to help you understand the process, your rights, and to determine whether your divorce is contested or uncontested. We will advise you of your rights, while providing personal attention to your case. Contact a divorce attorney at Katzman & Sugden, LLC today at 618-235-2110 to discuss an individualized approach to protecting the legal rights of you and your family.