Family Law Attorney Arlington Heights and Schaumburg, IL
The majority of individuals only have a few interactions with the family law system during their lives, but when these interactions occur, they often come at times of crisis. Robert S. Thomas can assist you with divorce, child custody, and many family law matters. Robert S. Thomas has been practicing family law and domestic relations for over 25 years with specialized training in high asset divorce, complex litigation divorce, alimony, retirement accounts, property division, contested divorce, and child support. Contact our Arlington Heights-Schaumburg office to begin the evaluation of your case.
Family Law Areas that We Handle
Robert S. Thomas concentrates his practice on contested divorce, uncontested divorce, child custody and visitation, child and spousal support, property division, litigation, alternative dispute resolution, domestic violence, and protective orders. Robert S. Thomas offers skilled representation and compassionate guidance to all of his clients.
Types of Divorces
In a divorce, the court ends the marriage and all legal benefits that are part of the marriage.
The two most common types of divorces are contested and uncontested. An uncontested divorce is when both spouses agree to the divorce. A contested divorce is when a spouse is not in agreement with the divorce. If you and your spouse agree to all terms of the divorce and meet all requirements (*cannot have children together), you may qualify for a joint simplified divorce. A joint simplified divorce is a court process that makes it easier and faster to obtain a divorce.
Divorce and Property Division
In a divorce, the court divides marital property. Marital property is considered any property or money that either spouse acquired during the course of the marriage. The court divides marital property fairly between spouses. However, the court does not necessarily divide property in an even 50/50 split. This is one the many reasons why you should consult with an experienced Schaumburg-Arlington Heights, Illinois divorce attorney. When deciding the division of the marital property the court takes the following into consideration:
- length of the marriage
- age of each spouse
- physical and emotional health of each spouse
- income or property brought to the marriage by each spouse
- standard of living during the marriage
The court does not generally divide non-marital property. The court may, however, consider the non-marital property when making decisions regarding other issues within your divorce. The court could consider non-marital property when making decisions on how much maintenance or spousal support should be paid.
Child Custody (Parental Responsibilities) & Child Support
The term child custody is no longer used in Illinois and has been replaced with the term parental responsibilities of a child. In a divorce, the court decides which parent receives parental responsibilities. There are two types of parental responsibilities: decision-making power and parenting time. Decision-making power is the power of raising the child and includes the areas of religion, healthcare, education, and activities. This is also called significant decision-making responsibilities. Parenting time is the time the child spends with a parent. The court will usually give both parents parenting time, but not always equal time. Robert S. Thomas is skilled in creating parenting plans that are approved by the court.
Under the law, children have the right to expect financial support from both parents. When calculating child support the court will consider both parents’ income from all sources. Although the court decides the amount of support assigned to each parent according to their contribution to the combined income, the court will consider other factors which could impact the amount of support. Divorce attorney Robert S. Thomas, located in the Schaumburg-Arlington Heights area, will work zealously to get you and your child adequate support.
Unlike child support, spousal support is not mandatory. If you and your spouse cannot reach an agreement on spousal support you will have to ask the court to intervene. The court will review the circumstances surrounding your marriage and divorce. A judge will decide if spousal support is appropriate, and the judge will determine the amount of support. A divorce attorney can negotiate and create a spousal support agreement that the court will approve.
Orders of Protection
To keep you and your loved ones safe, our family law practice includes orders of protection. In the event that you do not qualify for an order of protection, Robert S. Thomas Attorney at Law will analyze your situation and explain the other possible options available to you.
We Can Help
If you are contemplating divorce or struggling with another family law related issue, contact a highly skilled Schaumburg and Arlington Heights family law attorney. Ken S. Thomas will thoroughly evaluate your situation and inform you of all your options. Call Ken S. Thomas today for your consultation.