Family Law

1. To establish the grounds of Irreconcilable Differences, the following requirements must be met:

a. You and your spouse have been living separate and apart for a period of 6 months.

Living separate and apart does not necessarily mean living in separate residences. Parties may still be residing at the same home but are not living as husband and wife.

b. Irreconcilable differences have caused an irretrievable breakdown of the marriage.

c. All past attempts to reconcile failed and all future attempts to reconcile would be impracticable and not in the best interests of the family.

2. Illinois is “No-Fault” State:

a. This means that the grounds for the divorce have no bearing on how the court may eventually divide property.

1. The general presumption is that marital property is all property and debt that the couple acquires during their marriage. There are some exceptions, such a property gifts for one spouse only, inheritances, and exchange of non-marital property for new property.

2. “Property” means more than just tangible things like a house or a bank account. Retirement accounts and pensions are generally classified as marital property; same goes for a party’s interest in a personal injury lawsuit or a workers’ compensation claim.

3. Many factors contribute to the Court's decision dividing marital property. One factor not to be considered is marital misconduct i.e. adultery, unless this misconduct involves spending marital assets.

Call Michalski & Gubernat, P.C., experienced family law attorneys to discuss the valuation and division of your marital estate.

If only one parent is awarded the decision-making parental responsibilities associated with the parties’ minor children, that parent will makeall of those decisions. On the other hand, both parents can share these decisions and make them jointly. Major decisions include those concerning medical treatment, religion, education, and extracurricular activities. The minor decisions, also referred to as day-to-day decisions, are made by the parent who is in possession of the minor children at the time such a decision is being made.

1. Where it appears that the parties will not be able to cooperate with each other in jointly exercising the decision-making parental responsibilities, then only one of the parents will have the right to exercise them.

2. For purposes of other laws, one of the parents (usually the residential parent) will be deemed to have custody of the children. However, this designation should not affect the other parent’s rights.

3. Even if one of the parent’s is awarded all decision-making responsibilities, in most cases, there other parent will have parenting time with the children.

1. Illinois Law provides certain guidelines to determine the amount of child support. In most cases, child support will be determined as follows:

a. first, each party’s net income is calculated;

b. second, these incomes are added together and the combined monthly net income is determined;

c. third, the amount of the total child support is established based on the combined monthly net income and number of children involved using the schedule provided by the Illinois Department of Healthcare and Family Services;

d. finally, the obligor pays child support in the amount equal to his/her percentage share of the monthly combined net income.

2. Using the foregoing formula, the child support is computed for both parents. However, the receiving parent is deemed to spent his/her share of child support directly on the children.

1. The amount of spousal maintenance may be so-called “guidelines” or “non-guidelines” maintenance.

2. “Guidelines” maintenance applies in cases where the combined gross annual income of the spouses is less than $500,000.00 and is calculated as follows:

a. 33 1/3% of the payor annual income minus 25% of the payee’s annual net income; and

b. The amount so calculated, however, when added to the payee’s net income, cannot result in the payee receiving more than 40% of the combined net income of both spouses.

3. The duration of spousal maintenance is based on the length of the marriage, e.g

for example, for short marriages of the duration of less than 5 years, the length of marriage is multiplied by .20. On the other hand, for marriages of 20 or more years, the court may order spousal maintenance equal to the duration of the marriage or spousal maintenance for indefinite period.

4. Like child support, maintenance is modifiable which requires filing of an appropriate motion with court.

Contact Michalski & Gubernat, P.C., to see if you are entitled to maintenance from your spouse or if you are defending yourself from having to pay maintenance.

Call Michalski & Gubernat, P.C., experienced family law attorneys.

 Parenting Time

1. Usually, both parents are granted parenting time. If the spouses cannot agree as to their parenting time with the minor children, the court will set a schedule for them. Such a schedule will usually include holiday and vacation parenting time.

2. Parenting time cannot be made contingent on child-support. This means that one parent cannot withhold parenting time from the other just because the other is not making child-support payments and vice versa. We believe that each parent’s rights should be established and placed into a Court Order which can then be enforced by a Judge. We make sure that our clients have the ability to spend as much time as possible with their children.

Call Michalski & Gubernat, P.C., experienced family law attorneys.

It is best to provide important information in a direct conversation - at the office.

Bearing in mind the specificity of criminal cases, when legal assistance is often necessary immediately, we are available by phone 847.752.0506 outside the office hours.

Similarly, when it comes to a difficult family situation that requires immediate action, we are available at the above-mentioned telephone number. Each of our clients is to feel safe and confident at every stage of the case: during hearings, negotiations, talks with contractors, law enforcement authorities.

Michalski & Gubernat, P.C. Chicago Family Law Firm

Chicago M&G Law provides family legal services

POLISH ATTORNEYS FROM CHICAGO MICHALSKI & GUBERNAT, P.C.

Divorce, legally often referred

Division of Property

Parental Responsibilities

Child Support

Maintenance/Alimony

As Polish attorneys at M&B Michalski & Gubernat, we provide security!