Question 1

What locations do you serve?

Accepted Answer

The firm has offices in Joliet and Naperville. We serve clients in Will, DuPage, Cook, Kane and Kendall counties.

Question 2

What practice areas do you handle?

Accepted Answer

We serve clients in a wide variety of matters, including family law and divorce, estate planning and probate, collaborative law and mediation, adoption and fertility law, family immigration and juvenile law.

Question 3

Do you provide free consultations?

Accepted Answer

Yes, we provide free consultations. Contact our office at your earliest convenience, and we will be happy to arrange a consultation for you.

Question 4

Why should I hire Blacha Law Office, LLC?

Accepted Answer

We provide personalized attention and effective representation in a wide range of legal matters. Our founding attorney, Monika Blacha, has a background in complex litigation dating back to 1999 and is a skilled mediator. We focus on divorce, child custody, post-decree litigation, estate administration, probate, and guardianship. Unlike some attorneys who may become less responsive over time, our team prioritizes your legal matters and keeps you informed throughout the process. We believe in offering personal attention every step of the way, ensuring that your case is handled with care. Additionally, our attorneys have received recognition for their outstanding legal service, including Super Lawyers and Avvo Clients' Choice Awards.

Question 5

What are the grounds for divorce in Illinois?

Accepted Answer

Starting from January 1, 2016, Illinois operates as a "no-fault" state, which means the sole grounds for divorce are irreconcilable differences. Prior to this date, there were ten "fault" grounds for divorce, including reasons like adultery, physical cruelty, and mental cruelty. In a divorce case, a judge must establish that "efforts at reconciliation have failed" or that future attempts "would be impractical and not in the best interests of the family." To prove irreconcilable differences, one only needs to demonstrate that they have lived apart from their spouse continuously for a minimum of six months. It is possible for parties to share the same residence while leading separate lives.

Question 6

How long must I reside in Illinois to file for divorce in the state?

Accepted Answer

At least one party involved in an Illinois divorce must have lived in the state for a minimum of 90 days before a judgment can be granted. You must also reside in the state for a minimum of 90 days before filing for divorce.

Question 7

How is custody determined in divorce or the end of a nonmarital relationship?

Accepted Answer

While many people still use terms like "custody" and "visitation" in divorce, the Illinois Marriage and Dissolution of Marriage Act was updated in 2016 to remove these terms. Instead, decisions about where minor children spend their time are now framed as the "allocation of parenting time and responsibility." This change aimed to reduce disputes and their intensity over the designation of the "custodial parent."
When determining parenting time and responsibility, Illinois courts prioritize the best interests of the child, ideally with the cooperation of the parents. It is expected that parents will negotiate in good faith to reach an agreement regarding parenting time and responsibility. Having a role in creating the agreement often results in better compliance.
If an agreement cannot be reached, and mediation is unsuccessful, the court will decide how to allocate parenting time and parenting responsibility (the latter involving significant decisions like education, medical care, and religious upbringing). Experts may be consulted, and a guardian ad litem may be appointed to represent the child in such situations.

Question 8

What remedies are available if someone willfully violates an existing court order?

Accepted Answer

In contentious divorce cases, one party may feel unfairly treated and choose to ignore a court order. In some instances, a person may claim they lack the financial means to comply with a support order. Nevertheless, both parties have a legal obligation to follow all court-ordered decrees. A non-compliant spouse could be held in contempt of court. Seeking legal counsel from a family law attorney can help you take the necessary actions to enforce the order. If a person who is not complying with a court order cites financial hardship, they must file a formal petition to modify the existing order.

Question 9

What distinguishes physical custody from legal custody?

Accepted Answer

Physical custody pertains to where the child resides, while legal custody involves decision-making regarding the child's upbringing. In cases of joint physical custody, the child divides their time between both households. On the other hand, joint legal custody grants both parents the authority to make decisions concerning the child's education, health, and religious practices.

Question 10

What factors does the court examine to determine custody?

Accepted Answer

The court evaluates a multitude of factors with a focus on the child's best interests. These factors may encompass the children's ages and needs, the parent who has been the primary caregiver, parental work schedules, geographic proximity, the mental health and fitness of each parent, support from extended family, and any history of violence, abuse, or addiction. In contested custody proceedings, our legal team can assist you in presenting a compelling case.
Is it necessary for a judge to determine custody? If parents can reach agreements on physical custody, visitation, and legal custody (decision-making), the courts typically defer to these out-of-court arrangements.

Question 11

What is the likelihood of one parent receiving full custody?

Accepted Answer

Illinois courts typically begin with the presumption that both parents will participate in raising the child. They rarely grant "full custody" (sole custody) unless one parent is found to be unfit. While it's common for one parent to be designated as the primary or majority parent, the other parent is usually granted regular visitation (parenting time) as well as shared legal custody.

Question 12

What makes a parent unfit for custody?

Accepted Answer

Courts are hesitant to strip custody rights from parents. However, a parent may be considered unfit for physical custody due to abandonment, neglect, child abuse, domestic violence, substance abuse, severe mental health issues, or involvement in criminal activities. If a parent has demonstrated abusive or reckless behavior, the court may limit contact to supervised visitation.

Question 13

Do mothers have greater rights than fathers?

Accepted Answer

No, gender does not factor into the criteria used by Illinois courts when determining custody. While it's true that mothers are more frequently granted primary custody, especially for younger children, this often reflects their role as the primary caregiver. Fathers have equal rights under the law but may require effective legal representation to assert these rights.

Question 14

Can a father obtain sole custody or primary custody?

Accepted Answer

Absolutely. If the court determines that the father can provide a healthier and more stable environment or has been the primary caregiver, he may receive the majority of parenting time. As previously mentioned, sole custody is awarded to a father only if the court deems the mother unfit.

Question 15

How is custody decided when parents were never married?

Accepted Answer

Marital status does not impact custody rights. An unmarried father can be granted primary or even sole custody. If the father was not involved in raising the child, he will need to establish paternity and file for visitation or supervised visitation before seeking a more significant parenting role.

Question 16

Do children have a say in custody decisions?

Accepted Answer

The court considers the preferences of older children who express a desire to live with one parent, but this is just one factor in the decision-making process. Ultimately, the judge takes into account the child's age, maturity, and reasoning when making a determination.

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