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DEFEND YOUR FUTURE
Family law is complex, both legally and emotionally.
Going through a divorce or other family law issue can be stressful and feel devastating at times. At January Family Law, our goal is to educate and empower so that couples can transform themselves and their family positively through the separation process.
We have experience with cases involving child custody, paternity, divorce and post-marital issues, and more. Our office’s dedication to preparation and detail continuously leads to solid success in Illinois family courts.
We understand that each family is different, but our goal is the same – to help you move toward a brighter and happier future.
▶ Avoid going it alone – Let’s work together for a brighter future for you and your family!
Managing Attorney - January Stramaglia
Full suite of family legal services
Divorce
Paternity Establishment
Child Support
Child Custody
Modifications
Parenting Time
Property Division
Spousal Maintenance
& more!
Frequently Asked Questions
When should you consider divorce?
There are many conversations that may lead to the dreaded divorce conversation. If your needs aren’t being met, such as your emotional or psychological needs, then you may be considering divorce.
When you marry someone, you are joining in agreement that your goals and values are similar, and you are entering into a legal contract to be joined in marriage with your partner. If your partner is suddenly not aligning themselves with the goals of the marriage and your values, and if those issues are not being addressed, you may feel like it is time to end the marriage.
If you are being abused, either physically or emotionally, by your partner, then it is time to take your life back.
Should you try to file for divorce first?
There is not a tactical advantage to filing for divorce before your spouse. The only benefits may be having extra time to prepare. This advantage can be time to prepare your finances, prepare yourself emotionally, and more time to speak with legal services.
You can also protect yourself from any surprises from your spouse, such as them filing first and catching you off guard.
You should file for divorce when your divorce attorney thinks it is the right time to do so. The best family law attorneys will know the right time to file.
How is property divided?
The family court will use many tools to determine a fair division of assets. Illinois uses a method called “equitable distribution,” which means assets are divided fairly but not necessarily equally. The court will examine each spouse’s contributions to the marriage, their financial needs, and the duration of the marriage. Using this information, they will determine a fair division of marital property.
When the courts examine the contributions each spouse has made, they will include non-financial contributions, such as one spouse remaining unemployed to manage the household and raise children.
Can you and your spouse avoid divorce court?
Divorce court is usually intended for couples who can not come to an agreement amicably. Relying on a judge to divide your assets, determine child custody, set parental responsibilities, and set families on a new path can be avoided with mutual agreements and mediation.
January Family Law, LLC’s skilled attorneys can help you and your spouse reach an agreement using mediation and other negotiation tactics. This will help both parties feel that the divorce was fair and equal.
You can also choose to file an uncontested divorce. This type of divorce is where you and your spouse come to an agreement and submit the specific required plans to the court on how the divorce will be settled.
Can your spouse stop you from seeing your children?
The short answer is no. Family courts start each case unbiasedly, assuming that it is best for the child to have contact and equal time with both parents. Parental responsibilities depend on both parents working together for the child’s sake.
Child custody can be altered to favor one parent over the other based on a handful of factors. If there are reports of domestic violence, the courts may want those allegations investigated and settled before determining the fairest and safest allocation of time with the child. The courts may decide to order supervised visits during these investigations instead of cutting off all contact.
How do courts determine child support?
Each child support case is unique and comes with its own complications. Illinois has its own guidelines that family courts use when determining a fair child support plan.
The courts prioritize the welfare of the child above all else, including the reluctance of one parent or the other to pay support. In Chicago, Illinois, courts use an income shares model. Both parents are required to complete a worksheet that helps the courts calculate which parent pays support and how much they will be paying. They will also examine the individual needs of each child when determining the amount the paying parent will be responsible for. Kids with special needs may result in higher monthly payments.
Can you stop your spouse from seeing your children if they are not keeping up with child support?
Child custody and child support are precarious but are separate issues. You may think that visitation with your former spouse is conditional, dependent on their child support payments. However, that is far from true.
If your former spouse stops paying child support, do not attempt to prevent them from visiting with their children. Even though what they are doing, not paying their fair share, is wrong, you can find yourself in a tough situation by withholding visitation.
Instead, work with a family law firm to find out what your legal options are and how to navigate such a difficult situation.
How much does a divorce cost?
Divorces can have a huge range in costs. An uncontested divorce in Chicago, Illinois can cost $4,000, while a contested divorce can cost $15,000. These costs can include various things from court fees and legal costs for hiring lawyers in Chicago.
Complex divorces, ones involving children or substantial marital assets, can become even more expensive to navigate. These costs don’t include things like missed work for legal meetings and court appearances.
There may even be instances where you can petition the courts to have your spouse pay your legal fees for the divorce. Such cases are decided based on financial disparity between the parties.
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