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Divorce & Family Law

No two divorces are ever the same. One thing that is consistent with all people contemplating divorce is that it is stressful. There are a number of questions regarding the legal process and the steps to be taken in order to resolve the many issues that arise during a divorce. What is the first step? Consult with an attorney so that you can be confident in the decisions you make regarding your divorce options. At the Law Offices of David A. Kolb, P.C., we are committed to providing the information required by our clients in order to allow them to make educated decisions about the divorce issues that are going to impact them and their families for the rest of their lives.

At the Law Offices of David A. Kolb, P.C. we take pride in the personal attention we provide to all of our clients. We know this is a very difficult time both emotionally and financially for you and your family, and we will listen carefully to your needs and concerns. You may be considering divorce or perhaps your spouse has already filed for a divorce. At The Law Offices of David A. Kolb, P.C. your questions will be answered in a professional, caring and compassionate atmosphere.

Your divorce does not need to be a confrontational battle although a divorce court fight is often times the resolution for many individuals. Alternative methods for divorce resolution are available, including mediation and collaborative dissolution. These alternative methods allow the parties to maintain control and civility during the pendency of the divorce process.

Most of the common areas for dispute arise relative to child custody, child support and spousal support (also known as maintenance or alimony) and the division of marital property such as the residence. Contact the Law Offices of David A. Kolb, P.C. in order to schedule a free initial consultation in our office to discuss the specifics of your individual situation.

During the free initial consultation in our office, you will speak directly with an experienced attorney who will listen to your concerns and suggest how The Law Offices of David A. Kolb, P.C. will assist you in obtaining a satisfactory and realistic outcome of your situation based on the current Illinois Divorce Laws.

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There are essentially three methods by which you can resolve a divorce situation. If the divorce is contested, court litigation is usually the only manner available to seek resolution. Uncontested or Agreed divorces can be resolved through either mediation or collaborative efforts. The Law Offices of David A. Kolb, P.C. are prepared to help you and your family resolve all of the disputes inside or outside of the courtroom setting. We know the law and have the experience to work with you to resolve all of your divorce, child custody, child support, and maintenance and property distribution issues in a quick, efficient and cost effective manner.

One of the most painless ways to complete a divorce is by agreement. One way to facilitate an agreement is through mediation. Both parties jointly retain the services of a single mediator to meet confidentially to discuss their rights and obligations relative to their particular circumstances. If both parties are cooperative, a resolution can be worked out without the need to resort to a contentious courtroom battle. A settlement agreement is prepared and the process of finalizing the divorce through the entry of a judgment order is completed.

Resolution through agreement is usually the best for all concerned parties The mediation process can be a very cost effective way to resolve a divorce situation, especially when there are only a few issues of disagreement between the parties, in part because only one attorney is needed. It is important to note that in Illinois no attorney is permitted to represent both parties in the same case. But, if the parties are in agreement on most issues and an acceptable resolution can be worked out, only one attorney is necessary to complete the divorce process. Additionally, an agreed divorce is completed much more quickly than a court fight and usually results in a better post-divorce relationship between the parties.

Most importantly, an uncontested divorce keeps the parties in control of the divorce process. If you believe that your divorce is one that can be resolved in a civil, agreeable manner, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation with a lawyer experienced in agreed divorce case resolution.

Agreed Divorce ~ Collaborative Resolution

Acollaboration divorce is similar to an agreed divorce. Woth a collaborative divorce, both parties hire an attorney to work out the details and issues before a divorce action is filed with the court. The goal of both attorneys should be to reach an amicable resolution in an expedited manner. Divorces handled in this manner in Will, Kendall, Grundy and other surrounding counties can usually be completed within in a 30-60 day time period. Collaborative divorce is an excellent method for couples to avoid a long, costly legal battle while still having their interests protected by a skilled attorney.

At the Law Offices of David A. Kolb, P.C. our goal is to work in a professional and amicable manner with the other attorney in order to facilitate the best possible resolution of your collaborative divorce. If you believe that your divorce is one that can be resolved in an agreed collaborative manner, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation with an attorney experienced in collaborative divorce case resolution.

Unfortunately for many couples, they end up on the path of in-court litigation which pits one spouse against another in a costly battle certain to strain relationships for years. You may decide that you need to file for a divorce and be of the opinion that an amicable resolution is not possible because your spouse is not interested or is unable to reach the common ground necessary for an agreed divorce. Or perhaps your spouse has already filed for a divorce. In either situation, it is of the utmost importance that you hire an experienced divorce lawyer who is not only knowledgeable and comfortable but also experienced and aggressive in the courtroom setting.

A contested divorce is time consuming. It will most certainly last many months. In some cases, it could be a year or longer before the case finally progresses to trial. Child custody, child support, child visitation, maintenance (alimony or spousal support) division of assets, property settlement, and 401(k), business assets and a host of other important issues could all be a part of the contested divorce. Bankruptcies, foreclosures, disabilities, and loss of employment all pose additional complicating factors which mandate that you obtain the best possible counsel available in order to ensure your interests are appropriately protected. You cannot afford to go to court without an experienced attorney.

The Law Offices of David A. Kolb can provide you with the experienced divorce attorney you need. We are familiar with the Illinois divorce statutory requirements, have a solid reputation for integrity and possess the knowledge and courtroom skills necessary to obtain the best possible results for you. Contact our office to schedule a free in-office consultation with an experienced litigation attorney to handle your contested divorce.

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The innocent and the most vulnerable individuals involved in any divorce are the minor children of the parties. Caught between warring parents, the children are often times unwitting pawns in the battle between the spouses as they are unforgivably used by one or both parents to "get even" with the other. The best interests of the children should be a priority for anyone considering divorce. Despite what the divorcing spouses think of each other, the children usually love both of the parents and often times blame themselves for the split. We will help you protect your children. At the Law Offices of David A. Kolb, P.C. we will assist in helping the parties agree to a custody resolution that is truly in the best interest of the children. There are three different arrangements for child custody in Illinois.

Sole Custody

Sole Custody is the option where only one of the parents have residential and custodial care of the children. That same parent has sole decision making power over the children. The non-custodial parent may still exercise visitation rights so long as the non-custodial parent does not pose a serious threat to the children. To speak with an experienced lawyer, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss sole custody matters.

Joint Custody

The most common form of custody is Joint Custody. This is usually the result of a settlement agreement between the parents wherein one parent will have the residential custody of the minor children but both parents will share in the decision making responsibilities for the children. Both parents will have equal power in deciding the life choices for the children including but not limited to religious upbringing, educational choices, medical decisions and a host of other factors. The cooperation between the parents in a joint custody relationship is key to the successful upbringing of the children. Usually in a joint-custody arrangement, the non-custodial parent pays child support to the residential parent to help cover the costs of housing and supporting the children. Contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation with an experienced lawyer to discuss Joint Parenting Agreements for joint custody arrangements.

Shared Custody

The third option for the custody of minor children is Shared Custody. In this scenario, the parents actually have shared residential custody of the children. Each parent will have approximately equal custodial time with the children and each parent will have equal responsibilities in the care and decision-making responsibilities for the children. The children spend several nights each week with both parents. In order to make a shared custody relationship manageable, a very high degree of cooperation is required and proximity is important. Shared custody has a higher degree of success if the parents reside near each other. Contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation with an experienced attorney to discuss Joint Parenting Agreements for shared custody arrangements.

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Non-custodial parents and in some cases, grandparents have a right of visitation with the minor children. Avoiding unnecessary emotional trauma for the children is of the utmost importance and consideration of the best interests of the children is a high priority with our office.

There are many alternatives available to work out parenting schedules. In complex cases we will work with the necessary outside professionals such as child psychologists and parenting coaches to ensure the emotional stability of the children and to foster an emotionally sound relationship with the non-custodial parent.

Child support payments are most often, but not always, facilitated through court mandated agencies. The amount of child support payments will vary based on several factors including the number of children, the income levels of both parents and the specific financial situation of the individuals involved. Contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation with an experienced attorney to discuss child support, child visitation and other child related issues.

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Maintenance or spousal support, which was previously known as alimony, is a complex area of divorce law. Many factors contribute to the issue such as when maintenance is awarded, the types of maintenance, the collection of maintenance and the modification or termination of maintenance.

The Illinois Marriage and Dissolution of Marriage Act allows for the payment of maintenance based upon consideration of a number of factors including:

• The income of each party
• The needs of each party
• Present and future earning capacity of the parties
• Impairment of the earning potential of either party
• Standard of living during the marriage
• The duration of the marriage
• Age and physical condition of both parties
• Tax consequences of the property division
• Contributions by the party seeking maintenance to the education, training or career development of the other spouse
• Any valid agreements of the parties
• Any other factors that the Court finds to be just and equitable

No single factor is controlling and nothing requires that all factors be considered or given equal weight. The court is only required to find a reasonable balance. If you would like to speak with an experienced lawyer about maintenance or the factors related to receiving or paying maintenance, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation. We will take the time necessary to advise you of your rights and responsibilities related to maintenance.

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The Illinois Domestic Violence Act is gender neutral and applies to partners, spouses, former partners or spouses and other family and household members. It includes a broad range of remedies available in an Order of Protection designed to deter harm to individuals and to reduce the abuser's access to the victims by separating them, limiting contact such as telephone and e-mail, and providing exclusive possession of the shared residence.

If you or a member of your family is the victim of physical abuse or threats, use of force, confinement or restraint, sleep deprivation, harassment, intimidation, neglect, stalking, exploitation or any other type of violence, contact the Law Offices of David A. Kolb, P.C. immediately to schedule a free in-office consultation to discuss the implementation of a Civil Order of Protection for you, your children or other member of the household.

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A pre-marital agreement or pre-nup as they are commonly referred to, is simply an agreement between two people prior to marriage. The agreement is common for individuals of all professions, and is especially helpful for those individuals entering into a second marriage, or individuals who have significant assets to protect or children from a prior relationship. At the Law Offices of David A. Kolb, P.C., you can speak with an experienced lawyer who can advise you regarding the steps necessary to develop an economic plan in the event that your contemplated marriage should end in divorce. Whether your interest is in protecting pre-marital assets, safeguarding an inheritance for children of a prior relationship, or safeguarding an on-going business concern, a pre-nuptial agreement can help to avoid conflict and litigation in the event of a divorce. Contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss your needs regarding the drafting, enforceability and ramifications of a pre-nuptial agreement.

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At the Law Offices of David A. Kolb, P.C., we deal with a wide range of divorce related issues including but not limited to:

• Paternity and Parentage
• Post-Nuptial Agreements
• Legal Separations
• QDRO's
• Stock Options and other financial issues
• Gestational Surrogacy
• Property Settlements

If you have a divorce related issue that needs to be addressed, seek out the best possible counsel. At the Law Offices of David A. Kolb, P.C. you will have the opportunity to speak with an experienced attorney who can advise you in the steps necessary to resolve your issue in an expeditious and cost effective manner. We listen to you and will provide you with the information you need to make an informed decision regarding the resolution of your divorce issue. To speak with an attorney in a free, confidential in-office consultation, call to schedule an appointment. Together, we will help you find a solution that fits your needs.

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